AB 2187: Office of Tenants’ Rights and Protections.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2024-03-21
Current Status:
Failed
(2024-05-16: In committee: Held under submission.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
Existing law regulates terms and conditions for the hiring of real property and provides certain protections for tenants, including by prescribing statewide limits on the application of local rent control with regard to certain properties and by prohibiting an owner of residential real property from terminating a tenancy without just cause, as provided. Existing law makes it unlawful for the owner of any housing accommodation to discriminate against or harass any person based on certain personal characteristics.
Existing law provides that there is in state government, in the Business, Consumer Services, and Housing Agency, the Civil Rights Department under the direction of an executive officer known as the Director of Civil Rights, who is appointed by the Governor. Among other responsibilities, the department is required to issue publications that in its judgment will tend to promote goodwill and minimize or eliminate discrimination in housing, as specified.
This bill would state the intent of the Legislature to enact subsequent legislation to would, upon appropriation by the Legislature, establish the Office of Tenants Rights and Protections. Protections in the Business, Consumer Services, and Housing Agency, administered by a director appointed by the Governor, and would require that office to create and maintain an up-to-date, digestible, and language-inclusive list of statewide tenants rights and protections.
Existing law regulates terms and conditions for the hiring of real property and provides certain protections for tenants, including by prescribing statewide limits on the application of local rent control with regard to certain properties and by prohibiting an owner of residential real property from terminating a tenancy without just cause, as provided. Existing law makes it unlawful for the owner of any housing accommodation to discriminate against or harass any person based on certain personal characteristics.
This bill would state the intent of the Legislature to enact subsequent legislation to establish the Office of Tenants Rights and Protections.
The Legislature finds and declares all of the following:
(a)California has the second highest rate of renters in the United States, with 46 percent of households renting their homes. That number is even higher in Los Angeles, with around 62 percent of households being renters.
(b)On average, Californians spend at least one-third of their paycheck on rent. Twenty percent of California renters spend over one-half of their paycheck on rent.
(c)Technology-based generalized rental applications and leases are becoming more and more common in todays rental market. With the proliferation of these application-based rental agreements, it is imperative that tenants have a trusted resource to know their current rights.
(d)The Business, Consumer Services, and Housing Agency is an umbrella organization that is tasked with, among other responsibilities, guarding and enforcing Californias civil rights laws, including tenants rights. Yet, with over 200 agencies in California, and with the enforcement of housing laws spread over 4 different departments, there is still no existing entity dedicated solely to educating tenants.
(e)As California pushes to protect its tenants and lower the cost of housing, state law is constantly changing and improving, but there is no constant, centralized, and up-to-date resource that California tenants can access to educate themselves on their existing rights, especially in times of crises when their rights are being violated.
SEC. 2.Chapter 11 (commencing with Section 12999.50) is added to Part 2.8 of Division 3 of Title 2 of the Government Code, to read:11.Office of Tenants Rights and Protections12999.50.(a)The Office of Tenants Rights and Protections is hereby established in the Civil Rights Department for the purpose of establishing and maintaining an up-to-date list of statewide tenants rights and protection laws.
(b)The office shall be administered by a director appointed by the Governor. The director shall hire staff to assist in the fulfillment of the duties and responsibilities of the office.
12999.51.(a)The office shall be responsible for creating and maintaining an up-to-date, digestible, and language-inclusive list of statewide tenants rights and protections.
(b)The list shall be made available in English, Spanish, Chinese, Tagalog, Vietnamese, and Korean.
12999.52.This chapter shall become operative upon appropriation by the Legislature of sufficient funds for its purposes.
SECTION 1.It is the intent of the Legislature to enact subsequent legislation to establish the Office of Tenants Rights and Protections.It is the intent of the Legislature to enact subsequent legislation to establish the Office of Tenants Rights and Protections.
