The Alameda Rent Program administers the Alameda Rent Ordinance(PDF, 320KB), a section of the municipal code that regulates residential rental units in the City of Alameda. The current Rent Ordinance is the result of a series of legislation adopted by the City Council since 2019. Among its main provisions, the Rent Ordinance:
- Regulates and limits rent increases for most rental units
- Regulates and limits the grounds for which a landlord may terminate a tenancy, and may require relocation payments for tenants who are displaced from a rental unit through no fault of their own
- Requires landlords to register rental units and pay an annual program fee
Who is administering the Rent Program?
The Rent Program is staffed by employees of the City of Alameda as a program of the City Attorney's Office. Previously, from April 2016 to September 2022, the Housing Authority of the City of Alameda administered the program through a services contract(PDF, 3MB) with the City of Alameda.
How do I stay informed about the latest updates and developments?
Click here to sign up for the program email newsletter. News is also posted here.
What units are subject to the current Rent Ordinance(PDF, 3MB) ?
Most rental units in Alameda are fully regulated, i.e. all provisions of the Rent Ordinance apply. Some units are partially regulated because state law prevents local jurisdictions from imposing limits on rent increases for certain types of rental units; however, these units are still subject to other provisions of the Rent Ordinance, including regulations concerning terminations of tenancy, relocation payments, registration, and program fees.
Fully Regulated Units - Multi-unit properties built prior to February 1, 1995. A multi-unit property has two or more units on a legal lot of record, even if a property owner lives in one of the units. However, if a unit is a permitted accessory dwelling unit (ADU) or was otherwise constructed after February 1, 1995, the property may be subject to different regulations.
Partially Regulated Units - Properties with a single unit on a legal lot of record (i.e. single-family homes, condominiums, and townhomes) regardless of the year of construction, as well as units constructed after February 1, 1995, regardless of the total number of units on the lot. The Rent Ordinance specifically states that when a single-family home has a permitted ADU on the same lot, both units are considered partially regulated.
Similarly, if the unit is in the Housing Choice Voucher (Section 8) Program and is not owned by a public entity or a bona fide not-for-profit organization dedicated to the provision of affordable housing, the unit is exempt only as to the rent control provisions of the Rent Ordinance
Does the Ordinance apply to single-family homes or condominiums?
In part. Owners of rented single-family homes and condominiums are subject to all requirements of the Ordinance concerning terminations of tenancy and must provide relocation payments to tenants who are displaced for no fault of their own. Such owners must also pay a reduced annual program fee and register tenancies.
A tenant renting a partially regulated unit, such as a single-family home or condominium, who receives a rent increase of more than 10% may be owed a permanent relocation payment if the tenant vacates the unit within three months. Landlords are required to notify tenants of this regulation when they provide such a rent increase notice.
Additionally, while exempt from Alameda’s local rent cap, some single-family homes and condominiums that were built more than 15 years ago may be subject to a statewide rent cap under The California Tenant Protection Act of 2019 (AB 1482). The Alameda City Attorney’s Office has the authority to take enforcement action against a landlord who violates the statewide rent cap.
Does the Ordinance apply to duplexes with an owner-occupied unit?
Yes, if the duplex was built prior to February 1, 1995. All provisions of Alameda’s local Rent Ordinance apply to multi-unit properties with two or more units on a legal lot of record, even if a property owner lives in one of the units.
Some summaries of California rent control laws imply that duplexes are exempt from rent control if a property owner resides in one of the units. These summaries are referring to a state law, The California Tenant Protection Act of 2019 (AB 1482), that established a statewide rent cap for some units that are not already regulated by a local rent control law. AB 1482 specifically states that it does not affect the authority of local jurisdictions like Alameda to adopt or maintain their own limits on rent increases for multi-unit properties built before February 1, 1995.
A property owner who resides in one of the units of a duplex may apply for an exemption from the annual program fee for the owner-occupied unit.
Are there rental units in the City of Alameda that are not subject at all to the Ordinance?
