Rent control is a type of regulation that would stipulate how much (and how frequently) landlords are allowed to increase rent on private residential properties (and in some circumstances, restrict the eviction process). See below for a list of laws by state.
ALABAMA
Preempts Rent Control:
AL Code § 11-80-8.1 (2019)
Enactment of ordinances, resolutions, etc., controlling rent charged for leasing private property prohibited.
(a) As used in this section, “local governmental unit” means any political subdivision of this state including, but not limited to, a county, city, town, or municipality, if the political subdivision provides local government services in a geographically limited area of this state as its primary purpose and it has the power to act primarily on behalf of that area.
(b) A local governmental unit shall not enact, maintain, or enforce an ordinance, resolution, or rule that would have the effect of controlling the amount of rent charged for leasing private property. This section does not impair the right of any local governmental unit to manage and control property in which the local governmental unit has a property interest.
ALASKA
No rent control, does not preempt rent control:
Provides for Home Rule in state constitution to First Class Cities & Boroughs
ARIZONA
Preempts Rent Control:
AZ Rev Stat § 33-1329 (2019)
A. Notwithstanding any other provisions of law to the contrary the state legislature determines that the imposition of rent control on private residential housing units by cities, including charter cities, and towns is of statewide concern. Therefore, the power to control rents on private residential property is preempted by the state. Cities, including charter cities, or towns shall not have the power to control rents.
B. The provisions of subsection A shall not apply to residential property which is owned, financed, insured or subsidized by any state agency, or by any city, including charter city, or town.
ARKANSAS
Preempts Rent Control:
AR Code § 14-16-601 (2018)
(a) As used in this section, “local governmental unit” means a political subdivision of this state, including, but not limited to, a county, city, village, or township, if the political subdivision provides local government services for residents in a geographically limited area of this state as its primary purpose and has the power to act primarily on behalf of that area.
(b) A local governmental unit shall not enact, maintain, or enforce an ordinance or resolution that would have the effect of controlling the amount of rent charged for leasing private residential or commercial property.
(c) This section does not impair the right of any local governmental unit to manage and control residential property in which the local governmental unit has a property interest.
CALIFORNIA
Statewide rent control caps & city-specific laws:
AB-1482 Tenant Protection Act of 2019: tenancy: rent caps.(2019-2020)
Through 2030, rent increases are capped at 5% plus the increase in regional Consumer Price Index (CPI) or 10% of the lowest rent charged in the prior 12 months, whichever is less. Rent can only be raised twice over any 12-month time period. AB1482 applies to units not covered by city and county rent control laws but does not override those laws. (Summary)
Los Angeles County has specific laws as do most major cities in California.
Types of properties that are exempt from rent control may include:
- single-family homes
- condominiums
- owner-occupied buildings with no more than four units
- rental units part of a main residence such as a carriage house
- short-term rentals like Airbnb
The statute does not impair the right of any state agency, county or municipality to control and manage properties that are affiliated with housing authorities or other similar agencies.
COLORADO
Preempts Rent Control:
CO Rev Stat § 38-12-301 (2018)
(1) The general assembly finds and declares that the imposition of rent control on private residential housing units is a matter of statewide concern; therefore, no county or municipality may enact any ordinance or resolution that would control rent on either private residential property or a private residential housing unit.
The rest of the statute goes on to prohibit ordinances and resolutions on private residential housing that will:
- require voluntary agreements between local governments to provide affordable housing,
- place restrictions on titles to units that limit rent or provide affordable housing pursuant to voluntary agreements with local governments
- allow a permit applicant or property owner to place a deed restriction on the title
- deny application for development permit because the permit declines to enter into an agreement limiting rent on private residential property or housing units
The statute does not impair the right of any state agency, county or municipality to control and manage properties that are affiliated with housing authorities or other similar agencies.
CONNECTICUT
Preempts Rent Control:
CGS § 7-148b
Connecticut repealed its laws allowing local rent control in 1956. While it preempts rent control, the law does permit fair rent commissions that can receive and investigate complaints, issue subpoenas, and hold hearings. Landlords may be compelled to reduce rents but cannot be deprived of a “just and reasonable return on the value of the rental property.”
