By Bianca C. Wittenberg
California Real Estate Broker Since 2010
Many of my clients and Real Estate associates have been asking about the new legislation bills passed in January 2020 affecting Realtors, homeowners, investors and renters. Landlord/tenant rights have changed, there is stronger control on rent and more severe restrictions for landlords and agents. Real Estate Agents have secured their position as independent contractors and consumer protection has continued to increase. Here is a breakdown of how each Senate and Assembly Bills affect us.
AB 1482 Limits the amount rent can increased at a time and imposes just cause rules for eviction. Rent increase is capped at 5%, plus the change in the CPI (consumer price index), with a 10% maximum. This rule is retroactively effective March 14, 2019. Additionally, with all termination of tenancies, landlords will need to provide a “just cause” reason within 15 options provided in the AB 1482 bill. For more information visit, AB 1482 www.ReallyOwnIt.com
AB 1110 Requires landlords to provide 90 days notice for any rent increase over 10% within a 12 month period. The previous minimum was 60 days. For more information visit AB1110
SB 329 Provides rights to Section 8 tenants, prohibiting landlords from refusing to rent to them because they are using a housing voucher. This is considered illegal discrimination based on “source of income”. For more information visit SB 329
SB 222 Veterans vouchers provide rights to veteran tenants, prohibiting landlords from refusing to rent to them because they are using a housing voucher. This is considered illegal discrimination based on “source of income”. For more information visit SB 222
AB 1188 Tenant has the right to shelter a person at risk of homelessness with the landlord’s approval. If the landlord disapproves, they must provide 7 day eviction notice. For more information visit AB 1188
AB 5 Affirms Realtors can retain their status as independent contractors, business and professions code 10032. The agent must meet 3 conditions to qualify. 1. Hold an active real estate license 2. All income must be directly related to sales and not hours worked 3. All parties have a contract stating agent is an independent contractor, not an employee. For more information visit AB 5B.
AB 68 Produces increased incentives and easier qualifications for the creation of Accessory Dwelling Units (in-law suits). This push has been an effort to help the increasing housing crisis. The bill limits local governments on imposing strict restrictions and lightens the overall approval process. For each property, Ministerial approval is to be provided for Junior ADUs that no more than 500 sq/ft within the single family dwelling unit, that has separate access and is built to code. An additional approval is to be provided for one detached ADU built as new construction, with building approval per parcel. For more information visit AB 68
Real Estate Laws are constantly change and are complex. It is always advise to consult a real estate agent or attorney for best advice on your individual scenario.
Bianca C. Wittenberg
- California Investment & Residential Property Specialist
- Sacramento Real Estate Broker Since 2010
- Sacramento State MBA Entrepreneurship & Global Business
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