Hayward Rent Control | Tobener Ravenscroft LLP

Hayward Rent Control

THE CITY OF HAYWARD’S RESIDENTIAL RENT STABILIZATION AND TENANT PROTECTION ORDINANCE

The City of Hayward’s Residential Rent Stabilization and Tenant Protection Ordinance, which went into effect July 25, 2019, caps annual rent increases to a certain small percentage and limits evictions to only those reasons enumerated under the law.  The ordinance also protects tenants from retaliation and harassment by their landlord, and prohibits discrimination against tenants based on their source of income.  In addition, the City of Hayward recently enacted the Tenant Relocation Assistance Ordinance, which provides relocation payment for tenants evicted through a no-fault eviction.

Are landlords required to notify their tenants about the City of Hayward Residential Rent Stabilization and Tenant Protection Ordinance?

Yes.  Landlords are required to notify their tenants about the ordinance within thirty days after its effective date of July 25, 2019.  Hayward, Cal. Mun. Code § 12-1.15.  A notice must be posted in the common area of the building or conspicuous location within the building.  Id.  Landlords are also required to notify all current tenants by providing them with a written notice that their unit is subject to the ordinance and by providing a current copy of the Residential Rent Stabilization and Tenant Protection Ordinance handbook.  Id.  All new tenants must also be notified in writing by the landlord of the ordinance prior to entering into any verbal or written rental agreement.  Id.  For both existing and new tenants, a document shall be executed by the landlord and tenant that states that the tenant has received the notice of the ordinance as required.  Id.  

If the landlord fails to provide a tenant with the required notice, the landlord will not be able to increase the tenant’s rent, and the failure to provide notice will be a defense to any action brought by the landlord to recover possession of the rental unit.  Id.   A Landlord may cure their failure to provide notice by giving it to the tenant before collecting any rent increase or initiating any action for possession of the unit.  Id. 

Can a tenant waive their rights under the City of Hayward Residential Rent Stabilization and Tenant Protection Ordinance?

No.  Terms in a lease or rental agreement, whether verbal or written, that waives or modifies a tenant’s rights under the ordinance is against public policy and is void.  Hayward, Cal. Mun. Code § 12-1.20. 


ALLOWABLE RENT INCREASES UNDER THE CITY OF HAYWARD RESIDENTIAL RENT STABILIZATION AND TENANT PROTECTION ORDINANCE

Which units have rent-ceiling protection under the City of Hayward Residential Rent Stabilization and Tenant Protection Ordinance?

Unless it falls under one of the exemptions below, all multi-unit buildings with certificates of occupancy issued before July 1, 1979, are covered under the ordinance.  Hayward, Cal. Mun. Code § 12-1.04. 

Properties that are not covered under the rent increase threshold are the following:

  1. Properties with certificates of occupancy issued after July 1, 1979.
  2. Single family homes and condominiums where the tenancy began after January 1, 1996.
  3. Mobile homes.
  4. Hospitals, extended care facilities, convalescent homes, nonprofit homes for the aged, or dormitories owned and operated by either an educational institution or a private organization.
  5. Motels, hotels, inns, tourist houses, rooming houses, and boarding houses; provided that such accommodations are not occupied by the same tenant for thirty or more continuous days.
  6. Nonprofit co-operatives that are owned, occupied, and controlled by a majority of the residents.
  7. Units subsidized by any governmental agency or authority for term specified in written agreement with governmental unit, agency or authority.
  8. Accessory dwelling units if the primary residence is occupied by the property owner.
  9. Any residential real property that is alienable separate from any other unit or is a subdivided interest.  Id.

If you do not have rent-ceiling protection under the Hayward rent control ordinance, you may have protection under state law rent control.

Does my tenancy fall under the State of California Tenant Protection Act of 2019 or the City of Hayward Residential Rent Stabilization and Tenant Protection Ordinance for purposes of rent control?

The rent-ceiling protections under the State of California Tenant Protection Act of 2019 (“California Rent Control”) apply to all units in the City of Hayward that are not covered by the City of Hayward Residential Rent Stabilization and Tenant Protection Ordinanceand that otherwise meet the requirements of state rent control.  In general, the city’s rent-ceiling protections apply to buildings with two or more units that have a certificate of occupancy issued before July 1, 1979.  If your Hayward building was built after this date, or is one of the exempt buildings under the city’s ordinance, please read our guide to determine if your unit is covered by State of California Rent Control rent caps.