(b) Except as provided in subsection (c) of this section, any town, city or borough may, through its legislative body, create a fair rent commission to make studies and investigations, conduct hearings and receive complaints relative to rental charges on housing accommodations, except those accommodations rented on a seasonal basis, within its jurisdiction, which term shall include mobile manufactured homes and mobile manufactured home park lots, in order to control and eliminate excessive rental charges on such accommodations… The commission, for such purposes, may compel the attendance of persons at hearings, issue subpoenas and administer oaths, issue orders and continue, review, amend, terminate or suspend any of its orders and decisions. The commission may be empowered to retain legal counsel to advise it.
(c) Any town, city or borough in which the number of renter-occupied dwelling units is greater than five thousand, as determined by the most recent decennial census, and which does not have a fair rent commission on October 1, 1989, shall, on or before June 1, 1990, conduct a public hearing or public hearings and decide by majority vote of its legislative body whether to create a fair rent commission as provided in subsection (a) of this section. Any such town, city or borough which fails to act pursuant to the requirements of this subsection shall, not later than June 1, 1991, create such fair rent commission.
(d) Any two or more towns, cities or boroughs not subject to the requirements of subsection (c) of this section may, through their legislative bodies, create a joint fair rent commission.
DELAWARE
No rent control, does not preempt rent control:
Provides for Home Rule through legislative statute to any municipality.
FLORIDA
Preempts Rent Control:
2019 Florida Statue 125.0103
(1)(a) Except as hereinafter provided, no county, municipality, or other entity of local government shall adopt or maintain in effect an ordinance or a rule which has the effect of imposing price controls upon a lawful business activity which is not franchised by, owned by, or under contract with, the governmental agency, unless specifically provided by general law.
Further sections stipulate that:
- No law or ordinance can be passed to control rent unless it is a grave emergency and any such law will expire within a year
- No rent control laws may be passed that affect seasonal/vacation/short-term rental units, second homes, or units in luxury apartment buildings
GEORGIA
Preempts Rent Control:
Official Code of Georgia 2019 § 44-7-19
No county or municipal corporation may enact, maintain, or enforce any ordinance or resolution which would regulate in any way the amount of rent to be charged for privately owned, single-family or multiple-unit residential rental property. This Code section shall not be construed as prohibiting any county or municipal corporation, or any authority created by a county or municipal corporation for that purpose, from regulating in any way property belonging to such county, such municipal corporation, or such authority from entering into any agreements with private persons, which agreements regulate the amount of rent to be charged for such rental properties.
HAWAII
No rent control, does not preempt rent control:
Provides for Home Rule through state constitution.
IDAHO
Preempts Rent Control:
Idaho Code § 55-307 (2019)
(2) A local governmental unit shall not enact, maintain, or enforce an ordinance or resolution that would have the effect of controlling the amount of rent charged for leasing private residential property. This provision does not impair the right of any local governmental unit to manage and control residential property in which the local governmental unit has a property interest.
ILLINOIS
Preempts Rent Control:
2019 Illinois Compiled Statutes 50 ILCS 825/ – Rent Control Preemption Act
Sec. 5. Rent control prohibited.
(a) A unit of local government, as defined in Section 1 of Article VII of the Illinois Constitution, shall not enact, maintain, or enforce an ordinance or resolution that would have the effect of controlling the amount of rent charged for leasing private residential or commercial property.
(b) This Act does not impair the right of a unit of local government to manage and control residential property in which the unit of local government has a property interest.
Sec. 10. Home rule preemption. A home rule unit may not regulate or control the amount of rent charged for leasing private residential or commercial property. This Section is a denial and limitation of home rule powers and functions under subsection (g) of Section 6 of Article VII of the Illinois Constitution.
INDIANA
Preempts Rent Control:
Indiana Code IN Code § 32-31-1-20 (2019)
IC 32-31-1-20 Privately owned real property; local units prohibited from regulating rental rates unless authorized by general assembly
Sec. 20. (a) Subject to IC 36-1-3-8.5, this section does not apply to privately owned real property for which government funds or benefits have been allocated from the United States government, the state, or a political subdivision for the express purpose of providing reduced rents to low or moderate-income tenants.
(b) A unit (as defined in IC 36-1-2-23) may not regulate rental rates for privately owned real property, through a zoning ordinance or otherwise, unless the regulation is authorized by an act of the general assembly.
