Retaliation 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
Presumption period	6 months. Applies: Applies after a tenant uses rights under the state anti-retaliation law; landlord action in that time is presumed retaliatory. § 9-5.307 · code text In any action by or against the tenant, evidence of the exercise by the tenant of his/her right under Section 1942.5 of the Civil Code occurring within six (6) months of the alleged retaliation shall create a presumption that the landlord's conduct was in retaliation for the tenant's exercise of rights under this code.
Protected activities	Filing a complaint with the City that a code violation may exist. § 9-5.307 · code text No landlord may retaliate against a tenant for exercising his or her right under Section 9-5.305 of this code to file a complaint with the City that a code violation may exist. Using any right under the rent ordinance, including filing a petition. § 12-1.12 · code text Retaliation against a Tenant because of the Tenant's exercise of right under the Ordinance is prohibited.
Remedies	Civil action for injunctive relief or damages, or both; actual damages (including emotional distress) or at least $1,000, whichever is greater, tripled for a knowing or reckless violation; up to $5,000 more per violation against a veteran, a disabled tenant, or a tenant 65 or older; a prevailing tenant recovers reasonable attorney's fees Applies: Violations of the harassment or retaliation rules (12-1.12(b) or (c)); for service, repair, rent-refusal or quiet-enjoyment claims the tenant must first notify the landlord and allow 15 days to correct § 12-1.12 · code text An aggrieved Tenant may bring a civil action for injunctive relief or damages, or both, for any violation of Section 12-1.12(b) or Section 12-1.12(c). A city lawsuit for a court order or damages, or both, or an administrative citation or civil penalty. Applies: When the violator has a pattern and practice of violating the harassment and retaliation rules. § 12-1.12 · code text The City Attorney may enforce Section 12-1.12(b) or Section 12-1.12(c) through civil action for injunctive relieve or damages, or both, when a party against whom enforcement is sought has a pattern and practice of violating Section 12-1.12 (Prohibition Against Retaliatory Eviction and Harassment Against Tenants). The City Attorney may also request that an administrative citation or civil penalty be issued by the City. The violator pays the City's costs of abating and prosecuting the violation. Applies: In addition to the other remedies. § 12-1.12 · code text In addition to the remedies provided in this section, a violator is liable for such costs, expenses, and disbursements paid or incurred by the City in abatement and prosecution of the violation.

The California rule underneath

CA state law Underneath, California law still applies. Retaliation protection period: For 180 days after a tenant complains about habitability (to the landlord or an agency), the landlord may not evict, raise rent or cut services in retaliation (Civ. Code § 1942.5(a), (b)). Retaliatory eviction in California — the full state rule →

Who this affects

TenantsLandlordsProperty managers

Retaliation in Hayward

What Hayward's code says

The California rule underneath

Who this affects

Ask about a specific Hayward property

More on renting & eviction in Hayward