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tenantrightslawyer · 2 years

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Relocation Payments for Ventura Tenants Evicted for Demolition or Substantial Remodeling Work

Following the horrendous Casa del Pueblo eviction fiasco, the City of Ventura, also referred to as San Buenaventura, passed an urgency ordinance providing Ventura tenants with just cause for eviction protections for demolition or substantial remodeling evictions in May 2022. Additionally, for these reasons, Ventura tenants are entitled to relocation payments when served with a termination of tenancy notice. Codified at Chapter 8.1100 of the San Buenaventura Municipal Code and officially entitled, “Just Cause Evictions for Demolition and Substantial Remodel to Residential properties,” the Ventura Just Cause for Demolition and Substantial Remodeling Evictions Ordinance provides Ventura tenants with eviction protections, relocation payments, and a private right of action. This critical ordinance provides Ventura tenants with relocation to ease displacement’s disastrous consequences and fight back against landlord abuse.

Is My Unit Covered Under the Ventura Just Cause for Demolition and Substantial Remodeling Evictions Ordinance?

Nearly every Ventura tenant is covered. The Ventura Just Cause for Demolition and Substantial Remodeling Evictions Ordinance protects any dwelling or unit intended for human habitation. San Buenaventura Municipal Code § 8.1100.010. This includes, but is not limited to, single-family homes, apartment complexes, condominium complexes, single room occupancy living spaces, mobile homes, garages, sheds, rooms, and cooperative housing projects. The Ordinance covers Ventura tenants living in any building, regardless of habitability conditions, or lawful status.

Does the Ventura Just Cause for Demolition and Substantial Remodeling Evictions Ordinance Protect Subtenants?

Yes. The Ventura Just Cause for Demolition and Substantial Remodeling Evictions Ordinance protects subtenants. San Buenaventura Municipal Code § 8.1100.010. The ordinance protects any person lawfully occupying a residential rental unit.

Does the Ventura Just Cause cover Property Managers and Other Landlord Agents for Demolition and Substantial Remodeling Evictions Ordinance?

The Ventura Just Cause for Demolition and Substantial Remodeling Evictions Ordinance does not directly apply to property managers and other landlord agents. However, a property manager involved in wrongfully evicting or depriving a Ventura tenant for their rights under the Ventura Just Cause for Demolition and Substantial Remodeling Evictions Ordinance can be held liable for their misconduct. Contact Astanehe Law for more details.

What Type of Evictions Does the Ventura Just Cause for Demolition and Substantial Remodeling Evictions Ordinance Regulate?

Now, Ventura tenants must be served with just cause for eviction where the landlord seeks to recover the rental unit for certain reasons. When seeking to recover possession of a rental unit based on an intent to demolish or substantially remodel the rental unit, Ventura landlords must assert the just cause reason for the eviction in a written termination of tenancy notice, and comply with additional requirements.

Before a landlord may serve a termination of tenancy notice to recover the rental unit from demolishing or substantially remodeling the rental unit, the landlord must obtain all necessary permits for the demolition or substantial remodeling work from the government. San Buenaventura Municipal Code § 8.1100.030.

What is Substantial Remodeling Work?

Under the Ventura Just Cause for Demolition and Substantial Remodeling Evictions Ordinance, substantial remodeling work means:

The replacement or substantial modification of the building or any structural, electrical, plumbing, or mechanical systems requiring a permit from the government; or,

The abatement of hazardous materials, such as lead-based paint, mold, or asbestos, that cannot be performed safely unless the Ventura tenant vacates for at least thirty (30) days. San Buenaventura Municipal Code § 8.1100.010.

Cosmetic improvements alone, such as painting or decorating, or minor repairs, do not qualify as substantial remodeling work. San Buenaventura Municipal Code § 8.1100.010.

What Must Notices to Vacate Served on Ventura Tenants for Demolition or Substantial Remodeling Work State to be Effective?

When serving a termination of tenancy notice under the Ventura Just Cause for Demolition and Substantial Remodeling Evictions Ordinance, the landlord must:

Provide the tenant thirty (30) or sixty (60) days advanced notice;

Assert the just cause reason for terminating the tenancy in writing;

Attach a copy of all permits for the demolition or substantial remodeling work to the termination of tenancy notice;

Describe the scope of the demolition or substantial remodeling work;

State why the demolition or substantial remodeling work cannot be accomplished in a safe manner without evicting the Ventura tenant; and,

Why the demolition or substantial remodeling work requires the Ventura tenant to vacate for at least thirty (30) days. California Civil Code § 1946.2(b)(2)(D); San Buenaventura Municipal Code § 8.1100.030.

Please note that the Ventura Just Cause for Demolition and Substantial Remodeling Evictions Ordinance does not apply to pending termination of tenancy notice issued on or before May 23, 2022. San Buenaventura Municipal Code § 8.1100.030.

What Relocation Assistance Must Landlords Provide Ventura Tenants Displaced Under the Ventura Just Cause for Demolition and Substantial Remodeling Evictions Ordinance?

Under the Ventura Just Cause for Demolition and Substantial Remodeling Evictions Ordinance, Ventura tenants are entitled to relocation assistance when displaced due to demolition or substantial remodeling work. San Buenaventura Municipal Code § 8.1100.030(C). Specifically, Ventura tenants are entitled to relocation assistance in an amount equal to two (2) months’ rent when the landlord serves the termination of tenancy notice.

Alternatively, the landlord may waive the last two months’ rent in lieu of paying relocation assistance. San Buenaventura Municipal Code § 8.1100.030(C).

Who is Responsible for Paying Ventura Tenant Relocation Payments Under the Ventura Just Cause for Demolition and Substantial Remodeling Evictions Ordinance?

As specified above, landlords are responsible for paying relocation payments to Ventura tenants displaced from their homes or rooms due to demolition or substantial remodeling work. San Buenaventura Municipal Code § 8.1100.030(C).

Does the Ventura Just Cause for Demolition and Substantial Remodeling Evictions Ordinance Provide A Deadline for Paying Relocation Payments to Ventura Tenants?

Yes. The Ventura Just Cause for Demolition and Substantial Remodeling Evictions Ordinance contains deadlines to provide relocation payments to Ventura tenants. Ventura tenants must receive the relocation assistance payment within fifteen (15) calendar days of receiving the termination of tenancy notice. San Buenaventura Municipal Code § 8.1100.030(C).

Must A Ventura Tenant Vacate Their Home When the Landlord Fails to Pay Relocation Payments?

Generally, a Ventura tenant is not required to leave their home when the landlord fails to pay relocation payments required under the Ventura Just Cause for Demolition and Substantial Remodeling Evictions Ordinance.

How Are Ventura Tenants Fighting Back Against Landlord Abuse of the Ventura Just Cause for Demolition and Substantial Remodeling Evictions Ordinance?

Ventura tenants facing retaliation, harassment, or a denial of their rights relating to the Ventura Just Cause for Demolition and Substantial Remodeling Evictions Ordinance have several options for fighting back.

