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Hayward, CA Rental Property Rules: Repairs & Habitability (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing ordinance
HMC Chapter 9, Article 5
Enforcement Official
City Manager or designee
Correction period
Minimum 10 calendar days
Imminent danger
Immediate correction can be ordered
Appeal window
10 days to request hearing
Unpaid fees
Become a lien/special assessment

Summary

Hayward's Residential Rental Inspection Ordinance requires every rental unit, hotel and motel room to be kept decent, safe and sanitary. The City Manager's Enforcement Official checks compliance against state and local housing, building and health codes and can order fixes with a hard deadline.

The purpose of this code is to safeguard the stock of decent, safe, and sanitary rental housing units within the City and to protect persons entering or residing in them by providing for inspection of rental housing units and the common areas when certain indicators show that violations of State or local codes may exist in a unit or pursuant to a systematic area-wide inspection program.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Municipal Code: Supplement 28 Update 1 | Charter: Supplement 1).

Full Breakdown

The Residential Rental Inspection Ordinance (HMC Chapter 9, Article 5) states its purpose is "to safeguard the stock of decent, safe, and sanitary rental housing units within the City and to protect persons entering or residing in them." That standard applies to every rental housing unit, hotel and motel room in Hayward and is enforced by the Enforcement Official, defined in Section 9-5.202 as the City Manager or a designee. Compliance is measured against the California Code of Regulations, State Housing Code, California Building, Plumbing, Mechanical and Electrical Codes, the Uniform Code for the Abatement of Dangerous Buildings, and the Hayward Municipal Code itself.

When the Enforcement Official finds a rental property maintained in violation of these standards, Section 9-5.309 requires a written correction notice naming the sections violated, with a correction deadline of no less than ten calendar days unless the condition is an imminent danger to health or safety, in which case immediate correction can be required. An owner may request an Administrative Hearing within ten days of the correction notice to dispute the findings, with judicial review available under Section 1-7.13. Annual inspection fees and penalty charges are set by City Council resolution under Section 9-5.401, and unpaid fees can become a lien or special assessment on the property under Section 9-5.501, following the notice procedure required by Government Code Sections 38773.1 and 38773.5. The habitability duty sits alongside, and does not replace, the minimum housing standards set by state law under Health and Safety Code Section 17920.3.

Violations & Fines

Owners who fail to correct a cited violation within the notice period face continued code enforcement action, inspection and re-inspection fees under the City's Master Fee Schedule, and a lien or special assessment against the property if fees go unpaid after the required lien hearing notice. An imminent danger to public health or safety authorizes the Enforcement Official to require immediate correction rather than wait out the ten-day window.

Frequently Asked Questions

What habitability standard applies to Hayward rentals?
Every rental housing unit, hotel and motel room must be kept decent, safe and sanitary under HMC Section 9-5.102, measured against state housing, building and health codes plus the Hayward Municipal Code.
Who enforces habitability rules in Hayward?
The Enforcement Official, defined by Section 9-5.202 as the City Manager or a designated staff member, administers inspections and issues correction notices under the Residential Rental Inspection Ordinance.
How long does a landlord have to fix a violation?
Section 9-5.309 requires at least ten calendar days unless the condition is an imminent danger to health or safety, in which case the Enforcement Official can require immediate correction.
Can a landlord dispute a correction notice?
Yes. Section 9-5.309 lets an owner request an Administrative Hearing within ten days of the notice to contest the findings, with judicial review available under Section 1-7.13 if the hearing officer rules against them.

Sources & Official References

Other rules in Hayward

All Hayward rules

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