Recent Changes in the Law
Stay up to date with new laws and changes to existing laws affecting real property and housing at the state and local level.
California
AB-12 Tenancy: Security Deposits
For many years residential landlords could not demand or receive a security deposit in excess of an amount equal to 2 months’ rent, for unfurnished units, and an amount equal to 3 months’ rent, for furnished units. A new law will limit deposits to an amount equal to one month’s rent, regardless of whether the residential property is unfurnished or furnished - effective July 2024
SB-71: Small Claims and Limited Civil Cases
California litigants will be able to sue for up to $12,500.00 in small claims court and $35,000 in limited civil cases. These changes to dollar caps are the first of their kind in over ten years, reflecting negotiations with legal and consumer groups -- effective January 2024
AB 1620 Amends Costa-Hawkins to Benefit Disabled Renters
AB 1620 amends the Costa-Hawkins Rental Housing Act to permit local jurisdictions to adopt regulations that ensure individuals with mobility-related disabilities can secure appropriate housing without paying additional rental costs. Under the new law, tenants in rent-controlled units who have permanent physical disabilities related to mobility must be allowed to relocate to an available, accessible unit at the same rental rate and terms. The law only applies to properties with five or more rental units. -effective January 2024
SB-267 Credit history of persons receiving government rent subsidies
Under a new State law effective on January 1, 2024, landlords can’t rely only on credit reports for assessing an applicant’s eligibility in meeting financial or income standards. Applicants for vacant units must be permitted to submit lawful, verifiable alternative evidence of the applicant’s reasonable ability to pay via a government rent subsidy - effective January 2024
SB-712 Tenancy: Personal Micromobility Devices
In an effort to boost the use of e-bikes and scooters, the State Legislature has passed a law requiring residential landlords to permit the storage and charging of “micromobility” devices inside of dwelling units. The devices must meet certain safety standards and have the appropriate insurance policy covering storage. Alternatively, the landlord may provide secure, long-term storage for the devices -effective January 2024
Alameda
Changes to the Moratorium on Rent Increases
On March 15, 2022, the Alameda City Council passed a new ordinance, allowing landlords to begin noticing rent increases, but these increases may not exceed the AGA. Any “banked” rent increases will not be available for landlords to use until 60 days after the City Council rescinds its Declaration of Local Emergency, which currently remains in effect
Oakland
Berkeley
Berkeley Fair Chance Ordinance
In 2020, the City of Berkeley passed the Fair Chance Access to Housing Ordinance, which generally restricts the use of criminal background checks for rental housing applications, or other housing decisions, by most landlords. The ordinance also requires landlords to include a statutory disclosure in their rental housing applications, and to make the disclosure accessible at their leasing offices or leasing websites (if any.) This disclosure form was recently published by the City, finally permitting landlords to come into full compliance with the Ordinance. More information about the Ordinance can be found here at the city of Berkeley website.