Temporary Moratorium on Evictions

Updated May 6, 2020

On April 21, 2020, the Alameda County Board of Supervisors adopted amendments to the Countywide Eviction Moratorium to provide expanded tenant protections. The City Attorney’s office will be reviewing the new County legislation, to determine the applicability of the Countywide Moratorium versus the City Moratorium.  Please check the City’s website for updates. Information about the legislation approved by the Alameda County Board of Supervisors is available on the Alameda County's website.

Updated April 8, 2020

Effective April 7, 2020, in response to the COVID-19 pandemic and corresponding state and local emergency orders, the Hayward City Council voted to expand the Temporary Moratorium on Evictions to prevent displacement of residential and commercial tenants impacted by the COVID-19 pandemic.

The Council action puts in place a new 90-day moratorium on evictions of residential or commercial tenants for failure to pay rent due to coronavirus as well as on no-fault evictions that would otherwise be allowable under the city’s residential rent stabilization ordinance. Similarly, mortgage lenders are prohibited from evicting homeowners following a foreclosure based on failure to pay due to pandemic-related hardship over the same 90-day period. Importantly, the new Ordinance does NOT prevent foreclosures.

Council also approved expanded mediation services to help landlords and residential tenants negotiate repayment plans, and directed staff to bring back a proposal for a financial assistance program. Click here for a signed copy of the new Ordinance implementing these programs and services.

City staff are working hard from home to implement these services. Please check this page often for ongoing updates and resources regarding the Temporary Moratorium, expanded mediation, and financial assistance. For questions, please contact the Housing Division at housing@hayward-ca.gov or by calling 510-583-4454. Para español llamar 510-909-8971.

 Temporary Evictions Moratorium COVID-19 Community Resources

COVID-19 Updates Mediation Services Request Form

Important Forms

Mediation Services

Landlords and residential tenants are encouraged to take advantage of free mediation services provided by the City through Project Sentinel. These services will take place remotely by phone and can help landlords and tenants negotiate reasonable rent repayment plans. You can sign up for the services by clicking here. If you need assistance signing up, please contact the Housing Division at housing@hayward-ca.gov or by calling 510-583-4454. Para español llamar 510-909-8971. Staff can assist you with completing the form.

Summary of Major Provisions of the Moratorium

Applicability:  All residential units, including owner-occupied residences with mortgages, and commercial units

Length of Moratorium:  90 days (with an option for Council to vote to extend longer)

Prohibitions during the moratorium:

  • Evictions for non-payment of rent or mortgage payments related to COVID-19
  • Charging late fees for non-payment of rent related to COVID-19
  • "No Fault" evictions, except related to health and safety ‘red tag’ of units. No fault evictions include 1) necessary and substantial repairs requiring the tenant to vacate; 2) demolition of the unit (after obtaining permits); 3) owner or owner's family move-in; 4) owner seeks to recover possession of the unit for their principal residence; and 5) lawful termination of an employee where employment was condition/consideration for the tenancy.
  • Retaliation against tenants and homeowners under this moratorium. Examples of retaliation include but aren't limited to shutting off utilities or reducing services or amenities.

Tenant requirements:

  • Tenant must make a good faith effort to notify landlord that they cannot pay rent due to COVID-19-related issues. Tenants should use the form at the top of this page to notify landlords of their inability to pay rent due to COVID-19 issues.
  • Tenant must be able to provide documentation to support claim. Documentation includes but is not limited to a letter from an employer citing COVID-19 as a reason for reduced work hours or termination, paycheck stubs from before/after the COVID-19 outbreak, bank statements showing financial situation before/after outbreak, and/or medical bills not covered by insurance with COVID-19 diagnosis.

Payment of past due rent: 

  • The tenant is still liable for any unpaid rent.  While the moratorium is in place, it is important that tenants continue to pay rent to ensure housing stability for the community.
  • City is expanding mediation services to help landlords and residential tenants negotiate repayment (please continue to check this website for updates on the mediation program).

Terms once the Moratorium expires in 90 days (or later, if extended):

  • No eviction for any non-payment of rent owed during the moratorium within 90 days after the moratorium expires.
  • Landlords must meet and confer with tenant(s) prior to initiating any action to evict a tenant.

Getting help & best practices for tenants and landlords/property managers: 

Tenants

  • If you're unable to pay rent due to COVID-19, contact your property manager or landlord immediately, in writing, about your inability to pay due to COVID-19. Use the City's declaration form at the top of this page to notify your landlord.
  • You are still obligated to pay rent; however, during the temporary moratorium, you may not be evicted for failure to pay rent due to the financial impacts of COVID-19. Talk to your landlord and make use of the free mediation services to negotiate a repayment plan if you can't pay rent during the moratorium period.
  • Check this website regularly for more information about mediation services and financial assistance.

Landlords

  • Do your best to work with tenants during the moratorium period and communicate with them about their ability to pay.
  • Do not ignore the temporary eviction moratorium. Reach out to the Housing Division if you have questions about what it covers and what your rights and responsibilities are.
  • Take advantage of the City's free expanded mediation services to develop repayment plans with tenants who are unable to pay due to COVID-19. 
  • Check this website regularly for more information about mediation services and financial assistance.

Homeowners

  • The ordinance does not protect against foreclosure; it only protects against eviction following foreclosure during the 90-day moratorium. To avoid foreclosure, homeowners should contact their loan servicer immediately to discuss options to enter into a work out agreement.
  • Contact a HUD-approved counseling agency for support if you need help negotiating a workout plan or your receive a default notice.