Our last chance to defeat Rent Control is a VETO from Governor Ferguson.
Residential Provisions:
- No rent increases in the first year of tenancy.
- Following first year, no more than 7% + CPI for yearly rent & fee increases. (Up to 10%)
- Exemptions for housing owned by non-profits or housing authorities.
- 90 days notice for any rent increases.
- Vacancy de-control: rents may be increased beyond rent cap in-between tenancies.
- No more than 5% difference allowed for terms of a month-to-month vs term lease
Manufactured Housing Provisions:
- No rent increases in first year of tenancy.
- Following first year, no more than 5% yearly rent & fee increases.
- Allows for a one time increase up to 10% only if/when tenant sells the mobile home.
- Must notify buyer of this one time 10% increase.
- Cap on total move in fees (includes security deposit)
- 1 month’s rent OR 2 months’ rent only if a pet will be living on the premises.
- Cap on late fees (5-day grace period for each month)
- 2% late fee may be charged for the first late month
- 3% late fee may be charged if the tenant is late for a second consecutive month.
- 5% late fee may be charged if the tenant is late for a third consecutive month.
Tenant Recourse if Landlord Violates Rent Cap:
- If a housing provider increases rent by an amount higher than allowed in this bill, the tenant must provide the opportunity to cure by providing a written demand to lower the rent.
- Residential only: Tenant may terminate the lease with 20 days notice.
Tenant or Attorney General may bring action to enforce compliance.
- If housing provider is found in violation damaged could include:
- Damaged of excess rent, fees and costs paid.
- Up to three months rent.
- Reasonable attorney fees.
- May not report tenants' failure to pay unlawfully increased rent.
Exemptions
- Exemptions on buildings that are 12 years old or less.
- Public housing authority, public development authority, nonprofit organization
- Residential only: Owner occupied building up to a fourplex.
- Residential only: Real estate investment trusts, corporations or LLCs where a member is a corporation are not permitted to receive any exemptions.