Rental Relief for Eligible Residential Landlords in Los Angeles County

 

Downtown Long Beach

Are you an owner of residential 1-4 units in Los Angeles County?  A program is now launched to assist landlords impacted by the COVID-19 pandemic and tenants who fell behind in their rents. 

Landlords may begin applying in mid-December and multilingual support will be available. This program is offered through Los Angeles County Rent Relief and administered by the Department of Consumer and Business Affairs. The program will offer grants of up to $30,000 per unit to eligible landlords for expenses dating from April 1, 2022 to now.

More information is available at www.lacountyrentrelief.com.

If you would like market information on your rental units for potential selling value, please contact me via text, email or phone call!

 

Julia Huntsman, REALTOR, Broker | http://www.abodes.realestate | 562-896-2609 | California Lic. #01188996

Some New 2020 Laws in California That May Affect You

2020 New Laws in California

Over 800 new laws were passed into law effective January 1, 2020!

AB5 - Affects independent contractor status of many occupations.  Certain workers were exempted, or "carved out."  Realtors were one such group exempted and still maintain their independant contractor status.  Truckers, as you may know, were not, but are fighting that status in the courts. Realtors are one of the exempt classifications.

AB 1482 - Certain notices to ALL tenants should be sent out already, and new CAR forms contain the appropriate notices.  There are ambiguities in this statute, ie., "region" vs "area" for calculating CPI, which will require time to work out. However, all landlords should be providing, as of January 1, 2020,  an advisory about the tenant rent cap and just cause provisions.  If the landlord is exempt, for example, because the rental property is a single family home or a condo, the exemption does not apply if the tenant has not received the advisory.  As a Realtor, I may give an advisory form to my client for their tenant, but otherwise landlords should contact their property manager or find the appropriate advisory on the internet. This information should be given immediately to tenants. Some cities have additional rent cap laws which may be more restrictive, however, Long Beach recently completely rescinded its law and is now following state law. Property managers, owners and interested parties are advised to independently research this law, one of the most restrictive in the nation, through their own counsel.


AB 1110 - Rent noticing where AB 1482 does not apply to a property and there is a month-to-month tenancy.   A 90-day notice is required if landlord increases rent by more than 10% of current annual rent.

AB 68,670, 881 - Accessory dwelling units.  Limits on what cities can impose.  HOAs must allow construction of ADUs, cities cannot prohibit laws against ADUs (but there are requirements to follow for construction). ADUs in HOAs would not reasonably be considered for apartment style multi-family structures, which typically have a common parking garage and balconies. It would have to be an HOA with single family lot with a garage, for example; the owner is also advised to check governing documents in their HOA.  If you have a question about ADU requirements in the area you live in, I advise checking your local city's website for all their posted information.  If you still have questions, or believe you are being given wrong information in regards to the state law, contact me for further help.

SB 329 - No discrimination allowed based on source of income, i.e., child support, Section 8 housing income, or other public assistance, for example.So if between two applicants the Section 8 applicant has, for example, a better credit score, than another, a landlord may not discriminate against the Section 8 applicant simply because of Section 8.

SB 969 - Garage Door battery backups - effective 7/1/2019 - If a new automatic door is installed, or an existing opener is replaced, a battery backup installation is required in event of power outage.

California Consumer Privacy Act - Privacy Act Advisory provided through CAR forms.  Relative to real estate transactions, a party may come into contact with a "big company" as defined in the Civil Code may be collecting information about which the consumer may have the right to opt out, but with certain results. Such companies may include the MLS, which uses photographs and sales information about your property. An advisory form is now in effect describing to the consumer their right to be notified which is given to clients of Realtors.  Others wishing to obtain similar consumer information may contact me for the Legal Q&A on this topic.

Employment laws:
SB 530 - Workplace sexual harrassment training required. New harrassment laws also include abusive conduct, not just sexual harrassment.  This is, in fact, because agents work broadly in the field which is their entire workplace, so would also include client behavior towards an agent or broker.  This is meant to address repeated insults, or hostile and offensive behavior.

AB2770 - Protection for reporting victims of sexual harrassment.

AB 51 - Employer no longer can require waiver of rights to arbitration by employees.

SB 1412 - Criminal background checks limit sealed or expunged material.






Julia Huntsman, REALTOR, Broker | www.juliahuntsman.com | 562-896-2609 | California Lic. #01188996

California: 2019 Just Cause Eviction and Rent Cap Bill AB 1482

Studying new rental laws?

