Timely, succinct legal updates from the eyes and ears of rental property owners and real estate practitioners
Ironically, the only constant in business and life is change, but Bornstein Law will keep you abreast of new and noteworthy legal issues you need to know to stay compliant and make the most informed decisions.
For informational purposes only. Laws and regulations have the tendency to change, and so you are advised to consult an attorney before acting on any links or commentary contained here.
Mountain View considers tinkering with rent control once again, kicks the can down the road
In a protracted and cantankerous battle between the interests of tenants and landlords in the epicenter of high-tech, Mountain View City Council continues its soul searching, but this saga will likely be decided by voters at the ballot box.
California bans blanket bans against denying tenancies solely based on the use of a Section 8 federal housing voucher.
Bornstein Law has witnessed the dominoes fall in many cities who have enacted ordinances that prohibited discrimination against Section 8 applicants, and we haven’t covered them much because they were so numerous and we fully anticipated that the hodge-podge of local anti-discrimination laws would be codified into state law. SB 329 does just that.
Read our blogs on fair housing laws, broadly »
Read our blogs on Section 8, specifically »
Governor Newsom signs sweeping statewide rent caps and eviction controls
Hearing the moans of rising rents, tenant displacement and epic commutes, AB 1482 has been passed. What impact does this law have on your rental property business? We provide a lay of the land and offer some takeaways in this guide.
New state housing laws salute the armed forces
SB 644 lowers limits on security deposits for men and women in uniform, while SB 222 prohibits discrimination against tenants who have Veterans Affairs Supportive Housing Vouchers.
90-day notice required when raising rents more than 10%.
Under AB 1110, landlords will soon be required to provide 90-day notice to tenants whenever rent increases exceed 10%, essentially giving month-to-month tenants an extra 30 days heads up, since under existing law, the owner must be afforded 60 days notice before the effective date of a rent increase north of 10%.
Milpitas ushers in emergency just cause eviction protections, rent review program
The city has taken proactive action by banning evictions without just cause when a tenant has been planted for a year or more, though it also extends protections to subsidized tenancies like Section 8. Tenants are also afforded the opportunity to seek review when facing rent increases over 5%. The ordinance expires in January, 2020, when state law takes over.
Bornstein Law has seen municipalities enact or explore these type of stopgate measures ahead of statewide rent caps and eviction controls, a murky subject that raises concerns because Costa-Hawkins is still the law of the land.
Substantial steps forward for Accessory Dwelling Units
We are encouraged that the state and municipalities have put away the scalpel and taken a machete to restrictions in building these pint-sized units. We survey some of the new laws inked by the legislature and Governor Newsom here.
A "golden age" of ADU production »
Arithmetic changes with three day notices beginning September 1
Weekends and court holidays will no longer count toward the expiration of three day notices, thanks to a state bill aimed at affording tenants more time to respond to evictions.
Concord's trek towards rent and eviction controls
There is a mixed bag of news for Concord landlords. "Just cause" eviction measures, a rent moratorium and new trigger for mediation has been derailed, but some items on the City Councils are concerning, while others are up in the air.
Hayward Rent Stabilization and Tenant Protection Ordinance appears imminent
Although Hayward has enacted an emergency just cause eviction ordinance, a more permanent measure has taken shape. The RRSO has survived its first reading, with the second reading to occur on June 25. It will likely be passed and thereafter, the law will go into effect July 25.
Recent court decisions have redefined single family homes, stripping rent control exemptions
Nonprofits get the first crack at SF multifamily buildings
Oakland to vote on easing restrictions for Accessory Dwelling Units
We offer our takes in a broader context »
Oakland sure to pass a RAP Notice fee increase tonight - what this really means for landlords
El Cerrito continues its discussion on implementing some form of tenant protections
Hayward passes an emergency just-cause eviction ordinance
We provide more details here »
Owner-occupied duplexes and triplexes now subject to rent control
City Council passed an emergency ordinance that placed a 180-day moratorium limiting rent increases to the annual CPI adjustment and affords a wide range of added tenant protections. We discuss this more in-depth and uploaded the ordinance in our recent blog post.
New relocation payments and allowable annual rent increase payments are off the press for San Francisco owners
Do not worry - we've uploaded them in the links below. If you have any questions on how these apply to you, contact our office for informed advice.
Relocation Payments for Evictions based on Owner/Relative Move-in OR Demolition/Permanent Removal of Unit of Unit from Housing Use OR Temporary Capital Improvement Work OR Substantial Rehabilitation
Allowable Annual Rent Increases
Oakland on its way to scrapping owner-occupied rent control exemption
Historically, owner-occupied duplexes and triplexes have been exempt from rent control and Oakland's Just Cause for Eviction Ordinance, which prohibits landlords from evicting tenants without a legitimate reason. A ballot initiative passed in November, however, chipped away at the status quo.
Measure Y amended Oakland's eviction limitations law to remove “just cause” exemptions for owner-occupied duplexes and triplexes, but these units remained exempt from rent control. Not for long.
In a spirited Community and Economic Development Committee meeting held Tuesday, January 29, a proposal to remove the rent control exemption for owner-occupied duplexes and triplexes sailed through committee and will now be headed to a full City Council vote.
The ordinance will be among the first tenants' rights ordinances to be voted on by Oakland's newly minted council members and with Mayor Libby Schaaf throwing her support behind the measure, every indication is it will pass.
This development is the latest in a series of initiatives in a city that is becoming the latest bastion of tenant protections. We have written extensively about Oakland's gradual trek towards increased tenant protections and you can view some of our thoughts here.