Click on the tabs below for answers related to frequently asked questions about the CSFRA. PDFs of the FAQs are available in English, Spanish and Chinese.
On November 8, 2016, the residents of the City of Mountain View voted to adopt Measure V, also known as the Community Stabilization and Fair Rent Act (“CSFRA”), in order to stabilize rents by regulating rent increases for certain rental units and requiring landlords to have just cause in order to terminate a tenancy. The CSFRA is effective as of December 23, 2016.
Download a PDF of the Community Stabilization and Fair Rent Act.
The CSFRA applies to the following rental units:
From December 23, 2016 onwards, a landlord of Fully Covered Units can only charge Base Rent plus any lawful rent increases actually implemented pursuant to the CSFRA. Rent increases can only be imposed once per 12 months. The Rental Housing committee determines each year’s allowed increase (“AGA”).
Base Rent needs to be set at the following levels:
Annual General Adjustment of Rent (“AGA”)
An annual rent increase can only be charged once per 12 months in accordance with the Annual General Adjustment (“AGA”) as set by the Rental Housing Committee.
The AGA is set by using 100% of the rise in the Consumer Price Index of the Bay Area region from February to February of each year as set by the Department of Labor’s Bureau of Statistics.
The Rental Housing Committee approved the following AGAs:
AGA 2019: 3.5% (for the period September 1, 2019 – August 31, 2020)
AGA 2018: 3.6% (for the period September 1, 2018 – August 31, 2019)
AGA 2017: 3.4% (for the period September 1, 2017 – August 31, 2018)
A landlord may apply the AGA to a tenancy when
Individual Rent Increase Petitions
Aside from the AGA, a rent increase can also be requested by a landlord, through filing an individual petition to request an upward adjustment of rent with the Rental Housing Committee.
If a Landlord does not use any of the allowed rent increases in part or in whole, the remaining amount may be “banked” for future use. If a landlord decides to charge any of the previously banked rent increases and as a consequence the total rent increase exceeds the Annual General Adjustment (AGA) for 2018 (3.6%), the landlord must include in its written rent increase notice, the following mandatory text as stipulated in Chapter 7 of the Regulations.
"The rent increase requested in this notice exceeds the annual general adjustment authorized for the current year. Landlords may save ("bank") annual general adjustments that were not imposed in previous years and implement them with the current annual general adjustment in accordance with the Community Stabilization and Fair Rent Act section 1707 and implementing regulations. Rent may only be increased once every twelve months and rent increases cannot exceed ten percent (10%) of the rent actually charged in the previous year. Tenants have the right to petition the Rental Housing Committee (RHC) for relief if this rent increase will cause an undue hardship. The RHC defines a hardship based on either household income or if the household spends 50% or more of household income on rent, with specific definitions for households with children, seniors, or persons with disabilities or who are terminally ill. If you believe the rent increase requested in this notice is incorrect, excessive or causes an undue hardship, you can (a) contact your landlord to discuss the increase, and/or (b) file a petition with the RHC. For more information about petitions or the hardship process, contact the Mountain View Rental Housing Helpline at (650) 282-2514 or CSFRA@housing.org."
General rent increase cannot exceed 10% in any given year.
A template form “Attachment to 2018 Annual General Adjustment and/or Banked Increase of Rent Notice” is available on the City’s website http://www.mountainview. gov/rentstabilization/forms.
Tenants may file a Petition, if any banked rent increase now charged, causes an undue hardship (see under Tenant Undue Hardship).
On May 21, 2018, the Rental Housing Committee adopted a 2.6% bankable rent increase for inflationary effects prior to September 1, 2016.
Landlords may include this 2016 bankable rent increase in the next annual rent increase under the following conditions:
Again, tenants may file a Petition, if any previously banked rent increase now charged, causes an undue hardship (see under Tenant Undue Hardship).