|
Date
|
Status
|
|---|---|
| May 16, 2024 | In committee: Held under submission. |
| May 8, 2024 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 23, 2024 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 2.) (April 23). Re-referred to Com. on APPR. |
| Apr 16, 2024 | In committee: Set, second hearing. Hearing canceled at the request of author. |
| Apr 3, 2024 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Apr 1, 2024 | Re-referred to Com. on JUD. |
| Mar 21, 2024 | From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended. |
| Mar 21, 2024 | Referred to Com. on JUD. |
| Feb 8, 2024 | From printer. May be heard in committee March 9. |
| Feb 7, 2024 | Read first time. To print. |
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Date
|
Description
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Location
|
Votes
|
|
|---|---|---|---|---|
| Apr 23, 2024 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Judiciary |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Aaron Reed and Associates | * Against | Apr 23, 2024 |
| Apartment Association Of Greater Los Angeles (Aagla) | * Against | Apr 23, 2024 |
| California Apartment Association | ** Against | |
| California Association Of Realtors | ** Against | |
| California Labor Federation | * Support | Apr 23, 2024 |
| California Rental Housing Association | ** Against | Apr 23, 2024 |
| East Bay Rental Housing Association | * Against | Apr 23, 2024 |
| Legal Aid of Sonoma County | * Support | Apr 23, 2024 |
| Power California Action | * Support | Apr 23, 2024 |
| San Diego Housing Commission | * Support | Apr 23, 2024 |
| Southern California Rental Housing Association | * Against | Apr 23, 2024 |
Date of Hearing: May 8, 2024
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Buffy Wicks, Chair
ABPCA Bill Id:AB 2187
Author:(Bryan) – As Amended Ver:March 21, 2024
Policy Committee: | Judiciary | Vote: | 8 - 2 |
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| ||
|
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill establishes the Office of Tenants’ Rights and Protections (Office) within the Civil Rights Department (CRD).
Specifically, this bill:
- Establishes the Office in CRD and makes the Office responsible for establishing and maintaining an up-to-date list of tenants’ rights and protection laws in California.
- Requires the Office be administered by a director appointed by the Governor and permits the director to hire staff to help fulfill the duties and responsibilities of the Office.
FISCAL EFFECT:
Costs (General Fund) to CRD in the hundreds of thousands of dollars annually to staff and operate the Office. CRD estimates costs of $812,000 in fiscal year (FY) 2025-26 and $728,000 in FY 2026-27 and ongoing for the director, one attorney, and one analyst, plus translation costs. The bill requires CRD to provide up-to-date information about tenants’ rights and laws in six specified languages.
According to the Legislative Analyst’s Office, the General Fund faces a structural deficit in the tens of billions of dollars over the next several fiscal years.
COMMENTS:
- Purpose. According to the author:
In the fall of 2023, Governor Gavin Newsom signed over 60 housing bills, some having already taken effect at the start of 2024 and some with delayed implementation dates over a year out. As California pushes to protect its tenants and lower the cost of housing, state law is constantly changing and improving, but there is no constant, centralized, and up-to-date resource for California tenants to access to educate themselves on their existing rights, especially in times of crises when their rights are being violated. Assembly Bill 2187 will establish the Office of Tenants’ Rights and Protections, tasked with establishing and maintaining an up-to-date list of statewide tenants’ rights and protection laws.
- Background. Approximately 17 million Californians – making up 44% of the state’s population – rent their homes. As noted by the author above, laws relating to housing and tenant protections have changed many times in recent years, and it is challenging for individuals to understand their legal rights and obligations. Although there are multiple existing government agencies that provide services and education in this area, including the Business, Consumer Services, and Housing Agency and the Department of Justice, this bill seeks to add another resource for renters within CRD. CRD is currently responsible for enforcing, among other things, the state’s housing discrimination laws.
Analysis Prepared by: Annika Carlson / APPR. / (916) 319-2081
Date of Hearing: April 23, 2024
ASSEMBLY COMMITTEE ON JUDICIARY
Ash Kalra, Chair
ABPCA Bill Id:AB 2187
Author:(Bryan) – As Amended Ver:March 21, 2024
SUBJECT: Office of Tenants’ Rights and Protections
KEY ISSUE: SHOULD THE STATE CREATE AN OFFICE OF TENANTS’ RIGHTS AND PROTECTIONS, DEDICATED TO CREATING AND MAINTAINING AN UP-TO-DATE, language-inclusive LIST OF TENANTS’ RIGHTS AND PROTECTIONS?
SYNOPSIS
When you Google "tenants’ rights California” you're thrust into a chaotic sea of information, often drowning in a deluge of conflicting advice, outdated resources, and legal jargon. Some sources may provide accurate and helpful guidance, while others may be misleading or incomplete. It's a frustrating and time-consuming process, leaving many tenants feeling overwhelmed and uncertain about their rights and options. In a state with 17 million renters, and ever-changing tenant-landlord laws and regulations, the absence of a centralized, accessible source of information creates an impossibly murky rental landscape for tenants and landlords alike. This measure would create the Office of Tenants’ Rights and Protections in the Civil Rights Department, which would be tasked with establishing and maintaining a language-inclusive and up-to-date list of statewide tenants’ rights and protection laws. This author-sponsored measure is supported by PowerCA Action and opposed by the California Apartment Association, the California Association of Realtors and regional apartment associations.
