Landlord Rental Resources

The information on this page is specific to the perspective of a landlord and outlines the general responsibilities and requirements for a landlord as it relates to rent increases, rent view process, and petitions that are included in the Residential Rent Stabilization Ordinance (RRSO)

A rental agreement contract and a pen

If you need further assistance, please contact our staff at the Rent Review Office. Staff is available to assist by e-mail, housing@hayward-ca.gov or phone at (510) 583-4454. Para español llamar (510) 583-5547.

Resources and information

ENGLISH:

 

Compliance Documents:

 

Petition Documents:

 

​Fact Sheets:

 

Other Resources:

 

SPANISH:

Documentos de cumplimiento (Compliance Documents):

 

 

Documentos de petición (Petition Documents):

 

 

​Hojas informativas (Fact Sheets):

 

 

CHINESE:

合規文件 (Compliance Documents):

 

請願文件 (Petition Documents):

 

 

​情況說明書 (Fact Sheets):

 

According to the RRSO, landlords must pay the Residential Rent Stabilization fee annually by August 31st.  Due to COVID-19, the annual fee for fiscal year 2021 (July 1, 2020-June 30, 2021) will not be assessed until January 2021. All fiscal year 2020 (July 1, 2019-June 30, 2020) fees are now past due.
 

Click here for a list of questions and answers to frequently asked Rent Review Fee questions (updated January 25, 2021).

 

Learn more about the fees

As the landlord, you must provide the City a copy of the following notices:

  • Rent increase notices; and
  • Notices of termination of tenancy.

This applies to all rental units. The notices must be provided to the City within 30 days of giving the notice to the tenant.  If you do not provide the City with a copy of the notices, the City can issue a citation for each violation.

 

Rent Increase Notices and Notices of Termination of Tenancy can be provided to the City by mail, in person or via email:

 

777 B Street, Second Floor, Hayward, CA 94541; telephone:(510) 583-4454; RentalNotifications@hayward-ca.gov.

As a landlord, you are required to comply with the noticing requirements outlined in the Residential Rent Stabilization Ordinance (RRSO):

RRSO Notice:

As a landlord, you must provide each tenant with a copy of the RRSO or the City of Hayward RRSO Summary.  The landlord shall provide a notice that identifies which sections of the ordinance apply to the unit.  Tenants must be given this information within 30 days after the effective date of the RRSO and before renting a unit. Forms are available below. 

Rent Increase Notice:

For a rent increase notice for a covered unit, the landlord must explain the rent increase and give the tenant with information about rent review.

The following information is required on a rent increase notice: 

  • The amount of the current rent;
  • The rent increase in both dollars and as a percentage of existing rent;
  • A statement explaining the rent increase;
  • Documentation supporting the rent increase;  
  • Contact information for the City’s Rent Review Office;
  • A copy of the City’s petition for rent review form; and
  • Contact information and availability of the landlord or landlord’s representative to discuss the rent increase.

As the landlord, if you do not properly notice a tenant, a tenant can challenge an eviction or a rent increase. A sample form is available below. 

Utility Cost Notice

If requested by the tenant, the you must provide the tenant with information that explains the increase in utility costs. This information includes:

  • Proof of the utility costs for the entire building during the previous 12 months;
  • Costs by month or billing period for each unit;
  • Notices from the utility provider about the rate increase; and
  • Calculation used to calculate costs of each unit (Ratio Utility Billing System [RUBS] or similar unmetered allocation arrangement). 

Forms:

English
Spanish
Chinese

Response to Tenant Petition:

After the tenant files a petition, the City will provide the landlord a copy. Mediation will be set within 30 days after a petition is accepted. Mediation can be waived if both landlord and tenant can agree. Landlord has until 5 days before the schedule mediation to provided documents in response to the petition.

 

**Please be advise that a landlord response form will soon be available on the website.**  

 

To view the steps of the rent review process for tenants, please click here

 

Landlord Petition:

 

A landlord can request rent review to determine allowable rent increase above 5% for the following reasons: 

  • To determine a rent increase necessary to obtain a fair return on investment; or
  • To determine the proper amount of a capital improvement pass-through

After filing a petition, the City will provide a copy of the petition to the tenant. Mediation will be scheduled unless waived by the landlord. If an agreement cannot be reached in mediation, the City will schedule a date for arbitration. **Please be advise that a landlord petition form will soon be available on the website.** 

The Landlord Petition Form is located here. To file a petition, contact the Rent Review Office of the Housing Division is located at 777 B Street, 4th Floor, Hayward, CA 94541; telephone (510) 583-4454; housing@hayward-ca.gov. To view the steps of the rent review process for landlords, please click here

Fair Return

 

Landlords are assured a fair return on their property and rental income. As a landlord, you can request rent review to determine the proper amount. You can raise the rent enough to ensure that their income covers their costs and they receive an increase in profit.  This does not include cost related to loans or capital improvements.

 

Capital Improvements

 

Capital improvement is work done to the property that:

  •  adds value to the property;
  •  extends the life of the property; and
  •  benefits the tenants. 

Additionally, capital improvements include earthquake safety and energey efficiency.

Landlords may only impose a pass-through to recover half of the cost of capital improvement. The amount must be approved by the City of Hayward. Landlords can ask the City of Hayward to review before they start the work.The work must be complete and paid for before the City will give a final approval. Rent review for capital improvement pass-through must be started within 2 years of finishing work. 

A capital improvement pass-through is not considered rent so the landlord can give both a 5% rent increase and a 5% capital improvement cost pass-through. Capital improvement pass-throughs must be removed after the end of the pass-through period.

