News: Legal News

Filter

When he was 13, Brian Govender and his family moved into a San Francisco apartment with rent control. Naturally, the boy didn’t sign the lease. His parents, being grownups, took care of that. Fast forward a decade. Govender, now in his mid-20s, still lives in the rent-controlled apartment. His parents do not. This posed an interesting question regarding when rent control can expire. On one hand, Govender was a young teen when he moved in, so he didn’t sign the rental agreement. Some might say rent control protections for the unit lapsed when his parents moved out. Others would consider… Read More

Tagged: San Francisco Apartment Association

The California Apartment Association’s Ask an Attorney seminar series made its Solano County debut this week with a question-and-answer session in Fairfield. The seminar, held Thursday, Jan. 9, provided a venue for members to receive expert input about legal issues that owners and managers commonly face. Rental housing professionals asked about topics such as service animals, medical marijuana, bedbugs and new smoke alarm requirements. The speaker, attorney Brian Rosales, answered questions to clear any confusion and help property managers operate legally. Rosales, for example, urged attendees to inquire carefully regarding a tenant’s need for a service animal. “You cannot ask… Read More

Tagged: Solano

Landlords don’t have to conduct extensive investigations to track down tenants who go missing when facing eviction, according to a ruling Wednesday by the Sixth Appellate District Court. After receiving a brief from the California Apartment Association, the appellate court ruled in favor of the property owner, Stanford University, which tried but could not locate Christine Marie Ham to personally serve her with an eviction lawsuit. Instead, Stanford mailed the paperwork — an unlawful detainer summons and complaint – to Ham’s residence and posted it on her front door. Landlords reluctantly resort to this technique, known as “nail and mail,”… Read More

Tagged:

If an ex-tenant at Stanford University gets her way in appellate court, evictions across California could take much longer. To fend off this scenario, the California Apartment Association has filed a brief in the case of Stanford vs. Christine Marie Ham. The amicus brief holds that Stanford took sufficient steps to reach Ham in person before posting eviction paperwork — an unlawful detainer summons and complaint — to her front door and mailing them to her rental unit. In addition, Ham’s employer information was outdated, an additional obstacle to handing her the documents in person. Ham, on the East Coast… Read More

Tagged:

Discriminating against tenants – even if unintended — has long flown in the face of both California and federal law. But just how the law plays out in court has varied by circuit across the country. A new rule, issued Feb. 8 by the U.S. Department of Housing and Urban Development, aims to change that. HUD’s final rule on implementing the Fair Housing Act’s Discriminatory Effects Standard includes guidelines that standardize what constitutes discrimination through “disparate impact” and what it takes to prove it in court. First, HUD clarifies that the plaintiff bears the burden of proof. In the rental… Read More

Tagged:

The Santa Cruz City Council has unanimously approved sweeping changes to the way rental owners pay interest on a tenant’s security deposit.  The changes reduce the burden placed on rental owners to calculate, process, and distribute interest payments each year.  

Tagged:

San Jose’s minimum wage increases from $8 to $10 next month — and apartment managers need to know how this will affect them. In addition to shelling out $2 more per hour, employers affected by Measure D will need to post – in a conspicuous place – notices of the wage increase by March 11. Click here to download the notice that needs posting in the workplace.

Tagged: Tri-County

For the first time, California and federal accessibility standards are in sync. The updated 2013 California Building Code aligns access regulations for everything from parking spaces and handrails to housing, says the state’s Division of the State Architect. The division developed the new regulations, which integrate state building code provisions with those from the 2010 Americans with Disabilities Act Standards for Accessible Design. The regulations put in place a single set of requirements that meet both state and federal accessibility mandates. The commission adopted the package last week, and the changes take effect Jan. 1, 2014. “Adoption of the 2013… Read More

Tagged:

Allegations are flying following an apartment building fire in the Bronx that left tenants without cooking gas. Now, the residents are demanding rent abatement for the trouble. The blaze occured in August 2011 at Mount Eden apartments, and 58 units went without cooking gas for seven months, the New York Daily News reported. New York Lawyers for the Public Trust wants Chestnut Holikdings, Inc. to reimburse tenants one-third of rent paid during the gas-free months. In the Daily News story, you’ll find fingerpointing in every direction: The property management company says it didn’t restore cooking gas because a group called… Read More

Tagged:

By Heidi Palutke, Esq. CAA research counsel Owners have a new option for compliance with the 21-day deadline for accounting for a tenant’s security deposit. CAA-sponsored AB 1679, which took effect Jan. 1, allows an owner to provide the accounting by email and electronically return any remaining deposit into the renter’s bank account. Specifically, AB 1679, introduced by Assemblywoman Susan A. Bonilla, now provides that after either the owner or resident has given notice of termination, they may agree to have the owner: Deposit any remaining portion of the security deposit electronically to a bank account or other financial institution… Read More

Tagged: