AB 1482: Tenant Protections Act of 2019
On October 8, 2019, Governor Newsom signed AB 1482, the Tenant Protection Act of 2019, providing rent cap and just cause eviction protections to qualified rental housing across California. The bill limits annual rent increases at 5% plus the "cost of living" index, which at present comes to an allowed rent increase of 9.2% for much of the region’s multifamily housing stock. The law became effective January 1, 2020 and remains in effect until January 1, 2030.
The bill applies to all jurisdictions in California, unless a local rent cap or just cause for eviction ordinance was passed before September 1, 2019, or a more protective ordinance was passed after September 1, 2019. In Marin County, the unincorporated areas of Marin, in addition to the Town of Fairfax and the City of San Rafael passed local Just Cause ordinances in 2019. There are no local rent cap ordinances in place in any jurisdiction of Marin County, meaning the State law regarding rent caps applies throughout the county.
Review the Frequently Asked Questions from landlords and tenants below to learn more about this bill.
California "Anti-Price Gouging" Statute
Another law that places limits on the amount a landlord can increase rent is Penal Code section 396, also known as the “anti-price gouging” statute. This section covers the 30-day period following a state of emergency declared by the President, Governor, or local governing body vested with authority to make that declaration (i.e., City Council, Board of Supervisors, etc.) and prohibits a landlord from increasing rental prices to existing or prospective tenants by more than 10 percent. This applies to all rental properties, regardless of AB 1482 exemption. According to the Governor's Office of Emergency Services, a state of emergency is identified in Marin County until 9/24/23. This rental increase prohibition does not apply if the landlord can prove that an increase of more than 10 percent is directly attributable to additional costs for repairs or additions beyond normal maintenance that were amortized over the rental term that caused the rent to increase by more than 10 percent.
SB 329: Housing Opportunities Act of 2019
On January 1, 2020, SB 329 the Housing Opportunities Act of 2019 (SB 329), became law. SB 329 amends the existing Fair Employment and Housing Act to clarify that housing vouchers, including but not limited to “Section 8”, Housing Choice Vouchers, and Veterans Affairs Supportive Housing “VASH”, are included within California’s prohibition on discrimination based on source of income or income from rental assistance programs.
SB 329 redefines the term source of income as “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 vouchers under Section 8 of the United States Housing Act of 1937”.
All jurisdictions in California are covered under this bill. Landlords cannot or advertise or discriminate based on the payment source for their rental property. Landlords with questions about the Section 8 program should contact the Marin Housing Authority for more information.
Review the Frequently Asked Questions from landlords and tenants on the County's local Source of Income ordinance page for more information.