SUMMARY: Makes findings and declarations regarding renters in California and establishes the Office of Tenants’ Rights and Protections. Specifically, this bill:
- Makes the following findings and declarations:
- California has the second highest rate of renters in the Unites States, with 46 percent of households renting their homes;
- Around 62 percent of households in Los Angeles are renters;
- Technology-based generalized rental applications and leases are becoming more and more common in today’s rental market;
- With the proliferation of application-based rental agreements, it is imperative that tenants have a trusted resource to know their rights;
- The Business, Consumer Services, and Housing Agency is an umbrella organization that is tasked with, among other responsibilities, guarding and enforcing California’s civil rights laws, including tenants’ rights;
- Yet, with over 200 agencies in California, and with the enforcement of housing laws spread over 4 different departments, there is still no existing entity dedicated solely to educating tenants; and
- As California pushes to protect its tenants and lower the cost of housing, state law is constantly changing and improving, but there is no constant, centralized, and up-to-date resource that California tenants can access to educate themselves on their existing rights, especially in times of crises when their rights are being violated.
- Establishes the Office of Tenants’ Rights and Protections in the Civil Rights Department tasked with establishing and maintaining an up-to-date list of statewide tenants’ rights and protection laws.
- Provides that a Director appointed by the Governor is responsible for administering the Office.
- Specifies that the Director is responsible for hiring staff to assist in the fulfillment of the duties and responsibilities of the office.
- Provides that the Office is responsible for creating and maintaining an up-to-date, digestible, and language-inclusive list of statewide tenants’ rights and protections.
- Requires the list of statewide tenants’ rights and protections to be available in English, Spanish, Chinese, Tagalog, Vietnamese, and Korean.
EXISTING LAW:
- Establishes the Business, Consumer Services, and Housing Agency. (Business and Professions Code Section 100.)
- Provides that the Business, Consumer Services, and Housing Agency consists of, among other things, the Civil Rights Department. (Government Code Section 12901.)
- Requires a person in a trade or business who negotiates certain specified contracts or agreements primarily in the Spanish, Chinese, Tagalog, Vietnamese, or Korean languages to provide the other party with an unexecuted translation of the contract or agreement, in the language in which it was negotiated, prior to the contract or agreement’s execution. (Civil Code Section 1632 (b).)
FISCAL EFFECT: As currently in print this bill is keyed fiscal.
COMMENTS: When you Google "tenant’s rights California," you're thrust into a chaotic sea of information, often drowning in a deluge of conflicting advice, outdated resources, and legal jargon. It's a frustrating and time-consuming process, leaving many tenants feeling overwhelmed and uncertain about their rights and options. In a state with 17 million renters, and ever-changing tenant-landlord laws and regulations, the absence of a centralized, accessible source of information creates an impossibly murky legal landscape for tenants and landlords alike. The author brings this measure to simplify, centralize, and clarify this dynamic and essential landscape:
In the fall of 2023, Governor Gavin Newsom signed over 60 housing bills, some having already taken effect at the start of 2024 and some with delayed implementation dates over a year out. As California pushes to protect its tenants and lower the cost of housing, state law is constantly changing and improving, but there is no constant, centralized, and up-to-date resource for California tenants to access to educate themselves on their existing rights, especially in times of crises when their rights are being violated. Assembly Bill 2187 will establish the Office of Tenants’ Rights and Protections, tasked with establishing and maintaining an up-to-date list of statewide tenants’ rights and protection laws.
Renters make up a significant percentage of California’s residents. Approximately 17 million Californians, constituting 44 percent of the state’s population, rent their homes. (California Budget and Policy Center, California’s 17 Million Renters Face Housing Instability and Inequity Before and After COVID-19 (Jan. 2021).)
Existing tenant protection informational resources. The Business, Consumer Services, and Housing Agency (BCHSA) has multiple departments under its wide umbrella tasked with housing-related issues. The Housing and Community Development Department helps to provide stable, safe homes affordable to veterans, seniors, young families, farm workers, tribal members, people with disabilities, and individuals and families experiencing homelessness. It does not publish or otherwise offer resources specifically tied to tenants’ rights and protections, as its focus is on increasing the supply, preservation, and access of affordable housing for Californians.
