Fremont, CA Rental Property Rules: Repairs & Habitability (2026)
Key Facts
- Governing section
- FMC 8.70.030
- Eligibility trigger
- Order to vacate for unsafe unit
- Decision maker
- Building official, sole discretion
- Landlord penalty
- Up to $10,000 for nonpayment
- Appeal deadline
- 7 days to city manager
- State law basis
- Cal. Health & Safety Code Sec. 17975
Summary
Fremont Municipal Code 8.70.030 entitles a tenant to city-backed relocation assistance when the building official determines a rental unit cannot be safely occupied while severe habitability violations are brought into code compliance. The building official sets the amount and duration of benefits, and the city can advance payment and then bill the landlord if the landlord refuses to pay.
A tenant shall be eligible for relocation assistance and payments pursuant to this chapter and Cal. Health & Safety Code §§ 17975 et seq. when the city determines that the condition of a building or portion thereof is such that a residential unit cannot be safely occupied by that tenant while the building or portion thereof is being brought into code compliance. ... The building official shall have sole discretion to determine the amount, type and duration of the relocation benefits pursuant to this chapter and Cal. Health & Safety Code §§ 17975 et seq. The property owner or designated agent and any displaced tenant or his or her representative shall be entitled to meet with the building official to present facts demonstrating that relocation benefits should or should not be paid.
Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 02-2026, passed May 5, 2026).
Full Breakdown
010. It implements Cal. 5, which require an owner to pay relocation costs when conditions endanger residents' immediate health and safety. 030(b) if the tenant is offered a right to return within 29 days, is given a comparable replacement unit, caused or substantially contributed to the condition, the damage stems from a natural disaster, the unit is an emergency shelter, or the tenant is in unlawful rent default. The building official has sole discretion over the amount, type and duration of benefits, but must let both the landlord and the tenant present facts before deciding.
040(c) if unpaid. A property owner or tenant who disputes an eligibility or payment determination must file a written appeal with the city manager within seven days, and an owner appealing an amount must first deposit the disputed sum unless the building official waives it for hardship; the city manager must try to decide within 30 days, and that decision is final with no further appeal to the city council.
Violations & Fines
A landlord who does not pay required relocation benefits after the city advances them owes the city the amount advanced, a penalty up to $10,000 (half the amount paid), and the city's administrative recovery costs, secured by a lien if unpaid. If the city bills an owner, the owner has 20 days to appeal which tenants were properly "displaced tenants," and an owner who loses that appeal also owes the hearing cost, capped at $5,000.
Frequently Asked Questions
When does a Fremont tenant qualify for relocation help under this ordinance?
What happens if my landlord refuses to pay relocation benefits?
Can a landlord dispute how much they owe the city?
Is every tenant in a substandard Fremont unit eligible for relocation money?
Sources & Official References
Other rules in Fremont
California rules heatmap·Compare Fremont to another location·View the California rental property rules overview
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Repairs & Habitability in Nearby Cities
How other cities in Alameda County handle repairs & habitability.