This posting is inspired by the recent anonymous letter I received from a Fellow Senior Citizen here at THD. THD is an active senior living community( California) owned by a private corporation. The letter mentioned about unfair and not equitable rental fees hikes. As renters/tenants here are information on our legal rights if we feel discriminated etc. etc, etc....
Rent Increase Limits (State and Local)
California’s Tenant Protection Act (AB 1482, effective Jan. 1, 2020) generally caps rent hikes for most residential leases. Under Civ. Code § 1947.12, annual increases are limited to 5% plus the regional CPI or 10% total, whichever is loweroag.ca.gov. After a tenant moves out, the landlord may set the new market rent, but cannot raise an existing tenant’s rent beyond that cap over a 12‑month periodoag.ca.gov. Note AB 1482 covers multi-unit rentals over 15 years old; it exempts many single-family homes and condominiums and all units built in the last 15 yearscaanet.org. (In practice, most senior apartments owned by private companies are covered unless they were newly constructed.)
Local laws may impose stricter limits. Numerous California cities and counties have their own rent-stabilization ordinances (for example, Los Angeles, San Francisco, Berkeley, West Hollywood, Santa Monica, etc.); many only apply to pre-1990s units or have lower capsdcba.lacounty.gov. Critically, AB 1482 explicitly does not override existing local rent-control rulesdcba.lacounty.gov. For instance, a unit subject to L.A. or San Francisco rent control remains governed by those programs (often limiting increases to ~5% or less). Tenants should check local ordinances (typically via a city rent board or housing department) in addition to the state law.
If a landlord attempts an unlawful increase (above AB 1482 or local limits), tenants have legal remedies. Under Civ. Code § 1947.12, tenants can demand compliance or pursue eviction relief. Also, anti-retaliation laws (e.g. Civ. Code § 1942.5) forbid the owner from hiking rent because a tenant complains or files a habitability claimdcba.lacounty.gov. In short, independent-living senior tenants enjoy the same statewide rent-increase protections as other rentersoag.ca.govdcba.lacounty.gov.
Fair Housing and Anti-Discrimination (Age-Related Rules)
California law broadly bars housing discrimination by landlords. Under the Fair Employment and Housing Act (FEHA) and the Unruh Civil Rights Act, housing providers may not refuse a tenant or charge higher rent on the basis of protected characteristics – including age, disability, sex, religion, race, familial status, source of income, military status, etc.calcivilrights.ca.govrentershelpline.org. In fact, as one fair-housing guide notes, “age discrimination in housing is prohibited by California’s Unruh Civil Rights Act” and protects both young and older rentersrentershelpline.org. Thus a senior can’t lawfully be charged more or denied tenancy just for being elderly. The same holds federally for most protected classes under the Fair Housing Act (race, disability, familial status of children, etc.), though age itself is not a federally protected category. (Federal law does prohibit “familial status” bias against families with children, but makes an exemption for legitimate senior housing.)
An important exception is the senior-housing exemption. Federal HOPA (Housing for Older Persons Act) allows a community to limit residency to older adults if it meets strict criteria. For a 62+ community, every occupant (except care staff) must be 62 or older. For a 55+ community, at least 80% of occupied units must have one resident over 55, with advertised policies of intentrentershelpline.org. Under these conditions, a senior complex may lawfully restrict younger people or children, without violating familial-status rules. California law overlays additional conditions: notably, every rental unit must contain at least one senior (55 or 62+) and tenants may not be arbitrarily excluded beyond that single requirementrentershelpline.org. State law even mandates that a senior tenant must be allowed to live with a spouse or domestic partner age 45+ (as well as a minor child or grandchild if disabled)rentershelpline.org. These rules ensure genuine seniors-only housing doesn’t bar legitimate family or support members.
In practice, this means: a bona fide 55+ apartment community can advertise “no one under 55” so long as it meets HOPA/CA criteria; outside such qualified senior developments, any age-based preference is illegalcalcivilrights.ca.govrentershelpline.org. A landlord may not, for example, advertise for “young professional tenants” or refuse an 80‑year‑old simply due to agerentershelpline.org. Any tenant who believes they faced age or other discriminatory treatment can seek relief under FEHA/Unruh. For example, refusing to rent to a senior or charging an older tenant more than a younger one could violate state law.