The Department of Real Estate (DRE), also under the BCHSA, focuses on safeguarding and promoting the public interest in real estate matters through licensure, regulation, education and enforcement. While its enforcement arm is limited to resolving disputes between consumers and licensees or subdividers and developers relating to real estate violations, their purview does not extend to the landlord-tenant space. Since 2020, DRE has been responsible for publishing California Tenants-A Guide to Residential Tenants’ and Landlords’ Rights and Responsibilities, an approximately 150-page pdf guide focusing on the most significant aspects of the relationship of landlords and tenants in California. (https://www.courts.ca.gov/documents/California-Tenants-Guide.pdf.) This guide, while comprehensive, is already outdated. Its last publication date in 2022 includes information about significant developments in landlord-tenant law such as the Tenant Protection Act of 2019 (AB 1482 (Chiu) Chap. 597, Stats. 2019), which established a statewide rent cap and largely prohibited no-fault evictions. But significant updates to that legislation, such as AB 567 (Durazo) Chap. 290, Stats. 2023, are absent. So are changes to the state’s security deposit cap imposed with the passage of AB 12 (Haney) Chap. 733, Stats. 2023. And the changes to existing law keep coming – since January numerous other tenants’ rights bills, including those significantly affecting applicant screening fees (AB 2493 (Pellerin); AB 2785 (Wilson)), security deposits (AB 2785 (Wilson); AB 2801 (Friedman)), tenants’ rights to possession of pets in their rental (AB 2216 (Haney)), availability of positive rent reports (AB 2747 (Haney)), and unlawful detainer actions (AB 2304 (Lee); AB 2347 (Lee)) were introduced in the Assembly alone.
The Office of the Attorney General, which has enforcement authority over landlord-tenant violations, has useful webpages with information related to landlord-tenant issues as well as “know your rights” two-pagers about landlord-tenant issues generally, as well as more specifics about the eviction process, security deposits, and habitability. (Landlord-Tenant Issues | State of California - Department of Justice - Office of the Attorney General.) These publications are available in English, Spanish, Chinese, Korean, Tagalog, and Vietnamese. The California Courts also have self-help guides that provide useful information to help navigate litigation, including both bringing and defending against an eviction case. (https://selfhelp.courts.ca.gov/eviction-and-housing.)
The Civil Rights Department, where this new Office of Tenants’ Rights and Protections would be housed, offers resources for filing a housing discrimination complaint, but does not have any informational material about tenants’ rights and protections, other than links to the information published by DRE, the Office of the Attorney General, and the California Courts, as described above. (https://calcivilrights.ca.gov/otherissues/.)
This bill would establish an Office of Tenants’ Rights and Protections in the Civil Rights Department tasked with establishing and maintaining an up-to-date list of statewide tenants’ rights and protection laws. It would also mandate that the list be made available in English, Spanish, Chinese, Tagalog, Vietnamese, and Korean. The measure intends to centralize, distill, and translate the large (and growing) body of law regarding tenants’ rights and protections in one reliable and accessible place.
The author’s goal is laudable and would seem to benefit tenants and landlords alike—equal access to accurate information should enhance transparency and compliance with the law for all parties. Yet, apartment associations oppose this measure. Their concerns are centered on the fiscal health of the state and the cost involved in implementing this bill’s mandate. While the cost of the proposal is outside the jurisdiction of this Committee, in order to address budgetary concerns raised by the opposition, the author may wish to consider imposing a fee on large landlords with more than 15 units to help subsidize the potential cost of this measure, as it will ultimately enhance the overall renting experience for everyone involved.
ARGUMENTS IN SUPPORT: PowerCA explains its support for AB 2187:
As California pushes to protect its tenants and lower the cost of housing, state law is constantly changing and improving, but there is no constant, centralized, and up-to-date resource for California tenants to access to educate themselves on their existing rights, especially in times of crises when their rights are being violated. With concerns such as the proliferation of app-based rental agreements and the housing crisis pushing young people into more unsafe housing options, it is imperative that tenants have a trusted resource to know their current rights.