Yes, see section 6-58.20 of the Rent Ordinance(PDF, 3MB). Below is a summary of the units that are not subject to any provisions of the Rent Ordinance:
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Dwelling Units, regardless of ownership, for which the rents are subsidized or regulated by federal law or by regulatory agreements between a Landlord and (i) the City, (ii) the Housing Authority or (iii) any agency of the State of California or the Federal Government. This exemption applies only to properties where 100% of the units, excluding managers’ units, are affordable. The regulatory agreement must provide that all dwelling units covered by the agreement pay an affordable rent (as defined by state law) and all dwelling units covered by the agreement accept only persons and families of low or moderate income, again as defined by state law.
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Dwelling Units owned by the Housing Authority
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Dwelling Units rented or leased for 30 consecutive days or less (month to month rental agreements do not apply)
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Rooms in hotels, motels, inns, tourist homes, short-term rentals, boarding houses, provided the occupants do not reside in the unit for more than 30 consecutive days
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Commercial units, such as commercial storage units
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Hospitals, convents, monasteries, extended care facilities, convalescent homes, homes for the aged, or dormitories operated by an educational institution
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Rooms in a facility that provide a menu of services, such as case management
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Mobile homes
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Community cabins
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Dwelling Units in which the landlords owns the rental unit, occupies the rental unit as the landlord’s primary residence and shares kitchen or bath facilities with one or more tenants (refer to table below for more information)
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Any part of a dwelling unit in which a tenant has allowed or permitted a person to use or occupy such part, but that person does not meet the definition of a Tenant as defined by the Ordinance
| Space rented by tenant |
Does the landlord live in the unit as their primary residence? |
Does the tenant share kitchen or bathroom facilities? |
Does the Rent Ordinance apply to the tenancy? |
| Entire unit |
No |
No - tenant has exclusive use of kitchen and bathroom facilities |
Yes |
| Entire unit rented to multiple tenants |
No |
Yes - shared with other tenants |
Yes |
| One room |
Yes |
Yes - shared with landlord |
No |
| One room |
Yes |
No - tenant's room has private bathroom, microwave, and refrigerator; tenant never uses landlord's bathroom or kitchen |
Yes |
| One room |
No |
Yes - shared with other tenants |
Yes |
| Entire unitsubleased from a master tenant |
No |
No - subtenant has exclusive use of kitchen and bathroom facilities |
Please see below |
| One room subleased from a master tenant |
No |
Yes - shared with master tenant |
Please see below |
Are subtenants and sub-lessees covered by the Rent Ordinance's tenant protections?
The Rent Program considers subtenancies on a case-by-case basis . If there is documentation suggesting a "landlord-tenant relationship" between the subtenant and the property owner, then the subtenancy may be subject to the Rent Ordinance's protections and the property owner may be responsible for ensuring that the subtenant is not subject to an invalid termination of tenancy and/or for making relocation payments. Subtenants should be aware that a master tenant may not have the same obligations under the Rent Ordinance that a landlord does.
Is a landlord required to rent to a tenant participating in the Housing Choice Voucher Section 8 Program?
A landlord may establish criteria for determining to whom they rent, so long as the criteria does not discriminate against protected classes, including source of income. Accordingly, it is not lawful to have criteria that bans tenants with a Section 8 voucher. See Ordinance 3251(PDF, 5MB).
Are owners required to register rental units?
Yes. Section 6-58.55 of the Alameda Municipal Code requires that landlords provide an initial registration statement for each rental unit, including landlords of units that are subsidized through the Housing Choice Voucher (Section 8) program.
How often is registration required?
Landlords of fully-regulated rental properties are required to submit an annual registration statement for each rental unit. Subsequently, registration must be updated within 30 days of the start of any new tenancy, and when there is a transfer of ownership. For more information on annual registration requirements, please visit this page. Please also see Regulation 20-01 for more information.
Landlords of partially-regulated rental units must update the registration information within 30 days of the start of any new tenancy. Please see Regulation 20-04 for more information.
Is the rent registry accessible to only landlords?
