If you’re buying a rented property in Hayward, the Residential Rental Inspection Program belongs on your closing checklist. It can affect what records you request, which property conditions deserve closer attention, and what a new owner in the self-certification program must submit after escrow closes.
The City of Hayward says it has maintained the program since 1989. Its stated purpose is “to provide safe and healthy housing choices through the safeguarding and preservation of the City’s housing stock.” This guide is general information, not legal or tax advice.
What is Hayward’s Residential Rental Inspection Program?
Hayward’s Residential Rental Inspection Program is a city program that reviews rental properties for housing and property maintenance conditions.
The city says the program and the Rental Housing Inspection Ordinance apply to all rental housing units and to all hotel and motel units defined in the ordinance. The available documents do not say whether an owner-occupied home with a rented room is handled differently or create a separate rule here for single-family rentals. Ask the Code Enforcement Division how the program applies to the property you are considering.
Inspectors review interior and exterior conditions and issue corrective notices when they identify violations. The city’s common-violations sheet says inspections are based on the International Property Maintenance Code and the California Building, Mechanical, Plumbing, and Electrical codes.
Another city, Hesperia, runs a similar program, covered in this guide to Hesperia’s rental license.
How can an inspection start?
An inspection can start through a tenant request, an owner or designee request, or a periodic inspection conducted by the city.
The city says owners are subject to rental housing inspections upon notification. Its public materials do not state how properties are selected for periodic inspection or give a fixed inspection frequency. Ask the seller what notices have arrived, what inspections have occurred, and whether any corrective notice remains open.
A tenant who believes a unit has Housing Code violations should contact the landlord first and allow adequate time for repair, usually within 30 days. If there is no compliance within a reasonable time, the tenant may request an inspection from Code Enforcement. The tenant notice says Hayward Municipal Code Section 9-5.305 includes protection from retaliation for tenants who file a complaint about a code violation.
The notice also says two copies must be signed when any residential lease or rental agreement is executed in Hayward, citing Section 9-5.306. Ask for the current notice and signed copies associated with existing tenancies.
What do inspectors commonly flag?
The city lists un-permitted construction or installations, missing or non-functional smoke detection devices, faulty mechanical appliances, faulty weather protection, faulty plumbing, junk and debris, mold and mildew damage, and general deferred maintenance as the most common violations.
Its common-violations sheet gives more concrete items. Smoke detectors are required in all sleeping rooms, common areas, hallways leading to a bedroom, and each story level. Carbon monoxide detectors are required in areas and hallways leading to bedrooms and on each story level. The sheet also lists a non-operable or difficult-to-open bedroom emergency egress window, insect or rodent infestation, visible mold or dampness in habitable rooms as determined by an inspector, and a garage-to-living-area door that is not a solid-core door at least 1-3/8 inches thick.
Water heaters receive attention too. The sheet lists a water heater that is not secured to meet seismic standards and one installed without required permits. Buyers can also read the guide to earthquake retrofits.
One small detail can cause a failed inspection: the city says a heating unit’s pilot light must be lit before the inspection or the unit will fail it. Identified violations result in a failed inspection and penalty fees.
How does self-certification work?
Self-certification lets a qualifying owner opt out of mandatory inspections while the property remains in good standing.
The City Council approved an ordinance amendment adding this option on May 13, 2014. The city describes it as a reward for owners with a history of responsible property management. All rental properties, including those using self-certification, must pay annual rental program fees.
Eligibility requires no previously identified and uncorrected violations of the listed municipal, property maintenance, building, housing, and health and safety codes. The property also must have no outstanding citations, inspection fees, abatement fees, or other charges due to the city. The owner or designee inspects every rental unit, the exterior, and the site, then certifies the property against the checklist.
After receiving a completed application-affidavit, the city may, if applicable, randomly inspect at least one in five units. If the complex fails verification, the owner receives 30 days to correct the violations. If violations remain at re-inspection, the property is ineligible for self-certification and may not reapply until five calendar years from the compliance date.
