The City Council of the City of Antioch adopted a Rent Stabilization Ordinance (“RSO”) that became effective on November 11, 2022. The RSO is a part of the Antioch Municipal Code and can be found in Chapter 1 of Title 11, beginning with Section 11-1.01. Unless a rental unit is exempt from the RSO, the RSO limits how much and how often a Landlord can increase Rent.
The RSO applies to increases of Rent for rental units covered by the RSO that occur on or after August 23, 2022. Pursuant to § 11-1.04 of the RSO, the maximum increase amount on August 23, 2022 through at least early January is 3% of current Rent. Please note, the calculation of the maximum increase amount depends on the and the San Francisco-Oakland-Hayward, CA, CPI-U, 12-month index, which is published every other month and is scheduled to be published again on January 12, 2023. See the Frequently Asked Questions for more information. Rent cannot be increased until 12 months have passed since the last increase, even if the last increase occurred before August 23, 2022.
If Rent for a rental unit subject to the RSO was increased on or after August 23, 2022 above what is permitted by the RSO, the Rent should be reduced to a lawful amount immediately. Any Rent paid, charged, or collected on or after November 11, 2022 above what is permitted by the RSO should be refunded to the Tenant immediately.
The RSO does NOT apply to units that are exempt from the Ordinance. See Section 11-1.08 of the RSO for the list of rental units that are not subject to the RSO.
The Rent Program is charged with implementing and administering the RSO. Some of the requirements of the RSO are still in development, such as the Notice forms that Landlords are required provide to Tenants and the Rental Unit Registry. As specified in the Special Regulation for Tenancies Existing Before January 1, 2023, the Rent Program is providing a grace period during the month of December for Landlords to meet the Notice requirements for existing tenancies. The City will provide additional information about the Rental Unit Registry in the coming months.
Currently, Landlords should ensure the Rent charged as of November 11, 2022, including any Rent increases that occurred on or after August 12, 2022, complies with the RSO. Tenants should check to see if they are being charged no more than what is allowed.
The Rent Program also administers the Petition proceedings of the RSO. Tenants may file a Petition for Reduction of Rent with the City if they believe they are being charged more than the amount permitted by the RSO. Landlords may file a Petition for Additional Rent Increase if they believe they have unusual circumstances that necessitate a Rent increase above the maximum limit.
Please note that the amount of Rent charged at the beginning of a new tenancy is not limited by the RSO. This is because a State law prohibits the City from regulating the initial Rent of most tenancies. For this reason, the RSO protects Tenants after their tenancy begins by regulating how much the Rent is increased each year.