Key Takeaways:
- Rent control regulations vary significantly by state and municipality to limit how much landlords can increase rent
- Federal assistance like Section 8 provides affordable housing options for low-income families through local public housing agencies
- The majority of U.S. states currently preempt or prohibit local governments from enacting their own rent control measures
- Specific notice periods and percentage caps apply in active states like California, Oregon, and Washington to protect tenants
As a tenant, it’s essential to know your state’s laws before signing a residential lease agreement with a landlord or paying any fees that may be illegal.
In recent years, the rental market in the United States has seen significant changes. According to Redfin's analysis, the median U.S. asking price will rise about 2-3% by the end of 2026.
However, laws are in place that make it so that landlords cannot charge any amount of money for rent.
The laws vary depending on the state and municipality, and rent-control laws may be enacted by the federal government, states, or local governments. Keep reading to understand limitations in your area.
What Is the Federal Rent Control Law?
Originally, rent control was part of a federal law enacted after World War II to deal with the housing shortage. Nowadays, most locales no longer require emergencies to implement rent-control laws. The rules have been challenged repeatedly in court, but if they protect property owners, they can be upheld.
To assist low-income families and people with disabilities, the Federal Department of Urban Development (HUD) offers the Housing Choice Voucher Program (Section 8 housing). In the private market, they find safe and affordable housing, and families who qualify receive housing choice vouchers from their local public housing agency.
The PHAs determine whether a family is eligible for Section 8 housing based on income and size. Section 8 qualifications require a family's income to be below 50% of the median income in their area, but this varies by city and state.
Landlords can participate or not, and housing authorities will provide subsidies directly to landlords, and tenants pay the difference.
How State and Local Rent Control Laws Work
Currently, more than 30 states prohibit or preempt local governments from enacting rent control measures. Cities and counties pass rent control ordinances administered by local rent control boards.
Being large cities, New York and San Francisco have robust rent control laws. If a landlord wants to send a lease termination letter or a rent increase letter, they may need permission from the rent control board.
What is a Rent Increase Letter?
A rent increase letter informs you, as a tenant, that your rent is about to rise. Before raising the rent, there are specific rules and procedures that landlords need to follow, and a landlord may wish to consult with a property manager or real estate attorney.
Landlords must wait for a lease agreement to expire before increasing rent unless the lease allows it. However, a landlord cannot raise the rent if the rental property is in a city or state with rent control laws.
Some landlord-tenant laws require landlords to give you at least 30 days' notice before raising the rent on a month-to-month lease, depending on the area.
Start your Rent Increase Letter Here
What States Have Rent Control?
Rent control laws are implemented in a few states and cities across the U.S. to regulate rental prices and protect tenants from steep increases.
This infographic shows examples from 3 states with statewide rent control: California, Oregon and Washington.
Rent control in the District of Columbia
The Rental Housing Act of 1985 established rent control in the District of Columbia and is relatively aggressive. A landlord must follow several rules when raising the rent on a unit covered by the Act.
According to these rules:
- An annual rent increase is the only option.
- Most rent increases are limited to 2% plus the Consumer Price Index increase.
- Rent increases cannot exceed 5% per year for elderly and disabled tenants.
All rental units are protected from eviction under the rent stabilization portion of this Act.
Rent control in New York City
The city of New York and certain other counties have a rent control system in place. The control applies only to residential properties built before February 1947, in which tenants or lawful successors have resided continuously since July 1, 1971.
This rent control assigns a maximum base rent to each property. In order to reflect changes in operating costs, the base rent is adjusted once every two years. The property becomes either rent-stabilized or unregulated when a tenant or successor moves out.
Rent control in Oregon
In 2019, Oregon was the first state to impose statewide rent control. Rent increases are limited to 7% plus inflation within 12 months under this law, which is calculated every September by state economists. Rents subsidized by the government or buildings older than 15 years are not subject to this policy.
Rent control in New Jersey
Over 100 cities and townships have passed rent control ordinances in New Jersey. Your local city or township hall can provide you with more information on each.
Rent control in Maine
While Maine does not have any statewide rent control laws, a few cities have enacted local ordinances to limit how much landlords can raise rents each year. Notably, the cities of Portland and South Portland have implemented rent control measures.
