Laws passed by California Legislature

Foreclosure: Right of First Refusal Following Trustee's Sale of One to Four Single Family Property

Foreclosure: Tenant's, prospective owner-occupants and non-profit's right of first refusal following trustee's sale of one to four single family property. No bundling of such properties at a trustee's sale.

First, this law grants tenants, prospective owner-occupants, nonprofit affordable housing providers, community land trusts, limited-equity housing cooperatives, and public entities a 45-day window to purchase residential property through foreclosure if they can match (in the case of tenants) or exceed (in the case of other purchasers) the last and highest bid made on residential one to four single-family homes at the foreclosure auction.  Second, this law prohibits sales of bundled properties at foreclusure auctions. Third, it increases local govenments' authority to assess fines on owners of blighted propeerties acquired at foreclosure sales.

C.A.R opposed this law as it creates a complicated and lengthy bidding and foreclosure sale process, causing uncertainty within the foreclosure transaction process.

This Law:

1) Forbids a foreclosure trustee from bundling properties for sale at a foreclosure auction, instead requiring that each property be bid on separately.

2) Provides an eligible bidder 45 days after a home foreclosure auction to make an offer for the home that exceeds the highest bid.  Defines "eligible bidder" to include: a) A tenant in the home, a prospective owner-occupant, or a nonprofit in which a propective owner-occupant or eligible tenant is a voting member or director. b) An eligible nonprofit based in California whose primary activity is developing and preserving affordable rental housing, a limited partnership for which an eligible nonprofit is the managing general partner; or a limited liability company in which eligible nonprofit corporation is the managing member. c) A community land trust or a limited-equity housing cooperative. d) The state, the University of California, a county, city,...

Community Water System Exemption - Senate Bill 974

Water: Community Water System Exemption

Senate Bill 974: California Environmental Quality Act: Small Disadvantaged Community Water System: Exemption - This measure will help impacted communities gain access to clean and safe drinking water.  This bill offers a modest but important exemption to very limited community water supply projects that will help certain residents obtain clean and reliable water. C.A.R. supported this measure as it will provide an exemption in CEQA to help expedite small community water projects.

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Exemption from Reassessment Retained for Rebuilt Property Destroyed by Disaster up to 120% of Value of Original

In a Governor-declared disaster an exemption from reassessment will be retained for reconstructed improvements which are comparable to the improvement replaced if similar in size, utility, and function and within 120% of value of original property.

This law allows owners of property substantially damaged or destroyed in a Governor-declared disaster to reconstruct comparable improvements onsite with a return to the former improvement's base year value.  While existing law effectively allows this in a form of a new construction exclusion, this law adds a new provision specific to post-disaster reconstruction following a Governor-recognized event and allows a more generous comparability definition.  Specifically, it defines the term "comparable" using the same 120% definistion used when a victim of a major disaster decides to reconstruct replacement property on site of the damaged property.  Under this definition, reconstructed improvements will be found comparable to the improvement replaced if similar in size, utility, and function and withing 120% of value.  This law applies to real property damaged or destroyed by misfortune or calamity on or after January 1, 2017.

Assembly Bill 2013 is codified as Tax and Revenue Section 70.5. Effective January 1, 2021.

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Price Gouging: Increases the Scope of What Constitutes Price Gouging in the Sale of Goods or Services.

crime of price gougingThis law amends the crime of price gouging to 1) include where a person, contractor, business, or
other entity to charge a price that is more than 50% greater than either the amount the seller paid for the goods or the seller’s costs in selling or providing the goods or services; and 2) provide that the protections against price gouging may also apply to a timeframe prior to a date as set in the proclamation or declaration. It does not affect provisions of Penal Code 396 pertaining to the price of rental housing.

This law expands the crime for price gouging to also include selling or offering to sell those goods or services for a price 10% greater than the price charged immediately prior to a date set by the proclamation or declaration of emergency.  It makes it a crime for a person, contractor, busines, or other entity who did not charge a price for the goods or services immediately prior to the proclamation or declaration of emergency to charge a price that is more than 50% greater than the seller's existing costs, as specified.  It authorizes the Governor or the Legislature to extend the duration of these prohibitions for periods greater than 30 days, and during the extension, authorize specified price increases that exceed the otherwise permissible amount, as specified.

Senate Bill 1196 is codified as Penal Code 396.  Effective January 1, 2021.