Ventura tenants may complain to the following entities serving Ventura:

Ventura Community Development Department by phone or online;

Ventura City Attorney’s office by email or by phone;

Legal Aid of Ventura by phone; or,

CLRA Oxnard by phone.

Additionally, Ventura tenants may file a lawsuit against a landlord that does not comply with the Ventura Just Cause for Demolition and Substantial Remodeling Evictions Ordinance or where the Ventura tenant faces retaliation for exercising any rights afforded under the Ordinance. San Buenaventura Municipal Code § 8.1100.050. In court, Ventura tenants may recover a civil penalty of up to $15,000.00 and their attorney fees and costs for a landlord’s intentional violation of the Ventura Just Cause for Demolition and Substantial Remodeling Evictions Ordinance.

To discuss your rights under the Ventura Just Cause for Demolition and Substantial Remodeling Evictions Ordinance, your rights as a Ventura tenant, California Rent Control (AB 1482), contact Astanehe Law, including by phone or email to speak with a tenant attorney.

#ventura #ventura county #ventura tenant #tenant #california #tenantlaw #tenantrights #tenants #tenantsrights #eviction #landlordtenantlaw #astanehelaw #tenant rights

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tenantrightslawyer · 2 years

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The Concord Residential Tenant Anti-Harassment Protection Ordinance

In June 2022, the City of Concord passed the Concord Residential Tenant Anti-Harassment Protection Ordinance (“Concord Tenant Anti-Harassment Ordinance”), which protects Concord residential tenants from harassment perpetrated by unscrupulous landlords, property managers, or other representatives in bad faith. By protecting all residential tenancies in Concord, and empowering tenants with a private right of action, the Concord Tenant Anti-Harassment Ordinance is a powerful law protecting tenants throughout the City of Concord. This article provides a concise overview of the Concord Tenant Anti-Harassment Ordinance. For more information or to discuss available options when facing landlord harassment, please contact Astanehe Law by phone or email.

Is My Rental Unit Covered Under the Concord Tenant Anti-Harassment Ordinance?

The Concord Tenant Anti-Harassment Ordinance covers every Concord tenant. Concord Municipal Code § 19.50.010. This includes authorized Concord tenants residing in unlawful units, single-family homes, and any “building, structure, …. Or held out for use by a tenant…” Id. If the individual rents a unit in the City of Concord, the Concord Tenant Anti-Harassment Ordinance provides protection.

Does the Concord Tenant Anti-Harassment Ordinance Protect Subtenants?

Yes, the Concord Tenant Anti-Harassment Ordinance protects subtenants. Concord Municipal Code §19.50.010. The Concord Tenant Anti-Harassment Ordinance explicitly protects subtenants. In fact, the Concord Tenant Anti-Harassment Ordinance protects any person entitled to use or occupy the rental unit, such as a disabled adult who does not pay rent to reside in a rental unit with their family member.

Does Your Property Manager Also Have to Abide by the Concord Tenant Anti-Harassment Ordinance?

Yes, the Concord Tenant Anti-Harassment Ordinance applies to landlords, landlord agents, property managers, and representatives. Concord Municipal Code § 19.50.010. Additionally, any person or entity that has the right to offer the property for rent must follow the Concord Tenant Anti-Harassment Ordinance.

What Types of Harassment Does the Concord Tenant Anti-Harassment Ordinance Prohibit?

The Concord Tenant Anti-Harassment Ordinance prohibits bad faith harassing conduct. Under the Concord Tenant Anti-Harassment Ordinance, the following actions constitute unlawful landlord harassment, which Concord landlords must not engage in:

Conducting elective rental unit renovation or construction work [insert];

Interrupting or terminating, directly or indirectly, any utility service, such as water, heat, light, electricity, gas, telephone, elevator, or refrigeration;

Willfully violating or threatening to violate Civil Code section 789.3, which prohibits a landlord from terminating or interrupting a tenancy by changing the locks or removing utilities;

Terminating, interrupting, or failing to provide housing services required by a rental agreement, absent a local health or safety emergency, or not completing maintenance, repairs, or renovations. This includes charging Concord tenants for housing services in violation of law, or charging Concord tenants for housing services not previously charged under their rental agreements;

Requiring a Concord tenant to sign a written lease renewal with new material terms, except for any changes authorized by state law, including but not limited to Civil Code section 1946.2(f), 1947.5, or 1947.12;

Failing to exercise due diligence in completing repairs once undertaken;

Failing to timely comply with any notice and order to correct violations issued by the City of Concord;

Violating the warranty of habitability provided under California Civil Code sections 1941 and 1941.1;

Violating the habitability standards and Health and Safety Code sections 17920.3 and 17920.10;

Abusing the right of access as provided under California Civil Code section 1954;

Forced vacation, including:

Influencing or attempting to influence a Concord tenant to vacate their rental unit through fraud, misrepresentation, intimidation, or coercion, including threatening report a Concord tenant or other person known to associate with the tenant to the United States Department of Homeland Security, or otherwise violate Civil Code sections 1940.2 or 1940.35;

Removing a housing service for the purpose of causing the tenant to vacate the rental unit;

Discriminating against a tenant based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information in violation of the California Fair Employment & Housing Act (“FEHA”), based on sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status in violation of the Unruh Civil Rights Act, in violation of the Fair Housing Act, or in violation of any other applicable law;

By making misrepresentations, including:

Misrepresentation to a Concord tenant that they are required to vacate a rental unit or otherwise entice a tenant to vacate a rental unit through misrepresentations or concealment of material facts;

Providing materially false written or verbal information regarding applicable tenant laws, including deliberate mischaracterization of the nature of or effect of a notice to quit or other eviction notice. This also includes violating California Civil Code section 1632, requiring certain rental agreements to be translated, or demanding a Concord tenant enter into a rent repayment plan to take advantage of tenant protection laws that do not require such plans;

Take action to terminate a tenancy, including serving a notice to quit or other eviction notice or bringing an eviction lawsuit based upon facts which the landlord has no reasonable cause to believe to be true or upon a legal theory which is untenable under the facts known to the landlord. However, the Concord tenant must obtain a favorable termination of any pending eviction action before bringing suit on this ground;

Refusing to acknowledge or accept receipt of a Concord tenant’s lawful rent payment as specified in the lease, determined by the parties’ usual practice, in a notice to pay rent or quit, or otherwise in violation of California Civil Code section 1499;

Refusing to cash or process a full rent payment, as provided for in the rental agreement, or for other thirty (30) days after the Concord tenant tenders the rent payment;

Failing to maintain a current address enabling the Concord tenant to pay rent;

Failing to provide the Concord tenant a receipt for rent or other payments in violation of California Civil Code section 1499 and California Code of Civil Procedure section 2075;

Failing to allow a tenant to pay rent and a security deposit by at least one form of payment that is neither cash nor electronic funds transfer, except where otherwise permitted by California Civil Code section 1947.3(a)(2);

Where the landlord violates the Concord tenant’s right to privacy, including:

Requesting information regarding residence or citizenship status, protected class status, or Social Security numbers (except, in the case of a SSN, when required by law), or refusing to accept equivalent alternatives to such information or documentation that does not concern immigration or citizenship status, such as an Individual Taxpayer Identification Number (“ITIN”);

Releasing such information except as required or authorized by law or in violation of applicable law;

Requesting information regarding a tenant’s relationship status in violation of law;

Interfering with Concord tenants’ rights to form, organize, or convene tenant unions and tenant organizations, contact other tenants regarding their tenants’ rights, including their organizing and tenant union activity rights, distribute and post this information at the rental property, exercise their right;

Communicating with a tenant in a language other than English or the tenant’s primary language for the purpose of intimidating, confusing, deceiving, annoying, seriously alarming, or harassing the Concord tenant;

Communicating with a tenant via text message after the Concord tenant informs the landlord in writing (not via a text message) that the tenant objects to communications via text message;

Engaging in other repeated acts or omissions of such significance as to substantially interfere with or disturb the comfort, repose, peace or quiet of any person lawfully entitled to occupancy of such rental unit and that cause, are likely to cause, or are intended to cause any person lawfully entitled to occupancy of a rental unit to vacate such rental unit or to surrender or waive any rights in relation to such occupancy; or,

Securing any modification or wavier of any provision of the Concord Tenant Anti-Harassment Ordinance. Concord Municipal Code § 19.50.020.

How Can a Landlord Abuse the Right to Access a Concord Rental Unit?

As stated above, a landlord’s abusing their right to access a rental unit, as permitted under California Civil Code section 1954, is a form of harassment protected by the Concord Tenant Anti-Harassment Ordinance. Concord Municipal Code § 19.50.020. Examples of prohibited landlord entry and related harassing conduct include, but are not limited to:

Entry for inspections not provided for by law or entries unrelated to necessary repairs or services;

Entry or demands for entry at times outside normal business hours except as requested by the tenant or otherwise permitted by California Civil Code section 1954;

Entry contrary to the tenant’s reasonable request to change the date or time of entry, provided the tenant makes such request twelve (12) hours from the delivery of the notice of entry if the owner has hired a third-party to perform necessary repairs or services;

Where the landlord has not notified the Concord tenant in writing within 120 days of the oral notice that the property is for sale and informing the Concord tenant they may be contacted for an inspection, entry to show the Concord tenant’s rental unit to a prospective or actual purchaser;

Photographing or otherwise recording portions of the Concord tenant’s rental unit that are beyond the scope of a lawful entry or inspection as stated in the twenty-four (24) hour notice of entry previously served on the Concord tenant;

Misrepresenting the reasons for accessing the Concord tenant’s rental unit, as stated on the twenty-four (24) hour notice of entry;

Entry failing to provide the approximate time window for the entry or where the landlord provides a time window that is unreasonably excessive in time;

Failing to immediately notify the Concord tenant that entry into their unit for which notice had been given is cancelled; or,

An excessive number of entries with respect to the reasons stated on the twenty-four (24) hour notice of entry. Id.

May Landlords Retaliate Against Concord Tenants for Exercising Rights Under the Concord Tenant Anti-Harassment Ordinance?

No, landlords may not retaliate against Concord tenants for exercising rights under the Concord Tenant Anti-Harassment Ordinance. Concord Municipal Code § 19.50.030. Unlawful retaliatory conduct includes, but is not limited to, increasing the Concord tenant’s rent, reducing housing services, causing the Concord tenant to vacate their home, or discriminating against the Concord tenant because of the Concord tenant’s exercising rights or remedies afforded under the Concord Tenant Anti-Harassment Ordinance. Id.

How May Concord Tenants Curtail Landlord Violations of the Concord Tenant Anti-Harassment Ordinance?

Concord tenants have numerous options at their disposal when faced with persistent landlord harassment. These range from simply demanding that the landlord cease the harassing conduct to taking the drastic act of filing a lawsuit against a serial harasser. Regardless of the method utilized, Concord tenants equipped with sufficient evidence will likely prevail against their landlord’s harassment.

First, the Concord tenant can demand the landlord stop the unlawful harassing conduct, preferably in writing. Concord tenants electing to send a physical letter should consider sending the mail with tracking and also retain a copy of the letter. If the landlord does not cease harassing the concord tenant after receipt of the letter, the Concord tenant should consider another option.

The Concord tenant may also maintain a detailed log recounting every instance of landlord harassment. Although no set template exists, Concord tenants can, in addition to a concise description of the harassment, include the date, time, and location of the harassment. It is also helpful to include the name of all witnesses present that observed each instance of the landlord’s harassment.

Thirdly, Concord tenants may also file a complaint with the City of Concord. When filing a complaint to the City of Concord, the City requests copies of any supporting documentation. The City of Concord initiate in investigation into the matter. Complaints may be filed online by clicking here or calling the Concord City Attorney’s Office at (925) 671-3160. Please be advised that the City of Concord City Attorney’s does not represent tenants. Instead, the City Attorney acts as a neutral enforcer of the law that investigates complaints and enforces the Concord Tenant Anti-Harassment Ordinance.

Where the harassment pertains to a landlord’s failure to initiate or complete adequate repairs, the Concord tenant should also obtain a Notice of Violation for every habitability issue from the City of Concord Code Enforcement Division. To schedule an inspection, call (925) 671-3075

Under the Concord Tenant Anti-Harassment Ordinance, Concord Tenants Can Sue Harassing Landlords for Money Damages

Concord tenants facing pervasive landlord harassment substantially interfering with or disturbing their tenancy have the right to bring a landlord harassment claim in court. The Concord Tenant Anti-Harassment Ordinance contains a private right of action empowering Concord tenants facing landlord harassment to file a lawsuit in the California Superior Court. Concord Municipal Code § 19.50.040. Under the Concord Tenant Anti-Harassment Ordinance, a prevailing tenant facing landlord harassment may recover injunctive relief, actual damage, statutory damages, and money damages. Concord Municipal Code § 19.50.040. The Concord Tenant Anti-Harassment Ordinance also includes a civil penalty of at least two thousand dollars ($2,000.00) and no more than five thousand dollars ($5,000.00), per violation. Id. Concord tenants suffering landlord harassment that are sixty-five (65) and older or disabled may recover an additional enhanced penalty of five thousand dollars ($5,000.00) for each violation. Id. The Court also has discretion to triple a Concord tenant’s actual damages, including out-of-pocket costs and emotional distress damages. Punitive damages are also recoverable. Id. However, the court may not award both triple damages and punitive damages. It may only award one of the two categories of damages. Additionally, the Concord Tenant Anti-Harassment Ordinance provides for a prevailing tenant facing landlord harassment to recover their reasonable attorney fees and court costs. Id.

As stated above, Concord tenants facing landlord harassment may also obtain an injunction, which is a court order commanding the landlord to refrain from engaging in landlord harassment, against the landlord.

Please note that Concord tenants may recover these damages penalties on top of other remedies, penalties, and punitive damages recoverable by law. Id.

To discuss the Concord Tenant Anti-Harassment Ordinance, the Concord Rent Ordinance, or California Rent Control (AB 1482), contact Astanehe Law to speak with a tenant attorney.

