Gov. Brown Signs His Last Californian Rental Housing Laws

rental housing legislation

Gov. Brown Signs His Last Californian Rental Housing Laws

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With the California governor race between Gavin Newsom (D) and John H. Cox (R) months away, Governor Jerry Brown has been busy these past few weeks sign his last rental housing laws into effect before he retires in January. Ranging from new balcony inspection requirements to a handful of eviction changes, be mindful of these 12 passed rental housing bills as you move forward.

BILLS THAT HAVE PASSED

Eviction Process Changes (AB 2343)

Landlords will now have to wait longer before starting the eviction process. The eviction notice wait time excludes judicial holidays (including Saturday and Sunday). These provisions will become operative on September 1, 2019.

Evictions due to Unlawful Weapons (AB 2930)

Existing law allows rental properties in the City of Los Angeles, Long Beach, Oakland and Sacramento to file for an action on an unlawful detainer to abate the nuisance caused by illegal conduct involving unlawful weapons or ammunition. This law was going to sunset on January 1, 2019, but now that AB 2930 has passed, the sunset date has been extended to January 1, 2024 and additional unlawful detainer provisions have been added.

New Apartment Balcony and Stairwell Inspections (SB 721)

Buildings with 3 or more multifamily dwelling units are required to have an inspection of exterior elevated elements and associated waterproofing elements (including decks and balconies) to reveal any conditions that pose an immediate hazard to the safety of the tenants. These inspections must be completed by January 1, 2025, with subsequent inspections required every 6 years (some exceptions available). A copy of the completed inspection report would be required to remain in the owner’s records for 2 inspection cycles.

Withholding Transportation Funds until Housing Quota Met (AB 1759)

Each city or county is now required to meet their minimum housing production goal (as is written in their general development plan) in order to be eligible to receive a portion of the Road Maintenance and Rehabilitation Program’s remaining funds.

Law Enforcement and Emergency Assistance Protections for Tenants and Property Owners (AB 2413)

This protects the tenant’s and property owner’s right to call law enforcement or emergency assistance on behalf of a victim of abuse, crime or an individual emergency that the caller believes needs law enforcement or emergency assistance to prevent or deescalate. Landlords are prohibited from retaliating against victims or their households for contacting law enforcement or emergency assistance (in this context).

Existing law relating to unlawful detainers allows victims of domestic violence, sexual assault, stalking, human trafficking, or elder/dependent adult abuse can attach a documented copy of a restraining, protection order, or report by a peace officer. This law now allows victims to use a qualified 3rd party statement as well.

California Environmental Quality Act Reform (AB 1804 – CEQA)

Some multifamily residential housing projects are now exempt from CEQA regulations. Certain conditions must be met in order to qualify for this exemption.

Price Gouging During a State of Emergency (AB 1919)

A person, business, or other entity that increases the monthly rental price of an existing or prospective tenant by more than 10% during a declaration of emergency can now incur a misdemeanor. It is also a misdemeanor to evict a tenant after the proclamation of a state of an emergency for the purpose of renting the property out. A state-mandated local program will be established in the future to monitor and manage this new crime.

Affordable Housing with “Supportive Housing” Developments (AB 2162)

In zones where multifamily and mixed uses are permitted, supporting housing is now permitted. Supporting housing is low income housing that has no limit on the length of stay, and caters to those with disabilities, including mental illness, HIV or AIDS, substance abuse or other chronic health conditions.

Density for Low-Income Students (SB 1227)

Perhaps good news for college students, this bill opens the gates for more student housing. Developments can achieve a density bonus if all the units are used by full-time students (enrolled in an accredited university) and if at least 20% of that rental housing is used by low-income students.

Homeless Youth Act of 2018 (SB 918)

The Homeless Coordinating Council will now oversee and administer grant programs for homeless young people and families, funded from funds appropriated by the Legislature, federal funds, special fund money, and gifts and donations. No more than 40% of the total funds granted in a year will be used to establish, expand, or operate shelter programs, with the rest dedicated to direct homeless aid.

The Orange County Housing Trust (AB 448)

This creates the Orange County Housing Finance Trust for the purpose of funding housing for low income and homeless persons.

San Francisco BART Housing (AB 2923)

Inconsistent zoning standards (after July 1, 2022) that are within ½ a mile of any existing or planned Bay Area Rapid Transit (or BART) station will change to local zoning. This will allow more affordable residential housing units to be built closer to BART stations.

 

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2 Replies to “Gov. Brown Signs His Last Californian Rental Housing Laws”

  1. Just a simple question… I didn’t realize that you could legally discriminate and create student only housing which could affect families, and likely other protected populations…. Is it in the laws that this is permissible for privately owned housing?

    1. Hi Randy – thanks for taking the time to comment.

      First I need to specify that nothing contained within our blog or these comments is intended to constitute legal advice. Please consult with an attorney familiar with your state’s laws before taking any actions that could increase your liabilities. With that said . . .

      I wouldn’t advise you to view this new legislation as ‘legal discrimination’ because it’s actually more about zoning. Single-family residences, in most cases, have already been pre-zoned for that purpose. Student housing, multifamily housing, affordable housing, commercial properties, etc. have their own types of zoning to guide how the spaces should be utilized. This law is more for new developments being zoned for student housing use rather than being as applicable to single-family residential neighborhoods that are being used for rental housing. If you believe your portfolio might be able to take advantage of the density bonus, I would recommend consulting with an attorney specialized in property law.

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2 Replies to “Gov. Brown Signs His Last Californian Rental Housing Laws”

  1. Just a simple question… I didn’t realize that you could legally discriminate and create student only housing which could affect families, and likely other protected populations…. Is it in the laws that this is permissible for privately owned housing?

    1. Hi Randy – thanks for taking the time to comment.

      First I need to specify that nothing contained within our blog or these comments is intended to constitute legal advice. Please consult with an attorney familiar with your state’s laws before taking any actions that could increase your liabilities. With that said . . .

      I wouldn’t advise you to view this new legislation as ‘legal discrimination’ because it’s actually more about zoning. Single-family residences, in most cases, have already been pre-zoned for that purpose. Student housing, multifamily housing, affordable housing, commercial properties, etc. have their own types of zoning to guide how the spaces should be utilized. This law is more for new developments being zoned for student housing use rather than being as applicable to single-family residential neighborhoods that are being used for rental housing. If you believe your portfolio might be able to take advantage of the density bonus, I would recommend consulting with an attorney specialized in property law.

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This site uses Akismet to reduce spam. Learn how your comment data is processed.

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©2018 ApplyConnect. All rights reserved

ApplyConnect marks used herein are trademarks or registered trademarks of applyconnect.com. Other product and company names mentioned herein are the property of their respective owners.