Rent Increase Request Procedures
- Provide a proper rent increase notice to your tenant. Before submitting your request to AHA, you must provide your tenant with written notice of your intent to increase the rent. Your notice must indicate the newly requested rent amount and the effective date of the increase, and it must be timely in accordance with state, federal, and local Fair Housing laws and regulations.
- Please be aware that there are existing state laws that all rent increase requests must comply with. The AHA adheres to the provisions set forth in AB 1482 (Assembly Bill 1482, the California Tenant Protection Act of 2019) and AB 1110 (Assembly Bill 1110, Amendment to CA Section 827 of the Civil Code, relating to rent increases). Additional information regarding these CA state laws is listed below.
A rent increase request cannot before the effective date of an increase. Please note that some units may be exempt from this provision under AB 1482.
If your unit is exempt under AB 1482 and if your rent increase request is higher than 10% of the current rent amount, you must submit a minimum 90-day written notice before the effective date of an increase.
- Next, print and complete the Rent Increase Request Supplement Form and attach it to the notice to your tenant when submitting your request to AHA. Your request cannot be approved without it. Please notify your tenant and AHA at the same time of your intent to increase the rent. If you do not attach the Rent Increase Request Form Supplement to your original notice to the tenant, there may be a delay in processing your rent increase, and the effective date of your rent increase may be affected.
- Check rental rates in your area. AHA must ensure that your rent is reasonable compared to comparable units in the immediate area. If your request will result in a higher rent than those in your area for a comparable unit, your request for an increase may be denied.
- Review your recently leased rents. Ensure you are not asking for a higher rent amount than you have charged the most recently leased, unassisted tenants in your building.
Rent Increase Request Supplement FormPlease note that incomplete submissions will delay the processing of your rent increase request.
AHA’s Review Process:
All rent increase requests are reviewed individually and undergo a rent reasonableness review to determine if the requested rent amount is reasonable, or if a different amount is warranted. The results of the rent reasonableness review determine whether your request can be approved or not. The review also verifies whether the rent increase request complies with program regulations, AHA policies, and applicable state laws.
If it is determined that your request is reasonable, AHA will notify both the tenant and landlord of the new rent portions by mail. If the requested rent amount is not determined reasonable and cannot be approved, AHA will send the landlord a letter proposing a counteroffer or denying the request.
CA State Laws:
The AHA adheres to the provisions set forth in AB 1482 (Assembly Bill 1482, the California Tenant Protection Act of 2019) and AB 1110 (Assembly Bill 1110, Amendment to CA Section 827 of the Civil Code, relating to rent increases).. The following highlights specific provisions in both laws regarding rent increases. However, it's important to note that this list is not exhaustive. While it serves as a useful reference, we strongly advise reading the complete laws for a comprehensive understanding of the provisions.
- Overview of AB 1482:
Landlords cannot raise rent annually by more than 5% plus inflation according to the local Consumer Price Index, or 10%, whichever is lower. (Civ. Code, § 1947.12.). As of 9/15/2023 (for the Anaheim Housing Authority only), 5% plus local CPI equals 8.8%.
The bill exempts several property types, please read AB 1482 for details. For units that are exempted from AB 1482 provisions, the bill requires landlords to give at least 90 days’ notice if the rent will be increased by more than 10%.
No more than two increases in a 12-month period, and the combined amount cannot exceed the 5% + CPI cap.
- Overview of AB 1110:
Effective January 1, 2020, AB 1110 requires 90 days’ prior written notice if a landlord of a residential dwelling with a month-to-month tenancy increases the rent by more than 10% of the amount of the rent charged to a tenant annually. There are exceptions to 90-day notice requirements, please read AB 1110 for details.
Last Rev. 11/28/23