#Concord #tenants rights #tenant #california #tenantlaw #tenantrights #tenants #eviction #tenantsrights #landlordtenantlaw #astanehelaw #tenant rights

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tenantrightslawyer · 2 years

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Sunol Tenants: Sue Your Landlord for Retaliation & Unlawful Rent Increases

Sunol tenants are protected from retaliation for asserting their rights under the law. At the state level, the California Tenant Protection Act of 2019 protects Sunol tenants in covered units from evictions without just cause or drastic rent increases. Locally, the Alameda County Code of Ordinances protects Sunol tenants not covered by the California Tenant Protection Act of 2019 from retaliation and drastic rent increases, potentially. Sunol tenants facing unlawful rent increases, wrongful eviction, or retaliation for asserting their rights under the law may have a claim for money damages. Contact Astanehe Law for more information.

What Laws Protect Sunol Tenants?

The five primary laws protecting Sunol tenants are:

The California Tenant Protection Act of 2019 limits rent increases to five percent (5%) plus inflation and requires just cause for evictions for covered units;

The Alameda County Code of Ordinances Mandatory Notification of Rent Mediation Services Ordinance provides mediation and review of significant rent increases and prohibits retaliatory evictions;

The Alameda County Code of Ordinance Prohibiting Discrimination on the Basis of AIDs prohibits tenant discrimination due to AIDs;

The Fair Employment & Housing Act prohibits tenant discrimination; and,

The Unruh Civil Rights Act ensures all Californians receive equal treatment when applying for and renting housing.

Although other laws may protect Sunol tenants, these are the most common laws protecting Sunol tenants. This article is concerned with the Alameda County Mandatory Notification of Rent Mediation Services Ordinance.

What Tenant Laws Protect My Sunol Rental Unit?

Sunol tenants are covered by the California Tenant Protection Act of 2019 where they:

Reside in a building that is at least fifteen (15) years old;

Reside in their rental unit for at least a year, except where a new adult tenant moves into the unit, then all of the tenants must reside in the unit for a year or, at least once of the Sunol tenants must have lived at the property for at least two (2) years; and,

Not reside in a unit exempted from the law.

Click here to read more about the California Tenant Protection Act of 2019.

Sunol tenants are covered under the Alameda County Mandatory Notification of Rent Mediation Services Ordinance where:

The Sunol tenant resides in a rental unit located in unincorporated Alameda County (Since Sunol is an unincorporated census-designated place, it is covered); and,

The rental unit is part of a property with at least three (3) units, including mobile homes where the tenant rents the mobile housing unit. Alameda County Code of Ordinances § 3.68.020.

The Alameda County Ordinance Prohibiting Discrimination on the Basis of AIDs protects any Sunol tenant or applicant with, or suspected, perceived, at risk of having AIDs or any person who is believed to associate with persons who have AIDs. Alameda County Code of Ordinances § 6.24.020.

The Fair Employment & Housing Act and Unruh Civil Rights Act cover all Sunol tenants.

How Does the Alameda County Mandatory Notification of Rent Mediation Services Ordinance Protect Sunol Tenants?

The Alameda County Mandatory Notification of Rent Mediation Services Ordinance protects Sunol tenants by providing rent review and mediation services, prohibiting retaliatory evictions, and mandating landlords provide notice to Sunol tenants when increasing rent.

Under What Circumstances May A Sunol Tenant Request Rent Review or Mediation of a Proposed Rent Increase?

The Alameda County Mandatory Notification of Rent Mediation Services Ordinance protects Sunol tenants by providing mediation and rent review of drastic rent increases. Alameda County Code of Ordinances § 3.68.060.

Sunol tenants may seek rent review or mediation for proposed rent increases where their landlord:

Serves a rent increase notice increasing the rent by more than ten percent (10%);

Increases the rent by an amount greater than seventy-five dollars ($75.00) per month; or,

Serves a rent increase notice within twelve (12) months of a previous rent increase.

What is Rent Review?

Rent review consists of a rent review officer reviewing the Sunol tenant’s rent increase to determine its validity. Alameda County Code of Ordinances § 3.68.070. Any proposed rent increase that violates the Alameda County Mandatory Notification of Rent Mediation Services Ordinance shall be void. Alameda County Code of Ordinances § 3.68.110. The Sunol tenant may permit the rent review officer to contact the landlord to discuss the proposed rent increase.

What is Rent Mediation?

Rent mediation is a voluntary, non-binding, and interactive process where Sunol tenants and their landlords can discuss a proposed rent increase facilitated by a neutral third person, called a rent review officer. Rent mediation may occur telephonically or in person. Alameda County Code of Ordinances § 3.68.020. With the mediator’s aid, the process encourages Sunol tenants and landlords to come to mutually satisfactory accommodations.

The rent review officer must allow the Sunol tenant and the landlord to explain their respective positions during the mediation. Alameda County Code of Ordinances § 3.68.080. The rent review officer will consider relevant factors and may use them to recommend the parties regarding the resolution of the dispute. If the parties agree with the recommendation, they may formalize the agreement with a signed contract. Only the Sunol tenant and their landlord are parties to the agreement. The government and the rent review officer will not sign the agreement.

Relevant factors to consider at mediation include, but are not limited to:

Hardship to the Sunol tenant regarding the rent increase;

The frequency and amount of prior rent increases imposed on the Sunol tenant;

The landlord’s mortgage payments; and,

Other costs associated with owning and maintaining the property. Alameda County Code of Ordinances § 3.68.080.

Please note that, under the Alameda County Mandatory Notification of Rent Mediation Services Ordinance, the rent review officer’s proposed recommendation is nonbinding, except when mutually agreed upon by the Sunol tenant and the landlord. Alameda County Code of Ordinances § 3.68.120.

What Happens if a Landlord Violates a Rent Mediation Contract?

Where a landlord violates a signed contract agreed to at rent mediation, the Sunol tenant may bring a lawsuit for breach of contract and, possibly, other claims such as retaliation. Alameda County Code of Ordinances § 3.68.100.

Click here to request mediation under the Alameda County Mandatory Notification of Rent Mediation Services Ordinance by phone.

Click here to request mediation under the Alameda County Mandatory Notification of Rent Mediation Services Ordinance via email.

How Long May The County of Alameda Wait Before Responding to a Sunol Tenant’s Rent Review or Mediation Request?

Under the Alameda County Mandatory Notification of Rent Mediation Services Ordinance, the County of Alameda must respond to a rent review request, “in an expeditious manner.” Alameda County Code of Ordinances § 3.68.060.

How May A Sunol Tenant Request Rent Review or Mediation Services?

To request rent review, Sunol tenants may submit the request via email or by phone.

What Notices Must Landlords Provide Sunol Tenants Under the Alameda County Mandatory Notification of Rent Mediation Services Ordinance?

When increasing rent in Sunol, Sunol tenants must not only receive written notice pursuant to Civil Code section 827, but must also simultaneously receive a notice of the availability of voluntary rent review and mediation services. Alameda County Code of Ordinances § 3.68.040.