IOWA
Preempts Rent Control:
IA Code § 364.3 (2019)
9. A city shall not adopt or enforce any ordinance imposing any limitation on the amount of rent that can be charged for leasing private residential or commercial property. This subsection does not prevent the right of a city to manage and control residential property in which the city has a property interest.
KANSAS
Preempts Rent Control:
KS Stat § 12-16,120 (2018)
Prohibiting rent control or control of real estate purchase price by political subdivisions; exceptions. (a) No political subdivision of this state, including, but not limited to, a county, municipality or township, shall enact, maintain or enforce any ordinance or resolution that would have the effect of controlling the amount of rent charged or the purchase price agreed upon between the parties to the transaction for the lease or purchase of privately-owned residential or commercial property.
(b) This section shall not impair the right of any political subdivision to manage and control commercial or residential property in which such political subdivision has an ownership interest.
(c) This section shall not impair the right of any owner of privately owned property to enter into a voluntary agreement with a political subdivision to agree to requirements that would have the effect of controlling the amount of rent charged or the purchase price agreed upon between the parties to the transaction for the lease or purchase of privately owned property in return for grants or incentives provided by the political subdivision to the owner of privately owned property.
(d) No political subdivision shall require any owner of privately owned property to agree to any requirements that would have the effect of controlling the amount of rent charged or the purchase price agreed upon between the parties to the transaction for the lease or purchase of privately owned property, as a condition for consideration or approval of: (1) Any building permit or plat; or (2) any request for a zoning regulation, boundary, classification or a conditional use permit, or for a change or variance in a zoning regulation, boundary, classification or a conditional use permit.
KENTUCKY
Preempts Rent Control:
KY Rev Stat § 65.875 (2019)
65.875 Prohibition against local rent control on private property. Notwithstanding the provisions of KRS 67.712, 67.083, 82.082, and 83.420, to ensure uniformity and statewide application, only the General Assembly shall enact legislation which would control rents on private property. This section is not intended to impair the right of any city, county, or urban-county to manage and control any property in which it has an interest through a housing authority or similar agency which provides housing assistance, nor is this section intended to include those programs operated by any city, county, or urban-county pursuant to federal grant programs.
LOUISIANA
Preempts Rent Control:
LA Rev Stat § 9:3258 (2017)Lessor’s right to own, control, use, enjoy, protect and dispose of property and things
Every lessor, in accordance with the provisions of Article I, Section 4 of the Louisiana Constitution of 1974, shall have the right to the ownership, control, use, enjoyment, protection and right to dispose of private property including any alienation thereof by lease or otherwise, where a person by law or contract has a legal right to give to another the enjoyment of a thing or property for a valid consideration; which said rights shall include all rights granted to lessors by Title IX of the Louisiana Civil Code dealing with lease, and which said rights shall not be altered, abridged or diminished except by state law, and which said rights are subject to the reasonable exercise of the police power.
Louisiana State Constitution Article VI. §9. Limitations of Local Governmental Subdivisions
Section 9.(A) Limitations. No local governmental subdivision shall… (2) except as provided by law, enact an ordinance governing private or civil relationships.
MAINE
No statewide rent control, some cities and counties are under rent control:
Portland City Code, Chapter 6, Sec. 6-230 The purpose of this Article is to address increasing rental costs within the City of Portland; to promote neighborhood and community stability; to protect the City’s tenant population; to limit arbitrary evictions; and to stabilize and make more predictable future rent increases, all while remaining in conformance with Maine law, and ensuring that Landlords within the City receive a fair return on investment.
Provides for Home Rule through state constitution.
MARYLAND
No statewide rent control, some cities and counties are under rent control:
MD Local Gov Code § 13-923 (2018) The County Commissioners of Washington County may enact a local law or adopt regulations to control the increase of rent in the county.
MD Local Gov Code § 13-922 (2018) The governing body of Frederick County may enact an ordinance to control the increase of rent in the county.
Takoma Park Rent Stabilization Law
All landlords who are under rent stabilization are required to give at least a two-month written notice of a rent increase and cannot increase the rent more than the city’s rent stabilization allowance in effect at the time of the increase. The Current Rent Increase Allowance is 1.6% and applies to all rent increases occurring between July 1, 2019 through June 30, 2020.
