States With Rent Control vs Preemption — The 2026 Map

Rent control in the US is a small minority. Four states have statewide caps or state-level rent-stabilization frameworks. About 30 states actively preempt cities from enacting rent control. The remaining roughly 15 states are quiet — neither cap nor preemption — which leaves the question to local politics. The 2024 Colorado repeal of its 1981 preemption statute changed the trajectory; expect more states to follow over the next election cycle.

Statewide caps

Four jurisdictions impose statewide rent-increase limits in some form:

• California — AB 1482 (Cal. Civ. Code § 1947.12). Cap = 5% + regional CPI, max 10%. Exemptions: SFHs (individual owners), buildings <15 years old, owner-occupied duplexes/triplexes/fourplexes.
• Oregon — SB 608 + HB 2001 (ORS §§ 90.323, 90.600). Cap = 7% + regional CPI, hard ceiling of 10%. Exemption: buildings <15 years old by CofO date. 90-day notice statewide.
• New York — NY RPL § 226-c. For non-stabilized: 30/60/90 days notice based on tenancy length. NYC rent-stabilized units capped by the Rent Guidelines Board (2.75% / 5.25% for 1-year / 2-year lease in current cycle). ETPA-opt-in upstate cities (Newburgh, Kingston, Poughkeepsie) added since 2019.
• New Jersey — NJSA 2A:42-6.1. No state cap, but case law requires "reasonable" increases (typically ≤ CPI + a few points). Approximately 100 NJ municipalities have local rent control: Newark, Jersey City, Hoboken, Elizabeth, Paterson, etc.

Statewide preemption (rent control prohibited)

States that explicitly bar municipalities from enacting rent control:

• Arizona — ARS § 33-1329.
• Florida — Fla. Stat. § 125.0103.
• Georgia — HB 346 (2023).
• Idaho.
• Illinois — 50 ILCS 825 (Rent Control Preemption Act).
• Kansas.
• Michigan — MCL 123.411.
• Mississippi.
• New Mexico.
• North Carolina — NCGS § 160A-202.
• Ohio — HB 430 (2024).
• Oklahoma.
• South Carolina.
• South Dakota.
• Tennessee — TCA § 66-35-102.
• Texas.
• Utah — Utah Code §§ 10-9a-505, 17-27a-505.
• Virginia — Va. Code § 15.2-1500.
• Washington — RCW 35.21.830 (preempts most local rent control; allows procedural rules).
• Wisconsin — Wis. Stat. § 66.1015.
• Massachusetts — MGL Ch. 40P (statewide ban via 1994 ballot Question 9). Boston and Cambridge have explored just-cause ordinances since (no rent caps).

States that quietly allow local rent control (no cap, no preemption)

These states have no statewide cap AND no explicit preemption statute, so cities have adopted (or studied) their own rent control:

• Maine: Portland operates the Rent Control Ordinance (Chapter 6, Article XII).
• Maryland: Montgomery County (Right to Stable Housing Act, 2023) caps at lower of CPI + 3% or 6%. Prince George's County and Takoma Park have additional rules.
• Minnesota: St. Paul operates a rent stabilization ordinance (~3% cap with exemptions, 2021). Minneapolis voters approved a 2021 charter amendment but no operative ordinance has been adopted.
• Vermont: Burlington has municipal-level constraints.

The Colorado bellwether

In 2024, Colorado repealed its 1981 statewide rent-control preemption (HB 23-1115). The repeal does not impose a statewide cap. Instead, it returns the authority to cities. Denver, Boulder, Fort Collins, and other Colorado cities are studying ordinances. None enacted as of 2026.

Colorado's repeal is the bellwether — it's the first state in 40+ years to roll back preemption. Watch other states with active rent-control politics (Massachusetts, several Mountain West states) for similar moves over the next several legislative sessions.

Notice requirements where there's no cap

Even in non-cap states, the notice period for raising rent matters:

• Shortest: 10 days (Louisiana).
• 15 days: Utah.
• 28 days: Wisconsin (statutory minimum, often confused as 30).
• 30 days: most states for month-to-month.
• 45 days: Hawaii, Maine (going to 75 for ≥10% increases).
• 60 days: Colorado, Florida, Vermont, Washington (with enhanced language if >3%).
• 90 days: Oregon, California >10% increases.
• 30/60/90 days based on tenancy length: New York non-stabilized.

Multi-state portfolio implications

For operators running multi-state portfolios, the practical playbook:

1. Cap states (CA, OR, NY, NJ municipalities): build the cap calculation into your renewal workflow. Use the current published rate (varies by year and CPI region). Issue notice with the longest applicable window.
2. Preempted states (TX, FL, etc.): increases are market-driven. Watch tenancy length, notice period, and any local ordinance changes.
3. Quiet states (ME, MD, MN, VT, MA, CO): monitor city-level activity. Maine and Maryland already have local stabilization in specific jurisdictions; Colorado is the next likely.
4. Listings & disclosure: many cap states require specific language on the lease identifying exemption status. CA requires AB 1482 exemption notice on single-family home leases.

How Proprietio handles rent-control compliance

Proprietio's rent-increase workflow checks the property's jurisdiction against the current cap rule, applies the appropriate maximum, generates the notice with the right tier (30/60/90 days based on locale and tenancy length), and includes the required disclosure language where applicable. For New York rent-stabilized units, the workflow uses the current RGB rates (live-editable so it tracks annual changes), blocks the "decline renewal" action, and pre-fills the 90-day notice deadline.

Rent control is the area where state-default templates do the most damage. A California operator using a Texas-template increase notice creates exposure on every renewal cycle. A New York operator missing the 30/60/90 tier creates exposure on every non-renewal.

Browse all 50 state rent-increase guides for jurisdiction-specific cap, notice, and exemption rules.