Differences in Rent Stabilization & Rent Control

The two rent-controlled and rent-stabilized units fall under the class of rent-regulated home made. Communities started establishing rent-regulation programs following World War I to create a balance in which owners earned a profit and tenants were protected from excessive rental-rate increases. The country’s biggest concentration of rent-regulated housing exists in California and New York, with close to 70 municipalities combined.

Date Built

Some municipalities provide both rent-control and rent-stabilization apps, dividing both types by the construction date of the respective property. For example, New York buildings built before 1947 fall under the rent-control umbrella, and people constructed between 1947 and 1974 (and buildings phased from this rent-control app ) receive consideration under the rent-stabilization program. In San Francisco, all rental units are subject to the conditions of lease management, excluding buildings built after 1979.

Lease Renewals

Tenants in rent-stabilized units can renew their lease at will upon expiration for consecutive one- or two-year conditions. Even in rent-controlled units, the landlord has the right to ask the landlord to move for reasons not inspired by a desire to improve lease, like if he fails to renew a rental, owner-occupy or lease to a relative, convert into a condominium or cooperative (also referred to as a co-op) or perform renovations and repairs. To relocate a renter in San Francisco to occupy or enhance the space, the landlord must pay a transfer fee of $4,700 (as of August 2010) and an additional $3,100 when relocating a family with children, elderly or handicapped residents.

Rent Increases

Prices in both types of rent-regulated home are dependent on the local housing board. Owners of rent-stabilized units can increase a tenant’s lease during the lease term with all the tenant’s written agreement when incorporating new services, equipment or capital improvements, and with neighborhood home board approval for cases of hardship or propertywide major capital improvements. Owners file an initial and subsequent yearly statement of registration for every unit to get a date indicated by the local lease board to qualify for lease increases. Each municipality or country rental home board has another manner for calculating rent gains for rent-controlled units. In New York, the NYC Rent Guidelines Board uses the maximum base rent (MBR) method to determine rent-control increases. The figure is calculated on the operating costs of the true apartment and adjusted every two years. In San Francisco, the San Francisco Rent Board annually determines rent rates using an overall area inflation formula named Bay Area Consumer Price Index. Owners may request to raise rents as well as the rent board’s decision based on increases in expenses, amenities or later making capital improvements.

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