HomeMy WebLinkAboutC-1 Staff Report Tenant Protection Act AB 1482TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: SERGIO GONZALEZ, CITY MANAGER
FROM: MARCO A. MARTINEZ, CITY ATTORNEY
DATE: NOVEMBER 4, 2019
SUBJECT: INFORMATION CONCERNING COMPLAINTS OF TENANT EVICTIONS AND
IMPACT FROM AB 1482
BACKGROUND
On October 8, 2019, Governor Gavin Newsom signed into law the Tenant Protection Act of 2019
(Assembly Bill 1482). AB 1482 limits rent increases across the state to 5 percent plus cost of living
inflation, or 10 percent, whichever is lower. The law also prohibits an owner from terminating a tenancy
without just cause. But the prohibitions on eviction without just cause will not go into effect until
January 1, 2020.
DISCUSSION
Since the passage of AB 1482, we understand that many cities have received inquiries from landlords,
tenants and property managers regarding the impact of AB 1482. In fact, fair housing organizations have
reported a significant increase in the number of “no-cause” notices of termination issued to tenants.
According to the article linked below, the purpose of the notices is to issue 60-day (no-fault) eviction
notices to tenants so that the landlords can raise the rents before the rent control limits of AB 1482 take
effect on January 1, 2020. Of course, such actions leave tenants scrambling to find other rental units or
pay the increased rents. Since AB 1482 will also contain provisions prohibiting the termination of rental
agreements without “just cause” (i.e. a breach of the rental agreement by the tenant), the deadline for
issuing a 60-day notice to terminate a tenancy for the purpose of increasing rents before the effective
date of AB1482 is/was October 31st.
CITY OF AZUSA ACTIONS
A landlord that has not issued a notice to terminate tenancy prior to October 31 will likely not be able to
terminate a tenancy without being subject to the rent control limits of AB 1482. As a result, we believe
the incentive to pursue no-fault evictions will likely subside after October 31st. Nevertheless, we may
receive inquiries concerning the new law from tenants who are unsure of its impacts or who may in the
process of being evicted for cause (i.e. because they have breached a lease term). For that reason, City
staff will be putting together information concerning fair housing resources to assist local tenants that
C-1
RECEIVED AND FILED
CITY COUNCIL
11/4/2019
AB 1482
November 4, 2019
Page 2
have such inquiries or were subject to a prior notice to terminate their tenancy. That information will be
placed on the City webpage and any inquiries concerning such issues will be directed to the agencies
that staff identifies.
We are hopeful that such resources will assist any tenants that are facing eviction due to AB 1482 or any
other reasons. In the meantime, please feel free to contact Sergio, Matt or me with any questions.
Prepared by: Reviewed and Approved:
Marco A. Martinez Sergio Gonzalez
City Attorney City Manager