# data[].attributes.attachment_link.title
Elder & Spencer, LLP | California Housing Rights Attorneys

# data[].attributes.attachment_link.description
Elder & Spencer, LLP offers expert legal guidance to tenants on issues related to habitability, harassment and housing discrimination. We are California’s premier housing rights attorneys.

# data[].attributes.headline
AB 1418: Prohibits use of "crime free" housing programs and "public nuisance" ordinances

# data[].attributes.subject
AB 1418: Prohibits use of "crime free" housing programs and "public nuisance" ordinances

# data[].attributes.attachment_link.readable_text
Below is a list of some new laws that will affect most owners of rental properties in California. To see each law in its entirety, please visit http://leginfo.legislature.ca.gov./
Assembly Bill 1620 -Right of disabled tenant in locally rent-controlled property to move to first floor unit at same rental rate - (Effective January 1, 2024)
Allows a jurisdiction with local rent control to require an owner of a rent-controlled unit to allow a tenant with a permanent physical disability to relocate to an available comparable or smaller unit located on an accessible floor of the property and retain their same rental rate.

AB 1620 creates a statutory process by which a locality with a rent control ordinance or charter could provide for unit swaps in certain situations where a disabled tenant is living in a rent-controlled unit, and the tenant would retain their current rent.

This process would only be available to tenants in rent-controlled units who

Have permanent physical mobility-related disabilities,

Live in units that are not served by an operational elevator,

Are not subject to eviction for nonpayment,

Where the jurisdiction has opted into AB 1620.

Assembly Bill 1764 - Landlord/Tenant: Option to provide receipts for tenant screening fees by email when both landlord and tenant agree to it first. (Effective January 1, 2024)

Landlords will have the option to provide receipts for tenant screening fees via email when both landlord and applicant agree to it first.

Presently, landlords are required to provide, personally, or by mail, a receipt for the screening fee paid by the applicant. The receipt must itemize the out-of-pocket expenses and time spent by the landlord or the agent to obtain and process the information about the applicant.

Under AB 1764, the landlord or their agent and the applicant may agree to have the landlord provide a copy of the receipt for the fee paid by the applicant to an email account provided by the applicant.
SB 267 - Landlord must offer "ability to pay" in lieu of reliance on credit history and reports in assessing a tenant's rental application when prospective tenant is receiving a government rent subsidy such as a Section 8 rental voucher - (Effective January 1, 2024)
Assembly Bill 1764 is codified in relevant part as Civil Code § 1950.5. Effective January 1, 2024.

A landlord must offer "ability to pay" in lieu of reliance on credit history and reports in assessing a tenant's rental application when a prospective tenant is receiving a government rent subsidy such as a Section 8 rental voucher.

SB 267 makes it unlawful, in instances where there is a government rent subsidy, for a landlord to use a person's credit history as part of the application process for a rental accommodation without offering the applicant the option, at the applicant's discretion, of providing lawful, verifiable alternative evidence of reasonable ability to pay the portion of the rent to be paid by the tenant, including, but not limited to, government benefit payments, pay records, and bank statements.
SB 712 - Tenants may keep bicycles, e-bikes and other "micromobility" transport devices in their units. (Effective January 1, 2024)
When so offered, the applicant may elect to provide alternative evidence of reasonable ability to pay. In which case the landlord must provide the applicant reasonable time to respond with that alternative evidence and reasonably consider that alternative evidence in lieu of the person's credit history in determining whether to offer the rental accommodation to the applicant.

Nonetheless, the landlord may still request information or documentation to verify employment, to request landlord references, or to verify the identity of a person.

SB 712 prohibits a landlord from prohibiting a tenant from owning personal micromobility devices or from storing and recharging up to one personal micromobility device in their dwelling unit for each person occupying the unit, subject to certain conditions and exceptions.

Personal micromobility devices are things like bicycles, scooters, hoverboards, skateboards, and their electric counterparts such as an e-bike or e-scooter.

SB 712 prevents landlords from prohibiting tenants from owning personal micromobility devices and also prevents landlords from banning the storage and recharging of personal micromobility devices in their dwelling units if the devices meet certain criteria as follows - Either:

They are not powered by an electric motor, or

They comply with certain safety standards for e-bikes and e-scooters (see below), or

Failing compliance with such safety standards, the tenant has insurance covering storage of the device within the unit.

This law prohibits cities and counties from enacting local policies that:
Batteries for e-bikes should comply with either the UL 2849 standard, recognized by the United States Consumer Product Safety Commission, or the EN 15194 European Standard for electrically powered assisted cycles. E-scooters, on the other hand, need to align with the UL 2272 standard from the U.S. or the EN 17128 European Standard for personal light-electric vehicles.

However, landlords have the option to provide tenants with exterior "secure, long-term storage" for their devices. If such storage is offered without charge, landlords can prohibit the in-unit storage of these devices.

A landlord is not required to modify or approve a tenant's request to modify a rental dwelling unit for the purpose of storing a micromobility device inside of the dwelling unit. A landlord may prohibit repair or maintenance on batteries and motors of personal micromobility devices within a dwelling unit. A landlord can require a tenant to store a personal micromobility device in compliance with applicable fire code.

AB 1418 - Criminal Background Checks: Prohibition on local government "crime free" housing programs and ordinances. Prohibits local ordinances that penalize tenants and landlords for various types of law enforcement contacts, i.e., local "crime free" rental housing programs and ordinances. ( Effective January 1, 2024)

1) Require landlords to use criminal background checks. Make alleged criminal behavior, without a felony conviction, a basis to evict a tenant.

2) Require landlords to evict an entire household when a household member is convicted of a felony.
Comment: The prohibitions in this law are prohibitions against a local ordinance, rule, policy or program. They are not prohibitions against landlords themselves. For example, this law does not prevent a landlord from performing a criminal background check within the parameters of existing state and federal law. Nor does it prevent a landlord from evicting all tenants based on nuisance or the criminal activity of a single tenant. AB 12 - Security deposits limited to one month's rent. (Effective July 1, 2024)
3) Define nuisance behavior to include police contact, police service calls, or anything else outside the scope of the existing state definition of a nuisance.

4) Require landlords to include lease provisions that provide a basis for eviction beyond those in existing state law.

The law also prohibits a local government from promulgating, enforcing or implementing an ordinance, rule, policy, program, or regulation affecting tenancy, that does any of the following:

Imposes or threatens to impose a penalty against a resident, owner, tenant, landlord, or other person solely as a consequence of contact with a law enforcement agency.

Requires or encourages a landlord to do, or imposes a penalty, on a landlord for the failure to do, the following:

Evict or penalize a tenant because of the tenant's association with another tenant or household member who has had contact with a law enforcement agency or has a criminal conviction.

Evict or penalize a tenant because of the tenant's alleged unlawful conduct or arrest.

Include a provision in a lease or rental agreement that provides a ground for eviction not provided by, or that is in conflict with, state or federal law.

Perform a criminal background check of a tenant or a prospective tenant.

Defines as a nuisance, contact with a law enforcement agency, request for emergency assistance, or an act or omission that does not constitute a nuisance under California law.

Requires a tenant to obtain a certificate of occupancy as a condition of tenancy.

Establishes, maintains, or promotes a registry of tenants for the purposes of discouraging a landlord from renting to a tenant on the registry or excluding a tenant on the registry from rental housing within the local government's jurisdiction.

Assembly Bill 1317 -Landlord/Tenant: Unbundled Parking Spaces for 16 unit apartments in specified counties. (Effective for specified properties in which a certificate of occupancy was issued on or after January 1, 2025.)
Landlords may collect no more than one month's rent for either furnished or unfurnished units in addition to the first month's rent. There is an exception for small landlords, defined as a landlord who is a natural person or LLC, and owns no more than two residential rental properties with no more than a total of four units offered for rent.

AB 12, beginning July 1, 2024, prohibits a landlord from demanding or receiving security for a rental agreement for residential property in an amount or value in excess of an amount equal to one month's rent, regardless of whether the residential property is unfurnished or furnished, in addition to any rent for the first month paid on or before initial occupancy.

Exception for small landlords: A small landlord may demand or receive a deposit in an amount or value not in excess of two month's rent, whether or not the unit is furnished, in addition to any rent for the first month, if the landlord (1) is a natural person or a limited liability corporation in which all members are natural persons and (2) owns no more than two residential rental properties that collectively include no more than four dwelling units offered for rent. The exception for small landlords includes family trusts.
This law will only apply to units in which:
This small landlord exception does not apply if the prospective tenant is a service member.

Landlords who currently hold a security deposit or demand or collect a security deposit in excess of one month's rent prior to July 1, 2024, may continue to retain the security even if it is more than one month's rent.
SB 71 -Small Claims limit increased from $10,000 to $12,500 for natural persons among other limit increases - (Effective January 1, 2024.)
SB 567 - Tenant Protection Act: - (Effective April 1, 2024) Tightens up requirements for no fault evictions; adds damages, penalties, attorney fees and enforcement mechanisms for violations. (Please see the article following this one.)

Requires landlords to unbundle parking from the price of rent for the life of the property. The agreement to lease the parking spot shall not be included in a rental agreement or addendum. "Unbundled parking" means the practice of selling or leasing parking spaces separate from the lease of the residential property.

A tenant will have the right of first refusal to parking spaces built for their property. If no parking spaces are available for a new tenant, and a space subsequently becomes available, the new tenant will receive a right of first refusal to the available parking space.
Assembly Bill 537 - Vacation Rentals: disclosure of all mandatory fees - (Effective July 1, 2024)
Unleased parking spaces can be rented to other on-site users or off-site residential users on a month-to month basis.
For more detailed information, you can watch a recording of "California State Landlord/Tenant Law: 2024 Guide" on the AOAUSA YouTube Channel. After reading this laundry list of new anti-housing provider laws, you're probably wondering if it's even worth it to invest in rental property. Many forecasters are predicting that 2024 will be a bad year. "Survive until 2025" has been one mantra that I've heard spoken over 2024. One thing is for sure, "We all know that when we expect to succeed, we become more likely to take actions and make choices that lead to success. Conversely, if someone expects to fail, they may unwittingly engage in behaviors that contribute to failure. The Law of Expectations, in this context, becomes a catalyst for personal growth, propelling us to stretch beyond our own perceived limitations. We hope that your positive expectations lead you to many small choices that ultimately lead to great financial success in 2024! From everyone at AOA, we wish you a Happy New Year! The Law of Expectations" will be working for people one way or the other.
A tenant's failure to pay the parking fee pursuant to a separately leased parking agreement shall not form the basis of any UD action. If a tenant fails to pay by the 45th day following the date payment is owed for a separately leased parking space, the property owner may "revoke that tenant's right to lease that parking spot."

A certificate of occupancy is issued on or after January 1, 2025,

The property has at least 16 residential units and

The property is located in the following counties: (I)Alameda. (II)Fresno. (III)Los Angeles. (IV)Riverside. (V)Sacramento. (VI)San Bernardino. (VII)San Joaquin. (VIII)Santa Clara. (IX)Shasta. (X)Ventura.

There are exemptions for a residential property where the individual garage is "functionally a part of the property" and various types of deed-restricted affordable housing and housing built with specified tax credits.

Presently, the small claims court limit for a natural person is $10,000 (if no more than two claims in one calendar year). This is now increased to $12,500.

For a non-natural person, the limit is presently $5,000 (if no more than two claims in one calendar year). This is now raised to $6,250.

The threshold limits on a variety of other types of cases have also been raised.

However, if a person, either a natural person or an entity, brings more than two claims in a calendar year, then the threshold limit remains the same at $2,500.

AB 537 prohibits a place of short-term lodging, as defined, from advertising, displaying, or offering a room rate that does not include all fees or charges required to stay at the short-term lodging, except government-imposed taxes and fees.

Violations: Violations of provisions are subject to a specified civil penalty not to exceed $10,000 and would authorize an action to enforce those provisions may be brought by a city attorney, district attorney, county counsel, or the Attorney General.

# data[].attributes.attachment_link.title
New Rental Property Owner Laws for 2024 - AOAUSA

# data[].attributes.attachment_link.description
Below is a list of some new laws that will affect most owners of rental properties in California. To see each law in its entirety, please visit http://leginfo.legislature.ca.gov./ Assembly Bill 1620 -Right of disabled tenant in locally rent-controlled property to move to first floor unit at same rental rate - (Effective January 1, 2024) Allows...

# data[].attributes.headline
Attorney General gives legal guidance to law enforcement on unlawful lockouts

# data[].attributes.subject
Attorney General gives legal guidance to law enforcement on unlawful lockouts

# data[].attributes.body
California Attorney General Rob Bonta today issued legal guidance about steps law enforcement officers should take to prevent and respond to unlawful lockouts and self-help evictions.

# data[].attributes.attachment_link.provider_name
State of California - Department of Justice - Office of the Attorney General

# data[].attributes.attachment_link.readable_text
OAKLAND - California Attorney General Rob Bonta today issued legal guidance about steps law enforcement officers should take to prevent and respond to unlawful lockouts and self-help evictions. The California Department of Justice's Housing Strike Force has received reports of landlords trying to "evict" tenants by changing the locks on rental properties, shutting off water or electricity, or removing tenants' personal property. Under California law, the only lawful way to evict a tenant is to file a case in court. In today's guidance, Attorney General Bonta emphasizes that, when called to resolve a dispute between a landlord and tenant, law enforcement have a legal responsibility to intervene to prevent illegal evictions.

"Nearly 1.5 million renters in California are at risk of eviction, struggling to put together next month's rent as the cost of living continues to rise," said Attorney General Bonta. "While landlords may be frustrated, they have a responsibility to go through proper proceedings if eviction is the necessary next step. Let me be clear: That means filing a case in court. You cannot change the locks, shut off power, or remove personal property in order to force a tenant out of their home. These so-called self-help evictions are unlawful. Full stop. And you may be held civilly or criminally liable. Today's guidance underlines law enforcement's important role in responding to reports of illegal evictions and their responsibility to intervene to enforce the law and stop self-help evictions when they see them."

The Tenant Protection Act prohibits landlords from evicting most tenants without "just cause." The law sets out two kinds of evictions: "at fault" evictions and "no fault" evictions. At fault evictions include, for example, nonpayment of rent, criminal activity on the premises, and refusal to allow lawful entry. No fault evictions include, for example, owner move-in, substantial remodel that requires permits and will take more than 30 days, and intent to demolish the unit. Landlords can only evict a tenant for one of the reasons listed here. The only lawful way to evict a tenant is to file lawsuit and wait for the court to order the Sheriff or Marshal to carry out the eviction. Unlawful lockouts and self-help evictions are serious offenses and can result in major legal consequences, including law enforcement action or a private court case by the tenant.

