The City of Antioch Rent Stabilization and Anti-Harassment Ordinances protect tenants from unreasonable rent increases and from harassment by their landlord. While the City’s ordinance does not provide eviction protections, some tenants may have protections under state law.
Do I Have Rent Caps Under The Antioch Rent Stabilization Ordinance?
All units built before February 1, 1995, are covered by the Antioch Rent Stabilization Ordinance, except single-family homes, condominiums, government owned units, below-market-rate units, college and grade-school dorms, mobile homes in mobile home parks, hotels, rooming and boarding houses rented to transient guests for thirty days or less, hospitals, medical care facilities, residential care facilities, group homes for seniors or the disabled, and transitional housing and shelters. Antioch, Cal. Mun. Code § 11-3.08. Also exempt from rent control in Antioch are units that the landlord or landlord’s family occupies continuously and units where the tenant and landlord share a bathroom or kitchen. Id.
Does My Tenancy Fall Under The State Of California Tenant Protection Act Of 2019 Or The Antioch Rent Stabilization Ordinance?
The rent-ceiling protections under the California Tenant Protection Act of 2019 (“California Rent Control”) apply to all units in Antioch that are not covered by the City of Antioch Rent Stabilization Ordinance and that otherwise meet the requirements of state rent control. If your Antioch unit is one of the exempt buildings under the City’s law, please read our guide to determine if your unit is covered by California Rent Control rent caps.
How Much Can A Landlord Raise The Rent On Units Covered By The Antioch Rent Stabilization Ordinance?
For units covered by the Antioch Rent Stabilization Ordinance, a landlord can only increase the rent by the lesser or 3% or 60% of the annual percent change in the Consumer Price Index for All Urban Consumers in the San Francisco-Oakland-Hayward Area. Antioch, Cal. Mun. Code § 11-3.04. A landlord is only allowed one rent increase per year. Id.
If a landlord has not properly registered a unit with the city or has failed to maintain the residential real property in compliance with a notice of violation or Civil Code § 1941.1 and Health and Safety Code §§ 17920.3 and 17920.10, no rent increase will be allowed. Antioch, Cal. Mun. Code § 11-3.09.
Any rent increase notice that does not contain the following is void: (1) that the tenancy is regulated by the City of Antioch Rent Stabilization Ordinance; (2) that the tenant has a right to submit a complaint to the city for illegally rent charges or increases; (3) that the tenant has a right to respond to any fair return petition filed by the landlord; and (4) that no rent increase is effective unless all requirements are met. Antioch, Cal. Mun. Code § 11-3.10.
Can A Tenant File A Rent Reduction Petition In Antioch Where A Landlord Illegally Collects Rent, Fails To Repair, Or Decreases Services?
If a tenant thinks their landlord has charged them more rent than allowed by the Antioch Rent Stabilization Ordinance, they can ask for a rent reduction. Antioch, Cal. Mun. Code § 11-3.06. The landlord will be notified about the tenant’s petition and can respond to the claim of being overcharged. Id. It is up to the tenant to prove that a rent reduction is warranted. Id. The tenant must provide details such as dates of tenancy, dates of rent increases, amount of rent increases, dates of charges, and amounts of charges. Id.
Can A Landlord Ever Demand More Rent That Allowed Under The Antioch Rent Stabilization Ordinance?
If a landlord feels that the allowable increases under the Antioch Rent Stabilization Ordinance are not providing a fair and reasonable return, the landlord can file a petition for a larger increase in rent. Antioch, Cal. Mun. Code § 11-3.07. The fair return petition is submitted to the city, and the tenants then have thirty days to reply with supporting evidence. Id. The landlord has the burden of establishing that the landlord is not receiving a fair and reasonable return on investment. Id. The following factors are considered (1) the rate of inflation, (2) prior petitions for rent increases, (3) capital improvements, (4) rehabilitation work; (5) changes in property taxes, utility charges, operating and maintenance expenses; (6) the need for repairs; and (7) the amount and quality of tenant services. Id.
What Happens If A Landlord Retaliates For A Tenant Exercising Rights Under The Antioch Rent Stabilization Ordinance?
A landlord cannot threaten to evict, decrease services, or attempt to increase rent in retaliation for a tenant exercising right under the Antioch Rent Stabilization Ordinance. Antioch, Cal. Mun. Code § 11-4.01. Acts of retaliation are a defense to an eviction action. Id. In addition, a tenant may sue a landlord for actual and punitive damages and injunctive relief. Id.
