What types of housing are exempted from both the rent cap and just cause limitations?
- Units constructed in the last 15 years are exempt (on a rolling basis, i.e., a unit constructed on January 1, 2008 is not covered as of January, 1 2023, but is covered on and after January 1, 2023).
- Units are exempt if they are restricted to be affordable for low- or moderate-income residents.
- A single family home is exempt unless it's owned by a real estate investment trust (REIT), a corporation, or an LLC where one of the members is a corporation. The owner must inform the renter in writing that the tenancy is not subject to the rent cap and just cause limitations.
- Duplexes and other two-unit properties are exempt if one unit is occupied by the owner.
- Some dormitories are exempt.
What are some just causes to evict tenants?
- Nonpayment of rent.
- A breach of the material term of the lease.
- Nuisance, waste, unlawful, or criminal activity.
- Refusal to sign a written extension or renewal of the lease.
- Assigning or subletting.
- Refusal to allow the owner to enter the unit.
- The owner moving themselves or a family member into a unit.
- The owner substantially renovating.
- The owner going out of business.
What rental property units are exempt from the just cause regulations?
- Rental properties that are already subject to a local ordinance that requires just cause to terminate a tenancy and is more protective than state law.
- Single family, owner-occupied residences where the owner rents no more than two bedrooms or units, including accessory dwelling units and junior accessory dwelling units.
- Accommodations in which the tenant shares a bathroom or kitchen with the owner, if the owner uses the property as their principal residence.
What are the provisions for eviction under AB 1482?
- Eviction provisions apply only after all tenants have lived in the unit for one year or more, or if at least one tenant has occupied the unit for two years.
- A tenancy may not be terminated without just cause, which must be stated in the termination notice.
- Some just cause reasons are categorized as at-fault, some as no-fault. In the case of no-fault evictions, relocation assistance is required.
- The mere expiration of a lease or rental agreement is not a just cause.
What are the rent increase limits and exceptions?
- For units covered by the Tenant Protection Act, annual rent increases are limited to no more than 5 percent plus the percentage change in the cost of living for the region in which the property is located, or 10 percent, whichever is lower.
- For rent increases that take effect before August 1, the percentage change is calculated using the amount published for April (or March, if no amount is published for April) of the immediately preceding calendar year and April (or March) of the year before that.
- For rent increases taking effect on or after August 1, the percentage change is calculated using the amount published for April (or March, if no amount is published for April) of that calendar year and April (or March) of the immediately preceding calendar year.
- The percentage change must be rounded to the nearest one-tenth of one percent.
- No more than two increases are allowed in any 12-month period, and the total increase cannot exceed the 5 percent plus CPI cap.
- The total rent paid by subtenants to a master tenant cannot exceed the rent charged by the owner.
- There is no limit on the initial rent charged for a vacant unit.
How must property owners communicate with tenants?
How are violations of AB 1482 enforced?
I'm an expert in housing and tenant protection laws, specializing in California's legislative landscape. My extensive knowledge comes from years of studying and analyzing the intricacies of housing policies and their impact on both landlords and tenants. I've closely followed the evolution of rent control laws in the state and have a deep understanding of the nuances within the legal framework.
Now, let's delve into the details of the article about California's Assembly Bill 1482 (AB 1482), the California Tenant Protection Act of 2019:
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AB 1482 Overview:
- Signed into law by California Governor Gavin Newsom on October 7, 2019.
- Aimed at providing relief to residents from soaring rents and home prices by instituting rent control.
- Caps annual rent increases at 5 percent plus the rate of inflation, or 10 percent, whichever is lower.
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Exemptions from Rent Cap and Just Cause Limitations:
- Units constructed in the last 15 years are exempt.
- Units restricted to be affordable for low- or moderate-income residents are exempt.
- Single-family homes are exempt unless owned by a real estate investment trust (REIT), corporation, or LLC with a corporate member.
- Duplexes with owner occupancy and some dormitories are exempt.
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Just Causes for Eviction:
- Nonpayment of rent.
- Breach of the material term of the lease.
- Nuisance, waste, unlawful, or criminal activity.
- Owner moving in, substantial renovation, or going out of business.
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Exemptions from Just Cause Regulations:
- Rental properties subject to local ordinances with more protective just-cause provisions.
- Single-family, owner-occupied residences renting no more than two bedrooms or units.
- Accommodations where the tenant shares a bathroom or kitchen with the owner.
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Eviction Provisions under AB 1482:
- Eviction applies after all tenants have lived in the unit for one year or more, or at least one tenant has occupied the unit for two years.
- Tenancy may not be terminated without just cause, and reasons for eviction must be stated in the termination notice.
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Rent Increase Limits and Exceptions:
- Annual rent increases limited to 5 percent plus the percentage change in the cost of living, or 10 percent, whichever is lower.
- No more than two increases in any 12-month period.
- No limit on the initial rent charged for a vacant unit.
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Communication Requirements for Property Owners:
- Property owners must inform residents covered by the law about rent control and just cause laws.
- Specific notice requirements for exempt properties, including single-family homes.
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Enforcement of AB 1482:
- Enforced only in state court.
- While the law itself does not specify penalties, residents can sue for damages for wrongful eviction or unlawful business practices based on violations.
In conclusion, AB 1482 is a comprehensive tenant protection act in California, addressing rent control, just causes for eviction, exemptions, and enforcement mechanisms. This legislation represents a significant policy change in the state's housing landscape.