Alameda County Municipal Code Art. III Rental Housing Dispute Mediation

A. Tenant-Requested Mediation. A tenant residing in a dwelling unit may file a request and receive mediation services under the following circumstances:

1. Within ninety (90) calendar days of enactment of this chapter, and thereafter;

2. Within forty-five (45) calendar days of providing written notice to the landlord of untenantable conditions as defined by California Civil Code Section 1941.1;

3. Within twenty-one (21) calendar days of receipt of a proposed rent increase that (a) raises the rent to an amount more than five percent greater than the base rent, or (b) follows a prior rent increase imposed within the previous twelve (12) month period; and

4. Within fourteen (14) calendar days of learning the facts that give rise to a dispute for any other rental housing dispute.

B. Landlord-Requested Mediation. A landlord may file a request and receive mediation services under the following circumstances:

1. Within ninety (90) calendar days of enactment of this chapter, and thereafter;

2. Within forty-five (45) calendar days of receiving written notice of untenantable conditions as defined by California Civil Code Section 1941.1;

3. Within twenty-one (21) days of serving a notice of rent increase that (a) raises the rent to an amount more than five percent greater than the base rent, or (b) follows a prior rent increase imposed within the previous twelve (12) month period; and

4. Within fourteen (14) calendar days of learning the facts that give rise to a dispute for any other rental housing dispute.

(Ord. No. 2024-35, § 1, 11-12-24)

A. Designated Service Provider. The county shall contract with or designate one or more designated service providers to provide mediation services. The guidelines may include a description of minimum qualifications for the designated service provider and mediators.

B. Mediation Requests.

1. Any tenant or landlord eligible for mediation under this Article III may request mediation services from a designated service provider.

2. Each landlord or tenant requesting mediation services must complete and sign a form under penalty of perjury that demonstrates eligibility for mediation and includes other information as may be specified in the guidelines.

3. Separate requests for mediation services that involve one or more of the same parties may be consolidated with the consent of the landlord and the other tenants, but consolidation is not required and shall not affect individuals' ability to be separately represented or to bring a separate legal action.

4. If an eligible tenant has requested mediation as a result of receiving one or more notices in accordance with California Civil Code Section 827 that individually or cumulatively increase rent more than five percent within any twelve-month period, unless the parties otherwise agree in writing, such noticed rent increase will not be effective until the mediation concludes.

C. Mediation Process. The designated service provider shall assign a mediator within ten calendar days of receiving a complete request for mediation services. The assigned mediator shall offer a mediation process as follows:

1. Within two business days of receiving a mediation assignment from the designated service provider, the mediator shall provide notice of the mediation to the landlord and tenant. The mediation notice shall, at a minimum, inform each party of their obligation to appear at the mediation and participate in the mediation in good faith. The mediator shall make reasonable efforts to schedule mediation sessions at times that are mutually convenient for the landlord and the tenant, which may include times that are outside of business hours. The mediation process shall commence upon notification of the landlord and tenant by the mediator.

a. A mediator may notify the landlord and tenant of the mediation process via telephone, email, or any other form of communication, but the mediator must notify each party in writing via first-class mail, postage prepaid to each parties' address of record.

b. Following the mediator sending such notification, both the landlord and the tenant have an affirmative obligation to participate in the mediation in good faith until the mediation concludes.

2. The mediation process shall conclude upon the earlier of: (a) the execution of a legally enforceable, written agreement signed by all parties to the mediation; (b) the mediator's determination that no further progress is likely to result from continued mediation; or (c) all of the parties to the mediation indicate in writing that the mediation has concluded to their satisfaction. In no event shall a mediation process last longer than thirty (30) calendar days after an initial mediation session is held unless the parties agree in writing to extend the mediation term.

D. Mandatory Participation. Every party to a mediation is affirmatively obligated to participate in such mediation in good faith until the mediator determines the mediation has concluded (as provided in subsection (C)(2) above).

1. For purposes of this section, in addition to the definition in Section 3.68.030, good faith participation also includes the mutual obligation of the landlord and tenant to meet on each occasion when notified of mediation proceedings, provide relevant information, exchange proposals, timely consider and respond to proposals by opposing parties, and engage in meaningful discussion on the subject of proposed rent increases, issues related to the rent increase, and the rental housing dispute.

2. Failure to participate in good faith.

a. No rent increase will be effective unless or until the landlord of the dwelling unit complies with the provisions of this chapter by participating in good faith for the entirety of a mediation process.

b. If a tenant fails to participate in good faith, the mediator at their discretion may determine that the tenant has withdrawn their request for mediation service and conclude the mediation process, allowing any rent increase to be implemented in accordance with the notice requirements in California Civil Code Section 827.

E. Mediation Agreements. No party shall be obligated to reach any specific agreement, or to reach any agreement at all, as a result of participating in mediation.

1. Any agreement reached by the parties in mediation must:

a. Be made in writing and signed by the parties;

b. State the specific terms of the mediation agreement including the duration and conditions of the agreement;

c. State the effective date of any agreed-upon rent increase and stipulate to the adequacy of notice for any rent increase in accordance with California Civil Code Section 827;

d. Be legally enforceable against the parties to the agreement;

e. Provide that the agreement may be enforced via civil action by any party and by the county or its designee as third-party beneficiaries; and

f. Provide that any agent or representative signing a mediation agreement on behalf of other persons shall be responsible for promptly providing a copy of the agreement to the parties they represent.

2. A tenant bound by a mediation agreement may not request further mediation concerning any rent increase covering the same time period included in the mediation agreement but may request mediation concerning an additional rent increase that is first noticed or occurs after the mediation agreement is signed by both parties.

3. Mediation Statements. If a mediation does not result in a mediation agreement, then the designated mediator shall produce a nonbinding mediation statement. The guidelines shall include form mediation agreements and mediation statements that include, without limitation, the name of each party that appeared for and participated in good faith in the mediation service, and a concise summary of the dispute.

(Ord. No. 2024-35, § 1, 11-12-24)