Resources

On March 27, 2020, the Governor of California issued Executive Order N-37-20. This executive order delays the eviction process for tenants who show that they are unable to pay rent due to the novel corona virus (COVID-19). The executive order is summarized below. I.    Background On March 4, 2020,…

Effective January 20, 2020, eviction controls under the San Francisco Rent Stabilization and Arbitration Ordinance (“Rent Ordinance”) apply to any residential units constructed after June 13, 1979, and any residential units that have undergone substantial rehabilitation.  The rent limitations and the eviction controls enumerated in the Rent Ordinance previously applied…

A common question is what extent landlords are required to comply census takers. A landlord’s obligations relating to a United States Census are governed by 13 United States Code Section 223, which provides as follows:  “Whoever, being the owner, proprietor, manager, superintendent, or agent of any hotel, apartment house, boarding…

Effective January 1, 2020, apartment communities are required to grant access to process servers for a reasonable period of time for the sole purpose of performing lawful service of process or service of a subpoena.  In that regard, California passed Assembly Bill 622, which modifies California Code of Civil Procedure…

The following is a summary of selected new laws affecting the rental housing industry in 2020. Discrimination on the Basis of Military or Veteran Status (Senate Bill 222). This law makes it illegal under the Fair Employment and Housing Act (FEHA) for an owner of any housing accommodation to discriminate…

On October 8, 2019, the Governor of California approved Assembly Bill 1110, which lengthens the amount of notice a residential landlord is required to provide a tenant for rent increases greater than 10%. AB 1110 amends California Civil Code Section 827 and takes effect January 1, 2020. New Notice Requirement…

On October 8, 2019, the Governor of California approved Assembly Bill 1482, which establishes statewide rent and eviction controls.  The new law is effective on January 1, 2020.  The following is a summary of the just cause for eviction portion of the new law, which is found in the newly…

On October 8, 2019, the Governor of California approved Assembly Bill 1482, which establishes statewide rent and eviction controls.  The new law is effective on January 1, 2020.  The following is a summary of the rent cap portion of the new law, which is found in the newly created Civil…

Effective September 27, 2019, the San Jose Housing Payment Equality Ordinance prohibits discrimination against housing voucher holders who apply for rental housing in San José. The ordinance enables applicants who receive financial assistance to be considered in an equal manner to all other applicants. The ordinance is intended to expand…

In ClipperJet v, Tyson, decided on August 7, 2019, the California Court of Appeal decided that the filing of a frivolous or duplicative Notice of Removal of a state court action to federal court does not deprive the state court of jurisdiction over the case. By way of background, federal courts…