If any Banked Rent Increase is currently being charged, a tenant may file an Undue Hardship Petition if any of the following conditions exist:
Hardship Condition |
Household Income Limit [Percent of Area Median Income (AMI) or 50% of Income Paid toward Rent] |
Additional Criteria |
|
Inadequate Household Income |
100% of AMI or 50% |
n/a |
|
Families with Children |
120% of AMI or 50% |
Primary residence of one or more persons under the age of 18 |
|
Senior Household |
120% of AMI or 50% |
Primary residence of individual who is 62 or older |
|
Persons with Disabilities |
120% of AMI or 50% |
Primary residence of person who is disabled |
|
Persons who are Terminally Ill |
120% of AMI or 50% |
Primary residence of person who is certified as terminally ill |
|
Other |
120% of AMI or 50% |
Other extenuating circumstances |
State annual Average Median Income (AMI) for Santa Clara County in 2019 adjusted for family size:
Household Size: |
1 |
2 |
3 |
4 |
5 |
6 |
100% AMI |
$92,000 |
$105,100 |
$118,250 |
$131,400 |
$141,900 |
$152,400 |
120% AMI |
$110,400 |
$126,150 |
$141,950 |
$157,700 |
$170,300 |
$182,950 |
Tenants who are considering filing an undue hardship petition are advised to carefully review the applicable sections in the CSFRA and the Regulations before filing a petition. All forms for filing a petition, as well as the CSFRA and the Regulations, are posted on www.mountainview.gov/rentstabilization/forms.
Rent can be raised once (1) per twelve-month period, whether this is an Annual General Adjustment of rent, a previously Banked Rent Increase or a rent increase based on a decision by a hearing officer with regard to an individual petition.
Yes, the CSFRA defines “Rent” to encompass all periodic payments made, including any separate fees for “Housing Services” like pet fees, parking, utility charges, etc. Per the CSFRA, even if you do not pay for any Housing Service separately, those Housing Services are still considered covered by the Rent you pay.
Any new charge that a Landlord imposes to a tenant, that was not charged on October 19, 2015 (or if you moved in after October 19, 2015, at the start of your tenancy) would be considered an increase in rent and cannot not exceed the Annual General Adjustment of your rent for any given year (for 2019 the allowable annual increase is 3.5%)
If a landlord has always charged separately for a Housing Service, such as utilities, that monthly charge is also subject to the Base Year and the Annual General Adjustment rent increase restrictions.
California law allows a landlord to collect up to two months’ rent for an unfurnished unit or three months’ rent for a furnished unit at the start of a tenancy. This deposit may be collected at the start of a tenancy in addition to the first month’s rent. The CSFRA generally does not permit a landlord to increase the amount of the security deposit during a tenancy (CSFRA Section 1706 (c). The CSFRA does not require a landlord to pay interest on security deposits.
If a tenant in a Covered Rental Unit would like to house additional eligible family members (child, parent, grandchild, grandparent, brother, or sister of tenant or tenant's spouse or domestic partner, or spouse or domestic partner of tenant):
Housing the additional family member cannot exceed maximum occupancy under state law
The tenant must send a mandatory notice to inform the landlord, with copy to City, that includes:
Date of the notice and date when the family member will move in the unit
Full name of the family member
Qualifying Family Relationship with tenant or tenant's spouse/domestic partner
Notice should be provided 15 days prior to the proposed move-in date
The landlord may request reasonable documentation of the eligible family relationship
The landlord may not charge additional rent or security deposit
If a tenant in a Covered Rental Unit would like to replace a leaving roommate:
The tenant must send a mandatory notice to inform the landlord, with copy to City, that includes:
Date of the notice, and date when the roommate will move in
Full name of the replacement roommate
How much rent the roommate will pay and to whom (e.g. to landlord, tenant, etc.)
Notice should be provided 15 days prior to the proposed move-in date
The landlord may perform typical tenant screening and charge a fee
The landlord may not charge additional rent or security deposit
If a tenant in a Covered Rental Unit would like to house any other additional occupant/roommate:
The lease terms and/or landlord control whether this is allowed
The original tenant cannot charge rent in excess of lawful rent
The landlord and additional occupant each must disclose rent terms upon request
The landlord can ONLY renegotiate rent with Additional Tenants, when ALL original tenants have moved out. The noticing requirements for rent increases need to be taken into account.
