Costa-Hawkins: Limits on Local Rent Control

Not legal advice. We’re property managers, not attorneys. This post reflects our professional experience — not legal counsel. For your specific situation, consult a licensed attorney ↓

Key Facts

Costa-Hawkins lets owners set rents freely on units first certified for occupancy after February 1, 1995 and on most single-family homes and condos, and lets them reset rent between tenancies under local rent control.

Citation
Civ. Code §§ 1954.50–1954.535
Status
In force
Effective
Jan 1, 1996
Jurisdiction
California
Applies to
Owners in rent-controlled cities, including Oakland, Berkeley, and Richmond
Key numberValueAs of
New-construction exemptionCertificate of occupancy after Feb 1, 1995, or an earlier local exemptionOct 5, 2026
Oakland rent control cutoffApplies to units built before January 1, 1983Oct 5, 2026
Ending a Section 8 contract90 days' notice to the tenantOct 5, 2026
Code-violation barCited, unabated 60+ days before the vacancyOct 5, 2026

Last reviewed Oct 5, 2026 · Checked against the official text

What it requires

  • Set initial and later rents freely on units with a certificate of occupancy issued after February 1, 1995, units a city already exempted as new construction by then, and separately saleable units such as single-family homes and condos, subject to exceptions.
  • Set a new rent when a unit turns over, unless you ended the prior tenancy with a no-cause notice or a change in terms, or ended a government rent-subsidy contract, which locks the rent for three years in rent-controlled cities.
  • Turnover rent resets don’t apply if the unit had serious code violations cited at least 60 days before the vacancy and still unabated.
  • Give tenants 90 days’ notice before ending a Section 8 or similar subsidy contract. They pay only their share of the rent during that time.
  • Since 2024, rent-control cities may require an owner to let a tenant with a mobility disability move to an available comparable unit on an accessible floor, under set conditions (AB 1620).

Owner checklist

  • Check the certificate of occupancy date
  • Confirm separate-sale status for houses and condos
  • Document why the prior tenant left before resetting rent
  • Clear cited code violations before re-renting

What changed and what’s next

  • Jan 1, 2024: AB 1620 lets rent-control cities require accessible-floor moves for tenants with mobility disabilities

From our East Bay files

When we take on a new property, the first thing we review is its AB 1482 coverage and exemption status, because that shapes every lease decision after it. If a single-family home or condo owner hasn't served the exemption notice, we address it before the next lease cycle.

All East Bay Properties, Emeryville

Article provided for general informational purposes only and does not constitute legal advice. California landlord-tenant law is subject to change, and local ordinances in Berkeley, Oakland, and other East Bay cities may impose requirements beyond those described here. Consult a licensed attorney or qualified property management professional before taking action based on any information in this guide.

Jason Crouch · Founder, All East Bay Properties · CA DRE #01295378 · Licensed broker and East Bay property manager since 2005
Jason Crouch · Founder,
All East Bay Properties

Jason Crouch is the founder of All East Bay Properties, which he established in Emeryville in 2005. For more than 20 years, he has managed residential rental properties across Oakland, Berkeley, Emeryville, and the broader East Bay — navigating some of California’s most tenant-protective rental markets in the country.

Jason holds a California real estate broker license (DRE #01295378) and is a member of the National Association of Residential Property Managers (NARPM) — the professional association for property management specialists — and is a member of the Bridge Association of Realtors. He has served as Chair of the Emeryville Chamber of Commerce, as incoming Chair of the Oakland Association of Realtors, and on the board of BridgeMLS. He was also a board member of ECAP, the Emeryville Citizens Assistance Program.

Need a Hand?

📬 Get the Thursday Tip + Free Rental Rules Cheat Sheet

A quick-reference guide to California and East Bay rental rules for 2026.
One practical East Bay housing insight, delivered weekly by email.

* required

🇺🇸


No spam. Unsubscribe anytime.
View past tips