Here’s to a New Year! More New Laws to Remember and Abide To!

Here’s to a New Year! More New Laws to Remember and Abide To!

(Excerpt from NARPM’s December 18th, 2012 Annual Legal Class) 

Senate Bill 1191 – Foreclosure-related. Owner must disclose a Notice of Default to applicant.

Senate Bill 1229 – Prohibits owners from requiring declawing of cats and devocalizing of dogs as a condition to qualify for rental.

Senate Bill 1055 – Bans practice of requiring online-only (such as EFT’s) payments.  2 options for paying rent must be allowed.

Senate Bill 183 – (passed in 2010) Requires CO detectors in any home with attached garage, fossil fuel burning appliance or fireplace; multi-unit dwellings by January 2013.  This is an expansion of the requirements that were already in place for single family homes last year.

Assembly Bill 2521 – Resident personal property current process and notices based on outdated personal property value of $300, new law increases value to $700; notice may be sent by email; resident may reclaim property within two days after vacating premises without storage charge, if property has been stored in rental unit. This is helpful for dealing with the “junk” tenants leave behind and try to later claim it was treasure.

Senate Bill 1403 – In addition to domestic violence, new law adds abuse of elder or adult dependent. Adds ‘protective order’ to list of documents that may be used to request lease termination.  This body of law has made it much easier for tenants to break the terms of their lease.

Assembly Bill 2610 – Foreclosure-related. Requires 90 day termination on month-to-month; lease must be honored; if new owner will occupy, owner can terminate lease with 90-day notice; AND applies to all subsequent owners.

Senate Bill 1953 – Non-payment of rent. Compliance issues: Renter must be informed about where and to whom rent must be paid; notify renters in writing as soon as possible after change of ownership or management; notice must be made within 15 days of change; New owner or manager may NOT EVICT over rent not paid during period of non-compliance; property manager not liable if unaware of change.

Assembly Bill 1679 – Allows use of e-mail for accounting and refund of deposit.

Senate Bill 1186 – Disability access related. Reduces damages and offers more litigation protection. Damages can be reduced from $4,000 to $1,000 if: defect is corrected within 60 days and property had CASP (Certified Access Specialist) certification or construction permitted after 12.31.2007 This law will minimize the cost of commercial lawsuits with regard to ADA violations.