Cal. Civ. Code § 12

  § 12. Application. 1. Whenever the commission shall find that, in any
municipality specified by the commission, (a) the percentage of
vacancies in all or any particular class of housing accommodations is
five per centum or more, or, (b) the availability of adequate rental
housing accommodations and other relevant factors are such as to make
rent control unnecessary for the purpose of eliminating speculative,
unwarranted, and abnormal increases in rents and of preventing
profiteering and speculative and other disruptive practices resulting
from abnormal market conditions caused by congestion, the controls
imposed upon rents by authority of this act in such municipality or with
respect to any particular class of housing accommodations therein shall
be abolished in the manner hereinafter provided; provided however that,
except as otherwise provided in this section, no controls shall be
abolished by the commission unless the commission shall hold a public
hearing or hearings on such proposal at which interested persons are
given a reasonable opportunity to be heard. Notice of such hearing shall
be provided by publication in a daily newspaper published or having
general circulation in the municipality affected not less than fifteen
days prior to the date of the hearing.
  2. Notwithstanding the provisions of this section or any other
provision of this act, the local governing body of a city, town or
village upon a finding that decontrol in such city, town or village is
warranted after a public hearing upon notice by publication in a daily
or weekly newspaper published or having general circulation in the city
or town not less than twenty days prior to the date of hearing, and
after notice to the commission, may adopt a resolution to decontrol all
or any specified class of housing accommodation in such city, town or
village.  Such resolution shall thereafter be filed with the division.
Upon receipt of any such resolution the controls imposed by authority of
this act shall be abolished in the city, town or village affected with
respect to housing accommodations specified in such resolution in the
manner hereinafter specified. Notwithstanding the foregoing provisions
of this paragraph, a city, town or village any portion of which is
within the limits of an area designated as a critical defense housing
area by the federal government at the time of adoption of the decontrol
resolution, shall not become decontrolled without the approval of the
commission.
  2-a. Upon the issuance of an order of decontrol or upon the filing of
a resolution resulting in decontrol of a housing accommodation pursuant
to subdivision two, such decontrol shall take place:
  (a) if the landlord and tenant execute a written lease for a term of
not less than two years wherein the landlord agrees to maintain the same
services and equipment required by this act and which provides for an
increase in the maximum rent not in excess of fifteen percent for the
first year and not more than a second five percent increase for the
second year and otherwise continues the terms and conditions of the
existing tenancy; upon the execution of such lease;
  (b) if the landlord offers the tenant a lease in accordance with the
terms provided in paragraph (a) and the tenant fails to execute such
lease, six months from the date that the commission issued the order or
the date the municipality filed the resolution, provided that the
landlord has notified the tenant in writing by certified mail that his
failure to execute the lease within thirty days of such notification
will result in the decontrol of the housing accommodation on the date
set forth therein, such date to be the expiration of such thirty days or
such six months, whichever is later; or
  (c) if the landlord does not offer the tenant a lease in accordance
with the terms provided in paragraph (a), two years from the date the
commission issued the order or the municipality filed the resolution.
  3. (a) Notwithstanding the provisions of section four or of any other
inconsistent provision of this act, housing accommodations subject to
rent control as provided for in this act on June thirtieth, nineteen
hundred fifty-five, in any city or town within the counties of
Cattaraugus, Chautauqua, Columbia, Dutchess, Erie, Fulton, Herkimer,
Montgomery, Niagara, Ontario, Oswego, Saratoga, Seneca, Steuben,
Suffolk, Ulster and Yates shall, subsequent to such date, be no longer
subject to such rent control, except as hereinafter in this subdivision
provided.
  (b) The governing body of any such city or town, as hereinafter
specified, may, and it is hereby authorized and empowered to, by
resolution duly adopted for such purpose not later than June thirtieth,
nineteen hundred fifty-five, and declaring the continuance of emergency
conditions therein, elect to be excluded from the operation of the
provisions of this subdivision providing for the termination of rent
control therein, to the extent specified in such resolution.
  In the case of any such city or town elsewhere than within the
counties of Erie and Niagara, such resolution may provide for such
exclusion with respect to all or any particular class of such housing
accommodations within such city or town; and in the case of any such
city or town within the counties of Erie or Niagara, such resolution may
provide for such exclusion with respect to all or any particular class
of such housing accommodations in such city or town, except (1) one
family houses and (2) two family houses occupied in whole or in part by
the owner.