As of this date, this California state bill has not yet been signed by the Governor, but is expected to be since he has indicated his approval.
Bill signed in October, 2019.
Update: Long Beach rent ordinance rescinded by Council on Dec. 3rd, 2019.

Exemptions for Previously Existing Ordinances

This AB 1482 recognizes local ordinances, such as Long Beach Tenant Relocation Assistance (see link at bottom), passed prior to September 1, 2019 as follows:
Even if a local ordinance is less protective than the AB 1482, it will preempt the newer state law unless "more protective provisions" are passed to that local ordinance after September 1, 2019. If Long Beach or other cities were to do that, specific terms must be met.  "More protective" means:

"1. The local law must be 'consistent' with AB 1482. 2. The local law must provide higher relocation assistance or provide additional protections. 3. The local government has made a binding finding that their local ordinance is 'more protective.' "

 So if you're a Long Beach landlord or renter, check the link to the local ordinance below for complete coverage of its terms which went into effect August 1, 2019. Please note that OYOs and stock coops may be subject to rent caps and just cause under the new AB 1482, as noted below. Note:  Just cause under AB 1482 applies to tenants who have been continuously and lawfully occupying the property for 12 months or more. 

Otherwise, if you're in another city without its own ordinance, or unincorporated areas, you will probably need to look at the link to AB 1482.

AB 1482:
Goes into effect January 1, 2020.

Rent cap:  All rental increases since March 15, 2019 will count toward the cap of 5% plus inflation, or up to 10% total, whichever is lower.  See indexes for determining inflation https://www.bls.gov/regions/subjects/consumer-price-indexes.htm#CA  or this index if regional information not available for you  https://www.dir.ca.gov/OPRL/CPI/EntireCCPI.PDF.

Exemptions from the rent cap: 
Single family residences and condominiums, provided renter receives notice of the exemption (this may not include stock coops or OYOs, however and they may be subject to rent caps and just cause);
The owner is not a real estate investment trust, a corporation, or an LLC in which one member is a corporation;
Housing built issued a certificate of occupancy in last 15 years, generally meaning newer housing;
A duplex in which one unit is owner's primary residence;
Housing restricted by deed as low, low income housing;
Dormitories for higher education institutions;
Housing already subject to local rental control ordinance;
Section 8 rentals are likely exempt;
Exemption for just cause for ADUs, and an SFR that rents out up to 2 bedrooms in the house, or in which a tenant shares bathroom or kitchen facilities with the owner; 

Reasons for just cause eviction include: non payment of rent; breach of lease after given notice to correct violation; nuisance; unlawful use of property; damage to property; refusal to allow entry; when a tenant fails to vacate after giving notice of leaving; subletting property in violation of lease.

One month's rent must be paid to a tenant in the following circumstances including: withdrawal from rental market; demolition or substantial remodeling of property; government order to vacate; conversation of property to owner occupied.  Relocation assistance is not contingent on the renter's income amount.

Finally:
This post is NOT an exhaustive summary of these laws, so it is advisable for additional assistance to be consulted whether you are a landlord or a tenant.    However, I would be happy to provide the entire legal summary, as currently provided by the California Association of Realtors legal team, in pdf format, if you provide me with your contact information. It covers many questions and answers in great detail concerning AB 1482. 

For reference:  CA Bill 1482 , Long Beach Tenant Relocation Assistance Bill.

Finally, complete property search of both sold and active listings are available on my website at www.juliahuntsman.com, simply by looking in the dropdown list under "status"-- the following is a link to income property throughout Los Angeles County actively listed in the MLS:  Income properties.
Rental/for lease properties may also be searched on the site in the same way.
Please feel free to  contact me for help on finding a property!!
.
Julia Huntsman, REALTOR, Broker | www.juliahuntsman.com | 562-896-2609 | California Lic. #01188996

Two New California Landlord/Tenant Laws for 2018

Numerous laws have been passed or updated in recent years dealing with and regulating landlord/tenant relationships, which should be of interest to all property owners who lease or rent out property.

Flood Disclosure - Effective July 1, 2018, a new law requires a landlord (or the agent) to disclose in writing in every written agreement entered into on or after 7/1/2018 information about flood hazards, including the landlord's "actual knowledge".  This disclosure consists of pre-printed language about floods, services, and renter's insurance, and 2) the owner's knowledge if the property is located within a flood zone.
Special hazard areas in which flood insurance is required and flood inundation areas from dams are included in this disclosure.  If the owner has or is currently carrying flood insurance or received public notice concerning being in such an area means the owner has "actual knowledge".  Should the landlord use a Realtor for a lease/rental after this date, this law will be complied with through a Realtor form available starting in June, 2018.

