New 2018 California Rental Laws

There are various laws that have come into effect as of January 1, 2018 concerning:

1. Immigration status,

2. Marijuana,

3. Employment,

4. The housing crisis, and

5. Flood zones.

Immigration Status

According to California Assembly Bill No. 291, also called the Immigrant Tenant Protection Act, a landlord may not force or influence a tenant to vacate a unit or recover possessions of a rental based on the tenant's immigration status. This AB is targeting discrimination and implementing civil penalties against such landlords.

Further, AB 291 provides protection for tenants against eviction where a landlord demands identifying documents (such as a social security card) after already approving the tenant for the rental.

Marijuana

The state has legalized the recreational use of marijuana under Proposition 64, however, California landlords may still prohibit the use of marijuana on their property. In fact, the proposition expressly allows owners of private properties to prohibit such recreational use or related actions on the property.

Employment

Under Assembly Bill 1008, California property owners, management firms and other employers may not request the disclosure of criminal history in the hiring process on the employment application. Further, potential employers may not ask about a job applicant's salary history under Assembly Bill 168 in order to determine how much to pay a prospective hire.

The Housing Crisis

Homelessness has increased in California and continues to do so. As such, affordable housing has taken priority for legislators including Governor Brown. Assembly Bill 678, aims at holding local governments accountable and prevents the arbitrary denial of housing projects in violation of state law. Additionally, Gov. Brown has signed into legislation an increase of micro-apartments, which may be used for university housing units as well as shelters for homeless individuals under Assembly Bill 352.

Flood Zones

Under Assembly Bill 646, in every lease or rental agreement for residential property a landlord that has actual knowledge that their property is located in a flood-hazard area must disclose this information to a prospective tenant beginning July 1, 2018.

For more information on how these new laws may affect you, please call Aziz Legal by phone at (408) 203-4627 or email us at abid@azizlegal.com.

This article is merely informational and is not intended to be used as legal advice. Use of any information from this article is for general information only and does not represent personal legal or tax advice, either express or implied. Readers are encouraged to consult Aziz Legal, or another attorney, for any specific legal matters.