Portland's ordinance, enacted in 2020 following a citizens' referendum, limits rent increases on existing tenants to 100% of the Consumer Price Index rate, which typically averages 2-3% annually. South Portland has a similar ordinance.
Rent control in Maryland
Several counties and cities in Maryland have adopted rent control laws. Among the affordable housing communities in Washington/Baltimore, Takoma Park limits rent increases to one per year, which is equal to the Consumer Price Index for the region.
Takoma Park enforces rent regulation through rent stabilization, and the allowances are published annually by the city in late spring.
Rent control in California
As of January 1, 2020, California Governor Newsom had approved a statewide rent control law called the Tenant Protection Act of 2019 (AB 1482). In most cases, a typical rent increase is restricted to 5%, plus inflation, as determined by the Consumer Price Index.
This law, however, also gives local jurisdictions the power to adopt stricter rent control laws. For this reason, rent control is prevalent in many areas.
Rent control in Washington state
One of the more recent developments is the Washington state rent increase law, known as HB 1217, which came into effect in 2025.
This law set caps on annual increases at 7% plus the CPI, or 10%, whichever is lower. It also limits rent increases on manufactured homes to 5% per year.
Rent Withholding: Your Rights When Repairs Are Not Made
If your landlord does not fix a major problem in your home and you refuse to pay some or all of your rent, this is known as rent withholding.
This may be allowed if the problem makes the home unsafe or unfit to live in. However, the rules vary in different states, so make sure you look up the rules for where you live. You could face eviction or a fine if you do not follow the law.
Some states do not allow rent withholding. They may offer other options, such as paying for the repair and deducting the cost from your rent.
When can a tenant legally withhold rent?
A tenant may be able to withhold rent when:
- The home has a serious safety or health problem.
- The landlord knows about the problem.
- The landlord has had enough time to fix it.
- The tenant or their guests did not cause the damage.
- The repair can be made without the tenant moving out permanently.
Local laws might all you to withhold all or part of the rent. You should go back to paying the full amount of rent when the repair is finished.
How to prepare for rent withholding
Tell your landlord about the problem in writing. Keep copies of any communication with them, including:
- Emails
- Letters
- Messages
Take photos or videos of the damage. It’s a good idea to add the date and time when possible.
It’s also a good idea to keep the withheld rent in a separate bank account. This allows you to pay if a court orders you to do so.
Check your state and local laws before withholding rent. You may also want to speak with a lawyer to make sure that what you’re doing is fully legal.
Rent Control & Withholding Laws: State-by State Guide
While some states have statewide rent control, other states preempt rent control, meaning they have state laws that stop local government from passing regulations that enact or enforce rent control.
Some states are known as Dillon Rule states, which comes from Judge John Forrest Dillon in Clinton v. Cedar Rapids and the Missouri River Railroad (1868). This Dillon Rule limits local governments to legislating what the state government has decreed. Municipalities may approach the state if they wish to exercise authority beyond that delegated to them.
To help you see what kinds of laws are applicable in your state, you can find it in the table below.
