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Newark · Renting & eviction

Harassment and lockouts in Newark

City rule: bad-faith harassment, such as cutting services, abusing entry or refusing lawful rent, is banned and is a defense against eviction.

Key points

  • Harassment: City rule: bad-faith harassment, such as cutting services, abusing entry or refusing lawful rent, is banned and is a defense against eviction.

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

What Newark's code says

Newark code What Newark's code adds
Penalties
  • A violation is a defense the tenant can raise against an eviction.
    § 5.45.050 · code text
    C. A landlord's violation of this section shall be an affirmative defense to an eviction.
Prohibited acts
  • Cutting off or failing to provide agreed housing services, including utilities and other contracted amenities, or threatening to.
    Applies: In bad faith, with an ulterior motive, or without honest intent.
    § 5.45.050 · code text
    No landlord may do any of the following in bad faith, with ulterior motive, or without honest intent: 1. Interrupt, fail to provide, or threaten to interrupt or fail to provide any housing services under the rental agreement, including, but not limited to, utility services and other amenities and services agreed to by contract;
  • Not doing, or threatening not to do, repairs or maintenance required by contract or housing, health or safety laws.
    Applies: In bad faith, with an ulterior motive, or without honest intent.
    § 5.45.050 · code text
    2. Fail to perform, or threaten to not perform, repairs or maintenance required by contract or by state, county, or local housing, health, or safety laws;
  • Not using due diligence to finish repairs and maintenance once started, including ignoring industry safety standards and protocols.
    Applies: In bad faith, with an ulterior motive, or without honest intent.
    § 5.45.050 · code text
    3. Fail to exercise due diligence to complete repairs and maintenance once undertaken, including the failure to follow industry-appropriate safety standards and protocols;
  • Abusing or misusing the landlord's right to enter.
    Applies: In bad faith, with an ulterior motive, or without honest intent.
    § 5.45.050 · code text
    4. Abuse or otherwise improperly use landlord's right to access the property;
  • Removing a tenant's belongings from the unit.
    Applies: In bad faith, with an ulterior motive, or without honest intent.
    § 5.45.050 · code text
    5. Remove personal property of the tenant(s) from the rental unit;
  • Pressuring tenants to move out through fraud, intimidation or coercion, including immigration threats.
    Applies: In bad faith, with an ulterior motive, or without honest intent.
    § 5.45.050 · code text
    6. Influence or attempt to influence the tenant(s) to vacate the unit by means of fraud, intimidation, or coercion (including, but not limited to, threats based on immigration status);
  • Offering money or other value to move out more than once every 6 months.
    Applies: In bad faith, with an ulterior motive, or without honest intent.
    § 5.45.050 · code text
    7. Offer payment or any other consideration, in return for the tenant(s) vacating the unit, more often than once every six months;
  • Threatening physical harm by word or gesture.
    Applies: In bad faith, with an ulterior motive, or without honest intent.
    § 5.45.050 · code text
    8. Threaten the tenant(s) by word or gesture with physical harm;
  • Interfering with a tenant's quiet use and enjoyment of the unit.
    Applies: In bad faith, with an ulterior motive, or without honest intent.
    § 5.45.050 · code text
    9. Interfere with the tenant(s) right to quiet use and enjoyment of the rental unit;
  • Refusing to accept or acknowledge lawful rent.
    Applies: In bad faith, with an ulterior motive, or without honest intent.
    § 5.45.050 · code text
    10. Refuse to accept or acknowledge receipt of lawful rent from the tenant(s);
  • Refusing to cash a rent check for over 30 days.
    Applies: In bad faith, with an ulterior motive, or without honest intent.
    § 5.45.050 · code text
    11. Refuse to cash a rent check for over thirty days;
  • Interfering with a tenant's right to privacy.
    Applies: In bad faith, with an ulterior motive, or without honest intent.
    § 5.45.050 · code text
    12. Interfere with a tenant's right to privacy, including but not limited to:
  • Asking about residency, citizenship, protected class or Social Security number (SSN allowed for screening), or refusing alternatives like an ITIN.
    Applies: In bad faith, with an ulterior motive, or without honest intent.
    § 5.45.050 · code text
    a. Requesting information regarding residence or citizenship status, protected class status, or Social Security number (except for, in the case of a Social Security number, for purposes of obtaining information for the qualifications for a tenancy), or refusing to accept equivalent alternatives to such information or documentation that does not concern immigration or citizenship status, e.g. an Individual Taxpayer Identification Number (ITIN);
  • Releasing a tenant's residency, citizenship, protected-class or Social Security information, unless law requires or allows it.
    Applies: In bad faith, with an ulterior motive, or without honest intent.
    § 5.45.050 · code text
    b. Releasing such information except as required or authorized by law or in violation of applicable state and/or federal law; or
  • Asking about a tenant's relationship status in violation of state or federal law.
    Applies: In bad faith, with an ulterior motive, or without honest intent.
    § 5.45.050 · code text
    c. Requesting information regarding a tenant's relationship status in violation of state or federal law.
  • Asking for information that violates a tenant's privacy.
    Applies: In bad faith, with an ulterior motive, or without honest intent.
    § 5.45.050 · code text
    13. Request information that violates the tenant(s) right to privacy;
  • Repeated serious acts or omissions disturbing a tenant's peace that cause, or are likely or meant to cause, a move-out.
    Applies: In bad faith, with an ulterior motive, or without honest intent.
    § 5.45.050 · code text
    14. Other repeated acts or omissions of such significance as to substantially interfere with or disturb the tenant(s) comfort, repose, peace, or quiet enjoyment, and that cause, are likely to cause, or are intended to cause the tenant(s) to vacate the unit; or
  • Retaliating against tenants for using rights under this city chapter or state or federal law.
    Applies: In bad faith, with an ulterior motive, or without honest intent.
    § 5.45.050 · code text
    15. Retaliate against the tenant(s) for the tenant(s) exercise of rights under this chapter or state or federal law.

The California rule underneath

Where Newark's rule above does not cover a situation, state law still applies. For the statewide rule on its own, see Tenant harassment and lockouts in California.

CA state law The statewide rule underneath
Lockouts and self-help eviction banned
A landlord may not change locks, remove doors or windows, or remove the tenant's belongings to force a tenant out
Utility shutoffs banned
A landlord may not cut off water, heat, electricity, gas or other utilities to force a tenant out
Lockout / shutoff penalty
Actual damages plus up to $100 per day of violation, at least $250 per cause of action, and attorney's fees

Who this affects

TenantsLandlordsProperty managers

General information, not legal advice.

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