Protection of Immigrants in Residential Housing - A new law concerning residential housing, part of a group of 11 new laws protecting immigrants, prohibits any threat to disclose information relating to immigration status with the intent of "harassing, intimidating or retaliating, or influencing a tenant to vacate".   This new law explicitly states that the landlord may disclose information as part of complying with legal obligations under federal law. Landlords  are advised to understand and comply the new definition of immigration and citizenship status in order to avoid the monetary penalties which could be imposed by this law, which are in addition to all other damages. Landlords, as a best practice, should verify all financial qualifications and necessary identity of a prospective tenant before approving a tenant to take occupancy.

If you would like to know more about this and other landlord/tenant requirements, please contact me for more complete information as provided through the California Association of Realtors
, or contact your legal advisor.

What About Holding an Open House in a Tenant-Occupied Property?

When a landlord decides he/she is selling a tenant-occupied property, there are certain requirements on both parties. The landlord has the right to sell the property and find a prospective purchaser

under normal and customary market conditions of the area, and that usually includes open houses and prospective buyer visits to the property with proper notice. Tenants are understandably not anxious to participate in the selling process, but landlords and their REALTORS have certain tools for handling the situation.

The law permits a landlord to hold open house, since a 2013 decision in Dromy v. Lukovsky which allows open houses on weekends with "reasonable" notice.  This case said that there should be no more than two a month, and 10 days advance notice should be given to the tenant.  The tenant may propose alternate days within 48 hours of receipt, which the landlord should consider.  The judge in the above case approved an open house on either a Saturday or a Sunday from 1:00 pm to 4:30 pm.  The agent must be present, and the tenant may be present.

If a tenant is not cooperative with these terms, a landlord should try writing a letter (REALTORS have sample forms also) explaining possible eviction, costs and attorneys fees and a possibly a negative credit report entry from the entire process.

Another method is to provide a 3-day notice to quit (check with your REALTOR).  The landlord may have to consider eviction if neither of these work.

However, many tenants do see it in their own best interest to cooperate because an income property may be sold to another investor who would like to retain good tenants.

For more specific information on this issue, please contact me via email on best procedures to follow when listing your income property with tenants.
Lic #01188996

Easing The California Housing Demand: A New California Law for Adding Second Units

Signed into California law last year, effective January 1, 2017 is a statewide law allowing the creation of 2nd units, not exceeding 1200 square feet, in otherwise single family and multifamily zones.  This bill, AB2299 (Bloom) imposes a state-mandated local program, and which deletes previously existing additional space parking requirements.  Existing driveway parking may now meet the parking requirements under this law.  This is significant for some property owners who had the space to build a unit, but did not have a large enough lot to meet new parking requirements as well.
Now referred to as Accessory Dwelling Units (ADUs), there are certain guidelines that a local agency may create but which may not be more restrictive than the new law, including the following:

• The unit is not intended for sale separate from the primary residence and may be rented.
• The lot is zoned for single-family or multifamily use.
• The accessory dwelling unit is either attached to the existing dwelling or located within the living area of the existing dwelling or detached from the existing dwelling and located on the same lot as the existing dwelling.
• The increased floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing living area.
• The total area of floorspace for a detached accessory dwelling unit shall not exceed 1,200 square feet.
• No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
• No setback shall be required for an existing garage that is converted to a accessory dwelling unit, and a setback of no more than five feet from the side and rear lot lines shall be required for an accessory dwelling unit that is constructed above a garage.
• Local building code requirements that apply to detached dwellings, as appropriate.
• Approval by the local health officer where a private sewage disposal system is being used, if required.
• Parking requirements for accessory dwelling units shall not exceed one parking space per unit or per bedroom. These spaces may be provided as tandem parking on an existing driveway.
•  Off­street parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions, or that it is not permitted anywhere else in the jurisdiction.
• When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit, and the local agency requires that those off­street parking spaces be replaced, the replacement spaces may be located in any configuration on the same lot as the accessory dwelling unit, including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts.
• The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.

 This is a chance to ease the housing situation for family members, or for someone to add on a second unit for income without having to purchase a new property.  It's especially helpful for those who want to live individually in a residential area, i.e., Belmont Heights in Long Beach which already hosts some older residential properties with units, without the ambiance of a large apartment building.