  In the event of the adoption of such a resolution in any such city or
town, the provisions of this subdivision providing for the termination
of rent control therein shall not apply with respect to such housing
accommodations within such city or town as specified in the resolution
so adopted. Any such resolution, upon adoption, shall forthwith be
transmitted to the commission.
  (c) The governing body of any city or town elsewhere than in the
counties of Columbia, Dutchess and Erie, as hereinafter specified, with
respect to which the provisions of this subdivision providing for the
termination of rent control therein are applicable and in effect
subsequent to June thirtieth, nineteen hundred fifty-five, may, and it
is hereby authorized and empowered to, by resolution duly adopted for
such purpose at any time subsequent to such date and declaring the
existence of emergency conditions therein, request the commission to
reestablish the regulation of rents on housing accommodations therein,
to the extent specified in such resolution.
  In the case of any such city or town elsewhere than within the county
of Niagara, such resolution may request such reestablishment with
respect to all or any particular class of such housing accommodations in
such city or town; and in the case of any such city or town within the
county of Niagara, such resolution may request such reestablishment with
respect to all or any particular class of such housing accommodations in
such city or town, except (1) one family houses and (2) two family
houses occupied in whole or in part by the owner.
  Any such resolution, upon adoption, shall forthwith be transmitted to
the commission. Upon receipt of such resolution, the commission shall by
regulation or order reestablish the same maximum rents for such housing
accommodations within such city or town specified in such resolution as
last previously established by the commission and in force and effect
therein immediately prior to decontrol pursuant to this subdivision. Any
such regulation or order shall take effect on the date specified in such
resolution, and thereafter such maximum rents shall be and continue in
force and effect as to such housing accommodations within such city or
town until changed or abolished in accordance with the applicable
provisions of this act, and all the provisions of this act applying
generally with respect to maximum rents on such housing accommodations
shall apply with respect thereto within such city or town.
  (d) Notwithstanding the provisions of section four or of any other
inconsistent provision of this act, housing accommodations subject to
rent control as provided for in this act on June thirtieth, nineteen
hundred fifty-seven, in any city or town within the counties of
Columbia, Dutchess or Erie shall, subsequent to such date, be no longer
subject to such rent control, except as hereinafter in this subdivision
provided.
  The governing body of any such city or town, as hereinbefore or
hereinafter specified, may, and it is hereby authorized and empowered
to, by resolution adopted for such purpose not later than June
thirtieth, nineteen hundred fifty-seven, and declaring the continuance
of emergency conditions therein, elect to be excluded from the operation
of the provisions of this paragraph (d) providing for the termination of
rent control therein, to the extent specified in such resolution. Such
resolution may provide for such exclusion with respect to all or any
particular class of housing accommodations subject to such rent control
within such city or town. In the event of the adoption of such a
resolution in any such city or town, the provisions of this paragraph
(d) providing for the termination of rent control therein shall not
apply with respect to such housing accommodations within such city or
town as specified in the resolution so adopted. Any such resolution,
upon adoption, shall forthwith be transmitted to the commission.
  4. (a) Notwithstanding any inconsistent provision of this act, the
local governing body of any city or town within the county of Monroe,
the county of Oneida, the county of Onondaga or the county of
Schenectady wherein housing accommodations are or shall be subject to
rent control as provided for in this act, by resolution duly adopted for
such purpose not later than June thirtieth, nineteen hundred fifty-five,
may, and it is hereby authorized and empowered to, elect that the
provisions of paragraph (j) of subdivision two of section two hereof
excepting housing accommodations in one family houses, and in two family
houses occupied in whole or in part by the owner thereof, in such
counties from the classifications of housing accommodations subject to
rent control shall not apply in such city or town; and in the event of
the adoption of such a resolution in any such city or town, such housing
accommodations specified in such subdivision within such city or town
shall continue to be subject to rent control. Any such resolution, upon
adoption, shall forthwith be transmitted to the commission.
  (b) Notwithstanding any inconsistent provision of this act, the local
governing body of any city or town within the county of Monroe, the
county of Oneida or the county of Schenectady wherein housing
accommodations are or shall be subject to rent control as provided in
this act, and wherein the provisions of paragraph (j) of subdivision two
of section two hereof excepting housing accommodations in one family
houses, and in two family houses occupied in whole or in part by the
owner thereof, in such city or town, from the classifications of housing
accommodations subject to rent control are in force and effect
subsequent to June thirtieth, nineteen hundred fifty-five, by resolution
duly adopted for such purpose at any time subsequent to such date, may,
and it is hereby authorized and empowered to, request the commission to
reestablish the regulation of rents on such housing accommodations
therein.
