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Rent Control - California

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truthfinder3

Junior Member
What is the name of your state (only U.S. law)? California

Hi,

I moved into my apartment in July of 2003 and paid a monthly rent of $795.00, and now I have received a notice which states that I am notified in accordance with Civil Code Section 827, that 60 days after service upon the notice, or 10-01-09, whichever is later, my monthly rent which is payable in advance on or before 5 days of each month, will be the sum of $820.00, instead of $795.00, the current monthly rent.

I don't know too much about rent control, but I have heard that if a tenant has lived in the apartment for a certain amount of years..."rent control" prevents the Landlord from increasing the monthy rent. And that they can only increase the rent to new or recent tenants. Is this true? and since I have lived in my apartment for 6 years, can the Landlord still increase my monthly rent? Thanks in advance!

Sincerely,
Danny
 


sandyclaus

Senior Member
Rent Increases & Rent Control

What is the name of your state (only U.S. law)? California

Hi,

I moved into my apartment in July of 2003 and paid a monthly rent of $795.00, and now I have received a notice which states that I am notified in accordance with Civil Code Section 827, that 60 days after service upon the notice, or 10-01-09, whichever is later, my monthly rent which is payable in advance on or before 5 days of each month, will be the sum of $820.00, instead of $795.00, the current monthly rent.

I don't know too much about rent control, but I have heard that if a tenant has lived in the apartment for a certain amount of years..."rent control" prevents the Landlord from increasing the monthy rent. And that they can only increase the rent to new or recent tenants. Is this true? and since I have lived in my apartment for 6 years, can the Landlord still increase my monthly rent? Thanks in advance!

Sincerely,
Danny
Rent control is not a law that applies to all of California - only specific areas where there is a city or county ordinance that is in force. The cities in California that are currently subject to rent control are:

Berkeley, Beverly Hills, Campbell, East Palo Alto, Fremont, Hayward, Los Angeles (including all of the suburbs that are part of the city), Los Gatos, Oakland, Palm Springs, San Francisco, San Jose, Santa Monica, Thousand Oaks, and West Hollywood​

I'm not familiar with the allowable rent increases in each of these cities is or how often one can be imposed. In order to answer that, I have to know where you live and I can check it and let you know.
 

truthfinder3

Junior Member
Rent control is not a law that applies to all of California - only specific areas where there is a city or county ordinance that is in force. The cities in California that are currently subject to rent control are:

Berkeley, Beverly Hills, Campbell, East Palo Alto, Fremont, Hayward, Los Angeles (including all of the suburbs that are part of the city), Los Gatos, Oakland, Palm Springs, San Francisco, San Jose, Santa Monica, Thousand Oaks, and West Hollywood​

I'm not familiar with the allowable rent increases in each of these cities is or how often one can be imposed. In order to answer that, I have to know where you live and I can check it and let you know.

Thanks for the reply!

I live in Oakland, California. I'm not sure when the last rent increase was, but a tenant told me that he had lived in my apartment complex for 10 years and this (rent increase) has just happened. Thanks in advance!

Sincerely,
Danny
 

sandyclaus

Senior Member
City of Oakland Rent Control

The LL is allowed to increase the rent once every 12 months to a maximum limit of the current Consumer Price Index (CPI). The last posted CPI effective from July 1, 2009 through June 30, 2010 allows an increase of 0.7%, or about $5.57 a month for you.

I think your LL is trying to overcharge you according to the CPI that expired as of June 30th, which was 3.2%, which would have made the $25 increase just the right amount. You have 60 days to challenge the amount of the increase.

Here is the website so that you can familiarize yourself with the Rent Control for your city and how to properly file a challenge since you are being overcharged.

Rent Adjustment Board - City of Oakland
 

truthfinder3

Junior Member
The LL is allowed to increase the rent once every 12 months to a maximum limit of the current Consumer Price Index (CPI). The last posted CPI effective from July 1, 2009 through June 30, 2010 allows an increase of 0.7%, or about $5.57 a month for you.

I think your LL is trying to overcharge you according to the CPI that expired as of June 30th, which was 3.2%, which would have made the $25 increase just the right amount. You have 60 days to challenge the amount of the increase.

Here is the website so that you can familiarize yourself with the Rent Control for your city and how to properly file a challenge since you are being overcharged.

Rent Adjustment Board - City of Oakland
Sandy,

I appreciate your help, and I couldn't have done it without you. Believe me, having so many monthly bills to pay...this "miniscule" amount of saving $25.00 a month goes a long way. I'm going to write the Landlord a letter with your words verbatim and a copy and paste of the stats of the Rent Adjustment Program found on that link you posted.:)

Sincerely,
Danny
 

CA LL

Senior Member
Read this

Umm..I STRONGLY suggest you review and follow this page:

Rent Adjustment Board - City of Oakland

to contest the increase...as you see there are several "exceptions" that can be granted to the LL, etc. Sounds like "banking" may be one used in this case..not sure. But best to follow the "rules" to contest it regardless.
 

truthfinder3

Junior Member
Umm..I STRONGLY suggest you review and follow this page:

Rent Adjustment Board - City of Oakland

to contest the increase...as you see there are several "exceptions" that can be granted to the LL, etc. Sounds like "banking" may be one used in this case..not sure. But best to follow the "rules" to contest it regardless.
Gosh darnit, why? why? why? why? why?:mad::mad::mad: J/K I'll do some more research on this. Thanks for the reply though.

Sincerely,
Danny
 

Zigner

Senior Member, Non-Attorney
Umm..I STRONGLY suggest you review and follow this page:

http://cedaonline.oaklandnet.com/rentadjustmentsite/index.htm#petition

to contest the increase...as you see there are several "exceptions" that can be granted to the LL, etc. Sounds like "banking" may be one used in this case..not sure. But best to follow the "rules" to contest it regardless.
Yep - I agree. In fact, more specific is: http://cedaonline.oaklandnet.com/rentadjustmentsite/landlord/rentincrease/index.htm
 

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