The CSFRA allows landlords and tenants to file petitions to adjust rent levels. The filing of a petition usually results in the matter being scheduled for a hearing. There are several types of petitions:
Rent Increase Petitions - Landlords may file a petition to seek to increase rent levels at their property. Increase petitions can affect the rents for all units on a property at the same time and are often based on unusually high expenses, including capital improvements.
Rent Decrease Petitions - Tenants may file a petition to seek to decrease the rent level for their unit for any of the following three reasons:
Forms for petitions are available at: www.mountainview.gov/rentstabilization/forms. Please contact the Mountain View Rental Housing Helpline for confidential counseling and information services. Bilingual assistance is available (habla Español). Telephone: (650) 282-2514; Email: CSFRA@housing.org.
Services are also provided during weekly walk-in office hours at City Hall, 500 Castro Street, 1st floor, Public Works Front Conference Room, Thursdays 12pm-2pm. Workshops are held every 1st and 3rd Friday afternoon (1-3pm) at the Plaza Conference Room, City Hall, 500 Castro Street, Mountain View.
Landlords need to provide the following types of notices to tenants:
“CSFRA Information Sheet”: At the start of a lease and with every notice of rent increase, landlords must provide a CSFRA Information Sheet to the tenant. The approved text of this CSFRA Information Sheet can be accessed at www.mountainview.gov/rentstabilization under Forms & Notices.
“Notice of Rent Increase”: Allowable rent increases pursuant to CSFRA shall become effective only after the landlord provides at least a 30 days advance written Notice of Rent Increase pursuant to state law.
“Notice of Previously Banked Rent Increase greater than the AGA: If an requested rent increase contains more than the Annual General Adjustment, the Notice must identify the increase in monthly Rent Due, including the actual increase as well as a calculation of the dollar increase as a percentage of the rent due immediately prior to the imposition of the rent increase; and must include the following text in at least 12 point font:
“The rent increase requested with this notice exceeds the annual general adjustment authorized for the current year. Landlords may save ("bank") annual general adjustments that were not imposed in previous years and implement them with the current annual general adjustment in accordance with the Community Stabilization and Fair Rent Act section 1707 and implementing regulations.
Rent may only be increased once every twelve months and rent increases cannot exceed ten percent (10%) of the rent actually charged in the previous year. Tenants have the right to petition the Rental Housing Committee (RHC) for relief if this rent increase will cause an undue hardship. The RHC defines a hardship based on either household income or if the household spends 50% or more of household income on rent, with specific definitions for households with children, seniors, or persons with disabilities or who are terminally ill.
If you believe the rent increase requested with this notice is incorrect, excessive or causes an undue hardship, you can (a) contact your landlord to discuss the increase, and/or (b) file a petition with the RHC. For more information about petitions or the hardship process, contact the Mountain View Rental Housing Helpline at (650) 282-2514 or CSFRA@housing.org.”
Copy of this Notice needs to be filed with the Rental Housing Committee within 7 days of serving this notice on tenant at www.mountainview.gov/rentstabilization/forms
“Termination Notice”: a written notice in accordance with state law detailing the specific reason for termination. A landlord shall notify tenants of their rights to relocation assistance at the time of service of the termination notice.
Copy of this Termination Notice needs to be filed with the Rental Housing Committee within 3 days of serving this notice on tenant at www.mountainview.gov/rent stabilization/forms.
“Written Notice to Cease”: a written notice that gives tenant the opportunity to cure an alleged violation or problem concerning a Breach of Lease, a Nuisance, a Criminal Activity or Failure to Give Access, before serving a termination notice. This notice needs to provide a telephone number for the Rental Housing Committee which is 650-903-6379.
“Tenant Buyout Disclosure Form: a written notice that informs tenants of their rights under the CSFRA regarding offers to vacate a rental unit in exchange for compensation by the landlord. This notice needs to provide the contact information of the Mountain View Rental Housing Helpline at (650) 282-2514 and CSFRA@housing.org. The approved text of this Tenant Buyout Disclosure Form can be accessed at www.mountainview.gov/rentstabilization under Forms & Notices.
