AB 1482, also known as the Tenant Protection Act, caps the amount that rent can be increased each year in many residential units. the rent in covered rental units can be increased by no more than 5%, plus the change in CPI (as calculated from April 1 of the prior year to April 1 of current year) or 10%, whichever is lower, during any 12-month period. This does not apply to all housing, see below for excluded housing.
Federal and California law forbid housing discrimination based on a wide-range of protected characteristics, such as gender, gender identity/expression, race, national origin, immigration status, primary language, disability (mental or physical), sexual orientation, family status, and religion. (For additional information, see e.g. https://calcivilrights.ca.gov/housing/ (California Civil Rights Department) and https://www.justice.gov/crt/fair-housing-act-1 (US Department of Justice, Civil Rights Division).)
California law also protections tenants from harassment, which includes:
(See e.g. Civil Code §§ 789.3, 1940.2.)
California law protects tenants from retaliation (i.e., taking adverse actions, such as trying to evict a tenant) for certain actions by a tenant, such as making complaints about a housing unit’s condition or organizing with other tenants. (See e.g. Civ. Code, § 1942.5.)
When parties negotiate a lease primarily in Spanish, Chinese, Tagalog, Vietnamese, or Korean, the lease and any other document “making substantial changes in the rights and obligations of the parties” must be translated into the language in which the parties negotiated the lease and provided to the tenant. (Civ. Code, § 1632.)
A tenant’s security deposit must be returned upon move-out, except for amounts deducted for lawful purposes, including to cover unpaid rent, cleaning, and repair of tenant-caused damage beyond normal wear and tear. (Civ. Code, § 1950.5.) Within 21 days of move-out, the landlord must provide tenant with either (i) the full security deposit or (ii) a statement listing and explaining any deductions from the deposit and the remaining deposit.
Every tenant has a right to privacy. A landlord may only enter a tenant’s housing unit:
Generally, the landlord may only enter a unit during business hours and must give advance notice, except (i) when responding to an emergency; (ii) if the tenant is present and consents to the entry at the time of entry; and/or (iii) after the tenant has abandoned or surrendered the unit. (Civ. Code, § 1954.)
All rental housing must be habitable, which means it is fit to be safely occupied and complies with all applicable building and health codes. (Civil Code, § 1941.) This includes such things as providing safe and working plumbing and hot and cold running water, heating, electrical equipment, floors, and stairs; effective waterproofing; windows and doors with working locks; and keeping the property free from roaches, rats, and other vermin. (Civil Code, § 1941.1.)
Tenants who are displaced from their housing due to health and safety violations may be entitled to relocation assistance. (Health & Saf. Code, §§ 17975, et seq.) Some jurisdictions, including the County of San Mateo, have adopted local relocation assistance ordinances with increased relocation payments and other protections such as the ability of the County to advance payments to displaced tenants. (See e.g. SMC Ord. Code, Chapter 3.108.)
California housing providers cannot make statements (including advertisements or screening policies) indicating a blanket policy against renting to anyone with a criminal record (for example, statement such as “No Felons” or “We Don’t Allow Criminals Here”). (2 Cal. Code Reg., § 12269.) However, it is not unlawful for a housing provider to advertise or state that it will run a lawful criminal history check and to deny housing based on a past criminal conviction.
A criminal conviction excludes (i) arrests or infractions that did not lead to an actual conviction; (ii) participation in a diversion program; (iii) sealed or expunged convictions; (iii) juvenile court matters. (2 Cal. Code Reg., § 12269.)
Also, the decision to deny housing due to a criminal conviction must be based on a substantial, legitimate, and nondiscriminatory interest or purpose, such as the health and safety of other residents, employees, or property. (2 Cal. Code Reg., § 12266.) In making that decision, the housing provider should consider “mitigating information”, which includes things like the following:
(2 Cal. Code Reg., § 12266.)
Tenants who face violations of their rights have a number of remedies. However, this area of law can be complicated and actions a tenant takes (or does not take) could have legal consequences, and tenants are therefore encouraged to contact a legal professional or legal services provider such as the Legal Aid Society of San Mateo County ( https://www.legalaidsmc.org/ ) or Community Legal Services in East Palo Alto ( https://clsepa.org/ ).
Call Legal Aid Society of San Mateo County at: 650-517-8911, Monday to Friday, 9:00am to 5:00pm.
