What is Measure H?

A voter-initiated City Charter Amendment, which was approved by Pasadena voters at the November 2022 General Municipal Election. Codified as City Charter Article XVIII, Section 1811 of the Charter establishes the Pasadena Rental Housing Board, its composition, duties, authority, and oversight of the Pasadena Fair and Equitable Housing Charter Amendment.

The Charter Amendment established Rent Control and Eviction Protections on certain rental units in Pasadena.

Additional information about Measure H.

Rent Control

Is my rental unit subject to rent control?

The new rent control laws apply to most multi-unit residential rental properties (includes apartments, duplexes, triplexes, etc) built before February 1, 1995.

Exceptions Include:

- Residential rental units built after February 1, 1995.

• Hospitals, medical facilities, treatment/recovery programs, educational dorms, convents, and nursing homes.
• Condominiums and single-family homes - Subsidized units owned by a government agency or by a nonprofit and subsidized by tax credits.
  
  Are single-family homes, guest houses, and accessory dwelling units (ADU) subject to Rent Control?
  
  It depends. Generally, single-family homes are exempt. However, if there's more than one rental unit on the property (including guest houses and ADUs), the entire property may be considered multi-family and rental units would be subject to Rent Control for any unit constructed prior to February 1995.
  
  Below are some typical scenarios:
  
  1. There is a single-family home (any build date) rented on the property. This is the only habitable unit on the property. - The property is exempt from Rent Control.
  
  1. There is a single-family home and one or more guest houses or ADUs on the property. All are rental units. - The property would be considered multi-family. All rental units, including the single-family home, built before February 1995 would be subject to Rent Control.
  
  2. Owner lives in the single-family home and rents a guest house or ADUs on the property. - The property would be considered multi-family. Any rental units on the property built before February 1995 would be subject to Rent Control.
  
  3. Owner lives in a guest house or ADU on the property and rents out the single-family home. - The property would be considered multi-family. Any rental units, including the single-family home, built before February 1995 would be subject to Rent Control.
  
  There are exceptions for guest houses and ADUs if there is a shared kitchen or bathroom with an owner-occupied residence.
  
  Contact a Housing Counselor to discuss your specific situation.
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  What is the legal rent for the rental unit?
  
  If the unit is subject to rent control, the legal rent, known as Base Rent, will be determined as follows:
  
  - For tenancies commencing on or before May 17, 2021: the new base rent (the starting point for rent increase calculations) is the rent in effect on that date. Before imposing any rent increase, rents must be rolled back to the rent in effect on May 17, 2021.
• For tenancies commencing after May 17, 2021, the base rent is the initial rent paid by the tenant.
  
  How much can rent be legally raised?
  
  If the unit is subject to rent control:
  
  - Landlords may only increase rents once every 12 months, with a written 30-day notice.
• The annual rent increase effective October 1, 2024, is 3%.
• New "Base Rent" Determination: For tenancies commencing on or before May 17, 2021, the new base rent is the rent in effect on that date. Prior to imposing any rent increase, rents must be rolled back to the rent in effect on May 17, 2021, or the initial rent paid by the tenant for tenancies that commenced after May 17, 2021.
  
  What were the allowable rent increases between May 17, 2021 to September 30, 2023?
  
  View Rent Control Overview.
  
  Can I increase rent higher than the annual limit?
  
  Any rent increase after October 1, 2023 may not exceed 2.75%, the approved Annual General Adjustment (AGA). Any deferred or banked increases that were previously approved but never implemented cannot be combined with the AGA to justify a higher rent increase. In simpler terms, landlords cannot add any past approved increases to the annual 2.75% limit.
  
  Coming later in 2024, a petition process will be available to request higher rent increases for specific circumstances outlined in the Charter Amendment.
  
  What forms must be provided to the tenant to increase rent?
  
  Landlords must provide the General Notice to Tenants with a rent increase. This form is similar in content to the Notice to New Tenants, but it does not require a signature.
  
  What is the rent rollback?
  
  Rent Rollback refers to requiring landlords to reduce rents to previously established levels, typically due to unjustified rent increases above permitted limits.
  
  Tenants may use the Rent Rollback Form to request from the landlord a rent rollback and refund for overpayment.
  
  Tenants may use the Notice of Rent Withholding, to notify landlords of their intent to withhold rent overpayments due to the owner's failure to comply with the Rent Rollback requirements of the Charter Amendment.
  
  Eviction Protections
  
  Are all rentals subject to eviction protections?
  
  Nearly all rental units in the city, including condos and single-family homes. There are exceptions.
  
  Under what circumstances can a tenant be legally evicted?
  
  Tenants may only be evicted for the following just cause reasons. The landlord must include one of these reasons in writing on the notice to quit for it to be valid.
  