The city says the owner receives further program information within 60 days after returning the documents to facilitate acceptance or denial.
What does ownership change require?
For a property in the self-certification program, the property owner is to notify the city of the change of ownership upon close of escrow. The new owner is required to re-submit the self-certification application-affidavit and conduct a self-inspection.
That requirement matters even when the property is already approved. The city’s instructions require a fresh filing and certification from the new owner. They do not say that a buyer inherits an old inspection result or explain what happens to an open violation when the property is sold. Ask the division about any unresolved item.
Once approved, an owner must inspect the property annually. Each rental unit must be certified at least once every calendar year and upon a change in tenancy. Failure to return the application-affidavit annually results in loss of self-certification status.
A buyer considering a Hayward rental focused on the tenants and current income but had not asked for the property’s inspection history. We requested the available rental-program records and discussed any unresolved items before he removed his contingencies. He needed to know whether he would inherit compliance work along with the leases.
What should you ask before closing?
Before closing, ask for the property’s program status, inspection records, corrective notices, self-certification documents, and confirmation of the buyer’s next filing.
Start with direct questions:
- Is the property currently in self-certification?
- Can the seller provide the latest checklist and application-affidavit?
- Has the city issued an inspection notice or corrective notice?
- Are any violations, citations, inspection fees, abatement fees, or charges outstanding?
- Has every rental unit been certified during the current calendar year and after any change in tenancy?
- What does Code Enforcement require from the new owner after escrow?
- Are the forms being provided the current versions?
Forms the city posts carry revision dates from 2015 to 2018, while some self-certification documents are undated. Ask the division for current versions before relying on a form.
Unpermitted work deserves particular care. The city’s 2017 form says violations involving required permits are subject to two times the required permit fees, plus a $125 illegal project fee and regular permit fees. Listed examples include windows installed without permits, a garage converted to habitable space, and a patio cover or shed built without approval and permits.
If the transaction also involves the seller’s broader expenses, the guide to the cost to sell a house in California provides a separate planning reference.
Who should you contact about the program?
Contact Hayward’s Code Enforcement Division at (510) 583-4175 or [email protected].
The city page, tenant notice, and application-affidavit give that phone number. A separate instructions PDF lists a different number, so confirm the current contact details and procedure with the division.
The published materials do not explain what happens to an open violation at sale, how properties are selected for periodic inspection, or whether a particular rental arrangement is treated differently. The division can confirm those points and provide current forms.
Certain hospital, care facility, nonprofit home for the aged, educational dormitory, and resident-controlled nonprofit cooperative accommodations are listed as exempt from the mandatory inspection program and annual fee. Confirm any claimed exemption before closing.
The short version
Hayward rental buyers should check the property’s inspection and self-certification status before closing. For a property in the self-certification program, the property owner is to notify the city of a change of ownership upon close of escrow, while the new owner must re-submit the application-affidavit and conduct a self-inspection.
Self-certification is available only to qualifying properties in good standing. It requires annual property inspections, certification of every unit at least once each calendar year and upon a change in tenancy, prompt repairs, and retained checklists. Any falsification of the application-affidavit is grounds for dismissal from the self-certification program.
For another part of your property review, try the home value tool.
Common questions
Does Hayward's rental inspection program apply to all rental units?
The city says the program and Rental Housing Inspection Ordinance apply to all rental housing units and to hotel and motel units defined in the ordinance.
Can a qualifying rental property use self-certification?
Yes. A qualifying owner may opt out of mandatory inspections while the property remains in good standing, but annual rental program fees still apply.
What happens to self-certification after a sale?
The property owner is to notify the city of the change of ownership upon close of escrow. The new owner is required to re-submit the application-affidavit and conduct a self-inspection.
How many units may the city inspect for self-certification verification?
If applicable, the city may conduct a random inspection of at least one in five units after receiving the completed application-affidavit.
Who should a buyer contact about the program?
Contact the Code Enforcement Division at (510) 583-4175 or [email protected], and confirm the current contact details because city documents disagree on one phone number.
