Concord divided over new small landlord eviction rules

Council also OKs rent cap of 5% annually for some units

CONCORD, CA (Mar. 24, 2025) — After a heated meeting, the City Council voted 3-2 to exclude landlords who own no more than two single-family residences or condominiums from the just cause for eviction portion of the Residential Tenant Protection Program.

That means these landlords will no longer have to pay tenants $2,000 plus two months’ rent for a no-fault eviction.

The Feb. 25 decision also set the rent increase at a flat 5% annual cap for multi-family rental complexes of two or more units built before Feb. 1, 1995. When the council adopted the ordinance last year, they used 60% of the Consumer Price Index (CPI) or 3%, whichever was less.

The changes angered many audience members, who shouted: “Shame on you” and unfurled a banner stating: “Don’t betray Concord. Keep families housed.”

Speaking up

Housing advocates say the new rules will make it more difficult for already struggling renters.

“I am horrified that the council is rolling back protections for renters in a time of attacks on immigrant families. Immigrant renters have been on the front lines of this eight-year long struggle for protections from unjust evictions and skyrocketing rents,” Betty Gabaldon of the East Bay Alliance for a Sustainable Economy (EBASE) said ahead of a planned Feb. 4 protest that was canceled due to rain.

Ellen Ray, who has two single-family rental properties in Concord, talked about the cost of being a responsible landlord. “This is not a ‘get rich scheme’ in any shape or form,” she said at the Feb. 4 council meeting.

Realtor David Schubb warned the council of government overreach. “Current policies are going to achieve the opposite of what you want them to do. Supply is going to continue to decline, especially in the more affordable price ranges.”

Balancing the needs of tenants and landlords

As the council reviewed tenant protections last year, the inclusion of single-family homes and condominiums was the key source of contention. Resident Jo Sciarroni even started a petition drive to stop the plan, but she was unable to gather enough signatures.

The issue was brought up again at the request of new City Councilmember Pablo Benevente. On Feb. 25, he made a motion advocating the removal of all single-family homes and condos from the just cause for eviction fees – while also asking for an annual rent increase of 5% plus 100% CPI with a maximum of 7% for units that meet the requirements.

“The current limit is too restrictive and does not allow owners to maintain their properties, cover inflation and make necessary repairs,” Benevente said in Spanish, which was translated to English on the big screen.

“Tenant protections must remain, but they must also be sustainable,” he continued, later adding: “State law still protects tenants from unfair evictions.”

He noted that many single-family homes and condo are owned by small landlords rather than large corporations.

“These are working families, immigrants, retirees or individuals who use rental income to pay their mortgages and cover costs such as water, garbage, insurance and electricity.”

Reaching a compromise

After Benevente’s motion, Vice Mayor Laura Nakamura suggested “some friendly amendments.” Namely, excluding only landlords with less than three single-family homes/condos and allowing a 5% rent cap tied to CPI.

Mayor Carlyn Obringer supported the plan to remove the smaller landlords but wanted a flat 5% rent cap.

There was much back and forth, with Benevente facing resistance when he asked to set the limit at four units. Then Councilmember Laura Hoffmeister, who voted against the ordinance last year because it “overburdened” landlords, said she would support Obringer’s proposal to “move this ball downfield.”

Ultimately, Benevente, Hoffmeister and Obringer voted to exempt landlords with no more than two homes/condos from the eviction rules and move to a 5% flat rent cap for the applicable units. Nakamura and Councilmember Dominic Aliano voted no.

Under the revisions, all landlords must still apply to the city’s Rent Registry.

Opposing viewpoints

The Feb. 25 meeting was a continuation of a Feb. 4 session that included four hours of public comment, with Toby Anderson telling the council that rent control does not work. “Concord is on the wrong side of the facts and the wrong side of history.”

Former Councilmember Tim McGallian concurred. “We have the data. The rent gouging is not occurring. We’ve seen no mass evictions, and Concord has some of the lowest rental rates in the Bay Area.”

Meanwhile, preschool teacher Jima Monson was disheartened that the council wanted to make changes so soon after the ordinance was passed.
“I was so relieved to see my rent actually go down after the rent stabilization was passed. Rent stabilization and just cause have made the difference between keeping a roof over our heads or being unhoused,” she said, adding: “My students’ parents have told me over and over how helpful this policy has been.”

William Colleen also asked the council not to modify the rules. “Let’s give it enough time to work,” he said. “I see Concord as a place where I want to live, where I want to start my family, but in order to do that I need to trust that the protections that we have remain.”

City staff will return to the council with a revised draft ordinance on March 25. After a second reading on April 22, it would go into effect May 22.