Concord City Council to consider rent stabilization, eviction policies on Jan. 30
Concord, Calif. (Jan. 21, 2024) – As part of the City’s recent Housing Element update, which was approved by the State, the City Council committed to adopting rent stabilization and just cause for eviction policies to address tenant displacement.
On Tuesday, January 30, 2024, at 6:30 p.m. in the Council Chamber (1950 Parkside Drive), the Concord City Council will consider a revised version of a draft Ordinance establishing Rent Stabilization (also referred to as “rent control”) in Concord and update Concord regulations on Just Cause for Eviction. The revised draft ordinance would amend Concord’s existing Residential Tenant Protection Program to include the proposed rent stabilization and just cause for eviction provisions.
- Public Comment will be taken by the Council at this meeting. Individuals who wish to speak must be present in person to participate in oral public comment. Please see the City’s agenda website on how to submit written public comment in advance of the meeting.
- The staff report will be available on the City’s agenda website no later than Friday, January 26 at 5 p.m. The new draft Ordinance is currently being written by staff based on past Council direction.
- Information on past Council discussions on this topic can be found by reviewing the Council meetings of January 9, 2024 and December 12, 2023.
Rent stabilization
Here is a brief description of major features to be included in the proposed new Ordinance:
- Limit annual rent increases to 3% or 60% of the Consumer Price Index (CPI), whichever is lower.
- Controls the allowable rent increases upon the first date of occupancy but does not control the dollar amount for starting-of-occupancy rent (i.e., it preserves vacancy decontrol).
- Includes a “rent rollback” provision that sets rents to the dollar amounts that were charged for rent as of January 12, 2023, plus allows for up to the Ordinance-allowed rent increase of 2.52% for the 2023 calendar year (2.52% is 60% of the CPI for April 2023).
- Rent stabilization would apply to multi-family rental complexes of 2 or more units built before Feb. 1, 1995. It would not apply to rented single-family homes, rented condominium units, or rented accessory dwelling units.
- The Ordinance would establish a process utilizing a Hearing Officer whereby tenants could appeal their rent increases, if they believed them to be inconsistent with the City Ordinance, and whereby property owners could request higher rent increases, above what the Ordinance would otherwise allow, to obtain a fair return on their investment property.
Just cause for eviction
Here is a brief description of major features to be included in the proposed new Ordinance:
- Just cause regulations do not apply when a tenant is evicted for “at-fault” reasons, such as non-payment of rent, breach of a material term of the lease, or occupying the space in such a manner as to create a nuisance or criminal activity.
- Just cause protections for tenants would be triggered when a tenant is evicted for “no-fault on the tenant’s part” reasons, such as when an owner wants to move into the unit, wants to remove the entire complex from the rental market (Ellis Act eviction), or needs the unit vacant to perform substantial rehabilitations.
- A “right of return” would be available in some instances, such as when substantial rehabilitation is completed, or if an owner returns the unit to the rental market within a specified time after an Ellis Act eviction.
- Just cause for eviction would apply to most rented units in Concord, including rented single-family homes and rented condominium units. It would not apply to rented accessory dwelling units.
- In the case of no-fault evictions, just cause provisions in the revised draft Ordinance would require the property owner to pay three times the Federal Housing and Urban Development (HUD) Fair Market Rent (FMR) and an extra $3,000 to cover moving expenses. If applied in 2024, the total payment required would range from $8,475 for a studio unit to $14,862 for a four-bedroom home, apartment, or condominium. Prices are set by HUD for each calendar year. Certain tenants, such as those over 62 years of age, or who are terminally ill or disabled, would be eligible for an additional month of FMR.
Everyone who owns property subject to either rent stabilization or just cause protections would be required to register their unit(s) with the City of Concord annually and pay a yet-to-be-determined annual registration and administration fee.
These are complicated new regulations being proposed and the Council has been discussing them for many months. If you are interested in this important policy topic, please take the following steps: (1) review the information provided in the links above, (2) register on the interested party e-mail list by emailing Sophia.Huckabay@cityofconcord.