6.20.010 Application of rent stabilization—Scope, rent increases, notification requirements, annual reporting.
1. Rent Increases. Rent increases shall be limited to the rent increase amounts authorized by this chapter for regulated rental units.
2. Frequency of Rent Increases. Rents for any individual rental unit may not be increased more often than permitted by this chapter.
3. Notice of Rent Increases. Notification of any rent increase authorized by this chapter shall be provided in writing to the tenant at least two months prior to the date the rent increase is to take effect.
C. Reporting of Rents. Landlords must file an annual rent report with the Department on a form prescribed by the Department.
MASSACHUSETTS
Preempts Rent Control:
The Massachusetts Rent Control Prohibition Act. Ch. 40P § 1-5
Section 2. The purpose of this chapter is to establish a uniform statewide policy that broadly prohibits any regulatory scheme based upon or implementing rent control, except where, following an initial six month period, compliance with such a scheme is voluntary and uncoerced on the part of property owners. Even when voluntary, rent control should be severely restricted in scope. This policy is based on the belief that the public is best served by free-market rental rates for residential properties and by unrestricted homeownership. The terms of this chapter shall be liberally construed to effect this purpose.
Section 4. No city or town may enact, maintain or enforce rent control of any kind, except that any city or town that accepts this chapter may adopt rent control regulation that provides:
(a) after six months from the date of the initial adoption of rent control regulation by a particular city or town, compliance on the part of property owners as to the rent control regulation or any subsequently adopted rent control regulation shall be entirely voluntary and uncoerced, and the property of a person or entity declining to have his or its property subjected to such regulation shall be wholly unaffected by any aspect of the rent control regulation or any subsequently adopted rent control regulation;
(b) such regulation may not include the regulation of occupancy, services, evictions, condominium conversion or the removal of properties from such regulation, nor may such regulation apply to any rental unit that is owned by a person or entity owning less than ten rental units or that has a fair market rent exceeding $400; and
(c) a municipality adopting such regulation shall compensate owners of rent-controlled units for each unit in the amount of the difference between the unit’s fair market rent and the unit’s below market, rent-controlled rent, with such compensation coming from the municipality’s general funds, so that the cost of any rent control shall be borne by all taxpayers of a municipality and not by the owners of regulated units only.
Section 5. Because rent control is a matter of statewide concern, this chapter shall preempt, supersede or nullify any inconsistent, contrary or conflicting state or local law.
MICHIGAN
Preempts Rent Control:
MI Comp L § 123.411 (2019) “Local governmental unit” defined; rent control prohibited; management and control of residential property; incentive to increase supply of certain residential property.
Sec. 1.
(1) As used in this section, “local governmental unit” means a political subdivision of this state including, but not limited to, a county, city, village, or township, if the political subdivision provides local government services for residents in a geographically limited area of this state as its primary purpose and has the power to act primarily on behalf of that area.
(2) Subject to subsections (3) and (4), a local governmental unit shall not enact, maintain, or enforce an ordinance or resolution that would have the effect of controlling the amount of rent charged for leasing private residential property.
(3) This section does not impair the right of any local governmental unit to manage and control residential property in which the local governmental unit has a property interest.
(4) This section does not limit the power of a local governmental unit to adopt an ordinance or resolution to implement a plan to use voluntary incentives and agreements to increase the supply of moderate- or low-cost private residential property available for lease.
MINNESOTA
Preempts Rent Control:
MN Stat § 471.9996 (2019)
Subdivision 1. In general. No statutory or home rule charter city, county, or town may adopt or renew by ordinance or otherwise any law to control rents on private residential property except as provided in subdivision 2. This section does not impair the right of any statutory or home rule charter city, county, or town:
(1) to manage or control property in which it has a financial interest through a housing authority or similar agency;
(2) to contract with a property owner;
(3) to act as required or authorized by laws or regulations of the United States government or this state; or
(4) to mediate between property owners and tenants for the purpose of negotiating rents.
Subd. 2. Exception. Subdivision 1 does not preclude a statutory or home rule charter city, county, or town from controlling rents on private residential property to the extent that the city, county, or town has the power to adopt an ordinance, charter amendment, or law to control these rents if the ordinance, charter amendment, or law that controls rents is approved in a general election. Subdivision 1 does not limit any power or authority of the voters of a statutory or home rule charter city, county, or town to petition for an ordinance or charter amendment to control rents on private residential property to the extent that the power or authority is otherwise provided for by law, and if the ordinance or charter amendment is approved in a general election. This subdivision does not grant any additional power or authority to the citizens of a statutory or home rule charter city, county, or town to vote on any question beyond that contained in other law.
