Cal. Civ. Code § 66-35-102
Rent control by local governments prohibited — Zoning provisions — Affordable housing.
Operative Text
(a) A local governmental unit shall not enact, maintain or enforce an ordinance or resolution that would have the effect of controlling the amount of rent charged for leasing private residential or commercial property. (b) (1) Notwithstanding any provision of law to the contrary, a local government unit, or any subdivision or instrumentality thereof, shall not enact, maintain, or enforce any ordinance, resolution, regulation, rule, or other requirement of any type that: (A) Requires the direct or indirect allocation of existing or newly constructed private residential or commercial rental units to be sold or rented at below market rates; (B) Conditions any zoning change, variance, building permit, development entitlements through amendment to the zoning map, or any change in land use restrictions or requirements, on the allocation of existing or newly constructed private residential or commercial rental units to be sold or rented at below market rates; or (C) Requires a person to waive the person's constitutionally protected rights related to real property in order that the local government unit can increase the number of existing or newly constructed private residential or commercial rental units that would be available for purchase or lease at below market rates within the jurisdiction of the local government unit. (2) (A) This subsection (b) does not prohibit a local government unit from creating or implementing a purely voluntary incentive-based program designed to increase the construction or rehabilitation of workforce or affordable private residential or commercial rental units, which may include providing local tax incentives, subsidization, real property or infrastructure assistance, or any other incentive that makes construction of affordable housing more economical, so long as no power or authority granted to the local government unit to regulate zoning or land use planning is used to incentivize or leverage a person to develop, build, sell, or rent housing at below market value. (B) This subdivision (b)(2) does not preempt a voluntary attainable housing incentive program created under § 13-3-601 or § 13-4-401 that authorizes a municipality to provide incentives to property owners through zoning or land use planning to develop, build, and sell or rent attainable housing or housing at below market value. (3) Any person who suffers an ascertainable loss of money or property, real, personal, or mixed, or any other article, commodity, or thing of value wherever situated, as a result of the practices prohibited by this section, may bring an action individually to recover actual damages.
Tennessee Code Ann. § 66-35-102 prohibits local governments across the state from enacting or enforcing rent control ordinances on private residential or commercial property. The law also bars local governments from requiring landlords to set aside units at below-market rates, whether directly or as a condition of receiving zoning approvals or permits. Local governments may still create purely voluntary, incentive-based affordable housing programs—such as tax breaks or subsidies—as long as participation is not coerced through zoning or land-use authority. Any person who suffers a financial loss due to a prohibited local government practice may file a lawsuit to recover actual damages.
Plain English — not legal advice.
Under Tenn. Code Ann. § 66-35-102, property owners in Tennessee are protected from local ordinances that would cap rents or compel below-market leasing as a condition of obtaining permits, variances, or zoning changes. Compliant operators generally document any local government requirements they receive related to pricing or unit allocation and assess whether those requirements conflict with this statute's prohibitions. Landlords who believe a local government has imposed a prohibited requirement and caused them a financial loss have a private right of action to seek actual damages under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenn. Code Ann. § 66-35-102 reflects a statewide policy choice that local governments in Tennessee cannot impose rent control or mandatory below-market set-aside requirements on private rental housing. Because this law limits local rent regulation, tenants in Tennessee generally cannot rely on a local rent-control ordinance as a defense or remedy in a dispute over rent increases. Tenants seeking to understand their rights in this environment may wish to consult a tenant-rights organization or legal aid provider familiar with Tennessee housing law for general information about what protections do remain available.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 29, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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