The text of the notice must state as follows:

NOTICE: Under Civil Code Section 827(b), a landlord must provide a tenant with thirty (30) days’ notice prior to a rent increase of ten percent (10%) or less and sixty (60) days’ notice of a rent increase of greater than ten percent (10%). Under Chapter 3.68 of Title 3 of Alameda County General Ordinance Code, a landlord of any rental unit on a property with three or more housing units must at the same time provide this notice of the county’s rent review and mediation program before demanding or accepting any increase in rent.You are encouraged to contact the owner or manager of your rental unit to discuss a rent increase as soon as possible. However, you may also request services under the Alameda County rent review and mediation program. Rent review services are available for any rent increase. You may also be eligible for voluntary rent mediation services if you have received notice of a rent increase that (1) will increase your rent more than ten percent (10%) above the rent you paid last month, (2) is greater than seventy-five dollars ($75.00) per month, or (3) follows one or more prior rent increases within the past twelve (12) months.Request for rent review or mediation services may be made in writing or by telephone. If you request mediation of the rent increase, you and your landlord may be requested to meet with a rent review officer for a hearing on your rent dispute. After hearing from you and your landlord, the rent review officer may make a nonbinding recommendation for resolution of the rent dispute. To request review or mediation of your rent increase, please contact the Rent Review Program, 224 W. Winton Ave., Room 108, Hayward, CA 94544 or by calling (510) 670- 6682 and requesting rent review or mediation services.Under Civil Code Section 1942.5, it is illegal for a landlord to retaliate against a tenant for lawfully and peaceably exercising his or her legal rights.

Alameda County Code of Ordinances § 3.68.040. Any rent increase served on a Sunol tenant lacking this notice is invalid.

How Are Sunol Tenants Fighting Back Against Landlord Retaliation & Harassment?

Some landlords may retaliate or harass Sunol tenants for refusing to pay an unlawful rent increase, requesting rent mediation, or asserting any other right provided under the Alameda County Mandatory Notification of Rent Mediation Services Ordinance. Any landlord that ignores the Alameda County Mandatory Notification of Rent Mediation Services Ordinance by filing an eviction lawsuit to collect unlawful rent is guilty of a retaliatory eviction. Alameda County Code of Ordinances § 3.68.100. Any landlord violation of the Alameda County Mandatory Notification of Rent Mediation Services Ordinance operates as a complete defense to the eviction lawsuit. Alameda County Code of Ordinances § 3.68.110. Further, the Sunol tenant can recover all unlawfully collected rent from the landlord by filing a lawsuit against their landlord. Sunol tenants may have additional claims for retaliation, harassment, and wrongful eviction depending on their unique circumstances.

To discuss Sunol tenant protections, the Alameda County Mandatory Notification of Rent Mediation Services Ordinance, or California Rent Control (AB1482), contact Astanehe Law, including by phone or email, to speak with a tenant attorney.

#Sunol #Sunol Ca #Sunol tenant #SUnoltenant #Sunol Tenants #SunolTenants #California #tenant rights #tenantsrights #tenant #tenantlaw #california #tenantrights #tenants #eviction #landlordtenantlaw #astanehelaw #landlordtenantlawyer

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tenantrightslawyer · 2 years

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Cherryland Tenants: Sue Your Landlord for Retaliation & Unlawful Rent Increases

Cherryland tenants are protected from retaliation for asserting their rights under the law. At the state level, the California Tenant Protection Act of 2019 protects Cherryland tenants in covered units from evictions without just cause or drastic rent increases. Locally, the Alameda County Code of Ordinances protects Cherryland tenants not covered by the California Tenant Protection Act of 2019 from retaliation and drastic rent increases, potentially. Cherryland tenants facing unlawful rent increases, wrongful eviction, or retaliation for asserting their rights under the law may have a claim for money damages. Contact Astanehe Law for more information.

What Laws Protect Cherryland Tenants?

The five primary laws protecting Cherryland tenants are:

The California Tenant Protection Act of 2019 limits rent increases to five percent (5%) plus inflation and requires just cause for evictions for covered units;

The Alameda County Code of Ordinances Mandatory Notification of Rent Mediation Services Ordinance provides mediation and review of significant rent increases and prohibits retaliatory evictions;

The Alameda County Code of Ordinance Prohibiting Discrimination on the Basis of AIDs prohibits tenant discrimination due to AIDs;

The Fair Employment & Housing Act prohibits tenant discrimination; and,

The Unruh Civil Rights Act ensures all Californians receive equal treatment when applying for and renting housing.

Although other laws may protect Cherryland tenants, these are the most common laws protecting Cherryland tenants. This article is concerned with the Alameda County Mandatory Notification of Rent Mediation Services Ordinance.

What Tenant Laws Protect My Cherryland Rental Unit?

Cherryland tenants are covered by the California Tenant Protection Act of 2019 where they:

Reside in a building that is at least fifteen (15) years old;

Reside in their rental unit for at least a year, except where a new adult tenant moves into the unit, then all of the tenants must reside in the unit for a year or, at least once of the Cherryland tenants must have lived at the property for at least two (2) years; and,

Not reside in a unit exempted from the law.

Click here to read more about the California Tenant Protection Act of 2019.

Cherryland tenants are covered under the Alameda County Mandatory Notification of Rent Mediation Services Ordinance where:

The Cherryland tenant resides in a rental unit located in unincorporated Alameda County (Since Cherryland is an unincorporated census-designated place, it is covered); and,

The rental unit is part of a property with at least three (3) units, including mobile homes where the tenant rents the mobile housing unit. Alameda County Code of Ordinances § 3.68.020.

The Alameda County Ordinance Prohibiting Discrimination on the Basis of AIDs protects any Cherryland tenant or applicant with, or suspected, perceived, at risk of having AIDs or any person who is believed to associate with persons who have AIDs. Alameda County Code of Ordinances § 6.24.020.

The Fair Employment & Housing Act and Unruh Civil Rights Act cover all Cherryland tenants.

How Does the Alameda County Mandatory Notification of Rent Mediation Services Ordinance Protect Cherryland Tenants?

The Alameda County Mandatory Notification of Rent Mediation Services Ordinance protects Cherryland tenants by providing rent review and mediation services, prohibiting retaliatory evictions, and mandating landlords provide notice to Cherryland tenants when increasing rent.

Under What Circumstances May A Cherryland Tenant Request Rent Review or Mediation of a Proposed Rent Increase?

The Alameda County Mandatory Notification of Rent Mediation Services Ordinance protects Cherryland tenants by providing mediation and rent review of drastic rent increases. Alameda County Code of Ordinances § 3.68.060.

Cherryland tenants may seek rent review or mediation for proposed rent increases where their landlord:

Serves a rent increase notice increasing the rent by more than ten percent (10%);

Increases the rent by an amount greater than seventy-five dollars ($75.00) per month; or,

Serves a rent increase notice within twelve (12) months of a previous rent increase.

What is Rent Review?

