Pre-1978 vs. Post-1995 LA Multifamily — The Structural Divergence

The single most consequential date in LA multifamily investing is not on any particular deal's timeline. It is 1978 — the year that became the dividing line for LA City RSO coverage. And 1995, the year Costa-Hawkins carved out everything newer than that from most local rent control. Those two dates define which building you own, which buyer wants it, which regulations apply to it, and how it will trade for the next ten years. Two buildings on the same block with a twenty-year age gap are not comparable investments. Most sellers still haven't fully absorbed how much that matters.

What the divide actually creates

Pre-1978 LA City multifamily is subject to LA City RSO, including the December 2025 rewrite effective July 2026. Rent increases are capped by municipal formula. Tenant protections are extensive. Just-cause eviction requirements apply. Capital improvement pass-throughs are constrained and defined. The in-place-to-market rent gap on long-tenured buildings is typically wide and cannot be closed through allowable increases alone.

Post-1995 LA City multifamily is exempt from LA City RSO under the Costa-Hawkins Rental Housing Act. Local rent control does not apply. AB 1482 — California's statewide backstop — provides the floor of tenant protection: currently a 5% plus CPI cap on annual increases (with specific exemptions), just-cause eviction requirements for most inventory. The constraints are real, but materially looser than pre-1978 LA City RSO.

The pricing divergence

The two asset classes are trading at meaningfully different yield profiles. Pre-1978 inventory prices in the RSO constraint as part of the underwriting discount. Post-1995 inventory prices without that discount. The gap between the two has been widening since 2020 and widens further with each tightening of LA City pre-1978 regulation. On two otherwise-comparable buildings in the same submarket — similar size, similar condition, similar buyer pool — the post-1995 building will trade at a lower cap rate (higher price on same NOI) than the pre-1978 building. The magnitude of the gap varies by submarket and by current buyer pool composition, but the gap is structural and persistent.

Why the divergence is accelerating in 2026

The December 2025 RSO rewrite is the specific 2026 catalyst. Lower allowable annual increase, eliminated utility and dependent-occupant bumps, reshaped NOI growth trajectory for every pre-1978 LA City building. The post-1995 inventory is untouched. Sellers pricing pre-1978 LA City in 2026 are pricing against a cost of capital that reflects the new constraint. Sellers pricing post-1995 LA City in 2026 are pricing into the strongest institutional bidding environment in three years.

The Costa-Hawkins question

One structural caveat. Costa-Hawkins — the 1995 state law that exempts post-1995 construction from local rent control — has survived three statewide repeal attempts, including the failed Prop 33 in November 2024. It is likely to face another repeal attempt within the next cycle. A successful Costa-Hawkins repeal would fundamentally reshape the post-1995 advantage. The pricing premium post-1995 currently enjoys rests on the continued existence of that statute. This is the quiet load-bearing risk under the post-1995 premium. For sellers, the risk is real but not immediate. Three prior repeal attempts have failed. No fourth attempt is on the 2026 ballot. Planning horizons of 2-to-5 years treat Costa-Hawkins as effectively permanent. Planning horizons of 10+ years need to factor the statute risk.

Who buys pre-1978

The pre-1978 buyer pool in 2026 is disciplined, selective, and smaller than it was in 2022. Local operators willing to take RSO-constrained product at the right price. Selective institutional buyers who specialize in pre-1978 repositioning strategies. 1031 exchangers with specific tax-basis reasons for accepting the pre-1978 profile. Family offices with multi-generational holdings. These buyers are present. They are not absent. They are just pricing differently than they did before the rewrite.

Who buys post-1995

The post-1995 buyer pool in 2026 is deep, competitive, and well-capitalized. Institutional private equity on value-add and stabilized. REITs on the larger assets. 1031 exchangers who favor the Costa-Hawkins exemption. High-net-worth individual buyers on the smaller coastal-adjacent product. Institutional capital specifically came back for this product in 2025 and is aggressive in 2026.

What this means for a seller

If you own pre-1978 LA City and your hold horizon is under five years, the repricing window from the RSO rewrite is still open through 2026. Sellers who transact in 2026 are meeting stronger offers than sellers who wait for the absorption to complete. If you own post-1995 LA City, the bidding environment is the strongest in three years and the specific catalyst that might change it — Costa-Hawkins repeal — is not on the immediate horizon but is the known long-term risk. If you own a non-LA-City submarket (Glendale, Burbank, Pasadena, LA County unincorporated), the pre-1978/post-1995 framework applies differently — those cities have their own rent regimes, and the structural divergence is shaped by local ordinances rather than LA City RSO.

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Michael Sterman is Senior Managing Director Investments at Marcus & Millichap. He operates across both pre-1978 and post-1995 LA multifamily, and treats them as two distinct asset classes.

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