Rent regulation: Difference between revisions
→Current rent regulations: Adding Colorado section
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'''3) Regulation of which and when units may fall under or exist price regulation'''. Price regulation may apply:
a) Only to units built before a certain date; and/or<br/> 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].''<br/> c) Only to units in buildings above a certain size. <br/> d) not when a building is allowed to exit regulation for specified reasons, possibly including: <br/> e) owner move-in. (as permitted by the "Ellis Act" in California). <br/> f) conversion of unit from rental to ownership housing<br/> i. "condo conversion" - from rental apartment to owned apartment, i.e. condominium<br/> ii. Conversion to "[[Tenancy_in_Common|Tenancy in Common]]" (TIC) unit, i.e. shared ownership. <br/> g) when unit rent increases above a certain point. (called "luxury decontrol" in NYC rent stablization law). <br/> i. Condemnation (?) <br/> ii. Demolition<br/> iii.
== Rent control vs Rent stabilization ==
In stricter usage, ''rent control ''and "strong rent control" are typically used to refer to rental price regulation that is
# fixed price, and/or
# applies equally within and between tenancies, i.e. does not have ''vacancy decontrol''.
''Rent stabilization ''typically refers to price regulation in which:
# permitted rent adjusts variably, e.g. based on a price index, and/or
# permitted rent for new tenants is unregulated, i.e. there is ''vacancy decontrol. ''
In common parlance, when people say “rent control,” they often mean “rent stabilization.”
== Vacancy control or decontrol ==
A key difference between different rent-regulation regimes is whether, or how, they regulate rent of an apartment after it is vacated by a tenant. The rent might be allowed only the same increment as if still occupied, it might be allowed a higher increment (e.g. as in New York City), or it may be allowed to revert to full market rate (as in San Francisco).
== Deferred rent stabilization ==
The idea that a unit may come under rent-stabilization guidelines only a certain length of time after it is built, for example 10 or 20 years.
== Current rent regulations ==
=== Colorado ===
In Colorado, under the [https://law.justia.com/cases/colorado/supreme-court/2000/98sc547-0.html Town of Telluride vs. Lot Thirty-Four Venture (2000)], inclusionary zoning is also considered to be rent control, as opposed to land use policy. This prevents any Colorado cities from enacting policies traditionally considered rent control, and also prevents inclusionary zoning ordinances.
The incapability of the state or municipalities to impact rent in any fashion has been a point of discussion amidst the COVID-19 fallout, as citizens and advocacy organizations learn that emergency rent forbearance/moratoriums could not be enacted, even if there were sufficient political will to do so.
== SF rent control study by Diamond, McQuade, Qian (2017) ==
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