Rent regulation: Difference between revisions
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The classic objective is to limit the price that would result from the market, where an [https://en.wikipedia.org/wiki/Inequality_of_bargaining_power inequality of bargaining power] between [https://en.wikipedia.org/wiki/Landlord landlords] and [https://en.wikipedia.org/wiki/Leasehold_estate tenants] produces continually escalating prices without any stable [https://en.wikipedia.org/wiki/Market_equilibrium market equilibrium]."<br/> - Wikipedia, "Rent regulation." |
The classic objective is to limit the price that would result from the market, where an [https://en.wikipedia.org/wiki/Inequality_of_bargaining_power inequality of bargaining power] between [https://en.wikipedia.org/wiki/Landlord landlords] and [https://en.wikipedia.org/wiki/Leasehold_estate tenants] produces continually escalating prices without any stable [https://en.wikipedia.org/wiki/Market_equilibrium market equilibrium]."<br/> - Wikipedia, "Rent regulation." |
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1) Control of permitted rent change for a current tenant: |
1) Control of permitted rent change for a current tenant: |
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a) fixed. (rare, but exists e.g. in old New York City rent control on some remaining buildings). |
a) fixed. (rare, but exists e.g. in old New York City rent control on some remaining buildings). |
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b) fixed increase per year |
b) fixed increase per year |
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c) change based on objective metric such as CPI (consumer price index) |
c) change based on objective metric such as CPI (consumer price index) |
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d) change based on political/regulatory decision, e.g. municipal Rent Board decision.<br/> ''[when permitted rent change is adjustable this way, and/or it is unregulated upon vacancy, the system is sometimes called 'modern' or 'second-generation' rent controls.]'' |
d) change based on political/regulatory decision, e.g. municipal Rent Board decision.<br/> '' [when permitted rent change is adjustable this way, and/or it is unregulated upon vacancy, the system is sometimes called 'modern' or 'second-generation' rent controls.]'' |
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e) possibly (and typically), other changes are permitted by landlord petition or e.g. to "pass through" expenses such as tax increase or renovation costs. |
e) possibly (and typically), other changes are permitted by landlord petition or e.g. to "pass through" expenses such as tax increase or renovation costs. |
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2) Control of permitted rent change during change of tenant |
2) Control of permitted rent change during change of tenant |
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a) same as within a tenant's tenure, in one of the ways above.<br/> '' [sometimes referred to as 'strong' rent control]. '' |
a) same as within a tenant's tenure, in one of the ways above.<br/> '' [sometimes referred to as 'strong' rent control]. '' |
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b) unregulated, i.e. "resets to market rate," aka there is ''vacancy decontrol. '' |
b) unregulated, i.e. "resets to market rate," aka there is ''vacancy decontrol. '' |
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3) Regulation of which and when units may fall under or exist price regulation. Price regulation may apply: |
3) Regulation of which and when units may fall under or exist price regulation. Price regulation may apply: |
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a) Only to units built before a certain date; and/or |
a) Only to units built before a certain date; and/or |
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b) Only to units in buildings that reach a certain age (see "Deferred rent stabilization" below). ''[This is uncommon (unknown?) in practice but often proposed].'' |
b) Only to units in buildings that reach a certain age (see "Deferred rent stabilization" below). ''[This is uncommon (unknown?) in practice but often proposed].'' |
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c) Only to units in buildings above a certain size. |
c) Only to units in buildings above a certain size. |
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d) not when a building is allowed to exit regulation for specified reasons, possibly including: |
d) not when a building is allowed to exit regulation for specified reasons, possibly including: |
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e) owner move-in. (as permitted by the "[[Ellis Act]]" in California). |
e) owner move-in. (as permitted by the "[[Ellis_Act|Ellis Act]]" in California). |
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f) conversion of unit from rental to ownership housing |
f) conversion of unit from rental to ownership housing |
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i. "condo conversion" - from rental apartment to owned apartment. See also [[Condomium]] |
i. "condo conversion" - from rental apartment to owned apartment. See also [[Condomium|Condomium]] |
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ii. Conversion to "[[Tenancy in Common]]" (TIC) unit, i.e. shared ownership. |
ii. Conversion to "[[Tenancy_in_Common|Tenancy in Common]]" (TIC) unit, i.e. shared ownership. |
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g) when unit rent increases above a certain point. (called "luxury decontrol" in NYC rent stablization law). |
g) when unit rent increases above a certain point. (called "luxury decontrol" in NYC rent stablization law). |
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i. Condemnation (?) |
i. Condemnation (?) |
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ii. Demolition |
ii. Demolition |
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iii. Lndlord buy-out of tenant. |
iii. Lndlord buy-out of tenant. |
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