The Concord City Council changed its residential tenant protection ordinance, more than a year after the contentious, years-long battle was seemingly settled.
The council voted 3-2, with Dominic Aliano and Laura Nakamura dissenting.
The city’s previous annual rent increase caps, which the council set in March 2024 at 3% or 60% of the area consumer price index (whichever is less), will go up to 5%.
“Just cause” eviction restrictions will also change. The ordinance will exclude property owners who own two or fewer single-family homes or condos from having to show just cause to evict tenants.
Needing just cause for eviction will still apply to owners of three or more single family homes or condominiums. The ordinance still applies to multi-family rental complexes of two or more units built before Feb. 1, 1995.
Just cause includes “at-fault” reasons, such as non-payment of rent, breach of a material term of the lease, criminal activity, or occupying the space in a way that creates a nuisance.
Single-family homes, condos and rented accessory dwelling units will still not be subject to the proposed ordinance and neither will duplexes in which the owner lives in a unit.
Mayor Carlyn Obringer voted for the proposal last year, even after saying the 3% cap was too low. Obringer said Wednesday the adjusted ordinance was a compromise with the council’s newest member, Pablo Benavente, who proposed an increase of 7% plus CPI and the exemption of single-family homes.
Obringer said Wednesday the compromise came from eight years of testimony from landlords and tenants, 18 weeks of knocking on doors during her 2024 re-election campaign, and the results of Proposition 33, which unsuccessfully put statewide rent control on the 2024 ballot.
“(And) my own research on the subject, and what I have heard from Concordians directly, including Concord tenants and Concord property owners who also live in Concord,” Obringer said.
At least one tenants group didn’t see it as a worthy compromise.
East Bay Alliance for a Sustainable Economy said Wednesday in a statement that the city is bowing to landlord lobbyists.
“They’re building a system for renters to fail, to constantly revolve in a cycle of fear and uncertainty when it comes to living in Concord,” said Kristi Laughlin from EBASE. “So many residents here are one rent hike away from being put out of their homes.”
The council will likely do a second reading of the amended ordinance at its next meeting for it to become official. The updated ordinance would go into effect 30 days later.
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