SOME HIGHLIGHTS OF THE FOLLOWING NEW LAWS FOR 2020
may be updated from time to time with new information or analysis.)
GOVERNOR GAVIN NEWSOM ISSUES EXECUTIVE
ORDER HALTING EVICTIONS
On 3/27/2020 Governor Gavin
Newsom issued an executive State order banning the enforcement
of eviction cases for residential renters affected by COVID-19 through May
if certain conditions are met.
The order takes effect immediately. Tenants are required to
possess and retain
verifiable documentation to support their timely request for
Tenants must still repay full rent in a timely manner and
could still face eviction after the moratorium is lifted
See the article
in the UT
See the text of the Governor's executive
NEW LAWS PASSED TO PROTECT TENANTS
WITH RENT CAPS, GOOD CAUSE FOR EVICTIONS AND RELOCATION BENEFITS
sweeping protections for tenants.
Section 1946.2 is added to the Civil Code
Section 1947.12 is added to the Civil Code
Section 1947.13 is added to the Civil Code
The bill provides rent caps and protection from unfair or
These new laws may not apply to all rentals. They generally
apply to multifamily units including
duplexes where both units are not owner occupied.
for separate properties (houses and condos) that are privately
owned by the landlord
who is not a corporation or corporation within an LLC or
The rent caps allow for rent to be raised annually up to 5% plus
the percentage change
in the cost of living. So for example if the cost of
living figure is 2%,
then the rent could go up 7% that year.
There is also added protections from unfair evictions. There are
GOOD CAUSE to evict
requirements and relocation benefits under cert6ain
The GOOD CAUSE
eviction and relocation
benefits portions of the law are also limited to certain
and do not apply to local jurisdictions
that already have GOOD CAUSE
eviction laws. The City of San Diego passed one in 2004.
The rent cap portion of the bill is
retroactive back to March 15th, 2019.
NEW LAW PROHIBITS LANDLORDS FROM REFUSING SECTION 8 RENTAL
Section 12927 of the
Government Code is amended
SB-329 Specifically provides that a landlord may nor refuse
an application of a tenant based on his/her/their
"Source of income" which "...means 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 assistance vouchers
issued under Section 8..." The law also bans blanket policies against
taking Section 8 applicants and will require
landlords to treat voucher-holders like any other applicant. "No
Section 8" advertisements will also be prohibited
NEW LAW REQUIRING LONGER NOTICES FOR RENT INCREASES OVER 10%
Section 827 of the
Civil Code is amended
AB 1110 Changes the notice period when increasing the rent
above 10% within the prior
12 months in a month to month tenancy to
rather than the prior required 60 days.
REQUIRING LOWER SECURITY DEPOSITS FOR ACTIVE MILITARY
AND PROTECTED USE OF VA VOUCHERS
644 lowers the amount landlords can collect
for a security deposit from active service members
the U.S. military (defined by
Section 400 of the
Military and Veterans Code.).
The law will limit security
deposits for these service members one month's rent for unfurnished
units and two month's rent for furnished units.
222 This bill would prohibit rental property owners
from refusing to accept
Veterans Affairs Supportive Housing Vouchers.
NEW LAW PROVIDING FUNDS FOR FREE LEGAL ASSISTANCE TO
AND RENTERS AFFECTED BY FORECLOSURE
SB 113 Provides for the creation of a Trust Fund to
assist with free legal assistance (for foreclosure related
possession/renter actions) as well as many housing affected budget
LAW CHANGED EXTENDING THE TIME TO COMPLY WITH CERTAIN NOTICES
2019, the time limits to respond to certain notices
It clarifies the time in which to respond to a 3 day
notice to pay rent or cure a breach of the
lease and the time in which to respond to an Unlawful Detainer. As of September 1, 2019,
service of any such notice or Unlawful Detainer summons,
notwithstanding any other legal procedural
rule or law, the days
respond to the notice EXCLUDE
Saturdays and Sundays and other judicial
So for example, if a 3 Day Notice to Pay Rent or Quit is
lawfully served on a Friday,
the 1st counted day will be the following Monday (except if that
is a Judicial holiday which
then moves the "1st day" to the next non-Judicial holiday day).
Counting the days in which a
response is due to an an Unlawful Detainer
follows the same rule in not counting
Saturdays and Sundays and other judicial holidays .
See AB 2343
Consumer Privacy Act of 2018 )TAKES
AB 375 Signed in 2018
takes effect January 1, 2020.
Provides consumers with a broad set of rights over their collected
personal information including rights to Opt Out of having your
data sold, have
data deleted and sue for
It generally applies to businesses:
With annual gross revenue over 25 million dollars,
buys, sells or receives information from at least 50,000
makes at least 50% of its income from selling such information.
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California law for San Diego is applied in these pages. This is not represented to be a full and complete list of all laws that may or may not affect tenants or occupants in properties Such laws may or may not be applicable in other jurisdictions. The information provided herein is of a general nature and is not intended to be taken as specific legal advice. Legal summaries are only the opinion of the Tenants Legal Center and are not intended nor should they be relied upon as any specific representation of any law. For legal advice in a particular situation, promptly consult with an appropriate attorney.