If adopted, AB 2187 would, upon appropriation by the Legislature, establish the Office of Tenants’ Rights and Protections within BCSH. The Office of Tenants’ Rights and Protections will be required to create and maintain an up-to-date list of statewide tenants’ rights, protection laws and mandates, in a way that is digestible and language-inclusive. This will leverage BCSH’s existing cross-department collaboration to ensure that our state is making tenant information accessible to all.
ARGUMENTS IN OPPOSITION: Statewide and regional apartment associations oppose the measure for reasons mainly out of the jurisdiction of this Committee – the cost to the state. As the California Apartment Association explains:
AB 2187 will come at a large cost to the state at a time when California struggles to address its current finances. There are tenant organizations that receive donations, grants, and government funding, and they already publish this information. CAA also publishes information about state laws affecting landlords and tenants.
The California Rental Housing Association, representing numerous regional apartment associations, also cites the budget crisis in their opposition:
Given that existing law already provides that BCSHA already has a Civil Rights Department under the direction of an executive officer known as the Director of Civil Rights, who is appointed by the Governor and which needs to issue publications that, in its judgment, will promote goodwill and minimize or eliminate discrimination in housing, we feel that this bill is unnecessary, duplicative, and may result in conflicts and confusion with BCSHA directives. Furthermore, given the fiscal climate of the state, setting up a duplicative Office may not be a prudent use of state funds.
REGISTERED SUPPORT / OPPOSITION:
Support
Power CA Action
Opposition
Apartment Association of Greater Los Angeles
California Apartment Association
California Association of Realtors
California Rental Housing Association
Southern California Rental Housing Association
Analysis Prepared by: Shiran Zohar / JUD. / (916) 319-2334
Date of Hearing: April 16, 2024
ASSEMBLY COMMITTEE ON JUDICIARY
Ash Kalra, Chair
ABPCA Bill Id:AB 2187
Author:(Bryan) – As Amended Ver:March 21, 2024
SUBJECT: Office of Tenants’ Rights and Protections
KEY ISSUE: SHOULD THE STATE CREATE AN OFFICE OF TENANTS’ RIGHTS AND PROTECTIONS, DEDICATED TO CREATING AND MAINTAINING AN UP-TO-DATE, language-inclusive LIST OF TENANTS’ RIGHTS AND PROTECTIONS?
SYNOPSIS
When you Google "tenants’ rights California” you're thrust into a chaotic sea of information, often drowning in a deluge of conflicting advice, outdated resources, and legal jargon. Some sources may provide accurate and helpful guidance, while others may be misleading or incomplete. It's a frustrating and time-consuming process, leaving many tenants feeling overwhelmed and uncertain about their rights and options. In a state with 17 million renters, and ever-changing tenant-landlord laws and regulations, the absence of a centralized, accessible source of information creates an impossibly murky rental landscape for tenants and landlords alike. This measure would create the Office of Tenants’ Rights and Protections in the Civil Rights Department, which would be tasked with establishing and maintaining a language-inclusive and up-to-date list of statewide tenants’ rights and protection laws. This author-sponsored measure is supported by PowerCA Action and opposed by the California Apartment Association, the California Association of Realtors and regional apartment associations.
SUMMARY: Makes findings and declarations regarding renters in California and establishes the Office of Tenants’ Rights and Protections. Specifically, this bill:
- Makes the following findings and declarations:
- California has the second highest rate of renters in the Unites States, with 46 percent of households renting their homes;
- Around 62 percent of households in Los Angeles are renters;
- Technology-based generalized rental applications and leases are becoming more and more common in today’s rental market;
- With the proliferation of application-based rental agreements, it is imperative that tenants have a trusted resource to know their rights;
- The Business, Consumer Services, and Housing Agency is an umbrella organization that is tasked with, among other responsibilities, guarding and enforcing California’s civil rights laws, including tenants’ rights;
- Yet, with over 200 agencies in California, and with the enforcement of housing laws spread over 4 different departments, there is still no existing entity dedicated solely to educating tenants; and
- As California pushes to protect its tenants and lower the cost of housing, state law is constantly changing and improving, but there is no constant, centralized, and up-to-date resource that California tenants can access to educate themselves on their existing rights, especially in times of crises when their rights are being violated.
- Establishes the Office of Tenants’ Rights and Protections in the Civil Rights Department tasked with establishing and maintaining an up-to-date list of statewide tenants’ rights and protection laws.
- Provides that a Director appointed by the Governor is responsible for administering the Office.
