New California State Laws 2019

The following is a partial list of laws recently signed, in the state of California, that take effect as of January 1, 2019. These laws can be found on the state government site at http://leginfo.legislature.ca.gov/faces/codes.xhtml

AB 2219 Third Party Payments: This bill amends Civil Code §1947.3 to require a landlord accept rent payments through a third party, if the pay or provides the landlord a signed acknowledgement stating that they are not currently a tenant of the premises for which the rent payment is being made and that the acceptance of the rent payment does not create a new tenancy with the third party. The landlord may, but is not required to, provide a form for this purpose. The law specifies that this provision is not meant to require a landlord or his/her agent to enter into a contract with a federal, state, or local housing assistance program (such as Section 8).

AB 2343 Calculations of 3-Day Notices and Summons: This bill amends Code of Civil Procedure Sections 1161 and 1167 to extend the waiting periods for summons and some notices, effective September 1, 2019.

California Landlord/Tenant Law previously allowed weekends and holidays to count towards the three (3) day notice period, but prohibited a notice from expiring on a weekend or holiday. Code of Civil Procedure §1161 has been amended to specifically exclude “Saturdays and Sundays and other judicial holidays” when calculating the notice period for notices to pay rent or quit or notices to perform covenant or quit. It does not exclude these days when calculating expiration periods for 30, and 60 day termination notices and notices to quit based on unauthorized assignment, subletting, nuisance, and waste.

Similarly, Code of Civil Procedure §1167 is amended so that the five day period an unlawful detainer defendant has to respond to a notice of summons will not include judicial holidays, including Saturday and Sunday.

Bill SB 721 requires the inspection of decks, balconies and elevated walkways of more than 6 feet above ground level in a building containing 3 or more multifamily units by a licensed person to perform these inspections by the Department of Consumer Affairs. All of these inspections and any necessary testing are required to be completed by January 1st, 2025.

Bill AB 1919 amends an existing law that makes it a misdemeanor to raise rent more than 10% after a state emergency is declared. This clarifies the confusion over how and when California’s existing ban on price gouging is to be applied. The bill extends the prohibition with regards to housing for any period that the proclamation or declaration is extended. The bill would additionally make it a misdemeanor for a person, business, or entity to evict a housing tenant after the proclamation of a state of emergency and then rent or offer to rent to another person at a rental price higher than the evicted tenant could be charged.

Please take note that due to the Camp, Butte County, Hills and Woolsey fires, we are currently under a state of emergency order that is still in effect. This means that any rent increases given at this time must not exceed 10%. This state of emergency is extended in 30 day intervals as needed. We will be monitoring the situation as the year proceeds. Please call our offices if you have any questions.

EXCEPTIONS

 There are exceptions to the 10% cap if the landlord can prove that the increase:

  • “is directly attributable to additional costs for repairs or additions beyond normal maintenance that were amortized over the rental term that cause the rent to be increased greater than 10 percent”; or
  • the increase was contractually agreed to by the tenant before the state of emergency was declared.

Bill AB 2164 would have allowed local governments to impose a fine or penalty on a property owner if the tenant is involved in the illegal cultivation of cannabis at the property even if the property owner has no knowledge of the activity; the bill removed the right (currently allowed under existing law) for a property owner to appeal that fine.

This bill has been amended to provide that if a local government adopts an ordinance that provides for the immediate Imposition of administrative fines or penalties, that ordinance must provide for a reasonable period of time for the correction or remedy of the violation prior to the imposition of administrative fines or penalties if there is a tenant in possession of the unit; if the owner had no actual knowledge that the tenant was cultivating cannabis; and if the owner has a lease agreement that prohibits the illegal activity.

AB 1796 would allow tenants in rent control jurisdictions to work with the property owner to install an electric vehicle charging station. Current law prohibits a property owner from denying a tenant the ability to install a charging station if the tenant is willing to pay for all expenses related to the installation and operation of the station and comply with other provisions under the law.

Laws from 2018

Immigration Status: The new law on immigration aims to target discrimination. According to California Law AB 291, landlords are not allowed to influence a tenant to vacate a unit, or attempt to recover possession of the rental, based on a tenant’s immigration status.

Flood Zones: If landlords have “actual knowledge” of their property being in a flood zone, then they are required to disclose this to their tenants. Under AA 646, landlords are considered having this knowledge if they carry flood insurance for the property, or received special notification from the government.