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Prop 19 - Allows to Move Your Tax Base Without Penalty to Other Counties in California

TAX SAVINGS FOR OLDER HOMEOWNERS

Thanks to Prop 19, seniors, retirees, and all homeowners aged 55+ can move closer to family, medical care, or to a home that better meets their needs anywhere in California without a
tax penalty.

 Prop 19 removed unfair location and price restrictions, allowing older homeowners to transfer the tax base of their home to a new home.*

SAVINGS FOR HOMEOWNERS WITH SEVERE DISABILITIES

Prop 19 also removed unfair restrictions on Californians with severe disabilities, allowing homeowners to move to a replacement home anywhere in California without
a tax penalty.*

 Under Prop 19, homeowners with severe disabilities can transfer the tax base of their existing home to a replacement home up to three times.

HOUSING RELIEF FOR VICTIMS OF WILDFIRE AND NATURAL DISASTER

After wildfires destroyed more than 24,000 family homes in the past few years, wildfire victims have faced massive property tax hikes when relocating to another home.

 Prop 19 allows ...

Mobilehomes: Exemptions from Rent Control Disallowed Until 2025

The exemption from local mobilehome rent control laws for leases of 12 months or more is disallowed temporarily until January 1, 2025.

Previously, the law exempted a rental agreement in a mobilehome park that is in excess of 12 months’ duration, and that meets other specified requirements, from local rent control ordinances.

This new law prohibits the above-described exemption from rent control in mobilehome parks for rental agreements from applying to a rental agreement entered into on or after February 13, 2020. These provisions are repealed on January 1, 2025.

Assembly Bill 2782 is codified as Civil Code Sections 798.17 and 798.56, and Government Code Sections 65863.7 and 66427.4.  Effective January 1, 2021.

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COVID-19 Rent Moratorium Rules Extended Statewide | Mobilehomes

The COVID-19 Tenant Relief Act is applied to mobilehomes in mobilehome parks.

Applies all of the protections of the COVID-19 Tenant Relief Act of 2020 to persons who rent space in a mobilehome park. See the summary of this law above in under the heading Landlord/Tenant: "COVID-19 Tenant Protection Act of 2020"

The COVID-19 Tenant Relief Act of 2020 extends tenant rental relief protections to the Mobile Home Residency law by defining "landlord" to include an owner of a mobilehome park and an owner of a mobilehome park space or lot, and requiring that any notice to pay rent or quit for a mobilehome renting space in a mobile home park comply with all of the notice rules, including provision of a 15-day notice, statutory advisories and a blank declaration per the Tenant Relief Act. The UD process would adhere to the all of the same procedures under the Tenant Relief Actc with exceptions that are specific to mobilehome eviction such as, for example, that a UD may not be filed for at least 60 days after service of a notice to pay rent or quit.

These provisions were part of a larger bill Assembly Bill 3088 and are codified as Civil Code Section 798.56 and Code of Civil Procdure Sections 1179.01 through 1179.07.  Effective immediately on August 31, 2020, as urgency legislation.

Read more laws here

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Termination of Tenancy Right for Crime Victims Expanded : Landlord/Tenant

This law extends existing provisions of law authorizing a tenant to terminate a tenancy when the tenant or a household member is a victim of domestic violence or elder abuse to also include a crime that caused bodily injury or death, the exhibition, drawing, brandishing, or use of a firearm or other deadly weapon or instrument, or that included the use of force or threat of force against the victim, and expands these provisions to apply if an immediate family member of the tenant is a victim of an eligible crime.

This law extends the existing law as follows:

  1. Adds a crime that caused bodily injury or death, that included the exhibition, drawing, brandishing, or use of a firearm or other deadly weapon or instrument, or that included the use of force against the victim or threat of force against the victim to the existing list of eligible crimes for which a tenant may terminate the lease if the tenant or a household member is a victim.
  2. Authorizes a tenant to terminate a lease if an immediate family member was a victim of an eligible crime.
  3. Authorizes any other form of documentation that reasonably verifies that the eligible crime or act occurred to be given to the landlord.
  4. Adds a victim of violent crime advocate to definition of qualified third party that may sign documentation to be provided to a landlord.
  5. Requires the tenant to provide a specified written statement to the landlord if the tenant is terminating tenancy because an immediate family member is a victim of an eligible crime, the tenant did not live in the same household as the immediate family member at the time of the eligible crime, and no part of the crime occurred within the dwelling unit or within 1,000 feet of the dwelling unit of the tenant.
  6. Requires the notice to terminate the tenancy to be given within 180 days of the date that the newly added eligible crimes occurred.
  7. Prohibits a landlord from requiring...
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