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California Tenants - A Guide to Residential Tenants' and Landlords' Rights and Responsibilities

 

 

 

 

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 Charter Amendment & Regulations
 

The Rent Control Law:
Rent Control Charter Amendment

Rent Control Regulations:
Chapter 1: Rules for Board Meetings

Chapter 2 - Definitions: Words and phrases used in the Rent Control Charter Amendment or regulations such as: owner-occupied dwellings; principal place of residence; privileges as housing services and material terms; and healthcare providers.

Chapter 3 - General Rent Adjustments: Annual general rent adjustments from 1979 to the present; surcharges for school taxes, etc.; separate agreements; and vacancy rent increases for controlled units (including TORCA units); base rent and registration of condominium units not sold separately; notice of maximum allowable rents; and new maximum allowable rents for tenants not in occupancy.

Chapter 4 - Individual Rent Adjustments: Procedures and standards for filing individual rent adjustment petitions including: increase petitions; decrease petitions (maintenance and construction related conditions, loss of housing services); and increase schedules in individual increase cases for severe economic hardship cases.

Chapter 5 - Removal Permits: Regulation has been suspended. See Rent Control Charter Amendment Section 1803(t). Standards and procedures for obtaining a permit to remove controlled rental units from the rental housing market by demolition, conversion or other means.

Chapter 6 - Claims of Vested Rights: Standards and procedures to substantiate a claim to a vested right to be exempted from the removal permit requirements of Chapter 5.

Chapter 7 - Rent Rollback: Describes rent rollback required upon the passage of the Rent Control Charter Amendment in 1979. Also includes methods to calculate base rents for manager-occupied units.

Chapter 8 - Administrative Remedies for Rent Overcharges or Nonregistration: Standards and procedures to establish violations of the rent overcharge (excess rent) and registration provisions of the Charter Amendment.

Chapter 9 - Evictions: Clarification of the just causes for eviction contained in §1806(a) of the Charter Amendment. Detailed information on limitations, notice and "good faith" requirements for evictions for owner-occupancy (§1806(a)(8)).(h)).

Chapter 10 - Judicial Review: References to applicable Code of Civil Procedure sections for judicial review of final Rent Control Board decisions.

Chapter 11 - Registration Fee: Amount of annual registration fees from 1980 to the present as well as deadlines for payment, pass-through and notice requirements, and consequences of delinquent payments. Registration fee waiver requirements for owner-occupants, very low-income senior citizens; very low-income disabled tenants; and units participating in a government funded rent subsidy program (Section 8). Permanent fee waiver standards for single family dwellings and condominium units (including TORCA units) after January 1, 1999.

Chapter 12 - Exemptions and Coverage: Procedures and standards for obtaining an exemption from Rent Control. Includes standards and procedures for obtaining exemptions for hotels and motels, extended medical care facilities, and an exemption for a three unit or less owner-occupied properties, hotels and motels, and extended medical care facilities. Also includes information on lapsing an owner-occupied exemptions.

Chapter 13 - Registration: Requirements for landlord registration and re-registration of rent levels and amenities for controlled rental units; explanation of proper registration; and hearing procedures for determining and/or amending registered rents and amenities. Procedures to resolve disputes related to establishment of new rental rates pursuant to Civil Code Section 1954.53(c) (the "Costa-Hawkins Rental Housing Act"). Also includes certification of rent levels and post-certification rent level verification process.

Chapter 14 - Security Deposits: Definitions and standards for establishing security deposits.

Chapter 15 - Hearing Procedures: Standards and procedures for issuing subpoenas to compel attendance of material witnesses and production of relevant documents or other physical evidence at administrative hearings conducted by the Board or its hearing examiners. Standards and procedures for quashing or limiting subpoenas for the protection of witnesses.

Chapter 16 - Withdrawal of Accommodations: General provisions and procedures for withdrawal of accommodations from the rental business pursuant to California Government Code Sections 7060 et seq. (the "Ellis Act"). Restrictions on owners and successors in interest. Also, procedures to be followed upon re-rental of accommodations.

Chapter 17 - Incentive Housing Program: Establishes a program to secure the affordability of rental units for low and very low-income persons through regulatory agreements with participating landlords.

Chapter 18 - Reserved for future use.

Chapter 19 - Reserved for future use.

Chapter 20 - Partial Invalidity of Regulations


 

This page was last modified on 07/03/2008

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