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Rent Control 1




                             Rent Control




Rent Control: Examining the Economic Impacts of the San Francisco Rent

                              Ordinance.

                         Suzanne F. Watroba

               California State University, San Francisco
Rent Control 2




Introduction:

       In 1979 The San Francisco Rent Ordinance was enacted as a response to the

City’s housing crisis (City and County of San Francisco Rent Board, n.d.). The

Ordinance created the Residential Rent Stabilization and Arbitration Board. The

objective of the Ordinance was to insure that tenants were not faced with excessive

rent increases while also assuring landlords fair and adequate rents. The Ordinance

attempted to do this by placing limits on the amount of rent increases a landlord can

charge and by limiting reasons for evicting a tenant.

       The Ordinance applies to most rental units built before the 1979,

approximately 170,000 (City and County of San Francisco Rent Board. n.d.). Those

built after 1979 are exempt. The Ordinance does not cover commercial and non-

residential use units. The Rent Board is funded by rental unit fees and receives no

money from the general fund. The mission of the Rent Board is to: promulgate

Rules and Regulations to effectuate the purposes of the Rent Ordinance; hire staff,

including administrative law judges; and conduct rental arbitration hearings,

mediations.

       Throughout this paper I will discuss Gruber’s four essential questions

regarding government intervention in the case of rent control. Through an

economic lens I will analyze the impacts the policy has had on the City. Using

economic tools I will evaluate the purpose of the Ordinance and discuss the effects it

has had on the rental housing market.
Rent Control 3


Why Should the Government Intervene?

       In San Francisco rent control, or rent stabilization, was intended to keep key

workers, families and vulnerable people in the City. The Ordinance was designed to

keep people from being priced out of their own neighborhoods by large spikes in

rent. It was also to protect renters from being evicted by their landlords without

reason. The rationale behind rent control is to create distributive justice; based on

“the principle that the same amount of economic activity will take place but with

different distributional outcome. That is the same number of apartments provided

to the same people in the same quantity” (Tucker, 1997). In other words, the

Ordinance was created to increase equity so people like elderly on fixed incomes, or

struggling families, or minorities were not forced to leave the City because of

excessive increases in their rent. The policy was designed to increase equity by

regulating the amount a landlord could increase rent each year.

       The Ordinance seemed less to do with market failure and more to do with

equity issues. In theory without the intervention people who could not afford the

market equilibrium price for rent would be forced out of the City where rents are

lower. This could lead to other market demands that could cost the city; like an

increase in transportation options into the city as people were forced to commute to

work from outside communities.

       Without rent control the socioeconomic make up of the city could change

drastically. The people who could not afford to pay market equilibrium prices for

rental units would be low wage earners. So, while market forces and incentives may

be able to provide enough people to pay high San Francisco rents to rent most of the
Rent Control 4


rental units, the problem would not be solved because the city may only be able to

attract wealthy professionals; while failing to keep other demographics they wish to

remain in the city.

       The free market may not increase socio-economic diversity in the City, but it

may allocate scarce housing resources in a less wasteful way. Miller, Benjamin &

North argue that rent control impedes the process of rationing scarce housing

because tenant mobility is sharply restricted (2010, p. 60). They state that many

people live in houses that are either too big or too small for them because if they

move they face large increases in rent. If equity is the primary issue of rent control

it may not be equitable to have people who live in very large apartments, that they

only remain in because there rent is well below market value; while a family crams

into a tiny one bedroom, hundreds of dollars more in the same building because

they have not lived in the City long enough to benefit from the low rental rates

others are experiencing. There is no incentive for the one person in large apartment

to move because they will face higher rents for a smaller apartment.

How Might the Government Intervene?

       The specific mechanism San Francisco uses in attempt to keep rent

affordable is by setting limits on the amount a landlord can raise rent each year.

The increase is based on the Consumer Price Index for all Urban Consumers in the

Bay Area, and is usually a very small percentage increase (City and County of San

Francisco Rent Board, n.d.). In economics it would be considered a price ceiling,

because through regulation the government decides how much a rental unit price

can be increased. However, since San Francisco does not regulate how much a
Rent Control 5


landlord can charge once a rental unit has been vacated; the price ceiling vanishes

with new tenants, but follows the same regulations for annual rent increases.