| State | Category | Additional context |
|---|---|---|
| Alabama | Preempted | — |
| Alaska | No Law | Dillon Rule state; no express rent control preemption. |
| Arizona | Preempted | Restrictions also apply to mandatory inclusionary zoning. |
| Arkansas | Preempted | — |
| California | Active (Statewide) | Statewide rent control applies, and local ordinances may also be in effect. |
| Colorado | Preempted | — |
| Connecticut | Preempted | — |
| Delaware | No Law | No statewide rent control or express preemption. |
| District of Columbia | Active (Statewide) | Districtwide rent control applies to eligible properties. |
| Florida | Preempted | — |
| Georgia | Preempted | — |
| Hawaii | No Law | No statewide rent control or express preemption. |
| Idaho | Preempted | — |
| Illinois | Preempted | — |
| Indiana | Preempted | Restrictions also apply to mandatory inclusionary zoning. |
| Iowa | Preempted | — |
| Kansas | Preempted | Restrictions also apply to mandatory inclusionary zoning. |
| Kentucky | Preempted | — |
| Louisiana | Preempted | — |
| Maine | Active (Local) | Some cities or counties have local rent control ordinances. |
| Maryland | Active (Local) | Some cities or counties have local rent control ordinances. |
| Massachusetts | Preempted | — |
| Michigan | Preempted | — |
| Minnesota | Active (Local) | Some cities or counties have local rent control ordinances. |
| Mississippi | Preempted | — |
| Missouri | Preempted | — |
| Montana | No Law | No statewide rent control or express preemption. |
| Nebraska | Preempted | — |
| Nevada | No Law | Dillon Rule state; no express rent control preemption. |
| New Hampshire | Preempted | — |
| New Jersey | Active (Local) | Some cities or counties have local rent control ordinances. |
| New Mexico | Preempted | — |
| New York | Active (Local) | Some cities or counties have local rent control ordinances. |
| North Carolina | Preempted | — |
| North Dakota | Preempted | — |
| Ohio | Preempted | — |
| Oklahoma | Preempted | — |
| Oregon | Active (Statewide) | Statewide rent control rules apply. |
| Pennsylvania | No Law | Dillon Rule state; no express rent control preemption. |
| Rhode Island | No Law | Dillon Rule state; no express rent control preemption. |
| South Carolina | Preempted | — |
| South Dakota | Preempted | — |
| Tennessee | Preempted | Restrictions also apply to mandatory inclusionary zoning. |
| Texas | Preempted | Restrictions also apply to mandatory inclusionary zoning. |
| Utah | Preempted | — |
| Vermont | No Law | Dillon Rule state; no express rent control preemption. |
| Virginia | No Law | Dillon Rule state; no express rent control preemption. |
| Washington | Active (Statewide) | Statewide rent control rules apply. |
| West Virginia | No Law | Dillon Rule state; no express rent control preemption. |
| Wisconsin | Preempted | Restrictions also apply to mandatory inclusionary zoning. |
| Wyoming | No Law | No statewide rent control or express preemption. |
For a landlord or a tenant with legal issues related to rent control laws, carefully interview a potential real estate attorney to ensure they are thoroughly familiar with your particular rent control scheme.
Be sure they review the sales contracts and residential lease agreements to confirm all applicable rent control laws before trying to increase your rent.
Helpful Resources:
New York Office of Rent Administration - Rent Stabilization and Rent Control
Key Takeaways:
- Rent control regulations vary significantly by state and municipality to limit how much landlords can increase rent
- Federal assistance like Section 8 provides affordable housing options for low-income families through local public housing agencies
- The majority of U.S. states currently preempt or prohibit local governments from enacting their own rent control measures
- Specific notice periods and percentage caps apply in active states like California, Oregon, and Washington to protect tenants
As a tenant, it’s essential to know your state’s laws before signing a residential lease agreement with a landlord or paying any fees that may be illegal.
In recent years, the rental market in the United States has seen significant changes. According to Redfin's analysis, the median U.S. asking price will rise about 2-3% by the end of 2026.
However, laws are in place that make it so that landlords cannot charge any amount of money for rent.
The laws vary depending on the state and municipality, and rent-control laws may be enacted by the federal government, states, or local governments. Keep reading to understand limitations in your area.
What Is the Federal Rent Control Law?
Originally, rent control was part of a federal law enacted after World War II to deal with the housing shortage. Nowadays, most locales no longer require emergencies to implement rent-control laws. The rules have been challenged repeatedly in court, but if they protect property owners, they can be upheld.
To assist low-income families and people with disabilities, the Federal Department of Urban Development (HUD) offers the Housing Choice Voucher Program (Section 8 housing). In the private market, they find safe and affordable housing, and families who qualify receive housing choice vouchers from their local public housing agency.
The PHAs determine whether a family is eligible for Section 8 housing based on income and size. Section 8 qualifications require a family's income to be below 50% of the median income in their area, but this varies by city and state.
Landlords can participate or not, and housing authorities will provide subsidies directly to landlords, and tenants pay the difference.
How State and Local Rent Control Laws Work
Currently, more than 30 states prohibit or preempt local governments from enacting rent control measures. Cities and counties pass rent control ordinances administered by local rent control boards.
Being large cities, New York and San Francisco have robust rent control laws. If a landlord wants to send a lease termination letter or a rent increase letter, they may need permission from the rent control board.
What is a Rent Increase Letter?
