The California Apartment Association last week provided a 45-minute rundown of the association’s advocacy efforts in San Diego County, at the state Capitol and in the courts. 

Joshua Howard, CAA’s executive vice president of local public affairs, hosted the June 9 webinar, which is available for free streaming here and is the first in a series of regional webcasts the association will hold in the coming weeks.

Howard introduced each of the speakers, including Melanie Woods, CAA’s new vice president of local public affairs in San Diego County.

State legislation

Victor Cao, senior vice president of local public affairs, kicked off the substantive portion of the presentation with a review of the association’s legislative advocacy work at the state level.

“Some of our activities in Sacramento mainly deal with defense,” Cao said. “We are constantly warding off bad rental housing legislation.”

For example, he said, CAA defeated a bill that would have created a 25% tax on property sold within five years of purchase. The association also stopped an attack on California’s Ellis Act that would have forced rental property owners to stay in business for five years after acquiring a property.

Cao also reviewed a couple of positive bills that CAA sponsored this year. One would provide financial relief to landlords who’ve gone without rental payments during the pandemic but were excluded from government rental assistance. The other would clarify how California’s anti-price-gouging law applies to rental housing during states of emergency.

San Diego

Woods, who joined CAA’s local public affairs team in March, discussed some of the policy issues facing housing providers in the city of San Diego, including a pandemic-related state of emergency and a pair of eviction moratoria — one focused on nonpayment of rent, the other on no-fault tenancy terminations. 

In the coming months, she said, San Diego council members are expected to propose a number of onerous policies including expanded noticing periods, exorbitant relocation fees, and even a rental registry.

“We’re also seeing that local ordinances have small but impactful inconsistencies with state law, making it very difficult for even a very savvy property owner to abide by the conflicting regulations,” Woods said.

Participants also heard from Mallory Homewood, CAA’s policy and compliance counsel, who pointed out that the city’s nonpayment eviction moratorium isn’t actually in effect at present because it’s been preempted by state eviction protections. The preemption, however, is set to lapse June 30, allowing the local moratorium to kick in July 1. The local law will prevent eviction for nonpayment of rent attributable to the pandemic when tenants provide the proper notice to the landlord.

The no-fault eviction moratorium is already in effect and prohibits almost all evictions when a tenant has done nothing wrong, but with a few exceptions, such as if a landlord or family member needs to move into the unit. Homewood reminded participants that they can learn more about these laws and how they interact by reviewing Industry Insight papers at CAA’s website, caanet.org.

Chula Vista

Restrictive legislation in the area isn’t limited to the city of San Diego. The county’s second largest city, Chula Vista, has been entertaining a proposed “tenant protection” ordinance that would expand the definition of harassment and make it more difficult for owners to renovate older apartments or move into a unit that has been rented out.

CAA mobilized its members to oppose the measure, which led to a postponement of the vote.

“If the tenant groups get the outcome that they’re looking for in Chula Vista, we know they’re going to continue pushing for similar ordinances across the county,” Woods said.

Cao noted the push for anti-harassment ordinances began in Northern California, as tenant groups, frustrated with their failure to pass local rent control ordinances, shifted their focus to regulating everyday landlord-tenant operations, placing even the most basic communications under intense scrutiny. Tenant activists also are increasingly pushing for stricter “just cause” for eviction restrictions, he said, adding that when activists can’t advance the policies they want at the local level, they’ll take the issue to Sacramento, and vice versa.

In the courts

Sometimes, elected officials push through anti-landlord policies that are legally questionable, leading CAA to engage in the courts.

“Probably the most prevalent development we’ve seen is the multitude of lawsuits challenging eviction moratoria at the national, state and local level,” Homewood said. “And with all this going on, CAA has discovered that advocacy in the courts is becoming a really important tool for the industry. And as a result, CAA’s involvement with legal action has grown significantly recently.”

Providing an example, the attorney provided a brief update on CAA’s recent lawsuit challenging the constitutionality of Alameda County’s eviction moratorium, which is among the most stringent in the state. CAA also challenged San Diego County’s eviction moratorium last year.

Get engaged

The presenters explained some of the ways that CAA members can get involved and fight negative policy proposals, such as responding to emailed action alerts.

“I know we are all drowning in emails, but an action alert means that a crucial decision is being made,” Woods said. “It might not seem like you’re making a difference, but these emails and e-comments are meaningful. 

“Also, please reach out to us and share your stories. The more we have direct stories, the more we can connect you with our policymakers, and we can humanize the decisions that they’re making.”