Cal. Codes » Civil Code / DIVISION 3. OBLIGATIONS / PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS / TITLE 5. HIRING / CHAPTER 2.7. Residential Rent Control
California Codes

Cal. Civil Code § 1954.52 (2026)

Residential Rent Control

✓ current as of May 2026
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(a)Notwithstanding any other provision of law, an owner of residential real property may establish the initial and all subsequent rental rates for a dwelling or a unit about which any of the following is true:

(1)It has a certificate of occupancy issued after February 1, 1995.

(2)It has already been exempt from the residential rent control ordinance of a public entity on or before February 1, 1995, pursuant to a local exemption for newly constructed units.

(3)(A)It is alienable separate from the title to any other dwelling unit or is a subdivided interest in a subdivision, as specified in subdivision (b), (d), or (f) of Section 11004.5 of the Business and Professions Code.

(B)This paragraph does not apply to either of the following:

(i)A dwelling or unit where the preceding tenancy has been terminated by the owner by notice pursuant to Section 1946.1 or has been terminated upon a change in the terms of the tenancy noticed pursuant to Section 827.

(ii)A condominium dwelling or unit that has not been sold separately by the subdivider to a bona fide purchaser for value. The initial rent amount of the unit for purposes of this chapter shall be the lawful rent in effect on May 7, 2001, unless the rent amount is governed by a different provision of this chapter. However, if a condominium dwelling or unit meets the criteria of paragraph (1) or (2) of subdivision (a), or if all the dwellings or units except one have been sold separately by the subdivider to bona fide purchasers for value, and the subdivider has occupied that remaining unsold condominium dwelling or unit as his or her principal residence for at least one year after the subdivision occurred, then subparagraph (A) of paragraph (3) shall apply to that unsold condominium dwelling or unit.

(C)Where a dwelling or unit in which the initial or subsequent rental rates are controlled by an ordinance or charter provision in effect on January 1, 1995, the following shall apply:

(i)An owner of real property as described in this paragraph may establish the initial and all subsequent rental rates for all existing and new tenancies in effect on or after January 1, 1999, if the tenancy in effect on or after January 1, 1999, was created between January 1, 1996, and December 31, 1998.

(ii)Commencing on January 1, 1999, an owner of real property as described in this paragraph may establish the initial and all subsequent rental rates for all new tenancies if the previous tenancy was in effect on December 31, 1995.

(iii)The initial rental rate for a dwelling or unit as described in this paragraph in which the initial rental rate is controlled by an ordinance or charter provision in effect on January 1, 1995, may not, until January 1, 1999, exceed the amount calculated pursuant to subdivision (c) of Section 1954.53. An owner of residential real property as described in this paragraph may, until January 1, 1999, establish the initial rental rate for a dwelling or unit only where the tenant has voluntarily vacated, abandoned, or been evicted pursuant to paragraph (2) of Section 1161 of the Code of Civil Procedure.

(b)Subdivision (a) does not apply where the owner has otherwise agreed by contract with a public entity in consideration for a direct financial contribution or any other forms of assistance specified in Chapter 4.3 (commencing with Section 65915) of Division 1 of Title 7 of the Government Code.

(c)Nothing in this section shall be construed to affect the authority of a public entity that may otherwise exist to regulate or monitor the basis for eviction.

(d)This section does not apply to any dwelling or unit that contains serious health, safety, fire, or building code violations, excluding those caused by disasters for which a citation has been issued by the appropriate governmental agency and which has remained unabated for six months or longer preceding the vacancy.