Marijuana: Despite the new law on the legal sale of marijuana for recreational use, California landlords are still allowed to ban smoking marijuana on their property.

Employment: There are new employment laws in California, so if you’ve hired a property manager or any other employee, then here’s what you need to know: California employers are not allowed to ask about criminal history or salary history during the hiring process. There is also a required parental leave for businesses with at least 20 people.

Bed Bugs

Effective January 2018, California landlords must follow new guidelines for bed bugs. Specifically, in the new law:

  • Landlords must provide a lease addendum with education about bed bugs.
  • Landlords are prevented from showing or renting a vacant unit if there’s an active infestation.
  • Landlords are not allowed to retaliate against a tenant who has reported an infestation by trying to evict the tenant.
  • Landlords are not required to inspect for bed bugs if they haven’t seen them or received a tenant complaint. If there is an inspection, landlords are required to notify tenants of the findings within two days.
  • Tenants are required to cooperate with the inspection and treatment of bed bugs.
  • Bed bugs are a difficult pest to treat. They can even move from unit to unit. Early detection, education, and pest management go a long way to keep bed bug problems under control.

Laws from 2017

Landlord/Tenant Unlawful Detainer Proceedings (AB 2819)

There will be no public access to unlawful detainer (eviction) records, unless the plaintiff/landlord prevails within 60 days of filing. The previous law had the defendant/tenant required to prevail within 60 days to bar public access. This goes into effect, January 1, 2017.

Pesticide Application in Common Interest Developments (AB 2362)

Owners and their agents must now provide tenants advance written notice when over-the-counter pesticides are applied to separate interest dwellings or common areas. Notice must be provided at least 48 hours before application, however, if the pests pose a high and immediate threat, notification can be posted one hour before pesticides are applied.

Landlord/Tenant Bedbugs Disclosure (AB 551)

This amendment requires landlords to give information about bed bugs (as specified) to new tenants starting July 1, 2017 and for existing tenants starting January 1, 2018. Notice must also be given to tenants of units inspected by a pest control operator and provide the findings within 2 business days. This bill also prohibits landlords from showing, renting, or leasing a vacancy that the landlord knows has a bed bug infestation. By law, tenants must cooperate with bed bug inspections, permitting entry into the unit by the pest control operator.

Amendments on Accessory (Second) Dwellings (AB 2299 and SB 1069)

Effective as of January 1, 2017, these two bills revise the zoning restrictions on second dwellings, allowing the creation of 2nd units in single-family and multifamily residential zones (with specified provisions regarding where the 2nd unit may be located, standards, etc.).  In addition to changing the term from “second unit” to “accessory dwelling units”, AB 2299, in particular, revises parking requirements for accessory dwellings. The previous law requires second units to not exceed one parking space per unit or bedroom, with additional authorization for more than one parking space. The amendment removes the need for additional authorization for accessory dwelling parking.

Junior Accessory Dwellings (AB 2406)

Local governments can now establish laws for the creation of junior accessory dwellings in single-family residential zones. Local governments are prohibited from requiring additional parking as a condition of granting a permit.

 

Removes Certain Disclosures for Transfer of Residential Property (AB 73)

This bill revises the requirements of certain disclosures that are to be made when transferring residential property. Now, the property owner, their agent, or the agent of the transferee of the property are no longer required to disclose the occurrence or manner of death of an occupant (as specified). The bill also no longer requires the disclosure that an occupant of the property was living with human immunodeficiency virus (HIV) or died from AIDS related complications.

Landscape Irrigation Equipment (AB 1928)

This bill requires new performance standards and labeling requirements for landscape irrigation equipment and would postpone the date by which the commission is to adopt the performance standards and labeling requirements to January 1, 2019, and would prohibit the sale or the offer for sale of that equipment manufactured on or after the effective date.

Water Conservation in Landscaping Act (AB 2515)

On or before January 1, 2020, and every 3 years thereafter, the Department of Water Resources are required to update the model water-efficient landscaping ordinance or find another means to improve water efficiency. This means landscaping requirements might change in the future, and continue to change every 3 years.


Laws from 2016

SB 328, Hueso. Landlords: notice of pesticide use.
(a) Existing law requires licensed pest control operators to provide to tenants written notification that includes the pest to be targeted, the pesticide to be used, the frequency of its use, and a health and safety statement prior to a pesticide application.
(b) Landlords or authorized agents may apply pesticides without using the services of a licensed pest control operator. There is no requirement for landlords or authorized agents to notify tenants when pesticides are applied to their units or common areas.
(c) It is therefore the intent of this bill to ensure that when pesticides are about to be applied to rental property by the landlord or an authorized agent, rather than by a licensed pest control operator, potentially affected tenants are provided with substantially the same written notification that they would have received under existing law had the pesticides been applied by a pest control operator.