       Additionally, the Ordinance regulates how a landlord can evict a tenant. It

sets specific guidelines for what are acceptable causes for eviction, as well as a

timeline for how long a tenant has to ameliorate the problems they may be evicted

for. I will discuss the effects of both setting the price for annual rent increases and

the strict eviction polices later in this paper.

       The City of San Francisco created the Rent Board to oversee the rules and

regulations of the policy and provide information to landlords and tenants. The City

chose rent control as a mechanism to keep people in the City and avoid landlords

from making excessive profits that could decrease people’s ability to stay living in

the City. While it chose only allowing modest rent increases, the City could have

taken a different approach. Instead of regulation in rental prices, the City could have

chosen to use subsidies to the people who were unable to afford renting a unit at the

market price. Perhaps subsidies would be a more appropriate and accurate way to

achieve the distributive justice rent control aims at achieving because it could target

those who need assistance the most.

What are the Effects of Government Intervention?

     Rent control may be achieving some of its goals. Some families, low-income

earners and people on fixed-incomes may be able to stay living in the City because

there rents have been kept at an affordable level. The downside is that rent control

may lead to a decrease in supply, as landlords let houses deteriorate because rent is

below the cost it takes to maintain the property, yet demand may still increase
Rent Control 6


because prices are lower. According to Jenkins the model of rent control as a strict

price ceiling predicts maintenance levels in a controlled unit will depreciate

(January 2009). However, despite the general belief among economists that rent

control leads to poor maintenance because of a disincentive for landlords to

maintain rental units, a study found that in San Francisco their was no discernable

difference between rent controlled and market rate controlled units in terms of

quality ratings by tenants (San Francisco Housing Datebook, 2002). This could be

because San Francisco has a vacancy-decontrol, so rental prices could read just to

market value giving landlord’s incentive to fix up the property once low paying

tenants leave, but often times turnover does not happen so prices remain well below

market value and landlords have no incentive to maintain the property.

       The low turn over of rental properties is not always because people are

remaining in the city, illegal sublets are often the problem. In my very own building,

where I pay the market price since I am a new tenant (or above if rent control is in

fact raising the price of renal units because demand is higher than supply), my

downstairs neighbor sublets her inexpensive rent controlled studio, while she lives

next door in a two-bedroom apartment. She can benefit from moving back to the

apartment later if she wants to at the same price she has been paying for years.

Other renters charge more for their sublets than they pay for rent, thus making a

profit off the sublet without incurring any of the costs owners pay like taxes and

maintenance.

       This low turnover also makes it difficult for people willing to pay market

equilibrium prices to find rentals because there are fewer rentals, with plenty of
Rent Control 7


people willing to pay from them leading to other abuses. Rent control is designed to

create social economic diversity and keep housing affordable but it may lead to a

decrease in social economic diversity as landlords become more picky in whom they

rent to since they have a high demand for their property. I know when I moved to

San Francisco I had an extremely difficult time renting an apartment. I would show

up with my application, good credit score and rental history, but there were always

at least ten people there who were older, more established and probably much more

financially well off than a woman just moving to the city for school. As a result I was

unable to live in the neighborhoods I wanted to and had to move to the outskirts of

the city where demand was lower, and thus my landlord did not have as many

applicants to choose from. I still paid the same amount the other apartments were

listed at, but got less utility from my apartment because of its distant location to my

work and school. Additionally, after talking to many friends whom had landed great

apartments for the same price, they admitted that their parents had offered to pay

the entire years rent in cash to the landlord, an option that eliminates many people

from the competition. This large up front cash payment is referred to as “key

money” and makes it very expensive for people to move from one apartment to

another (Miller, Benjamin & North, 2010).

       San Francisco’s rent control Ordinance also regulates what a landlord can

evict a tenant for. The policy is designed to keep landlords from harassing tenants,

since they would have an incentive to evict the tenant to receive a higher rental

price (Miller, Benjamin, North, 2010). The downside of this policy is that even when
Rent Control 8


tenants are doing illegal things, like subletting, it is too expensive for landlords to

peruse evicting them because the policy is designed to protect renters.

Why Did the Government Intervene in the Way it Did?

