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Updated over 1 year ago on . Most recent reply

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843
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Tony Kim
  • Rental Property Investor
  • Los Angeles
1,013
Votes |
843
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Rents below market due to rent control or not increasing rent

Tony Kim
  • Rental Property Investor
  • Los Angeles
Posted

Hello,

Sorry if this has been posted before, but I wasn't able to find anything while searching for an admittedly short period of time.

If I rented a SFR that is currently below fair market due to rising rent and the fact that I haven't raised rent for a good amount of time (around 7 years), will the IRS consider that failing to rent at fair market value? When the lease began, the rental amount was only a few hundred below market. Now it's around a thousand below market. (asking for a friend, not me)

I also have several units that I am renting to Section 8 tenants which were at the max payment standard when the lease started, but are now several hundred dollars below the max payment standard. Started the units around $1,500 but now the payment standard for the same unit is around $2,300, thanks to the City of LA dramatically increasing the amounts on their vouchers and me simply not being able to increase rents due to rent control, Covid causing the Section 8 program to not respond to any of my rental increase requests.

And finally, I have an additional 4 unit, each tenant paying below market rent, but these were inherited tenants. I've implemented a few increases, but still they are subject to rent control and I had a skip a few years due to Covid restrictions. Does the IRS consider these below market rent and thereby losing the tax benefits of a rental?

Thanks!

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