San Francisco · Rent Control Violations
SF Unlawful Rent Increase Attorney
San Francisco’s rent control limits what your landlord can charge — precisely and in writing. When landlords exceed those limits, they owe you back. When an unlawful increase is designed to make you leave, it may be the basis for a larger wrongful eviction claim.
The rule
For covered units, SF Admin Code § 37.3 limits rent increases to the Rent Board’s annual allowable amount — published each March 1, calculated as 60% of the increase in the San Francisco Consumer Price Index, with a hard cap of 7% in any given year.
A landlord may impose this increase once per year on the tenant’s anniversary date — and only if they have reported required information about their unit to the Rent Board under § 37.15. Any increase beyond the allowable amount, any second increase within a 12-month period, and any uncertified passthrough is a violation, regardless of what the lease says.
Annual allowable increases — recent years
The allowable percentage changes each year based on CPI. Check the SF Rent Board website for the current year’s allowable increase and historical rates. If your landlord imposed an increase above the published rate for any year, you have been overcharged.
Types of unlawful rent increases
These are the violations we see most often. Some are obvious; others are buried in lease addenda or obscured by confusing passthrough notices.
Increase above the annual allowable percentage
The Rent Board publishes the allowable annual increase each March 1 — 60% of the local CPI, capped at 7%. Any increase beyond that amount for a covered unit is unlawful. Even a fraction of a percent over the cap is a violation.
Multiple increases in a 12-month period
A landlord may impose only one rent increase per 12-month period on the tenant's anniversary date. A second increase within the same period — regardless of the percentage — is an independent violation.
Passthroughs imposed without Rent Board certification
Capital improvement, utility, water, and property tax passthroughs require Rent Board certification or approval before they can be imposed. A landlord who passes through costs without following the Board's process has imposed an unlawful increase.
Banked increase exceeding the accumulated allowable amount
Landlords may "bank" unused portions of allowable annual increases and apply them in future years — but the total cannot exceed the sum of prior unused allowable amounts. An increase that purports to apply banked amounts beyond what was actually accumulated is unlawful.
Increase imposed for adding a new occupant
A landlord may not impose a rent increase solely because a tenant has added an occupant to an existing tenancy — including a newborn child or a family member as defined in the Housing Code. Any lease provision that purports to allow this is void.
Rent reset through a "new lease" or "renewal"
A landlord cannot use a new lease agreement or a lease renewal to reset the rent above the lawful controlled amount. If the tenancy is continuous and covered by rent control, the controlled rent carries forward regardless of what a new document says.
Charges disguised as rent to inflate the effective rent
New fees for parking, storage, or services that were previously included in the rent — or new charges added without any change in services — may constitute unlawful rent increases if they function as additional rent for the same tenancy.
When an unlawful increase is also a wrongful eviction
An unlawful rent increase has its own remedies — repayment of the excess, plus interest and potentially attorney fees. But when a landlord imposes an unlawful increase specifically to make the unit unaffordable and pressure the tenant into leaving, the violation may also support a constructive eviction claim.
In that case, the damages framework changes significantly: actual damages (including the rent differential between your controlled rent and what you now pay), trebled under § 37.9(f), plus attorney fees. If the increase was the mechanism for a forced departure, the landlord’s exposure is much larger than the sum of excess rent paid.
What you can recover
Repayment of excess rent
The difference between what you paid and what the lawful controlled rent was — going back through the period of the violation. With interest.
Rent Board petition
Tenants can file a petition with the SF Rent Board to challenge unlawful increases and obtain a reduction back to the lawful rate. This is often the starting point.
Attorney's fees
For willful violations and civil claims, attorney's fees may be recoverable. Bowlay Law evaluates whether the violation warrants civil litigation.
Treble damages (if constructive eviction)
If the unlawful increase was used to force you out of a rent-controlled unit, the claim may rise to wrongful eviction under § 37.9(f) — with 3× actual damages.
Think your rent increase was unlawful?
The free screening call takes 15–20 minutes. Cody will look at your rent history, the Rent Board’s allowable increases for the relevant years, and any passthrough notices you received — and tell you honestly what he sees.
No fee unless we win · SF tenants only · Free screening call
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