How much can a landlord increase the rent under the City of Hayward Residential Rent Stabilization and Tenant Protection Ordinance?

A tenant’s rent can only be increased up to 5% once in a twelve-month period.  Hayward, Cal. Mun. Code § 12-1.05. 

However, tenants should be aware that there are some circumstances where the landlord may increase the rent beyond the 5% threshold.  Id.  Below are ways that a landlord may exceed the 5% threshold or pass through certain additional costs to the tenant:

  1. Unit Voluntarily Vacated: The rent may be raised beyond the allowed threshold amount if the unit was voluntarily vacated. 
  2. Eviction: The rent may be raised beyond the allowed threshold amount if the tenants were lawfully evicted from the unit. 
  3. Prior Lease: The threshold shall not apply if it would violate the terms of a lease that was entered into on or before July 25, 2019.
  4. Government-Utility Pass Through: The landlord may pass through an increase in costs of a utilities such as garbage, gas, electricity, and water.  If the increase in cost is more than 1% of the tenant’s existing rent, the landlord is required to provide the tenant with documentation supporting the increase amount.  If documentation is not provided, the tenant may file a petition with the Rent Review Office to determine if the increase is allowed.
  5. Capital Improvements: The landlord may petition the Rent Review Office to impose a pass through for capital improvements that were completed within two years of the filing of the petition.
  6. Banked Increase:  A landlord may add up prior allowable rent increases that the landlord did not take for up to ten prior years.  Any banked increases that were not imposed expire after ten years.  The total of the banked rent increases per year cannot exceed 10%.  A tenant that receives a banked increase above 10% may file a petition with the Rent Review Office for review.  Id.

If a tenant receives a rent increase above the allowable amount, they should contact the Rent Review Office or consult with an tenant attorney to confirm the increase is permitted.

What information must the rent increase notice contain under the City of Hayward Residential Rent Stabilization and Tenant Protection Ordinance?

Rent increase notices shall state that the landlord considers the rent increase consistent with the ordinance, provide the reason for the increase, provide the contact information for the Rent Review Office (“RRO”), encourage the tenant to contact the RRO for explanation of the ordinance, provide contact information for the landlord, and include a blank copy of an RRO petition form.  Hayward, Cal. Mun. Code § 12-1.15.

What types of fees are landlords allowed to charge tenants under the City of Hayward Residential Rent Stabilization and Tenant Protection Ordinance?

Hayward’s ordinance allows only the following additional fees to be charged:

  1. Key Replacement: Tenants cannot be charged a replacement fee for a key or security card that exceeds the actual replacement cost plus ten dollars;
  2. Bounced Check: Tenants cannot be charged a service fee for a bounced check that exceeds the amount allowed under Cal. Civ. Code § 1719(a)(1).
  3. Late Payment: Tenants cannot be charged a fee for late payment of rent that is more than five percent of the monthly rent for each payment of rent that is three or more days late.
  4. Application Screening: Tenants cannot be charged an application screening fee in excess of the amount allowed under Cal. Civ. Code § 1950.6(b). 

Hayward, Cal. Mun. Code § 12-1.05. 

What types of petitions may be filed with the Hayward Rent Review Office under the City of Hayward Residential Rent Stabilization and Tenant Protection Ordinance?

Both tenants and landlords may petition the Rent Review Office regarding matters related to rent increases.  Hayward, Cal. Mun. Code § 12-1.07.

Tenants may file a petition for the following reasons:

  1. The Landlord did not comply with the notice provisions of the ordinance regarding a rent increase, banked increase, or governmental-utility services increase.
  2. To request review of a rent increase of more than the allowable 5%.
  3. To contest a banked rent increase calculation or a banked increase of more than 10%.
  4. To request review of an increase in governmental-utility services that is more than 1% of the tenant’s rent.
  5. To request a reduction in rent based on decreased housing services.
  6. To contest a capital improvement pass through.
  7. To request review of a rent increase when unit has existing health, safety, fire, or building violations.  Id.

Landlords may file a petition for the following reasons:

  1. To request a rent increase in excess of the 5% threshold or to request an increase in excess of 10% percent that is inclusive of banking and/or capital improvement costs to obtain a fair return.
  2. To request a passthrough of capital improvement costs.  Id.

How much time does a tenant have to file a petition with the Rent Review Office under the City of Hayward Residential Rent Stabilization and Tenant Protection Ordinance?

Tenants have thirty days after service of a notice to file a petition for review.  Hayward, Cal. Mun. Code § 12-1.07.   If a tenant’s review of rent petition is based on not receiving the required notice of the unit’s applicability under the ordinance, the tenant has thirty days from the day they knew of the noncompliance to file their petition.  Id.

