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1. Does the Ordinance prevent a landlord from raising a tenant’s rental amount?

No. Landlords may notice rent increases of any amount; however, rent increase notices seeking an increase of rent exceeding 5% must also include the reason for the rent increase and are subject to a hearing by the Rent Review Board.

2. Are landlords required to file copies of the rent increase notices with the City?

No

3. What types of units does the Ordinance apply to?

Units that are covered under this Ordinance include any housing unit offered for rent or lease in the City consisting of one or more units whether attached or detached, single- or multiple-family, and mobile homes. Mobile homes are subject to this Ordinance only to the extent of the mobile housing unit itself, not the underlying real property pad which is subject to FMC Chapter 9.55, Mobile Home Space Rent Stabilization.

4. How does a tenant request rent review?

Anyone may request a rent review by emailing the Rent Review Office at rentreview@fremont.gov, or calling the Rent Review Hotline at 510-733-4945.

5. Is participation mandatory?

Yes, is mandatory. The landlord and tenant have the mutual obligation to participate in the consultation or mediation process in good faith. Failure of a landlord or their responsible party to appear and participate in good faith in the consultation or mediation process shall void the notice of rent increases for all purposes, and failure of any affected tenant to appear and participate in good faith shall terminate all services of the Rent Review Ordinance for the affected tenant for the duration of the subject rent increase and shall make the rent increase effective the date stated in the notice of rent increase.

6. Can I have a representative participate in consultation/mediation on my behalf?

Yes, only if the representative has legal authority to resolve issues on behalf of the landlord or tenant. A “responsible party declaration” must be presented prior to consultation/mediation.

7. What is “landlord retaliation?”

The California Department of Consumer Affairs defines retaliatory eviction or action as an act by a landlord such as raising a tenant’s rent, seeking to evict a tenant, or otherwise punishing a tenant because they have asserted their legal tenant rights. If you believe your landlord is retaliating, consult with an attorney. Bay Area Legal Aid offers an advice line and additional resources. Their advice line is (800) 551-5554. For additional legal resources, visit www.baylegal.org.