Virginia Legislation Would Define Raising Rent to Keep Pace with Inflation as ‘Rent Gouging’

from the Liberty Unyielding blog

Raising rent to keep up with inflation isn’t what most people would consider “rent gouging,” even when the landlord has to increase rent by more than 7%. For example, Washington, DC’s rent control board allowed landlords to raise rents on most tenants 8.9% in 2023, to compensate for the 6.9% inflation in Washington, DC that occurred in the previous year. But pending bills in Virginia’s legislature would allow local governments to adopt “anti-rent gouging” ordinances, that would define raising rent by more than the lesser of 7%, or inflation, as illegal “rent gouging.”

The legislation states that once a local government has adopted “anti-rent gouging provisions,” it “shall prohibit any rent increase … of more than the locality’s annual anti-rent gouging allowance,” defined as the “percentage increase in the Consumer Price Index...or seven percent, whichever is less.” So if inflation is 8% — as it was nationally in 2022 — the landlord can only raise rent by 7%, at most. And the landlord might not be allowed any inflation adjustment at all, because under the legislation, a local government “may” — not must — “allow rent increases” to compensate for inflation.

So landlords will become poorer and poorer due to inflation under the ordinances authorized by the legislation.

This seems unfair. Why shouldn’t landlords be able to raise rent to keep pace with inflation? Most tenants get pay raises or cost-of-living increases to compensate for inflation. American workers’ wages grew faster than inflation in most of the past decade, and over the cumulative ten-year period. Federal workers commonly get pay raises to offset inflation. Retirees get annual increases in their social security payments based on cost-of-living adjustments. With their increased wages, tenants should be able to pay rent that rises with inflation. But under the legislation, they could avoid doing so, and pay less than the market rate.

Effectively, this legislation would allow local governments to adopt very harsh rent control. Currently, Virginia does not have any rent control laws, either at the local government level, or at the state level. Like most states, Virginia has viewed rent control as a bad idea. Thirty-three states preempt local governments from adopting rent regulation laws.

But this legislation — which is pending in both houses of Virginia’s legislature as HB 721 and SB 366 — would for the first time give local governments in Virginia the power to impose rent control.

Economists oppose rent control because it makes it more difficult for people to find decent housing in the long run. In a 1992 poll, 93 percent of them said rent control reduces the quantity and quality of housing available. As The Wall Street Journal observes, “If there’s any consensus in economics, it’s that rent control achieves the opposite of its intended goal. It leads to housing shortages by discouraging new development and maintenance of existing properties.”

Even left-leaning economists mostly think rent control is stupid: the Swedish economics professor Assar Lindbeck, a Social Democrat, said, “rent control appears to be the most efficient technique presently known to destroy a city—except for bombing.” Similarly, the liberal Washington Post explains, “Rent-control laws can be good for some privileged beneficiaries, who are often not the people who really need help. But they are bad for many others.” For example, after San Francisco imposed rent control, “landlords responded by converting their buildings into condos they could sell or business properties they could lease without rent-control restrictions — or by demolishing their old buildings and replacing them with new ones” not subject to rent control. Moreover, “landlords have less incentive to maintain their properties in a rent-controlled environment,” reducing housing quality. “And since rent-stabilization policies often tend to discourage people from moving, they harm worker mobility and the economic dynamism associated with it.” These observations were made by the Democratic-leaning editorial board of The Washington Post, which has not endorsed a Republican for president since 1952.

Rent control also reduces the quality of housing over time. As the liberal Brookings Institution notes, “Rent control can also lead to decay of the rental housing stock; landlords may not invest in maintenance because they can’t recoup these investment by raising rents.”

When landlords can’t raise rents to pay for repairs and renovations, they may let apartment buildings decay. After New York limited rent increases to pay for major capital improvements to 2 percent, landlords cut back on such improvements. A survey of rent-stabilized landlords found that when rent increases were curbed,

Three out of four reported cutting back on essential building-wide repairs, such as a roof or boiler replacement, since the rent law passed. Nearly 90 percent said they had forgone kitchen or bathroom renovations. Just over half decided against revamping their buildings’ security systems to include cameras or video intercoms or adding storage lockers for deliveries to thwart porch pirates. Efficiency upgrades have also been pushed to the back burner. Over 40 percent of respondents said they would not replace lighting with LED fixtures that use 90 percent less energy — a budget saver for tenants. A quarter said they opted against installing fuel computers, which better regulate heat and hot water systems and reduce a building’s energy consumption.

Rent control reduces the value of housing stock, shrinking the property tax revenue that funds schools and local governments. “Researchers at the University of Southern California said rent control hurt property values in St. Paul, Minn. by $1.6 billion,” reported Market Watch.

In some states, cities and counties already have the power to adopt rent control if they wish, even without the state legislature specifically giving them that power. But that is not yet the case in Virginia. It has a strong “Dillon Rule” that prevents localities from regulating rents, prices, or wages without a grant of authority from the state legislature. That rule prevents the development of a harmful and confusing patchwork quilt of regulation that varies from city to city and county to county. The Dillon Rule promotes freedom of contract, helps Virginia attract businesses and jobs, and helps explain why Virginia has one of America’s better business climates.

Republished with permission from the Liberty Unyielding blog.

 


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25 responses to “Virginia Legislation Would Define Raising Rent to Keep Pace with Inflation as ‘Rent Gouging’”

  1. Rent control has never worked, and never will. Landlords will sell, the supply of rental housing will decrease, and renters will suffer.

    1. Not Today Avatar

      You know when people stop clammoring for rent control? When the housing pool is adequate and landlords aren’t jerks. Kinda like the employee ‘shortage’. When you’ve the right leaders offering fair compensation, people willingly follow.

  2. Paul Sweet Avatar
    Paul Sweet

    Another expense for landlords I haven’t seen mentioned is that many commercial mortgages are for short terms (5 years or so) with a balloon payment due at the end, so the property owner has to refinance at the rates in effect at renewal time. This will really clobber a lot of owners whose last refinancing was at the bargain rates of a couple years ago.

  3. As the Great Nuclear Cowboy said, “We’re from the government and we’re here to help.”

    RESULT of Unintended Consequences: turn the apartments into condos and sell to the well off middle class, thus throwing the tenants into the streets; or tear the buildings down and put up solar panels.

    1. James Kiser Avatar
      James Kiser

      It is what happened in Arlington County.

  4. As the Great Nuclear Cowboy said, “We’re from the government and we’re here to help.”

    RESULT of Unintended Consequences: turn the apartments into condos and sell to the well off middle class, thus throwing the tenants into the streets; or tear the buildings down and put up solar panels.

  5. Stephen Haner Avatar
    Stephen Haner

    What part of “elections have consequences” and “these are not your father’s Democrats” did voters not understand? Sadly, I assume they did understand. Too late to hide behind the Dillon Rule now. Rent control will be an easy vote for any city council (and plenty of county boards of supervisors) once that impediment is down.

  6. f/k/a_tmtfairfax Avatar
    f/k/a_tmtfairfax

    Convert your multi-family buildings into condos. For those dwellings left in the rental market, reduce maintenance to just what is absolutely necessary.

    1. James Kiser Avatar
      James Kiser

      Said maintenance thanks to Biden is hard to get in a timely fashion and expensive.

  7. Nancy Naive Avatar
    Nancy Naive

    When you start from a position of gouging then, yes, indexing rents is perpetuating gouging.

    1. Assuming the average landlord really is starting from a position of gouging, which I am not convinced is the case.

    2. Assuming the average landlord really is starting from a position of gouging, which I am not convinced is the case.

      1. Not Today Avatar

        As a rental property owner who purchased at >3.5%, yes, current rents are largely price gouging. Anyone who bought before 2020 had access to sub 3% interest via refinancing. My own home mortgate is at 2.5 and worth twice what we paid less than a decade ago. I could charge 200% of my 15y loan payment for a home bought in 2020 and be right at market rent. That is NOT what I charge.

      2. Not Today Avatar

        As a rental property owner who purchased at >3.5%, yes, current rents are largely price gouging. Anyone who bought before 2020 had access to sub 3% interest purchase/refinancing rates. My own home mortgage is >2.5% and worth twice what we paid less than a decade ago. I could charge 200% of my 15y loan payment for a home bought in 2020 and be right at market rent. That is NOT what I charge.

        1. James Kiser Avatar
          James Kiser

          Your choice, not forced on you by the socialists.

          1. Not Today Avatar

            Not forced on me, ever. Landlords in social DEMOCRACIES make money too. Shocking, I know.

    3. LesGabriel Avatar
      LesGabriel

      Define “gouging”. Both Wikipedia and the Harvard Business School use the word “unfair” in their definitions. While we all kind of understand what that means, it is hard to come up with a legal definition or one that most people would agree with in a given situation. Whenever there is disruption to the normal supply and demand caused for example by a natural disaster, the natural response of governments is to override the free market by controlling prices, which in turn requires them to regulate or prohibit sales between willing sellers and buyers. Such regulations bring up their own questions of fairness.

        1. LesGabriel Avatar
          LesGabriel

          Sorry. Does this have anything to do with the definition of “gouging”?

          1. Not Today Avatar

            The mortgage rates of the last 10 years have EVERYTHING to do with gouging. Investors/landlords have refi’d and/or paid off their mortgages on the backs of renters. I’m in those forums and I see how they talk, the things they try to charge, the contempt they show tenants. It’s awful.

          2. Not Today Avatar

            The mortgage rates of the last 10 years have EVERYTHING to do with gouging. Investors/landlords have refi’d and/or paid off their mortgages on the backs of renters. I’m in those forums and I see how they talk, the things they try to charge, the contempt they show tenants. It’s awful.

          3. Not Today Avatar

            The mortgage rates of the last 10 years have EVERYTHING to do with gouging. Investors/landlords have refi’d and/or paid off their mortgages on the backs of renters. I’m in those forums and I see how they talk, the things they try to charge, the contempt they show tenants. It’s awful.

  8. Turbocohen Avatar
    Turbocohen

    Rent Control kills the incentive to voluntarily modernize and update property, and leads to property decay. Tenant who lock in on rent-controlled apartment typically choose not to move in the future and give up rent control prices, even when housing needs change, leading to a glut of empty nest households living in family-sized apartments and young families crammed into undersized shit holes.

    1. Not Today Avatar

      Nope. I will always improve and modernize because it allows me to be picky about who lives in my homes/whose leases I renew. Be a jackass and find yourself out on it, with a smile, of course. I’m a happy warrior. I operate in a state where landlords are generally jerks because there are no habitability requirements. Believe it or not, this is STILL a thing in many parts of the country.

      Word gets around about me and I never experience long vacancies. In over 10 years, the longest was 45 days and that was a sale. Rent control just means limit, it doesn’t mean no profit. It depends on where the line (% profit or over income limits) is set. I don’t know a single landlord operating at a loss that isn’t renting to family or someone they can’t/won’t remove, usually b/c they’re unwilling to hire an attorney and follow eviction rules. Some people are incapable of following rules. Everyone else? Puh-lease.

  9. James Kiser Avatar
    James Kiser

    Because democrats are socialists and what you have belongs to them.

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