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Question: I recently won an unlawful detainer case against a tenant, and a lockout by the sheriff has been scheduled. Now I get a notice that somebody I never heard of says that he is a tenant and entitled to a trial and that the lockout will not be going forward as scheduled? How can this be? Answer: It seems that your unknown tenant has filed a third-party claim. A landlord can protect himself from such tactics by serving, at the time of service of the unlawful detainer, all unknown occupants. Question: I own a unit that is rent-controlled. I… Read More

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The California Apartment Association is calling on its members to help defeat a bill that threatens the Ellis Act and could come to a vote on the Senate floor next week. The bill, 1439 by Sen. Mark Leno, D-San Francisco, could strip San Francisco landlords of their freedom to leave the rental housing business. SB 1439 is a direct assault on the Ellis Act, a law passed in 1985 that bars local governments from making property owners stay in the rental housing industry. Ellis especially protects owners of rental properties in rent controlled cities, where landlords can find themselves operating… Read More

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As expected, a bill that would hinder a landlord’s right to take rental units off the market in San Francisco advanced from the Judiciary Committee this week. It next goes to the Senate floor. SB 1439 by state Senator Mark Leno, D-San Francisco, would undermine the Ellis Act, a 1985 law that bars local governments from making landlords stay in the rental housing business. The Ellis Act especially protects owners of rental properties in rent controlled cities, where landlords can find themselves operating at a loss. On Monday, Leno’s bill passed the Judiciary Committee by a 5 to 2 vote… Read More

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Voters this week rejected a property tax measure that would have provided a permanent funding source for a financially struggling hospital in San Pablo. The parcel tax — intended as a funding source for Doctors Medical Center — needed two-thirds approval from voters in Tuesday’s vote-by-mail election. Measure C, however, received only about 52 percent support. The tax, which had no sunset provision, would have charged 14 cents per square foot of developed property. Proponents said the measure was necessary to keep the hospital from closing. Related content:  San Pablo: Voters reject tax to fund Doctors Medical Center (Contra Costa… Read More

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Question: The non-payment of rent notice I served on the tenant has expired. The tenant is now trying to pay the rent, but I do not want to accept payment and would like to return it. How can I return the payment? Answer: You can return the tenant’s payment by personal delivery or sending it by regular mail. You are not required to send it by certified mail.  It is important to return the payment as soon as possible. Question: I have an ongoing unlawful detainer against one of my tenants, but the person is continuing to create a disturbance… Read More

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The California Apartment Association this week vowed to continue its fight against a split-roll tax bill that would allow school districts to impose different parcel tax rates on different types of property. SB 1021 by Sen. Lois Wolk, D-Davis, passed the Senate on Monday, May 5, by a 21-15 margin and now heads to the Assembly. Under Wolk’s bill, a school district could base tax assessments on characteristics such as parcel size, the size of improvements to the parcel and use of the land. CAA joins a coalition comprising dozens of business groups opposed to this legislation. Similar to last… Read More

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A bill that would likely offer a tax rebate to hundreds of thousands of low-income Californians renters survived its first committee hearing this week. “It’s essential for people who are low-income and disabled to take care of a lot of their basic needs at a time when costs are raising and rents are raising,” said Mira Ingram. The San Francisco resident, who uses a wheelchair and is on a fixed income, is quoted in this KCBS story about the bill. AB 2175, or the Renter’s Tax Assistance Act, would provide tax refunds to financially struggling renters. “Homeowners get state tax… Read More

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A bill that would make employees liable for filing “bad faith” lawsuits passed the Assembly Labor and Employment Committee on Wednesday. AB 2095 by Assemblyman Donald Wagner, R-Irvine, targets frivolous litigation by awarding an employer attorneys’ fees when the defendant can prove the worker filed suit in bad faith. It would discourage litigation regarding technical violations on itemized wage statements that don’t harm the employee but end up costing employers thousands of dollars to defend in court. The state’s labor code says eight categories of information that must appear in an itemized  wage statement provided to the employee. The purpose… Read More

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An anti-Ellis Act bill is dead after its author refused to eliminate wording that would have encouraged tenants to wage court battles as a tactic to stay in rent-controlled apartments already removed from the market. The California Apartment Association on Tuesday derailed AB 2405 by Assemblyman Tom Ammiano, D-San Francisco. The bill received four votes but needed six to survive its hearing in the Judiciary Committee. Last week, after CAA persuaded lawmakers to gut the most problematic aspects of the bill, AB 2405 advanced from the Assembly Committee on Local Government. On Tuesday, however, Ammiano would not agree to remove… Read More

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Before throngs of rental housing professionals headed to the state Capitol, the Capitol’s top elected official headed to them. For more than 30 minutes Tuesday, Gov. Jerry Brown captivated a crowd at the Sacramento Convention Center, telling stories about his wide-ranging political history, offering observations about current challenges in California government and looking ahead to a possible fourth term as governor. Brown served as keynote speaker at the California Apartment Association’s annual Legislative Conference. He and Assemblyman Tom Daly, D-Anaheim, delivered talks that primed the crowd for an afternoon of meetings with legislators on bills important to the rental housing… Read More

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