No, the Right to Lease Ordinance, requiring a landlord to offer tenants a 6 months and 1 year lease, was repealed when the CSFRA became effective. The CSFRA stipulates that only ONE (1) rent increase can be imposed in a 12 month period. The CSFRA also provides for Just Cause eviction protections, limiting landlords to nine specified conditions upon which a termination notice can be issued.
A landlord is only permitted to issue a termination notice for the following reasons (causes):
If you would like to know whether a termination notice complies with the CSFRA, please contact the Mountain View Rental Housing Helpline at (650) 282-2514 or CSFRA@housing.org. Weekly walk-in office hours are also available at City Hall, 500 Castro Street, 1st floor, Public Works Front Conference Room, Thursdays 12pm-2pm or consult an attorney for legal advice.
A landlord seeking to recover possession of a rental unit through certain “just cause” termination reasons as stated in the CSFRA:
may be required to provide relocation assistance for eligible tenants (household income not exceeding 120% of median household income). A landlord must notify tenants of their rights to request relocation assistance at the time of service of the termination notice. Please contact the Mountain View Rental Housing Helpline at (650) 282-2514 or CSFRA@housing.orgor consult an attorney for legal advice.
2019 HCD Average Median Income Levels per Household Size:
Household Size: | 1 | 2 | 3 | 4 | 5 | 6 |
120% AMI | $110,400 | $126,150 | $141,950 | $157,700 | $170,300 | $182,950 |
The “first right of return” option is available to tenants when a landlord terminates a tenancy for one of the following “just cause” reasons as stated in the CSFRA:
necessary repairs,
owner move-in,
withdrawal of the property from the rental market or
demolition,
and following termination, the landlord returns that rental unit to market, as indicated in the Tenant Relocation Assistance Ordinance (”TRAO”):
First Right of Return Regulations:
If the rental unit is returned to the rental market within 2 years, the former tenant has a first right to renew the terminated tenancy at the same lawful rental rate at the time the landlord gave notice of termination plus any allowed general adjustments of rent. The tenant is also eligible for actual and punitive damages;
If the rental unit is returned to market within 5 years, the former tenant has a first right to renew the terminated tenancy at the same lawful rental rate at the time the landlord gave notice of termination plus any allowed general adjustments of rent. The tenant is also eligible for punitive damages if the tenant is not notified, not to exceed 6 months’ rent.
If the rental unit is returned to market within 10 years, the former tenant has a first right to renew the terminated tenancy at market rate.
Tenant Buyout Agreements, in which an agreement is made between a property owner and a tenant(s) to vacate a unit in exchange for money, are one means of potentially circumventing the CSFRA and/or Tenant Relocation Assistance Ordinance.
Landlords are required to provide tenants with a mandatory Tenant Buyout Disclosure Form (the approved text of this Tenant Buyout Disclosure Form can be accessed at www.mountainview.gov/rentstabilization under Forms & Notices) before they enter into negotiations with tenants. A landlord must file a copy of the Disclosure Form, signed and dated by landlord and tenants, as well as notice of execution of a Tenant Buyout Agreement with the Rental Housing Committee. This can be done online at cityofmountainview-hrhcy.formstack.com/forms/ntc_tnnt_buyout_agrmnt.
Chapter 8 of CSFRA Regulations further stipulates that Tenant Buyout Agreements must:Be in writing;
The Rental Housing Committee is required to finance the reasonable and necessary expenses of implementing the CSFRA by charging a Rental Housing Fee. Landlords are required to pay the annual Rental Housing Fee for Fully and Partially Covered rental units:
Per the CSFRA, these fees cannot be passed through to tenants.
Before purchasing a rent stabilized property, future owners may want to learn the current rent levels and review the tenant records regarding the property. Once new owners have purchased the property they may want to contact the City to:
Phone: (650) 282-2514
Email: CSFRA@housing.org
Online: www.mountainview.gov/rentstabilization
E-Newletter: www.mountainview.gov/mymv
then click on Rental Housing Committee
Walk-in Office Hours: Thursdays 12:00 p.m. to 2:00 p.m.
City Hall, 500 Castro street, 1st Floor
Public Works Front Conference Room
Petition Workshops: Thursdays 12:00 p.m. to 2:00 p.m.
City Hall, 500 Castro street, 2nd Floor
Plaza Conference Room