(Legislative History: Ordinance No. 2001-08, 4/2/01 (Sections 4-32-200—4-32-210); Ordinance No. 2002-026, 10/7/02 (Section 4-32-210); Ordinance No. 2016-002, 2/16/16 (Sections 4-32-200—4-32-210))
In addition to the notice of a rent increase required by Civil Code Section 827(b), and at the time when a landlord provides notice of any rent increase, the landlord shall also provide notice of the availability of the rent review procedure established by this Chapter. The notice of availability of rent review required by Section 4-32-210 shall be provided by the landlord at the time when a landlord provides notice of any rent increase in the three predominant languages spoken in the City. The City Manager or designee shall determine the predominant languages spoken in the City and shall ensure that copies of the notice of availability of rent review required by Section 4-32-210 are made available to landlords by the City in those three languages. Any rent increase accomplished in violation of this Chapter shall be void, and no landlord may take any action to enforce such an invalid rent increase. Any rent increase in violation of this Chapter shall operate as a complete defense to an unlawful detainer action based on failure to pay any illegal rent increase. Any tenant required to pay an illegal rent increase may recover all illegal rent increase amounts actually paid by the tenant.
If a landlord fails to properly notice a tenant pursuant to this Chapter, the landlord must re-notice the tenant in accordance with this section prior to demanding or accepting any increase in rent.
All notices of the availability of rent review shall be in writing, shall provide the name, address and phone number of the landlord and shall be personally delivered to the tenant or posted and mailed to the tenant at the address of the tenant's residential property by first class mail, postage pre-paid. Service by mail shall be presumed complete within five days of mailing. This presumption may be rebutted by the tenant.
In addition to all other information provided in the notice of the availability of rent review required by this Chapter, each such notice shall state:
NOTICE: Under Civil Code Section 827(b) a landlord must provide a tenant with 30 days notice prior to a rent increase of 10% or less and 60 days notice of a rent increase of greater than 10%. Under Title 4, Chapter 32 of the San Leandro Municipal Code, a landlord must at the same time as a notice under Civil Code Section 827(b) and other qualifying rent increases under the Municipal Code, provide this notice of the City's rent review procedure before demanding or accepting any increase in rent. You are encouraged to contact the owner or manager of your rental unit to discuss the rent increase and any maintenance or repair work that needs to be done in your rental unit. However, if you have received notice of a rent increase that will increase your rent more than 7% above the base rent you paid last month or follows one or more prior rent increases within the past 12 months, you may request that the San Leandro Rent Review Board review the increase. Such a request must be submitted in writing within 21 calendar days of your receiving notice of the rent increase (or post marked within 21 calendar days of receipt if mailed). You must submit a copy of the Notice of Increase at the same time you submit the Hearing Request. If you request review of the rent increase, you and your landlord will be required to appear before the Board for a hearing on your rent dispute. After hearing from you and your landlord the Board will make a non-binding recommendation for resolution of the rent dispute. To request review of your rent increase, please contact the Board through the Community Development Department of the City of San Leandro, 835 East 14th Street, San Leandro, CA 94577. Under Civil Code Section 1942.5, it is illegal for a landlord to retaliate against a tenant for lawfully and peaceably exercising his or her legal rights.