This climate has been particularly acrimonious for Bay Area landlords - it seems that when an initiative to curtail landlord rights is passed, the ink doesn't dry before another one sprouts up and San Jose has become the latest battleground for besieged housing providers.
There, the San Jose City Council enacted an urgency ordinance on May 9, which imposed "just cause" requirements on evictions. No need to mark your calendars to prepare - the ordinance took effect immediately, as in, you need to heed it now, folks.
"Just cause" requirements strip a landlord's ability to use a "no cause" notice to terminate a month-to-month tenancy under California law. Landlords are also prohibited from terminating a tenancy due to the expiration of a lease, absent a "just cause". The California Apartment Association has published guidelines to help members comply with this ordinance. Of course, these guidelines are no substitute for a one-on-one consultation with a real estate attorney that can ensure you are in compliance with the ordinance given your unique circumstances.
On a better note, the City is drafting amendments to the ordinance which may make it easier for an owner to terminate a tenancy when the resident commits an illegal act.
APARTMENT RENT ORDINANCE UPDATE
San Jose’s Housing Department is currently drafting the Apartment Rent Ordinance (ARO) based on the previous City Council’s over the past year. Most newsworthy is the proposed changes of lowering the rent cap from 5% to CPI, a more stringent capital improvement pass through process, and the inclusion of duplexes under rent control.
The Housing Department is expected to conduct public outreach on the changes to the ordinance this summer and release a draft ordinance for a 30-day public comment in August. The City Council will likely say yay or nay to the proposed to the changes to the ordinance in October.
WHAT YOU CAN DO
Proposed changes to the Tenant Protection Ordinance and the Apartment Rent Ordinance will be discussed by Housing Staff in a series of community meetings open to the public. Bornstein Law encourages property owners and managers to attend these meetings and voice your opposition to the current occupancy standards, including duplexes under rent control & lowering the cap to CPI.
Tuesday, July 11
6:30-8:30 pm
Cypress Community Center
403 Cypress Ave, San Jose
Tuesday, July 18th
6:30-8:30 pm
Seven Trees Community Center
3590 Cas Ave, San Jose
October is fast approaching and until then, Bornstein Law will keep you in the loop with the latest information and ways for you to engage the Council. While there is sure to be more changes and headlines, you can always count on the steadfast counsel of our Bay Area real estate attorneys.
As the founding attorney of Bornstein Law, Broker of Record for Bay Property Group and expert witness, Daniel Bornstein is a foremost and well-respected expert in landlord-tenant disputes and other property management issues with over 23 years of experience in handling real estate and civil litigation related disputes.
CONTACT BORNSTEIN LAW
415 409 7611
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