Alameda County Municipal Code Art. IV Miscellaneous

A. Nothing in this chapter shall be deemed to affect any rights or remedies of a tenant provided by state or federal law, including but not limited to:

1. Tenant's right to quiet enjoyment of the rental premises.

2. The duty of a landlord to make a dwelling unit tenantable and repair all dilapidations that render it untenantable.

3. Prohibited landlord conduct including discrimination in housing; retaliation, threats or other coercive conduct; unauthorized entry into a tenant's unit, and unauthorized taking of tenant's personal property.

4. Rights concerning payment and return of rent and security deposits.

5. Rights to required notice prior to termination of a rental agreement.

6. Rights under unlawful detainer statutes.

B. Nothing in subsection (A) of this section prohibits the lawful eviction of a tenant in accordance with California Civil Code Section 1946.1 or by any other appropriate legal means.

C. Nothing in this chapter shall be deemed to affect any duties or obligations of a landlord to comply with applicable housing, building, or zoning codes, including compliance with valid code enforcement orders and notices.

(Ord. No. 2024-35, § 1, 11-12-24)

Under Civil Code Section 1942.5, it is illegal for a landlord to retaliate against a tenant for lawfully and peaceably exercising the tenant's legal rights. Commencement of eviction proceedings against a tenant for exercising his or her rights under this chapter shall be considered a retaliatory eviction.

(Ord. No. 2024-35, § 1, 11-12-24)

The housing director shall annually prepare and present a report to the Board of Supervisors assessing the effectiveness of the rental housing dispute mediation program established under this chapter and recommend changes as may be appropriate. Annual assessment of the program shall include factors such as rent levels and trends, number of requests for mediation, and types of reported disputes.

(Ord. No. 2024-35, § 1, 11-12-24)

A. Injunctive Relief. Any aggrieved person may enforce the provisions of Article III of this chapter by means of a civil injunctive action. Any person who commits, or proposes to commit, an act in violation of Article III of this chapter may be enjoined therefrom by any court of competent jurisdiction. An action for injunction under this section may be brought by any aggrieved person, by county counsel, or by any person or entity which will fairly and adequately represent the interests of the protected class.

B. Civil Liability. Any person who violates any of the provisions of Article III of this chapter or who aids in the material violation of any provisions of Article III of this chapter is liable for, and the court may award to the individual whose rights are violated special and general damages. The court may award attorney's fees, costs of action, and punitive damages. Civil actions filed pursuant to this section must be filed within one year of the events giving rise to the alleged cause of action.

(Ord. No. 2024-35, § 1, 11-12-24)

For the first year during which Article III of this chapter is in effect, the county shall pay the cost of any rental housing dispute mediation required by Article III of this chapter to the extent funds are available. Thereafter the costs of the rental housing dispute mediation shall be allocated among the parties or paid with other available funding sources, as determined by the CDA director.

(Ord. No. 2024-35, § 1, 11-12-24)