- Specifies that the Director is responsible for hiring staff to assist in the fulfillment of the duties and responsibilities of the office.
- Provides that the Office is responsible for creating and maintaining an up-to-date, digestible, and language-inclusive list of statewide tenants’ rights and protections.
- Requires the list of statewide tenants’ rights and protections to be available in English, Spanish, Chinese, Tagalog, Vietnamese, and Korean.
EXISTING LAW:
- Establishes the Business, Consumer Services, and Housing Agency. (Business and Professions Code Section 100.)
- Provides that the Business, Consumer Services, and Housing Agency consists of, among other things, the Civil Rights Department. (Government Code Section 12901.)
- Requires a person in a trade or business who negotiates certain specified contracts or agreements primarily in the Spanish, Chinese, Tagalog, Vietnamese, or Korean languages to provide the other party with an unexecuted translation of the contract or agreement, in the language in which it was negotiated, prior to the contract or agreement’s execution. (Civil Code Section 1632 (b).)
FISCAL EFFECT: As currently in print this bill is keyed fiscal.
COMMENTS: When you Google "tenant’s rights California," you're thrust into a chaotic sea of information, often drowning in a deluge of conflicting advice, outdated resources, and legal jargon. It's a frustrating and time-consuming process, leaving many tenants feeling overwhelmed and uncertain about their rights and options. In a state with 17 million renters, and ever-changing tenant-landlord laws and regulations, the absence of a centralized, accessible source of information creates an impossibly murky legal landscape for tenants and landlords alike. The author brings this measure to simplify, centralize, and clarify this dynamic and essential landscape:
In the fall of 2023, Governor Gavin Newsom signed over 60 housing bills, some having already taken effect at the start of 2024 and some with delayed implementation dates over a year out. As California pushes to protect its tenants and lower the cost of housing, state law is constantly changing and improving, but there is no constant, centralized, and up-to-date resource for California tenants to access to educate themselves on their existing rights, especially in times of crises when their rights are being violated. Assembly Bill 2187 will establish the Office of Tenants’ Rights and Protections, tasked with establishing and maintaining an up-to-date list of statewide tenants’ rights and protection laws.
Renters make up a significant percentage of California’s residents. Approximately 17 million Californians, constituting 44 percent of the state’s population, rent their homes. (California Budget and Policy Center, California’s 17 Million Renters Face Housing Instability and Inequity Before and After COVID-19 (Jan. 2021).)
Existing tenant protection informational resources. The Business, Consumer Services, and Housing Agency (BCHSA) has multiple departments under its wide umbrella tasked with housing-related issues. The Housing and Community Development Department helps to provide stable, safe homes affordable to veterans, seniors, young families, farm workers, tribal members, people with disabilities, and individuals and families experiencing homelessness. It does not publish or otherwise offer resources specifically tied to tenants’ rights and protections, as its focus is on increasing the supply, preservation, and access of affordable housing for Californians.
The Department of Real Estate (DRE), also under the BCHSA, focuses on safeguarding and promoting the public interest in real estate matters through licensure, regulation, education and enforcement. While its enforcement arm is limited to resolving disputes between consumers and licensees or subdividers and developers relating to real estate violations, their purview does not extend to the landlord-tenant space. Since 2020, DRE has been responsible for publishing California Tenants-A Guide to Residential Tenants’ and Landlords’ Rights and Responsibilities, an approximately 150-page pdf guide focusing on the most significant aspects of the relationship of landlords and tenants in California. (https://www.courts.ca.gov/documents/California-Tenants-Guide.pdf.) This guide, while comprehensive, is already outdated. Its last publication date in 2022 includes information about significant developments in landlord-tenant law such as the Tenant Protection Act of 2019 (AB 1482 (Chiu) Chap. 597, Stats. 2019), which established a statewide rent cap and largely prohibited no-fault evictions. But significant updates to that legislation, such as AB 567 (Durazo) Chap. 290, Stats. 2023, are absent. So are changes to the state’s security deposit cap imposed with the passage of AB 12 (Haney) Chap. 733, Stats. 2023. And the changes to existing law keep coming – since January numerous other tenants’ rights bills, including those significantly affecting applicant screening fees (AB 2493 (Pellerin); AB 2785 (Wilson)), security deposits (AB 2785 (Wilson); AB 2801 (Friedman)), tenants’ rights to possession of pets in their rental (AB 2216 (Haney)), availability of positive rent reports (AB 2747 (Haney)), and unlawful detainer actions (AB 2304 (Lee); AB 2347 (Lee)) were introduced in the Assembly alone.