In today's bulletin, Attorney General Bonta provides the following guidance for law enforcement called to a dispute between a landlord and tenant:

Law enforcement should never help a landlord evict a tenant by force or threats.

Only the Sheriff or Marshal, or their deputies, may evict a tenant, and only with a court order.

Other peace officers should not ask the tenant to leave their home.

Law enforcement should advise the landlord or other persons involved that it is a misdemeanor to force tenants out of a rental property and should instruct them to allow the tenant back into the home.

Law enforcement should advise the landlord to seek legal advice if they have an issue with the tenant or to lawfully evict the tenant.

Law enforcement should write a report about the incident even if no arrest is made.

Attorney General Bonta is committed to advancing housing access, affordability, and equity in California, including protecting and promoting tenants' rights. In November, Attorney General Bonta announced the creation of the Housing Strike Force and launched a Housing Portal on DOJ's website with resources and information for California homeowners and tenants. Soon after, Attorney General Bonta secured a $3.5 million judgment against Wedgewood that resolved allegations that the company was unlawfully evicting tenants from properties purchased at foreclosure sales. Attorney General Bonta also sent warning letters to law firms across the state that represent landlords in eviction cases after being notified that some firms and their clients may have violated the law.

The Housing Strike Force encourages Californians to send complaints or tips related to housing to housing@doj.ca.gov. To find a free legal aid attorney in your area, visit https://lawhelpca.org.

A copy of the bulletin can be found here.

# data[].attributes.attachment_link.title
Attorney General Bonta Issues Legal Guidance for Law Enforcement Responding to Unlawful Lockouts and Self-Help Evictions

# data[].attributes.attachment_link.description
OAKLAND - California Attorney General Rob Bonta today issued legal guidance about steps law enforcement officers should take to prevent and respond to unlawful lockouts and self-help evictions. The California Department of Justice's Housing Strike Force has received reports of landlords trying to "evict" tenants by changing the locks on rental properties, shutting off water or electricity, or removing tenants' personal property.

# data[].attributes.headline
State: Attorney General alerts City & County about New Enforcement Authority under AB 1482

# data[].attributes.subject
State: Attorney General alerts City & County about New Enforcement Authority under AB 1482

# data[].attributes.body
Effective as of April 1, 2024, Senate Bill 567 (SB 567) strengthens the TPA’s protections, creates new remedies for violations, and gives all city attorneys and county counsel express authority to enforce the TPA directly.

# data[].attributes.attachment_link.provider_name
State of California - Department of Justice - Office of the Attorney General

# data[].attributes.attachment_link.readable_text
OAKLAND - California Attorney General Rob Bonta today issued an information bulletin to city attorneys and county counsel, reminding them of their new enforcement authority under California's recently amended Tenant Protection Act (TPA). Co-authored by Attorney General Bonta during his time as a state assemblymember, the TPA was signed into law by Governor Gavin Newsom in 2019. It created significant statewide protections for most tenants, including by limiting rent increases and prohibiting landlords from evicting tenants without just cause. Effective as of April 1, 2024, Senate Bill 567 (SB 567) strengthens the TPA's protections, creates new remedies for violations, and gives all city attorneys and county counsel express authority to enforce the TPA directly.

"The Tenant Protection Act is a powerful tool that my office has used to protect renters from unscrupulous landlords. Thanks to SB 567, all city attorneys and county counsel now also have the express authority to enforce the Tenant Protection Act, and I encourage them to do so," said Attorney General Bonta. "My office stands ready to offer assistance to any city attorney or county counsel that may need it - we all have a role to play in keeping Californians secure in their homes."

The TPA prohibits landlords from evicting tenants without just cause. SB 567 imposes requirements designed to prevent landlords from falsely claiming a just cause basis for eviction. The TPA also prohibits landlords from raising rent more than 10% total or 5% plus the percentage change in the cost of living, whichever is lower, over a 12-month period. Earlier this year, the California Attorney General's Office published a consumer alert, available in 24 languages, with a chart outlining the maximum rent increase currently allowed under the TPA. Under SB 567, landlords who violate the TPA may be liable to tenants for damages, attorneys' fees and costs, and other relief.

In today's information bulletin, Attorney General Bonta underscores that:

City attorneys and county counsel may, in the name of their city or county, seek injunctive relief based on violations of the TPA for rental units within their jurisdiction. This new authority is in addition to any other existing authority city attorneys and county counsel have to enforce violations of landlord-tenant laws, such as local ordinances or, if applicable, under Business and Professions Code section 17200.

If they receive reports from tenants, legal aid organizations, tenant advocates, or other local officials about violations of the TPA, city attorneys and county counsel are encouraged to use their authority to investigate those reports and, if appropriate, file suit to seek an injunction on behalf of their city or county to stop misconduct they identify.

Injunctions are a powerful remedy. In addition to prohibiting unlawful conduct, courts have broad authority to impose affirmative injunctive terms on wrongdoers to ensure that their bad acts do not continue.

Attorney General Bonta is committed to protecting tenants. On February 28, 2024, he secured a settlement with two Bakersfield landlords and their property management company to resolve allegations that they violated the TPA and the Fair Employment Housing Act by unlawfully evicting tenants and raising rents. Furthermore, on January 8, 2024, he secured a settlement with Invitation Homes to resolve allegations that the company violated the TPA and California's price-gouging law by unlawfully increasing rents on approximately 1,900 homes, as well as a settlement with Green Valley Corporation on June 14, 2023 to resolve allegations that the company violated the TPA by issuing unlawful rent increases to several of its employee tenants and serving unlawful eviction notices to a subset of those tenants. Attorney General Bonta also issued letters to California housing authorities making clear that tenants who receive Section 8 Housing Choice Vouchers are protected by the TPA and urging the housing authorities to not approve proposed rent increases for Section 8 voucher recipients that exceed state and local rent caps. Moreover, he issued legal guidance about steps law-enforcement officers should take to prevent and respond to unlawful lockouts and other illegal evictions.

A copy of the information bulletin is available here.

# data[].attributes.attachment_link.title
Attorney General Bonta Alerts City Attorneys and County Counsel of New Enforcement Authority under the Tenant Protection Act

# data[].attributes.attachment_link.description
OAKLAND - California Attorney General Rob Bonta today issued an information bulletin to city attorneys and county counsel, reminding them of their new enforcement authority under California's recently amended Tenant Protection Act (TPA). Co-authored by Attorney General Bonta during his time as a state assemblymember, the TPA was signed into law by Governor Gavin Newsom in 2019.

# data[].attributes.body
CA Department of Justice website for Landlord and Tenants Issues

# data[].attributes.attachment_link.provider_name
State of California - Department of Justice - Office of the Attorney General

# data[].attributes.attachment_link.description
As a tenant, knowing your rights is critical. Under California law, residential tenants are protected from certain rent increases and may be protected from certain types of evictions. It is important to act quickly if your landlord serves you with an eviction notice, tells you to move out, increases your rent illegally, or if you know cannot afford your rent. Many legal processes affecting tenants move swiftly, so do not ignore important notices. Instead, reach out for legal assistance as soon as possible to discuss your options.

# data[].attributes.attachment_link.description
Tenant Protection Program was created to assist residential tenants with increasing rental rates by establishing limits on annual rent increases.

# data[].attributes.headline
2024 Guide for Tenants in LIHTC Properties

# data[].attributes.subject
2024 Guide for Tenants in LIHTC Properties

# data[].attributes.body
A Guide to Tenants' Rights in the LIHTC Program

# data[].attributes.body
LIHTC Resource for Tenants: Legal Authority and Resources

# data[].attributes.body
Housing assistance resources for Medi-Cal members health-related social needs.

# data[].attributes.body
Security deposit help up to $1500

# data[].attributes.attachment_link.title
Report Housing Discrimination – Main Page

# data[].attributes.attachment_link.description
Home / FHEO Home / Report Housing Discrimination – Main Page

# data[].attributes.body
Formerly known as Dept of Fair Housing and Equal Employment Opportunity

# data[].attributes.attachment_link.readable_text
When someone files a discrimination complaint, CRD evaluates the facts and decides whether to accept the case for investigation. If it accepts the case, CRD independently investigates the facts and the legal issues. This involves reviewing respondents' responses to complaints and other information and evidence that complainants and respondents submit, among other things. CRD attempts to resolve the dispute in appropriate cases. CRD may also decide to take legal action.

Intake
Interview Materials

File a Complaint

The First Steps:

If you feel you were the victim of discrimination, CRD is available to investigate and help settle your complaint. To begin this process, gather the information listed below and file an intake form in one of three ways:

If you decide to use the CRD investigation process, you will need to gather the following:

The specific facts and any records about the incident(s), including the name and contact information of the person or entity you believe harmed you (if known);

Copies of any documents or other evidence related to your complaint; and

The names and contact information of any witnesses (if known).

In employment cases, you must do this within three years of the date you were harmed. In most other cases, you must do this within one year of the date you were harmed. In employment cases only, you must obtain from CRD a Right-to-Sue notice before filing your own lawsuit in court. If you would prefer not to use the CRD investigation process and instead file your own lawsuit, you can obtain an immediate Right-To-Sue notice.

CRD will evaluate the allegations in the intake form and decide whether the laws that CRD enforces cover these allegations.

Understand that CRD can only investigate violations of certain civil rights laws. While many people believe they were treated unfairly, CRD can only accept cases if one of the laws it enforces may have been violated. If your complaint is not accepted for investigation, it is not because CRD does not believe you were treated unfairly. Rather it is because your complaint, if proven, would not violate the civil rights laws that CRD enforces.

If these laws cover your allegations, CRD will prepare a complaint form for your signature. When you return the signed complaint, it will be delivered to the person or entity that you believe discriminated against you (called the respondent).

In most cases, the filing of a complaint does not mean that CRD has already determined whether there is reasonable cause to believe any laws have been violated. Instead, it means that CRD has preliminarily determined that the laws that the department enforces cover the complaint's parties and allegations.

The Next Steps:

Although CRD may provide legal services and advice for complainants who are seeking relief for alleged civil rights violations, the department independently investigates and assesses the facts and legal issues in each case. These investigations and assessments include, among other things, reviewing information and evidence from complainants, respondents, or other sources. When a respondent answers a complaint, CRD reviews it with the complainant.

As appropriate or required by law, CRD attempts to resolve complaints through the free dispute resolution services that that CRD offers to parties.

Unless a complaint has already been resolved, CRD uses the facts obtained through its investigation to determine if there is reasonable cause to believe that a law the department enforces has been violated. If not, the case is closed. If there is reasonable cause, CRD notifies the parties of this determination and may notify them that the department intends to file a lawsuit in court.

But before CRD files a lawsuit, it typically requires the parties to go to mediation. This mediation provides another opportunity to reach an agreement to resolve the dispute. If the case is not settled during this mediation, CRD may proceed with filing its lawsuit in a court.
Complaint Process Flowchart (PDF)

Intake Interview Materials

In order for CRD to prepare a complaint and initiate an investigation, you will need to provide specific dates when you believed you were harmed. Depending on the facts of your case, you may have the following documents that we recommend you bring to your scheduled intake interview with a CRD representative.

Respond to a Complaint

You can respond to a complaint two ways:

Via US mail. Send your response to: 2218 Kausen Drive, Suite 100, Elk Grove, CA 95758.

Using our online California Civil Rights System (CCRS).

Create an account on the Cal Civil Rights System for yourself. All you need is a valid email address and a phone number.

Once you have an account, call 800-884-1684. Our staff will associate your account with the complaint.

Log into your CCRS account. You will see the CRD complaint number. Click on the file button and select the files you wish to upload.

If you are served with a complaint, it is only after CRD has screened the information provided to ensure the allegations are with CRD jurisdiction. CRD screens all initial claims and rejects those that do not allege violations of the laws we enforce.. In most cases, the filing of a complaint does not mean that CRD has already determined whether there is reasonable cause to believe a civil rights law has been violated. Rather, it means that CRD has preliminarily determined that the laws that the department enforces cover the complaint's parties and allegations. We investigate the facts and encourage parties to resolve the dispute in appropriate cases. CRD considers taking legal action if the dispute is not resolved and evidence supports a reasonable cause determination.

If you are served with a complaint, you must provide a response within the time specified by CRD in the letter accompanying the complaint. You are free to hire or consult with a lawyer, but the process does not require a lawyer. Here is what to expect after you have responded to the complaint:

You may be interviewed by CRD and/or asked for records and documents.

CRD offers free dispute resolution services to encourage parties to resolve the complaint in appropriate cases.

When parties can't resolve a complaint, CRD continues an investigation to determine if there is reasonable cause to believe that a civil rights law has been violated. If not, the case is closed.

If CRD makes a reasonable cause determination, the parties are typically required to go to mediation. At mediation, the parties have the opportunity to reach an agreement to resolve the dispute and close the case.

If the case is not resolved in a mediation, CRD may file a lawsuit in court.

Here is a link to the full regulations and what resources are available from CRD.

Possible Outcomes

Recovery of out-of-pocket losses

An injunction prohibiting the unlawful practice

Access to housing or a job opportunity

Policy changes

Training

Reasonable accommodation(s)

Damages (money) for emotional distress

Civil penalties and punitive damages (money)

Accessibility Information

CRD provides assistance to anyone who needs help accessing and understanding our information. Please contact us to arrange an accommodation if you have a disability or need translation into your native language.

For an accommodation:

For translation help:

For Interpretation:

Check Complaint Status

You can check the status of your pending complaint:

Online

If you already have an online account in our California Civil Rights System (CCRS), simply click on your CRD case number.

If you do not have an online account yet, it's easy! To create an account, all you need is a valid email address and phone number. Once you create your account, and log in, you will see a list of the cases you have with CRD. Click on the case you would like information on.

By phone or email

Call the staff member handling your case. If you have lost that information, or need other help regarding a specific matter, contact us.

Appealing a Complaint Decision

General information

If a party is dissatisfied with the outcome of the investigation, and the case has not been settled or accepted by CRD to file a lawsuit in court, that party may appeal CRD's closure of the case. The first step in filing an appeal with CRD is to review the closure letter you received. The closure letter will state that you have ten (10) calendar days from receipt of the closure letter to submit an appeal, and will provide instructions on what the appeal should contain. It is important that your appeal clearly state what specifically you would like reviewed during the appeal. For example, if CRD was unable to interview all of your witnesses or gather certain evidence, your appeal should identify the name of the witness and provide their contact information or specify the evidence that you believe was overlooked. Or, if you believe that CRD misapplied the law, your appeal should describe what you understand the law to be.

