Dear Attorney,

I hope this message finds you well. I am seeking clarification on the current applicability of Republic Act No. 9653, commonly known as the Rent Control Act of 2009. Specifically, I would like to know whether this law remains in effect as of today, January 8, 2025. Your expert guidance on this matter would be greatly appreciated.

Sincerely,

A Concerned Tenant

The Status and Implications of Republic Act No. 9653 (Rent Control Act of 2009) as of January 2025

Republic Act No. 9653, known as the Rent Control Act of 2009, was enacted to regulate rent increases for certain residential units in the Philippines, aiming to protect tenants from unreasonable hikes and ensure affordable housing. The Act initially covered a specific period and granted the Housing and Urban Development Coordinating Council (HUDCC) the authority to extend its effectivity as deemed necessary.

Original Provisions and Extensions

The Act became effective on July 14, 2009, with an initial regulatory period set to expire on December 31, 2013. Section 6 of RA 9653 empowered the HUDCC to extend the regulation period, adjust coverage, and set allowable rent increase limits based on prevailing economic indicators. Pursuant to this authority, the HUDCC extended the Act's effectivity multiple times:

First Extension: Until December 31, 2015.
Second Extension: Until December 31, 2017.
Third Extension: Until December 31, 2020.

These extensions were implemented to continue protecting tenants amid ongoing housing affordability concerns.

Status Post-2020

As of January 8, 2025, there is no publicly available information indicating that the HUDCC or its successor, the Department of Human Settlements and Urban Development (DHSUD), has issued further extensions or new regulations continuing the rent control measures beyond December 31, 2020. In the absence of such extensions, the specific provisions of RA 9653 would have lapsed after this date.

Implications for Tenants and Landlords

With the lapse of RA 9653's provisions, the regulation of rent increases for residential units is no longer governed by this specific law. In this context, the following implications arise:

Freedom to Negotiate: Landlords and tenants are now free to negotiate rental terms without the constraints previously imposed by the Act.
Potential for Higher Increases: Without the 7% annual cap on rent increases, landlords may propose higher adjustments, subject to market conditions and mutual agreement with tenants.
Legal Framework: General provisions of the Civil Code of the Philippines and other relevant laws continue to govern lease agreements, including stipulations on notice periods, contract termination, and dispute resolution.

Recommendations

Given the current regulatory landscape, it is advisable for both tenants and landlords to:

Review Lease Agreements: Ensure that all terms, including rent adjustments, are clearly stipulated in written contracts to prevent disputes.
Stay Informed: Monitor any announcements from the DHSUD or relevant government agencies regarding new regulations or policies affecting rental agreements.
Seek Legal Counsel: Consult with legal professionals to understand rights and obligations under the prevailing legal framework and to address any specific concerns.

Conclusion

As of January 8, 2025, Republic Act No. 9653 is no longer in effect, with its provisions having lapsed after December 31, 2020. In the absence of new regulations extending or replacing the Act, rental agreements are now primarily governed by the general provisions of Philippine law. Both landlords and tenants should exercise due diligence in negotiating and formalizing lease agreements to ensure compliance with existing legal standards and to protect their respective interests.

Note: This article is for informational purposes only and does not constitute legal advice. For specific legal concerns, it is recommended to consult with a qualified attorney.