The Office of the Attorney General, which has enforcement authority over landlord-tenant violations, has useful webpages with information related to landlord-tenant issues as well as “know your rights” two-pagers about landlord-tenant issues generally, as well as more specifics about the eviction process, security deposits, and habitability. (Landlord-Tenant Issues | State of California - Department of Justice - Office of the Attorney General.) These publications are available in English, Spanish, Chinese, Korean, Tagalog, and Vietnamese. The California Courts also have self-help guides that provide useful information to help navigate litigation, including both bringing and defending against an eviction case. (https://selfhelp.courts.ca.gov/eviction-and-housing.)
The Civil Rights Department, where this new Office of Tenants’ Rights and Protections would be housed, offers resources for filing a housing discrimination complaint, but does not have any informational material about tenants’ rights and protections, other than links to the information published by DRE, the Office of the Attorney General, and the California Courts, as described above. (https://calcivilrights.ca.gov/otherissues/.)
This bill would establish an Office of Tenants’ Rights and Protections in the Civil Rights Department tasked with establishing and maintaining an up-to-date list of statewide tenants’ rights and protection laws. It would also mandate that the list be made available in English, Spanish, Chinese, Tagalog, Vietnamese, and Korean. The measure intends to centralize, distill, and translate the large (and growing) body of law regarding tenants’ rights and protections in one reliable and accessible place.
The author’s goal is laudable and would seem to benefit tenants and landlords alike—equal access to accurate information should enhance transparency and compliance with the law for all parties. Yet, apartment associations oppose this measure. Their concerns are centered on the fiscal health of the state and the cost involved in implementing this bill’s mandate. While the cost of the proposal is outside the jurisdiction of this Committee, in order to address budgetary concerns raised by the opposition, the author may wish to consider imposing a fee on large landlords with more than 15 units to help subsidize the potential cost of this measure, as it will ultimately enhance the overall renting experience for everyone involved.
ARGUMENTS IN SUPPORT: PowerCA explains its support for AB 2187:
As California pushes to protect its tenants and lower the cost of housing, state law is constantly changing and improving, but there is no constant, centralized, and up-to-date resource for California tenants to access to educate themselves on their existing rights, especially in times of crises when their rights are being violated. With concerns such as the proliferation of app-based rental agreements and the housing crisis pushing young people into more unsafe housing options, it is imperative that tenants have a trusted resource to know their current rights.
If adopted, AB 2187 would, upon appropriation by the Legislature, establish the Office of Tenants’ Rights and Protections within BCSH. The Office of Tenants’ Rights and Protections will be required to create and maintain an up-to-date list of statewide tenants’ rights, protection laws and mandates, in a way that is digestible and language-inclusive. This will leverage BCSH’s existing cross-department collaboration to ensure that our state is making tenant information accessible to all.
ARGUMENTS IN OPPOSITION: Statewide and regional apartment associations oppose the measure for reasons mainly out of the jurisdiction of this Committee – the cost to the state. As the California Apartment Association explains:
AB 2187 will come at a large cost to the state at a time when California struggles to address its current finances. There are tenant organizations that receive donations, grants, and government funding, and they already publish this information. CAA also publishes information about state laws affecting landlords and tenants.
The California Rental Housing Association, representing numerous regional apartment associations, also cites the budget crisis in their opposition:
Given that existing law already provides that BCSHA already has a Civil Rights Department under the direction of an executive officer known as the Director of Civil Rights, who is appointed by the Governor and which needs to issue publications that, in its judgment, will promote goodwill and minimize or eliminate discrimination in housing, we feel that this bill is unnecessary, duplicative, and may result in conflicts and confusion with BCSHA directives. Furthermore, given the fiscal climate of the state, setting up a duplicative Office may not be a prudent use of state funds.
REGISTERED SUPPORT / OPPOSITION:
Support
Power CA Action
Opposition
Apartment Association of Greater Los Angeles
California Apartment Association
California Association of Realtors
California Rental Housing Association
Analysis Prepared by: Shiran Zohar / JUD. / (916) 319-2334
Discussed in Hearing
Assembly Standing Committee on Judiciary
Assembly Standing Committee on Judiciary
Assembly Standing Committee on Judiciary
Bill Author
Bill Co-Author(s):