An appeal is not an opportunity to re-do an investigation. Therefore, you should try to provide all relevant information during the investigation.

The closure letter will direct you to submit your appeal to one of the following:

The investigator's supervisor (the closure letter will contain the supervisor's contact information); or

The Appeals Unit

By mail

Department of Fair Employment and Housing
Attention: Appeals Unit
2218 Kausen Drive, Suite 100
Elk Grove, CA 95758

By phone

Call our Communication Center at (800) 884-1684, (800) 700-2320 (TTY) or California's Relay Service at 711

By email

Appeals@calcivilrights.ca.gov

It is very important that you follow the instructions in the closure letter to ensure that you file your appeal in a timely manner to the correct person or unit.

What to expect

Once you submit your appeal to the appropriate person or unit, you can expect the following:

Things to keep in mind

Once your case is closed and you have filed an appeal with the Appeals Unit, you are strongly encouraged to seek the advice of an attorney to explore your legal options. You are encouraged to not wait until the appeal process is over to decide if you will file a civil lawsuit. Remember, there is a statutory time limit by which you must file a civil lawsuit in court; this statutory time limit is set forth in your closure letter.

The appeal process may not toll (or pause) the statutory time limit by which you must file a civil lawsuit in court.

Check on the status of your appeal

To check the status of your pending appeal, contact the person or unit you submitted your appeal to. Be sure to include your assigned CRD case number on all correspondence.

FAQ

Yes. Do not hesitate to contact the assigned investigator to discuss the complaint. If the file contains additional non-confidential information about the allegations that are not shown on the official complaint, the investigator verbally may share this information with the respondent.

CRD seeks a response to all the allegations in the complaint, along with the production of documents and identification of witnesses with information that is relevant to the complaint. This information will assist the department in assessing the complaint's claims and allegations. It is in the Respondent's interest to provide an effective position statement that focuses on the facts. An effective response is clear, concise, and complete. It should explain the Respondent's version of the facts and specifically identify relevant specific documents, evidence, and witnesses. This will can help CRD accelerate the investigation and tailor its requests for additional information.

Firing an employee for filing a complaint with CRD is illegal retaliation. If you disciplined an employee for violating a company policy or for poor performance, without any intention of firing the employee, you will be in violation of the Fair Employment and Housing Act (FEHA) if you discharge the employee for filing a complaint.

As an employer, you cannot file an employment discrimination complaint with CRD against an employee. CRD investigates only complaints filed by individuals who believe they have been the victim of unlawful discrimination in violation of the FEHA. However, if an employee refuses or threatens to refuse to comply with the FEHA, you can file a complaint with CRD asking for assistance through mediation or other remedial action.

CRD does not share investigative records of open case files Once a case is closed, parties may request copies of the file. The information CRD releases is governed by the Public Records Act and relevant privileges.

CRD retains records for three years after a case is closed.

Frequently Used Terms

Here are the definitions of some of the words and phrases used frequently at the Civil Rights Department:

The precise legal definitions of these words and phrases are found in the Laws and Regulations that govern CRD. In all cases, those prevail.

# data[].attributes.attachment_link.title
Home | Where to volunteer in Sacramento to make a difference

# data[].attributes.attachment_link.description
COALITION OF CONCERNED LEGAL PROFESSIONALS (CCLP) is a free and voluntary, unincorporated private membership association of attorneys, law students, paralegals, court reporters and others

# data[].attributes.attachment_link.description
Legal Link partners with trusted, community-based organizations to help their clients navigate the legal system. Whether or not a legal service provider can assist a potential client is entirely up to the legal service provider, and this website creates no attorney-client relationships.

# data[].attributes.attachment_link.title
Housing/Shelter - Rent Assistance | 211 Sacramento

# data[].attributes.attachment_link.title
Eviction cases in California | California Courts | Self Help Guide

# data[].attributes.attachment_link.description
State law protects some tenants from eviction for unpaid rent due from March 1, 2020 to March 31, 2022. Get more information about who qualifie

# data[].attributes.body
Submit this form with your Answer (UD 105) form.

# data[].attributes.attachment_link.title
Request/Counter-Request to Set Case for Trial—Unlawful Detainer | California Courts | Self Help Guide

# data[].attributes.attachment_link.title
thetenantslawfirm | Twitter, Instagram | Linktree

# data[].attributes.headline
Section 8 - Resident Rights & Responsibilities brochure

# data[].attributes.subject
Section 8 - Resident Rights & Responsibilities brochure

# data[].attributes.body
This include info on tenants’ rights to organize.

# data[].attributes.headline
Landlord cannot demand rent when the following conditions exist....

# data[].attributes.subject
Landlord cannot demand rent when the following conditions exist....

# data[].attributes.attachment_link.readable_text
Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.

Search California Codes

Search by Keyword or Citation

(a)?A landlord of a dwelling may not demand rent, collect rent, issue a notice of a rent increase, or issue a three-day notice to pay rent or quit pursuant to subdivision (2) of Section 1161 of the Code of Civil Procedure, if all of the following conditions exist prior to the landlord's demand or notice:

(2)?A public officer or employee who is responsible for the enforcement of any housing law, after inspecting the premises, has notified the landlord or the landlord's agent in writing of his or her obligations to abate the nuisance or repair the substandard conditions.

(3)?The conditions have existed and have not been abated 35 days beyond the date of service of the notice specified in paragraph (2) and the delay is without good cause. ?For purposes of this subdivision, service shall be complete at the time of deposit in the United States mail.

(4)?The conditions were not caused by an act or omission of the tenant or lessee in violation of Section 1929 or .

(b)(1)?A landlord who violates this section is liable to the tenant or lessee for the actual damages sustained by the tenant or lessee and special damages of not less than one hundred dollars ($100) and not more than five thousand dollars ($5,000).

(2)?The prevailing party shall be entitled to recovery of reasonable attorney's fees and costs of the suit in an amount fixed by the court.

(c)?Any court that awards damages under this section may also order the landlord to abate any nuisance at the rental dwelling and to repair any substandard conditions of the rental dwelling, as defined in Section 1941.1, which significantly or materially affect the health or safety of the occupants of the rental dwelling and are uncorrected. ?If the court orders repairs or corrections, or both, the court's jurisdiction continues over the matter for the purpose of ensuring compliance.

(d)?The tenant or lessee shall be under no obligation to undertake any other remedy prior to exercising his or her rights under this section.

(e)?Any action under this section may be maintained in small claims court if the claim does not exceed the jurisdictional limit of that court.

(f)?The remedy provided by this section may be utilized in addition to any other remedy provided by this chapter, the rental agreement, lease, or other applicable statutory or common law. ?Nothing in this section shall require any landlord to comply with this section if he or she pursues his or her rights pursuant to Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code.

Cite this article: FindLaw.com - California Code, Civil Code - CIV § 1942.4 - last updated January 01, 2019 | https://codes.findlaw.com/ca/civil-code/civ-sect-1942-4/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

# data[].attributes.attachment_link.title
California Code, Civil Code - CIV § 1942.4 | FindLaw

# data[].attributes.attachment_link.description
Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.

# data[].attributes.headline
Call 211 for Problem-Solving Assistance Funds

# data[].attributes.subject
Call 211 for Problem-Solving Assistance Funds

# data[].attributes.body
Request access to the Problem-Solving Assistance Fund. It is a one-time or limited financial assistance service to help participants in the event of minimal financial need to resolve their housing crisis or homelessness rapidly.

# data[].attributes.attachment_link.readable_text
211 connects you to expert, caring help. Every call is completely confidential.

What are you looking for today?

This phone call has given me more hope than I ever thought possible. I have been beaten down for so long and told that I could never be anything. Just talking with you meant even more than all the resources you gave me.

United Way of Central Maryland 211 Client

Referrals to help and resources were made by the 211 network in 2022.

If it were not for your help, I don't know what I would have done without food. It's been too dangerous to go out and I can't afford to be at risk.

211 Miami Client

Average increase in 211 call volume throughout 2020 due to COVID-19 pandemic.

211 saved my life. It was below freezing, and I had nowhere to sleep. They helped me find a place to stay and create a plan to get my life back.

Cleveland 211 Client

People call 211 for assistance with housing, homelessness, and utility bills every year.

Partner with Us

Whether you provide local services, operate a national non-profit, or represent a company that wants to help more people, 211 can help. Across the country, 211s are vital partners to hundreds of organizations, businesses, and government agencies.

Learn more about our work with partners like the Ad Council, IBM, Lyft, SingleCare, and join us today.

Not sure where to start? We can help. Call 211

# data[].attributes.attachment_link.description
Get help paying bills, finding food, and locating other resources near you. Call 211 now for confidential help from a caring expert.

# data[].attributes.body
Get involved by contacting their office at sacramento@calorganize.org or calling them at (916) 288-8829

# data[].attributes.attachment_link.readable_text
Sacramento ACCE Action currently has several committees and tenant unions countywide working on housing justice! From neighbors holding their slumlords accountable to being on the front-line of major statewide policy campaigns like COVID-19 Rental Assistance program.

Contact Us

4600 47th Ave. Suite 206
Sacramento, CA 95824

916-288-8829 ext. 303

For press inquiries contact:
[email protected]

Sacramento Civic Engagement

Shifting the Electorate; Sacramento is in a rapidly shifting region of the state. But while the city's demographics are changing, the old guard politics remain. We know that for Sacramentians to win progressive policies we need to shift the electorate to more closely match the city's population AND we need to make sure those newly activated voters show up and vote their values at the polls. Sacramento ACCE is building out its electoral work by carrying out regular voter outreach programs with the help of dedicated staff and motivated volunteer precinct captains. Our goal is to build a base of 20,000 low propensity voters who we can count on to show up at the polls, at city council, and at the capitol to fight for the policies their communities want and need.

SACRAMENTO HOUSING JUSTICE!

ACCE Members are playing a critical role in fighting for stronger tenant protections throughout Sacramento. Through continuous organizing, we're able to create change by facilitating opportunities for renters to share their stories with the press, come to organizing meetings, making phone calls to legislators, protest, lobby visits with legislators, and continue to get more tenants to join us, raise their voices and fight back.

Get involved by contacting our office today at or calling us at (916)288-8829.

If you are a tenant who needs immediate help and/or wants to learn your RIGHTS as a TENANT, attend our weekly Defend Your Homes Workshop on Thursdays at 6:30pm. Register here.

Sacramento Tenant Self Check & Code Enforcement

While the COVID-19 pandemic has exacerbated our already problematic housing crisis in Sacramento, more & more tenants are being harassed, threatened, & retaliated for exercising their Rights! Our committee of ACCE leaders believe that to ensure safe & sustainable rental units there needs to be a simpler way to connect with Code Enforcement when property managers & or landlords are not working with them to maintain the property. They also believe that an open relationship with City Council members, City Staff & Code Enforcement is needed to support one & other to be able to work on these issues together. Staff & tenants have had no luck reaching out to Code Enforcement staff by email or phone initiate a meeting. We have launched our own ACCE tool to support tenants in inspecting their rental units. This Tenant Self Check form was developed for tenants to be able to easily report their rental units & be supported as property owners are already supported by Code Enforcement, city staff & the California Apartment Association. We aim to identify trends in slumlord tactics and work with the City of Sacramento to hold these Slumlords accountable.

# data[].attributes.attachment_link.description
Sacramento ACCE Action currently has several committees and tenant unions countywide working on housing justice! From neighbors holding their slumlords accountable to being on the front-line of major statewide policy campaigns like COVID-19 Rental Assistance program. 4600 47th Ave. Suite 206Sacramento, CA 95824 916-288-8829 ext.

# data[].attributes.attachment_link.readable_text
Those in need of legal advice or the services of an attorney may obtain legal assistance from the following agencies:

This resource guide is provided to assist the public in locating legal services. The court does not endorse or warrant the services of these groups or any other groups. Court staff is not authorized to decide which legal forms you need or to advise you on how the law might apply to you.

Unlawful Detainer Advisory Clinic

Location: Carol Miller Justice Center, 301 Bicentennial Circle, Room 300, Sacramento, CA 95826

Hours: 8:00 a.m. to 12:00 p.m., and 1:00 p.m. to 4:00 p.m., Monday - Friday, excluding court holidays.

The walk-in Advisory Clinic is currently closed to the public due to the COVID-19 pandemic. For legal assistance, please email the Advisory Clinic at SCUDAdvisors@saccourt.ca.gov or call (916) 875-7846.

Legal Services of Northern California - external link

515 12th Street, Sacramento

Monday - Friday: 8:30 a.m. to 12:00 p.m. and 1:00 p.m. to 5:00 p.m.

Civil, Unlawful Detainer, Probate, Family Law and Public Benefits.

Available for low-income clients only.

916-551-2150

Attorney Referral Services (Sacramento County Bar Assoc.) - external link

Senior Legal Hotline - external link

Part of Legal Services of Northern California

Call for a free confidential consultation for Northern California residents age 60 and over.

Social Security/SSI, Medi-Cal, Wills/Trusts/Probate and more.

916-551-2140

1-800-222-1753

2-1-1 Sacramento - external link

909 12th Street, Suite 200, Sacramento

24 hours, seven days a week

Language Interpretation Services and TDD Line available

Community Resource Referral-all subject matters

Must Call

Dial 2-1-1 or call (916-498-1000)

For more information regarding general Unlawful Detainer issues, visit the California Department of Consumer Affairs - external link .

# data[].attributes.attachment_link.description
Those in need of legal advice or the services of an attorney may obtain legal assistance from the following agencies: This resource guide is provided to assist the public in locating legal services. The court does not endorse or warrant the services of these groups or any other groups.

# data[].attributes.attachment_link.title
Cal Indian Legal Services - California Indian Legal Services

# data[].attributes.attachment_link.description
CILS is one of the oldest not-for-profit law firms in the country that is devoted exclusively to the cause of Native American rights in California. Governed by a Board of Trustees and endorsed by California tribes and tribal organizations, CILS has provided free and low-cost legal services to California tribes, tribal organizations, and Native American individuals throughout the State since 1967.

# data[].attributes.body
Sliding Scale

# data[].attributes.attachment_link.readable_text
Credit Defense

Learn what credit is and how to protect yourself from unlawful creditors. We know that credit is apart of the class system, so from Know Your Rights to legal representation, trust that SJL has your interests at heart.

