Unlawful Rent Increase
Under the Rent Ordinance, a tenant’s rent can only be increased annually by sixty percent of the Bay Area cost of living adjustment. San Francisco Rent Ordinance § 37.3(a)(1). Any rent increases that does not conform to this requirement is void. San Francisco Rent Ordinance § 37.3(b)(5).
A tenant is permitted to recover rent overpayments that resulted from illegal rent increases for the previous three years of the tenancy. San Francisco Rent Ordinance § 37.8(e)(7). When calculating the amount of rent overpayment, the rent must be reset to the last lawful rent imposed before the illegal rent increases. Id.
Our firm will sometimes represent tenants who have illegal rent claims on contingency at the Rent Board, meaning the tenant does not pay unless we recover. Please contact one of our attorneys to discuss this.