California housing law
Costa-Hawkins Rental Housing Act — California
The 1995 state law that limits how far local rent control can reach — exempting single-family homes, condos and newer construction, and guaranteeing landlords can reset rent to market on turnover.
Key points
The Costa-Hawkins Rental Housing Act (California Civil Code §§ 1954.50–1954.55), enacted in 1995, is the state law that sets the outer limits of local rent control. It does three big things: it exempts single-family homes and condominiums from local rent control, it exempts construction newer than February 1, 1995, and it requires vacancy decontrol — allowing an owner to reset rent to market when a unit voluntarily turns over.
Costa-Hawkins restricts what cities can do; it does not, by itself, cap rents. It works alongside the statewide AB 1482 rent cap, which still applies to many units Costa-Hawkins shields from local control. Whether a given unit is exempt depends on its title, build date and ownership — exactly the kind of question GoCodebook answers for a specific address.
What Costa-Hawkins exempts
Two categories are shielded from local rent control. First, dwellings with separately alienable title — primarily single-family homes and condominiums — are exempt regardless of age. Second, any unit with a certificate of occupancy issued after February 1, 1995 is exempt, which is why local ordinances generally apply only to older buildings.
These exemptions concern local ordinances. A single-family home or condo exempt from a city's rent board can still fall under the statewide rent cap (§ 1947.12) unless it also meets AB 1482's own exemption (not owned by a corporation or REIT, with proper written notice).
Vacancy decontrol — resetting rent to market
The most consequential rule is vacancy decontrol. Costa-Hawkins ended "vacancy control," so a city cannot force a landlord to keep the same restricted rent after a tenant voluntarily moves out. The owner may set the initial rent for the new tenancy at market rate; the local cap then applies going forward to that new tenancy.
Vacancy decontrol does not apply when the tenant is forced out — for example, after a no-fault termination or a withdrawal under the Ellis Act, where re-rental and re-control restrictions can apply. Because the facts drive the result, GoCodebook checks the unit and the city before you act.
Repeal attempts: Prop 21 and Prop 33
Costa-Hawkins has been a repeated repeal target. Proposition 21 (2020) and Proposition 33 (2024) both asked California voters to repeal it and let cities adopt broader rent control, including on single-family homes and newer units. Both measures failed, so Costa-Hawkins remains in full effect.
That means the exemptions and vacancy-decontrol rules described here are current law. The interaction with AB 1482 and local ordinances is fact-specific, which is where a cited, plain-English answer helps before raising rent or signing a lease.
Who this affects
Frequently asked questions
What is the Costa-Hawkins Rental Housing Act?
A 1995 California law (Civil Code §§ 1954.50–1954.55) that limits local rent control by exempting single-family homes, condos and post-Feb 1, 1995 construction, and requiring vacancy decontrol.
Are single-family homes exempt from rent control under Costa-Hawkins?
From local rent control, yes — single-family homes and condos have separately alienable title and are exempt. They may still fall under the statewide AB 1482 cap unless owned by an individual (not a corporation/REIT) with proper notice.
What is vacancy decontrol?
Costa-Hawkins lets an owner reset rent to market rate when a tenant voluntarily moves out. The local cap then applies to the new tenancy going forward.
What construction is exempt under Costa-Hawkins?
Units issued a certificate of occupancy after February 1, 1995 are exempt from local rent control.
Did Prop 33 repeal Costa-Hawkins?
No. Proposition 33 (2024) and Proposition 21 (2020) both sought to repeal it and both failed, so Costa-Hawkins remains in effect.
Is this unit exempt under Costa-Hawkins?
Ask GoCodebook about any California rental and get a cited answer on Costa-Hawkins exemptions, vacancy decontrol and the statewide cap.
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