Rent review consists of a rent review officer reviewing the Cherryland tenant’s rent increase to determine its validity. Alameda County Code of Ordinances § 3.68.070. Any proposed rent increase that violates the Alameda County Mandatory Notification of Rent Mediation Services Ordinance shall be void. Alameda County Code of Ordinances § 3.68.110. The Cherryland tenant may permit the rent review officer to contact the landlord to discuss the proposed rent increase.

What is Rent Mediation?

Rent mediation is a voluntary, non-binding, and interactive process where Cherryland tenants and their landlords can discuss a proposed rent increase facilitated by a neutral third person, called a rent review officer. Rent mediation may occur telephonically or in person. Alameda County Code of Ordinances § 3.68.020. With the mediator’s aid, the process encourages Cherryland tenants and landlords to come to mutually satisfactory accommodations.

The rent review officer must allow the Cherryland tenant and the landlord to explain their respective positions during the mediation. Alameda County Code of Ordinances § 3.68.080. The rent review officer will consider relevant factors and may use them to recommend the parties regarding the resolution of the dispute. If the parties agree with the recommendation, they may formalize the agreement with a signed contract. Only the Cherryland tenant and their landlord are parties to the agreement. The government and the rent review officer will not sign the agreement.

Relevant factors to consider at mediation include, but are not limited to:

Hardship to the Cherryland tenant regarding the rent increase;

The frequency and amount of prior rent increases imposed on the Cherryland tenant;

The landlord’s mortgage payments; and,

Other costs associated with owning and maintaining the property. Alameda County Code of Ordinances § 3.68.080.

Please note that, under the Alameda County Mandatory Notification of Rent Mediation Services Ordinance, the rent review officer’s proposed recommendation is nonbinding, except when mutually agreed upon by the Cherryland tenant and the landlord. Alameda County Code of Ordinances § 3.68.120.

What Happens if a Landlord Violates a Rent Mediation Contract?

Where a landlord violates a signed contract agreed to at rent mediation, the Cherryland tenant may bring a lawsuit for breach of contract and, possibly, other claims such as retaliation. Alameda County Code of Ordinances § 3.68.100.

Click here to request mediation under the Alameda County Mandatory Notification of Rent Mediation Services Ordinance by phone.

Click here to request mediation under the Alameda County Mandatory Notification of Rent Mediation Services Ordinance via email.

How Long May The County of Alameda Wait Before Responding to a Cherryland Tenant’s Rent Review or Mediation Request?

How May A Cherryland Tenant Request Rent Review or Mediation Services?

To request rent review, Cherryland tenants may submit the request via email or by phone.

What Notices Must Landlords Provide Cherryland Tenants Under the Alameda County Mandatory Notification of Rent Mediation Services Ordinance?

When increasing rent in Cherryland, Cherryland tenants must not only receive written notice pursuant to Civil Code section 827, but must also simultaneously receive a notice of the availability of voluntary rent review and mediation services. Alameda County Code of Ordinances § 3.68.040.

The text of the notice must state as follows:

Alameda County Code of Ordinances § 3.68.040. Any rent increase served on a Cherryland tenant lacking this notice is invalid.

How Are Cherryland Tenants Fighting Back Against Landlord Retaliation & Harassment?

Some landlords may retaliate or harass Cherryland tenants for refusing to pay an unlawful rent increase, requesting rent mediation, or asserting any other right provided under the Alameda County Mandatory Notification of Rent Mediation Services Ordinance. Any landlord that ignores the Alameda County Mandatory Notification of Rent Mediation Services Ordinance by filing an eviction lawsuit to collect unlawful rent is guilty of a retaliatory eviction. Alameda County Code of Ordinances § 3.68.100. Any landlord violation of the Alameda County Mandatory Notification of Rent Mediation Services Ordinance operates as a complete defense to the eviction lawsuit. Alameda County Code of Ordinance § 3.68.110. Further, the Cherryland tenant can recover all unlawfully collected rent from the landlord by filing a lawsuit against their landlord. Cherryland tenants may have additional claims for retaliation, harassment, and wrongful eviction depending on their unique circumstances.

To discuss Cherryland tenant protections, the Alameda County Mandatory Notification of Rent Mediation Services Ordinance, or California Rent Control (AB1482), contact Astanehe Law, including by phone or email, to speak with a tenant attorney.

#Cherryland #Cherryland tenant #Cherryland tenants #tenant #tenant rights #tenants rights #tenantlaw #california #tenantrights #tenants #tenantsrights #eviction #landlordtenantlaw #astanehelaw #unlawful rent increase #eden #Alameda county #alameda

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tenantrightslawyer · 2 years

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Ashland Tenants: Sue Your Landlord for Retaliation & Unlawful Rent Increases

Ashland tenants are protected from retaliation for asserting their rights under the law. At the state level, the California Tenant Protection Act of 2019 protects Ashland tenants in covered units from evictions without just cause or drastic rent increases. Locally, the Alameda County Code of Ordinances protects Ashland tenants not covered by the California Tenant Protection Act of 2019 from retaliation and drastic rent increases, potentially. Ashland tenants facing unlawful rent increases, wrongful eviction, or retaliation for asserting their rights under the law may have a claim for money damages. Contact Astanehe Law for more information.

What Laws Protect Ashland Tenants?

The five primary laws protecting Ashland tenants are:

The California Tenant Protection Act of 2019 limits rent increases to five percent (5%) plus inflation and requires just cause for evictions for covered units;

The Alameda County Code of Ordinances Mandatory Notification of Rent Mediation Services Ordinance provides mediation and review of significant rent increases and prohibits retaliatory evictions;

The Alameda County Code of Ordinance Prohibiting Discrimination on the Basis of AIDs prohibits tenant discrimination due to AIDs;

The Fair Employment & Housing Act prohibits tenant discrimination; and,

The Unruh Civil Rights Act ensures all Californians receive equal treatment when applying for and renting housing.

Although other laws may protect Ashland tenants, these are the most common laws protecting Ashland tenants. This article is concerned with the Alameda County Mandatory Notification of Rent Mediation Services Ordinance.

What Tenant Laws Protect My Ashland Rental Unit?

Ashland tenants are covered by the California Tenant Protection Act of 2019where they:

Reside in a building that is at least fifteen (15) years old;

Reside in their rental unit for at least a year, except where a new adult tenant moves into the unit, then all of the tenants must reside in the unit for a year or, at least once of the Ashland tenants must have lived at the property for at least two (2) years; and,

Not reside in a unit exempted from the law.

Click here to read more about the California Tenant Protection Act of 2019.

Ashland tenants are covered under the Alameda County Mandatory Notification of Rent Mediation Services Ordinance where:

The Ashland tenant resides in a rental unit located in unincorporated Alameda County (Since Ashland is an unincorporated census-designated place, it is covered); and,

The rental unit is part of a property with at least three (3) units, including mobile homes where the tenant rents the mobile housing unit. Alameda County Code of Ordinances § 3.68.020.

