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Assembly Bill No. 1482

Andrew@LivingEstatesRealty.com

The California State Assembly passed AB 1482 and the bill has been signed into law by Governor Gavin Newsom. San Mateo County Association of Realtors and the Coalition for Housing Equality, with the support of the California Association of REALTORS® (C.A.R.), is providing information to REALTORS® and property owners about the implications of this new state law and how to comply.

C.A.R. Rent Cap and Just Cause Eviction Law (Rent Control, AB 1482)

Rent Cap

Rent increases are capped at 5 percent plus inflation, or up to a hard cap of 10 percent, whichever is

lower. All rent increases since March 15, 2019 will count toward the rent cap, and if above the permissible

rent cap, will have to be rolled back effective January 1, 2020.

Just Cause

Landlords may only evict for “just cause.” There is a list of 15 reasons. The just cause reasons are divided into two categories:

  • “At fault” termination of tenancy is generally based upon a tenant’s breach of the lease,
  • among other reasons, and does not require the payment of relocation assistance.
  • “At fault” reasons include non-payment of rent, nuisance, criminal activity, refusal to allow
  • entry, and breach of a material term of the lease.
  • “No fault” termination of tenancy is allowed when the tenant has not breached the lease
  • and will require the landlord to pay one month’s rent in relocation assistance.
  • “No fault” reasons include owner occupancy, withdrawal from the rental market, substantial
  • remodeling and compliance with government order to vacate the property,

Just cause eviction only applies to tenants who have been continuously and lawfully occupying the property for 12 months.

Exemptions

Exempts single family properties and condos if:

  • Notice of the exemption is provided to the tenants and;
  • The owner is not a REIT, a corporation, or an LLC where an owner is a corporation
  • Other exemptions include:
  • Housing that has been issued a certificate of occupancy within previous last 15 years
  • Owner occupied duplexes
  • Owner occupied single-family properties renting no more than two bedrooms including

Accessory Dwelling Units (“ADU”s). (This exemption applies only to just cause but not the rent cap).


Bureau of Labor Statistics: Consumer Price Index, San Francisco Area — August 2019

Consumer Price Index, San Francisco Area — December 2019

Area prices were down 0.5 percent over the past two months, up 2.5 percent from a year ago

Prices in the San Francisco area, as measured by the Consumer Price Index for All Urban Consumers (CPI-U), decreased 0.5 percent for the two months ending in December 2019, the U.S. Bureau of Labor Statistics reported today. (See table A.) Assistant Commissioner for Regional Operations Richard Holden noted that the December decrease was influenced by lower prices for gasoline. (Data in this report are not seasonally adjusted. Accordingly, month-to-month changes may reflect seasonal influences.)


CA Legal Information: AB-1482 Tenant Protection Act of 2019: tenancy: rent caps.

An act to add and repeal Sections 1946.2, 1947.12, and 1947.13 of the Civil Code, relating to tenancy.

[ Approved by Governor October 08, 2019. Filed with Secretary of State October 08, 2019. ]

LEGISLATIVE COUNSEL'S DIGEST

AB 1482, Chiu. Tenant Protection Act of 2019: tenancy: rent caps.

Existing law specifies that a hiring of residential real property, for a term not specified by the parties, is deemed to be renewed at the end of the term implied by law unless one of the parties gives written notice to the other of that party’s intention to terminate. Existing law requires an owner of a residential dwelling to give notice at least 60 days prior to the proposed date of termination, or at least 30 days prior to the proposed date of termination if any tenant or resident has resided in the dwelling for less than one year, as specified. Existing law requires any notice given by an owner to be given in a prescribed manner, to contain certain information, and to be formatted, as specified.

CAR’s Rent Cap and Just Cause Addendum (Form RCJC)

  • What do I need to provide to my tenants?

    CAR’s new “Rent Cap and Just Cause Addendum” (Form RCJC) – available in December pending

    approval of the Standard Forms Advisory Committee.


  • When do I provide it?

    It needs to be provided by January 1, 2020.


  • My tenant is month to month. Does that matter?

    Yes. For month to month tenants, the addendum should be incorporated into the rental agreement

    by providing the notice by a change in terms of tenancy. Use Form “Notice of Change in Terms of

    Tenancy” (Form CTT).

  • What about leases?

    If your tenant is on a lease, then you’ll provide the addendum as a stand-alone notice.

  • What needs to be done for new or renewed tenants?

    For all tenants signing a new lease or rental agreement or a renewed lease or rental agreement after January 1, 2020, the addendum must be included.

  • What if the tenant whose lease has expired refuses to sign a new rental agreement with the addendum?

    If the lease has expired after January 1, 2020, the owner may choose to evict on this basis. Or the

    owner may simply allow the tenant to go month to month and then incorporate the addendum into

    the rental agreement by delivery of a notice to change terms of tenancy (Form CTT). Do not,

    however, sign a new or renewed lease of rental agreement without the addendum.

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