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.
How Long May The County of Alameda Wait Before Responding to a Cherryland 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 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:
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 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.