The Alameda County Ordinance Prohibiting Discrimination on the Basis of AIDs protects any Ashland tenant or applicant with, or suspected, perceived, at risk of having AIDs or any person who is believed to associate with persons who have AIDs. Alameda County Code of Ordinances § 6.24.020.

The Fair Employment & Housing Act and Unruh Civil Rights Act cover all Ashland tenants.

How Does the Alameda County Mandatory Notification of Rent Mediation Services Ordinance Protect Ashland Tenants?

The Alameda County Mandatory Notification of Rent Mediation Services Ordinance protects Ashland tenants by providing rent review and mediation services, prohibiting retaliatory evictions, and mandating landlords provide notice to Ashland tenants when increasing rent.

Under What Circumstances May A Ashland Tenant Request Rent Review or Mediation of a Proposed Rent Increase?

The Alameda County Mandatory Notification of Rent Mediation Services Ordinance protects Ashland tenants by providing mediation and rent review of drastic rent increases. Alameda County Code of Ordinances § 3.68.060.

Ashland tenants may seek rent review or mediation for proposed rent increases where their landlord:

Serves a rent increase notice increasing the rent by more than ten percent (10%);

Increases the rent by an amount greater than seventy-five dollars ($75.00) per month; or,

Serves a rent increase notice within twelve (12) months of a previous rent increase.

What is Rent Review?

Rent review consists of a rent review officer reviewing the Ashland tenant’s rent increase to determine its validity. Alameda County Code of Ordinances § 3.68.070. Any proposed rent increase that violates the Alameda County Mandatory Notification of Rent Mediation Services Ordinance shall be void. Alameda County Code of Ordinances § 3.68.110. The Ashland tenant may permit the rent review officer to contact the landlord to discuss the proposed rent increase.

What is Rent Mediation?

Rent mediation is a voluntary, non-binding, and interactive process where Ashland tenants and their landlords can discuss a proposed rent increase facilitated by a neutral third person, called a rent review officer. Rent mediation may occur telephonically or in person. Alameda County Code of Ordinances § 3.68.020. With the mediator��s aid, the process encourages Ashland tenants and landlords to come to mutually satisfactory accommodations.

The rent review officer must allow the Ashland tenant and the landlord to explain their respective positions during the mediation. Alameda County Code of Ordinances § 3.68.080. The rent review officer will consider relevant factors and may use them to recommend the parties regarding the resolution of the dispute. If the parties agree with the recommendation, they may formalize the agreement with a signed contract. Only the Ashland tenant and their landlord are parties to the agreement. The government and the rent review officer will not sign the agreement.

Relevant factors to consider at mediation include, but are not limited to:

Hardship to the Ashland tenant regarding the rent increase;

The frequency and amount of prior rent increases imposed on the Ashland tenant;

The landlord’s mortgage payments; and,

Other costs associated with owning and maintaining the property. Alameda County Code of Ordinances § 3.68.080.

Please note that, under the Alameda County Mandatory Notification of Rent Mediation Services Ordinance, the rent review officer’s proposed recommendation is nonbinding, except when mutually agreed upon by the Ashland tenant and the landlord. Alameda County Code of Ordinances § 3.68.120.

What Happens if a Landlord Violates a Rent Mediation Contract?

Where a landlord violates a signed contract agreed to at rent mediation, the Ashland tenant may bring a lawsuit for breach of contract and, possibly, other claims such as retaliation. Alameda County Code of Ordinances § 3.68.100.

Click here to request mediation under the Alameda County Mandatory Notification of Rent Mediation Services Ordinance by phone.

Click here to request mediation under the Alameda County Mandatory Notification of Rent Mediation Services Ordinance via email.

How Long May The County of Alameda Wait Before Responding to a Ashland Tenant’s Rent Review or Mediation Request?

How May A Ashland Tenant Request Rent Review or Mediation Services?

To request rent review, Ashland tenants may submit the request via email or by phone.

What Notices Must Landlords Provide Ashland Tenants Under the Alameda County Mandatory Notification of Rent Mediation Services Ordinance?

When increasing rent in Ashland, Ashland tenants must not only receive written notice pursuant to Civil Code section 827, but must also simultaneously receive a notice of the availability of voluntary rent review and mediation services. Alameda County Code of Ordinances § 3.68.040.

The text of the notice must state as follows:

Alameda County Code of Ordinances § 3.68.040. Any rent increase served on a Ashland tenant lacking this notice is invalid.

How Are Ashland Tenants Fighting Back Against Landlord Retaliation & Harassment?

Some landlords may retaliate or harass Ashland tenants for refusing to pay an unlawful rent increase, requesting rent mediation, or asserting any other right provided under the Alameda County Mandatory Notification of Rent Mediation Services Ordinance. Any landlord that ignores the Alameda County Mandatory Notification of Rent Mediation Services Ordinance by filing an eviction lawsuit to collect unlawful rent is guilty of a retaliatory eviction. Alameda County Code of Ordinances § 3.68.100. Any landlord violation of the Alameda County Mandatory Notification of Rent Mediation Services Ordinance operates as a complete defense to the eviction lawsuit. Alameda County Code of Ordinance § 3.68.110. Further, the Ashland tenant can recover all unlawfully collected rent from the landlord by filing a lawsuit against their landlord. Ashland tenants may have additional claims for retaliation, harassment, and wrongful eviction depending on their unique circumstances.

To discuss Ashland tenant protections, the Alameda County Mandatory Notification of Rent Mediation Services Ordinance, or California Rent Control (AB1482), contact Astanehe Law, including by phone or email, to speak with a tenant attorney.

#Ashland #Ashland tenant #Ashland Tenants #Tenant rights #tenants rights #unlawful rent increase #rent increase #tenantlaw #tenant #california #tenants #tenantrights #tenantsrights #eviction law #landlordtenantlaw #astanehelaw #landlordtenantlawyer #eviction

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tenantrightslawyer · 2 years

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San Lorenzo Tenants: Sue Your Landlord for Retaliation & Unlawful Rent Increases

San Lorenzo tenants are protected from retaliation for asserting their rights under the law. At the state level, the California Tenant Protection Act of 2019 protects San Lorenzo tenants in covered units from evictions without just cause or drastic rent increases. Locally, the Alameda County Code of Ordinances protects San Lorenzo tenants not covered by the California Tenant Protection Act of 2019 from retaliation and drastic rent increases, potentially. San Lorenzo tenants facing unlawful rent increases, wrongful eviction, or retaliation for asserting their rights under the law may have a claim for money damages. Contact Astanehe Law for more information.

What Laws Protect San Lorenzo Tenants?

The five primary laws protecting San Lorenzo tenants are:

The California Tenant Protection Act of 2019 limits rent increases to five percent (5%) plus inflation and requires just cause for evictions for covered units;

The Alameda County Code of Ordinances Mandatory Notification of Rent Mediation Services Ordinance provides mediation and review of significant rent increases and prohibits retaliatory evictions;

The Alameda County Code of Ordinance Prohibiting Discrimination on the Basis of AIDs prohibits tenant discrimination due to AIDs;

The Fair Employment & Housing Act prohibits tenant discrimination; and,

The Unruh Civil Rights Act ensures all Californians receive equal treatment when applying for and renting housing.