Subdivision 1 does not apply to any statutory city unless the citizens of the statutory city have the authority to vote on the issue of rent control granted by other law.
MISSISSIPPI
Preempts Rent Control:
MS Code § 21-17-5 (2018)
(2) Unless such actions are specifically authorized by another statute or law of the State of Mississippi, this section shall not authorize the governing authorities of municipalities to … (h) without prior legislative approval, regulate, directly or indirectly, the amount of rent charged for leasing private residential property in which the municipality does not have a property interest.
MISSOURI
Preempts Rent Control:
MO Rev Stat § 441.043
Counties and cities not to adopt ordinances regulating rents of private or commercial property, exceptions.
441.043. No county or city, or county or city with a charter form of government may enact, maintain, or enforce any ordinance or resolution which regulates the amount of rent to be charged for privately-owned, single-family, or multiple-unit residential or commercial rental property. This section shall not be construed as prohibiting any county or city, or any authority created by a county or city for that purpose, from:
(1) Regulating in any way property belonging to that city, county, or authority; (2) Entering into agreements with private persons which regulate the amount of rent charged for subsidized rental properties; or (3) Enacting ordinances or resolutions restricting rent for properties assisted with community development block grant funds.
MONTANA
No rent control, does not preempt rent control:
Provides for Home Rule in state constitution to municipalities
NEBRASKA
No rent control, does not preempt rent control:
Provides for Home Rule in state constitution.
NEVADA
No rent control, does not preempt rent control:
Provides for Home Rule in state constitution to any city or town.
NEW HAMPSHIRE
Preempts Rent Control:
121 N.H. 268 (1981) LEONARD GIRARD & a. v. TOWN OF ALLENSTOWN & a.No. 80-359.
The court found that a statute providing that towns may make bylaws for “the making and ordering of their prudential affairs” did not authorize towns to adopt and enforce a rent control ordinance.
“…We are unaware of any decision of this court that would support the proposition that towns have the power to control rents or otherwise interfere with private contracts concerning the rental of property under the vague authority of “ordering their prudential affairs.” When placed in its historical and proper constitutional context, we do not consider the language “to order their prudential affairs” to constitute a separate and distinct grant of legislative authority. …a town does not have the authority to enact a rent control ordinance.”
NEW JERSEY
Does not have state law controlling rent increases or leveling, many municipalities do.
Exemptions: NJ Rev Stat § 2a:42-84.5 (2018)
2. a. In any municipality which has enacted or which hereafter enacts a rent control or rent leveling ordinance, other than under the authority of P.L.1966, c.168 (C.2A:42-74 et seq.), those provisions of the ordinance which limit the periodic or regular increases in base rentals of dwelling units shall not apply to multiple dwellings constructed after the effective date of this act, for a period of time not to exceed the period of amortization of any initial mortgage loan obtained for the multiple dwelling, or for 30 years following completion of construction, whichever is less.
NEW MEXICO
Preempts Rent Control:
NEW YORK
Statewide, County, & Municipal Rent Control:
The Housing Stability and Tenant Protection Act of 2019:
Extends and makes certain provisions of law permanent relating to rent control and rent stabilization (Part A); repeals provisions of law relating to rent increases after vacancy of housing accommodations (Part B); relates to vacancy of certain housing accommodations (Part C)
NORTH CAROLINA
Preempts Rent Control:
NC Gen Stat § 42-14.1 (2019)
No county or city as defined by G.S. 160A-1 may enact, maintain, or enforce any ordinance or resolution which regulates the amount of rent to be charged for privately owned, single-family or multiple-unit residential or commercial rental property. This section shall not be construed as prohibiting any county or city, or any authority created by a county or city for that purpose, from:
(1) Regulating in any way property belonging to that city, county, or authority;
(2) Entering into agreements with private persons which regulate the amount of rent charged for subsidized rental properties; or
(3) Enacting ordinances or resolutions restricting rent for properties assisted with Community Development Block Grant Funds.
