AB 1482 - California Tenant Protection Act
The maximum rent increase for units under AB 1482 is currently 8.8% (effective from August 1, 2024 to July 31, 2025) for Alameda.
The cap will be 6.3% effective August 1, 2025, through July 31, 2026.
What is AB 1482?
AB 1482 , also known as the Tenant Protection Act of 2019, is a California state law that establishes statewide protections for renters, including:
- Rent Increase Limits: Caps annual rent increases at 5% plus the local Consumer Price Index (CPI), or 10%, whichever is lower.
- Just Cause Eviction Protections: Requires landlords to provide a valid reason for terminating a tenancy after 12 months of occupancy.
How Does AB 1482 Interact with Alameda's Rent Ordinance ?
AB 1482 specifically states that it does not affect the authority of local jurisdictions like Alameda to adopt or maintain their own limits on rent increases for multi-unit properties built before February 1, 1995, as well as just-cause provisions that apply to all rental properties in Alameda.
The Rent Ordinance permits the Rent Program to enforce AB 1482’s rent increase limits consistent with authority granted under state law to the City Attorney’s Office.
The Alameda City Council has found that the Rent Ordinance’s just cause provisions are more protective of tenants’ rights than AB 1482’s just cause provisions, so the Rent Ordinance’s provisions apply to all tenancies.
Which Properties Are Covered?
In Alameda, the following rental units are subject to AB 1482’s rent increase limits even though they are exempt from Alameda’s local limits:
- Properties with three or more units
- All units built after February 1, 1995, but more than 15 years ago. This applies on a rolling basis. (For example, a unit constructed on January 1, 2006 is exempt as of January 1, 2020, but becomes covered by AB 1482 protections on and after January 1, 2021.)
- All units built after February 1, 1995, but more than 15 years ago, provided the other unit has not been occupied by an owner of the property for the entire period of the tenancy.
- Single-family homes and condominiums
- All units built more than 15 years ago, if either of the following apply:
- The property is owned by a corporation, Real Estate Investment Trust (REIT), and/or an LLC with at least one corporate member, OR
- A non-corporate owner failed to provide the tenant with a written notice of exemption using legally required language (see below).
Notice Requirements
For all tenants in units covered by AB 1482:
A written notice must be given explaining AB 1482’s rent increase and eviction protections:
- Before August 1, 2020 (for tenancies existing before July 1, 2020), or
- At the start of tenancy (for leases signed or renewed on or after July 1, 2020), either as an addendum or a separate written notice signed by the tenant.
Required Language:
“California law limits the amount your rent can be increased. See Section 1947.12 of the Civil Code for more information. California law also provides that after all of the tenants have continuously and lawfully occupied the property for 12 months or more or at least one of the tenants has continuously and lawfully occupied the property for 24 months or more, a landlord must provide a statement of cause in any notice to terminate a tenancy. See Section 1946.2 of the Civil Code for more information.”
For exempt single-family homes and condominiums:
If an owner claims exemption from AB 1482 based on the property being a single-family home or condo, the following notice must be included in the lease (for tenancies beginning or renewed on or after July 1, 2020):
Required Language:
“This property is not subject to the rent limits imposed by Section 1947.12 of the Civil Code and is not subject to the just cause requirements of Section 1946.2 of the Civil Code. This property meets the requirements of Sections 1947.12 (d)(5) and 1946.2 (e)(8) of the Civil Code and the owner is not any of the following: (1) a real estate investment trust, as defined by Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation.”
What Are the Rent Increase Limits Under AB 1482?
- Under AB 1482, annual rent increases are limited to 5% plus the local Consumer Price Index (CPI), or 10%, whichever is lower. These limits apply to rent increases effective between August 1 and July 31 of the following year.
Effective Period
|
CPI (%)
|
AB 1482 Increase Cap
|
August 1, 2025 – July 31, 2026
|
1.3
|
6.3
|
August 1, 2024 – July 31, 2025
|
3.8
|
8.8
|
August 1, 2023 – July 31, 2024
|
4.2
|
9.2
|
August 1, 2022 – July 31, 2023
|
5.0
|
10.0
|
August 1, 2021 – July 31, 2022
|
3.8
|
8.8
|
August 1, 2020 – July 31, 2021
|
1.1
|
6.1
|
January 1, 2020 – July 31, 2020
|
4.0
|
9.0
|
For Alameda, the local CPI is defined as the percentage change from April 1 of the prior year to April 1 of the current year in the Consumer Price Index for All Urban Consumers for All Items (CPI-U) for the San Francisco-Oakland-Hayward metropolitan area.
Are Duplexes in Alameda Exempt from Rent Control?
It depends mainly on the year of construction. Alameda’s local limit on rent increases, the Annual General Adjustment, applies to all properties with at least two units on a legal lot of record built before February 1, 1995. This covers most duplexes in Alameda.
For duplexes built after February 1, 1995, but more than 15 years ago, AB 1482’s limit on rent increases applies unless the other unit has been occupied by an owner of the property for entire period of the tenancy.
Do Units That Are Exempt from AB 1482 Still Need to be Registered with the Alameda Rent Program?
Yes. The Alameda Rent Ordinance requires the registration of all rental units, regardless of AB 1482’s exemption allowances. Rental units that are not subject to Alameda’s local limit on rent increases are considered “partially regulated” and are still subject to the local just-cause provisions, certain registration requirements(PDF, 200KB), and a reduced annual program fee.