News: Posts by Mike Nemeth

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According to one lawmaker, a law already requiring property owners to have low-flow plumbing fixtures installed by 2019 doesn’t go far enough. Sen. Robert Hertzberg, D-Van Nuys, has proposed legislation to require plumbing fixtures conserve more water than mandated by an existing Jan. 1, 2019 deadline, and he’s adding more fixtures to the list. The current law demands water-conserving fixtures for residential, multi-family, and commercial properties. Fixtures that don’t comply must be replaced. Hertzberg’s SB 1173, however, changes the definitions of noncompliant plumbing fixtures. The bill calls for the replacement of the following: Toilets that use more than 1.28 gallons… Read More

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If you plan to place a single-family home on the rental market, you may want to do it before the end of this year. Under a bill by Assemblyman Ian Calderon, areas throughout California would limit the number of single-family homes used mainly as rental properties. The bill wouldn’t affect homes intermittently available for rent. Calderon, D-Whittier, frames the bill as a way to promote the “American dream of family home ownership by maintaining and, over time, increasing the market of homes that are available for purchase.” The legislation, however, would limit the already scarce availability of rental housing in… Read More

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Just a few months after being vetoed by the governor, legislation to provide tax credits for earthquake retrofits is back. Assemblyman Adrin Nazarian, D-Sherman Oaks, has again authored a bill that would help landlords pay for seismic upgrades. AB 2392 would allow a tax credit in an amount equal to 30 percent of the qualified costs paid or incurred by a qualified taxpayer for any seismic retrofit construction on a qualified building. Last year, the same proposal, carried as AB 428, passed both houses of the Legislature before being rejected by Gov. Jerry Brown.

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A Southern California lawmaker has proposed legislation that would help deter frivolous disability-access lawsuits against landlords and other business owners. SB 1142 by Sen. John R-Moorlach, Costa Mesa, would provide property owners and businesses a “right to cure” within 120 days of any Americans with Disabilities Act violation without penalty or threat of lawsuit. The bill would stipulate that a defendant is not liable for statutory damages, costs, or plaintiffs’ attorneys’ fees if the violation is corrected within 120 days of service of a demand letter. California law provides that a plaintiff is entitled to a minimum of $4,000 per… Read More

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Question: What happens if we rent to someone who is under 18 and is not an emancipated minor? Answer: The lease is voidable because the tenant did not have legal capacity to legally enter into the agreement. Question: Where do I get the lead paint pamphlets? Answer: The California Apartment Association or one of its local offices, the office of HUD, or the Environmental Protection Services (EPA) has pamphlets available. The Protect Your Family from Lead in Your Home pamphlet is available online here. The disclosure form is available here. And a fact sheet regarding the lead disclosure requirements is… Read More

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Should Section 8 voucher holders be considered a new protected class under California’s Unruh Civil Rights Act? The plaintiff in Morris v. Sacramento Manor thinks so. In that case, the tenancy was terminated when the owner decided not to participate in the Section 8 program anymore. The tenant argues that Section 8 recipients should be considered a new protected class under the Unruh Act’s prohibition against any arbitrary discrimination. Unlike most anti-discrimination laws, which protect only specific enumerated classes, California’s Unruh Act has been interpreted to prohibit any “arbitrary” discrimination. Courts have previously found discrimination based on the following categorizations… Read More

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The window is quickly closing for rental housing owners to voice their opposition to stricter rent control in San Jose. The San Jose City Council is expected to vote on a harsher version of its current policy April 19. Before it does, the city next week will hold one more committee meeting on the issue. The California Apartment Association is calling on its members to speak out at this meeting, scheduled for 6 p.m. Wednesday, March 16, at San Jose City Hall, 200 East Santa Clara St. San Jose’s Housing Department will review its recommendations for the city’s rent control… Read More

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Question: Can I require all overnight guests to register in the office? Answer: Some judges may consider this an unreasonable invasion of the tenant’s right of privacy. It is so far untested in our courts. Question: What should I do if I suspect drugs are being sold out of one of our apartments? Answer: Call the police and report the incident. Ask the police for further direction. Document all of the calls and what you said, did and observed. If you can prove illegal activity, commence an unlawful-detainer action. Question: If a resident dies and we discover the body, should… Read More

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A second Bay Area city is on the verge of approving binding arbitration – basically rent control in disguise. The Mountain View City Council will take up the proposal at its Tuesday, March 15, meeting. The session starts at 6 p.m. in council chambers,  500 Castro St. Mountain View’s consideration of binding arbitration comes on the heels of Alameda’s approval of the same policy, which it formally adopted Tuesday, March. 1. Under this approach to settling rent disputes, a tenant can have a mediator decide how much rent can go up — if at all. This plainly puts a control… Read More

Tagged: Tri-County

Property owners would have to rent to Section 8 voucher holders under legislation proposed by Sen. Mark Leno, D-San Francisco. The California Apartment Association will oppose the legislation, SB 1053, which would make it unlawful to deny housing based on an applicant receiving Section 8 assistance. The voucher program requires that owners and operators abide by federal regulations that differ from state and local laws. Moreover, it forces owners to work with a third party, the local housing agency. Many owners and managers believe that local housing agencies and their complex rules and regulations compromise the performance and financial viability… Read More

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