SB 761, Hall. Advertising: Internet private residence rental listings: notice.
This bill requires a hosting platform, as defined, to provide a specific notice to an occupant listing a residence for short-term rental on a hosting platform that states, among other things, that, if the occupant is a tenant, listing the room, home, condominium, or apartment may violate the lease or contract and could result in legal action by the landlord, including possible eviction.
This bill requires the notice to be in a particular font size and be provided immediately before the occupant lists each real property on the hosting platform’s Internet Web site in a manner that requires the occupant to interact with the hosting platform’s Internet Web site to affirmatively acknowledge he or she has read the notice.

SB 655, Mitchell. Housing standards: mold.
This bill provides that a lessor is not obligated to repair a dilapidation relating to mold, as specified, until he or she has notice of it or if the tenant is in violation of specified affirmative obligations. The bill authorizes a landlord to enter a dwelling to repair a dilapidation relating to mold, under specified conditions.
This bill specifies that visible mold growth, excepting mold that is minor and found on surfaces that can accumulate moisture as part of their proper and intended use, is a type of inadequate sanitation and therefore a substandard condition. The bill defines mold as microscopic organisms or fungi that can grow in damp conditions in the interior of a building. By expanding the definition of a crime, this bill imposes state-mandated local programs.

AB 418, Chiu. Tenancy: termination: victims of violent crime.
Existing law, until January 1, 2016, authorizes a tenant to notify the landlord in writing that he or she or a household member, as defined, was a victim of an act of domestic violence or sexual assault and that the tenant intends to terminate the tenancy. Existing law requires that the tenant attach to the notice to terminate a tenancy a copy of a temporary restraining order or protective order that protects the tenant or household member from further domestic violence or sexual assault or to attach a report by a peace officer stating that the tenant or household member has filed a report alleging he or she or the household member is a victim of domestic violence or sexual assault.
Existing law authorizes the use of a tenant’s security deposit to compensate a landlord for a tenant’s default in the payment of rent. Existing law provides that existing law governing security deposits applies to these terminations.
This bill extends these provisions indefinitely and reduces the time limit for a tenant to give a notice of intent to vacate to the landlord under these provisions from 30 days to 14 days.

SB 600, Pan. Discrimination: citizenship: language: immigration status.
Existing law finds and declares that all protections, rights, and remedies available under state law, except any reinstatement remedy prohibited by federal law, are available to all individuals regardless of immigration status who have applied for employment, or who are or who have been employed, in this state. Existing law, the Unruh Civil Rights Act, provides that all persons within the jurisdiction of this state are entitled to full and equal accommodations in all business establishments regardless of their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, or sexual orientation.
This bill extends the protections of the Unruh Civil Rights Act to persons regardless of citizenship, primary language, or immigration status. The bill would specify that those protections do not require the provision of services or documents in a language other than English, beyond that which is otherwise required by law.

AB 1448, Lopez. Personal energy conservation: real property restrictions.
This bill requires a landlord to permit a tenant to utilize a clothesline or drying rack, as defined, approved by the landlord in the tenant’s private area, as defined, if certain conditions are met, including, among others, that the clothesline or drying rack will not interfere with the maintenance of the rental property and the use of the clothesline or drying rack does not violate reasonable time or location restrictions imposed by the landlord.


Laws from 2014-2015

SB 196 – Landlords Required to Provide Specific Utility Rate Schedules

 Existing law requires the owner of a master-metered mobile home park or apartment building to post in a conspicuous place the prevailing residential utilities rate schedule as published by the utility service provider. SB 196 amends Section 798.40 of the Civil Code so that beginning January 1, 2014, owners of master-metered mobilehome parks, apartment buildings or similar residential complexes must post in a conspicuous place the applicable specific current residential gas or electrical rate schedule published by the utility service provider only if the owner or manager separately bills the residents for gas or electricity. Alternatively, the landlord (or management) may post the Internet Website address of the specific current residential utility rate schedule. If the landlord or management chooses to post the Internet Website address, they are also required to: (1) provide a copy of the specific current residential utility rate schedule, upon request, at no cost; and (2) state in the posting that a homeowner may request a copy of the rate schedule from management.

