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2016_Legislation

 

With each new year comes a new set of legislation. This year’s changes and updates to legislation are fairly minimal compared to years past. However, as a landlord or a tenant, it remains important to stay educated on all legal issues pertinent to the way you run a business or live in your rented space.

Below is a summary of the changes, by topic in alphabetical order, effective in 2016:

 

Clotheslines

Tenants must obtain permission from the landlord prior to putting a clothesline on the exterior of the building.

Community Revitalization Authority

Identified “disadvantaged” areas of California are now allowed to create a Community Revitalization Authority in order to improve conditions of the neighborhood in order to reduce crime rates and increase employment opportunities in the area.

Density Bonuses and Parking Spaces

Developers can request for the city or county to eliminate the minimum parking requirements for the development.

Domestic Violence

Time is limited from a 30-day to a 14-day notice of intent to vacate a tenant who is a victim of domestic violence.

Immigration Status Information

Updates to the Unruh Civil Rights Act prohibit discrimination on the basis of “citizenship”, “immigration status”, and “primary language”. With this change, a landlord can no longer require a prospective tenant to verify their immigration status.

Insurance Discrimination

Insurers are prohibited from discriminating against real property owners who offer housing for tenants in low-income programs.

Medical Marijuana

Cities and/or counties are authorized to issue or deny permits to cultivate marijuana. They may also inspect the cultivation sites.

 

2016 Legislation Roundup for Landlords and Tenants

Mold

Landlords do not have an obligation to repair dilapidations caused by visible mold, but the tenant is responsible for mold caused by poor housekeeping. 

Pesticides

A written notice is required to be given to tenants prior to the application of pesticides either by the landlord or the landlord’s agent.

Vacation Rentals

Short-term rental websites, such as Airbnb, are required to provided disclosures to tenants.

 

Additional Resources

The California Apartment Association and the Apartment Owners Association offer more in-depth analysis of legislation changes by year as well as articles to keep you up to date.

The CCIM Institute highlights recent court decisions that help real estate pros avoid litigation.

If you’re interested in being a part of a legislative action committee, check out the Community Associations Institute and their 2016 Legislative Calendar to for important deadlines.


Photo Source: The Alyward Law Firm, Allergic Living