How Lenders View Rent-Controlled Leases During Underwriting
Lenders see a significant challenge with rent-controlled properties when underwriting a Debt Service Coverage Ratio (DSCR) loan. The core of a DSCR loan is a simple calculation: Gross Monthly Rent / Total Monthly Housing Expense (PITI). Lenders typically require a ratio of 1.0x to 1.25x, meaning the rent must, at a minimum, cover the mortgage principal, interest, taxes, and insurance. The data, information, or policy mentioned here may vary over time.
The problem is that a long-term, rent-controlled lease creates an artificially low 'Gross Monthly Rent'. The property's value and its corresponding mortgage payment are based on today's market, but the income is stuck in the past. This mismatch almost always results in a failed DSCR test.
A Real-World Los Angeles Example
Let's imagine you want to buy a duplex in a rent-controlled area of Los Angeles for $1,200,000. With a 25% down payment, your loan amount is $900,000.
- Purchase Price: $1,200,000
- Loan Amount: $900,000
- Estimated Monthly PITI: $6,800
One unit is occupied by a tenant who has lived there for 20 years and pays $1,500 per month. The other unit is vacant and can be rented for the market rate of $3,500.
- Actual Gross Monthly Rent: $1,500 + $3,500 = $5,000
- DSCR Calculation: $5,000 / $6,800 = 0.735x
Under standard guidelines, this loan would be instantly denied. The property's actual income doesn't come close to covering its debt service. This is the frustrating barrier many California investors face, but it’s not the end of the road.
What Is a 'Pro-Forma Rent Schedule' and How Is It Used?
A 'pro-forma rent schedule' is the key to unlocking financing for these properties. It’s a professional assessment of a property's potential income based on current, open-market rental rates, ignoring any artificially low, in-place leases. This schedule is not just a guess; it's a formal document prepared by a licensed appraiser as part of a full property appraisal.
This document is often referred to as a Comparable Rent Schedule (Form 1007) for single-family homes or an Operating Income Statement (Form 216) for multi-unit properties. The appraiser analyzes recent rental listings and contracts for comparable properties in the immediate neighborhood to determine a fair market rent for each unit.
Revisiting the Los Angeles Example with Pro-Forma Rents
Using the same property, the appraiser determines that the market rent for the occupied unit is not $1,500, but $3,500, just like the vacant unit.
- Pro-Forma Gross Monthly Rent: $3,500 (Unit 1) + $3,500 (Unit 2) = $7,000
- New DSCR Calculation: $7,000 / $6,800 = 1.03x
With a DSCR of 1.03x, the loan now meets the minimum requirement for many specialized DSCR lenders. By substituting the actual rent with the potential market rent, the loan becomes viable. The lender recognizes the property's underlying asset value and income potential, not just its current, suppressed cash flow.
Can a Broker Price Opinion Be Used to Justify Market Rents?
No, a Broker Price Opinion (BPO) is generally not sufficient to justify market rents for underwriting a DSCR loan. While a BPO can provide a quick estimate of a property's sale value, it lacks the detailed, standardized analysis required for rental income verification.
Lenders require a full appraisal completed by a licensed appraiser. The appraisal report, which includes the crucial Comparable Rent Schedule (Form 1007), is the official document that validates the pro-forma income. Appraisers are held to strict standards and must provide documented evidence of comparable rentals to support their conclusions. A BPO from a real estate agent does not carry the same weight and will not be accepted by underwriters as a substitute for a formal appraisal.
Which Lenders Specialize in Rent-Controlled Investment Properties?
Major retail banks and traditional lenders often avoid the complexity of rent-controlled properties. Their underwriting systems are rigid and typically only consider the current, in-place leases. Attempting to get a loan from them for a property with a failing DSCR based on actual rents is usually a dead end.
The lenders that excel in this space are non-QM (Non-Qualified Mortgage) lenders. These lenders operate outside the strict regulations of conventional loans and have the flexibility to use common-sense underwriting.
Your best path to finding these lenders is through an experienced mortgage broker. A broker specializing in investment properties will have established relationships with dozens of non-QM lenders, each with slightly different guidelines. They know which lenders are comfortable with California's rent-control laws and are willing to underwrite loans based on pro-forma market rents.