Update July 22, 2017:  The City of Long Beach is still in the process of developing the code requirements that must match these units (i.e., fire and safety, certain construction requirements, etc.), but has also made ineligible building ADUs in the City's parking impacted zones.  The map for these zones is available on the City's website.

 

Law Enforcement Cracking Down on Online Home Rental Scams

Don't get fooled by a fraudulent "rental"

The rental housing landscape has been the target of fraudsters.

For instance, a legitimate "for sale" listing which shows up not only on the local REALTOR multiple listing service (MLS), and then (according to licenses) automatically fanned out to such sites as Realtor.com, Trulia, Zillow, etc., and also possibly manually entered by the listing agent into other sites such as Craig's List, is hijacked.

Actual listing agent information is deleted by person(s) attempting to misrepresent the listing, but the rest of the listing information, including photos, is resubmitted as a rental property with a new rental price, often one which does not support local neighborhood values, but gets the fraudster plenty of emails or phone calls.  The purpose of this is to get an unsuspecting renter to wire money to the "agent", before agreeing to see the property.  Of course, after they obtain money, there is no showing of the property--the fraudster may live on the other side of the country, or in another country.  This has personally happened to me, and to other area agents as well.  To get the false information and listing deleted online takes time and phone calls, including phone calls from renters who went to my listing to verify its existence, and then called me from the "for sale" sign.  Of course, it's not for rent, it's for sale.  Moral of the story:  Do not send money or personal information to see a rental.

Another local scenario in the 562 area code is where another rental company with a different area code goes to vacant properties and puts up their own rental sign so that they will get phone calls off someone else's property for which they have no contract to lease or to sell.  Yes, they've been reported so they quit for a while, but after a while, the signs pop up again. 

This is a nationwide problem.  If you are a landlord, you should also take notice of this issue.
Always try to first verify the actual agent or owner of a listing, because this is happening just often enough to cause headaches for all concerned.

Below is an online article for the Freddie Mac Blog published today about this very issue, worthwhile reading for everyone on how to recognize and protect yourself from these schemes. 
Law Enforcement Cracking Down on Online Home Rental Scams: Law enforcement started the year by cracking down on fraudsters using phony online real estate ads to fleece would-be renters.

Some New California Laws for 2016

New CA laws for 2016

One of the more interesting new laws for 2016 allows transfer of deed without going through probate court.  As a transfer-on-death deed, it allows a homeowner, effective January 1, 2016, to transfer to a named beneficiary a one-to-four unit residential property without going through a probate action.  The property cannot already be part of another will or trust, but must be separate and apart.  So if you have not included a property in your trust, or you don't have a will or trust yet, but you want a property that is yours to go to someone automatically upon your date of death, you may do so by this Transfer on Death Deed, sign and notarized and recorded within 60 days.  It is revocable in case you change your mind.  This a form deed accompanied by 24 FAQs explaining it. The law lasts through January, 2021.  Assembly Bill 139.

There are a number of laws involving no penalties for water use and lawn appearance during a drought.

Extended indefinitely is the victim's rights law to terminate tenancy, where he or she or a household member was a victim of an act of domestic violence, sexual assault, stalking, elder abuse or human trafficking and that the tenant intends to terminate the tenancy.  The time to give notice has been reduced from 30 days to 14 days.  Assembly Bill 418.

Senate Bill 655 pertains to new mold/habitability standards pertaining to landlord/tenant law. A change from current law, this new law  now provides that a lessor (landlord) is not obligated to repair a dilapidation relating to mold, as specified, until he or she has notice of it, or if the tenant is in substantial violation of the duty to keep the property clean and sanitary, and thereby substantially contributes to the existence of the mold. This law authorizes a landlord to enter a dwelling to repair a dilapidation relating to mold.  There are current definitions about substandard housing, and "this law specifies that visible mold growth, as determined by a health officer or a code enforcement officer, is a type of inadequate sanitation and therefore a substandard condition. However the presence of mold that is minor and found on surfaces that can accumulate moisture as part of their proper and intended use would not constitute a substandard condition."

For a complete list of 2016 laws which also address consumer protection, HOA regulations and drought conditions and FHA disclosures, disclosure required by AirBnB rentals, to name a few, please contact me.  I will be happy to forward them to you.
Lic #01188996

Who May Run and Check Your Credit in California?

Homebuyers seeking a purchase or refinance mortgage, or people wanting to buy appliances on payment plans or using their credit cards, are among those who will have their credit reports checked.  The federal Fair Credit Reporting Act requirements state who can look at or order your credit report.

