The Costa-Hawkins Rental Housing Act is a 1995 California state law that limits the power of local governments to pass or expand rent control. It applies to select housing and apartments built before 1995, known as “RSO” units. Vacancy Decontrol: Landlords have the legal right to set the rent to current market rates whenever a tenant voluntarily moves out or is evicted for just cause (“vacancy decontrol”). Cities are banned from enforcing “vacancy control” (where rent caps stay on a unit even between tenants).
VACANCY DECONTROL
The pertinent part here I address is vacancy decontrol. Costa Hawkins only allows the landlord to raise the rents to market rate, after a rent controlled unit becomes vacant.
Costa Hawkins indicates this is the only change a landlord can make in the terms of the tenancy. Therefore the landlord cannot unbundle the utilities and parking from the rent. The landlord cannot use RUBS to force tenants to pay part of the utilities previously incurred in the rent; the landlord cannot charge separately for parking where parking was previously paid by the landlord or included in the rent. Since only the rent amount can be changed, tenants must be knowledgeable of what were the conditions of the previous tenant: was the utilities and parking paid for by the landlord (or included in the rent). Also, because a tenant appears to voluntarily give up their rights does not in any way mean that the landlord did not violate the law. For example, in an RSO unit where there was previously an intercom with a unit interface connection for all tenants, under decontrol, a landlord cannot charge the new tenant for an intercom interface, or require a tenant to use their cell phone as a substitute for the interface.
Since Costa Hawkins only allows decontrolled units to have the rent amount changed, a landlord must provide the new tenant with the same housing services as the previous tenant, i.e utilities included in the rent paid (or paid by the landlord).
Only by knowing the previous tenant terms can the new tenant know if their rights are being violated by the new landlord, by the city housing department, by the Mayor Karen Bass and Council members like Ninthya Raman, and violated by HUD and Section 8. If available and accurate, a tenant should review the previous utilities and parking included in the rent for the previous tenant. (See the city Los Angeles Rent Registry by owner). By accepting Section 8 or HUD assistance, a tenant is not required to give up their rights under the Costa-Hawkins Rental Housing Act.
The mayor and council members, the housing department, and others herein have consistently acted in a criminal violation of tenant rights spelled out under Costa-Hawkins.
If you are an RSO tenant or a recipient of HUD or Section 8 funding, and your landlord is trying to charge you for parking or utilities previously included in the rent, you have the right to ask the landlord what law his actions are based on. Just because your landlord is a thief, does not mean you have to participate.
(This is for purposes of argument and is not intended to be nor should it be construed to be legal advice. This applies mostly to rent controlled apartments subject to Costa Hawkins and RSO units where there are not separate meters for utilities. Reference Hi Point 1522 LLC and Power Property Management Inc.)
