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.
Ord No. 13677
Amendment of the Oakland planning code to revise regulations for accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) to comply with state law – effective January 2022
Ord No. 13663
Prohibits real property owners from interfering with choice of communication services and provides requirements for providers to obtain access to buildings and remedies for violations – effective October 2021
Code of Civil Procedure Sec. 871.11
Limits the amount of attorney’s fees recoverable to a prevailing party in an action for the recovery of Covid-19 residential rental debt. Only applicable to “ordinary circumstances” as determined by the court - effective January 2022
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.
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