| What causes for eviction are considered just cause - tenant at-fault? |
- Failure to pay rent
- Breach of contract
- Willful and substantial damage to the unit
- Refusal to sign a new lease that is materially the same as the original lease
- Nuisance
- Failure to give access
- Illegal activity by the tenant
- Illegal drug activity
- Breach of reasonable rules and regulations
- Lawful termination of tenant employment as resident manager
- Tenant threat of harm to others
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| What causes for eviction are considered just cause - no-fault? |
- Temporary eviction for capital improvements necessary to bring the unit into code compliance
- Demolition
- Owner move-in
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| Key Eligibility and Exemption Summary |
Dwelling units located in a structure for which a cert of occupancy is first issued after 7/1/1979
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| Is there a minimum tenancy for coverage? |
No |
| Do protections apply to new construction? |
No, only applies to structures for which a certificate of occupancy is first issued before 7/1/1979 |
| What triggers the obligation to pay relocation assistance? |
N/A (not specified in the ordinance)
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| What units are eligible for rent control and which are exempt? |
Eligible Units: Units built before 1979 where the owner owns at least 5 covered units in Hayward,
some examples of covered units:
- Land lord owns a 40 unit apartment complex built in 1965.
These units have both eviction protection and rent limitation protection
-
Land lord owns a 3 unit building in Hayward, a single family home ("SFH") in Hayward,
and a 2 unit building in Hayward. All buildings were built in time 1950s.
The apartment units have just cause for eviction protection and rent increase limitations.
The SFH only has eviction protection. (Due to the Costa-Hawkins, a state law).
Examples of uncovered units:
- Land lord (LL) owns a 4 unit apartment complex in Hayward and a 20 unit complex in Fremont.
Both complexes were built in the 1940s. The Hayward units are not covered under the ordinance.
LL doesn't meet the 5 unit minimum threshold for coverage
- LL owns a 3 unit building built in 1960 and a 3 unit building built in 2001.
All units are in Hayward. None of the units are covered under the ordinance as the 2001
building's units do not count towards the LL's 5 unit minimum.
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| Additional Details |
Where a landlord has not increased the rent for a number of years,
the landlord can bank the rent increases, up to a maximum of 10% per year |
| Banking Allowed |
Yes |
| Does the landlord have to petition for additional increases? |
Yes |
| On what grounds is the landlord allowed to petition for additional rent increases? |
Unavoidable increases in maintenance and operating expenses,
substantial rehabilitation or capital improvement, increased cost of the landlord's debt service
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