Court

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. 

Oakland

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. 13668

Amendment of the Rent Adjustment Ordinance to include vehicular residential facilities as covered units – effective November 2021

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

California

Code of Civil Procedure Sec. 367.75

This law sets forth procedures for how courts may conduct hearings, conferences, and trials by using “remote technology” - effective January 2022

California Rules of Court, Rule 3.672

Rules used by civil courts to implement procedures for remote proceedings - effective January 2022

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

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.

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