       The general census among economists seems to be that rent control leads to

many unintended and undesirable effects that outweigh the equity issues it is

designed to control for. So, why does rent control still exist in San Francisco? It

could be that in 2000 there were 79,545 specified owner occupied units, compared

to 214,198 renter occupied units in the City (U.S. Census Bureau). Renters are the

majority, and as mentioned through out this paper once they occupy a rental unit

they benefit from landlords only being able to raise rent a small amount each year,

and protection from easy eviction. Renters who have been living in the City for a

long time, may be profiting greatly from their below market level rents and may not

want to see rent control abolished, even if it has other unintended consequences.

This means that renters may have a huge impact on government official’s decisions

in whether or not to support the policy. Government officials understand that the

majority of voters are probably benefiting from rent control and would not want to

risk re-election by trying to terminate the program. Likewise, officials are citizens

too and may be benefiting personally from rent control.

       San Francisco also has a long history of unions. If special interest groups,

such as labor unions, believe that rent control helps keep workers in the City they

would be unlikely to support a change in the policy. Other unions, like the tenants

union, would also bring strong opposition to any changes in the current policy.
Rent Control 9


                                     References:

City and County of San Francisco Rent Board (n.d.). Mission Statement. Retrieved

       August 5, 2010 from http://www.sfrb.org/index.aspx?page=1

Jenkins, B. (January, 2009). Rent control: Do economists agree. Econ Journal Watch,

       volume 6, #1, pp 73-112.

Roger, M., Benjamin, D. & North, D. (2010). Bankrupt Landlords for Sea to Shining

       Sea. In D. Battista (E.D.) In the economics of public issues (pp58-67). New

       York: Addison-Wesley.