NORTH DAKOTA
Preempts Rent Control:
2019 North Dakota Century Code § 47-16-02.1. Rent controls – Prohibited.
A political subdivision may not enact, maintain, or enforce an ordinance or resolution that would have the effect of controlling the amount of rent charged for leasing private residential or commercial property. This section does not impair the right of a political subdivision to manage and control residential property in which the political subdivision has a fee title interest.
OHIO
No rent control, does not preempt rent control:
Provides for Home Rule in state constitution to any municipality.
OKLAHOMA
Preempts Rent Control:
OK Stat § 11-14-101.1 (2018)
A. No municipal governing body may enact, maintain, or enforce any ordinance or resolution which regulates the amount of rent to be charged for privately owned, single-family or multiple unit residential or commercial rental property.
B. This section shall not be construed to prohibit any municipality or any authority created by a municipality for that purpose from: 1. regulating in any way property belonging to that municipality or authority; 2. entering into agreements with private persons which regulate the amount of rent charged for subsidized rental properties; or 3. enacting ordinances or resolutions restricting rent for properties assisted with federal Community Development Block Grant Funds.
OREGON
Statewide Rent Control, Preempts Local Rent Control:
OR Rev Stat § 91.225 (2017)
the Legislative Assembly declares that the imposition of rent control on housing in the State of Oregon is a matter of statewide concern.
(2) Except as provided in subsections (3) to (5) of this section, a city or county shall not enact any ordinance or resolution which controls the rent that may be charged for the rental of any dwelling unit.
(3) This section does not impair the right of any state agency, city, county or urban renewal agency as defined by ORS 457.035 to reserve to itself the right to approve rent increases, establish base rents or establish limitations on rents on any residential property for which it has entered into a contract under which certain benefits are applied to the property for the expressed purpose of providing reduced rents for low income tenants. Such benefits include, but are not limited to, property tax exemptions, long-term financing, rent subsidies, code enforcement procedures and zoning density bonuses.
(4) Cities and counties are not prohibited from including in condominium conversion ordinances a requirement that, during the notification period specified in ORS 100.305, the owner or developer may not raise the rents of any affected tenant except by an amount established by ordinance that does not exceed the limit imposed by ORS 90.493.
(5) Cities, counties and state agencies may impose temporary rent controls when a natural or man-made disaster that materially eliminates a significant portion of the rental housing supply occurs, but must remove the controls when the rental housing supply is restored to substantially normal levels.
(7) This section is applicable throughout this state and in all cities and counties therein. The electors or the governing body of a city or county shall not enact, and the governing body shall not enforce, any ordinance, resolution or other regulation that is inconsistent with this section.
PENNSYLVANIA
No rent control, does not preempt rent control:
Provides for Home Rule in state constitution via legislation all local governments.
RHODE ISLAND
No rent control, does not preempt rent control:
Applies the Dillon Rule to matters or governmental units not accounted for in the constitutional amendment or statute which grants Home Rule.
SOUTH CAROLINA
Preempts Rent Control:
SC Code § 27-39-60 (2019)
No county or municipal corporation may enact, maintain, or enforce any ordinance or resolution which would regulate in any way the amount of rent to be charged for privately owned, single family, or multiple unit residential, or commercial rental property. This section may not be construed as prohibiting any county or municipal corporation, or any authority created by a county or municipal corporation for that purpose, from regulating in any way property belonging to the county or municipal corporation or from entering into any agreements with private persons which regulate the amount of rent to be charged for rental properties.
SOUTH DAKOTA
Preempts Rent Control:
SD Codified L § 6-1-13 (2018)
Rent control of private residential property prohibited. No local governmental unit may enact, maintain, or enforce any ordinance, resolution, or other enactment that would have the effect of controlling the amount of rent charged for leasing private residential property. This section does not impair the right of any local governmental unit to manage and control residential property in which the local governmental unit has a property interest.
TENNESSEE
Preempts Rent Control, preempts mandatory inclusionary zoning:
TN Code § 66-35-101-103 (2018)
(a) A local governmental unit shall not enact, maintain or enforce an ordinance or resolution that would have the effect of controlling the amount of rent charged for leasing private residential or commercial property.
