California Floating Home Rent Control protects floating home tenants in Alameda, Contra Costa, and Marin counties by limiting rent increases to the lower of either three percent (3%) plus the percentage change in the cost of living; or, five percent (5%). Now, some floating home tenants are protected from extreme rent increases.
Am I Covered Under California Floating Home Rent Control?
Under California Floating Home Rent Control, floating homes in areas where at least five (5) floating home berths are rented, or available for rent are covered. California Civil Code § 800.4. However, California Floating Home Rent Control does not cover floating homes in the following marinas or harbors:
- The marina or harbor is managed by a nonprofit organization and the property, assets, and profits are owned by another nonprofit organization;
- The rules and regulations of the marina or harbor are set by majority vote of the berthholders; or,
- The marina or harbor contains berths for fewer than twenty-five (25) floating homes.
Further, California Floating Home Rent Control does not apply to the following floating home tenancies:
- Floating home berths restricted by deed, a government agency regulatory restriction, or other recorded document as affordable housing for persons and families of very low, low, or moderate income;
- Floating home berths subject to an agreement providing housing subsidies for affordable housing for persons and families of very low, low, or moderate income;
- A floating home berth subject to any ordinance, rule, regulation, or initaitve measure restricting annual increases to rent to an amount less than that mandated under California Floating Home Rent Control. California Civil Code § 800.40.5(d).
Finally, California Floating Home Rent Control only applies to floating home marinas in the Counties of Alameda, Contra Costa, and Marin. California Civil Code § 800.40.5(i).
What is the Maximum Rent Increase Permitted Under California Floating Home Rent Control?
For floating home tenants covered under California Floating Home Rent Control, the maximum rent increase permitted in any twelve (12) month period is the lower of either:
- Three percent (3%) plus the percentage change in the cost of living; or,
- Five percent (5%). California Civil Code § 800.40.5(a)(1).
The landlord must use the lowest gross rental rate charged for the floating home tenancy during the preceding twelve (12) months before the proposed rent increase effective date. California Civil Code § 800.40.5(a)(1).
If I Am Covered Under California Floating Home Rent Control, Can My Landlord Serve Multiple Rent Increases Per Year?
Where a floating home tenant remains in the same floating home over any twelve (12) month period, the gross rental rate for the tenancy cannot increase more than two (2) times over that period. California Civil Code § 800.40.5(a)(2).
How Many Day’s Notice Must My Landlord Provide When Increasing My Floating Home Rent Under California Floating Home Rent Control?
The landlord or management must provide at least thirty (30) days written notice when increasing rent under California Floating Home Rent Control. California Civil Code §§ 800.40, 800.40.5(c).
What Information Must Rent Increase Notices Contain Under California Floating Home Rent Control?
Under California Floating Home Rent Control, the landlord or management company must provide at least thirty (30) days written notice of the proposed rent increase including the reason for the increase, and the basis for any calculation used in determining the rent increase amount. California Civil Code §§ 800.40, 800.40.5(c).
When Does California Floating Home Rent Control Take Effect?
California Floating Home Rent Control’s rent caps apply to rent increases occurring on or after January 1, 2022. California Civil Code § 800.40.5(e)(1)(A). The law itself becomes operative on January 1, 2023. California Civil Code § 800.40.5(e)(1)(B).
How Long Does California Floating Home Rent Control Remain Effective?
California Floating Home Rent Control remains effective until January 1, 2030. California Civil Code § 800.40.5(j).
Are New Floating Home Tenancies Subject to Vacancy Control?
Floating home tenancies are not subject to vacancy control under California Floating Home Rent Control. California Civil Code § 800.40.5(b)(1). Where a new homeowner purchases a floating home as an “in-place transfer,” the landlord is not allowed to impose a corresponding rent increase. California Civil Code § 800.40.5(b)(2). Further, the landlord must abide by California Floating Home Rent Control going forward.
An in-place transfer occurs where the floating home is transferred by sale from a homeowner to the next homeowner, and the floating home remains docked at the same berth. California Civil Code § 800.40.5(g)(3).
Can a Floating Home Tenant Waive Their California Floating Home Rent Control Rights?
No, California Floating Home Rent Control contains an anti-waiver provision, which voids any waiver as contrary to public policy. California Civil Code § 800.40.5(f).
My Landlord Violated California Floating Home Rent Control, Do I Have a Claim?
Yes, you may have a claim for an unlawful rent increase or wrongful eviction, which could entitle you to monetary damages. Contact Astanehe Law to discuss the California Floating Home Rent Control with a tenant attorney today.