San Francisco Housing Datebook. (2002). Retrieved August 7, 2009 from

       http://www.sfrb.org/index.aspx?page=137

Tucker, W. (1997). How Rent Control Drives Out Affordable Housing. Retrieved

       August 6, 2010 from http://www.cato.org/pubs/pas/pa-274.html

U.S. Census Bureau (2000). American Fact Finder. Retrieved August 6, 2010 from

       http://factfinder.census.gov/servlet/QTTable?_bm=y&-

       qr_name=DEC_2000_SF3_U_DP4&-ds_name=DEC_2000_SF3_U&-_lang=en&-

       _sse=on&-geo_id=16000US0667000

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rentcontrol

  • 1. Rent Control 1 Rent Control Rent Control: Examining the Economic Impacts of the San Francisco Rent Ordinance. Suzanne F. Watroba California State University, San Francisco
  • 2. Rent Control 2 Introduction: In 1979 The San Francisco Rent Ordinance was enacted as a response to the City’s housing crisis (City and County of San Francisco Rent Board, n.d.). The Ordinance created the Residential Rent Stabilization and Arbitration Board. The objective of the Ordinance was to insure that tenants were not faced with excessive rent increases while also assuring landlords fair and adequate rents. The Ordinance attempted to do this by placing limits on the amount of rent increases a landlord can charge and by limiting reasons for evicting a tenant. The Ordinance applies to most rental units built before the 1979, approximately 170,000 (City and County of San Francisco Rent Board. n.d.). Those built after 1979 are exempt. The Ordinance does not cover commercial and non- residential use units. The Rent Board is funded by rental unit fees and receives no money from the general fund. The mission of the Rent Board is to: promulgate Rules and Regulations to effectuate the purposes of the Rent Ordinance; hire staff, including administrative law judges; and conduct rental arbitration hearings, mediations. Throughout this paper I will discuss Gruber’s four essential questions regarding government intervention in the case of rent control. Through an economic lens I will analyze the impacts the policy has had on the City. Using economic tools I will evaluate the purpose of the Ordinance and discuss the effects it has had on the rental housing market.
  • 3. Rent Control 3 Why Should the Government Intervene? In San Francisco rent control, or rent stabilization, was intended to keep key workers, families and vulnerable people in the City. The Ordinance was designed to keep people from being priced out of their own neighborhoods by large spikes in rent. It was also to protect renters from being evicted by their landlords without reason. The rationale behind rent control is to create distributive justice; based on “the principle that the same amount of economic activity will take place but with different distributional outcome. That is the same number of apartments provided to the same people in the same quantity” (Tucker, 1997). In other words, the Ordinance was created to increase equity so people like elderly on fixed incomes, or struggling families, or minorities were not forced to leave the City because of excessive increases in their rent. The policy was designed to increase equity by regulating the amount a landlord could increase rent each year. The Ordinance seemed less to do with market failure and more to do with equity issues. In theory without the intervention people who could not afford the market equilibrium price for rent would be forced out of the City where rents are lower. This could lead to other market demands that could cost the city; like an increase in transportation options into the city as people were forced to commute to work from outside communities. Without rent control the socioeconomic make up of the city could change drastically. The people who could not afford to pay market equilibrium prices for rental units would be low wage earners. So, while market forces and incentives may be able to provide enough people to pay high San Francisco rents to rent most of the
  • 4. Rent Control 4 rental units, the problem would not be solved because the city may only be able to attract wealthy professionals; while failing to keep other demographics they wish to remain in the city. The free market may not increase socio-economic diversity in the City, but it may allocate scarce housing resources in a less wasteful way. Miller, Benjamin & North argue that rent control impedes the process of rationing scarce housing because tenant mobility is sharply restricted (2010, p. 60). They state that many people live in houses that are either too big or too small for them because if they move they face large increases in rent. If equity is the primary issue of rent control it may not be equitable to have people who live in very large apartments, that they only remain in because there rent is well below market value; while a family crams into a tiny one bedroom, hundreds of dollars more in the same building because they have not lived in the City long enough to benefit from the low rental rates others are experiencing. There is no incentive for the one person in large apartment to move because they will face higher rents for a smaller apartment. How Might the Government Intervene? The specific mechanism San Francisco uses in attempt to keep rent affordable is by setting limits on the amount a landlord can raise rent each year. The increase is based on the Consumer Price Index for all Urban Consumers in the Bay Area, and is usually a very small percentage increase (City and County of San Francisco Rent Board, n.d.). In economics it would be considered a price ceiling, because through regulation the government decides how much a rental unit price can be increased. However, since San Francisco does not regulate how much a
  • 5. Rent Control 5 landlord can charge once a rental unit has been vacated; the price ceiling vanishes with new tenants, but follows the same regulations for annual rent increases. Additionally, the Ordinance regulates how a landlord can evict a tenant. It sets specific guidelines for what are acceptable causes for eviction, as well as a timeline for how long a tenant has to ameliorate the problems they may be evicted for. I will discuss the effects of both setting the price for annual rent increases and the strict eviction polices later in this paper. The City of San Francisco created the Rent Board to oversee the rules and regulations of the policy and provide information to landlords and tenants. The City chose rent control as a mechanism to keep people in the City and avoid landlords from making excessive profits that could decrease people’s ability to stay living in the City. While it chose only allowing modest rent increases, the City could have taken a different approach. Instead of regulation in rental prices, the City could have chosen to use subsidies to the people who were unable to afford renting a unit at the market price. Perhaps subsidies would be a more appropriate and accurate way to achieve the distributive justice rent control aims at achieving because it could target those who need assistance the most. What are the Effects of Government Intervention? Rent control may be achieving some of its goals. Some families, low-income earners and people on fixed-incomes may be able to stay living in the City because there rents have been kept at an affordable level. The downside is that rent control may lead to a decrease in supply, as landlords let houses deteriorate because rent is below the cost it takes to maintain the property, yet demand may still increase
