Northern California Rent Control Laws
Communities in Northern California maintain laws to protect tenants from exorbitant increases in their rent. Rent control laws typically define how much a landlord can increase a tenant's rent each year and establish a legal process through which tenants and landlords can settle rent increase disputes. Not all Northern California cities have rent control laws and communities with ordinances typically exempt specific types of residential rental units.
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San Francisco
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The City and County of San Francisco Rent Board administers the Residential Rent Stabilization and Arbitration Ordinance. Landlords subject to the ordinance can only raise a tenant's rent one time each year, according to a percentage defined by the Rent Board. The law applies to buildings constructed before June 1979, but does not apply to government subsidized housing. Landlords who own buildings not covered by the ordinance can raise rents at any time, to any level, by issuing proper notice, according to guidelines established by California law. In the event a landlord fails to properly maintain services defined by law or the rental agreement, a tenant can file a petition with the Rent Board for a rent decrease.
Berkeley
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The City of Berkeley mandates rent control through the Rent Stabilization and Eviction for Good Cause Ordinance, administered by the Rent Stabilization Board. The law sets limits on the amount a landlord can raise a tenant's rent and establishes just causes for evictions. Residential rental units not covered by the ordinance include Berkeley Housing Authority units and rental units built after June 1980. Units subject to the ordinance have a rent ceiling, which the Rent Stabilization Board adjusts each year on January 1. Landlords can petition the Rent Stabilization Board to increase a tenant's rent above the defined ceiling and tenants can petition the board for rent reductions due to decreases in services or habitability issues.
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San Jose
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The San Jose Apartment Rent Ordinance caps rent increases to eight percent per year. Administered by the Rental Rights and Referrals Program, the ordinance exempts single-family homes, duplexes, condominiums, and units placed on the rental market after September 7, 1979, from the increase limit. Landlords cannot increase rent more than one time in a 12-month period, but can impose up to a 21 percent increase if rent has not increased in over 24 months. Landlords can petition the Rental Rights and Referrals Program for an increase higher than eight percent and tenants can file a petition for rent decreases.
Oakland
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The Rent Adjustment Program administers the Rent Adjustment Ordinance. The ordinance stipulates that a landlord can only raise a tenant's rent one time during a 12-month period, to a limit established by the Rent Adjustment Program. Residential units exempt from the rent control law include Section 8 housing, nonprofit cooperatives and units constructed after January 1, 1983. Landlords can file a petition with the Rent Adjustment Program to impose an increase higher than the established limit but must justify the increase based on specific allowances defined by the ordinance. Tenants can file a petition against a rent change within the first 60 days of an increase.
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References
- City and County of San Francisco Rent Board
- SF Tenants Union: Rent Control Coverage and Rent Increases
- Berkeley Rent Stabilization Board: Guide to Rent Control in Berkeley
- City of San Jose Department of Housing: Q&A for Apartment Rent Ordinance
- Oakland Housing and Community Development Division: Rent Adjustment Program
- Oakland Housing and Community Development Division: Tenant Information
Resources
- Photo Credit apartment for rent image by dead_account from Fotolia.com