  Just Cause evictions include:
  
  - Failure to pay rent
• Owner or owner relative move-in
• Withdrawal of the rental unit from the market
• Breach of Lease
• Nuisance
• Necessary and Substantial Repairs
• Failure to give access to the unit
• Refusal to execute a new lease
• And others...
  
  View Eviction Protections.
  
  What notice is required to terminate a tenancy?
  
  The termination notice must include language that informs the tenant of the existence of the article under Section 1806(e) of Pasadena's Charter Amendment, by posting a notice, owners must also state the just cause for termination per Section 1806(i) in the termination notice.
  
  The time required to give notice is typically governed by California law (Ca Civ. Code Section 1946.1) and sets the time as 60 days notice for tenancies over one year.
  
  No-fault evictions have additional notice criteria. Please see the Notice of Intent to Terminate for No-Fault - Landlord Information Sheet for more guidance.
  
  What is the process for notifying the Pasadena Rent Stabilization Department of a termination notice?
  
  Please send all termination notices to the Rent Stabilization Department at rentalboard@cityofpasadena.net. Per Section 1806(k) of the Pasadena Charter Amendment, a termination notice must be filed within 3 days of service on the tenant.
  
  Relocation Assistance
  
  Is a tenant entitled to relocation assistance?
  
  Landlords must provide relocation assistance which includes an additional sum for moving expenses to any tenant who is displaced because of a no-fault eviction or an excessive rent increase causing the tenant to move out of the unit. Relocation assistance can be in the form of money, comparable accommodation, and/or services from a relocation specialist in locating a new place to live - all provided by the landlord.
  
  No-Fault Evictions that qualify for relocation assistance include:
  
  - An eviction for necessary and substantial repairs
• An eviction so that the owner or a qualified relative can move into the unit (owner move-in)
• An eviction to withdraw the unit permanently from the rental market (Ellis Act)
• An eviction based on a government order (red-tag, demolition order, etc.)
• Inability to pay a rent increase in excess of 5% plus the most recently announced Annual General Adjustment (AGA) in any twelve-month period
  
  View Eviction Protections
  
  View Relocation Assistance Information
  
  What is the timing required for relocation assistant payments?
  
  For all No-Fault Evictions:
  
  Fifty percent (50%) of the total Relocation Assistance must be paid to the tenant household within ten
  
  (10) days of service of the notice of termination of tenancy. The remaining balance of the Relocation Assistance must be paid no later than twenty-eight (28) days prior to the expiration of the written notice of termination of tenancy.
  
  - Landlords must file a Notice of Intent to Terminate Tenancy with the rent board at least 30 days prior to the date on which the landlord intends to serve the notice to tenants.
• The Rent Stabilization Department currently does not have the staff necessary to forward the Notice of Intent to Terminate Tenancy and the Tenant Relocation Claim packet to Tenants. Therefore, Landlords should file a copy of the Notice of Intent to Terminate Tenancy with the Rent Stabilization Department via email at rentalboard@cityofpasadena.net and send a copy of Notice of Intent to Terminate Tenancy along with a blank copy of the Tenant Relocation Claim packet to each of their affected Tenants at the same time.
  
  For tenants who move due to an inability to Pay Rent Increase
  
  Fifty percent (50%) of the total Relocation Assistance must be paid to the tenant household within ten (10) days of notification by the Board of the total amount of Relocation Assistance due. The remaining balance must be paid to the tenant household upon leaving the Rental Unit.
  
  Please Note:
  
  - Tenant must send Notice of Inability to Pay Rent Increase to Landlord within 30 days of receiving rent increase notice.
• Tenant must ALSO send a copy of Notice of Inability to Pay Rent Increase to Rent Stabilization Department within 5 days of sending to the property owner.
• The Rent Stabilization Department will assist the property owner and tenant in calculating relocation assistance payment amounts due.
• Tenants have 90 days to move after the rent increase becomes effective. Failure to move may result in a forfeit of any unpaid relocation assistance and the tenant will be required to repay the property owner for any relocation assistance received.
  
  View Relocation Assistance Information.
  
  What are the amounts required for relocation assistance payments?
  
  For tenants displaced due to specific no-fault evictions, tenants may receive from landlords Base Relocation Payment based on length of tenancy and the size of the unit PLUS Moving Expense Allowance PLUS Additional Payment for Special Circumstances Households.
  
  Tenants are also entitled to a full security deposit refund in addition to any relocation payments received.
  
  View the payment schedules and other Relocation Assistance Information
  
  Government Subsidized Housing
  
  Are rental units subsidized by Section 8 project-based vouchers exempt from rent control?
  
  No. As with the Section 8 Housing Choice Voucher Program, there is no applicable federal or state law or administrative regulation that specifically exempts Rental Units subsidized with Section 8 Project-based Vouchers from municipal rent control.
  
  View additional guidance on Section 8
  
  Are other forms of government-subsidized housing exempt from the provisions of the charter amendment?
  
