The Baldwin Park Rent Ordinance’s rent control protections (“Baldwin Park Rent Control”) protects and increases the affordable housing supply by limiting rent increases to reasonable amounts for tenants.  For units protected by Baldwin Park Rent Control, the landlord may not increase the rent in an amount more than the Consumer Price Index for All Urban Consumers(“CPI-U”).  Baldwin Park Municipal Code § 129.04(c).  Further, a landlord may never increase rent more than three percent in twelve months.  Id.  Where the CPI-U is zero or less than one percent, the landlord may increase rent by one percent.  Baldwin Park Municipal Code § 129.04(d).

What Rental Units Does Baldwin Park Rent Control Cover?

Only controlled rental units are subject to Baldwin Park Rent Control.  Baldwin Park Municipal Code § 129.01(a).  Controlled rental units are all units in the City of Baldwin Park built before January 1, 1995, except:

  • Mobile homes;
  • Mobile home spaces;
  • Duplexes;
  • Trailers and trailer spaces;
  • Single-family homes;
  • Units in hotels, motels, inns, tourist homes and rooming and boarding houses, rented primarily to transient guests for fewer than thirty days;
  • Units in hospitals, convents, monasteries, extended medical care facilities, asylums, non-profits for the elderly, or dorms owned and operated by higher education entities;
  • Units owned, operated, managed, or subsidized by the government, including affordable housing units and Section 8 housing;
  • Units where an owner with at least a 50% ownership interest resides in the unit as their principal residence, provided that the property has no more than three total units;
  • Units constructed after the adoption of the Baldwin Park Rent Ordinance, except for new units created by conversion;
  • Units used for providing child care or other residential social services, on a non-profit basis;
  • Exemptions granted by the City Council, or a designee, upon application by the owner.

How Long Did the Baldwin Park Rent Ordinance Rent Freeze & Eviction Moratorium Last?

The adoption of Baldwin Park Rent Control included a temporary rent freeze and no-fault eviction prohibition.  Baldwin Park Municipal Code § 129.04(a).  Although the rent freeze ceased on March 4, 2020, Baldwin Park extended the moratorium on no-fault evictions due to the Coronavirus/COVID-19 pandemic.  Additionally, Baldwin Park tenants affected by the Coronavirus/COVID-19 are protected by the Baldwin Park eviction moratorium.

Under Baldwin Park Rent Control, How Much Can A Landlord Increase the Rent?

Baldwin Park Rent Control limits rent increases to a 3% maximum per twelve-month period.  Baldwin Park Municipal Code § 129.04(c).  The exact amount is set according to the CPI-U.  Id. Where the CPI-U is zero or less than one percent, the landlord may increase rent by one percent.  Baldwin Park Municipal Code § 129.04(d).

To calculate a permissible rent increase, Baldwin Park tenants must multiply their base rent ceiling by the allowable rent increase percentage.

How Do Baldwin Park Tenants Calculate Their Baldwin Park Rent Control Base Rent?

Base rent is the rent that establishes the amount of all future rent increases under all subsequent Baldwin Park Rent Control rent increases.  In March 2020, landlords must reset rent in covered units to the rent in effect on March 5, 2019.  The rent in effect on March 5, 2019, is the tenant’s base rent.  Baldwin Park Municipal Code § 129.04(b).  If there was no rent in effect on March 5, 2019, the base rent is the rent charged on the first day of the tenancy.  Id.  For all new tenancies established after the adoption of Baldwin Park Rent Control, the initial rental rate is the base rent.  Id.

The base rent is used to help establish the base rent ceiling, which is the reference point from which the rent ceiling may be adjusted upward to establish the maximum permissible rental rate under Baldwin Park Rent Control.  Id.

Baldwin Park Rent Control Posting Requirements

Baldwin Park Rent Control requires Baldwin Park landlords to post a notice informing tenants of the maximum allowable rent informing the affected rent-controlled units.  Baldwin Park Municipal Code § 129.04(e).  The City of Baldwin Park is empowered to penalize landlords who do not comply with Baldwin Park Rent Control’s posting requirement.  Baldwin Park Municipal Code § 129.04(f).

Can Landlords Petition for a Rent Increase Higher Than Permitted Under Baldwin Park Rent Control?

