Review of California New Laws
  • State Rent CAP/Just Cause
  • COPA – Qualified Non-Profit
  • 3-Day Notice/ Unlawful Detainer Serve Dates
  • Owner/Relative Move-In Evictions & Protected Tenants
  • Tenant Buy- Out
  • ADUs / Removal of In-Law unit
  • SF Rent Ordinance
  • Q&A Session

State Rent Cap/ Just Cause – General
► All Residential Rental Property (unless exempt)
► Tenants must be in possession for 12 or more months

State – Rent Cap – Regulation
(Retroactive to March, 15, 2019)
► Maximum rent increase in any twelve-month
period:
► 5% plus CPI or 10% (whichever is lower)
► No more than 2 increases in any 12-month period

State – Rent Cap – EXEMPTIONS
► Property already subject to rent control
► Condo/ Single family home :
► EXCEPT: WHERE CORPORATE OWNERSHIP; OR LLC OWNERSHIP WHERE ONE
MEMBER IS A CORPORATION; OR REIT OWNERSHIP.
► Certificate of occupancy issued w/in the previous 15 years
► Public Housing
► Dormitories (Higher institution)
► Duplex where owner lives in one unit since beginning of tenancy
► Exemption: Disclosure requirements:
► MUST BE DISCLOSED IN LEASE EFFECTIVE JULY 2020

State – Just Cause Eviction
► Non-payment of rent
► Breach of Covenant CCP: 1161(3)*
► Nuisance CCP: 1161(4)
► Waste CCP: 1161(4)
► Failure to renew lease
► Criminal activity as provided by penal code
► Assignment Sublet CCP: 1161(4)
► Failure to provide access
► Unlawful purpose CCP: 1161(4)
► Tenant’s failure to vacate after Tenant provides notice of termination
► Occupant’s failure to vacate after termination of employment CCP: 1161(1)
*Note: Tenant must be provided opportunity to cure; if not cured then notice to quit may issue

State – Just Cause/No Fault Eviction
► OMI/RMI (Effective July 2020, lease must disclose right to OMI/RMI)
► Ellis Act
► Government requires property to be vacated
► Demolition/Substantial remodel
► Relocation requirement:
► Owner must provide one month rent waiver OR pay tenant one
month’s rent within 15 days of service of notice.

State – Just Cause Eviction – EXEMPTIONS
► Property currently subject to a Just Cause Eviction Ordinance
► Property subject to eviction control enacted after Sept 1, 2019 is such law is more protective
► Condo/ Single family home:
► EXCEPT: WHERE CORPORATE OWNERSHIP; OR LLC OWNERSHIP WHERE ONE MEMBER IS A COPORATION; OR REIT
OWNERSHIP
► Certificate of occupancy issued within previous 15 years
► Public housing entities
► Dormitories (Higher institution & K-12)
► Duplex if owner lives in one unit since beginning of tenancy
► Transient / tourist units
► Nonprofits, elder care; hospitals
► Tenant who is roommate of owner
► Owner Occupied SFH with ADU
► IF PROPERTY EXEMPT PER THE ABOVE MUST BE DISCLOSED IN LEASE
EFFECTIVE JULY 2020

What is COPA

Latest SF Ordinance – Community Opportunity to Purchase Act
► Intended to create more affordable rental housing
► Gives QUALIFIED Non-Profits (QNP) the right of first purchase
for any multi-family building sold in San Francisco & the right
to match offers
► Applies to all buildings with 3+ residential units and vacant
land zoned for 3+ units

Source