# data[].attributes.attachment_link.description
Free or low-Cost legal services The Sacramento Justice League is a nonprofit corporation in Sacramento that aims to provide low-income Sacramento County residents equal access to legal services in the areas of law that impact these residents the most; to continue to develop programs that will meet the needs of the community and fill in...

# data[].attributes.attachment_link.readable_text
If only every personal injury attorney in Sacramento would or could focus on their client's needs. Unfortunately, many local personal injury lawyers have taken on too many clients or do not listen to their clients due to ego.

From the moment you walk through the door at Miller Injury Attorneys, you become our primary focus. We understand that these accidents can be devastating and the aftermath can be a confusing and stressful process.

With more than 30 years of experience handling personal injury cases, we have answers to many of the questions you may have: Where do I get medical care? How can I prove my injury is someone else's fault? Can I wait to pay medical bills until after I get compensation? We can guide you through the best course of action following your injury.

You also deserve to know how your case is going. We walk our clients through every step of the process, making sure they understand their situation and what to expect in the future. We want you to recover as quickly as possible, so we handle the bulk of the work while making ourselves available to you whenever you need us.

Don't Wait to File Your Claim!

According to the California Code of Civil Procedure section 335.1 the statute of limitations for personal injury cases in California is two years. A statute of limitations is the time limit injury victims have to file a claim before they lose their right to recover compensation.

This means in California, you have two years from the date of your injury to file a claim or you will not be able to do so. In some cases statute of limitations can be extended, an attorney from our firm can let you know if you qualify. Contact our firm today to speak to an attorney.

Types of Injury Claims We Handle

When you have been injured in an accident and you are seeking compensation for your suffering, it is within your best interest to file an injury claim with a skilled personal injury lawyer in Sacramento. Our dedicated attorney has experience in multiple types of injury claims, and can help you navigate the negotiations from insurance companies.
Miller Injury Attorneys handles injury claims including, but not limited to the following:

Car Accidents: If you have been involved in a car accident, it was most likely due to the fault of a driver who was not paying attention. Common car accidents may be the result of distracted driving, rear end collisions, rollover collisions, side-impact collisions, drunk driving, and many more.

Toxic Mold: Mold which develops inside of building can be harmful to one's health and damage. Symptoms of toxic mold exposure may include flu-like symptoms, headaches, skin rashes, bloody noses, allergies, chest pain, and more.

Landlord Disputes: Tenants in Sacramento have the right to seek justice if they have been wrongfully evicted or sustained damages as a result of defective, dangerous, or uninhabitable conditions. An attorney in Sacramento at Miller Injury Attorneys can help you navigate this difficult time by seeking justice for your suffering.

Wrongful Death: Losing a loved one is a terrible event, and when your family member passes away due to the negligence of another, this can be traumatizing. You have the right to seek justice and receive compensation on behalf of the deceased by filing a wrongful death claim.

Product Liability: When you are injured by a product that you trusted, you may be able to hold a manufacturer responsible for your injuries. Defective products may include medical products, prescription drugs, toxic mold in an apartment, and much more.

# data[].attributes.attachment_link.description
If only every personal injury attorney in Sacramento would or could focus on their client's needs. Unfortunately, many local personal injury lawyers have taken on too many clients or do not listen to their clients due to ego. From the moment you walk through the door at Miller Injury Attorneys, you become our primary focus.

# data[].attributes.attachment_link.readable_text
We are passionate advocates for victims of serious accidents.

We are passionate advocates for victims of housing discrimination.

We are passionate advocates for victims of consumer rights violations.

# data[].attributes.attachment_link.description
We are passionate advocates for victims of serious accidents. We are passionate advocates for victims of housing discrimination. We are passionate advocates for victims of consumer rights violations.

# data[].attributes.attachment_link.description
If you are an individual, family member, or advocate for someone with a disability and have questions about legal rights related to your disability, call:

# data[].attributes.headline
Contracts & Agreements: The Implied Covenant of Good Faith and Fair Dealing

# data[].attributes.subject
Contracts & Agreements: The Implied Covenant of Good Faith and Fair Dealing

# data[].attributes.body
Important as it pertains to contracts & lease agreements are contracts

# data[].attributes.attachment_link.provider_name
State of California - Department of Justice - Office of the Attorney General

# data[].attributes.attachment_link.readable_text
What is price gouging?

Price gouging refers to sellers trying to take unfair advantage of consumers during an emergency or disaster by greatly increasing prices for essential consumer goods and services.

Is price gouging illegal in California?

Yes, in certain circumstances. California's anti-price gouging statute, Penal Code Section 396, prohibits raising the price of many consumer goods and services by more than 10% after an emergency has been declared. For items or services a seller only started offering after an emergency is declared, the seller may not charge a price greater than 50% of what it cost the seller to provide the item or service.

Local laws may also contain their own prohibitions on price gouging.

When does California's anti-price gouging statute apply?

Price gouging protections apply immediately after the President of the United States, the Governor of California, or a city or county executive officer declares a state of emergency. These protections generally apply for 30 days after a declaration of emergency, although for reconstruction services and emergency cleanup services, protections apply for 180 days after a declaration of emergency. The fact that an emergency is continuing does not, by itself, extend price gouging protections beyond their initial expiration, but state and local officials may extend price gouging protections beyond these timeframes by additional orders.

How can I find out if a declaration of emergency is in effect?

Emergency declarations issued by the Governor are generally available on the Governor's website at gov.ca.gov. The Office of Emergency Services also maintains a list of such orders issued by the Governor at https://www.caloes.ca.gov/cal-oes-divisions/legal-affairs/price-gouging. For information on locally declared emergencies you should contact the applicable city or county.

Some cities and counties also have their own price gouging ordinances. For information on whether a local ordinance is in effect, please contact the applicable city or county.

Who is subject to the statute?

Individuals, businesses, and other entities must comply with the statute. The statute applies to all sellers, including manufacturers, wholesalers, distributors, and retailers. It also covers all sales, including sales to individuals and families, businesses and other organizations, and government agencies.

What goods and services are covered by the statute?

The statute applies to the following major necessities: lodging (including permanent or temporary rental housing, hotels, motels, and mobilehomes); food and drink (including food and drink for animals); emergency supplies such as water, flashlights, radios, batteries, candles, blankets, soaps, diapers, temporary shelters, tape, toiletries, plywood, nails, and hammers; and medical supplies such as prescription and nonprescription medications, bandages, gauze, isopropyl alcohol, and antibacterial products.

It also applies to other goods and services including: home heating oil; building materials, including lumber, construction tools, and windows; transportation; freight; storage services; gasoline and other motor fuels; and repair and reconstruction services.

The goods and services listed above are just examples; the statute's protections are not strictly limited to these items.

What if I experienced price increases outside of the city or county where the emergency or disaster is occurring or occurred?

The statute does not restrict its protection to a city or county where the emergency or disaster is located. In addition to applying in the city or county covered by the declaration, it is intended to prevent price gouging elsewhere in the state where there is increased consumer demand as a result of the declared emergency. For example, if a fire in San Diego County causes residents to evacuate to neighboring Imperial County, hotels in Imperial County may not raise rates by more than 10% to take advantage of the increase in demand for lodging.

What if a seller increased the price of a good or service because the seller's costs of providing the good or service increased?

If the seller can prove that the increased price is directly attributable to increases in the cost of labor or materials needed to provide the good or service, the seller may not be liable under the statute. It's important to note that manufacturers, wholesalers, and distributors must also comply with the statute when selling covered goods or services to a retailer.

How does the statute affect rental housing?

As with all other covered goods and services, following a declaration of emergency, the statute generally prohibits landlords from increasing the price of rental housing by more than 10% of the previously charged or advertised price. For rental housing that was not rented or advertised for rent prior to a declaration of emergency, the price cannot exceed 160% of the fair market value of the rental housing as established by the U.S. Department of Housing and Urban Development.

For rental housing advertised or rented on a daily basis, such as an AirBnB or VRBO listing, the daily price may not be increased by more than 10% following a declaration of emergency. For rental housing advertised or rented on a daily basis prior to a declaration of emergency but offered on a full-time or monthly basis following a declaration of emergency, the price may not exceed 160% of the fair market value of the rental housing as established by the U.S. Department of Housing and Urban Development.

A landlord may not justify an otherwise unlawful price increase by providing additional services such as gardening, cleaning, or utilities, or because they are now offering a shorter lease term. Similarly, a landlord may not charge more than the allowable price because an insurance company offered to pay a higher price.

Finally, the statute also makes it a separate misdemeanor for a landlord to evict a tenant and then re-rent the property at a rate that the landlord would have been prohibited from charging the evicted tenant under the price gouging statute.

Landlords should be aware that in addition to statewide price gouging emergencies, their properties may also be subject to protections as a result of local emergency proclamations or under city or county price gouging ordinances. Likewise, in addition to price gouging protections and statutory statewide rental protections, many cities and counties have enacted additional local rental protections, including rent stabilization and just cause eviction ordinances. Landlords should remain aware of the state and local legal requirements applicable to the cities or counties where their rental properties are located.

What are the consequences of violating the statute?

Violations of the price gouging statute are subject to criminal prosecution that can result in one-year imprisonment in county jail and/or a fine of up to $10,000. Violations are also subject to civil enforcement actions including civil penalties of up to $2,500 per violation, injunctive relief and mandatory restitution.

The Attorney General, local district attorneys, and private individuals can bring actions for violations of the statute.

Can the Attorney General's office assist me with a claim against someone who price gouged me?

Our office cannot give you legal advice or represent you. If you believe that you might have a claim for price gouging, you might consider contacting an attorney to explore your options. For referral to a lawyer, you may contact the State Bar at (866) 442-2529 (toll-free in California) or (415) 538-2250 (from outside California), or through its website at: http://www.calbar.ca.gov. If you cannot afford to pay an attorney, you may consider contacting your local legal aid office. For a referral, visit http://www.lsc.gov and click on the Find Legal Assistance tab, or go to http://lawhelpca.org.

Should I report price gouging to the Attorney General's office?

Even though our office cannot represent individuals, the Attorney General may, on behalf of the public, investigate or prosecute someone who has engaged in price gouging. Anyone who has been the victim of price gouging, or who has information regarding potential price gouging, is encouraged to immediately file a complaint with the Attorney General's Office by going to the Attorney General's website or by calling (800) 952-5225.

# data[].attributes.attachment_link.description
Links to topics below FAQs about Price Gouging in California [for consumers] FAQs on Price Gouging [for local officials] FAQs about Price Gouging in California [for consumers] What is price gouging? Is price gouging illegal in California? When does California's anti-price gouging statute apply?

# data[].attributes.attachment_link.title
Everybody's Guide to Small Claims Court in California

# data[].attributes.headline
Request to Change Rent Date to Accommodate a Disability

# data[].attributes.subject
Request to Change Rent Date to Accommodate a Disability

# data[].attributes.attachment_link.title
Request to Change Rent Date to Accommodate a Disability

# data[].attributes.headline
Case Law: Changing Monthly Rent Date to Accommodate a Disability

# data[].attributes.subject
Case Law: Changing Monthly Rent Date to Accommodate a Disability

# data[].attributes.attachment_link.title
Changing Monthly Rent Date to Accommodate a Disability

# data[].attributes.attachment_link.title
Project Sentinel | Housing | Mediation | United States

# data[].attributes.attachment_link.description
Project Sentinel provides housing solutions and community mediation by developing and promoting fairness and equality of housing opportunities to all persons and to advocate peaceful resolution of disputes for community welfare and harmony.

# data[].attributes.headline
Live-in Aide Accommodation Request - Counseling Letter Example

# data[].attributes.subject
Live-in Aide Accommodation Request - Counseling Letter Example

# data[].attributes.headline
Tenants Rights, Laws, Protections, & Complaints

# data[].attributes.subject
Tenants Rights, Laws, Protections, & Complaints

# data[].attributes.attachment_link.title
Tenant Rights, Laws and Protections: California | HUD.gov / U.S. Department of Housing and Urban Development (HUD)

# data[].attributes.attachment_link.description
U.S. Department of Housing and Urban Development

# data[].attributes.headline
Fact Sheet: Disability Based Housing Discrimination

# data[].attributes.subject
Fact Sheet: Disability Based Housing Discrimination

# data[].attributes.attachment_link.title
Fact Sheet - Disability-Based Housing Discrimination

# data[].attributes.body
Tenants can request help and to speak to a worker through their portal

# data[].attributes.attachment_link.readable_text
We are excited to announce that Sacramento Housing and Redevelopment Agency (SHRA) has created a new online Resident Portal for Annual Recertifications!

The Resident Portal will allow you and your family to complete, sign, and submit your Annual Recertification electronically using a computer, smartphone or tablet.

Please register for the Resident Portal using this link: https://portal.shra.us/resident/#/signup

To register please have your tenant code (t-code), social security number, and email address available to input.

Once you register and at the time your Annual Recertification is due, you will be notified by email and text message to login to the Resident Portal to complete the Annual Recertification process. SHRA is committed to providing you with excellent customer service and this portal will
help us to serve you quickly and efficiently. Your assigned caseworker will be available to you every step of the way, should you need assistance.
If you have questions, please contact us at (916) 440-1390.

# data[].attributes.attachment_link.description
We are excited to announce that Sacramento Housing and Redevelopment Agency (SHRA) has created a new online Resident Portal for Annual Recertifications! The Resident Portal will allow you and your family to complete, sign, and submit your Annual Recertification electronically using a computer, smartphone or tablet.

# data[].attributes.headline
Are you facing an Eviction or Rent Debt in California?

# data[].attributes.subject
Are you facing an Eviction or Rent Debt in California?

# data[].attributes.body
You'll answer some questions about your eviction and debt situation and then they help you fight your eviction and your rent debt, link you with legal resources and tenants’ rights groups, and our housing justice work including collective action campaigns.

# data[].attributes.attachment_link.description
You answer some questions about your eviction and debt situation. We help you fight your eviction and your rent debt, link you with legal resources and tenants’ rights groups, and our housing justice work including collective action campaigns. Let’s get started.

# data[].attributes.attachment_link.description
Having a written record is the best way to assert your rights and protect yourself against landlord retaliation. These DO NOT substitute for legal advice! See our directory for local resources.

# data[].attributes.attachment_link.readable_text
Some landlords view tenant fees as a viable profit center, and the temptation to make up losses from the pandemic may lead them to consider changing their fee structures.

It may seem like the sky is the limit when it comes to tenant fees but charging excessive fees can backfire. Before you start charging tenants more, consider how much is too much.

