New Senate and Assembly Bills that Impact Property Owners, Housing Availability and Affordability – By Joe Washburn
Posted on 01. Aug, 2016 by AOL of California
Requires unlawful detainer proceedings to be hidden permanently unless the property owner prevails on a default judgment, summary judgment, trial, or stipulations by all parties. Allows rent cheats to hide their bad actions and perpetrate harm on other property owners by keeping the unlawful detainer proceedings hidden from public view.
AB 2003 – Neutralizes Tenant Delay Tactics
Once an unlawful detainer has been served, this requires the venue for trial to be the court most proximal to the property involved. Grants the landlord immediate access to the property if the tenant filed a claim of inhabitability. AB 2003 is not positive for small property owners.
AB 2502 – Rent Controlled Inclusionary Housing
Increases the cost and reduces the supply of housing by authorizing local governments as a condition of development, to impose a costly and inflexible price-controlled inclusionary housing requirement. In so doing, AB 2502 legislatively repeals an established court decision upholding developers’ ability to set initial rent rates for new dwelling units. Also, it undermines existing Cost-Hawkins protections by allowing local governments to impose mandatory inclusionary zoning, (i.e. rent control) on newly constructed rental housing without any consideration for the economic viability of the project.
SB 1053 – Forces Owners to Accept Section 8 Housing Vouchers.
Legislation died in Committee on March 27th.
SB 1150 – Increases Risk and Cost of Residential Loans
This allows a party not on the mortgage to interfere with a lawful foreclosure. It also establishes new, lopsided, private rights of action with draconian penalties, injunctive relief and attorney’s fees only for the prevailing successor in interest. If passed into law, SB 1150 would probably the foreclosure process by additional months, if not years, if a property is involved in probate following a borrower’s death.
Joe Washburn is a SPOSFI member. Reprinted with permission of the Small Property Owners of San Francisco Institute (SPOSFI) News. F