Concord Rent Control

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The Concord Rent Ordinance’s rent control protections (“Concord Rent Control”) protect tenants by limiting rent increases to reasonable amounts per year. For units covered by Concord Rent Control, the landlord may not increase the rent in an amount no more than sixty percent (60%) of the percentage increase in CPI published and reported for the twelve-month period ending as of April of the immediately preceding year, provided the annual increase does not exceed three percent (3%). Concord Municipal Code § 19.40.040. The landlord must round the rent increase to the nearest one-quarter of a percent (.25%). Where the percentage change in the CPI is negative, the allowable annual increase shall be zero percent (0%). Concord tenants may only receive one allowable annual rent increase and one fair return rent increase (discussed below) in any twelve (12) months.

What Units Does Concord Rent Control Cover?

Only covered rental units are subject to Concord Rent Control. Concord Municipal Code § 19.40.020. Specifically, Concord Rent Control covers all residential rental units, except:

1. Units in hotels and motels, which are facilities providing guest rooms to the public for transient lodging;
2. Institutional facilities, including in hospitals, religious facilities, extended care facilities, licensed residential care facilities for the elderly, or adult residential facilities;
3. Dormitories owned and operated by higher education institutions, or any school offering education in kindergarten through the twelfth grade;
4. Housing owned by a public agency or authority or government owned housing that is specifically exempted by law or regulation;
5. Units where the property owner resides at the property as their principal residence and shares bathroom or kitchen facilities with the Concord tenant;
6. Emergency shelters, and homeless shelters;
7. Residential facilities;
8. Accessory dwelling units;
9. A property with two (2) separate dwelling units within a single structure in which the owner occupied, as their principal place of residence, at the beginning of the tenancy, continues in occupancy, and neither unit is an accessory dwelling unit or junior accessory dwelling unit;
10. Concord units that are expressly exempt under state or federal law, including Concord units built after February 1, 1995;
11. Single-family homes and Concord condominium units, but not mobile homes;
12. Concord affordable housing units for persons or families of very low, low, or moderate income. Concord Municipal Code § 19.40.020(a), (b).

Under Concord Rent Control, How Much Can the Landlord Increase the Rent?

For units covered by Concord Rent Control, the landlord may not increase the rent in an amount no more than sixty percent (60%) of the percentage increase in CPI published and reported for the twelve-month period ending as of April of the immediately preceding year, provided the annual increase does not exceed three percent (3%). Concord Municipal Code § 19.40.040. The landlord must round the rent increase to the nearest one-quarter of a percent (.25%). Where the percentage change in the CPI is negative, the allowable annual increase shall be zero percent (0%). Concord tenants may only receive one allowable annual rent increase and one fair return rent increase (discussed below) in any twelve (12) months.

To calculate a permissible rent increase, Concord tenants must multiply their base rent by the allowable rent increase percentage.

How Do Concord Tenants Calculate Their Concord Rent Control Base Rent?

Concord Rent Control defines base rent three (e) ways. For tenancies commenced on or before January 12, 2023, the base rent is the rent in effect on January 12, 2023, plus the initial allowable annual rent increase. Concord Municipal Code § 19.40.010(c)(4). For tenancies commenced after January 12, 2023, but prior to April 2024, the base rent is the rent charged upon initial occupancy plus the initial allowable annual rent increase. For tenancies commenced after April 2024, the base rent is the rent charged upon initial occupancy.

Does Concord Rent Control Limit the Number of Rent Increases A Landlord May Serve Per Year?

Yes, Concord Rent Control limits the landlord to one rent increase per twelve months. Concord Municipal Code § 19.40.040.

Does Concord Rent Control Permit Rent Increase Banking?

No, Concord Rent Control prohibits rent increase banking. Concord Municipal Code § 19.40.040(f). A landlord that fails to impose an allowable annual rent increase in the applicable twelve (12) month period automatically waives that allowable annual rent increase for the remainder of the Concord tenant’s tenancy.

Can The Landlord Petition the City of Concord for an Increase Larger Than the Allowable Annual Rent Increase?

Yes, Concord Rent Control provides landlords with the ability to petition the City of Concord for a fair return rent increase. Concord Municipal Code § 19.40.050. Landlords that believe they are not receiving a fair return on their property may submit a Fair Return petition to the City to request an increase in rent beyond the rent increase permitted by Concord Rent Control.

To obtain a Fair Return Rent Increase, the Concord tenant must receive written notice of the increase pursuant to California Civil Code section 827, attend a hearing with conducted by a hearing officer appointed by the City of Concord to hear the petition and render a final decision on the merits provided by the Concord Rent Ordinance. Concord Municipal Code § 19.40.050. The hearing officers determination shall be final and not appealable to the Concord City Counsel. Instead, any party seeking review may due so in the California Superior Court system by filing a Writ of Mandate.

Can Concord Tenants Sue Their Landlord For Violating the Concord Rent Ordinance?

Yes, the Concord Rent Ordinance contains a private right of action entitling Concord tenants to sue their landlord for violations of the Concord Rent Ordinance. Concord Municipal Code § 19.40.120. In a civil action, the Concord tenant may sue their landlord for injunctive relief, actual, statutory, or direct monetary damages, and any other relief the court deems appropriate. This includes a penalty of up to $5,000 per violation of the Concord Rent Ordinance. Where the Concord tenant is a senior or disabled tenant, the court has discretion to award an additional $5,000 per violation. Additionally, any person who violates, aids, abets, or incites another person to violate any provision of the Concord Rent Ordinance is liable for each and every offense for monetary damages of not less than three (3) times actual damages, or a minimum of $1,000.00. whichever greater.

Under the Concord Rent Ordinance, punitive damages are also recoverable. But, the Court may never award punitive damages and triple damages simultaneously.

Concord tenants may also recover damages for mental and emotional distress, which are tripled if the trier of the fact finds the landlord or property manager acted in knowing violation of or reckless disregard of the Concord Rent Ordinance. This means Concord tenants must be able to prove their landlord or property managers were, at the very least, aware of the Concord Rent Ordinance, yet still failed to make repairs, retaliated, or harassed them, or constructively/wrongfully evicted them from their homes.

Attorney fees and costs are recoverable where the Concord tenant prevails in a lawsuit against their landlord. Concord Municipal Code § 19.40.120(c).

To discuss the Concord Rent Ordinance, Concord Ellis Act Evictions, Concord Owner Move-In Evictions and Relative Move-In Evictions, or California Rent Control (AB 1482), contact Astanehe Law, including phone or email to speak with a tenant attorney.