There are three factors landlords must weigh when charging tenant fees:

Is the type or amount of fee charged illegal?
Is the fee unenforceable?
Does the fee negatively impact marketability?
Application Fees
Take the example of application fees. A handful of states and cities prohibit application fees altogether, while others limit the charge to either the specific cost of a tenant background check or a statutory amount, typically $50 or less.

In other states, there are no specific limits on what a landlord can charge. However, once a tenant advocate gets wind of an excessive fee, a dispute will arise. Ultimately, a judge may decide if the application fee provision is enforceable.

Judges tend to look at fees as reimbursement, and not as a profit center for landlords. If most landlords charge $35-$50 dollars or have the tenant pay for the tenant screening reports, a landlord who charges $500 will have difficulty proving that the fee charged represents a legitimate out-of-pocket expense.

It may not seem like a big deal to squabble with one tenant over an excessive fee, but keep in mind that former tenants and applicants who have been rejected all can join in a lawsuit. For landlords with multiple tenants, that adds up quickly. Some landlords are targeted by a state's attorney general and wind up paying fines and legal fees.

As difficult as it is to justify a high application fee, it is nearly impossible for a landlord to justify keeping the application fee when no tenant background check was conducted.

Finally, a landlord must consider the impact a hefty application fee will have on marketability, especially now, in the face of a pandemic. Good tenants go with the best deals. Bad tenants pick up what is left over. It only takes one or two bad tenants over the course of a leasing cycle to injure the landlord's reputation and eventually lower the overall value of the property. Extended vacancies and damaged units go the landlord's bottom line.
Late Fees
Late fees are another example of how landlords can get into trouble by charging too much. As with application fees, late fees are regulated by state and local governments. The fee may be prohibited altogether, or more commonly, limited to a specific amount. Typically, late fees are capped at around $20-$35. Sometimes the fee is tied to the overall rent charged and may be higher in high-end properties.

Landlords cannot skirt these rules by calling a late fee something else, like using the language "rent incentive" when charging excessive late fees. A landlord may promise to give the tenant a "discount" of $200 if rent is paid on time. Of course, the rent was inflated by $200. It is unlikely a judge would enforce a $200 late fee on an average rental, especially where the fee is charged in the first few days of the month, and where the landlord cannot show any out-of-pocket losses.

"Rent incentives" also are problematic in that minority tenants tend to make less money and may never receive the discount. Charging higher rent to minority tenants in illegal.

Judges often throw out provisions in lease agreements that allow the landlord to stack or roll the late fee into the next month or refuse to enforce an eviction over late fees alone.

When considering late fees, a judge also may look at other fees that are included in the lease, such as an excessive application fee, and determine that the lease agreement in its entirety is unfair - and unenforceable.

A reputation for illegal or excessive late fees will be apparent in social media, ratings, and reviews. That scares away the best tenants, leaving the property to founder on bad tenants - an opportunity for investors seeking underperforming properties so they can drive down the price.
Amenity and Management Fees
Some state and local governments limit the specific types of fees a landlord can charge. For instance, a state may allow an application fee and late fees only. More commonly, the local rental regulations leave it open. That incentivizes some landlords to get creative with fees. This is where landlords tend to get into the most trouble.

For instance, renaming an application fee an "amenity" fee and burying it in the lease agreement does not shortcut the statutes limiting application fees. Charging twice as much for an application fee because application fees are allowed the other fees are not won't work, either. Landlords need to look at the overall intent of the rental regulations - to keep housing affordable for tenants.

Advertising a property's amenities and tying that to rent, then going in and charging à la carte for those amenities can lead to lawsuits for discrimination, false advertising, and even fraud.

Landlords also must understand that, as private citizens, they do not have the right to charge a penalty for violations of the lease agreement. A common example is an exorbitant early termination fee. Penalties are by their very nature excessive fees because they are designed to punish the tenant, not compensate the landlord for an out-of-pocket expense. Some landlords go so far as to call a fee a penalty in the lease agreement, but any fee that is so high as to serve as punishment can be deemed a penalty.

Likewise, landlords generally cannot increase or add fees unilaterally or mid-lease.

When these cases come to court, judges look at the overall cost of the lease agreement to determine the relative fairness. Of course, there may be judges here and there who might allow a landlord to charge fees higher than industry standards, but those cases are rare. Most judges are not going to allow landlords to profit via fees. Instead, fees will be tied to the out-of-pocket expenses of the landlord.

These have been hard lessons for some landlords to learn. A landlord who charged a 15% "administrative" fee for handling security deposits paid $30,000 in a settlement with his state's attorney general. A major property management firm paid $2 million for attempting to bury prohibited upfront fees throughout the lease, including charges for advertised amenities, a "move-in" fee, and a "community" fee. A smaller landlord business paid $11,000 to a tenant after attempting to enforce a no-pets policy by assessing a $600 penalty after the tenant's daughter visited the apartment with her dog.

Landlords who charge "creative" fees tend to find themselves at odds with tenants, who quickly are turned off by the nickel and dime scenario. Good ones go to greener pastures. Those who stay quickly become disgruntled. Either way, the short-term gain gives way to the injury to reputation, the loss of prestige of the property, and ultimately, the loss of property value.

Profits from a rental come not only from monthly rent, but also from the appreciation of the property and the goodwill of the business. Buyers won't pay premium prices for underperforming properties or risk liability by taking on illegal leases. Instead, investors will look to drive down the price. The short-term gain from fees may be overshadowed when it comes time to sell or refinance the property.

Landlords make money by earning market rent, keeping their costs low, and keeping the property value high. That requires attracting the best tenants and fostering tenant retention. Excessive fees only get in the way of that.
This post is provided by Tenant Verification Service, Inc., helping landlords reduce the risks of renting with fraud prevention tools that include Tenant Screening, Tenant Background Checks, (U.S. and Canada), as well as Criminal Background Checks, and Eviction Reports (U.S. only). Click Here to Receive Landlord Credit Reports. Disclaimer: The information provided in this post is not intended to be construed as legal advice, nor should it be considered a substitute for obtaining individual legal counsel or consulting your local, state, federal or provincial tenancy laws.

# data[].attributes.attachment_link.title
Tenant Fees: How Much Is Too Much? - Landlord Talking

# data[].attributes.attachment_link.description
Some landlords view tenant fees as a viable profit center, and the temptation to make up losses from the pandemic may lead them to consider changing their fee structures. It may seem like the sky is the limit when it comes to tenant fees but charging excessive fees can backfire.

# data[].attributes.headline
California Rural Legal Assistance Foundation

# data[].attributes.subject
California Rural Legal Assistance Foundation

# data[].attributes.body
Great resource for tenants and farmworkers who are undocumented

# data[].attributes.attachment_link.title
California Rural Legal Assistance Foundation

# data[].attributes.attachment_link.description
CRLAF is a privately funded rural justice center focused serving farmworkers and low-wage laborers, regardless of immigration status.

# data[].attributes.attachment_link.readable_text
Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.

Search California Codes

Search by Keyword or Citation

(a)?Any owner of a dwelling structure specified in Section 1961 or a party signing a rental agreement or lease on behalf of the owner shall do all of the following:

(1)?Disclose therein the name, telephone number, and usual street address at which personal service may be effected of each person who is:

(A)?Authorized to manage the premises.

(B)?An owner of the premises or a person who is authorized to act for and on behalf of the owner for the purpose of service of process and for the purpose of receiving and receipting for all notices and demands.

(2)?Disclose therein the name, telephone number, and address of the person or entity to whom rent payments shall be made.

(A)?If rent payments may be made personally, the usual days and hours that the person will be available to receive the payments shall also be disclosed.

(B)?At the owner's option, the rental agreement or lease shall instead disclose the number of either:

(i)?The account in a financial institution into which rent payments may be made, and the name and street address of the institution; ?provided that the institution is located within five miles of the rental property.

(ii)?The information necessary to establish an electronic funds transfer procedure for paying the rent.

(3)?Disclose therein the form or forms in which rent payments are to be made.

(4)?Provide a copy of the rental agreement or lease to the tenant within 15 days of its execution by the tenant. ?Once each calendar year thereafter, upon request by the tenant, the owner or owner's agent shall provide an additional copy to the tenant within 15 days. ?If the owner or owner's agent does not possess the rental agreement or lease or a copy of it, the owner or owner's agent shall instead furnish the tenant with a written statement stating that fact and containing the information required by paragraphs (1), (2), and (3).

(b)?In the case of an oral rental agreement, the owner, or a person acting on behalf of the owner for the receipt of rent or otherwise, shall furnish the tenant, within 15 days of the agreement, with a written statement containing the information required by paragraphs (1), (2), and (3) of subdivision (a). ?Once each calendar year thereafter, upon request by the tenant, the owner or owner's agent shall provide an additional copy of the statement to the tenant within 15 days.

(c)?The information required by this section shall be kept current and this section shall extend to and be enforceable against any successor owner or manager, who shall comply with this section within 15 days of succeeding the previous owner or manager. ?A successor owner or manager shall not serve a notice pursuant to paragraph (2) of Section 1161 of the Code of Civil Procedure or otherwise evict a tenant for nonpayment of rent that accrued during the period of noncompliance by a successor owner or manager with this subdivision. ?Nothing in this subdivision shall relieve the tenant of any liability for unpaid rent.

(d)?A party who enters into a rental agreement on behalf of the owner who fails to comply with this section is deemed an agent of each person who is an owner:

(1)?For the purpose of service of process and receiving and receipting for notices and demands.

(2)?For the purpose of performing the obligations of the owner under law and under the rental agreement.

(3)?For the purpose of receiving rental payments, which may be made in cash, by check, by money order, or in any form previously accepted by the owner or owner's agent, unless the form of payment has been specified in the oral or written agreement, or the tenant has been notified by the owner in writing that a particular form of payment is unacceptable.

(e)?Nothing in this section limits or excludes the liability of any undisclosed owner.

(f)?If the address provided by the owner does not allow for personal delivery, then it shall be conclusively presumed that upon the mailing of any rent or notice to the owner by the tenant to the name and address provided, the notice or rent is deemed receivable by the owner on the date posted, if the tenant can show proof of mailing to the name and address provided by the owner.

Cite this article: FindLaw.com - California Code, Civil Code - CIV § 1962 - last updated January 01, 2019 | https://codes.findlaw.com/ca/civil-code/civ-sect-1962/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

# data[].attributes.attachment_link.title
California Code, Civil Code - CIV § 1962 | FindLaw

# data[].attributes.attachment_link.description
Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.

# data[].attributes.body
Housing and Community Development

# data[].attributes.headline
Childhood Lead Poisoning Prevention Program

# data[].attributes.subject
Childhood Lead Poisoning Prevention Program

# data[].attributes.headline
Mold in the Home Video Series (English & Spanish)

# data[].attributes.subject
Mold in the Home Video Series (English & Spanish)

# data[].attributes.attachment_link.readable_text
"Inspect for mold, bacteria, allergens and VOC's that affect your indoor environmental health and air quality. We are professionally trained to assess, identify and cure environmental..." more

"Was on a job that needed a lot of mold removed and after starting the Job I noticed I needed the machine required to draw out moisture and fungus dust. II called Carlos and he..." more

"I had a fire in my condo and I was so overwhelmed. When I started calling fire mitigation companies I stopped once I found Speedy Restoration. Gus in particular walked me through the..." more

"Available 24/7 Water Damage,sewage clean up, water damage clean up,sewage extraction, water damage repair,Mold remediation ,clean up Crawl space Clean up Crawl space encapsulation,..." more

"MOLD Testing & MOLD Removal Services! We offer a $198 MOLD Inspection & Testing Special Offer that includes 5 samples, lab analysis, a full report with photos, moisture testing, and..." more

"I called Bay Mold to inspect. The inspection and subsequent lab test results determined that it was in fact the common mold allergen caused from lack of cleaning in conjunction..." more

"They did say they saw mold where they cut open the ceiling. and that we should have a mold inspection done. I came on Yelp to find someone for the inspection and we had a lot of..." more

"When we examined the closet area directly below the bathroom we found significant mold present on the drywall. Disaster!! Well... Manny from GCD came out and was amazing. His..." more

"They helped us arrange for a mold inspection afterward which passed with mold levels in the house lower than outside. Can't say enough about how happy we have been with Swift..." more

"We came home one recent evening to discover our construction guy had powersawed into asbestos floor tile, causing an ugly scary mess. We called Bordi Restoration, amongst other..." more

" were encouraged to have our apartment inspected by a mold professional. After thoroughly screening mold" more

"Matt Cantor already has a ton of five star reviews, but here's one more. We called him to do a mold" more

"Michael from Indoor Air and his crew were just amazingly great to work with. Michael is very kind, professional and knowledgable, During our mold inspection Michael explained in..." more

"Full disclosure I did not end up using their mold inspection services, but I am writing this review focusing on their customer service over email (with Michelle) was beyond superb...." more

" with the mold inspection. Patrick immediately introduced us to various companies that could help fix" more

"Afik came out to do a mold inspection on our new home. He was efficient and thorough and inspected" more

"We are a leader in providing indoor air quality consulting and testing. Our thorough and efficient process is founded on our knowledge, skills, education, certifications, and..." more

A home inspector cannot legally uncover mold, Jeff. You have to sniff it or see it yourself, and then get a separate mold inspection that costs...

Don't forget a mold inspection if you smell any mildew. Mold remediation costs a small fortune. Sniff the closets.

"Matt Cantor already has a ton of five star reviews, but here's one more. We called him to do a mold inspection, which ended up being basically a complete home inspection, on a Berkeley craftsman. He's thorough, knowledgeable, and friendly. Use him if you want to know every detail about your house!Carla"

People of San Francisco who are experiencing symptoms of possible mold problems have come to the the right place; this is the home of MI&T. It might have been a strange smell or sight brought you here. Maybe you are feeling sick without explanation and are wondering if indoor mold growth might be the culprit. Perhaps you are buying or leasing a new property and want to be sure that their are no underlying issues that you might have to deal with. Regardless of which category you fall under, all the circumstances above are viable reasons to get mold testing San Francisco California.

A complete inspection with thermal imaging camera, moisture meter, along with air and surface sample collection will give you information that will benefit you in many ways. The mold removal process is much more intensive and requires many more steps than a typical remodeling. Our report will give precise details on if there is a problem, what the source is, and exactly how to fix it. It is possible that your results come back not elevated or small enough that you can clean up on your own; consider yourselves the lucky ones. The other side of things is when we recommend hiring a mold remediation company to return the indoor air quality to normal.

