The City of Antioch recently passed a Rent Stabilization Ordinance protecting most Antioch tenants from drastic and life-altering rent increases.  The Antioch Rent Ordinance’s rent control provisions limit annual rent increases yearly.  Tenants whose Antioch Rent Ordinance rights were violated have actionable claims against their landlords to recover money damages.

California Rent Control may protect Antioch tenants not covered by Antioch Rent Control.  Click here to learn about the tenant rights provided by California Rent Control (AB 1482).

To learn more about the Antioch Rent Ordinance, continue reading or contact Astanehe Law to discuss your tenant rights and options with a tenant attorney.

Antioch Rent Control

The Antioch Rent Ordinance’s rent control protections (“Antioch Rent Control”) protect tenants by limiting rent increases to reasonable amounts per year.  For units covered by Antioch Rent Control, the landlord may not increase the rent in an amount more than the lesser of either 60% of CPI for the San Francisco Bay Area metro area or 3%.  Antioch Municipal Code § 11-1.03.  Under the new law, landlords may not serve a rent increase notice in any twelve-months.

What Rental Units Does Antioch Rent Control Cover?

Only covered rental units are subject to Antioch Rent Control.  Antioch Municipal Code § 11-1.06.  All rental units built before on or before February 1, 1995, in the City of Antioch are covered, except for the following:

  • Single-family homes;
  • Condominiums;
  • A unit owned, operated, or managed by the government, or that is exempt from local rent control by law or regulation;
  • Dormitories owned and operated by a school or college;
  • Mobile homes in mobile home parks;
  • A unit in a hotel, motel, inn, tourist home, or rooming and boarding house primarily rented to transient guests for 30 consecutive days or less;
  • A unit in a hospital, medical care facility, residential care facility, asylum, group home for seniors or the disabled, or a homeless transitional housing program;
  • A unit where the landlord or their immediate family occupied, as their principal place of residence at the beginning of the tenancy, and continues occupying; and,
  • A unit within a dwelling unit is shared with the landlord, as the landlord’s principal residence, and the landlord also shares a bathroom or kitchen with the tenant.

How Much Can a Landlord Increase an Antioch Tenant’s Rent Under Antioch Rent Control?

For units not covered by California Rent Control or Antioch Rent Control, the landlord can likely increase the rent without limitation.

The landlord must comply with California Rent Control’s rent cap provisions for units covered under California Rent Control.

For units covered under Antioch Rent Control, the landlord may not increase the rent in an amount more than the lesser of either 60% of CPI for the San Francisco Bay Area metro area or 3%.  Antioch Municipal Code § 11-1.03.  Antioch tenants must multiply their base rent by the allowable rent increase percentage to calculate a permissible rent increase.

How Do Antioch Tenants Calculate Their Antioch Rent Control Base Rent?

Although not defined in the Antioch Rent Ordinance, base rent is the rent used to establish all future rent increases under Antioch Rent Control.  The base rent is the rent in effect at the commencement of the tenancy.  Each subsequent year, the base rent is the tenant’s initial rent with any permitted rent increases under Antioch Rent Control.

Does Antioch Rent Control Limit the Number of Rent Increases a Landlord May Serve Per Year?

Yes, Antioch Rent Control limits the landlord to one rent increase per twelve months.  Antioch Municipal Code § 11-1.03.

Can an Antioch Landlord Ever Serve a Rent Increase Larger than Antioch Rent Control’s Rent Limitation?

Yes, Antioch Rent Control permits landlords to petition the City of Antioch to increase the rent in excess of Antioch Rent Control.  Antioch Municipal Code § 11-1.05.  If the City of Antioch grants the landlord’s petition, the landlord will be permitted to increase the rent in excess of Antioch Rent Control.  The City of Antioch must decide on a petition within ninety (90) days of the landlord’s filing.  The decision is final and not appealable.

When is a Rent Increase Ineffective?

Under certain circumstances, a landlord’s rent increase served under Antioch Rent Control shall not be effective.  These include where the landlord:

  • Fails to substantially comply with all provisions of the Antioch Rent Control Ordinance, and any other landlord-tenant rent policies, regulations, or resolutions;
  • Fails to maintain the property in a habitable condition; or,
  • Fails to make repairs ordered by the City of Antioch or a Court.  Antioch Municipal Code § 11-1.07.

