property management legislation

Top Ten Landlord-Tenant Laws

Rental housing laws are designed to protect both parties in the landlord-tenant relationship. Landlords want to protect their property, business and rental funds, and a renter wants to protect his right to quiet enjoyment and peaceful living.

Knowledge of and compliance with federal, state and local regulations is crucial for both landlords and tenants. The major federal laws that affect all landlords and property managers are the Fair Housing Act and the Fair Credit Reporting Act.

States laws regarding rental properties and tenant rights typically concern practical matters.  These include things like the rights and responsibilities, legal lease terms, lease termination guidelines, and how evictions must be handled.

Legislation Property Managers
Oppose CA AB 2819

ALERT: OPPOSE Hiding Eviction Reports / Unlawful Detainer in Tenant Screening (AB 2819)

UPDATE SEPTEMBER 22, 2016: Governor Brown has signed AB 2819, and the new bill will go into effect January 1, 2017.

UPDATE AUGUST 18, 2016: This bill has made it to the governor’s desk, and is likely to be passed.

Under California’s unlawful detainer (UD) “masking” law,” UD court filings are masked, or hidden from public view for 60 days following the initial eviction court filing, and then are automatically unmasked. AB 2819 will permanently mask all UD actions, unless the rental property owner prevails in court, or seeks a default judgment in court. AB 2819 unfairly places the cost, burden, and responsibility for ensuring tenant defaults are made public on the backs of rental property owners.

property management legislation

“2-Persons per Bedroom” Policy Might be Discriminatory

Recently the policy restricting occupancy to two-persons per bedroom has come into question, arguing that the occupancy standards are discriminatory because they are based on familial status. Will this be the leading trend in fair housing litigation?

But what about the “Keating Memo”?

The Keating Memo, issued in December 1998 by HUD, established the two-persons per bedroom maximum occupancy as the standard policy. According to the memo, the two-persons per bedroom rule is acceptable with some limited exceptions in light of other relevant factors. One example of an exception would be that two adult parents with an infant child should be allowed to rent a large one-bedroom.

Legislation Property Managers
property management legislation

Creating Kid-Safe Rental Properties

Making sure your property is safe for children is a top priority. While kid safety certainly attracts new family residents, reinforcing your child safety standards protects your current family residents as well. By focusing on 3 key areas on your property, you’ll be happy to know your community is in tip-top shape.

Legislation Property Managers
property management legislation

Bills that Permit a Credit Freeze for Minors

Staying aware of recent legislation is important to protect your property and get the quality screening information you need. Within the past few months, various states have passed minor credit freeze bills. If your property is in California, Hawaii, Missouri, Nebraska, or Kansas, then these bills may affect you if signed into law.

Minor freeze bills move in several states:

property management legislation

New Rental Housing Legislation Proposed in California

New legislation has been proposed that (if passed) will greatly impact the multifamily housing industry in California. Keep up to date with new legislation that might affect you in the next few years, and determine which bills gain your support.

Involuntary Enrollment into the Section 8 Program

This proposed bill requires all residential rental property owners to participate in the federal and local government’s Section 8 housing program by prohibiting property owners from denying an applicant on the basis that they will pay with a voucher. Additionally, this bill will make all owners accept government-mandated lease terms and regulations. Learn More About SB 1053.

HUD ruling on using arrest records

HUD Bans Using Arrest Records

The Department of Housing and Urban Development (HUD) issued new guidance on April 4th, 2016 that is going to require all single-family and multifamily rental professionals to revisit their policies.

In a decision that is aimed at protecting the rights of “returning citizens”, HUD is limiting the use of arrest records in tenant screening nationwide for both public and private housing. While they are not discouraging the use of criminal records in the background screening process, they are requiring a conviction be reported for the record to be considered in the decision. Using an arrest record without a conviction is being viewed as discriminating against a consumer who has not been found guilty of having done anything illegal.

Legislation Property Managers Resident screening Tenant Screening