Consumer Federation of California

AB 1248 seeks to protect tenants from unfair and unpredictable fees

SACRAMENTO — The Consumer Federation of California, along with California Attorney General Rob Bonta, Assemblymember Matt Haney (D-San Francisco), the California Rural Legal Assistance Foundation, and various tenant protection organizations, unveiled Assembly Bill 1248 (AB 1248) today—a bill aimed at protecting tenants from unpredictable and costly housing fees.  CFC has worked on hidden or junk fees for years, and now the pernicious nature of these fees and the negative impact they have on consumers and their pocketbooks is being widely recognized and driving important public policy changes.

“Unfair fees in the rental housing market have exploded in recent years — far too many consumers feel the crushing burden of all these unpredictable fees on a monthly basis,” said Robert Herrell, Executive Director of the Consumer Federation of California. “This bill by Assemblymember Haney will dramatically improve consumer protections so renters don’t get taken advantage of. We are proud to co-sponsor this bill with Attorney General Bonta and other leading consumer housing advocates.”

In recent years, some landlords have adopted the practice of charging separate piecemeal fees in addition to the rent, which can cost tenants hundreds of dollars more each month on top of the base rent. This practice hinders tenants’ financial stability and ability to budget for housing and other needs — and hurts landlords who do not charge these fees by putting them at a competitive disadvantage and creating an unfair marketplace. The practice of charging separate piecemeal fees has become even more rampant since the enactment of California’s Tenant Protection Act (TPA), which provides statewide rent-increase protections. AB 1248 aims to prevent landlords from unbundling housing services — many of which have traditionally been covered by rent — and then charging additional, often mandatory, fees for those services. AB 1248 makes clear that landlords cannot play games with state rent caps by charging fees that amount to shadow rent increases or advertise a deceptively low rent. By prohibiting added fees, AB 1248 will help ensure that tenants’ housing payments remain stable and predictable, and that people can compare true costs when searching for housing within their budget. 

“When landlords tack on fees on top of rent it makes it almost impossible for families to compare housing costs or plan for monthly expenses. As it stands, the scarcity and high cost of housing means California’s 17 million renters spend a significant portion of their paychecks on rent, with an estimated 150,000 people at risk of eviction any given month,” said Attorney General Rob Bonta. “The price of housing should be clear to California tenants in the same way that the cost of a concert ticket or a hotel is clear to California consumers. I thank Assemblymember Haney for introducing legislation to ensure California tenants receive the full protection afforded to them by the Tenant Protection Act. AB 1248 will help Californians’ housing payments remain straightforward, stable, and predictable.”

“Housing costs in California are already high, and added fees only make it harder for renters to budget and stay financially stable. These unfair and unpredictable costs are nothing more than a scam that drives up housing expenses and leaves tenants paying far more than they expected,” said Assemblymember Matt Haney (D-San Francisco). “AB 1248 ensures fairness by making sure the rent tenants agree to is the rent they actually pay. This bill will help protect Californians from misleading pricing practices and create a more honest and predictable rental market.”

“Low-income renters need certainty in their monthly rent payments. Most of these tenants are already severely rent-burdened and struggling to retain their housing. The exploitive practice of adding on fees after a lease has already been signed or charging for services that had previously been included in rent makes it even harder for people to stay housed,” said Brian Augusta, Legislative Advocate, California Rural Legal Assistance Foundation. “We are proud to co-sponsor this measure with the Attorney General and the Consumer Federation and thank Assemblymember Haney for authoring it.” 

The Tenant Protection Act (TPA) was signed into law by Governor Gavin Newsom in 2019. It created significant statewide protections for most tenants, including by limiting rent increases and prohibiting landlords from evicting tenants without just cause. Under the TPA, landlords cannot raise the gross rental rate more than 10% total or 5% plus the percentage change in the cost of living – whichever is lower – over a 12-month period.

Particularly since enactment of the TPA, an increasing number of landlords, including large corporate landlords, are charging tenants a proliferation of separate fees, including for services that should be and have historically been covered by the rent. For example, some landlords charge monthly fees for pest control, “trash concierge” services, and Ratio Utility Billing System (RUBS) fees where tenants are charged for a portion of the building’s utilities, like water and sewer, based on a complex formula with little transparency and that landlords can often change at any time, resulting in charges that can vary widely from month to month. These fees can add up to hundreds of dollars each month on top of rent.

By engaging in this practice, these landlords place significant burdens on tenants, including uncertainty about monthly housing costs due to variable or increasing fees, and create an unfair and confusing marketplace for prospective tenants and honest landlords — particularly small “mom and pop” landlords — who don’t engage in this deceptive pricing practice. If the combination of rent increases and new fees exceed the TPA’s rent cap, these landlords are also violating California law. 

With the number of various fee and fee increases, it may be difficult for tenants to keep track of their monthly payments. When a landlord applies a tenant’s payment to late fees or other obligations before applying it to the rent and then charges a late fee because they consider the rent to not be fully paid, it can create a spiral of rent debt for the tenant, which increases the risk of eviction for nonpayment of rent.

 AB 1248 would: 

• Require landlords to include all costs in the rent rather than charging separate fees.
• Create more predictable housing costs for existing tenants by preventing landlords from adding new fees during a tenancy.
• Require landlords to apply a tenant’s rent payment to their rent first, which will help prevent landlords from creating a debt spiral for tenants.

Text of this legislation can be found here.

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Tags: 2025 Legislation