A rent increase letter informs you, as a tenant, that your rent is about to rise. Before raising the rent, there are specific rules and procedures that landlords need to follow, and a landlord may wish to consult with a property manager or real estate attorney.
Landlords must wait for a lease agreement to expire before increasing rent unless the lease allows it. However, a landlord cannot raise the rent if the rental property is in a city or state with rent control laws.
Some landlord-tenant laws require landlords to give you at least 30 days' notice before raising the rent on a month-to-month lease, depending on the area.
Start your Rent Increase Letter Here
What States Have Rent Control?
Rent control laws are implemented in a few states and cities across the U.S. to regulate rental prices and protect tenants from steep increases.
This infographic shows examples from 3 states with statewide rent control: California, Oregon and Washington.
Rent control in the District of Columbia
The Rental Housing Act of 1985 established rent control in the District of Columbia and is relatively aggressive. A landlord must follow several rules when raising the rent on a unit covered by the Act.
According to these rules:
- An annual rent increase is the only option.
- Most rent increases are limited to 2% plus the Consumer Price Index increase.
- Rent increases cannot exceed 5% per year for elderly and disabled tenants.
All rental units are protected from eviction under the rent stabilization portion of this Act.
Rent control in New York City
The city of New York and certain other counties have a rent control system in place. The control applies only to residential properties built before February 1947, in which tenants or lawful successors have resided continuously since July 1, 1971.
This rent control assigns a maximum base rent to each property. In order to reflect changes in operating costs, the base rent is adjusted once every two years. The property becomes either rent-stabilized or unregulated when a tenant or successor moves out.
Rent control in Oregon
In 2019, Oregon was the first state to impose statewide rent control. Rent increases are limited to 7% plus inflation within 12 months under this law, which is calculated every September by state economists. Rents subsidized by the government or buildings older than 15 years are not subject to this policy.
Rent control in New Jersey
Over 100 cities and townships have passed rent control ordinances in New Jersey. Your local city or township hall can provide you with more information on each.
Rent control in Maine
While Maine does not have any statewide rent control laws, a few cities have enacted local ordinances to limit how much landlords can raise rents each year. Notably, the cities of Portland and South Portland have implemented rent control measures.
Portland's ordinance, enacted in 2020 following a citizens' referendum, limits rent increases on existing tenants to 100% of the Consumer Price Index rate, which typically averages 2-3% annually. South Portland has a similar ordinance.
Rent control in Maryland
Several counties and cities in Maryland have adopted rent control laws. Among the affordable housing communities in Washington/Baltimore, Takoma Park limits rent increases to one per year, which is equal to the Consumer Price Index for the region.
Takoma Park enforces rent regulation through rent stabilization, and the allowances are published annually by the city in late spring.
Rent control in California
As of January 1, 2020, California Governor Newsom had approved a statewide rent control law called the Tenant Protection Act of 2019 (AB 1482). In most cases, a typical rent increase is restricted to 5%, plus inflation, as determined by the Consumer Price Index.
This law, however, also gives local jurisdictions the power to adopt stricter rent control laws. For this reason, rent control is prevalent in many areas.
Rent control in Washington state
One of the more recent developments is the Washington state rent increase law, known as HB 1217, which came into effect in 2025.
This law set caps on annual increases at 7% plus the CPI, or 10%, whichever is lower. It also limits rent increases on manufactured homes to 5% per year.
Rent Withholding: Your Rights When Repairs Are Not Made
If your landlord does not fix a major problem in your home and you refuse to pay some or all of your rent, this is known as rent withholding.
This may be allowed if the problem makes the home unsafe or unfit to live in. However, the rules vary in different states, so make sure you look up the rules for where you live. You could face eviction or a fine if you do not follow the law.
Some states do not allow rent withholding. They may offer other options, such as paying for the repair and deducting the cost from your rent.
When can a tenant legally withhold rent?
A tenant may be able to withhold rent when:
- The home has a serious safety or health problem.
- The landlord knows about the problem.
- The landlord has had enough time to fix it.
- The tenant or their guests did not cause the damage.
- The repair can be made without the tenant moving out permanently.
Local laws might all you to withhold all or part of the rent. You should go back to paying the full amount of rent when the repair is finished.
How to prepare for rent withholding
Tell your landlord about the problem in writing. Keep copies of any communication with them, including:
- Emails
- Letters
- Messages
Take photos or videos of the damage. It’s a good idea to add the date and time when possible.
