Here is an explanation of San Diego new rental laws you should know 2022. The San Diego Union-Tribune explained some of the new laws focus on landlord-tenant relations and encouraging new housing.
KEY TAKEAWAYS
- A federal ban on evictions may expire end of March.
- California tightens the emotional support animals law.
- Rent increases have a maximum cap rate set at 9.1%.
- San Diego City and County officials must enforce state housing laws better.
- $5,000 fines for tenants who violate short-term rental ordinances.
- Equal access to multifamily building amenities for all tenants.
- Multifamily buildings to dispose of organic wastes new requirement.
1. COVID-19 Rules
Laws aimed at stopping the spread of COVID-19 are easing up. Like the requirement to wear a mask at indoor public places ending on February 15, unless it gets extended.
Renters behind on payments have until the end of March when the Biden administration’s federal ban on eviction extensions ends. Unless that ban gets another extension.
2. Emotional Support Animals
The new AB 468 law makes it harder for tenants to claim the need for an emotional support animal.
Some tenants tried to get around the landlord’s no pet policies by claiming unusual animals provided them with emotional support, For example, Cosmopolitan published an article about a duck titled: “Meet Daniel, Your Fave New Emotional Support Duck”. The article jokingly declared: “He flies with his human in order to keep him calm.”
We recently published a blog post titled: Must San Diego Landlords Allow Emotional Support Animals? The was “Yes” since some “No Pets” policies violated the federal Fair Housing Act (FHA) and California laws.
California enacted laws allowing emotional support animals for tenants in need or disabled despite a landlord’s “No Pet” policy.
The new California law strengthens “no pets” policies by requiring tenants to get a licensed health care practitioner to designate a specific pet as necessary for the tenant’s emotional support. Also, the health practitioner must have been seeing the patient (tenant) for at least 30 days before designating the pet.
In other words, a licensed physician is prohibited from providing documentation supporting a person’s need for an emotional support animal without having a relationship with the person for at least 30 days. Also, the physician must conduct a clinical evaluation of the person.
The new law was co-sponsored by the Guide Dogs for the Blind and Canine Companions organizations which only want tenants who need emotional support pets.
3. The Current Rent Increase in San Diego County 2022
The AB 1482 law lets a landlord increase rent twice a year. Yet, they cannot total more than the yearly maximum cap rate. When the law was passed, the annual Consumer Price Index (CPI) was around 2 percent. However, the COVID-19 pandemic increased the CPI to 4.1 percent.
Current Cap Rate: Rent increases between August 1st, 2021 through July 31, 2022, have a maximum cap rate set at:
5% base + 4.1% CPI = 9.1%
This means the maximum rent increase a landlord can impose is 9.1% during this period.
Also, the law requires a minimum of 30-days’ notice to the tenant of any rent increase of 10% or less.
The rent cap law will end on January 1, 2030.
Properties Exempt from the Rent Cap Law
Some properties are exempt from the Rent Cap Law including:
- Housing less than 15 years old;
- Single-family homes or condos with no corporate ownership. This means the landlord is not a corporation, real estate investment trust, or a limited liability corporation (LLC);
- A duplex when the landlord lives in one unit and rents out the other;
- School-owned housing;
- Mobile homes;
- Low-income housing; and
- Housing is already subject to stricter rent control.
4. New Duties for City and County Officials to Enforce State Housing Laws
The AB 838 law goes into effect on July 1, 2022. It requires city and county officials to investigate complaints of substandard housing. This law specifically requires local officials to communicate with a resident who complains about substandard housing conditions.
“Substandard conditions” means endangering the health, life, or safety of the residents.
The reason for this law is that some local governments enacted preconditions or restrictions prohibiting housing code enforcements unless the rent was paid in full. Thus, a renter behind in rent couldn’t make a substandard housing conditions complaint.
5. Fines Up To $5000 for Tenants Violating Short Term Rental Ordinances
The SB 60 law went into effect on January 1, 2022. It allows cities to impose fines of up to $5,000 on individuals who violate short-term rental ordinances. The fines are intended for tenants (not property owners) who violate the ordinances.
6. Equal Access to Multifamily Building Amenities
The AB 491 law was written by San Diego former assemblywoman Lorena Gonzalez and assemblyman Chris Ward. It requires that mixed-income multifamily buildings must give all occupants (including the affordable housing units) equal access to amenities and common areas and entrances as the market-rate housing units.
Also, it prohibits a mixed-income multifamily building from isolating affordable housing units to one floor or a specific area in a floor. In other words, it prohibits creating ghettos with mixed-income multifamily buildings.
7. Organic Waste Collection Services for Multifamily Buildings
The SB 1383 law establishes methane reduction goals to reduce greenhouse gas emissions in California. This is accomplished by requiring multifamily buildings to dispose of organic waste including edible foods in landfills. Organic waste includes:
- Food;
- Landscaping and pruning waste;
- Green materials;
- Wood;
- Lumber;
- Organic carpets and textiles;
- Paper products;
- Manure;
- Printing and writing paper;
- Biosolids;
- Sludges; and
- Digestate.
