A primer on reasonable accommodations
In California, the Fair Employment and Housing Act (“FEHA”) prohibits discrimination and retaliation on the basis of a tenant’s protected characteristic. In the housing context, FEHA applies to real estate agents, landlords, property management companies, home sellers, mortgage lenders, housing authorities, and other housing providers. CA Gov. Code § 12955. FEHA prohibits discrimination against tenants […]
Establishing bad-faith landlord harassment
See my article on establishing bad-faith landlord harassment published in Plaintiff Magazine here.
SF eviction moratorium protects tenants accruing Covid-related rental debt post-July 2022
Many tenants are not aware that San Francisco’s eviction moratorium related to Covid rental debt is still in effect as of February 2023. Here is guidance from the City’s website: Local Eviction Protections for Tenants Beginning July 1, 2022 Landlords and tenants should be aware that Mayor Breed signed legislation that prohibits landlords from evicting residential tenants for non-payment […]
Renters rights and housing on the ballot
With the increased cost of housing outpacing wage growth, rent control issues, including stricter eviction protections were on the ballot throughout the State. The results prove that there is a strong appetite within the electorate to pass stronger tenant protections and to curtail rampant speculation and greed driving up costs in the housing market. Oakland, […]
Poor habitability violates tenant rights and can lead to personal injury
Every person deserves to live in a home environment that is clean and reasonably free of hazards. For those who rent, there are laws that protect them from living in conditions that are harmful to their health or lead to personal injury accidents. As a tenant, you have rights. By using the law, you can […]
Oakland rent increase adjusted downward; Santa Monica set to allow a 6% increase.
Pursuant to the formula, which ties the local Oakland rent increase to the regional Consumer Price Index (CPI) increase, the Oakland Rent Board published a 6.7% allowable rent increase that was set to go into effect on July 1, 2022. Given the staggering increase, after some public outcry, the City Council adopted a resolution to […]
Trebling damages for premises-liability/habitability bodily injury claims.
See Rahman Popal’s article in Plaintiff’s Magazine here.
Heat is a minimum and essential habitability requirement.
I should not have to write this. Yet, I find myself reminding landlords and management companies that heat is an essential and minimum habitability requirement under California state and local laws. Too often, landlords refuse to provide any heat, refuse to maintain heating facilities in working order or supply insufficient heating facilities that fail to […]
On whether your landlord can raise rent to market rate post-pandemic.
It depends. But, if the decision to lower your rent was based upon a reflection of market conditions/due to the decrease in the market (as opposed to COVID-related financial distress) then generally, no, they cannot. Even if the landlord’s decision was not based on market factors, they may be prohibited from raising your rent to […]
You have a right to keep your emotional support animal.
Under California and federal law, landlords are prohibited from discriminating on the basis of disability and are required to make a reasonable accommodation to rules, policies, and regulations (including no-pet lease clauses) in order to permit a tenant with a disability to enjoy full and equal use and access of the premises. Once an accommodation […]
