News: Rent Control/Ellis Act

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PLEASANT HILL — A panel of experts will offer an economic forecast next week for Contra Costa, Napa and Solano counties and delve into the implications for the rental housing industry. The California Apartment Association’s 2015 Economic Outlook, set for Wednesday, Feb. 25, will provide an analysis of economic and demographic indicators in the region. Further, the panelists will explore what’s driving those indicators and likely impacts on the apartment business. CAA’s morning-long program will help landlords and property managers put market trends into perspective. With talk of rent control in some regional cities, it’s vital that multifamily professionals understand… Read More

Tagged: Contra CostaSolano

Under legislation expected this year, landlords could be forced to sign government contracts through local housing authorities, use their mandated leases, and accept Section 8 certificates. The California Apartment Association’s Board of Directors heard about this anticipated bill and several other likely proposals on Feb. 12, during its first meeting of 2015. State lawmakers are also expected to attack the Ellis Act again this year. The Ellis Act is a state law that prohibits cities and counties from forcing landlords to stay in the rental housing business. In 2014, CAA successfully defeated a bill that would have forced San Francisco… Read More

Tagged: North Bay

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

By SHANT APEKIAN Republicans and Moderate Democrats – including numerous allies of the apartment industry — enjoyed major victories in California on Election Day, giving the California Apartment Association reason to celebrate. During this election cycle, the California Apartment Association’s Political Action Committee spent roughly $2 million ensuring the election of candidates who will defend the interests of the multifamily housing industry. Bolstered by CAAPAC’s political support, voter frustration with the status quo and record-low voter turnout, business-friendly candidates garnered vital wins. Statewide, Gov. Brown easily secured a fourth term, and Democrats once again swept all the constitutional offices. In… Read More

Tagged: Contra CostaSan DiegoOrange CountyTri-County

Question: The guest of one of my residents broke the window of the unit. Our lease states that residents are responsible for damages caused by them or their guests. The resident is refusing to pay and said she is not responsible as the damage was caused by her friend. The resident is adamant that I must first attempt to sue/collect against the friend (who I do not have any contact information for) before I can try to come after the resident directly. Is that correct? Answer: The resident is responsible for the conduct of her guests. There is no legal… Read More

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Thanks in part to advocacy efforts by the California Apartment Association, the Huntington Beach City Council has reversed its decision to place a rent control measure on the November ballot. The council voted 4 to 3 on Monday, Aug. 11, to repeal the ballot measure, one month after voting to put the proposal before voters. The measure, if it had gone to voters and been approved, would have authorized the council to implement rent-stabilization guidelines for mobile home parks. “We are happy to see that rent control will not come to Huntington Beach anytime soon,” said Tommy Thompson, executive director… Read More

Tagged: Orange County

In the next seven days, a major threat to the Ellis Act is expected to either win Senate approval or die on the Senate floor. We’re counting on you, our members, to help ensure the latter. Here’s the urgency: Friday, May 30, is the deadline for bills to pass out of their house of origin. Those that do will then go to the other house for consideration. So any day now, Sen. Mark Leno, D-San Francisco, is expected to push for a Senate vote on SB 1439, an assault on property rights that would weaken a landlord’s ability to quit… Read More

Tagged: San Francisco Apartment Association

Question: Do I have to pay a tenant interest on his security deposit? Answer: There are no state laws requiring that interest be paid on the tenant’s security deposit.  However, some rent control ordinances and/or other local ordinances do require interest to be paid. Question: We served a three-day notice to pay rent or quit.  What is the latest date we could start an unlawful detainer without our three-day notice “becoming stale” and having to be re-served? Answer: It depends on the facts of any given case, but the longer you wait, the more of an argument you are giving… Read More

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Jerry Jacoby is a fourth-generation San Franciscan who lives on Filbert Street in the Russian Hill neighborhood. He was born and raised off of San Bruno Avenue and attended Lowell High School. Aside from serving two years in the Army in the Vietnam War, Jerry has spent his entire life in The City. He raised his four children in San Francisco and spent his working life at a number of jobs as an engineer, consultant and analyst for local firms from Levi’s to Fibreboard Paper to Matson. Jerry now survives on $12,000 each year in Social Security payments. As a… Read More

Tagged: San Francisco Apartment Association

Question: I have a tenant who I strongly believe is selling and using drugs. What actions can I take without having any evidence? Answer: In order to use the illegal drug activity as a basis for eviction, you have to prove that the drug activity is going on; otherwise, if you are on a month-to-month tenancy, you can serve a 30- or 60-day notice without cause, unless you are in a rent controlled area. Question: Our tenants have just informed us via telephone that their rent check will bounce, they don’t plan to cover it, and they intend to vacate… Read More

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