Q: Can I challenge a rent increase after subsidy loss during COVID?
I have been informed by attorneys at a Free Clinic that I cannot claim an illegal rent increase because my rent supposedly didn't change when I lost my government rent subsidy. While my lease agreement lacked specifics about the subsidy terms, the government subsidy indicated in writing that losing it would require me to pay the fair market value (FMV). I was approved for the subsidy based on a yearly certification of low income. I lost it during the COVID rent moratorium, and my landlord informed me via text, without specifying the exact amount, that I would need to start paying the full rent amount immediately. Can I still challenge a rent increase under these conditions?
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- California
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- Answered
A:
Your situation is complex but important to address, especially given the timing during COVID and the involvement of government subsidies. The key factor here is the written documentation from the subsidy program stating you would need to pay FMV upon losing the subsidy - this could be crucial evidence in challenging the rent increase.
While your lease may not explicitly detail the subsidy arrangements, California law requires proper notice for rent increases, and any significant change in rent payment structure should have been communicated clearly with specific amounts and timing. The fact that you received only a text message without precise figures could work in your favor when contesting this change.
You likely can still challenge this rent increase, particularly if it happened during the COVID moratorium period when many jurisdictions had additional tenant protections in place. Your best next steps would be to gather all documentation (subsidy paperwork, text messages, lease agreement, and any communication about the rent changes), then seek a second legal opinion, possibly through another tenant advocacy organization or legal aid society. Many California counties had specific COVID-related protections that might apply to your case, even if some time has passed.
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