Such people may include landlords, credit card issuers, car loan lenders, student loan lenders and insurance companies and government agencies.   However, at least ten states (California, Colorado, Connecticut, Hawaii, Illinois, Maryland, Nevada, Oregon, Vermont, and Washington) have passed laws prohibiting employers from pulling credit reports at all or restricting how and when employers may use them to make hiring or other job decisions.  According to the Fair Credit Reporting Act, access is restricted to businesses or government agencies that meet the permissible purpose requirements.

Concerning landlords:  If a landlord has a property managed or listed by a Realtor with a written contract in place giving the broker permission, the broker may be allowed to run the credit of a prospective tenant.  Or, the Realtor can also assist the property owner by helping the landlord find a source for running credit (about $25), with action performed and the report reviewed by the landlord.   The Realtor may be doing all other agreed functions for renting, but the credit report responsibility lies with the landlord if not otherwise expressly allowed for in the contract.  It would be a good idea for landlords and tenants alike to find out what should be of concern to a landlord.  Landlords can check rental history, accounts, debts, foreclosures and general credit worthiness.  For individuals who experienced getting a notice of default and foreclosure, even though they had other good credit, they found it was not easy moving to a good rental property, and some found that getting a co-signer was necessary.

To find out what can be included in your credit report and other resource material, Privacy Rights Clearinghouse and Nolo contain additional information.  For California information on accessing a free annual credit report, see the California Office of the Attorney General.

New California Real Estate Laws for 2015

The following are some of the new real estate laws taking effect in the future in California.

California brokers are required to keep transaction records for at least 3 years. These records used to include text messages, instant messages and tweets, but per AB 2136, as of January 1, 2015, such electronic "ephemeral" records are not now required to be kept.  If you wish to maintain a good permanent record of communication with your agent, faxed documents and/or e-mail messages are a better way to go.

Many HOA associations use the services of a property manager who commonly carries out the forwarding of HOA documents to the buyer during escrow.  The fees charged by them for the gathering, production and delivery of such documents has been the subject of controversy and regulation in the past, all the more so since electronic documents do not incur the expense of actual copying and messengering to an escrow office that once was common.  To eliminate the practice engaged in by some companies where non-requested documents were included with requested documents--and charged for--document bundling is now prohibited. It is the now the responsibility for the seller to pay HOA document fees, and the fees must be itemized for mandated disclosures, i.e., CCRs, Minutes, By-laws, special assessments, financial/budget statements, rental reports, operating rules, etc.  The HOA must estimate the cost of such mandated documents prior to production, and if the seller possesses them electronically, they must be provided free of charge.  It is the responsibility of the seller to pay the HOA for any charges which the HOA is allowed to incur. The California purchase agreements have been revised to reflect this change in the law. So if you own a condominium and you are selling it, be aware that you are now legally required to pay for the mandated documents which are to be sent to the buyer, and that these documents can no longer be ordered by escrow using the buyer's deposit funds (a common practice until now).  These and other requirements are detailed in  AB 2430.

There are several other new HOA-related laws concerning exclusive use maintenance, use of recycled water, use of low water-using plants, judicially enforceable dispute resolutions, allowance of personal agriculture in a back yard.  For specific information on these, please contact me.

If you see one in your front or back yard, the California red frog is now the state amphibian.

On July 15, the California state water board adopted emergency regulations restricting water use for outdoor landscapes. The regulations prohibit using potable water outdoors, such as watering your lawn, that results in runoff water on sidewalks, driveways, roadways and your neighbor’s property; washing a car with a hose unless the hose is fitted with a shut-off nozzle; watering down your driveway and sidewalk; and using water in a decorative fountain unless it recirculates. Violation of the regulations is an infraction and may result in a fine of up to $500 for each day the violation occurs.  Various cities, such as Long Beach and Los Angeles, also have water regulations, i.e., watering on certain days and times. Try checking with their web sites.

AB 2310 allows the city attorney in certain California cities, including Long Beach, to demand that a landlord evict a tenant, after following certain procedures, for unlawful possession of weapons or ammunition or for other illegal conduct with controlled substances, or this action may be carried out by the City.

Seniors or disabled citizens may file for a postponement of their property taxes if household income does not exceed $35,500. This program does not include mobile homes, and takes effect July 1, 2016.  Claims are filed with the State Controller and any sums approved and paid by the state will become a lien on the property.

Please contact me for more detailed summary on some of these laws, I am happy to be of assistance.
www.juliahuntsman.com