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
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
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
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
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
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
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
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