What Documents Must Landlords Provide Antioch Tenants Simultaneously While Serving Rent Increases Under Antioch Rent Control?

When serving a notice to increase rent, landlords must serve Antioch tenants covered under Antioch Rent Control with written notice of the following:

  • The tenancy is regulated by the Antioch Rent Stabilization Ordinance, Antioch Municipal Code, Title 11, Chapter 1;
  • The tenant has the right to submit a complaint to the City pursuant to the procedures established pursuant to Antioch Rent Control;
  • The tenant has a right to respond to any Fair Return Petition filed by the Landlord; and,
  • No rent increase is effective unless and until the requirements of this Rent Stabilization Ordinance have been met.  Antioch Municipal Code § 11-1.09.

The City of Antioch shall publish all notices.

What Documents Must Landlords Provide Antioch Tenants When Commencing a Tenancy?

When commencing a tenancy, landlords must serve Antioch tenants covered under Antioch Rent Control with written notice of the following:

  • The tenancy is regulated by the Antioch Rent Stabilization Ordinance, Antioch Municipal Code, Title 11, Chapter 1;
  • The tenant has the right to submit a complaint to the City pursuant to the procedures established pursuant to Antioch Rent Control;
  • The tenant has a right to respond to any Fair Return Petition filed by the Landlord; and,
  • No rent increase is effective unless and until the requirements of this Rent Stabilization Ordinance have been met.  Antioch Municipal Code § 11-1.09.

The Antioch tenant is entitled to be provided notice in the same language used in the operative written lease agreement.  Where the landlord and Antioch tenant do not enter into a written lease, the Antioch tenant is entitled to give notice to the tenant in the language primarily used when negotiating the terms of the tenancy.  The City of Antioch shall publish all notices.

Must Landlords Register Antioch Rental Units Cover Under Antioch Rent Control?

Antioch Rent Control requires landlords to register each rental unit with the City of Antioch and pay a Rent Program Fee.  Antioch Municipal Code § 11-1.10.

May Antioch Tenants Waive Their Rights Under Antioch Rent Control?

No.  Antioch tenants may never waive their rights under Antioch Rent Control.  Antioch Municipal Code § 11-1.07.  Any waiver of rights is void as contrary to public policy.

What Damages May Antioch Tenants Recover for Landlord Violations of the Antioch Rent Control?

 The Antioch Rent Control contains a private right of action for landlord violations.  Antioch Municipal Code § 11-1.09.  Under the Antioch Rent Control law, any person who violates or aids or incites another person to violate the provisions of this Rent Stabilization Ordinance is liable for every offense for money damages of at least three (3) times actual damages suffered by an aggrieved party, including damages for mental and emotional distress, or on thousand dollars ($1,000), whichever greater.  Mental and emotional distress shall only be trebled if the trier of fact finds that the landlord acted in knowing violation of or in reckless disregard of the law.  Punitive damages are also available.

Further, any person convicted of violating Antioch Rent Control is guilty of a misdemeanor and shall be punished by a fine of not greater than one thousand dollars ($1,000) or imprisonment in the county jail for not more than six (6) months, or both.

Alternatively, Antioch tenants may petition the City of Antioch for a reduction of rent if the Antioch tenant believes the Landlord has charged an unlawful amount of rent.  Antioch Municipal Code § 11-1.05.  The landlord must receive notice of the complaint and have an opportunity to respond to the Antioch landlord’s claim of rent overcharge.

To prevail on a petition for rent overcharge, the Antioch tenant must establish that a rent reduction is necessary to comply with Antioch Rent Control by providing information including the dwelling type, tenancy dates, rent increase dates, rent increase amounts, charge dates, and charge amounts.

The City of Antioch hearing officer must determine the petition within sixty (60) days of the Antioch tenant filing the petition.  The hearing officer’s decision is final, and the Antioch tenant may not appeal it.

To discuss the Antioch Rent Ordinance or California Rent Control (AB 1482) with a tenant attorney, contact Astanehe Law.