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Sunday, September 22, 2024

Attorney General alerts officials on new habitability requirements at multi-family properties

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Attorney General Rob Bonta | Facebook Website

California Attorney General Rob Bonta issued an information bulletin today to city attorneys and county counsel, reminding them of new state law requirements regarding inspections of apartments and other multi-family properties. Authored by Assemblymember Tasha Boerner (D-Encinitas) and signed into law in 2023, Assembly Bill 548 (AB 548) mandates local enforcement agencies to develop policies and procedures by January 1, 2025. These policies are to ensure that all relevant portions of a building are inspected when substandard conditions or violations of State Housing Law are found in one unit, potentially affecting other units.

City attorneys and county counsel play a critical role in advising building inspectors and local code enforcement to protect tenants and property owners.

“The real-world implications of AB 548 are significant: unsafe housing conditions — like mold, pests, and lead hazards — will be more quickly and comprehensively addressed in apartments and other multi-family properties,” said Attorney General Bonta. “I urge city attorneys and county counsel to ensure that these policies and procedures are implemented expeditiously, particularly in light of the state’s ongoing affordable housing shortage. The displacement of families can be devastating, and faithful implementation of AB 548 will keep people in their homes by incentivizing proactive maintenance.”

"Healthy and affordable housing conditions for renters are essential to solving our housing crisis and reducing the disproportionate exposure to unhealthy housing conditions in low-income communities and communities of color," said Assemblymember Tasha Boerner. "I want to thank the Attorney General for urging our local enforcement agencies to catch these problems, which often go unreported, before they become serious health hazards."

In today’s information bulletin, Attorney General Bonta adds that:

AB 548 builds on other recent state legislation regarding city and county responses to complaints of unsafe or substandard housing conditions. Since July 2022, state law has required local enforcement agencies to conduct inspections, including the interior of units, in response to resident complaints within the same timeframe as final inspections for construction work requiring permits.

A tenant who must vacate a substandard unit is typically eligible for relocation benefits unless the tenant “substantially contributed to” the conditions necessitating the order to vacate or if the conditions were caused by a natural disaster such as a fire, earthquake, or flood. Enforcement agencies determine whether a tenant is eligible for relocation benefits and communicate this determination to both tenant and owner.

Cities and counties are encouraged to consult with their jurisdiction’s legal counsel regarding any questions about these statutory requirements or implementing consistent policies. For further information or discussions on other tenant-protection matters of statewide concern, contact housing@doj.ca.gov.

A copy of the information bulletin is available here.

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