Concord’s long flirtation with rent control and just cause reasons for eviction enters a new phase of courtship
Concord has done quite a bit of soul-searching over the years in what type of tenant protections to enact and we’ve been following this back-and-forth discussion. Now there is another chapter in this long and storied debate.
Policymakers have committed to the adoption of Rent Stabilization and Just Cause for Eviction Ordinances by December 31, 2023, and have invited feedback from property owners and tenants alike by establishing an online survey.
Its stated purpose is to “gather feedback from community members to better understand the needs of tenants and property owners and to ensure that a prospective Rent Stabilization and Just Cause Ordinance best meets those needs.”
Read the City’s press release here ›
Conspicuously absent from the survey is whether housing property owners support the agenda of new regulations.
In 2022, Concord lawmakers inked the Residential Tenant Anti-Harassment Protection Ordinance, which was purportedly designed to “prevent landlords and their representatives from harassing their tenants, to encourage landlords to follow the law and uphold their responsibility to provide habitable rental properties, and to give tenants legal recourse through the adopted Ordinance when they are subjected to harassment by owners.”
What this really means is that landlords can be sued for making the slightest of grievances. For example, if a vendor shows up late to make a necessary repair, the owner can conceivably face a costly lawsuit. Bornstein Law has railed against these types of anti-harassment ordinances that are sprouting up throughout the Bay Area because they are duplicative of existing tenant protections and only serve to enrich opportunistic tenant attorneys vigilant about any misstep on the part of the landlord.
Let’s not forget about statewide rent and eviction controls.
AB-1482, or the Tenant Protection Act of 2019, was an exercise in democracy as a well-thought-out compromise between owner and tenant advocates. The state law was drowned out by a deluge of COVID-related tenant protections that have now expired, so we once again pivot to state law in the absence of more restrictive local rules.
The old adage applies - “If it’s not broke, don’t fix it.” AB-1482 provides an abundance of tenant protections, but not enough for some lawmakers hellbent on pushing the envelope further. Attempts in the statehouse to chip away at AB-1482 have failed thus far, but our community can expect further efforts to modify the state law.
A study of Concord’s Residential Rent Registry Report shows that allowable rent increases fall below state-imposed rent caps. Why not leave well enough alone?
Where do we go from here?
The Concord City Council will convene at 6:00 PM on Tuesday, September 5 to discuss the path forward in shaping tenant protections, with public comments being elicited. Rental property owners are encouraged to show up in person, or virtually.
Link: https://cityofconcord.zoom.us/j/85827416234?pwd=RXB1cTlla3dpRUpiS2tqUVdEQWFNUT09
Webinar ID: 858 2741 6234
Passcode: 623828
Zoom Phone Numbers. Dial (669) 900-6833 or (346) 348-7799 or (253) 215-8782.
Of course, our office will be following developments in Concord and throughout the Bay Area and will be a topic of conversation in a September 14th webinar we invite you to attend.