Local Rent Control and Senior Housing
In addition to AB 1482, many cities/counties have their own rent-control and just-cause eviction laws. These often cover only older buildings or certain unit types, but tenants should check local statutes. For instance, Los Angeles limits increases to roughly 3–8% depending on inflation, and San Francisco limits hikes to 60% of CPI (recently ~0–3%) on controlled units. Many local ordinances also mandate relocation assistance or longer notices for seniors or disabled tenants when evicting (e.g., requiring extra relocation payment if evicting someone 62+ for owner move-in or demolition). However, no statewide rent law gives a blanket special increase cap or exemption for senior housing beyond the general AB1482 rules. Senior-only communities must simply follow the same local/state limits as any complex, unless a local law explicitly states otherwise. (Of course, a brand-new retirement-style complex built after 2008 might be exempt from AB1482 if it’s under 15 years old.)
Tenant Resources and Assistance
Tenants with concerns about rent hikes or discrimination have several resources:
California Civil Rights Dept (CRD, formerly DFEH) – The state agency enforcing housing discrimination laws. CRD’s housing division provides fair-housing information and accepts complaints online (see calcivilrights.ca.gov/housing)calcivilrights.ca.govcalcivilrights.ca.gov.
U.S. HUD (Office of Fair Housing and Equal Opportunity) – The federal agency for Fair Housing Act issues. HUD’s website (hud.gov) allows filing complaints about discrimination (e.g. familial status) and has guidance on fair housing.
Local Rent Boards/Housing Agencies – Many cities/counties have boards or departments that administer rent control or tenant rights (for example, the San Francisco Rent Board, Los Angeles Housing Department (HCIDLA), Oakland Rent Adjustment Program, etc.). These offices answer questions about local ordinances and often help mediate disputes.
California Dept. of Aging / Area Agencies on Aging (AAA) – Seniors can access legal help through county Aging/ADRC offices. The CA Dept. of Aging contracts with local AAA that coordinate free or low-cost legal services to older adults on housing, discrimination, and consumer issuesaging.ca.gov. (The Dept. of Aging website can direct you to your county’s AAA.)
Housing.CA.gov (“Housing Is Key”) – The state’s housing portal (housing.ca.gov) provides tenant resources, updates on laws, and links to assistance programsoag.ca.gov. The official Tenant/Landlord Guide (DRE) and other brochures are available there.
Legal Aid and Advocacy Groups – California has numerous nonprofit tenant-advocacy and legal aid organizations. The statewide directory LawHelpCA.org (see DOJ’s Landlord-Tenant pageoag.ca.govlandlordtenant.dre.ca.gov) lists local legal services. Organizations like Tenants Together (formerly Tenants Union), Legal Aid Foundation of LA, Bay Area Legal Aid, California Rural Legal Assistance, etc., offer advice and sometimes representation on rent or housing rights. Also, local bar associations have lawyer-referral services for tenant issues.
Tenants facing unfair rent hikes or possible discrimination should document the issue and seek guidance promptly. For discrimination complaints, filing with CRD or HUD (depending on the law) is recommended. For rent disputes, contacting a local tenant rights attorney or mediation service through LawHelpCA or AAA can clarify if the increase was legal under AB 1482 or local law. Many of the above agencies provide fact sheets and hotlines (for example, CRD’s fair-housing factsheetcalcivilrights.ca.gov or the AG’s LawHelpCA linkageoag.ca.gov) to help seniors assert their rights.
Sources: California Civil Code and Government Code (AB 1482/Civ. Code §1947.12 and related statutes), California Dept. of Justice (Housing Justice/“Landlord-Tenant Issues”)oag.ca.govdcba.lacounty.gov, California Civil Rights Dept. (Fair Housing brochure)calcivilrights.ca.govcalcivilrights.ca.gov, Sacramento Tenants’ Helplinerentershelpline.orgrentershelpline.org, and California Dept. of Agingaging.ca.gov, among others.
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