  Any such resolution, upon adoption, shall forthwith be transmitted to
the commission. Upon receipt of such resolution, the commission shall by
regulation or order reestablish the same maximum rents for such housing
accommodations within such city or town as last previously established
by the commission and in force and effect therein immediately prior to
decontrol pursuant to the provisions of paragraph (j) of subdivision two
of section two hereof. Any such regulation or order shall take effect on
the date specified in such resolution, and thereafter such maximum rents
shall be and continue in force and effect as to such housing
accommodations within such city or town until changed or abolished in
accordance with the applicable provisions of this act, and all the
provisions of this act applying generally with respect to maximum rents
on such housing accommodations shall apply with respect thereto within
such city or town.
  5. Notwithstanding any inconsistent provision of this act, the local
governing body of any city or town other than the city of New York,
wherein housing accommodations are or shall be subject to rent control
as provided for in this act, by resolution duly adopted for such purpose
not later than June thirtieth, nineteen hundred fifty-seven, may, and it
is hereby authorized and empowered to, elect that the provisions of
paragraph (k) of subdivision two of section two hereof excepting housing
accommodations, other than housing accommodations used as boarding
houses or rooming houses in the county of Westchester which are or
become vacant therein from the classifications of housing accommodations
subject to rent control shall not apply in such city or town; and in the
event of the adoption of such a resolution in any such city, or town,
such housing accommodations specified in such subdivision within such
city or town shall continue to be subject to rent control in like manner
as before. Any such resolution, upon adoption, shall forthwith be
transmitted to the commission.
  6. Notwithstanding any inconsistent provision of this act, the local
governing body of the city of Albany, by resolution duly adopted for
such purpose not later than June thirtieth, nineteen hundred sixty-five,
determining the existence of a public emergency requiring the regulation
and control of residential rents and evictions within such city, which
determination shall follow a survey which such city shall have caused to
be made of the supply of housing accommodations within such city, the
condition of such accommodations and the need for re-establishing the
regulation and control of residential rents and evictions within such
city, may, and it is hereby authorized and empowered to request the
commission to re-establish the regulations of rents with respect to all
or any particular class of housing accommodations in the city of Albany,
to the extent specified in such resolution.
  Any such resolution, upon adoption, shall forthwith be transmitted to
the commission. Upon receipt of such resolution, the commission shall
forthwith by regulation or order fix as the maximum rents therefor the
rents which were lawfully chargeable therefor on April first, nineteen
hundred sixty-two, in accordance with the request contained in such
resolution. Any such regulation or order recontrolling rents shall take
effect on the date specified in such resolution, and thereafter the
maximum rents established thereby shall be and continue in force and
effect as to such housing accommodations within such city until changed
or abolished in accordance with the applicable provisions of this act
and the regulations adopted thereunder, and all the provisions of this
act applying generally with respect to maximum rents on such housing
accommodations and evictions therefrom shall apply with respect thereto
within such city.
  7. Notwithstanding any inconsistent provision of this act, the local
governing body of the city of Mount Vernon, by resolution duly adopted
for such purpose not later than sixty days after the effective date of
this subdivision, determining the existence of a public emergency
requiring the regulation and control of residential rents and evictions
within such city and the need for re-establishing the regulation and
control of residential rents and evictions within such city for housing
accommodations subject to the provisions of this act on the first day of
June, nineteen hundred eighty-three, may, and it is hereby authorized
and empowered to request the division of housing and community renewal
to re-establish the regulations of rents with respect to such housing
accommodations in the city of Mount Vernon, to the extent specified in
such resolution.
  Any such resolution, upon adoption, shall forthwith be transmitted to
the division of housing and community renewal. Upon receipt of such
resolution, the division of housing and community renewal shall
forthwith by regulation or order fix as the maximum rents therefor the
rents which were lawfully chargeable therefor on June first, nineteen
hundred eighty-three, in accordance with the request contained in such
resolution. Any such regulation or order recontrolling rents shall be
deemed to have been in full force and effect on and after the first day
of June, nineteen hundred eighty-three, and thereafter the maximum rents
established thereby shall be and continue in force and effect as to such
housing accommodations within such city until changed or abolished in
accordance with the applicable provisions of this act and the
regulations adopted thereunder, and all the provisions of this act
applying generally with respect to maximum rents on such housing
accommodations and evictions therefrom shall apply with respect thereto
within such city.