Current through the 2021 Legislative Session
Section 1947.13 - Expiration of rental restrictions; establishment of initial unassisted rental rates for units without regard to caps(a) Notwithstanding subdivision (a) of Section 1947.12, upon the expiration of rental restrictions, the following shall apply: (1) The owner of an assisted housing development who demonstrates, under penalty of perjury, compliance with all applicable provisions of Sections 65863.10, 65863.11, and 65863.13 of the Government Code and any other applicable federal, state, or local law or regulation may establish the initial unassisted rental rate for units in the applicable housing development. Any subsequent rent increase in the development shall be subject to Section 1947.12.(2) The owner of a deed-restricted affordable housing unit or an affordable housing unit subject to a regulatory restriction contained in an agreement with a government agency limiting rental rates that is not within an assisted housing development may, subject to any applicable federal, state, or local law or regulation, establish the initial rental rate for the unit upon the expiration of the restriction. Any subsequent rent increase for the unit shall be subject to Section 1947.12.(b) For purposes of this section:(1) "Assisted housing development" has the same meaning as defined in paragraph (3) of subdivision (a) of Section 65863.10 of the Government Code.(2) "Expiration of rental restrictions" has the same meaning as defined in paragraph (5) of subdivision (a) of Section 65863.10 of the Government Code.(c) This section shall remain in effect until January 1, 2030, and as of that date is repealed.(d) Any waiver of the rights under this section shall be void as contrary to public policy.(e) This section shall not be construed to preempt any local law.Amended by Stats 2020 ch 37 (AB 3088),s 10, eff. 8/31/2020.Added by Stats 2019 ch 597 (AB 1482),s 4, eff. 1/1/2020.