Bornstein Law
Newsletter Archive
Legal developments, practical guidance, and commentary on the issues shaping California rental housing.
Vacancy taxes across the Bay
A California Court of Appeal decision striking down San Francisco’s vacancy tax raises new questions about similar measures in Oakland and Berkeley. We look at what the court said about an owner’s right under the Ellis Act not to enter or reenter the rental business, why the decision does not automatically invalidate other local vacancy taxes, and what it could mean across the Bay.
When unpaid rent isn’t enough to evict
San Francisco considers tying nonpayment evictions to HUD’s Fair Market Rent, a proposal that could significantly delay action in some tenancies, particularly subsidized housing. We examine how the proposed threshold would work and look more broadly at Section 8, including screening, rent increases, inspections, notices, and California’s source-of-income protections.
When utility billing becomes a landlord-tenant problem
RUBS may offer a practical way to allocate utility costs in master-metered buildings, but local rent-control and disclosure rules are making these systems increasingly complicated. We examine the growing scrutiny of utility billing, take a closer look at San Francisco’s rising eviction filings, and introduce new practical guides covering tenant buyouts, 3-day notices, and rent increases.
Pets, pied-à-terre rules, and where someone really lives
California lawmakers revisit pets in rental housing with SB 1296, prompting a broader look at pet policies, assistance animals, and nuisance issues. We also examine New York City’s new pied-à-terre surcharge and its parallels in the Bay Area, including San Francisco Rent Board Rule 1.21 and the consequences when a rent-controlled unit is not a tenant’s principal residence.
Tenant buyouts: the numbers and the negotiation
Tenant buyout agreements are gaining momentum in San Francisco, with some owners paying substantial sums to obtain a voluntary vacancy. We look at the latest buyout numbers, why these agreements can make economic sense, and how understanding what a tenant actually wants can sometimes produce a better deal than simply offering more money.
Section 8, work-from-home fees, and when guests become tenants
A new federal lawsuit asks whether California can require housing providers to participate in the Section 8 program, raising questions about the state’s source-of-income protections and what could change if the challenge succeeds. We also examine work-from-home fees, revisit nuisance issues, and look at the risks when a short-term rental guest stays long enough to acquire potential tenancy rights.