(b) (1) Notwithstanding any provision of law to the contrary, a local government unit, or any subdivision or instrumentality thereof, shall not enact, maintain, or enforce any ordinance, resolution, regulation, rule, or other requirement of any type that: (A) Requires the direct or indirect allocation of existing or newly constructed private residential or commercial rental units to be sold or rented at below market rates; (B) Conditions any zoning change, variance, building permit, development entitlements through amendment to the zoning map, or any change in land-use restrictions or requirements, on the allocation of existing or newly constructed private residential or commercial rental units to be sold or rented at below market rates; or (C) Requires a person to waive the person’s constitutionally protected rights related to real property in order that the local government unit can increase the number of existing or newly constructed private residential or commercial rental units that would be available for purchase or lease at below market rates within the jurisdiction of the local government unit.
(2) This subsection (b) does not prohibit a local government unit from creating or implementing a purely voluntary incentive-based program designed to increase the construction or rehabilitation of workforce or affordable private residential or commercial rental units, which may include providing local tax incentives, subsidization, real property or infrastructure assistance, or any other incentive that makes construction of affordable housing more economical, so long as no power or authority granted to the local government unit to regulate zoning or land use planning is used to incentivize or leverage a person to develop, build, sell, or rent housing at below market value.
TN Code § 66-35-103 (2018)
This chapter does not impair the right of a local governmental unit to manage and control residential or commercial property in which such local governmental unit has a property interest.
TEXAS
Preempts Rent Control:
Texas Local Government Code Title 7.A § 214.902
RENT CONTROL. (a) The governing body of a municipality may, by ordinance, establish rent control if:
(1) the governing body finds that a housing emergency exists due to a disaster as defined by Section 418.004, Government Code; and
(2) the governor approves the ordinance.
(b) The governing body shall continue or discontinue rent control in the same manner that the governor continues or discontinues a state of disaster under Section 418.014, Government Code.
UTAH
Preempts Rent Control:
UT Code § 57-20-1 (2018)
(1) A county, city, or town may not enact an ordinance or resolution that would control rents or fees on private residential property unless it has the express approval of the Legislature.
(2) This section does not impair the right of a state agency, county, city, or town to enforce its zoning, building, and planning authority.
VERMONT
No rent control, does not preempt rent control:
Applies the Dillon Rule to matters or governmental units not accounted for in the constitutional amendment or statute which grants Home Rule.
VIRGINIA
No rent control, does not preempt rent control:
Applies the Dillon Rule to matters or governmental units not accounted for in the constitutional amendment or statute which grants Home Rule.
WASHINGTON
Preempts Rent Control:
WA Rev Code § 36.01.130 (2018)
The imposition of controls on rent is of statewide significance and is preempted by the state. No county may enact, maintain or enforce ordinances or other provisions which regulate the amount of rent to be charged for single-family or multiple-unit residential rental structures or sites other than properties in public ownership, under public management, or properties providing low-income rental housing under joint public-private agreements for the financing or provision of such low-income rental housing. This section shall not be construed as prohibiting any county from entering into agreements with private persons which regulate or control the amount of rent to be charged for rental properties.
WEST VIRGINIA
No rent control, does not preempt rent control:
Provides for Home Rule in state constitution for cities of 2000+
WISCONSIN
Preempts Rent Control:
WI Stat § 66.1015 (2018)
(1) No city, village, town or county may regulate the amount of rent or fees charged for the use of a residential rental dwelling unit.
(2) This section does not prohibit a city, village, town, county, or housing authority or the Wisconsin Housing and Economic Development Authority from doing any of the following:
(a) Entering into a rental agreement which regulates rent or fees charged for the use of a residential rental dwelling unit it owns or operates.
(b) Entering into an agreement with a private person who regulates rent or fees charged for a residential rental dwelling unit.
(3) Inclusionary zoning prohibited.
(a) In this subsection:
1. “Inclusionary zoning” means a zoning ordinance, as defined in s. 66.10015 (1) (e), regulation, or policy that prescribes that a certain number or percentage of new or existing residential dwelling units in a land development be made available for rent or sale to an individual or family with a family income at or below a certain percentage of the median income.
2. “Median income” has the meaning given in s. 234.49 (1) (g).
(b) No city, village, town, or county may enact, impose, or enforce an inclusionary zoning requirement.
WYOMING
No rent control, does not preempt rent control:
Provides for Home Rule in state constitution for municipalities
