Showing posts with label Rent Laws. Show all posts
Showing posts with label Rent Laws. Show all posts

9/25/2019

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Update: Long Beach rent ordinance rescinded by Council on Dec. 3rd, 2019.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!!
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Julia Huntsman, REALTOR, Broker | www.juliahuntsman.com | 562-896-2609 | California Lic. #01188996
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