REQUIRED TEXT OF THE NOTICE TO A TENANT FOR A RENT INCREASE ABOVE 5%

FORM RP-03 v1.24.17 CITY OF ALAMEDA RENT PROGRAM www.alamedarentprogram.org PH: (510) 747-4346 FAX: (510) 522-7848 EMAIL: rrac@alamedahsg.org REQUIRED TEXT OF THE NOTICE TO A TENANT FOR A RENT INCREASE ABOVE 5% The City of Alameda s Rent Review, Rent Stabilization and Limitations on Evictions Ordinance [Ordinance No. 3148, Article XV of Chapter VI of the Alameda Municipal Code], effective March 31, 2016, requires that whenever a landlord is required to provide a notice of a rent increase to a tenant under State law and whenever the rent increase is above 5%, the landlord is also required to provide to the tenant a separate notice advising the tenant that the landlord has requested the City s Rent Review Advisory Committee to review the proposed rent increase.. If a landlord fails to provide this separate notice to the tenant, then under the Ordinance, the rent increase is void, the landlord shall take no action to enforce the invalid rent increase, and a tenant may use this failure as evidence in a tenant s defense in an unlawful detainer action based on the tenant s failure to pay the rent increase. The notice required under the Ordinance must be in writing and provide the name, address, phone number and email address of the landlord. The landlord must either personally deliver the notice to the tenant or mail the notice to the tenant by first class mail, postage pre-paid, and addressed to the tenant at the property that the tenant rents. In addition to the name, address, phone number and email address of the landlord, the text of the notice shall be as set forth on the attached form. Important: This text of the notice must be provided with your rent increase notice to a tenant each and every time there is a rent increase above 5%. For a rent increase above 5%, a landlord must also fill out Form RP-04 and submit the form with a copy of the rent increase notice to the Program Administrator no later than 15 days after the tenant has received notice of a rent increase. This document is a public record and is subject to disclosure under the California Public Records Act and the City of Alameda's Sunshine Ordinance. Page 1 of 3

Rent increase Equal to or Less than 5% OPTIONAL: Tenant may request a review of their rent increase by the RRAC if they file for the review within 15 days of receiving the notice. Rent increase ABOVE 5% MANDATORY: Landlord must file the rent increase notice with the Program Administrator within 15 days of serving the tenant. Filing initiates review by the RRAC. Rent Review Advisory Committee renders a recommendation if parties do not agree after mediation. Tenant and Landlord agree to recommendation. OR X Tenant or Landlord disagrees with recommendation. NON-EXEMPT UNIT If the original rent increase was ABOVE 5% EXEMPT UNIT If the rent increase was EQUAL TO OR LESS THAN 5% Petition filed within 15 days. If not filed, RRAC recommendation is BINDING Appeal filed within 7 days. If not filed, RRAC recommendation is NON-BINDING Rent Dispute Hearing Officer BINDING decision *Delayed rent increase* City Council NON-BINDING decision

RENT INCREASES City of Alameda Requirements *The first rent increase on or after March 31, 2016 must offer the tenant a one year lease At or Belo w 5% TENANT Notice Tenant 1. Notice the Tenant following State law 2. The rent increase notice must include the exact text as stated in the bold section of form RP-02 Above 5% TENANT Notice Tenant 1. Notice the Tenant following State law 2. The rent increase notice must include the exact text as stated in the bold section of form RP-03 HOUSING AUTHORITY OF CITY OF ALAMEDA File with Program Administrator 3. File form RP-04 with the Housing Authority of the City of Alameda within 15 calendar days of serving the rent increase notice to the Tenant - Include a copy of the rent increase notice with the required language from form RP-03 RENT REVIEW RRAC Attend hearing 4. A person with ownership interest must attend the Rent Review Advisory Committee hearing A hearing will be dismissed if: - Landlord & Tenant have agreement - form RP-05 is filed

State of California Rent increase Noticing Fact Sheet Notice must: Include all tenants who are responsible of paying rent Be dated Be properly served on the tenants who are responsible for paying the rent Minimum Effective Time Period (CC 827) Increase 10% or less Minimum 30 days service before effective date. Increase above 10% Minimum 60 days service before effective date. Delivery (Civil Code 827(b)(1)(A)(B); CCP 1013) Personal Service The best type of service of the 30 or 60-day notice is to simply hand your tenant the notice. Handing the notice to anyone that is not listed as a tenant on the written rental agreement is not sufficient. It is not necessary that the tenant accepts the notice in their hands, and you should never force tenants to take the notice. If the tenant refuses to accept the notice, simply lay it down at the tenant s feet and walk away. Service is legally effective. Mailing a Notice You can serve a notice by first class mail addressed to the tenant at the rental address. Certified mail requiring a return receipt may not reach a tenant who refuses to sign and accept. If you choose to mail the notice instead of personal service, you must give the tenant an additional five days notice (if mailing within the same state). This means 35 days notice for a 10% or less increase and 65 days for an increase over 10%. *It is also best practice to have a Proof of Service of who served the notice and to whom and when.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 60-DAY NOTICE TO CHANGE THE TERMS OF YOUR RENTAL AGREEMENT - ALAMEDA To:, Resident(s) and all others in possession of Apt. No., located at (Street Address) in the city of, California PLEASE TAKE NOTICE that in accordance with the governing State and local laws and ordinances, that sixty (60) days after service upon you of this notice or beginning, 20, whichever is later, the terms of your rental agreement for the above described property are hereby changed as follows: YOUR MONTHLY RENT shall be increased from $ per month to $ per month, an increase of $ per month. YOUR SECURITY DEPOSIT shall be increased from $ to $, an increase of $. TOTAL AMOUNT DUE and payable by the above stated time period: OTHER CHANGES: New Monthly Rent: Security Deposit Increase: Other: Total Due: $ $ $ $ Except for the above changes, all other terms of your Rental Agreement shall remain in full force and effect. Dated: (Month/Day), 20 Per Ordinance 3148, Section 6-58.35. Offer of a One Year Lease A Landlord shall offer one time a one year lease to: By:, OWNER(S), AGENT A. Any prospective Tenant. B. Any current Tenant with a lease at the first time the Landlord serves a notice of Rent Increase following the effective date of this Ordinance unless (1) the current lease is not a fixed term lease and the Landlord has served on the Tenant a Notice to Vacate or (2) the Tenant is in default under the lease and offering a lease to the Tenant may waive any claims the Landlord has regarding the default. If the current lease is not a fixed term lease the Landlord shall not offer the Tenant a fixed term lease unless the Tenant requests such a lease. The Landlord must offer a Tenant a lease that has terms materially the same as the terms in the current lease as to duration Housing Services and household composition provided such terms do not conflict with this Article. C. Any current Tenant on a month to month tenancy at the first time the Landlord serves a notice of Rent Increase following the effective date of this Ordinance unless the Landlord has notified the Tenant that the Tenant is in default under the month to month tenancy and offering a lease to the Tenant may waive any claims the Landlord has regarding the default. AOA Form No. 106A (Rev. 03/17) - Copyright 2006 - Apartment Owners Association of California, Inc. www.aoausa.com San Fernando Valley: (818) 988-9200 - Los Angeles: (323) 937-8811 - Long Beach: (562) 597-2422 - Garden Grove: (714) 539-6000 - San Diego: (619) 280-7007 Northern California: (510) 769-7521

FORM RP-03 v1.24.17 Landlord s Name: Address: Phone Number: E-mail Address: Tenant s Name: Address: 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 must provide a Tenant with 60 days notice of a Rent Increase greater than 10%. Because your Landlord proposes a Rent Increase that is greater than the Maximum Increase (as defined in subsection P of Section 6-58.15 of the Alameda Municipal Code), under Article XV of Chapter VI of the Alameda Municipal Code your Landlord must at the same time provide this Notice that advises you that the Landlord has requested the City s Rent Review Advisory Committee to review the Rent Increase. If your Rental Unit is not exempt from certain provisions of the City s Rent Review, Rent Stabilization and Limitations on Evictions Ordinance, the Rent Increase will not go into effect until the Committee reviews the Rent Increase, unless you and your Landlord agree otherwise. If your Rental Unit is exempt from certain provisions of the City s Rent Review, Rent Stabilization and from certain provisions of the City s Rent Review, Rent Stabilization and Limitations on Evictions Ordinance and if the effective date of the Rent Increase is before the date of the Committee s hearing, you must pay the Rent Increase. You will need to contact the Program Administrator (rrac@alamedahsg.org) as to whether your Rental Unit is or is not exempt from certain provisions of the City s Rent Review, Rent Stabilization and Limitations on Evictions Ordinance. The City s Program Administrator (rrac@alamedahsg.org) will advise you of the date, time and place of the Committee s hearing concerning its rent review. If you and your Landlord reach agreement as to the Rent Increase before the hearing, you and your Landlord must provide written confirmation to the Program Administrator concerning the terms of such agreement. If no agreement is reached, you and your Landlord must appear before the Committee concerning the Rent Increase. If you fail to appear at the hearing, the Committee will not consider the matter and you will be precluded from seeking further or additional review of the particular Rent Increase under the City s rent review procedures. At the hearing, the Committee will make a decision concerning the Rent Increase. You and your Landlord may agree to accept the Committee s decision. Depending This document is a public record and is subject to disclosure under the California Public Records Act and the City of Alameda's Sunshine Ordinance. Page 2 of 3

