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OF SAN DIEGO

NEW LAWS FOR 2020

  
 

 

 


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SOME HIGHLIGHTS OF THE FOLLOWING NEW LAWS FOR 2020
(This page may be updated from time to time with new information or analysis.)

 NEW LAWS PASSED TO PROTECT TENANTS
 WITH RENT CAPS, GOOD CAUSE FOR EVICTIONS AND RELOCATION BENEFITS
AB-1482  contains sweeping protections for tenants.
 Section 1946.2 is added to the Civil Code
Section 1947.12 is added to the Civil Code
 Section 1947.13 is added to the Civil Code
The bill provides rent caps and protection from unfair or groundless evictions.
These new laws may not apply to all rentals. They generally apply to multifamily units including
duplexes where both units are not owner occupied.
There are exemptions for separate properties (houses and condos) that are privately
owned by the landlord who is not a corporation or corporation within an LLC or investment trust.
The rent caps allow for rent to be raised annually up to 5% plus the percentage change
in the cost of living.  So for example if the cost of living figure is 2%,
then the rent could go up 7% that year. 
There is also added protections from unfair evictions. There are GOOD CAUSE to evict
requirements and relocation benefits under cert6ain circumstances.  
The GOOD CAUSE eviction and relocation
benefits portions of the law are also limited to certain property types
and do not apply to local jurisdictions that already have GOOD CAUSE
eviction laws.  The City of San Diego passed one in 2004.
The rent cap portion of the bill is retroactive back to March 15th, 2019.

NEW LAW PROHIBITS LANDLORDS FROM REFUSING SECTION 8 RENTAL APPLICATIONS
Section 12927 of the Government Code is amended
SB-329 Specifically provides that a landlord may nor refuse an application of a tenant based on his/her/their
 "Source of income" which "...means lawful, verifiable income paid directly to a tenant or to a representative of a tenant,
or paid to a housing owner or landlord on behalf of a tenant, including federal, state, or local public assistance,
and federal, state, or local housing subsidies, including, but not limited to, federal housing assistance vouchers
 issued under Section 8..." The law also bans blanket policies against taking Section 8 applicants and will require
landlords to treat voucher-holders like any other applicant. "No Section 8" advertisements will also be prohibited

NEW LAW REQUIRING LONGER NOTICES FOR RENT INCREASES OVER 10%
Section 827 of the Civil Code is amended
AB 1110 Changes the notice period when increasing the rent above 10% within the prior
12 months in a month to month tenancy to
90 days rather than the prior required 60 days.

NEW LAWS REQUIRING  LOWER SECURITY DEPOSITS FOR ACTIVE MILITARY SERVICE MEMBERS
AND PROTECTED USE OF VA  VOUCHERS

SB  644  lowers the amount landlords can collect for a security deposit from active service members
 of the U.S. military (defined by Section 400 of the Military and Veterans Code.). The law will limit security
deposits for these service members one month's rent for unfurnished units and two month's rent for furnished units.
 SB 222  This bill would prohibit rental property owners from refusing to accept
Veterans Affairs Supportive Housing Vouchers.

NEW LAW PROVIDING FUNDS FOR FREE LEGAL ASSISTANCE TO HOMEOWNERS
 AND RENTERS AFFECTED BY FORECLOSURE
SB 113  Provides for the creation of a Trust Fund to assist with free legal assistance (for foreclosure related
possession/renter actions) as well as many housing affected budget technical changes.

LAW CHANGED EXTENDING THE TIME TO COMPLY WITH CERTAIN NOTICES
 As of September 1, 2019, the time limits to respond to certain notices changed.
It clarifies the time in which to respond to a 3 day notice to pay rent or cure a breach of the
lease and the time in which to respond to an Unlawful Detainer.  As of September 1, 2019,
after service of any such notice or Unlawful Detainer summons, notwithstanding any other legal procedural
rule or law, the days counted
to comply or respond to the notice EXCLUDE
Saturdays and Sundays and other judicial holidays
.
So for example, if a 3 Day Notice to Pay Rent or Quit is lawfully served on a Friday,
the 1st counted day will be the following Monday (except if that is a Judicial holiday which
then moves the "1st day" to the next non-Judicial holiday day).  Counting the days in which a
response is due to an an Unlawful Detainer follows the same rule in not counting
Saturdays and Sundays and other judicial holidays .
See AB 2343

CCPA (California Consumer Privacy Act of 2018 )TAKES EFFECT
AB 375 Signed in 2018 takes effect January 1, 2020. 
Provides consumers with a broad set of rights over their collected
personal information including rights to Opt Out of having your data sold, have
your personal collected data deleted and sue for damages.
It generally applies to businesses:
With annual gross revenue over 25 million dollars,
buys, sells or receives information from at least 50,000 consumers or
makes at least 50% of its income from selling such information.


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California law for San Diego is applied in these pages. This is not represented to be a full and complete list of all laws that may or may not affect tenants or occupants in properties  Such laws may or may not be applicable in other jurisdictions.  The information provided herein is of a general nature and is not intended to be taken as specific legal advice. Legal summaries are only the opinion of the Tenants Legal Center and are not intended nor should they be relied upon as any specific representation of any law.  For legal advice in a particular situation, promptly consult with an appropriate attorney.