The rent registry will provide access to landlords for only the properties they own. After annual registration is submitted for a fully regulated unit, the Rent Program will provide the landlord and tenant a letter stating the apparent Lawful Rent Ceiling for the rental unit. A tenant will have the opportunity to contest certain registration information provided by the landlord that is inconsistent with the tenant’s records. Both parties will also be informed of a process to appeal the Lawful Rent Ceiling as set forth in Civil Code section 1947.8.
What information is public?
Landlords, tenants and members of the public may request non-exempt rent registry information under the California Public Records Act.
Per State law, tenant information in the Rent Registry is considered “confidential” and is exempt from disclosure under the California Public Records Act. Questions concerning this matter may be directed to Rent Program staff at rentprogram@alamedaca.gov.
Click here to read the press release issued by the City of Alameda concerning the privacy of tenant information.
What are the consequences if an owner does not register the rental unit?
For fully-regulated properties, Landlords who fail to submit annual registration or pay the annual program fees are considered non-compliant with the Rent Ordinance. If a landlord is out of compliance, they cannot lawfully raise rents and/or file a petition for upward adjustment of rent, including Capital Improvement Petitions. Being substantially out of compliance may result in:
- Mailing of non-compliance letters with a copy sent to affected tenants
- Late fees of 10% per unit per month for not paying annual program fees
- Additional penalties and Administrative Citations.
Buying or selling a dwelling unit that has been or will be rented in Alameda?
If you are buying or selling a rental unit, it is important that you are aware that the Rent Ordinance may may apply. A new owner may be held responsible for a prior owner's violations of the Rent Ordinances, and future rents may be restricted by reason of these regulations.
Below are a few reminders to ensure compliance with City of Alameda's rent related Ordinances.
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Inform prospective purchasers about Ordinance No. 3250, 3148, 3140, 3143, 3131 and related regulations
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Disclose the existence of these Ordinances and the City's Rent Program in the disclosure statement for any property listed for sale, even if the property is not currently a rental.
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Additional informational materials are available at www.alamedarentprogram.org.
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Request documentation that tenants renting on March 31, 2016 (when the Ordinance went into effect) were informed about Ordinance 3148 and that tenants whose tenancies started after March 31, 2016 were also informed of the Ordinance.
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Request copies of all notices of rental increases and notices of all terminations of tenancies, for any rent increase or termination of tenancy since - October 1, 2015.
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Verify that any rent increases or termination of tenancies were done in compliance with the Ordinance(s). (You are welcome to contact Rent Program staff (rentprogram@alamedaca.gov) but you will need to provide copies of the documents in order for staff to review. Please allow a 10-day turn around.
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For in-place tenants, understand whether the tenancy is under a lease or is month-to-month and, in particular, determine whether the tenant was on a month-to-month tenancy as of March 31, 2016 and whether there has been a rent increase in compliance with the Ordinance since that time.
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Request information about any tenants currently subject to a notice of a rent increase or termination of tenancy.
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If there is an onsite manager or other renter who receives a discount for services provided, understand and document the nature of that arrangement.
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A new owner may be held financially responsible for a prior owner's violations of Ordinances 3250, 3148, 3140 3143, and 3131. This could include reimbursing tenants improperly charged rents and/or reducing rents raised illegally.
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Relocation payments may be due if a tenant's tenancy was improperly terminated or the amount of the relocation payment was less than required by the Ordinance.
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A property may not be rented for a number of years if it has been the subject of an eviction on grounds of a "Withdrawal from the Rental Market" and will be subject to a number of qualifying restrictions.
What is a "rent-back" agreement?
A rent-back agreement, also known as a post-closing possession agreement, enables the seller to continue occupying the property after the sale. The involved parties agree on a specified time frame during which the seller can remain in the property and establish a monthly rent amount.
Are "rent-back" agreements regulated under the City of Alameda's Rent Ordinance?
Such agreements may establish tenancy and confer rights to the former owner, including "just cause" protections under the City's Rent Ordinance. It is crucial to approach these arrangements with caution and careful consideration. When considering long-term occupancy, it is advisable to incorporate specific terms in the purchase contract that align with local and state laws. Importantly, please note that the Rent Ordinance does not permit the waiver of tenant rights. In certain scenarios, if the former owner does not vacate, the buyer may need to initiate a "no fault" termination of tenancy and provide the relocation payment required by local law to take possession.
