News: Posts by Mike Nemeth

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Gov. Jerry Brown has signed a bill that aims to ensure tenants know about any flood risk to residential property they are considering to rent. Under AB 646 by Assemblyman Ash Kalra, D-San Jose, a landlord with “actual knowledge” that his or her property is in a flood-hazard area will have to disclose this information to prospective tenants. Property owners with actual knowledge include those notified by a government agency, as well as owners required to carry flood insurance for the property.

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Question: My tenant has some damage to the outside window to the house I rent to them. The tenant claims the damage was done by a burglary attempt, but I suspect they locked themselves out and damaged the window when trying to get back in.  Who is responsible for the repair? Answer: Unless proved otherwise, damage to the premises caused by unknown third parties, acts of nature, or unexplainable are the responsibility of the landlord.

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Tenant activists left themselves a dangerously small margin for error in a signature-gathering effort to place a rent control measure before Glendale voters. The rent control measure pushed by the tenant’s union seeks to cap rent increases at 3 percent annually.

Tagged: Los Angeles

The California Apartment Association provided testimony this week about the role of NIMBYism in the high cost of housing for the middle class. Debra Carlton, senior vice president of public affairs at CAA, told an Assembly Select Committee on Monday about how NIMBY groups — short for Not in My Backyard — leverage environmental-impact reviews and the California Environmental Quality Act to delay projects. “The costs — when you’re stuck in the EIR process or the CEQA process — can add over a million dollars just in delays alone,” Carlton said. “And I think that we know that the locals… Read More

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Gov. Jerry Brown on Oct. 5 signed a bill that would crack down on rental property owners who discriminate against tenants based on immigration status. Under AB 291, dubbed the Immigrant Tenant Protection Act, a landlord could face civil penalties if he or she attempts to influence a tenant to vacate the  dwelling unit or attempts to recover possession of the dwelling unit based on the individual’s immigration status. The legislation, by Assemblyman David Chiu, D-San Francisco, offers protections against eviction for tenants whose landlords demand to see Social Security numbers or other validating documents after the landlord previously approved… Read More

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The Redwood City City Council on Monday unanimously approved an ordinance prohibiting smoking in multifamily communities. The ordinance applies to properties with more than two units and includes a ban on smoking inside units and all common areas. The smoking ordinance will officially take effect Jan. 1, 2019, for existing units and Jan. 1, 2018, for newly constructed units with a certificate of occupancy after Jan. 1, 2018. CAA Tri-County does not oppose the efforts to promote smoke-free housing and protect residents from secondhand smoke.

Tagged: Tri-County

During a meeting attended by more than 150 members of the rental housing industry, the Daly City City Council last week rejected the idea of rent control and a number of other onerous housing policies. On a 3-1 vote on Sept. 25, the council also dismissed policies such as just-cause eviction, relocation assistance, mandatory acceptance of Section 8 vouchers and the creation of a rent registry. At issue was whether to include these policies as part of Daly City’s Assessment of Fair Housing Report (AFH). The report is a comprehensive study on a jurisdiction’s housing barriers, a routine process required… Read More

Tagged: Tri-County

A proposal to bring a rent-review program to Lafayette received a mixed response from the City Council last week. The proposal, modeled after a program recently enacted in nearby Concord, was prompted by residents’ concerns over rent increases issued by new owners of a particular apartment complex in the city. During the Sept. 25 meeting, representatives from the California Apartment Association and local rental owners highlighted the fact that numerous housing providers in Lafayette not only have rents far below market, but also voluntarily limit rent increases to 10 percent annually.

Tagged: Contra Costa

Question: How long should we retain old leases at our apartment complex? I have heard two years, is this correct? Answer:  The statute of limitations (the time one has to bring a lawsuit) for written leases is four years. Therefore, leases should be retained a minimum of four years from the date of the vacancy.

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A highly anticipated package of housing bills signed by the governor last week includes key legislation sponsored by the California Apartment Association. Gov. Jerry Brown signed the slate of 15 housing bills Sept. 29 during a ceremony in San Francisco. Important to this package are CAA-sponsored AB 678 by Assemblyman Raul Bocanegra, and a companion bill, SB 167 by Sen. Nancy Skinner, D-Berkeley. These bills will help boost California’s supply of housing, which has long lagged behind job and population growth.

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