  • 6. Rent Control 6 because prices are lower. According to Jenkins the model of rent control as a strict price ceiling predicts maintenance levels in a controlled unit will depreciate (January 2009). However, despite the general belief among economists that rent control leads to poor maintenance because of a disincentive for landlords to maintain rental units, a study found that in San Francisco their was no discernable difference between rent controlled and market rate controlled units in terms of quality ratings by tenants (San Francisco Housing Datebook, 2002). This could be because San Francisco has a vacancy-decontrol, so rental prices could read just to market value giving landlord’s incentive to fix up the property once low paying tenants leave, but often times turnover does not happen so prices remain well below market value and landlords have no incentive to maintain the property. The low turn over of rental properties is not always because people are remaining in the city, illegal sublets are often the problem. In my very own building, where I pay the market price since I am a new tenant (or above if rent control is in fact raising the price of renal units because demand is higher than supply), my downstairs neighbor sublets her inexpensive rent controlled studio, while she lives next door in a two-bedroom apartment. She can benefit from moving back to the apartment later if she wants to at the same price she has been paying for years. Other renters charge more for their sublets than they pay for rent, thus making a profit off the sublet without incurring any of the costs owners pay like taxes and maintenance. This low turnover also makes it difficult for people willing to pay market equilibrium prices to find rentals because there are fewer rentals, with plenty of
  • 7. Rent Control 7 people willing to pay from them leading to other abuses. Rent control is designed to create social economic diversity and keep housing affordable but it may lead to a decrease in social economic diversity as landlords become more picky in whom they rent to since they have a high demand for their property. I know when I moved to San Francisco I had an extremely difficult time renting an apartment. I would show up with my application, good credit score and rental history, but there were always at least ten people there who were older, more established and probably much more financially well off than a woman just moving to the city for school. As a result I was unable to live in the neighborhoods I wanted to and had to move to the outskirts of the city where demand was lower, and thus my landlord did not have as many applicants to choose from. I still paid the same amount the other apartments were listed at, but got less utility from my apartment because of its distant location to my work and school. Additionally, after talking to many friends whom had landed great apartments for the same price, they admitted that their parents had offered to pay the entire years rent in cash to the landlord, an option that eliminates many people from the competition. This large up front cash payment is referred to as “key money” and makes it very expensive for people to move from one apartment to another (Miller, Benjamin & North, 2010). San Francisco’s rent control Ordinance also regulates what a landlord can evict a tenant for. The policy is designed to keep landlords from harassing tenants, since they would have an incentive to evict the tenant to receive a higher rental price (Miller, Benjamin, North, 2010). The downside of this policy is that even when
  • 8. Rent Control 8 tenants are doing illegal things, like subletting, it is too expensive for landlords to peruse evicting them because the policy is designed to protect renters. Why Did the Government Intervene in the Way it Did? The general census among economists seems to be that rent control leads to many unintended and undesirable effects that outweigh the equity issues it is designed to control for. So, why does rent control still exist in San Francisco? It could be that in 2000 there were 79,545 specified owner occupied units, compared to 214,198 renter occupied units in the City (U.S. Census Bureau). Renters are the majority, and as mentioned through out this paper once they occupy a rental unit they benefit from landlords only being able to raise rent a small amount each year, and protection from easy eviction. Renters who have been living in the City for a long time, may be profiting greatly from their below market level rents and may not want to see rent control abolished, even if it has other unintended consequences. This means that renters may have a huge impact on government official’s decisions in whether or not to support the policy. Government officials understand that the majority of voters are probably benefiting from rent control and would not want to risk re-election by trying to terminate the program. Likewise, officials are citizens too and may be benefiting personally from rent control. San Francisco also has a long history of unions. If special interest groups, such as labor unions, believe that rent control helps keep workers in the City they would be unlikely to support a change in the policy. Other unions, like the tenants union, would also bring strong opposition to any changes in the current policy.
  • 9. Rent Control 9 References: City and County of San Francisco Rent Board (n.d.). Mission Statement. Retrieved August 5, 2010 from http://www.sfrb.org/index.aspx?page=1 Jenkins, B. (January, 2009). Rent control: Do economists agree. Econ Journal Watch, volume 6, #1, pp 73-112. Roger, M., Benjamin, D. & North, D. (2010). Bankrupt Landlords for Sea to Shining Sea. In D. Battista (E.D.) In the economics of public issues (pp58-67). New York: Addison-Wesley. San Francisco Housing Datebook. (2002). Retrieved August 7, 2009 from http://www.sfrb.org/index.aspx?page=137 Tucker, W. (1997). How Rent Control Drives Out Affordable Housing. Retrieved August 6, 2010 from http://www.cato.org/pubs/pas/pa-274.html U.S. Census Bureau (2000). American Fact Finder. Retrieved August 6, 2010 from http://factfinder.census.gov/servlet/QTTable?_bm=y&- qr_name=DEC_2000_SF3_U_DP4&-ds_name=DEC_2000_SF3_U&-_lang=en&- _sse=on&-geo_id=16000US0667000