So, despite the fact that 2018’s Prop 10 failed by a wide
margin with 59%
against, the State of California has decided that they know better than the
voters and have passed statewide rent control anyway, 25-10 for the bill. The
bill will allow for rent increases not to exceed 5%+CPI (the consumer price
index, which is confusing by itself), it DOES NOT exempt low unit landlords,
and it is overlaid on top of existing rent control.
It is no exaggeration to say that the state wants to be in
the business of housing, to have all the liability be on the owners and for
fees, licenses, point of sale retrofits going to the state.
A quick history
lesson,
This is a stunning and generational about-face of the
landmark 1995 Costa Hawkins legislation that the voters of the state of
California agreed to allow rent control to die a slow death. This act did not
allow the formation of new rent control by cities. This was written as a direct
response to the Rent Stabilization Ordinance (RSO) that created rent control in
California in 1979 to reign in the worst excesses of cities such as Los
Angeles, Santa Monica and West Hollywood, where they would had what is
considered “Vacancy Control”, meaning that rent increases were kept in place
EVEN AFTER moving a tenant out and getting a new tenant in. It is amazing.
It is no exaggeration to say that the government wants
approval for you to do anything with anything you own. In no legal sense, is
this ownership or property rights.
A second, more sinister, and much less understated part of
the bill is “Just Cause” Evictions. Which are unprecendented. It is defined
below:
--
Landlords can no
longer terminate month-to-month tenancies at will and may now only evict
tenants for one of 15 specific reasons. The permissible reasons are divided
into two categories: “at fault” and “no fault.”
“At fault” termination
is generally allowed when tenants have breached their lease and does not
require the payment of relocation assistance. “At fault” reasons include
non-payment of rent, nuisance, criminal activity, refusal to allow entry, and
breach of a material term of the lease.
“No fault” termination
is allowed even when the tenant has not breached the lease and will require the
landlord to pay one month’s rent in relocation assistance. “No fault” reasons
include an owner or family member intending to occupy the property, withdrawal
from the rental market, substantial remodeling and compliance with a government
order to vacate the property,
--
Did you catch that? To move your tenant out of your rental
property to move your mother in, you have to pay them 1 month rent. To remodel
your own house, you have to pay 1 month rent, to COMPLY WITH THE GOVERNMENT,
you have to pay 1 month rent. This is truly beyond the pale.
The issue of rent control has always been less about
controlling the rental rate itself (it is actually pretty generous), and more
about “eviction procedures” and the “how much can we shake down landlords” for
doing a job that the federal and state governments have consistently failed
with throughout history. A generational fog has set in, where the unmitigated
disaster that was public housing (“The Projects”) has faded from memory.
Orange, CA-TRREG DRE#01843673-RP100 DRE#02059058-P:714-831-1800-E:info@theresultsrealestategroup.com-W:www.theresultsrealestategroup.com-Facebook - Twitter - Instagram - LinkedIn
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