Rent Control

Some cities have rent control, eviction protections, mediation, 
or mobilehome rent controls

 

    Rent control is a special set of laws that particular cities adopt. It generally includes rent increase
limits and eviction restrictions. Some cities' rent controls require relocation assistance to be paid to
tenants under certain circumstances, and interest on security deposits.  Check the list.

    These laws do not apply to other cities, nor to every rental unit in the city. One of the most
commonly misunderstood ideas by tenants is that they were under rent control, when they weren't.
Don't assume. Find out. For a simplified look at Los Angeles rent control, look here.

    Los Angeles, Santa Monica, Beverly Hills, and West Hollywood have rent control, but Glendale, Burbank, Torrance, Pasadena,  Downey, and other cities nearby have nothing like it. Tenants may live in
such places as Encino, Van Nuys, Northridge, San Pedro, Venice, and Hollywood, and think they
do not live in "Los Angeles." However, these are all parts of the City of Los Angeles, and not separate
cities, at all. These are rent controlled areas.  Here's a map to help you determine if you're an Angeleno.

    In contrast, people living in this general area of the country we call "LA" may actually live in a
separate city, falsely believing that they have rent control to protect them. If you are in the Los Angeles area and pay water and electricity, check your bill to see what city is getting it. Los Angeles has "DWP" as their utility.

    Adding to the confusion is what structures have rent control. Just because they are in a rent
controlled city does not include them within the protection of those laws. For example, Los Angeles
passed rent control in 1978 amid cries from the landlords that rent control would prevent future
apartment construction, so Los Angeles exempted any structure built after October, 1978 as a
political compromise. Newer structures [built after 1978] in Los Angeles are not under rent control, at all. 

    Under the "Costa-Hawkins" law, when a tenant voluntarily leaves or is evicted for most reasons [ie, not 30-day notice, nor after change of a term, for that term], the landlord can raise the rent to ANY AMOUNT for the new tenant, whose rents are thereafter locked into the rent control limits [3% or whatever].  Any rental unit built after 2/1/95, as well as houses and condos, are not under rent restrictions.  Even where these rent restrictions do not apply, eviction protections do continue. 

    Two new additions to LA Rent Control are worth noting. Ordinance 175130 [3/5/03] now prohibits the landlord from changing terms of tenancy [other than legal rent increases and government required terms] without mutual agreement of the tenant. Ordinance 174501 prohibits landlords from raising the tenant's portion of rent [eg, beyond the legal 3%] after terminating a rental assistance program, like Section 8; the landlord can get out of the program, but gives up all the assistance money if he does.

    Another exclusion applies to single family dwellings: a rented house by itself on a lot is not under rent control, but a duplex or "two on a lot" houses would be under rent control [if built before 1979]. There are other exclusions like college dorms, motels, and hospitals.

    Cities that have rent control provide call-in numbers where you can find out whether the area you
live in has rent control and whether your unit is registered under that rent control. You can also have
them mail you a packet of the rent control law, if you love the details.

Gouging Rent Increases

    Normally, rent can be increased with a 30-day notice.  However, due to the current wave of rent hikes, effective January 1, 2001, newly revised Civil Code Section 827 requires a 60-day notice if the rent increase will make that year's increases exceed 10%.  The idea is to give tenants the ability to adjust to gouging rent increases, but not to stop them. The calculation is a little weird; it doesn't have to be a large rent increase at once, but just the total of increases over a year.  This new law will mostly affect the expensive rentals, which also tend to have proportionately much bigger hikes.  Also, it does not affect yearly leases, but only month-to-month [or shorter] tenancies. This law expires automatically in 2006, unless the Legislature extends the time or makes it permanent.

    For example, if last year in January you were paying $500, and the landlord already raised the rent $25 in July, an increase for more than $25 this January would require a 60-day notice, because the total of increases for the year would be more than $50, 10% of $500. If the increase total was 10% or less for the year, all you get is the 30-day notice. If the year's rent increases already total 10% and the landlord then wants to increase rent by one dollar, it has to be by 60-day notice, to mitigate the impact.

    The new law also adds 5 days for mailed notices of change of terms of tenancy. A mailed 30-day notice is effective 35 days later; a mailed 60-day notice is effective 65 days later.

How Can We Get Rent Control?

   Rent control is really only necessary where the vacancy rate in the area is below about 5%, because at about that point, landlords don't worry about having a vacancy by raising the rent or neglecting repairs, and you don't have much of a choice when you look around. Consequently, rent control is a law passed by cities where the housing market is tight and rents are going up just because landlords are in control of a necessity of life that is in short supply.  Rent control is not likely going to be a state law, because the problem is local.

   There are two ways to get rent control. The easiest but weakest is for your City Council to enact it, as Los Angeles did. The hardest but strongest is where tenants organize and put rent control on the ballot by getting petition signatures [and then the voters approve it], like Santa Monica did. Both of these require tenant voting clout, that a large number of tenants are registered to vote, do vote in the local election, and all vote together. If the City Council enacts it, it would be an ordinance [city law], but the voters can make it a Charter Amendment [a city constitutional change, more powerful]. 