Although other laws may protect San Lorenzo tenants, these are the most common laws protecting San Lorenzo tenants. This article is concerned with the Alameda County Mandatory Notification of Rent Mediation Services Ordinance.

What Tenant Laws Protect My San Lorenzo Rental Unit?

San Lorenzo tenants are covered by the California Tenant Protection Act of 2019 where they:

Reside in a building that is at least fifteen (15) years old;

Reside in their rental unit for at least a year, except where a new adult tenant moves into the unit, then all of the tenants must reside in the unit for a year or, at least once of the San Lorenzo tenants must have lived at the property for at least two (2) years; and,

Not reside in a unit exempted from the law.

Click here to read more about the California Tenant Protection Act of 2019.

San Lorenzo tenants are covered under the Alameda County Mandatory Notification of Rent Mediation Services Ordinance where:

The San Lorenzo tenant resides in a rental unit located in unincorporated Alameda County (Since San Lorenzo is an unincorporated census-designated place, it is covered); and,

The rental unit is part of a property with at least three (3) units, including mobile homes where the tenant rents the mobile housing unit. Alameda County Code of Ordinances § 3.68.020.

The Alameda County Ordinance Prohibiting Discrimination on the Basis of AIDs protects any San Lorenzo tenant or applicant with, or suspected, perceived, at risk of having AIDs or any person who is believed to associate with persons who have AIDs. Alameda County Code of Ordinances § 6.24.020.

The Fair Employment & Housing Act and Unruh Civil Rights Act cover all San Lorenzo tenants.

How Does the Alameda County Mandatory Notification of Rent Mediation Services Ordinance Protect San Lorenzo Tenants?

The Alameda County Mandatory Notification of Rent Mediation Services Ordinance protects San Lorenzo tenants by providing rent review and mediation services, prohibiting retaliatory evictions, and mandating landlords provide notice to San Lorenzo tenants when increasing rent.

Under What Circumstances May A San Lorenzo Tenant Request Rent Review or Mediation of a Proposed Rent Increase?

The Alameda County Mandatory Notification of Rent Mediation Services Ordinance protects San Lorenzo tenants by providing mediation and rent review of drastic rent increases. Alameda County Code of Ordinances § 3.68.060.

San Lorenzo tenants may seek rent review or mediation for proposed rent increases where their landlord:

Serves a rent increase notice increasing the rent by more than ten percent (10%);

Increases the rent by an amount greater than seventy-five dollars ($75.00) per month; or,

Serves a rent increase notice within twelve (12) months of a previous rent increase.

What is Rent Review?

Rent review consists of a rent review officer reviewing the San Lorenzo tenant’s rent increase to determine its validity. Alameda County Code of Ordinances § 3.68.070. Any proposed rent increase that violates the Alameda County Mandatory Notification of Rent Mediation Services Ordinance shall be void. Alameda County Code of Ordinances § 3.68.110. The San Lorenzo tenant may permit the rent review officer to contact the landlord to discuss the proposed rent increase.

What is Rent Mediation?

Rent mediation is a voluntary, non-binding, and interactive process where San Lorenzo tenants and their landlords can discuss a proposed rent increase facilitated by a neutral third person, called a rent review officer. Rent mediation may occur telephonically or in person. Alameda County Code of Ordinances § 3.68.020. With the mediator’s aid, the process encourages San Lorenzo tenants and landlords to come to mutually satisfactory accommodations.

The rent review officer must allow the San Lorenzo tenant and the landlord to explain their respective positions during the mediation. Alameda County Code of Ordinances § 3.68.080. The rent review officer will consider relevant factors and may use them to recommend the parties regarding the resolution of the dispute. If the parties agree with the recommendation, they may formalize the agreement with a signed contract. Only the San Lorenzo tenant and their landlord are parties to the agreement. The government and the rent review officer will not sign the agreement.

Relevant factors to consider at mediation include, but are not limited to:

Hardship to the San Lorenzo tenant regarding the rent increase;

The frequency and amount of prior rent increases imposed on the San Lorenzo tenant;

The landlord’s mortgage payments; and,

Other costs associated with owning and maintaining the property. Alameda County Code of Ordinances § 3.68.080.

Please note that, under the Alameda County Mandatory Notification of Rent Mediation Services Ordinance, the rent review officer’s proposed recommendation is nonbinding, except when mutually agreed upon by the San Lorenzo tenant and the landlord. Alameda County Code of Ordinances § 3.68.120.

What Happens if a Landlord Violates a Rent Mediation Contract?

Where a landlord violates a signed contract agreed to at rent mediation, the San Lorenzo tenant may bring a lawsuit for breach of contract and, possibly, other claims such as retaliation. Alameda County Code of Ordinances § 3.68.100.

Click here to request mediation under the Alameda County Mandatory Notification of Rent Mediation Services Ordinance by phone.

Click here to request mediation under the Alameda County Mandatory Notification of Rent Mediation Services Ordinance via email.

How Long May The County of Alameda Wait Before Responding to a San Lorenzo Tenant’s Rent Review or Mediation Request?

How May A San Lorenzo Tenant Request Rent Review or Mediation Services?

To request rent review, San Lorenzo tenants may submit the request via email or by phone.

What Notices Must Landlords Provide San Lorenzo Tenants Under the Alameda County Mandatory Notification of Rent Mediation Services Ordinance?

When increasing rent in San Lorenzo, San Lorenzo tenants must not only receive written notice pursuant to Civil Code section 827, but must also simultaneously receive a notice of the availability of voluntary rent review and mediation services. Alameda County Code of Ordinances § 3.68.040.

The text of the notice must state as follows:

Alameda County Code of Ordinances § 3.68.040. Any rent increase served on a San Lorenzo tenant lacking this notice is invalid.

How Are San Lorenzo Tenants Fighting Back Against Landlord Retaliation & Harassment?

Some landlords may retaliate or harass San Lorenzo tenants for refusing to pay an unlawful rent increase, requesting rent mediation, or asserting any other right provided under the Alameda County Mandatory Notification of Rent Mediation Services Ordinance. Any landlord that ignores the Alameda County Mandatory Notification of Rent Mediation Services Ordinance by filing an eviction lawsuit to collect unlawful rent is guilty of a retaliatory eviction. Alameda County Code of Ordinances § 3.68.100. Any landlord violation of the Alameda County Mandatory Notification of Rent Mediation Services Ordinance operates as a complete defense to the eviction lawsuit. Alameda County Code of Ordinance § 3.68.110. Further, the San Lorenzo tenant can recover all unlawfully collected rent from the landlord by filing a lawsuit against their landlord. San Lorenzo tenants may have additional claims for retaliation, harassment, and wrongful eviction depending on their unique circumstances.

To discuss San Lorenzo tenant protections, the Alameda County Mandatory Notification of Rent Mediation Services Ordinance, or California Rent Control (AB1482), contact Astanehe Law, including by phone or email, to speak with a tenant attorney.

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