The tools that our certified mold inspectors use allow them to see what is going on beneath the surface at things the naked eye simply can not see. This information is used when presenting the proper plan for collecting samples for analysis. We can collect air from general living areas or cavity samples to see what is going on behind dry or other building material. Each of these air tests will be compared to an outside sample that serves as a baseline number. Acceptable levels of mold are relative to that found outside in your area, so that sample is taken to see what should be "normal" for your home or business. Whenever there is visible mold, a surface sample is recommended. Toxic black mold and other species that are concerning are not easily airborne so we want to make sure those are not present as well. Swabs and tape lifts are also useful in confirming the source of a problem.

For individuals in landlord disputes or looking to file an insurance claim to cover a San Francisco mold remediation, our service is invaluable. Even if a problem is obvious, having our report that is seen as factual evidence will make your claims much stronger than just your word. Just like with anything else, having an expert in the field backing your claim is always a good idea. Having our detailed protocol for remediation to give to a company that you hire is extremely valuable as well. The health of you and those around you should be priority number one and we make sure that all the necessary steps are taken to return the property in question back to normal on the first go around.

After a contaminated area has been treated but prior to the build back; a clearance test should be performed to make sure the job is in fact complete and the air quality has been returned to its normal state. Even if you do not get San Francisco mold inspection prior to hiring a mold removal company, this step should not be overlooked. The last thing you want is for someone to do all of that work and get everything fixed only to have problems lingering around or come back full force. If you would like to speak to someone at MI&T to get some questions answered or schedule an appointment please call 452-213-4831.

San Francisco home and business owners that are concerned about indoor mold growth can trust MI&T- the largest mold inspection company in the country. Call (415) 213-4831 to schedule your mold testing appointment.

Bay Area Mold Pros is a locally-owned and operated company that specializes in mold testing and mold inspection for residential and commercial properties.

Owner Rick Bruce is a Certified Mold Inspector (CMI) and licensed general contractor who has been building and remodeling homes in the Bay Area for over 40 years. His construction background provides a unique insight into tracking down sources of water leaks and mold growth. He's committed to personalized service and prompt responses, and in most cases, can be onsite the same day.

Rick did a great job in evaluating mold in my home. I called him on a Sunday afternoon, and he was able to evaluate the property the next day.

Mold testing and mold air quality tests mix both art and science. An expert should not sell testing without a thorough moisture and mold inspection. Sometimes mold testing is not useful and may be a waste of money.

Other times assessments must include lab analysis in order to identify Stachybotrys ("toxic black mold"), from other types of mold or to determine if parts of a building have been cross-contaminated with mold spores. Mold testing is also used to determine if an area has been properly remediated and cleaned, an abbreviated survey known as "mold clearance testing."

Any qualified environmental consultant or industrial hygienist will confirm that mold inspections are a top priority, especially in the Bay Area, where mold and moisture are prevalent. Using a flashlight, thermal imaging, a moisture meter, two eyes and a nose, a competent inspector can usually tell you whether mold is present. Often they can draw conclusions as to whether it is toxic. Sampling in the absence of a thorough moisture and mold inspection is not recommended, and the data collected from such sampling is missing necessary context.

If your mold inspector doesn't offer a comprehensive moisture assessment, pushes a lot of testing, or does microbial testing and only shares the lab results without a clear interpretation of their meaning, they are not providing value or helping your cause. Do-it-yourself petri dish style mold testers are not recommended in the absence of a professional inspection.

Environmental consultants often perform a survey including some form of microbial lab analysis. When testing for any pollutant, there are myriad ways to collect samples to analyze in the lab.

A known amount of air is drawn over an adhesive slide. The slide is analyzed by lab technicians who extrapolate a "spore per cubic meter" number for each sample. Spores are identified to the genus level, but not to the species level. Penicillium and Aspergillus cannot be distinguished between each other in this particular microscopic analysis. Comparing indoor and outdoor samples, we can draw conclusions about airborne spore counts in the building.

A tape lift, swab or bulk building material, such as a small sample of drywall, is analyzed through a microscope. This method has the same genus level id limitations as a spore trap.

This method utilizes microbial DNA analysis to identify mold to the species level, but relatively few species have been cataloged so this rapid testing method can miss a majority of molds present. Environmental doctors and naturopaths are familiar with this method and it has gained more traction in recent years.

Viable mold spores are sent to a testing lab and cultured. The spores are placed on Petri dishes with a selected growth medium, sufficient moisture is provided and temperatures are regulated simulating optimal growing conditions. Some spores may be present (and toxigenic and allergenic) but not viable and therefore do not grow and colonize. Mold colonies that do form are identified to the species level. This form of analysis takes longest of all options presented here and fewer testing labs offer this method.

Healthy Building Science is an environmental consulting firm providing mold inspection services for commercial, residential, multi-family buildings, offices, industrial and manufacturing workplaces, hospitals and medical facilities, and single-family homes in the greater San Francisco Bay Area and Northern California. Cities we service include San Francisco, San Jose, Oakland, Sacramento, Santa Rosa, Hayward, Sunnyvale, Fremont, Concord, Salinas, Santa Clara, Berkeley, Vallejo, Fairfield, Antioch, Richmond, Daly City, San Rafael, San Mateo, Vacaville, San Leandro, and Livermore and Alameda County, Contra Costa County, Marin County, Napa County, San Mateo County, Santa Clara County, Solano County and Sonoma County.

We are an environmental consulting firm based in the San Francisco Bay Area, a group of scientists working to make your indoor spaces healthier. We test your building or property to find harmful pollutants.Healthy Building Science

Mike came out and inspected my place before I purchased it. He did a great job in explaining to me what he found. He also did a great job of getting the results back in time for me to close on my house.

# data[].attributes.attachment_link.title
Mold Testing & Inspection Sacramento, CA | Scharf Inspection

# data[].attributes.attachment_link.description
"Inspect for mold, bacteria, allergens and VOC's that affect your indoor environmental health and air quality. We are professionally trained to assess, identify and cure environmental..." more "Was on a job that needed a lot of mold removed and after starting the Job I noticed I needed the machine required to draw out moisture and fungus dust.

# data[].attributes.attachment_link.readable_text
EMD does not provide mold testing, evaluate mold problems, or provide consulting services.

Molds are simple, microscopic organisms and are found virtually everywhere - indoors and outdoors. Molds can be found on plants, foods, dry leaves, and other organic material. Molds are needed for breaking down dead material. Mold spores are tiny and lightweight, and this allows them to travel through the air. Mold growths can often be seen in the form of discoloration, ranging from white to orange and from green to brown and black.

When molds are present in large quantities, they​ can cause allergic symptoms similar to those caused by plant pollen.

Mold Problem Resources

California Department of Public Health

US Environmental Protection Agency

Centers for Disease Control and Prevention

American Industrial Hygiene Association

For substandard housing complaints on rental units, please contact Sacramento County 311​​

# data[].attributes.attachment_link.description
EMD does not provide mold testing, evaluate mold problems, or provide consulting services. Molds are simple, microscopic organisms and are found virtually everywhere - indoors and outdoors. Molds can be found on plants, foods, dry leaves, and other organic material. Molds are needed for breaking down dead material.

# data[].attributes.headline
Landlord-Tenant Agreement to Terminate Lease Template

# data[].attributes.subject
Landlord-Tenant Agreement to Terminate Lease Template

# data[].attributes.headline
Non-Payment Notices on or after October 1, 2022

# data[].attributes.subject
Non-Payment Notices on or after October 1, 2022

# data[].attributes.attachment_link.title
CAA Non-Payment Notices on or after 10.1.22

# data[].attributes.attachment_link.title
Housing Voucher Discrimination Fact Sheet

# data[].attributes.headline
Security Deposits - Moving Out (Spanish)

# data[].attributes.subject
Security Deposits - Moving Out (Spanish)

# data[].attributes.attachment_link.title
Housing Voucher Discrimination Fact Sheet Spanish

# data[].attributes.body
https://roadmap.rootandrebound.org/housing/access-to-your-criminal-records-as-you-apply-for-h/access-to-your-criminal-records-as-you-apply-for-p/your-rights-when-a-private-landlord-runs-a-crimina/

# data[].attributes.body
General number: tel:(916) 551-2150
General Intake Hours:  Monday, Tuesday, Thursday and Friday, 8:30 a.m. to 12 p.m., 1 p.m. to 5 p.m. or until full.  (Always recommend calling at 8:30am as they fill fast)

More info.: Assistance is provided on a first come, first serve basis.  So, it is important that people call as soon as the phone line opens up at 8:30 AM.  Because we get a lot of calls, it is common for people to have to wait on hold.  It's important that they stay on the line.  Some people try hanging up and calling back, but that puts them at the bottom of the phone queue.

Number for seniors (age 60+): tel:916-551-2140
Senior intake hours: Monday through Friday, 9 a.m. to 12 pm., 1 p.m. to 4 p.m.

After hours assistance: tel:(866) 815-5990
This phone number is for people who are unable to talk with one of our advocates during the day due to something like work, school, disability, or another similar reason.  Callers should leave a message at any time of day with the information requested by the message callers hear.  Calls are returned within 1 to 2 business days.

# data[].attributes.body
COVID-19 relief: tenancy: federal rental assistance.

# data[].attributes.attachment_link.readable_text
AB832:v94#DOCUMENT

SECTION 1.

Section 789.4 of the Civil Code is amended to read:

789.4.

(a) In addition to the damages provided in subdivision (c) of Section 789.3, a landlord who violates Section 789.3, if the tenant has provided a declaration of COVID-19 financial distress pursuant to Section 1179.03 of the Code of Civil Procedure, shall be liable for damages in an amount that is at least one thousand dollars ($1,000) but not more than two thousand five hundred dollars ($2,500), as determined by the trier of fact.

(b) This section shall remain in effect until October 1, 2021, and as of that date is repealed.

SEC. 2.

Section 1788.65 of the Civil Code is amended to read:

1788.65.

(a) Notwithstanding any other law, a person shall not sell or assign any unpaid COVID-19 rental debt, as defined in Section 1179.02 of the Code of Civil Procedure, for the time period between March 1, 2020, and September 30, 2021.

(b) This section shall remain in effect until October 1, 2021, and as of that date is repealed.

SEC. 3.

Section 1788.66 of the Civil Code is amended to read:

SEC. 10.

Section 871.12 of the Code of Civil Procedure is amended to read:

SEC. 12.

Section 1161.2 of the Code of Civil Procedure, as amended by Section 12 of Chapter 2 of the Statutes of 2021, is repealed.

SEC. 17.

Section 1179.04 of the Code of Civil Procedure is amended to read:

1179.04.

(a) On or before September 30, 2020, a landlord shall provide, in at least 12-point type, the following notice to tenants who, as of September 1, 2020, have not paid one or more rental payments that came due during the protected time period:

"NOTICE FROM THE STATE OF CALIFORNIA: The California Legislature has enacted the COVID-19 Tenant Relief Act of 2020 which protects renters who have experienced COVID-19-related financial distress from being evicted for failing to make rental payments due between March 1, 2020, and January 31, 2021.

"COVID-19-related financial distress" means any of the following:

1. Loss of income caused by the COVID-19 pandemic.

2. Increased out-of-pocket expenses directly related to performing essential work during the COVID-19 pandemic.

3. Increased expenses directly related to the health impact of the COVID-19 pandemic.

4. Childcare responsibilities or responsibilities to care for an elderly, disabled, or sick family member directly related to the COVID-19 pandemic that limit your ability to earn income.

5. Increased costs for childcare or attending to an elderly, disabled, or sick family member directly related to the COVID-19 pandemic.

6. Other circumstances related to the COVID-19 pandemic that have reduced your income or increased your expenses.

This law gives you the following protections:

1. If you failed to make rental payments due between March 1, 2020, and August 31, 2020, because you had decreased income or increased expenses due to the COVID-19 pandemic, as described above, you cannot be evicted based on this nonpayment.

2. If you are unable to pay rental payments that come due between September 1, 2020, and January 31, 2021, because of decreased income or increased expenses due to the COVID-19 pandemic, as described above, you cannot be evicted if you pay 25 percent of the rental payments missed during that time period on or before January 31, 2021.

You must provide, to your landlord, a declaration under penalty of perjury of your COVID-19-related financial distress attesting to the decreased income or increased expenses due to the COVID-19 pandemic to be protected by the eviction limitations described above. Before your landlord can seek to evict you for failing to make a payment that came due between March 1, 2020, and January 31, 2021, your landlord will be required to give you a 15-day notice that informs you of the amounts owed and includes a blank declaration form you can use to comply with this requirement.

If your landlord has proof of income on file which indicates that your household makes at least 130 percent of the median income for the county where the rental property is located, as published by the Department of Housing and Community Development in the Official State Income Limits for 2020, your landlord may also require you to provide documentation which shows that you have experienced a decrease in income or increase in expenses due to the COVID-19 pandemic. Your landlord must tell you in the 15-day notice whether your landlord is requiring that documentation. Any form of objectively verifiable documentation that demonstrates the financial impact you have experienced is sufficient, including a letter from your employer, an unemployment insurance record, or medical bills, and may be provided to satisfy the documentation requirement.

It is very important you do not ignore a 15-day notice to pay rent or quit or a notice to perform covenants or quit from your landlord. If you are served with a 15-day notice and do not provide the declaration form to your landlord before the 15-day notice expires, you could be evicted. You could also be evicted beginning February 1, 2021, if you owe rental payments due between September 1, 2020, and January 31, 2021, and you do not pay an amount equal to at least 25 percent of the payments missed for that time period.

For information about legal resources that may be available to you, visit lawhelpca.org."

(b) On or before February 28, 2021, a landlord shall provide, in at least 12-point type, the following notice to tenants who, as of February 1, 2021, have not paid one or more rental payments that came due during the covered time period:

"NOTICE FROM THE STATE OF CALIFORNIA: The California Legislature has enacted the COVID-19 Tenant Relief Act which protects renters who have experienced COVID-19-related financial distress from being evicted for failing to make rental payments due between March 1, 2020, and June 30, 2021.

"COVID-19-related financial distress" means any of the following:

1. Loss of income caused by the COVID-19 pandemic.

2. Increased out-of-pocket expenses directly related to performing essential work during the COVID-19 pandemic.

3. Increased expenses directly related to the health impact of the COVID-19 pandemic.

4. Childcare responsibilities or responsibilities to care for an elderly, disabled, or sick family member directly related to the COVID-19 pandemic that limit your ability to earn income.