This law applies to multifamily buildings with five or more units in their organic waste collections. To comply, property owners must subscribe to their local organic curbside collection services or self-haul organic waste to a composting facility. To do this, property owners or their property management services provider must:
- Provide tenants and employees with organic waste collection services;
- Provide new tenants with composting information within 14 days of occupancy;
- Annually, educate tenants and employees on the proper ways to sort organic waste into the correct bins; and
- Supply adequate numbers, sizes, and locations for containers correctly labeled or container colors.
San Diego New Rental Laws You Should Know 2022 – Conclusion
We explained seven San Diego new rental laws you should know in 2022. Although they are six California state laws and federal laws, they affect San Diego County.
Let’s sum up these seven laws:
- COVID-19 rules: At the end of March the Biden administration’s federal ban on eviction extensions ends, unless another extension occurs.
- Emotional Support Animals: California made it harder for tenants to get their pet ducks and exotic animals certified as emotional support animals.
- The current rent increase in San Diego County: Until August 1, 2022, the maximum rent increase cap rate is 9.1%.
- New duties for city and county officials to enforce state housing laws: These officials must investigate every tenant’s complaint about substandard housing conditions including communicating with the tenant.
- Fines up to $5000 for tenants violating short-term rental ordinances: Tenants now face up to $5,000 in fines for violating local short-term rental ordinances.
- Equal access to multifamily building amenities: Prohibits mixed-income multifamily buildings from preventing equal access for the affordable housing tenants.
- Organic waste collection services for multifamily buildings: Attempts to reduce methane and greenhouse gas emissions in landfills. Requires special means to dispose of edible foods and organic waste.
Confused by These New Laws?
We only provided a summary of these seven California and federal laws affecting San Diego rentals in 2022. Therefore, you may experience confusion about them.
WeLease Property Management Company provides landlords and housing property owners with all the services they need to comply with local, state, and federal housing laws in San Diego County.
Contact us so we can show you how our professional services by experienced property managers can save you time and money.
Steven Rich, MBA – Guest Blogger
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WeLease Property Management Company
As an expert in real estate and property management, I've been closely following the developments in rental laws, particularly those affecting San Diego County in 2022. My in-depth knowledge of the field allows me to provide a comprehensive understanding of the key concepts discussed in the article.
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COVID-19 Rules: The article mentions the easing of laws aimed at stopping the spread of COVID-19, such as the requirement to wear masks in indoor public places. Additionally, it notes that renters behind on payments have until the end of March to catch up, coinciding with the potential expiration of the federal ban on evictions.
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Emotional Support Animals: The new AB 468 law in California addresses the issue of tenants trying to bypass "no pet" policies by claiming unusual animals as emotional support animals. The law strengthens policies by requiring tenants to obtain a licensed health care practitioner's designation for a specific pet as necessary for emotional support, with a minimum patient-practitioner relationship of 30 days.
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Current Rent Increase in San Diego County 2022: The AB 1482 law allows landlords to increase rent twice a year, with a maximum cap rate set at 9.1% for the period from August 1, 2021, through July 31, 2022. The law also mandates a minimum 30-days' notice for any rent increase of 10% or less. Certain properties, such as those less than 15 years old or owned by individuals, are exempt from this rent cap law.
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New Duties for City and County Officials to Enforce State Housing Laws: The AB 838 law, effective from July 1, 2022, requires city and county officials to investigate complaints of substandard housing conditions. This is a response to some local governments' preconditions that prohibited housing code enforcement unless rent was paid in full.
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Fines Up To $5000 for Tenants Violating Short-Term Rental Ordinances: The SB 60 law, effective from January 1, 2022, empowers cities to impose fines of up to $5,000 on tenants violating short-term rental ordinances, aiming to regulate such rentals more strictly.
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Equal Access to Multifamily Building Amenities: The AB 491 law mandates that mixed-income multifamily buildings must provide equal access to amenities and common areas for all occupants, including those in affordable housing units. The law prevents the isolation of affordable housing units to specific floors or areas.
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Organic Waste Collection Services for Multifamily Buildings: The SB 1383 law, aimed at reducing methane and greenhouse gas emissions, requires multifamily buildings with five or more units to dispose of organic waste properly. Property owners must subscribe to local organic waste collection services, provide information to tenants, educate them on proper waste sorting, and ensure an adequate supply of correctly labeled containers.
In conclusion, these seven rental laws in San Diego County for 2022 cover a range of topics, including COVID-19 regulations, emotional support animals, rent increases, housing law enforcement, short-term rental fines, equal access to amenities, and organic waste disposal. Property owners and landlords need to be aware of these regulations to stay compliant and avoid potential legal issues. If you have any questions or need assistance navigating these laws, professional property management services, such as those offered by WeLease Property Management Company, can provide valuable support.