It’s also a good idea to keep the withheld rent in a separate bank account. This allows you to pay if a court orders you to do so.
Check your state and local laws before withholding rent. You may also want to speak with a lawyer to make sure that what you’re doing is fully legal.
Rent Control & Withholding Laws: State-by State Guide
While some states have statewide rent control, other states preempt rent control, meaning they have state laws that stop local government from passing regulations that enact or enforce rent control.
Some states are known as Dillon Rule states, which comes from Judge John Forrest Dillon in Clinton v. Cedar Rapids and the Missouri River Railroad (1868). This Dillon Rule limits local governments to legislating what the state government has decreed. Municipalities may approach the state if they wish to exercise authority beyond that delegated to them.
To help you see what kinds of laws are applicable in your state, you can find it in the table below.
| State | Category | Additional context |
|---|---|---|
| Alabama | Preempted | — |
| Alaska | No Law | Dillon Rule state; no express rent control preemption. |
| Arizona | Preempted | Restrictions also apply to mandatory inclusionary zoning. |
| Arkansas | Preempted | — |
| California | Active (Statewide) | Statewide rent control applies, and local ordinances may also be in effect. |
| Colorado | Preempted | — |
| Connecticut | Preempted | — |
| Delaware | No Law | No statewide rent control or express preemption. |
| District of Columbia | Active (Statewide) | Districtwide rent control applies to eligible properties. |
| Florida | Preempted | — |
| Georgia | Preempted | — |
| Hawaii | No Law | No statewide rent control or express preemption. |
| Idaho | Preempted | — |
| Illinois | Preempted | — |
| Indiana | Preempted | Restrictions also apply to mandatory inclusionary zoning. |
| Iowa | Preempted | — |
| Kansas | Preempted | Restrictions also apply to mandatory inclusionary zoning. |
| Kentucky | Preempted | — |
| Louisiana | Preempted | — |
| Maine | Active (Local) | Some cities or counties have local rent control ordinances. |
| Maryland | Active (Local) | Some cities or counties have local rent control ordinances. |
| Massachusetts | Preempted | — |
| Michigan | Preempted | — |
| Minnesota | Active (Local) | Some cities or counties have local rent control ordinances. |
| Mississippi | Preempted | — |
| Missouri | Preempted | — |
| Montana | No Law | No statewide rent control or express preemption. |
| Nebraska | Preempted | — |
| Nevada | No Law | Dillon Rule state; no express rent control preemption. |
| New Hampshire | Preempted | — |
| New Jersey | Active (Local) | Some cities or counties have local rent control ordinances. |
| New Mexico | Preempted | — |
| New York | Active (Local) | Some cities or counties have local rent control ordinances. |
| North Carolina | Preempted | — |
| North Dakota | Preempted | — |
| Ohio | Preempted | — |
| Oklahoma | Preempted | — |
| Oregon | Active (Statewide) | Statewide rent control rules apply. |
| Pennsylvania | No Law | Dillon Rule state; no express rent control preemption. |
| Rhode Island | No Law | Dillon Rule state; no express rent control preemption. |
| South Carolina | Preempted | — |
| South Dakota | Preempted | — |
| Tennessee | Preempted | Restrictions also apply to mandatory inclusionary zoning. |
| Texas | Preempted | Restrictions also apply to mandatory inclusionary zoning. |
| Utah | Preempted | — |
| Vermont | No Law | Dillon Rule state; no express rent control preemption. |
| Virginia | No Law | Dillon Rule state; no express rent control preemption. |
| Washington | Active (Statewide) | Statewide rent control rules apply. |
| West Virginia | No Law | Dillon Rule state; no express rent control preemption. |
| Wisconsin | Preempted | Restrictions also apply to mandatory inclusionary zoning. |
| Wyoming | No Law | No statewide rent control or express preemption. |
For a landlord or a tenant with legal issues related to rent control laws, carefully interview a potential real estate attorney to ensure they are thoroughly familiar with your particular rent control scheme.
Be sure they review the sales contracts and residential lease agreements to confirm all applicable rent control laws before trying to increase your rent.
Helpful Resources:
New York Office of Rent Administration - Rent Stabilization and Rent Control
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