Who Is Protected By The Antioch Tenant Anti-Harassment Ordinance?
The Antioch Tenant Anti-Harassment Ordinance applies to all landlords and tenants of residential rental units within the city, except the following: hospitals, skilled nursing facilities, health facilities, substance-abuse housing, homeless shelters and transitional housing, and permanent housing for the formerly homeless. Antioch, Cal. Mun. Code § 11-5.02. Hotels are also not covered, except where the tenants has been in continuous occupancy for thirty-one days or more. Id.
What Types Of Harassment Are Prohibited?
No landlord or landlord agent or employee shall do any of the following in bad faith;
(1) Interrupt, terminate, or fail to provide, or threaten to interrupt, terminate, or fail to provide, housing services required by a rental housing agreement or by state or local housing, health, or safety laws. This includes, without limitation, the following:
(a) Curtailing any utility services by any means whatsoever including, but not limited to, the cutting or removal of wires, removal of fuses, switching of breakers, and non-payment of bills for utilities that are part of the housing services. Utility services includes, but is not limited to, water, heat, electricity, gas, telephone, cable, internet, garbage and recycling collection, and sewage.
(b) Impeding reasonable access to the rental unit.
(c) Removing, without replacement within a reasonable time period, when building permits are obtained, if required, doors or windows of the rental unit.
(2) Fail to perform, or threaten to fail to perform, repairs or maintenance required by a rental housing agreement or by state or local housing, health, or safety laws.
(3) Fail to exercise due diligence in completing repairs or maintenance once undertaken or fail to follow appropriate industry repair containment or remediation protocols designed to minimize exposure to noise, dust, lead paint, mold, asbestos, or other building materials with potentially harmful health impacts.
(4) Take, or threaten to take, any action to recover possession or cause the tenant to quit the unit involuntarily, decrease a housing service, or increase rent with the intent to retaliate against a tenant for the tenant’s assertion or exercise of any right under this title, including a right to request reasonable repairs or maintenance, or to deter the assertion or exercise of such rights.
(5) Solicit a tenant for sexual conduct in exchange for protection from eviction, repairs or maintenance of the rental unit or rental property, or the fulfilment of an obligation of the landlord under the rental housing agreement or law.
(6) Abuse the right of access into a rental unit as established and limited by Cal. Civil Code § 1954 or successor statute, including entering or photographing portions of the rental unit that are beyond the scope of a lawful entry or inspection.
(7) Remove from the rental unit personal property, furnishings, or other items that belong to the tenant or that are part of the housing services without the prior written consent of the tenant.
(8) Remove or cause removal of a tenant’s vehicle from the rental property or abutting street in violation of applicable law.
(9) Influence or attempt to influence a tenant to vacate a rental unit through fraud, intimidation, or coercion. This includes threatening to report a tenant or other person known to the landlord to be associated with the tenant to any local, state, or federal agency based on their perceived or actual immigration status.
(10) Offer payments to a tenant to vacate more than once in six months, after the tenant has notified the landlord in writing the tenant does not desire to receive further offers.
(11) Attempt to coerce a tenant to vacate with offers to vacate that are accompanied with threats or intimidation.
(12) Threaten a tenant or their guest by word or gesture with physical harm.
(13) Engage in verbal or nonverbal abuse of a tenant or their guest or use verbal or nonverbal actions directed at a tenant or their guest that are likely, or intended, to cause physical, mental, or emotional harm, including verbal or nonverbal actions directed toward a tenant or their guest as a member of a protected class that are likely, or intended, to cause, physical, mental, or emotional harm.
(14) Engage in any act or omission that interferes with a tenant’s right to quiet use and enjoyment of a rental unit.
(15) Violate a law that prohibits discrimination based on actual or perceived race, color, sex (including pregnancy, childbirth, and related medical conditions), gender, sexual preference, sexual orientation, ethnic background, nationality, ancestry, place of birth, immigration or citizenship status, primary language, religion, age, source of income, military or veteran status, familial status (including parenthood, occupancy of a minor child, and composition of family unit), marital status, disability (including mental and physical disability), genetic information, or medical condition.
(16) Refuse to accept or acknowledge receipt of a tenant’s lawful rent payment, except when a landlord is engaged in a tenant eviction process.
(17) Refuse to cash a rent check or money order for more than thirty days, except when a landlord is engaged in a tenant eviction process.
(18) Engage in any act that interferes with a tenant’s right to privacy or request information that violates a tenant’s right to privacy, including, without limitation, residency or citizenship status or social security number, except as authorized by law.
