Effective January 1, 2022, there are a number of laws that impact housing development, density, planning and rental housing. Kendall Law has provided some of the highlights of these laws and how they impact real estate professionals, landlords, tenants, property managers, housing developers, real estate investors and property owners.
LAWS RELATING TO RENTAL HOUSING
AB 838 Code Enforcement Responses
The law will prohibit local code enforcement agencies from placing restrictions or preconditions, such as mandating that the rent be paid in full, before responding to habitability complaints.
AB 468 Emotional Support Animals
Prohibits a licensed healthcare practitioner from providing documentation about an individual’s need for an emotional support animal without establishing a client-provider relations with the indication for at least 30 days prior to providing the documentation for an emotional support dog and completing an in-person clinical evaluation of the individual who requests the emotional support animal.
SB 60 Short Term Rental Violations
The law will authorize cities to impose a fine of up to $5,000 when an individual violates a short-term rental ordinance. The fines allowed by this law are intended to extend to tenants who violate the law — not property owners.
AB 491 Equal Access to Amenities
This law requires, for any residential structure with five or more units that include both affordable housing units and market-rate units, the BMR (below market rate) units must provide the same access to common entrances, areas and amenities as non-BMR units. The building cannot isolate the affordable housing units to a specific floor or area on a specific floor.
AB 838 Code Enforcement
This law prohibits local code enforcement agencies from placing restrictions or conditions (such as mandating that the rent be paid in full) before responding to habitability complaints. It requires local governments to respond to lead hazard and substandard building complaints from tenants and requires officials to provide free copies of inspection reports and citations to the requestor and others who may be impacted like the rental property owner.
AB 1177 Creation of State Bank & Tenant Payments
By September 1, 2022, the State Treasurer is to establish the CalAccount Blue Ribbon Commission. A landlord and the landlord’s agent must allow a tenant to pay rent and security deposits by an electronic transfer coming from the state bank.
The nature of these bills will inevitably lead to serious questions and complex legal matters. Here at Kendall Law, we specialize in handling complex real estate and legal matters.
For more highlights of new housing laws in 2022, see also:
Contact Kendall Law for answers to your legal questions regarding these new laws. Contact us or call (310) 619-4941.