Rent Change Application Form

Important Information

  • In accordance with guidance the U.S. Department of Housing and Urban Development (HUD) provided for the first time in a letter dated February 9, 2024, regarding HUD’s interpretation of the applicability of the California Tenant Protection Act (Assembly Bill 1482), the San Diego Housing Commission (SDHC) will follow HUD’s recommendations and apply the terms of the Tenant Protection Act, as interpreted by HUD, to the process for reviewing requests to change rents for Section 8 Housing Choice Voucher rental assistance program participants. HUD’s letter is not a legal opinion; however, HUD funds the Section 8 Housing Choice Voucher program. According to the Tenant Protection Act, rent increases cannot exceed the state’s cap of 5% plus inflation according to the local Consumer Price Index, or 10%, whichever is lower, of the lowest rent charged for the immediately preceding 12 months (the current contract rent amount or prior approved contract rent within in the last 12 months). You must submit a minimum 60-day written notice to the tenant before the effective date of a rent increase. Rents can be increased up to two times within a 12-month period as long as the total increases do not exceed the state’s rent cap of 5% plus inflation according to the local Consumer Price Index or 10%, whichever is lower. Please note that some units may be exempt from these provisions under the Tenant Protection Act. If your unit is exempt and the rent increase request exceeds 10% of the current rent amount lowest rent amount within the last 12 months, a minimum 90-day written notice to the tenant is required along with the required tenant noticing requirements.
  • Rent change requests effective August 1, 2026, forward will be limited according to the state’s cap of 5% plus inflation according to the local Consumer Price Index which is currently 3.2%. This calculation allows SDHC to process rent changes for units protected by AB 1482 up to 8.2% within a 12-month period.
  • Request for rent increases must be submitted to the San Diego Housing Commission (SDHC) at least 60 days prior to the effective date of the rent increase. Note: You must submit a minimum 60-day written notice to the tenant before the effective date of a rent increase. If your unit is exempt from California Tenant Protection Act (Assembly Bill 1482) and the rent increase request exceeds 10% of the lowest rent amount within the last 12 months, a minimum 90-day written notice to the tenant is required along with the required tenant noticing requirements.
  • The Landlord shall comply with providing tenant proper notice as required by state law as well as all federal and local Fair Housing laws and regulations.
  • Rent increases will be effective on the date specified by the landlord or on the first of the month following a full 60-day notice to the tenant and the SDHC, whichever is later.
  • SDHC will not approve a change in the rent during the initial term of the lease.
  • If you are requesting a rent increase for an apartment, high-rise or other multifamily unit, you will be asked to provide comparables for unassisted units in the same complex.
  • The new rent requested must pass a rent reasonableness analysis conducted by SDHC.
  • A new lease/Housing Assistance Payment (HAP) contract is not required for leases that renew on a month-to-month basis unless other lease terms are changing.
  • If there is a change in utilities, the tenant and landlord must enter into a new lease.
  • If a new lease will be executed, a new Housing Assistance Payment (HAP) contract must also be executed with SDHC.
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