    Your first step would be to go to the City Council meeting, and during the Oral Presentation portion [or whatever public input is called there], you tell them about the problem and ask if they are considering enacting rent control [like Beverly Hills, Palm Springs, San Francisco, Santa Monica, and other high class towns have], or at least Just Cause Eviction, like Glendale [a notoriously conservative town] has. You want to mention these towns in your presentation, since their first knee-jerk reaction is that "rent control destroys cities," but they can hardly say that about those cities. 

    They say whatever publicly, but you then make an appointment with them individually to see where they personally stand and how far they would go. You might find that Just Cause Eviction is not objectionable, and that they might even agree with paying relocation assistance for tenants of buildings being demolished or going through major rehabilitation or termite fumigation. Avoid being confrontational with them. They don't want to offend the landlord contributors to their campaigns, but may be sympathetic enough to put their political toe into the water. If you get a majority of them to privately approve of something, one of them has to introduce the idea in public discussion.

   If the City Council is going to enact something, they want to be heroes for doing it, even if it's short of rent control. While they are getting ready to take that step, you'll want to be in touch with the local newspaper to talk about your plan to organize tenants for better legal protections. Once you're in the news, other tenants will start to contact you, and you can form a group that can all go the City Council and amplify what you have said. This public clamor then triggers the City Council's response to take action, and you're on your way.  The group thanks the City Council for their concern and they get to see the public reaction to that.  If it's a good reaction, they are encouraged to do more.

   Meanwhile, you do need to find other tenants who are both motivated to do something by their own situation and willing to put in some time to do it. Senior groups, some religious institutions, teachers, firemen, labor unions, the local Democratic Club or similar liberal group, some liberal organizations, and a lot of local business owners, can help in various ways to get the word out and help you form a political group. There are a lot of talkers, but few doers, so you want to get volunteers into project-based committees, which naturally filter out the talkers. Here's a helpful explanation for the new people.

   If you have to get rent control by petition, you might as well have the strongest possible law, since the landlords are not going to fight you any less if the law is weak. They fight dirty all the way, and always have. Election fraud is their main tool. Propaganda, false information, and misleading arguments are all you hear from them. They have the money to buy millions in political advertising, while you'll be lucky to get out one mailer to the voters.  They will have celebrities and public figures telling the public that Rent Control will bring crime to your city, turn it into a slum, drive down their property values, steal from the landlords, prevent the landlords from being able to pay for repairs, run up millions in taxpayer expenses, and force landlords to evict all their tenants. Here's some common rent control myths. None of these are true, of course, but unquestioning voters will be persuaded.  On your side, you have public controversy, newsworthiness, talk shows, newspaper stories, TV coverage, and pathetic stories about landlord abuses of vulnerable tenants. The political battle is not over the wording of the law, at all, but over emotional and philosophical issues in general.

   The technical wording of the rent control law requires a lawyer to write. It needs to be constitutional, not prevented by State laws, cover all the loopholes, and effectively create the kinds of protection you want. It has to be clear and organized, so that it can be easily followed and doesn't end up in court for years. When it is circulated for signatures, there are specific laws that must be followed as to procedure, format, timing, and public information, and you should have a lawyer's help to make sure that those things are done. This website CAN provide some of that assistance, but as a practical matter, local legal advice is necessary. For a start, here is a draft of a rent control law that you might want to circulate by petition in your city. It can be modified to some extent, easily, but major changes would require a re-drafting because so many things are interconnected within it. [Rent Control Draft

   Tenant voter registration is an important part of this process. Tenants are so used to not having a say, not having their views considered, not having any power to change their lives, that voting seems inconsistent with how they've come to view themselves. Only about 5% of tenants actually vote in local elections. Tenants are truly a politically disenfranchised majority. Landlords are only 2% of the population, but seem to run things, because they leverage their money and power. A 10% tenant voter turnout could change the history of politics in your town. Politicians would stop saying they're against rent control, and start expressing concern for the abused tenants who need their help. It's a numbers game, to be sure. 

   If you are really sincere about wanting to take action, there are groups like ACORN that will help, for a percentage of your donations. There may already be a tenant group formed in your town, which the local reporters or city clerk might know about, and you can join them. You aren't the only one thinking like this.

 

Ready to take the next step? Contact Ken Carlson

The author is California attorney Kenneth H. Carlson, State Bar #93602, licensed to practice law since 1980, specializing in helping tenants since then.
Contact information:  PO Box 2417, Idyllwild, CA 92549 (951)659-1234  FAX (888)764-1919 

All materials on this site copyrighted by Kenneth H. Carlson, 2003, 2004, 2005, all rights reserved. You may print pages for your own use.

Last updated 7/10/12