Pomona Rent Control
The Pomona Urgency Ordinance’s rent control protections (“Pomona Rent Control”) protect tenants by limiting rent increases to reasonable amounts per year. For units covered by the law, Pomona Rent Control limits rent increases to no more than four percent (4%) or the change in the Consumer Price Index, whichever less.
California Rent Control may protect Pomona tenants not covered by Pomona Rent Control or the Pomona Rent Ordinance. Click here to learn about the tenant rights provided by California Rent Control (AB 1482).
Am I Covered Under Pomona Rent Control?
Pomona Rent Control covers Pomona tenants in all units except:
- Units with a certificate of occupancy issued after February 1, 1995;
- Single-family homes containing just one unit and condominiums;
- Units in stock cooperatives and community apartment projects, as specified in California Business and Professions Code section 11004.5(b), (d), and (f); and,
- Units subsidized by the government, including Section 8. Pomona Urgency Ordinance No. 4320 § 2(b).
What is the Maximum Rent Increase Permitted Under Pomona Rent Control?
For units covered under Pomona Rent Control, landlords may not request or receive rent above the maximum amount permitted by law. Pomona Urgency Ordinance No. 4320 § 2(a). Pomona Rent Control limits annual rent increases to no more than four percent (4%) or the change in the Consumer Price Index, whichever less. Pomona Urgency Ordinance No. 4320 § 5(a). Rent increases failing to comply with Pomona Rent Control are null and void.
Please note that the landlord may petition the City of Pomona for relief from Pomona Rent Control. Pomona Urgency Ordinance No. 4320 § 8(a). If the City of Pomona grants the landlord’s petition, the landlord will be permitted to increase the Pomona tenant’s rent in an amount greater than the limitations imposed by Pomona Rent Control. The City of Pomona will only grant a petition where the landlord proves, by a preponderance of the evidence at a hearing, that they are unable to earn a fair and reasonable return due to Pomona Rent Control.
If I Am Covered Under Pomona Rent Control, Can My Landlord Serve Multiple Rent Increases Per Year?
No, landlords may only serve one rent increase in twelve months where the Pomona tenant is covered under Pomona Rent Control. Pomona Urgency Ordinance No. 4320 § 5(a)(3).
Does Pomona Rent Control Limit the Initial Rent Set for New Tenancies?
No, Pomona Rent Control does not limit the initial rent landlords may charge Pomona tenants at the inception of their tenancies. Pomona Urgency Ordinance No. 4320 § 5(b). Landlords may set initial rent without restriction when beginning a new tenancy in a formerly vacant unit. However, Pomona Rent Control applies to Pomona tenants in covered units after the landlord sets the rent and the tenancy begins.
If I Am Covered Under Pomona Rent Control, Can My Landlord Increase the Rent if my Unit is Uninhabitable?
Pomona tenants in units covered under Pomona Rent Control are protected from rent increases when facing uninhabitable conditions. Specifically, Pomona Rent Control forbids rent increases to such units where the landlord fails to maintain or repair habitability issues in violation of California Civil Code section 1941.1. Pomona Urgency Ordinance No. 4320 § 5(d). Pomona tenants facing rent increases despite living in uninhabitable conditions may petition City of Pomona to invalidate the unlawful rent increase and obtain the return of any unlawfully collected rent.
If I Am Covered Under Pomona Rent Control, Can I Lower My Rent for Uninhabitable Conditions or Other Decrease in Housing Services?
Yes, Pomona tenants living in units covered under Pomona Rent Control may petition the City of Pomona to lower their rent when living in uninhabitable conditions or suffering some other loss of service, such as the loss of use of their garage space. If the tenant is successful, the City of Pomona will order the landlord to decrease the Pomona tenant’s rent until the landlord rectifies the repair issues or restores the decreased or lost housing service.
My Landlord Violated Pomona 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 Pomona landlords often increase rent to an amount in violation of Pomona Rent Control, or in lieu of performing an Pomona Ellis Act eviction, or Pomona Owner Move-In or Relative Move-In eviction. Contact Astanehe Law to discuss the Pomona Rent Ordinance, Pomona Rent Control, or California Rent Control (AB 1482) with a tenant attorney today.