Client Alert: From the Scheer Law Group: Residential Landlords Beware!

To All SLG Clients and Affiliates

From: Jonathan Seigel
Date: October 28, 2016
Client Alert: From the Scheer Law Group:
Subject: RESIDENTIAL LANDLORDS BEWARE: NEW RENT CONTROL LAWS—HOLD ON TO YOUR WALLET!

( Disclaimer): The following bulletin refers to legal issues subject to developing case law or regulatory oversight. In the event that you encounter issues covered in this bulletin, you should review the appropriate response with counsel experienced in this area of law and should update the status of any legislation, regulation or case law mentioned.. The intention of SLG is to give an overview of the subject covered and to highlight trends that are emerging, not to provide advice applicable to any particular case. No permission for the general public to use this Information is granted by SLG

There is a spate of newly passed and proposed rent control laws that landlords and trustee’s sale investors need to know. Not only are cities with existing rent control laws tightening them, but cities that have never had rent control before have passed rent control legislation or have placed it on the November ballot.

Recently, Alameda and Santa Rosa enacted rent control for the first time. There are ballot initiatives in San Mateo and Burlingame proposing to enact rent control for the first time. San Jose has made its existing rent control ordinance more restrictive. There is a ballot initiative in Oakland to make its existing rent control ordinance more restrictive.

Each city’s version of rent control is different. While single family homes and condominiums in some jurisdictions are exempt, in others there are restrictions on evictions. Where there are restrictions on evictions, landlords and trustee’s sale purchasers generally cannot undertake “no fault” evictions. In addition, wherever there is rent control, landlords should use leases drafted specifically with that city’s rent control laws in mind.

Given the far-reaching changes that have been enacted over the last few years, extending protections to tenants in post-foreclosure cases, evictions are now becoming more complex and require particular expertise. Please contact me on any landlord-tenant issues that you have questions on, or contact me or Spencer Scheer on post-foreclosure eviction questions.

I can be reached at (415) 491-8900, ext. 107 to assist you with rent control and eviction issues.