FORM RP-03 v1.24.17 on whether your Rental Unit is or is not exempt from certain provisions of the City of Alameda s Ret Review, Rent Stabilization and Limitations on Evictions Ordinance, the decision of the Committee may be non-binding or may become binding on you and your Landlord. If your Rental Unit is not exempt from certain provisions of the City s Rent Review, Rent Stabilization and Limitations on Evictions Ordinance, and if you or your Landlord do not agree with the Committee s decision, you or your Landlord may file a petition with the Program Administrator within seven calendar days of the Committee s decision and have the determination of the Rent Increase decided by a neutral Rental Dispute Hearing Officer whose decision is final and binding. If you or your Landlord do not agree with the Committee s decision and do not file a timely petition, the Committee s decision will be binding on you and your Landlord. You will need to contact the Program Administrator (rrac@alamedahsg.org) concerning whether the Committee s decision will be binding on you and your Landlord if you or your Landlord do not file a timely petition. If your Rental Unit is exempt from certain provisions of the City s Rent Review, Rent Stabilization and Limitations on Evictions Ordinance, the Committee s decision as to the Rent Increase is non-binding on you and your Landlord. You will need to contact the Program Administrator concerning whether the Committee s decision will be non-binding on you and your Landlord. It is illegal for a Landlord to retaliate against a Tenant for the Tenant s lawfully and peacefully exercising his or her rights including a request for the Committee to review a Rent Increase. Civil Code, section 1942.5. A Landlord s efforts to evict a Tenant within six months of a Tenant s participating in the City s rent review process may be used as evidence of a retaliatory eviction. This document is a public record and is subject to disclosure under the California Public Records Act and the City of Alameda's Sunshine Ordinance. Page 3 of 3

Staff Use Only FORM RP-04 v1.24.17 Unit Status: CASE NUMBER Third-party decision: CITY OF ALAMEDA RENT PROGRAM www.alamedarentprogram.org PH: (510) 747-4346 FAX: (510) 864-0879 EMAIL: rrac@alamedahsg.org Landlord s Request for a Rent Increase Above 5% Instructions: This form must be filed by a landlord when a rent increase above 5% is noticed to a tenant, unless the unit meets the definition in Section 6-58.15, subsection Z, Alameda Municipal Code of an unregulated Rental Unit. If the landlord receives assistance for the rent for this rental unit through the Section 8 Housing Choice Voucher Program, the rental unit is not regulated by the Rent Program and the landlord does not have to file this form. Review: In filing this form, the landlord initiates the required review of the rent increase by the City s Rent Review Advisory Committee. Timeline: Valid rent increase documents filed by the 10th will be reviewed on the first Monday of the following month. This schedule may vary depending on volume of rent increases submitted. Contact staff for more information. 1. This form becomes a public record when submitted. 2. A copy of the rent increase notice, with the required text of form RP-03, must be submitted with this form. 3. The Program Administrator will send to the affected tenant a copy of this form and a notice to appear at a hearing before the Rent Review Advisory Committee. 4. The Committee s hearing may be cancelled if the Program Administrator receives a written agreement (form RP-05) signed by the tenant and landlord no later than 2 business days prior to the day of the hearing. 5. If the Program Administrator determines that the rental unit is not an exempt rental unit as set forth in Section 6-58.130 of the Alameda Municipal Code, the rent increase will not go into effect any earlier than the time the Committee considers the rent increase, unless the tenant and landlord have entered into a written agreement prior to the hearing and file form RP-05 with the Program Administrator. 6. If the Program Administrator determines the rental unit is an exempt rental unit as set forth in Section 6-58.130 of the Municipal Code, the rent increase will go into effect on the date specified in the rent increase notice. 7. All reasons and supporting documentation for the rent increase must be attached to this form. SUBMIT THIS FORM TO THE PROGRAM ADMINISTRATOR BY ADDRESS: Rent Program or EMAIL: rrac@alamedahsg.org or FAX: 510-864-0879 701 Atlantic Avenue Alameda, CA 94501 This document is a public record and is subject to disclosure under the California Public Records Act and the City of Alameda's Sunshine Ordinance. Page 1 of 5