5. Increased costs for childcare or attending to an elderly, disabled, or sick family member directly related to the COVID-19 pandemic.

6. Other circumstances related to the COVID-19 pandemic that have reduced your income or increased your expenses.

This law gives you the following protections:

1. If you failed to make rental payments due between March 1, 2020, and August 31, 2020, because you had decreased income or increased expenses due to the COVID-19 pandemic, as described above, you cannot be evicted based on this nonpayment.

2. If you are unable to pay rental payments that come due between September 1, 2020, and June 30, 2021, because of decreased income or increased expenses due to the COVID-19 pandemic, as described above, you cannot be evicted if you pay 25 percent of the rental payments missed during that time period on or before June 30, 2021.

You must provide, to your landlord, a declaration under penalty of perjury of your COVID-19-related financial distress attesting to the decreased income or increased expenses due to the COVID-19 pandemic to be protected by the eviction limitations described above. Before your landlord can seek to evict you for failing to make a payment that came due between March 1, 2020, and June 30, 2021, your landlord will be required to give you a 15-day notice that informs you of the amounts owed and includes a blank declaration form you can use to comply with this requirement.

If your landlord has proof of income on file which indicates that your household makes at least 130 percent of the median income for the county where the rental property is located, as published by the Department of Housing and Community Development in the Official State Income Limits for 2020, your landlord may also require you to provide documentation which shows that you have experienced a decrease in income or increase in expenses due to the COVID-19 pandemic. Your landlord must tell you in the 15-day notice whether your landlord is requiring that documentation. Any form of objectively verifiable documentation that demonstrates the financial impact you have experienced is sufficient, including a letter from your employer, an unemployment insurance record, or medical bills, and may be provided to satisfy the documentation requirement.

It is very important you do not ignore a 15-day notice to pay rent or quit or a notice to perform covenants or quit from your landlord. If you are served with a 15-day notice and do not provide the declaration form to your landlord before the 15-day notice expires, you could be evicted. You could also be evicted beginning July 1, 2021 if you owe rental payments due between September 1, 2020, and June 30, 2021, and you do not pay an amount equal to at least 25 percent of the payments missed for that time period.

YOU MAY QUALIFY FOR RENTAL ASSISTANCE. In addition to extending these eviction protections, the State of California, in partnership with federal and local governments, has created an emergency rental assistance program to assist renters who have been unable to pay their rent and utility bills as a result of the COVID-19 pandemic. This program may be able to help you get caught up with past-due rent. Additionally, depending on the availability of funds, the program may also be able to assist you with making future rental payments.

While not everyone will qualify for this assistance, you can apply for it regardless of your citizenship or immigration status. There is no charge to apply for or receive this assistance.

Additional information about the extension of the COVID-19 Tenant Relief Act and new state or local rental assistance programs, including more information about how to qualify for assistance, can be found by visiting http://housingiskey.com or by calling 1-833-422-4255."

(c) On or before July 31, 2021, a landlord shall provide, in at least 12-point type, the following notice to tenants who, as of July 1, 2021, have not paid one or more rental payments that came due during the covered time period:

"NOTICE FROM THE STATE OF CALIFORNIA: The California Legislature has extended the COVID-19 Tenant Relief Act. The law now protects renters who have experienced COVID-19-related financial distress from being evicted for failing to make rental payments due between March 1, 2020, and September 30, 2021.

"COVID-19-related financial distress" means any of the following:

1. Loss of income caused by the COVID-19 pandemic.

2. Increased out-of-pocket expenses directly related to performing essential work during the COVID-19 pandemic.

3. Increased expenses directly related to the health impact of the COVID-19 pandemic.

4. Childcare responsibilities or responsibilities to care for an elderly, disabled, or sick family member directly related to the COVID-19 pandemic that limit your ability to earn income.

5. Increased costs for childcare or attending to an elderly, disabled, or sick family member directly related to the COVID-19 pandemic.

6. Other circumstances related to the COVID-19 pandemic that have reduced your income or increased your expenses.

This law gives you the following protections:

1. If you failed to make rental payments due between March 1, 2020, and August 31, 2020, because you had decreased income or increased expenses due to the COVID-19 pandemic, as described above, you cannot be evicted based on this nonpayment.

2. If you are unable to pay rental payments that come due between September 1, 2020, and September 30, 2021, because of decreased income or increased expenses due to the COVID-19 pandemic, as described above, you cannot be evicted if you pay 25 percent of the rental payments missed during that time period on or before September 30, 2021.

You must provide, to your landlord, a declaration under penalty of perjury of your COVID-19-related financial distress attesting to the decreased income or increased expenses due to the COVID-19 pandemic to be protected by the eviction limitations described above. Before your landlord can seek to evict you for failing to make a payment that came due between March 1, 2020, and September 30, 2021, your landlord will be required to give you a 15-day notice that informs you of the amounts owed and includes a blank declaration form you can use to comply with this requirement.

If your landlord has proof of income on file that indicates that your household makes at least 130 percent of the median income for the county where the rental property is located, as published by the Department of Housing and Community Development in the Official State Income Limits for 2020, your landlord may also require you to provide documentation that shows that you have experienced a decrease in income or increase in expenses due to the COVID-19 pandemic. Your landlord must tell you in the 15-day notice whether your landlord is requiring that documentation. Any form of objectively verifiable documentation that demonstrates the financial impact you have experienced is sufficient, including a letter from your employer, an unemployment insurance record, or medical bills, and may be provided to satisfy the documentation requirement.

It is very important you do not ignore a 15-day notice to pay rent or quit or a notice to perform covenants or quit from your landlord. If you are served with a 15-day notice and do not provide the declaration form to your landlord before the 15-day notice expires, you could be evicted. You could also be evicted beginning October 1, 2021 if you owe rental payments due between September 1, 2020, and September 30, 2021, and you do not pay an amount equal to at least 25 percent of the payments missed for that time period.

YOU MAY QUALIFY FOR RENTAL ASSISTANCE. In addition to extending these eviction protections, the State of California, in partnership with federal and local governments, has created an emergency rental assistance program to assist renters who have been unable to pay their rent and utility bills as a result of the COVID-19 pandemic. This program may be able to help you get caught up with past-due rent. Additionally, depending on the availability of funds, the program may also be able to assist you with making future rental payments.

While not everyone will qualify for this assistance, you can apply for it regardless of your citizenship or immigration status. There is no charge to apply for or receive this assistance.

Additional information about the extension of the COVID-19 Tenant Relief Act and new state or local rental assistance programs, including more information about how to qualify for assistance, can be found by visiting http://housingiskey.com or by calling 1-833-430-2122."

(d) The landlord may provide the notice required by subdivisions (a) to (c), inclusive, as applicable, in the manner prescribed by Section 1162 or by mail.

(e) (1) A landlord may not serve a notice pursuant to subdivision (b) or (c) of Section 1179.03 before the landlord has provided the notice required by subdivisions (a) to (c), inclusive, as applicable.

(2) The notice required by subdivision (a) may be provided to a tenant concurrently with a notice pursuant to subdivision (b) or (c) of Section 1179.03 that is served on or before September 30, 2020.

(3) The notice required by subdivision (b) may be provided to a tenant concurrently with a notice pursuant to subdivision (b) or (c) of Section 1179.03 that is served on or before February 28, 2021.

(4) The notice required by subdivision (c) may be provided to a tenant concurrently with a notice pursuant to subdivision (b) or (c) of Section 1179.03 that is served on or before September 30, 2021.

SEC. 19.

Section 1179.07 of the Code of Civil Procedure is amended to read:

SEC. 20.

Chapter 6 (commencing with Section 1179.08) is added to Title 3 of Part 3 of the Code of Civil Procedure, to read:

CHAPTER 6. COVID-19 Rental Housing Recovery Act

1179.10.

(a) A notice for a residential rental property that demands payment of COVID-19 recovery period rental debt and that is served pursuant to subdivision (e) of Section 798.56 of the Civil Code or paragraph (2) or (3) of Section 1161 shall be modified as follows:

(1) The time period in which the tenant may pay the amount due or deliver possession of the property shall be no shorter than three days, excluding Saturdays, Sundays, and other judicial holidays.

(2) The notice shall include all of the following:

(A) The amount of rent demanded and the date each amount became due.

(B) The telephone number and internet website address of the pertinent government rental assistance program.

(C) The following bold text in at least 12-point font:

"IMPORTANT NOTICE FROM THE STATE OF CALIFORNIA - YOU MUST TAKE ACTION TO AVOID AN EVICTION: As part of the state's COVID-19 relief plan, money has been set aside to help renters who have fallen behind on rent or utility payments.

If you cannot pay the amount demanded in this notice, YOU SHOULD COMPLETE A RENTAL ASSISTANCE APPLICATION IMMEDIATELY! It is free and simple to apply. Citizenship or immigration status does not matter.

DO NOT DELAY! IF YOU DO NOT COMPLETE YOUR APPLICATION FOR RENTAL ASSISTANCE WITHIN 15 BUSINESS DAYS, YOUR LANDLORD MAY BE ABLE TO SUE TO OBTAIN A COURT ORDER FOR YOUR EVICTION.

You can start your application by calling 1-833-430-2122 or visiting http://housingiskey.com.

(D) If the landlord was required, pursuant to Section 1632 of the Civil Code, to provide a translation of the rental contract or agreement in the language in which the contract or agreement was negotiated, the landlord shall also provide the text of the notice in subparagraph (C) to the tenant in the language in which the contract or agreement was negotiated. The Business, Consumer Services, and Housing Agency shall make available on the http://housingiskey.com internet website an official translation of the text required by subparagraph (C) in the languages specified in Section 1632 of the Civil Code by no later than September 15, 2021.

(b) (1) A notice that demands payment of COVID-19 recovery period rental debt that does not meet the requirements of this section is not sufficient to establish a cause of action for unlawful detainer or a basis for default judgment.

(2) The court, upon its own motion or upon a motion by a defendant in the case, shall dismiss a cause of action for unlawful detainer that is based on a notice that demands payment of COVID-19 recovery period rental debt if the notice does not meet the requirements of this section.

(3) A defendant may raise the insufficiency of a notice pursuant to this section as a complete defense to an unlawful detainer.

SEC. 28.

The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

SEC. 29.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

SEC. 30.

The Legislature finds and declares that Sections 11 and 13 of this act, which amend Sections 1161.2 and 1161.2.5 of the Code of Civil Procedure, imposes a limitation on the public's right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:

This act balances the public's right to access records of judicial proceedings with the need to protect the privacy and future housing needs of tenants facing financial distress due to COVID-19.

SEC. 31.

This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:

In order to address the hardships imposed by the COVID-19 pandemic on tenants and landlords in California as soon as possible, it is necessary that this act take immediate effect.

# data[].attributes.attachment_link.description
AB832:v94#DOCUMENT Section 789.4 of the Civil Code is amended to read: 789.4. (a) In addition to the damages provided in subdivision (c) of Section 789.3, a landlord who violates Section 789.3, if the tenant has provided a declaration of COVID-19 financial distress pursuant to Section 1179.03 of the Code of Civil Procedure, shall be liable for damages in an amount that is at least one thousand dollars ($1,000) but not more than two thousand five hundred dollars ($2,500), as determined by the trier of fact.

# data[].attributes.attachment_link.title
Cal OES | Office of Emergency Management

# data[].attributes.attachment_link.description
Cal OES is responsible for overseeing and coordinating emergency preparedness, response, recovery and homeland security activities within the state of California.

# data[].attributes.headline
AB 1482 - Full Text: Rent Increase Cap & Just Cause Evictions

# data[].attributes.subject
AB 1482 - Full Text: Rent Increase Cap & Just Cause Evictions

# data[].attributes.attachment_link.readable_text
1946.2.

(a) Notwithstanding any other law, after a tenant has continuously and lawfully occupied a residential real property for 12 months, the owner of the residential real property shall not terminate the tenancy without just cause, which shall be stated in the written notice to terminate tenancy. If any additional adult tenants are added to the lease before an existing tenant has continuously and lawfully occupied the residential real property for 24 months, then this subdivision shall only apply if either of the following are satisfied:

(1) All of the tenants have continuously and lawfully occupied the residential real property for 12 months or more.

(2) One or more tenants have continuously and lawfully occupied the residential real property for 24 months or more.

(b) For purposes of this section, "just cause" includes either of the following:

(1) At-fault just cause, which is any of the following:

(A) Default in the payment of rent.

(B) A breach of a material term of the lease, as described in paragraph (3) of Section 1161 of the Code of Civil Procedure, including, but not limited to, violation of a provision of the lease after being issued a written notice to correct the violation.

(C) Maintaining, committing, or permitting the maintenance or commission of a nuisance as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.

(D) Committing waste as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.

(E) The tenant had a written lease that terminated on or after January 1, 2020, and after a written request or demand from the owner, the tenant has refused to execute a written extension or renewal of the lease for an additional term of similar duration with similar provisions, provided that those terms do not violate this section or any other provision of law.

(F) Criminal activity by the tenant on the residential real property, including any common areas, or any criminal activity or criminal threat, as defined in subdivision (a) of Section 422 of the Penal Code, on or off the residential real property, that is directed at any owner or agent of the owner of the residential real property.

(G) Assigning or subletting the premises in violation of the tenant's lease, as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.

(H) The tenant's refusal to allow the owner to enter the residential real property as authorized by Sections 1101.5 and 1954 of this code, and Sections 13113.7 and 17926.1 of the Health and Safety Code.

(I) Using the premises for an unlawful purpose as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.

(J) The employee, agent, or licensee's failure to vacate after their termination as an employee, agent, or a licensee as described in paragraph (1) of Section 1161 of the Code of Civil Procedure.

(K) When the tenant fails to deliver possession of the residential real property after providing the owner written notice as provided in Section 1946 of the tenant's intention to terminate the hiring of the real property, or makes a written offer to surrender that is accepted in writing by the landlord, but fails to deliver possession at the time specified in that written notice as described in paragraph (5) of Section 1161 of the Code of Civil Procedure.

(2) No-fault just cause, which includes any of the following:

(A) (i) Intent to occupy the residential real property by the owner or their spouse, domestic partner, children, grandchildren, parents, or grandparents.

(ii) For leases entered into on or after July 1, 2020, clause (i) shall apply only if the tenant agrees, in writing, to the termination, or if a provision of the lease allows the owner to terminate the lease if the owner, or their spouse, domestic partner, children, grandchildren, parents, or grandparents, unilaterally decides to occupy the residential real property. Addition of a provision allowing the owner to terminate the lease as described in this clause to a new or renewed rental agreement or fixed-term lease constitutes a similar provision for the purposes of subparagraph (E) of paragraph (1).