To ensure compliance with local regulations, please reach out to Alameda Rent Program staff.
How much information remains private when I contact the Rent Program with questions about a rent increase or a notice to terminate my tenancy, or submit information to the Rent Program concerning these issues?
The answer depends. Generally, written information submitted to the Rent Program is considered a public record and must be disclosed if a member of the public requests the information under the State’s Public Records Act and/or the City’s Sunshine Ordinance. In some cases, however, the City Attorney may determine that the individual’s right to privacy significantly outweighs the public’s right of disclosure, in which case the information will not be released. That determination is made on a case-by-case basis.
Data concerning rent increases and terminations are available in monthly reports online. This information does not disclose the names of tenants or landlords.
What personal information is made public for a Public Records Act Request (PRA)
All written information submitted to the Rent Program is considered a public record and must be disclosed if a member of the public requests the information under the State Public Records Act and/or the City’s Sunshine Ordinance. In some cases, however, the City Attorney may determine that the individual’s right to privacy significantly outweighs the public’s right to have the information disclosed, in which case the information will not be released. That determination is made on a case-by-case basis. Some personal information, such as tenant phone numbers and email addresses, will be redacted.
Click here to read the press release issued by the City of Alameda concerning the privacy of tenant information.
Were the Rent Review Advisory Committee (RRAC) meetings recorded?
Yes. Audio recordings and approved RRAC meeting minutes are available online. Click here to access the RRAC archive.
Does the Rent Program regulate short-term rentals?
Whether or not a unit is subject to the Rent Ordinance depends, in part, on how many consecutive days the unit is rented to the same tenant. Whether it is a room in a hotel, a backyard cottage, or a furnished studio apartment, a unit that is dedicated exclusively to transient guest stays of 30 days or less is not regulated by the Rent Program.
On the other hand, a guest who rents a unit for more than 30 consecutive days, even if booked through a rental service such as Airbnb or VBRO, may have rights under the Rent Ordinance, including “just cause” protections that entitle the tenant to relocation payments. Such a tenancy must be registered with the Rent Program.
Property owners may rent their primary residences for periods of more than 30 days up to one year (or five years in cases of a military assignment) according to the Rent Ordinance’s requirements for a Temporary Tenancy. Landlords are not required to pay relocation payments when a Temporary Tenancy ends but afterward must occupy the unit as a primary residence for at least 12 months.
What general steps should all short-term rental hosts in Alameda follow?
- Obtain a business license from the City’s Finance Department.
- Ensure Transit Occupancy Taxes (TOT) are being paid, either through the rental platform (e.g., Airbnb, VRBO) or directly with the City.
- Alameda Rent Registry: Determine if registration is required based on the property type below; and if you qualify for an exemption from program fees based on the guest's length of stay.
- If the rental duration exceeds 30 consecutive days, ensure the unit is registered with the Alameda Rent Program, regardless of property type.
Partially Regulated Properties
What are the short-term rental registration requirements for partially regulated properties?
- For stays longer than 30 consecutive days, the rental unit must be registered with the Alameda Rent Program, as the guest is considered a tenant under the Alameda Rent Ordinance. Annual program fees will apply.
- For stays less than 30 consecutive days, registration with the Alameda Rent Program is not required.
Fully Regulated Properties
What are the short-term rental requirements for fully regulated properties?
- For stays longer than 30 consecutive days, the rental unit must be registered with the Alameda Rent Program, as the guest is considered a tenant under the Alameda Rent Ordinance. Annual program fees will apply.
- For short-term stays (less than 30 days): the rental unit must be registered with the Alameda Rent Program as Occupant Type: Short Term Rental
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- Exemption from Program Fees: Landlords can apply for an exemption by submitting one of the following:
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- A rental agreement showing the length of stay, dated within 90 days of submission.
- A receipt of payment indicating the length of stay, dated within 90 days of submission.