Attorney General Bonta Calls on Local Housing Authorities to Block Unlawful Rent Increases for Vulnerable Tenants

OAKLAND — California Attorney General Rob Bonta today announced issuing letters to all housing authorities in the state, reminding them that tenants who receive Section 8 Housing Choice Vouchers are protected under California’s Tenant Protection Act (TPA). The California Department of Justice (DOJ) has received complaints about some local housing authorities approving rent increases that exceed the TPA’s rent cap under the mistaken belief that the TPA does not apply to these Section 8 tenants. Landlords receiving these approvals may wrongly believe that they are in compliance with state and local law. In the letters, Attorney General Bonta clarified the application of the TPA and called on local housing authorities to help protect California’s tenants by refusing to approve any rent increases that violate state or local laws.
 
“As California grapples with an unprecedented housing crisis, it’s critical that we work together to protect those most at risk of losing their homes,” said Attorney General Bonta. “Section 8 recipients are some of the most vulnerable of California’s tenants and subjecting them to illegal and burdensome rent increases is unfair and may contribute to homelessness. Today, I remind our state’s housing authorities that the Tenant Protection Act applies to Section 8 Housing Choice Voucher recipients, and urge local agencies to help us uphold our state’s strong tenant protection laws and ensure all Californians have access to safe and secure housing.”
 
Californians are facing a housing crisis of epic proportion, made worse by the lingering impacts of the COVID-19 pandemic and ongoing economic challenges. Renters, in particular, are navigating skyrocketing rent, which too often makes it hard for them to maintain a stable and safe housing situation. To ease the burden on low-income individuals and families, the Section 8 Housing Choice Voucher program subsidizes a portion of their rental payments to help them afford market-rate housing.
 
In the letters, Attorney General Bonta emphasized that California’s TPA, which bars landlords from raising rent for most tenants by more than 5% plus inflation or 10% total each year, whichever is lower, applies to recipients of the Section 8 Housing Choice Voucher program and similar vouchers. Contrary to arguments made by some landlords, the law does not exempt these voucher recipients from the rent cap protections enjoyed by other tenants. This incorrect interpretation of the TPA could create the bizarre situation where a non-Section 8 tenant in a building is protected against large rent increases, but a more financially vulnerable Section 8 tenant in a comparable unit in that same building is not.
 
Housing authorities, which are responsible for approving rent increases imposed on Section 8 Housing Choice Voucher recipients, can help protect tenants against such an unfair and unlawful predicament. Attorney General Bonta urged them to:

• Carefully scrutinize rent increase requests to ensure that they comply with the TPA and any other applicable state or local laws.
• Refuse to certify rent increases for Section 8 voucher recipients that exceed state and local rent caps.
• Make clear to landlords that participating in the Section 8 program does not give them a free pass to ignore the TPA or other state or local tenant protections.

DOJ’s Housing Justice Team works to advance housing access, affordability, and equity in California by actively monitoring compliance with state housing laws, providing resources and information for California homeowners, and tenants, and defending and enforcing state laws aimed at increasing housing supply and providing housing security and stability to all Californians. Earlier this month, the Housing Justice Team entered into a settlement against Green Valley Corporation, a San Jose-based housing developer and property manager, over violations of the Tenant Protection Act. In May 2023, the team filed a lawsuit against the City of Elk Grove, challenging the city’s denial of a proposed supportive housing project in the city’s Old Town Special Planning Area. In March 2023, they filed a lawsuit against the City of Huntington Beach for violating state housing laws. In October 2022, they issued a consumer alert reminding California’s tenants of their rights and protections under state law. In July 2022, they issued legal guidance about steps law enforcement officers should take to prevent and respond to unlawful lockouts and self-help evictions. 
 
The Housing Justice Team encourages Californians to send complaints or tips related to housing to oag.ca.gov/report. Tenants who need legal help can find legal aid resources in their area at www.LawHelpCA.org.
 
A copy of the letters to local housing authorities can be found here.