(B) Withdrawal of the residential real property from the rental market.

(C) (i) The owner complying with any of the following:

(I) An order issued by a government agency or court relating to habitability that necessitates vacating the residential real property.

(II) An order issued by a government agency or court to vacate the residential real property.

(III) A local ordinance that necessitates vacating the residential real property.

(ii) If it is determined by any government agency or court that the tenant is at fault for the condition or conditions triggering the order or need to vacate under clause (i), the tenant shall not be entitled to relocation assistance as outlined in paragraph (3) of subdivision (d).

(D) (i) Intent to demolish or to substantially remodel the residential real property.

(ii) For purposes of this subparagraph, "substantially remodel" means the replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit from a governmental agency, or the abatement of hazardous materials, including lead-based paint, mold, or asbestos, in accordance with applicable federal, state, and local laws, that cannot be reasonably accomplished in a safe manner with the tenant in place and that requires the tenant to vacate the residential real property for at least 30 days. Cosmetic improvements alone, including painting, decorating, and minor repairs, or other work that can be performed safely without having the residential real property vacated, do not qualify as substantial rehabilitation.

(c) Before an owner of residential real property issues a notice to terminate a tenancy for just cause that is a curable lease violation, the owner shall first give notice of the violation to the tenant with an opportunity to cure the violation pursuant to paragraph (3) of Section 1161 of the Code of Civil Procedure. If the violation is not cured within the time period set forth in the notice, a three-day notice to quit without an opportunity to cure may thereafter be served to terminate the tenancy.

(d) (1) For a tenancy for which just cause is required to terminate the tenancy under subdivision (a), if an owner of residential real property issues a termination notice based on a no-fault just cause described in paragraph (2) of subdivision (b), the owner shall, regardless of the tenant's income, at the owner's option, do one of the following:

(A) Assist the tenant to relocate by providing a direct payment to the tenant as described in paragraph (3).

(B) Waive in writing the payment of rent for the final month of the tenancy, prior to the rent becoming due.

(2) If an owner issues a notice to terminate a tenancy for no-fault just cause, the owner shall notify the tenant of the tenant's right to relocation assistance or rent waiver pursuant to this section. If the owner elects to waive the rent for the final month of the tenancy as provided in subparagraph (B) of paragraph (1), the notice shall state the amount of rent waived and that no rent is due for the final month of the tenancy.

(3) (A) The amount of relocation assistance or rent waiver shall be equal to one month of the tenant's rent that was in effect when the owner issued the notice to terminate the tenancy. Any relocation assistance shall be provided within 15 calendar days of service of the notice.

(B) If a tenant fails to vacate after the expiration of the notice to terminate the tenancy, the actual amount of any relocation assistance or rent waiver provided pursuant to this subdivision shall be recoverable as damages in an action to recover possession.

(C) The relocation assistance or rent waiver required by this subdivision shall be credited against any other relocation assistance required by any other law.

(4) An owner's failure to strictly comply with this subdivision shall render the notice of termination void.

(e) This section shall not apply to the following types of residential real properties or residential circumstances:

(1) Transient and tourist hotel occupancy as defined in subdivision (b) of Section 1940.

(2) Housing accommodations in a nonprofit hospital, religious facility, extended care facility, licensed residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code, or an adult residential facility, as defined in Chapter 6 of Division 6 of Title 22 of the Manual of Policies and Procedures published by the State Department of Social Services.

(3) Dormitories owned and operated by an institution of higher education or a kindergarten and grades 1 to 12, inclusive, school.

(4) Housing accommodations in which the tenant shares bathroom or kitchen facilities with the owner who maintains their principal residence at the residential real property.

(5) Single-family owner-occupied residences, including a residence in which the owner-occupant rents or leases no more than two units or bedrooms, including, but not limited to, an accessory dwelling unit or a junior accessory dwelling unit.

(6) A duplex in which the owner occupied one of the units as the owner's principal place of residence at the beginning of the tenancy, so long as the owner continues in occupancy.

(7) Housing that has been issued a certificate of occupancy within the previous 15 years.

(8) Residential real property that is alienable separate from the title to any other dwelling unit, provided that both of the following apply:

(A) The owner is not any of the following:

(i) A real estate investment trust, as defined in Section 856 of the Internal Revenue Code.

(iii) A limited liability company in which at least one member is a corporation.

(B) (i) The tenants have been provided written notice that the residential property is exempt from this section using the following statement:

"This property is not subject to the rent limits imposed by Section 1947.12 of the Civil Code and is not subject to the just cause requirements of Section 1946.2 of the Civil Code. This property meets the requirements of Sections 1947.12 (d)(5) and 1946.2 (e)(8) of the Civil Code and the owner is not any of the following: (1) a real estate investment trust, as defined by Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation."

(ii) For a tenancy existing before July 1, 2020, the notice required under clause (i) may, but is not required to, be provided in the rental agreement.

(iii) For any tenancy commenced or renewed on or after July 1, 2020, the notice required under clause (i) must be provided in the rental agreement.

(iv) Addition of a provision containing the notice required under clause (i) to any new or renewed rental agreement or fixed-term lease constitutes a similar provision for the purposes of subparagraph (E) of paragraph (1) of subdivision (b).

(9) Housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code or comparable federal statutes.

(f) An owner of residential real property subject to this section shall provide notice to the tenant as follows:

(1) For any tenancy commenced or renewed on or after July 1, 2020, as an addendum to the lease or rental agreement, or as a written notice signed by the tenant, with a copy provided to the tenant.

(2) For a tenancy existing prior to July 1, 2020, by written notice to the tenant no later than August 1, 2020, or as an addendum to the lease or rental agreement.

(3) The notification or lease provision shall be in no less than 12-point type, and shall include the following:

"California law limits the amount your rent can be increased. See Section 1947.12 of the Civil Code for more information. California law also provides that after all of the tenants have continuously and lawfully occupied the property for 12 months or more or at least one of the tenants has continuously and lawfully occupied the property for 24 months or more, a landlord must provide a statement of cause in any notice to terminate a tenancy. See Section 1946.2 of the Civil Code for more information."

The provision of the notice shall be subject to Section 1632.

(g) (1) This section does not apply to the following residential real property:

(A) Residential real property subject to a local ordinance requiring just cause for termination of a residential tenancy adopted on or before September 1, 2019, in which case the local ordinance shall apply.

(B) Residential real property subject to a local ordinance requiring just cause for termination of a residential tenancy adopted or amended after September 1, 2019, that is more protective than this section, in which case the local ordinance shall apply. For purposes of this subparagraph, an ordinance is "more protective" if it meets all of the following criteria:

(i) The just cause for termination of a residential tenancy under the local ordinance is consistent with this section.

(ii) The ordinance further limits the reasons for termination of a residential tenancy, provides for higher relocation assistance amounts, or provides additional tenant protections that are not prohibited by any other provision of law.

(iii) The local government has made a binding finding within their local ordinance that the ordinance is more protective than the provisions of this section.

(2) A residential real property shall not be subject to both a local ordinance requiring just cause for termination of a residential tenancy and this section.

(3) A local ordinance adopted after September 1, 2019, that is less protective than this section shall not be enforced unless this section is repealed.

(h) Any waiver of the rights under this section shall be void as contrary to public policy.

(i) For the purposes of this section, the following definitions shall apply:

(1) "Owner" and "residential real property" have the same meaning as those terms are defined in Section 1954.51.

(2) "Tenancy" means the lawful occupation of residential real property and includes a lease or sublease.

(j) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.

# data[].attributes.attachment_link.description
1946.2. (a) Notwithstanding any other law, after a tenant has continuously and lawfully occupied a residential real property for 12 months, the owner of the residential real property shall not terminate the tenancy without just cause, which shall be stated in the written notice to terminate tenancy.

# data[].attributes.headline
Guide to Residential Tenants' Rights & Responsibilities

# data[].attributes.subject
Guide to Residential Tenants' Rights & Responsibilities

# data[].attributes.body
https://landlordtenant.dre.ca.gov/pdf/resources/CaliforniaTenantRenterGuide.pdf

# data[].attributes.attachment_link.readable_text
1951.2.

(a) Except as otherwise provided in Section 1951.4, if a lessee of real property breaches the lease and abandons the property before the end of the term or if his right to possession is terminated by the lessor because of a breach of the lease, the lease terminates. Upon such termination, the lessor may recover from the lessee:

(1) The worth at the time of award of the unpaid rent which had been earned at the time of termination;

(2) The worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that the lessee proves could have been reasonably avoided;

(3) Subject to subdivision (c), the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that the lessee proves could be reasonably avoided; and

(4) Any other amount necessary to compensate the lessor for all the detriment proximately caused by the lessee's failure to perform his obligations under the lease or which in the ordinary course of things would be likely to result therefrom.

(b) The "worth at the time of award" of the amounts referred to in paragraphs (1) and (2) of subdivision (a) is computed by allowing interest at such lawful rate as may be specified in the lease or, if no such rate is specified in the lease, at the legal rate. The worth at the time of award of the amount referred to in paragraph (3) of subdivision (a) is computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus 1 percent.

(c) The lessor may recover damages under paragraph (3) of subdivision (a) only if:

(1) The lease provides that the damages he may recover include the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award, or for any shorter period of time specified in the lease, exceeds the amount of such rental loss for the same period that the lessee proves could be reasonably avoided; or

(2) The lessor relet the property prior to the time of award and proves that in reletting the property he acted reasonably and in a good-faith effort to mitigate the damages, but the recovery of damages under this paragraph is subject to any limitations specified in the lease.

(d) Efforts by the lessor to mitigate the damages caused by the lessee's breach of the lease do not waive the lessor's right to recover damages under this section.

(e) Nothing in this section affects the right of the lessor under a lease of real property to indemnification for liability arising prior to the termination of the lease for personal injuries or property damage where the lease provides for such indemnification.
(Added by Stats. 1970, Ch. 89.)

# data[].attributes.attachment_link.description
1951.2. (a) Except as otherwise provided in Section 1951.4, if a lessee of real property breaches the lease and abandons the property before the end of the term or if his right to possession is terminated by the lessor because of a breach of the lease, the lease terminates.

# data[].attributes.body
check out TT sample letter

# data[].attributes.headline
Right to pay by something other than cash or electronic funds transfer

# data[].attributes.subject
Right to pay by something other than cash or electronic funds transfer

# data[].attributes.body
civil code section 1947.3 baby!

# data[].attributes.attachment_link.readable_text
1947.3.

(a) (1) Except as provided in paragraph (2), a landlord or a landlord's agent shall allow a tenant to pay rent and deposit of security by at least one form of payment that is neither cash nor electronic funds transfer.

(2) A landlord or a landlord's agent may demand or require cash as the exclusive form of payment of rent or deposit of security if the tenant has previously attempted to pay the landlord or landlord's agent with a check drawn on insufficient funds or the tenant has instructed the drawee to stop payment on a check, draft, or order for the payment of money. The landlord may demand or require cash as the exclusive form of payment only for a period not exceeding three months following an attempt to pay with a check on insufficient funds or following a tenant's instruction to stop payment. If the landlord chooses to demand or require cash payment under these circumstances, the landlord shall give the tenant a written notice stating that the payment instrument was dishonored and informing the tenant that the tenant shall pay in cash for a period determined by the landlord, not to exceed three months, and attach a copy of the dishonored instrument to the notice. The notice shall comply with Section 827 if demanding or requiring payment in cash constitutes a change in the terms of the lease.

(3) Subject to the limitations below, a landlord or a landlord's agent shall allow a tenant to pay rent through a third party.

(A) A landlord or landlord's agent is not required to accept the rent payment tendered by a third party unless the third party has provided to the landlord or landlord's agent a signed acknowledgment stating that they are not currently a tenant of the premises for which the rent payment is being made and that acceptance of the rent payment does not create a new tenancy with the third party.

(B) Failure by a third party to provide the signed acknowledgment to the landlord or landlord's agent shall void the obligation of a landlord or landlord's agent to accept a tenant's rent tendered by a third party.

(C) The landlord or landlord's agent may, but is not required to, provide a form acknowledgment to be used by third parties, as provided for in subparagraph (A), provided however that a landlord shall accept as sufficient for compliance with subparagraph (A) an acknowledgment in substantially the following form:

I, [insert name of third party], state as follows:

I am not currently a tenant of the premises located at [insert address of premises].

I acknowledge that acceptance of the rent payment I am offering for the premises does not create a new tenancy.

(D) A landlord or landlord's agent may require a signed acknowledgment for each rent payment made by the third party. A landlord or landlord's agent and the third party may agree that one acknowledgment shall be sufficient for when the third party makes more than one rent payment during a period of time.

(E) Nothing in this paragraph shall be construed to require a landlord or landlord's agent to enter into a contract in connection with a federal, state, or local housing assistance program, including, but not limited to, the federal housing assistance voucher programs under Section 8 of the United States Housing Act of 1937 (42 U.S.C. Sec. 1437f).

(4) Paragraphs (2) and (3) do not enlarge or diminish a landlord's or landlord's agent's legal right to terminate a tenancy. Nothing in paragraph (3) is intended to extend the due date for any rent payment or require a landlord or landlord's agent to accept tender of rent beyond the expiration of the period stated in paragraph (2) of Section 1161 of the Code of Civil Procedure.

(b) For the purposes of this section, the issuance of a money order or a cashier's check is direct evidence only that the instrument was issued.

(c) For purposes of this section, "electronic funds transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, that is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. "Electronic funds transfer" includes, but is not limited to, point-of-sale transfers, direct deposits or withdrawals of funds, transfers initiated by telephone, transfers via an automated clearinghouse, transfers initiated electronically that deliver a paper instrument, and transfers authorized in advance to recur at substantially regular intervals.

(d) Nothing in this section shall be construed to prohibit the tenant and landlord or agent to mutually agree that rent payments may be made in cash or by electronic funds transfer, so long as another form of payment is also authorized, subject to the requirements of subdivision (a).

(e) A waiver of the provisions of this section is contrary to public policy, and is void and unenforceable.
(Amended by Stats. 2018, Ch. 233, Sec. 1. (AB 2219) Effective January 1, 2019.)

# data[].attributes.attachment_link.description
1947.3. (a) (1) Except as provided in paragraph (2), a landlord or a landlord's agent shall allow a tenant to pay rent and deposit of security by at least one form of payment that is neither cash nor electronic funds transfer.