To better serve you, the City Attorney's Office has compiled an extensive Frequently Asked Questions document addressing common inquiries about legal representation, rent control, claims against the City and more.

General Questions

Residential Rent control

Mobile Home Rent Control

Claims Against the City

 

General Questions

Q. Can the City Attorney help me with my personal legal problem not relating to the City of Hayward?

A. No, the City Attorney’s office handles legal questions and concerns regarding the City of Hayward only. The City Attorney’s Office is not able to give legal advice and representation to Hayward residents.

Q. Where can I find information about the City of Hayward Municipal Code?

A. Hayward Municipal Code

Q. Where can I find information about representing myself?

A. Self Help Centers – 510.272.1393

Q. Where can I find information about an attorney?

A. The State Bar of California

Q. Where can I find information about talking to a District Attorney?

A. Alameda County District Attorney’s Office

Or 510.670.5100 South County (covers Hayward and its surrounding Cities)

Q. Where can I seek legal advice for free or at low cost?

A. Centro Legal De La Raza or 510.437.1554

(Offers variety of legal services in housing, employment, immigration, consumer protection and family law)

Q. Where can I find information about child Support?

A. Alameda County Department of Child Support Services or 1.866.901.3212

Q. Where can I make a complaint against a business?

A. Better Business Bureau or 510.844.2000

Q. Where can I get information about an accredited business?

A. Better Business Bureau or 510.844.2000

Q. Where can I find information about a legal problem with a purchase?

A. California Department of Consumer Affairs or 1.800.952.5210

Q. Where can I find Information about a legal problem with my car?

A. California Department of Consumer Affairs or 1.800.952.5210

Q. Where can I find information about a legal problem with my contractor?

A. California Contractors State License Board or 1.800.321.2752

 

Residential Rent Control

Q. I live in a single-family home, is my home covered under rent control?

A. No. Single family homes are exempt from rent control.

Q. How do I check status on a unit?

A. Contact our office at 510.583.4454, to check if a particular unit is covered under Rent Control.

Q. The property I live in is in Hayward but outside the City limits of Hayward, is this property under rent control?

A. No. The Rent Control Ordinance has no jurisdiction over property located outside the City limits of Hayward.

Q. My home is not covered under rent control, what are my legal rights as a tenant?

A. Contact Echo Housing at 510.581.9380

Contact Sentinel Fair Housing at 510.645.1305

State of California Landlord/Tenant Handbook

Q. My rent has been increased a significant amount, is this legal?

A. The allowable rent increase on a rent controlled unit is 5% or 10% if the rent was not increased the year before (only on rent control units). Contact our office at 510.583.4454, to check if a particular unit is covered under Rent Control.

Q. My landlord is not making the repairs needed in my unit. Who do I call?

A. Contact Central Legal de la Raza at: 510.437.1554

Q. I have been served with an Eviction Notice, what do I do?

A. If you have been served with an eviction notice, or a 3-day notice to pay or quit, contact the Eviction Defense Center at: 510.452.4541 for legal assistance. ECHO Housing for counseling and assistance at: 510.581.9380

Q. What are my rights as a Landlord?

A. Refer to the State of California Landlord/Tenant Handbook

Q. I need to start an Eviction Process for one of my units, what do I do?

A. This office does not handle evictions. However; first you need to find out if the property is subject to the “just cause” for eviction. Section 19 of the City of Hayward’s Rent Control Ordnance states landlord must state the reason on one of the 15 grounds listed on this section. For additional information refer to State of California Landlord/Tenant Handbook

 

Mobile Home Rent Control

Q. The Park owner is charging me for utilities, is this legal?

A. Yes, unless the utilities were not originally included in your space rent.

Q What is the difference between a long term and a short term lease?

A. A long term lease is any space rental agreement that covers a period more than 12 months. The important thing to know about long term leases is that the City’s rent control provisions do not apply to the resident.

Q. How much can the space rent be increased in a year?

A. 3% or an increase equivalent to 60 percent of the annual percentage change in the consumer price index, provided that in no event can this increase exceed 6%

Q. What is the Consumer Price Index?

A. The Consumer Price Index is a cost-of-living inflation factor based on urban consumer costs in the San Francisco Bay Area published by US Department of Labor, Bureau of Labor Statistics.

Q. How can a mobile home resident challenge a proposed space rent increase based on “other reasons”?

A. The Mobile home Rent Stabilization Ordinance allows residents to file a petition for rent review to question the amount and the reason for the space rent increase. In order to have a rent review, 51% of the affected residents are required to sign the petition.

Q. What is a service reduction?

A. Service in the park that you believe has been reduced. Example: swimming pool, club house accessibility.

Q. I have received an eviction notice from the park management, can the City help me?

A. In most cases, if a resident receives an eviction notice for not paying rent or failing to follow the park rules, the City cannot prevent the eviction. Contact ECHO Housing at 510.581.9380 for an explanation of any rights you may have.

Q. What is the Mobile home Residence Law?

A. Mobile home Residence Law (MRL) is a collection of state laws that regulate what the park owner can do in the park and provides a number of rights for mobile home residents.

Q. Can the park owner raise the space rent when I sell my mobile home?

A. If you are on a long term lease, the lease agreement will govern whether the park owner can raise rents upon sale of the mobile home. If the space is regulated by the City’s mobile home law, the park owner cannot raise the rent to the buyer.

 

Claims Against the City

Q. How do I file a Claim against the City?

A. Complete and submit a Claim Form if you believe the City of Hayward is responsible for damage or injury caused to you, or your personal property. Submit completed claims and related documentation to:

City Clerk’s office
777 B Street
Hayward, CA 94541

Q. How do I check status on a Claim I already filed?

A. Contact Risk Management by calling 510.583.4450.