Legislation approved last year will make it easier to determine allowable annual rent increases under AB 1482, the Tenant Protection Act of 2019.
The Tenant Protection Act restricts rent increases in any 12-month period to no more than 5% plus the percentage change in the cost of living (CPI), or 10%, whichever is lower. The law defined the “percentage change in the cost of living” as the percentage from April 1 of the prior year to April 1 of the current year. This created problems with calculating rent increases because the April figures are often not available until June. Landlords who wanted to increase rent effective between April and June did not have access to the correct CPI figure.
The full bill is below:
LEGISLATIVE COUNSEL’S DIGEST
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
The people of the State of California do enact as follows:
This act shall be known, and may be cited, as the Tenant Protection Act of 2019.
Section 1946.2 is added to the Civil Code, to read:
(a) Notwithstanding any other law, after a tenant has continuously and lawfully occupied a residential real property for 12 months, the owner of the residential real property shall not terminate the tenancy without just cause, which shall be stated in the written notice to terminate tenancy. If any additional adult tenants are added to the lease before an existing tenant has continuously and lawfully occupied the residential real property for 24 months, then this subdivision shall only apply if either of the following are satisfied:
(B) (i) The tenants have been provided written notice that the residential property is exempt from this section using the following statement:
“This property is not subject to the rent limits imposed by Section 1947.12 of the Civil Code and is not subject to the just cause requirements of Section 1946.2 of the Civil Code. This property meets the requirements of Sections 1947.12 (d)(5) and 1946.2 (e)(8) of the Civil Code and the owner is not any of the following: (1) a real estate investment trust, as defined by Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation.”
Section 1947.12 is added to the Civil Code, to read:
(a) (1) Subject to subdivision (b), an owner of residential real property shall not, over the course of any 12-month period, increase the gross rental rate for a dwelling or a unit more than 5 percent plus the percentage change in the cost of living, or 10 percent, whichever is lower, of the lowest gross rental rate charged for that dwelling or unit at any time during the 12 months prior to the effective date of the increase. In determining the lowest gross rental amount pursuant to this section, any rent discounts, incentives, concessions, or credits offered by the owner of such unit of residential real property and accepted by the tenant shall be excluded. The gross per-month rental rate and any owner-offered discounts, incentives, concessions, or credits shall be separately listed and identified in the lease or rental agreement or any amendments to an existing lease or rental agreement.
Section 1947.13 is added to the Civil Code, to read:
(a) Notwithstanding Section 1947.12, upon the expiration of rental restrictions, the following shall apply:
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.