Unless your rental unit falls under a category listed as exempt in by the Rent Stabilization Ordinance, it is protected by the RSO.  This includes to any building or part of a building that is provided as a dwelling place in exchange for rent, even if it is not a legal rental unit.  The list of categories of rental units that are exempt from the RSO may be found in Section 11-1.08 of the Rent Stabilization Ordinance and the Antioch Municipal Code and are discussed in another FAQ, below.

As a general rule of thumb based on the two most common exemptions, if a rental unit was built before 1995 and is on the same property as another residence (such as an apartment in an apartment complex or a duplex or triplex), the RSO probably applies.  If a rental unit was built after 1995, or the rental unit could be sold separately from any other residence, the RSO probably does not apply.

More specifically, the RSO does not apply to any unit that first received a certificate of occupancy for the first time after February 1, 1995. This exemption would include an accessory dwelling unit that was certified for occupancy after this date. The RSO also does not apply to any unit that can be sold separately from any other unit. This exemption would include a single family home that was certified for occupancy before 1995.  On the other hand, if an accessory dwelling unit was constructed on the property of single family home that was certified for occupancy before 1995, the single family home, if rented, would be subject to the RSO unless one of the other narrow exemptions applies. Whether the accessory dwelling unit in this example is subject to the RSO will depend on when the certificate of occupancy was issued.

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