Rent increases in Hayward: the local rules

Each rule below links to the section of the Hayward Municipal Code it was read from, with the code text one click away (checked October 2026). General information, not legal advice.

What Hayward's code says

Hayward code What Hayward's code adds
Annual increase limit	Up to 5% of the current total monthly rent. Applies: Covered rental units, once every 12 months. A larger increase goes to review, and the tenant may petition. § 12-1.05 · code text a Rent Increase, including any increase of Housing Services, for use or occupancy of a Covered Rental Unit may be imposed once every twelve (12) months for an amount equal to or less than five percent (5%) of the existing total monthly Rent. Up to 5%, no matter when the rent last went up. Applies: When re-renting a covered unit that the tenant did not voluntarily leave. § 12-1.06 · code text Upon re-renting of a Covered Rental Unit which has not been Voluntarily Vacated, the Landlord may raise the Rent up to five (5%) regardless of the date of the last Rent Increase.
Units covered	The rent increase limit does not apply. Applies: A written lease signed on or before July 25, 2019, if applying the limit would break that lease. § 12-1.05 · code text The Rent Increase Threshold shall not apply if doing so would violate the terms of a written lease entered into on or before July 25, 2019. The rent increase limit does not apply. Applies: A rent increase after the tenant voluntarily moved out of the covered unit. § 12-1.05 · code text A Rent Increase after the Covered Rental Unit has been Voluntarily Vacated. The rent increase limit does not apply. Applies: Only to the new rent set when re-renting after a lawful eviction; later increases in the new tenancy are again limited to 5%. § 12-1.05 · code text A Rent Increase after lawful eviction. There is no limit on the starting rent. Applies: When re-renting after the last tenant voluntarily moved out or after a lawful eviction; later increases still follow the limit. § 12-1.06 · code text This ordinance does not impose limitations on the amount of Initial Rent a Landlord can charge upon the re-renting of a Covered Rental Unit that has been Voluntarily Vacated by the previous Tenant or terminated after a lawful eviction.
How often rent can go up	Once every 12 months. § 12-1.05 · code text may be imposed once every twelve (12) months for an amount equal to or less than five percent (5%) of the existing total monthly Rent.
Petitions and pass-throughs	Government utility costs may be passed on only under a written lease, using RUBS or a similar unmetered split. Applies: Applies to government utility service costs. § 12-1.05 · code text A Landlord may only pass through costs of Governmental-Utility Services through a ratio utility billing system (RUBS) or similar unmetered allocation arrangement, pursuant to the terms of a written lease. The tenant may petition for a review of a government utility charge. Applies: The landlord did not give the required documents and the utility cost increase is more than 1% of the tenant's current rent. § 12-1.05 · code text the Tenant may file a petition to initiate review of a Governmental-Utility Service upon the Landlord's failure to provide the Tenant with the documentation required in Section 12-1.05(d)(1) and when the Government-Utility Service increase in cost exceeds one percent (1%) of the Tenant's existing Rent. A capital improvement pass-through, only as far as an arbitrator's final decision allows. Applies: On a landlord's capital improvement petition. § 12-1.05 · code text A Landlord may impose a pass-through cost, in addition to a Rent Increase, to the extent authorized in a final decision by an Arbitrator on a Landlord capital improvement petition filed in accordance with this section. No more than 50% of the total amount the landlord paid. Applies: Improvements paid for and finished after July 25, 2019; petition filed within 2 years; spread over 5 years (60 months), longer if over 10%. § 12-1.05 · code text The total costs passed through by the Landlord may not exceed fifty percent (50%) of the total amount paid by the Landlord;

The California rule underneath

Where Hayward's rule above does not cover a situation, state law still applies. For the statewide rule on its own, see California's statewide rent cap.

CA state law The statewide rule underneath
Rent cap right now	8.8% for increases taking effect August 1, 2026 through July 31, 2027 (5% plus 3.8% inflation) Applies: Covered units only. Inflation is the BLS consumer price index for the San Francisco-Oakland-Hayward area, April to April, as the statute requires; the figure is recomputed every year. Civ. Code § 1947.12(a)(1), (g)
Statewide rent increase cap (AB 1482)	5% plus the change in cost of living, or 10%, whichever is lower, over any 12 months Applies: Covered units only; measured against the lowest rent charged in the prior 12 months. Civ. Code § 1947.12(a)(1)
Number of rent increases	No more than two increases in any 12-month period Civ. Code § 1947.12(a)(2)
Rent cap — new construction exemption	Housing with a certificate of occupancy issued within the previous 15 years is exempt (rolling) Applies: Mobilehomes excepted. Civ. Code § 1947.12(d)(4)
Rent cap — single-family home or condo exemption	A home or condo that can be sold on its own is exempt when the owner is not a REIT, a corporation or an LLC with a corporate member, and the tenant was given the written exemption notice Applies: The same exemption applies to the just-cause rule (§ 1946.2(e)(8)). Civ. Code § 1947.12(d)(5)
Rent cap — owner-occupied duplex exemption	A duplex in one building is exempt when the owner lived in the other unit at the start of the tenancy and still does, unless either unit is an ADU or JADU Civ. Code § 1947.12(d)(6)
New tenancy resets the rent	When no prior tenant remains, the owner may set the initial rent; the cap applies to later increases Civ. Code § 1947.12(b)
Rent cap sunset	§ 1947.12 is repealed on January 1, 2030 unless extended Civ. Code § 1947.12(o)

Who this affects

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Frequently asked questions

How much can rent go up in Hayward?

Hayward's own rule limits increases on covered rental units to 5% of the current rent, once every 12 months.

General information, not legal advice.

Rent increases in Hayward

Key points

What Hayward's code says

The California rule underneath

Who this affects

Frequently asked questions

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