Rent Control: The Right Way and the Wrong Way


While I generally believe that rent control is a bad idea, there are gradiations of horrible. That said, rent control done well and rent control done badly are sitting side by side right now, and the contrast is instructive.

Jersey City ties its annual cap to CPI or 4%, whichever is lower. Capital improvements at vacancy get a fixed, self-executing surcharge, $1.35 per $100 of cost up to $5,000 and $1.55 per $100 above that, no board hearing required. Spend $10,000 renovating a unit at turnover and the surcharge alone runs $145 a month, $1,740 a year, a 17.4% cash-on-cash return before any lift in market rent. An owner can underwrite that before picking up a hammer.

New York just did the opposite. On June 25, the Rent Guidelines Board voted 7 to 1 to freeze both one-year and two-year renewal leases at 0% for the first time simultaneously, effective this October. The vote came from a board six of whose nine members were appointed this year by a mayor who campaigned on a rent freeze. One owner-side member resigned that morning, saying the board's own research showed operating costs for stabilized buildings rising faster than inflation and calling the outcome predetermined. Capital improvement recovery still exists in New York through MCI and IAI increases, but those run through DHCR petition and have been narrowed repeatedly since 2019. They sit apart from the base guideline entirely, and they are slow to implement.

The difference isn't whether rent gets controlled. Both cities control it. The difference is whether cost and rent stay linked by a formula an owner can model, or get severed by a discretionary vote disconnected from the numbers the board itself collected. One system rewards the capital improvement. The other bets against it.

And that, in a nutshell, is why I own and property manage in NJ. :)

Comments? Concerns? Reach out and let me know what's on your mind.


Kahr Notes

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