As part of our commitment to San Diego’s apartment community, our office carefully monitors and tracks legislation pertaining to landlord/tenant law in California. Below is a summary of the breakdown for new laws affecting rental owners and other real estate professionals in 2019.
Landlord Protection from Liability in Marijuana-Cultivation Law: A newly-signed law intended to curb illegal marijuana cultivation now offers law-abiding landlords protections against liability. Under AB-2164, cities can choose to immediately penalize individuals accused of violating local cannabis laws-without first getting a hearing or a chance to remedy the problem. As originally drafted, the Bill would have unintentionally left innocent rental property owners vulnerable to immediate penalties without appeal.
Battery Backup Required for New Automatic Garage Door Installations: Beginning next summer, landlords and other property owners will no longer be able to install automatic garage doors unless they have a battery backup function designed to operate during electrical outages. While property owners will not need to proactively install new automatic garage doors, any replacement door installed on or after July 1, 2019, must have a battery backup feature. This Bill also provides for a civil penalty of $1,000 for a garage door not installed in compliance with the law.
Protections for Domestic Violence Victims: AB-2113 will prohibit local agencies from penalizing property owners or residents if they call law enforcement to report domestic abuse or other crimes or emergencies at the property. The Bill, however, will also prohibit landlords from evicting or otherwise penalizing tenants simply because they call authorities to get help.
Balcony Inspections: Governor Brown signed into law SB-721. This Bill came in response to tragic balcony and stairwell collapses in two apartment buildings several years ago. The Bill requires new periodic inspections of certain apartment balconies, stairwells and other elevated structures.
Third-Party Payment: The recent Bill allowing the tenant’s ability to pay through a third-party also contains protections for landlords. Historically, landlords have been unwilling to accept payments from third-parties over concerns that a third-party would claim a right to possession of the unit.
Fast Track Housing for Homeless Including Homeless Youth: AB-2162, by Assemblyman David Chiu, D-San Francisco, will expedite the approval of affordable housing developments with a certain percentage of “supportive housing.” Supportive housing means housing with no limit on length of stay, that is occupied by persons with low incomes or who have one or more disabilities including mental illness, HIV or AIDS, substance abuse, or other chronic health condition.
The Law Office of Ted Smith Law continues to monitor both current and pending legislation, at both the state and local levels.