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choose at the commencement of a tenancy."5 This is known among housing law specialists as "vacancy decontrol."6 A rent freeze would be a form of rent control, but of limited duration and applicability such that it would not continue to regulate rents of non-RSO units after the emergency. Landlords eligible to impose unregulated rent increases will be able to do so after the emergency has been resolved. Moreover, once the temporary rent freeze is over, landlords will be free to set the rent at whatever rate they want for any new tenant. Furthermore, because of the Judicial Council rule, no tenant who has been impacted by COVID-19 will have to leave their home during the emergency. This means that there will be virtually no vacancies or new tenancies during the period covered by the proposed rent suspension that would implicate Costa -Hawkins' requirement for vacancy decontrol. Therefore, the City Attorney should carefully consider whether the proposed rent freeze is not the "strictest type of rent control" that Costa -Hawkins aimed to prevent and might not conflict with the right to vacancy decontrol that Costa -Hawkins provides to landlords. Given the unprecedented emergency, the City's broad emergency powers, and the temporary nature of a rent freeze, the City Council should do everything in its power to expand a rent freeze to non-RSO units. To the extent that Mayoral action is needed, the City Council should indicate its support for such action with an ordinance or resolution to expand a temporary rent freeze. The City should pass a resolution to support a legislative or administrative action by the Governor of California or the State Legislature that will suspend or lift the Costa Hawkins Rental Housing Act provisions during the emergency period to allow local governments to enact rent increase moratoriums COVID-19 requires that governments at the local, county, state, and federal levels consider policies that ensure the protection of public health. Suspending Costa -Hawkins for at least the duration of the emergency period are steps to navigate and manage the fallout of the pandemic that is already occurring. Extending rent control measures provides opportunity to moderate the severe economic impacts of the pandemic. Dianne Prado, Esq. Executive Director s Mak v. City of Berkeley Rent Stabilization Bd., (2015) 240 Cal.App.4th 60, 68 (citing Action Apartment Assn., Inc. v. City of Santa Monica (2007) 41 Cal. 4th 1232, 1237). 6 Action Apartment Assn., Inc. v. City of Santa Monica (2007) 41 Cal. 4th 1232, 1237. 3612 110, AVENUE, LOS ANGELES, CA 90018 • TEL: (323) 643-4430• W W W.HEARTLA.ORG Protecting People, Pets, &their Homes