Eviction Protections and Rent Regulations

The City of Larkspur has partnered with ECHO Housing to provide education and information about Larkspur's rent stabilization tenant protection ordinances and the state laws that affect tenants and landlords. If you have questions or concerns about how these laws affect you, please contact ECHO Housing:

PHONE: 855-ASK-ECHO

EMAIL: [email protected]

Rent Stabilization and Tenant Protections are governed by Ordinances 1067 and 1068, respectively. Tenants and landlords are encouraged to familiarize themselves with these ordinances. Provisions of these ordinances that enhance state law are summarized in the table below.

Rent Stabilization Limits rent increases in a 12-month period to 5%+CPI or 7%, whichever is lower. To ensure a fair rate of return, allows landlords to petition to increase rent to the maximum allowed by state law.

Tenant Protections Enhanced noticing requirements for certain no-fault evictions of households with specific vulnerabilities. Increased relocation assistance for no-fault evictions. Right of return within 12 months for certain no-fault evictions.

As part of the program to facilitate the operation and enforcement of these ordinances, the City will be requiring all landlords to file information about the units they are renting within the City. The City Council may elect to charge a fee as part of the filing process. More information will be posted about the process to file with the City in the coming weeks and months.

CURRENT MAXIMUM ALLOWABLE RENT INCREASE WITHOUT SUBMITTING AN APPLICATION: 7.0%

The current Bay Area All Urban Consumers Price Index is 2.3% (Feb 2024). Based on Ordinance 1067, landlords may not increase rent more than 7% unless they receive approval through a fair rate of return application to the City.

RENT INCREASES FROM MAY 8, 2023 TO APRIL 4, 2024

Ordinance 1067 became law when the March 2024 election was certified on April 4, 2024.

Ordinance 1067 applies retroactively back to May 8, 2023. Any rent increase applied between May 8, 2023 and April 4, 2024 must comply with Ordinance 1067.

From May 8, 2023 to April 4, 2024, the Bay Area All Urban Consumers Price Index exceeded 2.0%. As a result, rent increases could not exceed 7.0%.

If a lease was increased by more than 7.0% during the period from May 8, 2023 to April 4, 2024, a landlord must do one of the following:

• Amend the rent increase to 7.0% and determine the amount collected in excess of 7.0%. A landlord may reimburse the tenant through either a direct payment or through credits on future rent owed. If a landlord chooses to issues credits, the amount owed must be reimbursed in full before the next renewal date of the lease.

OR

State Laws:

AB 1482

AB 1482 is a statewide act that has two main functions: it limits rent increases and removes the right of landlords to evict tenants without just cause.

• Rent Increases: AB 1482 restricts the allowable annual rent increase to 5% plus a local cost-of-living adjustment of no more than 5%, for a maximum increase of 10%. The law is retroactive, calculating the starting rent from March of 2019. There is no maximum rent or limit on how much landlords can raise rents between one tenant and the next.
• Eviction Protection: Landlords can only evict tenants for a number of legal reasons. This applies to tenants who have lived in the unit for more than one year.
  • "At fault" just causes for eviction include not paying rent, criminal activity in the rental unit, or breaching the lease contract. Landlords must give tenants a chance to fix lease violations.
  • "No fault" just causes for eviction include the owner moving into the unit, converting the apartment to a condo, or renovating or demolishing the unit. Landlords must offer the tenant a "relocation fee" equal to one month's rent in these cases.

The act does not, however, enforce these rules. Tenants have to hire an attorney and sue their landlord if they believe their rights are being violated. AB1482 will expire on January 1, 2030, unless legislators extend it.

The Costa-Hawkins Rental Housing Act (1995)

Introduced three limitations:

• First, it exempted certain types of rental units from local rent stabilization (most notably single-family homes and condominiums).
• Second, it exempted units built after the February 1, 1995, effective date of the Act.
• Third, it prohibited "vacancy control." Vacancy control refers to regulating the amount a landlord may charge for a new lease of a vacant unit. Under Costa-Hawkins, when a unit becomes vacant, a landlord is not restricted in the amount of rent charged in a new lease.

Tenant and Landlord Resources

View Past Rent Regulation Meetings and Staff Reports

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