Notes of Decisions
Cited in 24 cases (11 in the last 5 years), 2000–2026 · leading case: Apt. Assn. of Los Angeles Cnty., Inc. v. City of Los Angeles, 173 Cal. App. 4th 13 (Cal. Ct. App. 2009).
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Apt. Assn. of Los Angeles Cnty., Inc. v. City of Los Angeles, 173 Cal. App. 4th 13 (Cal. Ct. App. 2009). · cites it 7× “The second statutory scheme is the Costa-Hawkins Rental Housing Act, Civil Code section 1954.50 et seq. (Costa-Hawkins), which was enacted after the Ellis Act.”
Travis v. Cnty. of Santa Cruz, 94 P.3d 538 (Cal. 2004). · cites it 2× “535; hereafter the Costa-Hawkins Act), in that the Costa-Hawkins Act generally exempts from local rent control laws dwelling units *408 constructed after February 1, 1995 (Civ. Code, § 1954.52, subd. (a)(1)) and institutes vacancy decontrol for other units covered by local rent…”
City of West Hollywood v. 1112 Inv. Co., 130 Cal. Rptr. 2d 168 (Cal. Ct. App. 2003). · cites it 4× “” (Civ. Code, § 1954.52, subd. (a)(3)(A).) *1141 Respondent owners claimed this exemption applied to them.”
DeZerega v. Meggs, 99 Cal. Rptr. 2d 366 (Cal. Ct. App. 2000). · cites it 2× “(Civ. Code, § 1954.52, subd. (c) [“Nothing in this section shall be construed to affect any authority of a public entity that may otherwise exist to regulate or monitor the basis for eviction.”
Palmer/Sixth Street Props., L.P. v. City of Los Angeles, 175 Cal. App. 4th 1396 (Cal. Ct. App. 2009). “’ [Civ. Code, § 1954.52, subd. (a)(1).]” Palmer contended that section ll.”
T & a Drolapas & Sons, LP v. San Francisco Residential Rent Stabilization & Arbitration Bd., 238 Cal. App. 4th 646 (Cal. Ct. App. 2015). ““Its overall effect is to preempt local rent control ordinances in two respects.”
Cal. Apt. Assn. v. City of Pasadena, 117 Cal. App. 5th 187 (Cal. Ct. App. 2025). · cites it 7× “) As pertinent here, Civil Code section 1954.52 exempts from local rent control laws certain residential property—including single- family homes and rental units that have certificates of occupancy issued after February 1, 1995—thus permitting landlords to “adjust the rent on…”
Apt. Assn. of Los Angeles etc. v. City of Los Angeles, No. B336071 (Cal. Ct. App. May 14, 2026). · cites it 6× “” The court also determined the Relocation Assistance Ordinance “does not directly regulate the rental rates landlords may charge for any rental units,” and that although “the deterrent effect of the Relocation Assistance Ordinance seemingly conflicts with the Costa-Hawkins…”
S.F. Apt. Assn. v. City & Cnty. of S.F., No. A161416 (Cal. Ct. App. Jan. 24, 2022). · cites it 5× “(Civ. Code, § 1954.52, subd. (a).) 1 The San Francisco Rent 1Civil Code section 1954.”
Hirschfield v. Cohen, 82 Cal. App. 5th 648 (Cal. Ct. App. 2022). · cites it 3× “” Hirschfield contends that because there is a now a single- family dwelling on the property, it is exempt from the City’s rent control laws under the Costa-Hawkins Rental Housing Act (Civ. Code, § 1954.52 et seq.; Costa-Hawkins Act), which proscribes the imposition of rent…”
Owens v. City of Oakland Hous., Residential Rent etc. Bd., 49 Cal. App. 5th 739 (Cal. Ct. App. 2020). · cites it 2× ““Civil Code Section 1954.52 (Costa- Hawkins) provides that, under certain circumstances, a single-family home is exempt from local rent regulations.”
Pour v. City of Los Angeles, No. B303925 (Cal. Ct. App. July 16, 2021). · cites it 2× “” (Civ. Code, § 1954.52.) In other words, Costa- Hawkins exempts from rent control properties newly built after its effective date of February 1, 1995, as well as properties already exempted from rent control pursuant to local ordinance.”
Show all 24 citing cases →
Cal. Civil Code § 1954.52(a): 1 case
Smith v. City Of Oakland, No. 4:19-cv-05398 (N.D. Cal. Aug. 25, 2025).
Cal. Civil Code § 1954.52(a)(3)(A): 1 case
Owens v. City of Oakland Hous., Residential Rent etc. Bd., 49 Cal. App. 5th 739 (Cal. Ct. App. 2020). ““Civil Code Section 1954.52 (Costa- Hawkins) provides that, under certain circumstances, a single-family home is exempt from local rent regulations.”
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