Furthermore, SB 196 amends Section 739.5 of the Public Utilities Code so that landlords who provide gas or electric service, (or both) in a master-metered apartment building shall charge each tenant of the service the same rate that would be charged if the tenant were receiving gas or electricity directly from the gas or electrical corporation. Long standing law prohibits landlords from “marking-up” the utility rates, but may charge the tenant a reasonable service fee.

SB 488 – Code Enforcement Officers May Now Determine Substandard Housing

As of January 1, 2014, infestations of insects, vermin, or rodents and inadequate garbage storage and removal facilities may now be determined by a local code enforcement officer where the city does not have an agreement or the resources to contract for county health services. In other words, local code enforcement officers will now be authorized to conduct pest and garbage inspections. Previously, only county health inspectors were allowed to conduct health related inspections.

Property owners will not be cited by both local and county enforcement agencies for the same violation regarding infestations or inadequate garbage storage or removal.

SB 612 – Protection of Victims of Human Trafficking

Currently, Civil Code 1946.7 permits a tenant to terminate their tenancy upon 30 days’ notice where they notify the landlord, in writing, that he or she (or a household member) is a victim of an act of domestic violence, sexual assault, stalking, or elder abuse. This revision expands the categories of individuals who may terminate their tenancy under the code by adding “victims of human trafficking” as a newly protected class. Additionally, it expands the type of documentation a tenant may use to establish their claim of abuse.

While the current law requires victims to present the landlord with either a court order (restraining Order) or a police report, this revision expands the category of acceptable evidence to  to include health practitioner (physician, surgeon, psychiatrist, psychologist, registered nurse, licensed clinical social worker, licensed marriage and family therapist or licensed profession clinical counselor) or a “qualified third party” based on information received by that third party while acting in his or her professional capacity to indicate that the tenant or household member is seeking assistance for physical or mental injuries or abuse resulting from an act of domestic violence, sexual assault, stalking, human trafficking, elder abuse, or dependent adult abuse”.

Of course, that begs the question as to who or what, exactly, constitutes a “qualified third person”. SB 612 defines a  “qualified third person” as one  “…who meets the requirements for a sexual assault counselor, domestic violence counselor, or a human trafficking caseworker  (as defined in state law)only if the documentation displays the letterhead of the office, hospital, institution, center, or organization, as appropriate, that engages or employs, whether financially compensated or not, this counselor or caseworker.”

The law also prohibits a landlord from terminating a tenancy, or failing to renew a tenancy of a victim if: 1) documented by a police report or protective court order; and, 2) the wrongdoer is not a tenant of the same dwelling unit. The landlord, however, may terminate the tenancy if, after invoking protection under this law, the tenant allows the wrongdoer named in the police report or protective order to visit the property, or the landlord reasonably believes that the wrongdoer poses a physical threat to other tenants or to the tenants’ right to quiet possession.

Finally, SB 612 also prohibits landlords from disclosing any information provided by a tenant to a third party unless the disclosure is consented to in writing or is required by law or an order of the court.

While the addition of the category “victims of human trafficking” has no expiration date, the additional “qualified third party” documentation protection is set to expire December 31, 2015. My experience leads me to believe that it will still be with us after that date.

SB 745 – Smoke Detectors Specifications Changed

A couple months ago, I wrote an article about this law which generated a bit of confusion among landlords due to the fact that my article was written prior to, but published after changes were made to the law after it was initially passed.

The way the law was originally passed, beginning on January 1, 2014, the State Fire Marshal would not approve a smoke alarm unless it was capable of doing all of the following: (1) displays the date of manufacture on the device; (2) provides a place on the device to display the date of installation; and (3) incorporate a hush feature; incorporate an end-of-life feature that provides notice that the device needs to be replaced. However, the law was amended to reflect that and these features will not be required until July 1, 2015 and, in fact, the “end-of-life” feature has been eliminated entirely.

However, as of July 1, 2014, the State Fire Marshall will not approve a battery-operated smoke alarm unless it contains a non-replaceable, non-removable 10 year battery. An exception to this rule applies to smoke alarms ordered by, or in the inventory of, an owner, managing agent, contractor, wholesaler, or retailer on or before July 1, 2014. However, the exception only lasts until July 1, 2015, at which time all devices used in the rental units will be required to meet the standards set forth above.

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