What happens after a petition is filed with the Rent Review Office under the City of Hayward Residential Rent Stabilization and Tenant Protection Ordinance?

If the petition is accepted, the RRO will notify the parties.  Hayward, Cal. Mun. Code § 12-1.07.  The tenant is required to make a good-faith attempt to meet and confer with the landlord within ten days after filing their petition.  Id.  Meet and confer means that the tenant is required to try to work it out with the landlord before the petition can move forward.  If the parties cannot come to an agreement during that time, they will head to mediation.

A mediator will be assigned and the mediation will take place within thirty days of acceptance of the petition.  Id.  The parties may agree together to waive mediation for a tenant petition and go directly to arbitration.  Id.  Mediation may be unilaterally waived by the landlord when the landlord is the party that filed the petition.  Id.

Mediation is meant to be a non-adversarial process that assists the tenant and landlord in coming to a resolution of a dispute over the rent increase.  The mediator is a neutral (i.e. not on anyone’s side) third-party that will facilitate a discussion between the parties to reach an agreement, which will be a legally enforceable contract.

If the mediator determines that the parties have reached an impasse, the case will be referred to arbitration.  Id.  An arbitrator will be assigned within twenty-one days and the arbitration shall be held no more than thirty days after the assignment.   Id.  Both oral and documentary evidence may be presented, and the parties shall have the right to examine documents, and examine and cross-examine witnesses.  Id.  The arbitrator will then render their binding written decision within twenty days after the hearing.  Id.

Does a tenant have to pay the increased rent amount while their petition is pending with the Rent Review Office under the City of Hayward Residential Rent Stabilization and Tenant Protection Ordinance?

Generally, a tenant may refuse to pay the portion of the rent increase that is in excess of the 5% threshold or refuse to pay the entire increase as long as they have a petition pending with the Rent Review Office.  Hayward, Cal. Mun. Code § 12-1.07.  Before a tenant exercises this right, they should speak to the RRO or a tenant attorney to help them determine if they meet the requirements to withhold rent.


JUST-CAUSE EVICTION PROTECTIONS UNDER THE CITY OF HAYWARD RESIDENTIAL RENT STABILIZATION AND TENANT PROTECTION ORDINANCE

Which units have just-cause for eviction protections under the City of Hayward Residential Rent Stabilization and Tenant Protection Ordinance?

Unless it falls under one of the below exemptions, all rental units in Hayward are covered under the just-cause for eviction section of the ordinance.  Hayward, Cal. Mun. Code § 12-1.13.  

Properties that are not covered under this section of the ordinance are the following:

  1. Owner-occupied units where the owner shares the kitchen or bathroom with the tenant.
  2. Hospitals, extended care facilities, convalescent homes, nonprofit homes for the aged, or dormitories owned and operated by either an educational institution or a private organization.
  3. Motels, hotels, inns, tourist houses, rooming houses, and boarding houses; provided that such accommodations are not occupied by the same tenant for thirty or more continuous days.
  4. Nonprofit co-operatives that are owned, occupied, and controlled by a majority of the residents.
  5. Nonprofit facilities that providing short term treatment, assistance, or therapy for alcohol, drug, or other substance abuse and the housing is provided incident to the recovery program, and where the client has been informed in writing of the temporary or transitional nature of the housing. 
  6. Nonprofit facilities which provide a structured living environment that has the primary purpose of helping homeless persons obtain the skills necessary for independent living in permanent housing if the occupancy is restricted to a limited and specific period of time of not more than 24 months and if the client has been informed in writing of the temporary or transitional nature of the housing at its inception.
  7. Affordable housing acquisitions and rehabilitation development projects that receive a subsidy or funding from a federal, state, or local agency for the purpose of substantially rehabilitating a property and converting the rental units to affordable rental housing.  Id.

If you do not have just-cause eviction protection under the ordinance, you may have protection under state law.

Does my tenancy fall under the State of California Tenant Protection Act of 2019 or the City of Hayward Residential Rent Stabilization and Tenant Protection Ordinance for purposes of just-cause for eviction protections?

The just-cause eviction protections under the State of California Tenant Protection Act of 2019 (“California Rent Control”) apply to all units in the City of Hayward that are not covered by the City of Hayward Residential Rent Stabilization and Tenant Protection Ordinanceand that otherwise meet the requirements of state rent control.  In general, the city’s just-cause protections apply to almost all units in Hayward.  If your unit falls under one of the exemptions of the city’s ordinance, please read our guide to determine if your unit is covered by the State of California Rent Control  just-cause eviction protections.