Yes, Baldwin Park Rent Control contains a mechanism for Baldwin Park landlords to petition the City of Baldwin Park for permission to increase a tenant’s rent to an amount higher than permitted by law.  Baldwin Park Municipal Code § 129.05.  This petition is known as a petition for upward adjustment.  A landlord is not permitted to petition for an upward adjustment hearing more than once in twelve months.  Id.

Under Baldwin Park Rent Control, the City of Baldwin Park must inform the tenant of the landlord’s upward adjustment petition.  Baldwin Park Municipal Code § 129.05(d).  Baldwin Park must also notify the tenant of the time, date, and place of the hearing. Baldwin Park Municipal Code § 129.05(e).

Decisions may be appealed to the Baldwin Park City Council.  Baldwin Park Municipal Code § 129.05(l).

The tenant can attend the hearing and argue for a denial of the petition for upward adjustment.  For more information, please contact Astanehe Law for a consultation.

When Can’t Baldwin Park Landlords Increase Rent? 

Baldwin Park Rent Control prohibits landlords from serving rent increases, under any circumstances, where the landlord:

  1. Has failed to comply with any portion of the Baldwin Park Rent Control or Baldwin Park Rent Ordinance, including failure to pay registration fees and penalties; or,
  2. Has failed to comply with state or local housing health or safety laws, such as receiving a City of Baldwin Park Code Enforcement Notice of Violation citing serious health and safety housing defects in a rental unit. Baldwin Park Municipal Code § 129.7.

What Must Landlords Include on Rent Increase Notices Subject to Baldwin Park Rent Control?

California law requires written rent increase notices to be served on tenants.  Civil Code § 827.  Rent increases of 10% or less require thirty days’ notice.  Please note that effective January 1, 2020, rent increases greater than 10% of the tenant’s rent at any time during the prior 12 months of the increase effective date requires 90 days’ notice.  Id.

Baldwin Park Rent Control requires rent increases notices of covered rental units contain a certification that the rental unit is habitable.  Baldwin Park Municipal Code § 129.7.  The City of Baldwin Park provides sample text, which reads: “The undersigned (landlord) certifies that this unit and common areas are not subject to any uncorrected citation or notices of violation of any state or local housing health, or safety laws issued by any government official or agency.”  Rent increases that do not include this certification are void.  Further, a landlord’s noncompliance with this requirement is an affirmative defense in an unlawful detainer (eviction) action.  Baldwin Park Municipal Code § 129.7(b).

Baldwin Rent Control Passthroughs

The Baldwin Park Rent Ordinance allows landlords to passthrough certain expenses onto tenants who may enjoy the benefits of the landlord’s expenditure.  Presently, the Baldwin Park Rent Ordinance provides for two types of passthroughs for common area improvements and capital improvements.

Common Area Improvement Passthroughs

The Baldwin Park Rent Ordinance permits landlords to passthrough money spent to improve common areas.  Baldwin Park Municipal Code § 129.12.  A landlord is permitted to pass through 50% of the expense via rent increase over five years.  Id.  The passthrough must be split equally amongst every unit at the property.  Id. The City of Baldwin Park must approve the passthrough.  Id.  Even where a tenant vacates, the passthrough rent increase runs with the unit for the entire duration of the passthrough.  Id.

Capital Improvement Passthroughs

The Baldwin Park Rent Ordinance permits landlords to passthrough money spent on capital improvements.    Baldwin Park Municipal Code § 129.13.  Although undefined under the Baldwin Park Rent Ordinance, a capital improvement is generally considered an improvement that materially adds to the property’s value, prolongs an item’s useful life, or creates new uses for occupants.  Capital improvements include, but are not limited to, new windows, a new roof, new exterior painting.  Repairs and maintenance work, such as replacing a broken door, is not a capital improvement.  A landlord is permitted to pass through 50% of the expense via rent increase over five years. Id.  The passthrough must be split equally amongst every unit at the property.  Id. The City of Baldwin Park must approve the passthrough.  Id.

My Landlord May Have Violated Baldwin Park Rent Control, Do I have a Claim?

Yes, you may have a claim for unlawful rent increase or wrongful eviction, which could entitle you to money damages.  Unscrupulous Inglewood landlords often increase rent to an amount in violation of Baldwin Park Rent Control, or in lieu of performing a Baldwin Park Ellis Act eviction, or Baldwin Park Owner Move-In or Relative Move-In eviction.  Contact Astanehe Law to discuss the Baldwin Park Rent Ordinance, Baldwin Park Rent Control, or California Rent Control (AB 1482) with a tenant attorney today.