(19) Misrepresent to a tenant that they are required to vacate a rental unit or otherwise entice a tenant to vacate a rental unit through misrepresentations or concealment of material facts.
(20) Force a tenant to vacate a hotel to avoid classification as a tenant.
(21) Unilaterally impose or require an existing tenant to agree to material new terms of tenancy or to a new rental housing agreement.
(22) Take any action to recover possession of a rental unit that is exempt from rent increase limitations under this title or any other provision of law by means of a rent increase that is imposed in bad faith with intent to coerce the tenant into vacating the rental unit in circumvention of state and local eviction protection laws. Evidence of bad faith may include, without limitation, the following: (i) the rent increase was substantially in excess of market rates for comparable units; (ii) the rent increase was within six months after an attempt to recover possession of the unit; and (iii) such other factors as a court may deem relevant.
(23) Prohibit, interfere with, retaliate against, or threaten retaliation against tenant organizing activities or engaging in other political activities.
(24) Taking away any of the following without good cause: garage facilities, parking facilities, driveways, storage spaces, laundry rooms, decks, patios, backyards, gardens on the same lot, kitchen facilities, toilet facilities, or lobbies.
(25) Other repeated acts or omissions of such significance as to substantially interfere with or disturb the comfort, peace or quiet of any person lawfully entitled to occupancy of such rental unit and that cause, are likely to cause, or are intended to cause any person lawfully entitled to occupancy of a rental unit to vacate such rental unit or to surrender or waive any rights in relation to such occupancy.
Antioch, Cal. Mun. Code §§ 11-5.03, 11-5.05.
Does My Tenancy Fall Under The State Of California Tenant Protection Act Of 2019 Or The City Of Antioch Rent Stabilization Ordinance For Eviction Protection?
The City of Antioch Rent Stabilization Ordinance does not provide tenants with just cause eviction protection. However, some tenants in Antioch may have eviction protection under the State of California Tenant Protection Act of 2019 (“California Rent Control”).
The eviction protections under the California Tenant Protection Act apply to all units in Antioch that meet the requirements of state rent control eviction protections. In general, if you live in a multi-unit building that is at least fifteen years old and you have resided in your unit for at least twelve months, you have eviction protections under the state’s law. Please read our guide to determine if your unit is covered by state law and what requirements a landlord must follow to evict a tenant who falls under the California Rent Control eviction protections.
Can I Sue My Landlord For Illegally Collecting Rent?
Any person who violates or aids or incites another person to violate the provisions of the Antioch Rent Stabilization Ordinance is liable for actual damages and emotional or statutory damages in the sum of three times the illegally demanded, accepted, or retained rent or $1,000, whichever is greater. Antioch, Cal. Mun. Code § 11-3.11(A)-(F). Emotional distress damages may be tripled if the trier of fact finds that the landlord acted in knowing violation of or in reckless disregard of this Antioch Rent Stabilization Ordinance. Id. The trier of fact may also award punitive damages. Id. The prevailing party shall be entitled to recover reasonable attorney fees and costs. Id.
Can I Sue For Harassment Under The Antioch Tenant Anti-Harassment Ordinance?
A tenant may sue a landlord for harassment in violation of the Antioch Tenant Anti-Harassment Ordinance. Antioch, Cal. Mun. Code § 11-5.07(A)-(F). The damages include loss of the value of the unit, emotional distress, moving costs, out-of-pocket costs, and return of rent. Id. The tenant will be entitled to three times actual damages or $2,000 for each offense, whichever is greater. Id. Emotional distress damages will be tripled where the jury finds that the landlord acted in knowing violation of or reckless disregard of the Antioch Tenant Anti-Harassment Ordinance. Id. Tenants who are disabled or over the age of sixty-five are entitled to additional statutory damages of $5,000 per harassing act. Id. Disability is defined as a physical or mental impairment that if left untreated would limit a major life activity. Id. Landlords may also be liable for punitive damages and civil penalties up to $10,000 per violation depending upon the severity of the violation or history of violations. Id. Attorney fees and costs are also recoverable. Id. A prevailing landlord can only recover fees if it is determined that the action was devoid of merit and brought in bad faith. Id.
Tenants should call Tobener Ravenscroft LLP at (415) 504-2165 to speak with a tenant attorney if they have any questions about their local laws or if they believe their landlord has violated the City of Antioch Rent Stabilization or Anti-Harassment Ordinances.
