The concept of rent control has existed to some
degree since around World War I. It grew to include several states (and
a number of counties and cities within these states) following World
War II. The concept of rent control is that it places caps on the
maximum amount of money a landlord can charge a tenant. In many areas
where rent control laws exist, they are targeted at specific types of
renters. The most common group that is protected by rent control laws
are the elderly. In some areas, first time renters are also protected
by these laws. Very few provide universal protection in the form of a
cap on the rental fee.
What does Rent Control Provide
The most common type of rent control, which exists in large parts of
the world, applies strictly to the amount a monthly bill can be raised
if the tenant resigns the lease. Many areas allow for 3% over the
previous year’s lease. In many situations, this provides little to no
protection because most rental prices go up between 1.5% and 3% a year.
In some areas, rent control can go as far as setting a maximum price,
which a property can be rented for when dealing with specific people.
Protection for Repair Situations
Rent control in most areas also provides protection for repairs.
Typically a person who is living under a landlord who is not performing
needed repairs (in a rent controlled area) can report this to a local
committee, and receive the legal right to perform the repair themselves
and withhold the appropriate amount of rent. In some extreme cases,
these committees may even take over the rent for a period of time, and
cover the expense of the repairs.
Eviction Protection
Most areas with rent control laws also include laws which limit
eviction regulations. In most of these areas, the landlord must show
legitimate proof, which explains why they are evicting the tenant
before they can issue a 30 or 60 day notice. This is aimed primarily at
preventing landlords from evicting tenants who wish to re-sign their
lease. This prohibits them from raising the rental fees they are
charging by more than the limits set forth by the rental laws.
Re-Signing Lease Protection
Rent control can protect renters who are looking to resign their
lease in a market where rental prices have increased dramatically. This
is not common, but there are situations which can lead to sharp
increases in rental fees over the course of a year.
Rental Cap Protection
Some rent control places a cap on the amount of money which can be
charged for a property. This can go a long way towards helping people
who are on a fixed income. It is especially helpful to retired
individuals, because the cost of living continues to go up (but their
pension or social security does not).
FAIR USE NOTICE. This document may contain copyrighted material the use of which may not have been specifically authorized by the copyright owner. Tenants Together is making this article available on our website in an effort to advance the understanding of tenant rights issues in California. We believe that this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the U.S. Copyright Law. If you wish to use this copyrighted material for purposes of your own that go beyond 'fair use,' you must obtain permission from the copyright owner.