Does a Tenant's Payment History Impact the Loan Decision?
A tenant's payment history has a limited and indirect impact on a DSCR loan decision. Because the primary focus is on the property's income potential (the pro-forma rent), the current tenant's personal payment habits are not a primary underwriting factor.
That said, a history of late payments or eviction proceedings, if discovered, could be a red flag for the underwriter. It might suggest potential difficulties in managing the property. Conversely, a perfect payment history from the tenant is a positive but will not salvage a loan application if the DSCR calculation doesn't work. The approval hinges on the appraiser's market rent schedule, not the tenant's ledger.
How Do Local Ordinances in Oakland Affect DSCR Loan Approval?
Local ordinances in cities with strong tenant protections, like Oakland, San Francisco, and Los Angeles, absolutely affect DSCR loan approval. While a lender may agree to use pro-forma rents, they are keenly aware of the legal hurdles and timelines involved in ever realizing that market-rate income. Ordinances covering 'just cause' eviction, relocation assistance, and allowable rent increases mean the lender assumes the low-paying tenant could remain for years.
To mitigate this long-term risk, a lender underwriting a property in a strict city like Oakland might:
- Require a Higher DSCR: Instead of a 1.0x minimum, they might ask for a 1.10x or 1.15x ratio based on pro-forma rents. The data, information, or policy mentioned here may vary over time.
- Increase the Down Payment: They may require a 30% or 35% down payment instead of the standard 25% to ensure you have more equity in the property. The data, information, or policy mentioned here may vary over time.
- Scrutinize the Appraisal: The underwriter will pay extra attention to the appraiser’s comparable rent selections to ensure the pro-forma income is realistic and defensible.
Lenders who specialize in California real estate understand this landscape. They price the risk into their loan offers but don't outright deny the opportunity.
Can I Use This Strategy for a Cash-Out Refinance?
Yes, absolutely. Using pro-forma rents is a powerful and common strategy for a cash-out refinance on a rent-controlled property. Many long-term investors find themselves 'equity rich but cash poor'. They own a valuable asset, but its monthly income is minimal due to decades-old leases.
A San Francisco Refinance Example
Consider an investor who owns a duplex in San Francisco that they bought 25 years ago. The property is now worth $2 million, with no mortgage.
- Property Value: $2,000,000
- Current Rent Income: $2,500 total ($1,250 per unit)
- Pro-Forma Market Rent: $8,000 total ($4,000 per unit)
The owner wants to pull out $500,000 in cash to fund another investment. The PITI on a new $500,000 loan would be approximately $3,800 per month.
- DSCR with Actual Rents: $2,500 / $3,800 = 0.65x (Loan Denied)
- DSCR with Pro-Forma Rents: $8,000 / $3,800 = 2.10x (Loan Approved)
By using the market rent schedule from a new appraisal, the investor can easily qualify for the cash-out refinance. This allows them to leverage the dormant equity in their property without having to sell it or displace their long-term tenants. If you're considering a rent-controlled property in California, the standard rules don't always apply. Partnering with a mortgage expert who understands these unique financing strategies can be the difference between a missed opportunity and a successful investment. A specialist can connect you with the right non-QM lenders who see the potential in your deal.
Don't let a rent-controlled lease stop your investment goals. Our team specializes in DSCR loans using pro-forma rents to unlock your property's true potential. To see how these strategies can work for your specific scenario, Apply now and get a clear analysis from an expert.
Author Bio
David Ghazaryan is the expert mortgage strategist and founder behind iQRATE Mortgages. With a mission to fund home loans that traditional banks won't touch, David specializes in helping clients with unique financial situations, including those recovering from foreclosure or bankruptcy. He expertly crafts smart, strategic, and stress-free mortgages by leveraging a vast network of over 100 lenders to secure competitive rates for investors and homebuyers alike. Praised for exceptional customer service, David has helped hundreds of families with a 97% satisfaction rate, guiding them to the mortgage they deserve.
References
Fannie Mae: Single-Family Comparable Rent Schedule (Form 1007)
Consumer Financial Protection Bureau (CFPB): What is a Debt-to-Income Ratio?
California Tenants: A Guide to Residential Tenants' and Landlords' Rights and Responsibilities