What are the just-cause reasons for eviction under the City of Hayward Residential Rent Stabilization and Tenant Protection Ordinance?

Landlords may not evict a tenant that resides in a unit covered under this provision of the ordinance unless there is a reason under the law to do so.  Hayward, Cal. Mun. Code § 12-1.13. 

The following are the fifteen just-causes for eviction under the ordinance:

  1. Failure to pay rent;
  2. Breach of the lease;
  3. Willful and substantial damage to the unit;
  4. Refusal to sign a new lease that is materially the same as the original lease;
  5. Nuisance;
  6. Unreasonably preventing landlord’s entry to the unit upon proper written notice;
  7. Temporary eviction for substantial repairs when necessary to bring the unit up to code compliance and the landlord has obtained any necessary and required permits to do so;
  8. Demolition of the unit when landlord has obtained any necessary and required permits to do so;
  9. Owner or relative move-in;
  10. Owner move-in pursuant to lease provision allowing owner to move into the unit;
  11. Tenant is convicted of using the unit for illegal purposes;
  12. Tenant is using the unit to manufacture, distribute, sale, or possession of a controlled substance as defined by California law;
  13. Breach of reasonable written rules and regulations that are applicable to all tenants;
  14. Lawful termination of a tenant’s employment as resident manager; and
  15. Threats by a tenant to commit a crime that could result in death or great bodily harm to another person on the property and a police report of the threat has been made.  Id.

What are the requirements for an owner or relative move-in eviction under the City of Hayward Residential Rent Stabilization and Tenant Protection Ordinance?

A landlord must have good-faith to recover the unit for their own use as their principle place of residence or the principle place of residence for their spouse or domestic partner, their or their spouse’s child, parents, brother, sister, grandparents, or grandchildren.  Hayward, Cal. Mun. Code § 12-1.13.  They must also own at least 51% of the property.  Id.  The landlord will be prohibited from doing an owner move-in eviction if a comparable vacant unit is available in the property.  Id.

Tenants should note that the ordinance is silent on how long the landlord has after the tenant vacates to occupy the property, how long the landlord must live in the unit as their principle place of residence, and whether there are any protections for elderly or disabled tenants.


CITY OF HAYWARD TENANT RELOCATION ASSISTANCE ORDINANCE

When is a tenant entitled to relocation benefits under the City of Hayward Tenant Relocation Assistance Ordinance?

Tenants who are evicted through a no-fault eviction such as an owner move-in, demolition, or temporary eviction to conduct substantial repairs are entitled to relocation benefits.  Hayward, Cal. Mun. Code § 12-2.01.

Are landlords required to notify tenants about the Hayward Tenant Relocation Assistance Ordinance?

Yes.  Landlords are required to notify existing tenants of their rights under the ordinance within thirty days of the effective date and are required to notify all new tenants prior to their tenancy.  Hayward, Cal. Mun. Code § 12-2.13.

What units are exempt from permanent relocation assistance under the City Hayward Tenant Relocation Assistance Ordinance?

Most units in the City of Hayward are covered under the ordinance for purposes of permanent relocation benefits except for the following properties:

  • Hospitals, extended care facilities, convalescent homes, nonprofit homes for the aged, or dormitory owned and operated by either an educational institution or a private organization which offers spaces in rooms for rent in conjunction with the providing of services such as meals, cleaning services, and social programs;
  • Motels, hotels, inns, tourist houses, rooming houses, and boarding houses; provided that such accommodations are not occupied by the same tenant for thirty or more continuous days;
  • Dormitories owned and operated by an institution of higher education or a kindergarten and grades 1 to 12;
  • Owner-occupied units where the tenant shares a bathroom or kitchen with the owner;
  • Owner-occupied single-family homes where the owner rents no more than two rooms or units, including an accessory dwelling unit on the property;
  • Duplexes where the owner has lived in one unit as their principle place of residence since the beginning of the tenancy;
  • Single-family homes and condominiums with owners who are not real estate trusts, LLCs, or corporations; and
  • Buildings built within the last fifteen years.  Hayward, Cal. Mun. Code § 12-2.12.

What units are exempt from temporary relocation assistance under the City Hayward Tenant Relocation Assistance Ordinance?

