Newark Tenant Protections

Is my unit subject to the Tenant and Landlord Relations and Rent Review and Mediation Ordinance?

Yes. All rental units are subject to noticing requirements, rent review, and just cause eviction and anti-harassment protections. See individual sections of Ordinance 561 for more information about what the exemptions that may apply. 

Please be aware that while the City does not restrict rent increases, your unit may still be subject to the California Tenant Protection Act of 2019 and you are responsible for determining if State housing provisions apply to your unit. Visit the state’s Housing is Key website for more information.

What if my tenant disputes a rent increase?

Under Newark’s Rent Review and Mediation ordinance, tenants may request third-party review of proposed rent increases above five percent in a 12-month period, and mediation with their landlord. This mediation is non-binding. If the landlord declines to participate in the mediation, however, the rent increase will be deemed void.

What do I do if my tenant can’t pay rent?

The City of Newark is creating a program to provide households with help paying rent in the event of an emergency. Check back here for more information as the program develops.

For immediate access to housing and community resources, we recommend contacting 211, a free and confidential service that connects residents with a wide range of local support, including:

• Rental assistance programs

• Emergency shelter and housing referrals

• Food, utilities, and other basic needs resources

• Support for seniors, people with disabilities, and families in need

How much can I increase rent if my tenant receives Section 8/HCV?

The City does not administer the Housing Choice Voucher (Section 8) program. For questions about rent increases for tenants who receive Housing Choice Vouchers, please contact the Housing Authority of Alameda County at (510) 538-8876.

What information am I required to provide tenants to be in compliance with Ordinance 561?

Landlords must provide to each tenant in a rental unit a notice of tenant rights in the three predominant languages spoken in Newark. Landlords must provide these notices at the following times:

• By July 1, 2026

• When entering a new lease or rental agreement

• When renewing a lease or rental agreement

• With a notice of termination of tenancy

• At such times as required by the City of Newark

Landlords must additionally notify tenants of their rights to rent review and mediation when issuing a notice of rent increase. Please be aware of other state requirements concerning notices of rent increase under Civil Code Section 827(b).

What information am I required to provide to the City of Newark?

The following must be supplied to the Planning & Housing Division for all rental units:

• Copies of Termination Notices including notices to the tenants about their right to relocation assistance, if applicable.

• A notice to the City Community Development Department of the status of the residential tenancy within 60 days of sending the tenant a notice of termination.

What do I need to know about selling a property that currently has a tenant in it?

The City of Newark has just cause protections for evictions. Additionally, State Law ensures that tenants who have a rental agreement have the right to remain through the end of the rental agreement under the same terms and conditions (see California Tenants: A Guide to Residential Tenants and Landlords Rights and Responsibilities).

To ensure that you remain in compliance with local and State law, you should contact an attorney for guidance prior to selling a property that is currently occupied by a tenant(s).

How do I evict a tenant?

You must follow Newark and State law regarding evictions. Before starting the eviction process, we recommend you consult an attorney. The City of Newark cannot provide legal advice. Landlords can contact the Alameda County Bar Association or the East Bay Rental Housing Association for referrals.

You must give tenants a written notice of termination of tenancy. In Newark, landlords must list the reason for an eviction. If you do not state the reason for eviction, your tenant can use this as defense against the eviction. If the reason for the eviction is a “no fault eviction”, the landlord may be required to pay relocation assistance to the tenant.

Landlords must also file a copy of the notice to terminate tenancy with the City, which can be submitted via email to housing@newarkca.gov. Review the Alameda County Court self-help page for additional information on the eviction process.

As a landlord, what fees are associated with my rental unit(s)?

Landlords are required to pay two fees:

• Landlords are responsible for paying an annual property registration fee that includes the name and mailing address of the owner or owners of the rental unit, as well as other information deemed necessary by the City. This fee supports the cost of administering just cause and anti-harassment regulations and providing counseling to landlords and tenants on their rights and responsibilities under the ordinance.

• Landlords are responsible for paying an annual rent review and mediation fee. This fee supports the costs associated with conciliation and mediation under the ordinance.

When do I have to pay relocation assistance to my tenants?

Landlords must pay relocation assistance to tenants facing no-fault evictions. The value of relocation assistance shall be equal to two months of the tenant’s rent that was in effect when the landlord issued the notice to terminate the tenancy. Alternatively, tenants may provide one month’s rent and waive in writing the payment of rent for the final month of the tenancy. Any relocation assistance must be provided within 15 calendar days of servicing the notice of termination of tenancy.