Residential Tenant Protections

Residential tenant protections refer to a continuum of services aimed at supporting tenants of rental properties and keeping them in their homes. Local governments’ tenant protection measures may include one or more of the following policies and programs:

• Minimum lease terms: Policies requiring landlords to offer prospective tenants a written lease for a minimum of at least one year. The lease must set a certain rent, but the rent is not otherwise controlled. At the end of the lease term, the landlord must offer another one year term. The following cities have adopted minimum lease terms for at least some kinds of tenants:
  • Burlingame
  • Foster City
  • Menlo Park
  • Redwood City
  • Rent stabilization: Ordinances that cap the allowable rent increases each year at a given percentage, designed to protect tenants from significant rent increases during their tenancy. Under State law (Costa-Hawkins, 1995), housing constructed after February 1, 1995, single family homes, and condominiums are exempt from local rent stabilization ordinances, and upon new tenancy, landlords may impose any rent they choose.
    • In San Mateo County, East Palo Alto is the only jurisdiction with a rent stabilization ordinance. However, East Palo Alto, Brisbane, Pacifica, and San Mateo County have rent stabilization programs specifically for mobile homes.

    Key Benefits

    • In general, residential tenant protections can help to provide stability to tenants and neighborhoods, particularly in markets with low vacancy rates and rapidly rising housing costs.

    Community Considerations

    • Any type of tenant protections must be carefully designed to balance assistance to tenants and landlords’ property rights. Jurisdictions considering tenant protections should analyze and review potential impacts on both tenants and landlords before enacting any regulations.

    Community Engagement Strategies

    • Educate your community: In jurisdictions considering adoption of a tenant protection policy, provide talking points and materials to summarize the pros and cons of each policy.