Pasadena Rental Housing Board Considers Exempting Section 8 Tenants From Rent Rollback Requirement

The Pasadena Rental Housing Board (PRHB) will consider amendments to its regulations that would exempt Section 8 tenants from rent rollback requirements mandated by Measure H, a rent control initiative passed in 2022.

The Board will discuss two options at its July 24 meeting, with the Department of Housing recommending the option that would modify Chapters 5 and 8 of the PRHB regulations.

Measure H, which took effect in December 2022, imposed rent control and Just Cause eviction protections in Pasadena. However, confusion arose regarding its application to units housing Section 8 tenants.

The Board published guidance clarifying that Section 8 tenants are covered by Measure H, but this came nearly nine months after the measure became effective, potentially leading to non-compliance by landlords.ut 

Based on these factors, the Housing Department is requesting that the PRHB consider relieving property owners providing housing to Section 8 Tenants from the obligation to rollback the rent to the base rent. 

Option A would limit the exemption, allowing tenants who might benefit from rollbacks to pursue them. Option B would prohibit Section 8 tenants from filing petitions for downward rent adjustments and remove authorization to withhold rent if landlords haven’t implemented rollbacks.

In a report prepared by Goldfarb & Lipman, LLP, which provides the PHRB with legal services related to the implementation of Measure H Charter amendment, the Housing Department reported that potentially 3% of Section 8 tenants might benefit from a rollback. These are tenants paying more than 30% of their income toward rent.

However, implementing rollbacks for this small group could create significant administrative burdens for both the Housing Department and Rent Stabilization Department, according to the report.

The proposed regulations aim to align with Measure H’s goal of reducing rent burden and preventing displacement. The Section 8 program inherently protects participants from becoming rent burdened.

The Board’s decision will not impact Section 8 tenants’ rights to bring civil actions in superior court for violations of Measure H. It would only limit their administrative remedies under Article XVIII, the report said. 

This move comes as the Board recently recommended a ballot measure for November 2024 that would, if approved, exempt units with government-subsidized tenants from Measure H’s rent stabilization provisions.

The PRHB meeting begins at 6 p.m. Wednesday at the Robinson Park Recreation Center.