FORM RP-04 v9.27.16 CASE NUMBER 8. A person with an ownership interest in the rental unit or property in which the rental unit is located must attend the Committee s hearing. If such person does not attend, the rent increase will be void. If the case is scheduled for a RRAC hearing, Form RP-11 must also be submitted. 9. If a landlord is seeking a rent increase above 5% based on Capital Improvements, the Rent Review Advisory Committee will not review the rent increase but a Capital Improvement Plan must be submitted. Please review the Capital Improvement Plan Policy, available at http://www.alamedarentprogram.org/cip/, for further information on the requirements for submitting a Capital Improvement Plan. 10. If the rental unit is not an exempt rental unit as set forth in Section 6-58.130 of the Municipal Code, the decision of the Rent Review Advisory Committee will be binding on the landlord and the tenant unless a timely petition is filed with the Program Administrator after which a neutral hearing officer, whose decision is binding, will decide the matter. If the rental unit is an exempt rental unit as set forth in Section 6-58.130 of the Code, the decision of the Committee is not binding on the landlord or the tenant. Ordinance 3148 Compliance The request for a rent increase is in compliance with City of Alameda regulations because the following requirements have been satisfied. If this is the first rent increase on or after March 31, 2016, the landlord has offered the tenant a one year lease. No more than one rent increase has been noticed in the 12 months prior to the effective date of the rent increase. The landlord has provided to the tenant a copy of Ordinance No. 3148, any regulations to carry out the Ordinance and informational brochures about the Ordinance. The notice to the tenant of the rent increase included the required text from Ordinance No. 3148 (Section 6-58.65, Alameda Municipal Code). This form is submitted to the Program Administrator within 15 calendar days from the date the rent increase notice was served on the tenant. I certify that all of the information above is true to the best of my knowledge and belief. This document is a public record and is subject to disclosure under the California Public Records Act and the City of Alameda's Sunshine Ordinance. Page 2 of 5

FORM RP-04 v9.27.16 CASE NUMBER Signature (Property Owner) Print Name Date Tenant s Name: Email Address Phone Person with ownership interest who will attend the RRAC meeting: Name Phone Email Address 1. What is the amount of the requested rent increase? $ per month ( %) If the rent increase notice offers several different rate options dependent on lease terms, please list the offers below. 1 2 Amount of rent Amount of rent $ $ Option Option 3 $ Amount of rent Option Example: Amount of rent $1,500 Option Month-to-month 2. Rent Increase History for current tenant DATES (Month, Day, Year) AMOUNT A. Present rent: From to $ B. Prior rent: From to $ C. Prior rent: From to $ 3. How many months and/ or years has the current tenant rented the unit? 4. What is the rental agreement duration term? Lease Month-to-Month Other 5. Does the unit receive Section 8 Housing Choice Voucher rental assistance? No Yes This document is a public record and is subject to disclosure under the California Public Records Act and the City of Alameda's Sunshine Ordinance. Page 3 of 5

FORM RP-04 v9.27.16 CASE NUMBER (Please note, any unit receiving Section 8 assistance is not required to use this form and must follow rent increase procedures under the Section 8 program.) 6. In the past 24 months, has the building changed ownership? Yes No Don't Know 7. Is the unit a single-family home, condominium, or a unit in a building for which a certificate of occupancy was issued after February 1995? No Yes 8. Number of Units in Building Stories 9. Approximate Age of Building 10. Check any utilities, fees, or services that were included in rent before the rent increase: Gas Electricity Water Cable TV Parking Pet rent Other: 11. Are there any utilities or fees that were included in the rent before the rent increase, but are now being charged separately from the rent amount? Yes No If yes, please list the new charges or fees in addition to the rent: 12. Check information concerning the unit: A. Furnished? Yes No B. How many bedrooms? C. How many bathrooms? D. Current number of occupants? Adults Children Pets E. Amenities: Parking: Off Street Covered Garage Elevator Security Building Pool None Other This document is a public record and is subject to disclosure under the California Public Records Act and the City of Alameda's Sunshine Ordinance. Page 4 of 5

FORM RP-04 v9.27.16 CASE NUMBER Please state the reason(s) for increasing the rent above 5%. In deciding rent increases, common factors considered by the Rent Review Advisory Committee may include, but are not limited to: the frequency, amount and the presence or absence of prior rent increases the landlord's costs of operation any increases or decreases in housing services since the last rent increase the financial impact on the tenant the landlord's interest in earning a just and reasonable rate of return on the landlord's property 1. 2. 3. This document is a public record and is subject to disclosure under the California Public Records Act and the City of Alameda's Sunshine Ordinance. Page 5 of 5