Most units in the City of Hayward are covered under the ordinance for purposes of temporary relocation benefits except for the following properties:

  • A mobile home or mobile space;
  • Hospitals, extended care facilities, convalescent homes, nonprofit homes for the aged, or dormitories where rooms are offered along with services like meals, cleaning services, or social programs;
  • Motels, hotels, inns, tourist houses, rooming houses, and boarding houses that are not occupied by the same tenant for more than 30 days in a row.  Hayward, Cal. Mun. Code § 12-2.12.

How much are the permanent relocation benefits under the City Hayward Tenant Relocation Assistance Ordinance?

If a tenant must move out permanently due to a no-fault reason such as an owner move-in or demolition, the tenant is entitled to either a payment of one month’s rent or a waiver of the last month’s rent.  Hayward, Cal. Mun. Code § 12-2.03.

When a landlord does not provide relocation assistance for a no-fault eviction, the termination notice becomes void.  Id.

How much are the temporary relocation benefits under the City Hayward Tenant Relocation Assistance Ordinance?

If a tenant must temporary relocate so the landlord can conduct substantial repairs, the tenant household is entitled to a per diem payment.  Hayward, Cal. Mun. Code § 12-2.06.  The per diem rates are the following:

  • $161 per day for a hotel/motel stay
  • $32 per day for meals
  • $1 per day for laundry expenses
  • $31 for cat care and $56 for dog care

Tenants initially have two options for assistance.  Hayward, Cal. Mun. Code § 12-2.04.  Tenants may receive the per diem relocation payments but must keep paying rent, or they may choose to not receive relocation payments but would not be obligated to pay rent.  Id.  A landlord may also offer a comparable unit to the tenant instead of making relocation payments, in which case, the landlord must pay the tenant’s moving costs.  Id.

If repairs have not been completed within 60 days, the tenant must begin receiving the per diem relocation payments and must also resume paying rent.  Id.  When repairs have not been completed within 120 days, the landlord must make rent differential payments to the tenant and the tenant will not have to pay rent, or the tenant may permanently vacate the unit.  Id.  If the tenant vacates the unit, the landlord shall provide the tenant the permanent relocation payment.  Id.


RETALIATION AND HARASSMENT UNDER THE CITY OF HAYWARD RESIDENTIAL RENT STABILIZATION AND TENANT PROTECTION ORDINANCE

Does the City of Hayward Residential Rent Stabilization and Tenant Protection Ordinance protect tenants from harassment by their landlord?

Yes.  The ordinance prohibits landlords from harassing and retaliating against tenants.  Hayward, Cal. Mun. Code § 12-1.12.  A landlord is in violation of the law when they do any of the following in bad-faith:

  1. Interrupt, terminate, or fail to provide housing services required by contract, housing, health, or safety laws, or threaten to do so;
  2. Fail to perform repairs and maintenance or threaten to do so;
  3. Fail to exercise due diligence in completing repairs and maintenance once undertaken or fail to follow appropriate industry repair, containment, or remediation protocols designed to minimize exposure to noise, dust, lead paint, mold, asbestos, or other building materials with potentially harmful health impacts;
  4. Abuse their right of entry into the unit;
  5. Influence or attempt to influence a tenant to vacate a rental unit through fraud, intimidation or coercion, which shall include threatening to report a tenant to U.S. Immigration and Customs Enforcement;
  6. Refuse to accept or acknowledge receipt of a tenant’s rent payment;
  7. Interfere with a tenant’s right of privacy;
  8. Offer payments to a tenant to vacate more than once in six months, after the tenant has notified the landlord in writing the tenant does not want to receive further offers of payments to vacate;
  9. Substantially and directly interfere with a tenant’s right to quiet and enjoyment their rental unit;
  10. Verbally or physically abuse or intimidate; and
  11. Retaliate in any manner against a tenant because of their having exercised a right under the law.  Id.

What units are covered under anti-harassment section of the City of Hayward Residential Rent Stabilization and Tenant Protection Ordinance?

Unless it falls under one of the exemptions below, this section of the ordinance shall apply to all rental units.  Hayward, Cal. Mun. Code § 12-1.12(a). 

This section shall not apply to the following types of units:

  1. Units in a residential property where the owner of record occupies the same property as the tenant as their principal residence and shares the kitchen or bathroom with the tenant; 
  2. Hospitals, extended care facilities, convalescent homes, nonprofit homes for the aged, or dormitories owned and operated by either an educational institution or a private organization;
  3. Motels, hotels, inns, tourist houses, rooming houses, and boarding houses, provided that such accommodations are not occupied by the same tenant for thirty or more continuous days; and
  4. Nonprofit co-operatives that are owned, occupied, and controlled by a majority of the residents.  Id.

