City of Hayward Tenant Protections

The information below is provided by Tenants Together, based partially on research conducted by the Urban Displacement Project, and was last updated in October 2018. For complete information on the City's tenant protections, please visit their website here.

Disclaimer: This website is for general information and none of the information provided constitutes legal advice. In addition, please note that ordinances are periodically updated, modified, or interpreted by regulations. We recommend contacting the City for the official version of its law in the event that you intend to rely on this information.

Rent control is effective at keeping people in their homes. Rent control policies limit rent increases and provide greater housing stability for tenants. Rent control ordinances in California allow landlords to set the initial rent in any amount, but limit rent increases after a tenancy begins.

Rent control is often combined with eviction protections, known as "just cause for eviction," to make sure that landlords do not get around the rent increase limits by simply evicting tenants arbitrarily and bringing in new tenants. Just Cause protections provide basic fairness and prevent retaliation, discrimination, and harassment proactively.


Rating 2
What regulations does the City have? Just Cause and Rent Control Protections
Year Just Cause was Originally Adopted 1983
Year of Most Recent Just Cause Amendment 2003
Year Rent Control Originally Adopted 1983
Year of Most Recent Rent Control Amendment 2003

Just Cause Protections Summary

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
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
Key Eligibility and Exemption Summary Dwelling units located in a structure for which a cert of occupancy is first issued after 7/1/1979
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)

Rent Control Protections Summary

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.
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

Rent Board Summary

Does the City have a Rent Board? No, there is a Rent Review Office
Is the Rent Board appointed or elected? Hired
Number of Units Covered by Rent Control Approximately 1,000-1,600
Number of Units Covered by Just Cause 14,941