To file for a capital improvement pass-through, please submit a Landlord Petition Form along with the Capital Improvement Schedule A Form.

 

A rent increase is any additional rent requested by the landlord from the tenant. This includes any increase in housing service costs or a reduction in housing services. Housing services include: Insurance, repairs, replacement, maintenance, painting, lighting, heat, water, elevator service, laundry facilities, janitorial service, garbage removal, furnishings, parking, security service, and/or employee services. 

Covered Units:

Rent increase limits only apply to certain housing units (covered unit). A covered unit is a housing unit that was built before July 1, 1979. Major exceptions include:

  • Single unit properties that are exempt due to state law (Costa Hawkins);
  • Owner occupied properties with a legal accessory dwelling unit such as a converted garage;
  • Affordable housing units with other rent controls;
  • Hospitals, care facilities, convalescent homes, and transitional housing;
  • Motels, hotels, inns, and boarding houses, and;
  • Non-profit cooperative units owned or occupied by most of the owners.

Allowable Rent Increases:

The following are allowable increases:

  • Annual rent increase up to 5% of tenant's current rent;
  • Banked rent increase inclusive of annual rent increase up to 10% of tenant's current rent;
  • Capital improvements inclusive of annual rent increase up to 10% of tenant's current rent;
  • Fair return rent increase in the amount neccessary for the landlord to cover their costs and get a fair return on their investment;
  • Rent increase after non-voluntary vacancies up to 5% of previous tenant's rent, and;
  • Rent increase after voluntary vacancies can be set without limitations.
For more information about the allowable rent increases, please click here and see Section II: Rent Increase. 

Utility Costs:

Utilities that are charged to the tenant and is separate from rent as stated in the lease, is not considered rent.  As a landlord, upon request, you are required to provide the following information to your tenant(s) regarding utility costs:

  • Proof of the utility costs for the entire building during the previous 12 months;
  • Costs by month or billing period for each unit;
  • Notices from the utility provider about the rate increase; and
  • Calculation used to calculate costs of each unit (Ratio Utility Billing System [RUBS] or similar unmetered allocation arrangement). 

Search the database to find out what parts of the City's Residential Rent Stabilization Ordinance and Tenant Protection Ordinance (RRSO) apply to your rental unit.

 

Use our database to search for your unit or property Based on multiple public sources, including the County Assessor's Office and City address data, the City has identified what sections of the RRRSO apply to the unit. If you believe there is an error in the database or you do not see the rental property on the list, please contact our office at housing@hayward-ca.gov or (510) 583-4454.

 

Review the database

The Residential Rent Stabilization Ordinance (RRSO) provides a process to resolve disagreements about allowable rent increases (rent review). Rent review involves multiple steps. Landlords and tenants start the rent review process by filing a petition with the City of Hayward's Rent Review Office. After a petition is filed, the disagreement is resolved in one of two ways. 

 

Mediation:  Mediation is a voluntary meeting with the landlord and tenant and a trained mediator. The mediator will help the tenant and the landlord discuss the problem and possible solutions.  If the tenant and the landlord agree upon a solution, the mediator will write an agreement for the tenant and landlord to sign and the case ends.   If the tenant and landlord cannot reach an agreement in mediation, an arbitration hearing will be scheduled. 

 

Arbitration:  During an arbitration hearing, the landlord will have to show that the rent increase follows the RRSO.  An arbitrator will set the amount of the rent increase based on proof and statements given by both the tenant and the landlord.

 

Mediation is usually the first step to determine the allowable rent increase.  If the tenant and the landlord do not want to participate in mediation, this step can be skipped, and the case can be scheduled for arbitration. 

 

To view the steps of the rent review process for landlords, please click here

Who Does It Apply To? 

This applies to housing units that were built prior to July 1, 1979, major exceptions include:

  • Rental properties consisting of only one unit;
  • Owner occupied homes with a legal accessory dwelling unit such as a converted garage; and
  • Affordable housing units with rent restrictions imposed by other government agencies.

How Do I Get Help? 

 

Contact the Rent Review Office. Submit a petition to the City of Hayward to request rent review. **Please be advised that a petition form will soon be available on the website.**

 

777 B Street, Second Floor, Hayward, CA 94541; telephone:(510) 583-4454; housing@hayward-ca.gov

 

For more information on the rent review process (mediation and arbitration), please click here and see Section III: Rent Dispute Resolution Process (Rent Review).

Upon notification by the City, owners of a rental property in the City of Hayward are subject to rental housing inspections. During an inspection, inspectors conduct indepth reviews of rental property conditions to assure compliance with applicable codes. Rental properties are inspected for interior/exterior code violations and issued corrective notices for compliance.

 

To learn more about the program, associated fees and how to request an inspection, visit our Residential Rental Inspection Program (RRIP) page. 

 

Residential Rental Inspection Program (RRIP)

 

The Residential Rent Stabilization Ordinance (RRSO) aims to help with housing problems caused by lack of housing and rising rents.

The RRSO creates laws about:

 

Rent protections:

  • Allowable rent increase
  • Dispute resolution process (Rent Review)

Tenant protections:

  • Harassment and retaliation
  • Just cause for tenant eviction
  • Stopping bias about sources of income (including Section 8 vouchers) 
To view the City's Residential Rent Stabilization Ordinance (RRSO) (Ordinance No. 19-12), please click here to be directed to the City's Municipal Code. Select Chapter 12, Article 1 once you have been directed to the website.  For a summary of the RRSO, please click here