DISCRIMINATION AND SOURCE OF INCOME UNDER THE CITY OF HAYWARD RESIDENTIAL RENT STABILIZATION AND TENANT PROTECTION ORDINANCE

Does the City of Hayward Residential Rent Stabilization and Tenant Protection Ordinance protect tenants from discrimination based on their source of income?

Yes.  The ordinance prohibits landlords from doing any of the following based wholly or in part on the tenant or prospective tenant’s source of income: refuse to enter into or renew a rental agreement, interrupt or terminate a tenancy, falsely represent the unit is not available for rent, require additional terms/clauses/conditions/restrictions, restrict a tenant’s access to facilities or services, or refuse to make repairs or improvements.  Hayward, Cal. Mun. Code § 12-1.14.   The ordinance also prohibits rental unit advertisements that discriminate based on a person’s source of income.  Id.

The ordinance defines source of income to include “rent assistance from any federal, state, local, or nonprofit administered benefit or subsidy program, among other sources.”  Id.

What units are protected from source of income discrimination under the City of Hayward Residential Rent Stabilization and Tenant Protection Ordinance?

This section of the ordinance applies to all rental units in the City of Hayward except for units where the property owner or their family member resides in the same building as the tenant and shares a bathroom or kitchen with the tenant.  Hayward, Cal. Mun. Code § 12-1.14.


PENALTIES FOR A LANDLORD WHO VIOLATES THE LAW UNDER THE CITY OF HAYWARD RESIDENTIAL RENT STABILIZATION AND TENANT PROTECTION ORDINANCE

Can a tenant sue their landlord for violation of the City of Hayward’s Residential Rent Stabilization and Tenant Protection Ordinance?

Tenants may bring a lawsuit against their landlord for violating ordinance.  Hayward, Cal. Mun. Code § 12-1.18.  If a landlord demands, accepts, receives, or retains rent from the tenant that they are not entitled to the landlord will be liable for actual damages, and attorney fees and costs.  Id.  If the landlord has been found to have acted willfully or with oppression, fraud, or malice, they shall also be liable for a civil penalty of $500 or, if greater, three times the amount of money the landlord accepted, received, or retained in violation of the provisions of this ordinance.  Id.

Also, a landlord who fails to provide a tenant with any information, documentation, or notice required by the ordinance shall be guilty of an infraction and shall be fined up to a $100 for the first conviction, up to $200 for the second conviction, and up to $500 for the third conviction.  Id.  Should a landlord be convicted of three or more times of violating this provision in a twelve-month period, the landlord will be guilty of a misdemeanor and fined up to $1,000 or imprisoned for six months, or both.  Id.  Additionally, a landlord that does not provide the City with any information, documentation, or notice required by the ordinance will suffer the same consequences of fines and imprisonment.  Id.

Tenants may also sue their landlord for violation of the Tenant Relocation Assistance Ordinance.  Hayward, Cal. Mun. Code § 12-2.10.  A landlord who is found to be in violation will be liable to the tenant for actual damages, costs, and reasonable attorney fees.  Id.  In addition, treble (triple) damages shall be awarded for a landlord’s willful failure to comply with the ordinance.  Id.

Damages for violation of the anti-harassment section of the ordinance may include an award for mental and/or emotional distress and/or suffering, or for minimum damages of $1,000, whichever is greater.  Hayward, Cal. Mun. Code § 12-1.12.  Damages will be trebled (tripled) if a defendant acted in knowing violation of, or in reckless disregard of this provision of the ordinance.  Id.  A landlord will also be held liable for an additional civil penalty of up to $5,000 for each violation of this section committed against a person who is a veteran, disabled, or aged sixty-five or over.  Id.  

Tenants can also sue their landlord for source of income discrimination.  Hayward, Cal. Mun. Code § 12-1.14.  For a violation that occurred during the tenancy, the court shall award the tenant three times the amount of one month’s rent.  Id.  For a violation that occurred prior to the tenancy, the court shall award the tenant three times the amount of one month’s rent that the landlord advertised for the unit at the time of the violation.  Id. The City of Hayward’s Residential Rent Stabilization and Tenant Protection Ordinance can be difficult for a tenant to navigate on their own. Tenants who believe that their landlord has violated the ordinance should contact Tobener Ravenscroft to discuss their options with a tenant rights attorney.


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