FAQ

Rent Control / Rent Stabilization

Does rent control even work?

Yes, rent control has consistently worked to stabilize rents and prevent community displacement in the jurisdictions where it’s been adopted. There are hundreds of thousands of units with affordable, stabilized rents in nearby cities like San Francisco, Berkeley, Alameda, Oakland, Mountain View, and East Palo Alto, thanks to local rent control ordinances.

What about “mom and pop” landlords?

Under California state law, all landlords are guaranteed a fair rate of return on their investment. Under rent control, no landlord will make any less money than they do right now. Rent control simply regulates how much landlords can raise the rent each year so that tenants have the safety and security of knowing they won’t receive an unexpected rent hike that could force them out of their homes. Many smaller landlords already only issue moderate rent increases on their long-term tenants; these landlords will be unaffected by rent control.

Doesn’t rent control limit overall housing supply?

No. This is an argument that’s been put forward by wealthy real estate lobbying groups for decades without any significant empirical evidence to back it up. It makes even less sense in California, where state law exempts all newly constructed rental units from local rent control laws, meaning there would be no disincentive for developers to build more rental units.

Rent control doesn’t create more housing, so why bother?

Rent control is not a silver bullet to the housing crisis, but it can play an essential role in addressing it. Rent control will keep thousands of working families, seniors, and young people in Marin County who would otherwise be forced out if their rents were raised without restriction. 

Isn’t there already statewide rent control?

There is an exceptionally weak state law that caps annual rent increase at 5% plus the annual change in the Consumer Price Index (CPI), up to 10% total. That means on high inflation years, rent increases are capped at 10%, while on normal inflation years, they’re capped around 7-8%. This is far more than the vast majority of Marin renters could ever afford to pay year after year. It’s also far higher than average annual wage increases. Furthermore, there is very little public awareness or education about the state law and little to no enforcement of its provisions.

What kind of units are covered by rent control?

According to California state law, all single-family homes, condominiums, and rental units constructed after 1995 are exempt from local rent control laws. All other rental units may be covered by local rent control policies, though jurisdictions may choose to exempt certain types of units.

What is going on in Fairfax?

Fairfax made history by being the first town in Marin to pass rent control and protect renters from displacement. Since then, landlords have waged a relentless misinformation campaign attempting to erode public support for the new laws. Click here to get the facts.

Just Cause Evictions

How do just cause eviction policies work?

Just cause eviction policies prevent arbitrary evictions by defining a list of good reasons (just causes) that a tenant can get evicted. These include both “at-fault” evictions, where the tenant has done something to justify their displacement and “no-fault” evictions, where the tenant has done nothing to justify their displacement.

What are the at-fault just cause evictions?

It depends on the specific policy, but generally speaking, tenants may be subject to an at-fault just cause eviction for:

  • Failure to pay rent

  • Breaching the lease

  • Creating a nuisance or damaging the unit

  • Refusing the landlord’s access to the unit to conduct necessary repairs or to show the unit to prospective purchasers

  • Failing to vacate the unit after a buy-out agreement

What are the no-fault just cause evictions?

It depends on the specific policy, but generally speaking, tenants may be subject to a no-fault just cause eviction if:

  • The landlord or their family member moves into the unit

  • The unit is being permanently withdrawn from the rental market

  • Substantial repairs are necessary for health and safety reasons (though this only justifies temporary displacement)

What happens to tenants who are evicted due to no fault of their own?

Just cause eviction policies provide essential supports for tenants who are evicted due to no fault of their own:

  • Right of Return: Tenants have the right to return to their previous unit at their former rent—plus any lawful increases under rent control—should they ever again become available. 

  • Relocation Payments: Tenants receive reasonable relocation payments from their landlord designed to cover the costs of finding a new place to live within the community. 

  • Protections for Vulnerable Renters: Additional protections are offered to tenants who are elderly, disabled, or terminally ill, as well as educators and students during the school year. These can include more advanced notice prior to eviction, higher relocation payments, and additional restrictions on owner move-in evictions.