News: Posts by Mike Nemeth

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In response to a CAA-led referendum, the El Cerrito City Council on Wednesday night repealed its “just cause” for eviction ordinance, a move that will prevent a costly election and keep a destructive housing policy off the books.   The decision came on a 4-1 vote, with Mayor Rochelle Pardue-Okimoto dissenting. The council initially passed the just cause eviction law in May on a 3-2 vote. CAA immediately sponsored a referendum to overturn the decision and collected nearly 2,000 signatures from El Cerrito registered voters to do so. It is commonly known that just cause makes it more difficult to evict… Read More

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The California Apartment Association this week published a pair of “Industry Insight” papers to help rental housing owners comply with new relocation-assistance ordinances in the cities of Pasadena and Long Beach. In Pasadena, a relocation allowance for tenants in good standing took effect July 13. The ordinance expanded the eligibility of displaced tenants to receive a relocation allowance and moving expenses from the landlord. Moreover,  it increased relocation amounts and protections for tenants then the property is sold to a new owner who then increases the rent by more than CPI+5%, serves a termination notice, or evicts the tenant. For… Read More

Tagged: Los AngelesLong Beach

Gov. Newsom this week signed legislation that will provide dollars for housing while also imposing penalties against cities that refuse to build their fair share. The legislation, Assembly Bill 101, is a trailer bill, meaning it followed the main budget bill already signed by the governor this summer. Among other things, the bill specifically allows for fines of up to $100,000 per month if a city fails to comply with the state’s housing element law. That law mandates that cities plan for and deliver housing at all levels of affordability for their residents. About 40 California cities are out-of-compliance with… Read More

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The U.S. Supreme Court ‘s June ruling in Knick vs. Township of Scott may open the door for landlords to file federal lawsuits alleging that rent control ordinances violate the Fifth Amendment, however, the prospects for victory with such challenges remain distant. The Fifth Amendment’s takings clause prohibits the government from taking private property unless it is for a public purpose and just compensation is provided.   Up until now, landlords have had to file these kinds of suits in state court, where they’ve had limited success. Some believe federal benches would be more sympathetic to landlord arguments over property rights. 

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The California Apartment Association is rallying rental housing owners and managers in Culver City to oppose a temporary rent cap going before the City Council on Aug. 12. The yearlong rent freeze proposal is expected to cap rent increases at 3%, although that figure could change. The interim ordinance also would impose “just cause” eviction restrictions.

Tagged: Los Angeles

The California Apartment Association has issued an “Industry Insight” paper about a newly enacted emergency regulation to protect employees from wildfire smoke. The regulation took effect this week and will require many employers in California, including those in the rental housing industry, to change the way they monitor wildfire smoke and the precautions they take to protect employees.  The regulation was approved by the Office of Administrative Law on July 29 in preparation for the state’s wildfire season. It is expected to remain in effect for at least one year. The regulation requires employers who anticipate that employees may be… Read More

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Question: I have a tenant who never pays his rent until he receives a three-day notice.  We normally serve notices on the eighth of the month even though the rent is due on the first. He is on a one-year lease and I don’t know my legal rights.

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The Mountain View City Council is eyeing a potential ballot measure that would make changes to the city’s rent control law.   It’s unclear, however, what changes would be included in the potential measure – and whether they could make the city’s rent control ordinance even worse.   City staff has suggested the council might explore asking voters to bolster its rent control law with a rent registry, vacancy control for landlord-caused tenancy terminations, new noticing requirements, and possible limits on how housing providers share utility costs with renters. 

Tagged: Tri-County

The Vallejo City Council passed an urgency ordinance on July 16 making it unlawful to increase rent for an existing or prospective tenant by more than 10% during a declared emergency. The rent cap already was in place following a proclamation of emergency declared by the city manager on June 27 and later ratified by the City Council on July 3. The new ordinance simply places the rent cap into the municipal codes so that it automatically becomes effective during any proclaimed emergency.

Tagged: Solano

A free workshop that will cover landlord-tenant law and other rental housing topics is coming to Roseville on Aug. 1. The workshop, presented by Legal Services of Northern California, will cover topics including: An overview of landlord-tenant law in California Best practices and emerging issues such as zoning, permits, disability rights and reasonable accommodations Sample housing case scenarios The training session is scheduled to run from 5 p.m.-7 p.m. at the Maidu Community Center. It is designed for property owners currently renting or considering renting in Placer County. The event is being hosted by the city of Roseville, Roseville Housing… Read More

Tagged: Sacramento Valley