  It depends. If there is an applicable federal or state law or administrative regulation that specifically exempts Rental Units covered by those programs from municipal rent control, then those units will be exempt pursuant to the Charter Amendment.
  
  How are rent increases calculated for Section 8 housing choice voucher tenancies that are covered by the rent stabilization provisions of the charter amendment?
  
  A rent increase for a Section 8 Housing Choice Voucher tenancy that is covered by rent stabilization should be calculated by applying the effective Annual General Adjustment (AGA) to the entire Housing Assistance Payment (HAP) contract rent, not just the tenant’s share of the rent.
  
  Further, pursuant to the Charter Amendment, the rent for these tenancies may not be increased more than once in any twelve-month period.
  
  A landlord that seeks to increase their Section 8 Housing Choice Voucher tenant’s rent pursuant to the provisions Charter Amendment must still submit the proposed rent increase to the Pasadena Department of Housing for approval.
  
  Can Section 8 housing choice voucher recipients file petitions for downward adjustment of rent?
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  Yes. Once the Pasadena Rental Housing Board has established the petition process, a Section 8 Housing Choice Voucher recipient may file a petition for downward adjustment of rent due to the landlord’s failure to maintain habitable premises, a reduction in maintenance or housing services, and/or unlawful rent.
  
  General Questions
  
  Who can I contact for more information regarding my specific situation?
  
  Contact a Housing Counselor for assistance.
  
  Can a security deposit be increased?
  
  No. Per Section 1806(f), a property owner cannot increase the security deposit as a condition for a tenant as a condition of continued tenancy.
  
  What notice should new tenants receive?
  
  Per Sections 1806(e) and 1807(c) of the Pasadena Fair and Equitable Housing Charter Amendment, the Notice to New Tenants must be provided to existing tenants at the time of the enactment of the Pasadena Fair and Equitable Housing Charter Amendment AND any new tenancies that began after its enactment. The Department also provides a Spanish version of the Notice, which can be found here.
  
  What notices must be posted on the property?
  
  Per Sections 1806(e), every property containing rental units subject to the Pasadena Fair & Equitable Charter Amendment shall post a notice on a form prepared and authorized by the Rental Board, providing information about the existence of the Charter Amendment. Notice must be posted in a conspicuous location in the lobby of the Property, near a mailbox used by all Tenants, or in or near a public entrance to the Property.
  
  Download the General Notice to tenants for posting in English and Spanish.
  
  What constitutes proof that a compliant termination notice has been provided to the Rent Stabilization Department?
  
  At this time, anyone who wants to confirm if a termination notice has been filed may email rentalboard@cityofpasadena.net. Staff will confirm whether a termination notice was received. However, staff cannot comment on the validity of termination notices filed with the Rental Housing Board.
  
  What happens when ownership changes, or when my unit is sold to another person?
  
  There is no change to the terms of your tenancy. The new property owner steps into the shoes of the old property owner as a successor, per Section 1803(m). Furthermore, the sale of property or change in ownership does not constitute a just cause for eviction in Pasadena.
  
  Can an owner buy out a tenant’s lease or do a "cash for keys?"
  
  An owner may approach the tenant to discuss a tenant buyout where the tenant will agree to move in exchange for an agreed amount.
  
  Review the information sheet on Tenant Buyout for more information.
  
  What happens when a lease expires?
  
  A lease ending doesn't automatically mean your tenant has to move out. Refusing to provide a tenant with a new lease is not a just cause for eviction. These are your options when a lease expires:
  
  Renewal Opportunity: Before the lease expires, you can offer your tenant a new lease agreement. This new lease must have materially similar terms as the previous one. It's important to be fair and transparent with your tenant about any changes. If the tenant refuses to sign a new lease with materially similar terms, this may constitute a just cause for eviction of the tenant. Month-to-Month Tenancy: If the lease ends but the tenant continues paying rent, they automatically enter a month-to-month tenancy. This means all the original lease terms remain in effect. However, a key difference is that the tenant can now choose to end the tenancy with just one month's written notice.
  
  Important Note: Even after a lease ends, tenants still have legal rights. You cannot evict them without a valid just cause reason.
  
  What is the Rental Housing Fee and who pays the fee?
  
  The Rent Stabilization Department funds its operations and services to tenants and landlords through an annual fee levied on each rental unit subject to the Pasadena Fair & Equitable Housing Charter Amendment. Nearly all units in the City of Pasadena are subject to the Charter Amendment, including condos and single family homes. Landlords are responsible for paying this fee annually for each rental unit and the charges cannot be passed along to the tenant.
  
  The fee adopted for the Fiscal Year 2024 (June 30, 2023 through June 30, 2024):
  
  $91.85 per Rental Unit
  
  Do you need to pay the Rental Fee prior to the launch of the Rental Registry database launch? Contact the Rent Stabilization Department for support.