Rental Housing Law

By Daniel Bornstein | Get dialed into the evolving laws and regulations germane to Bay Area rental housing providers.

2018 Owner Move-In Evictions, In Depth

Reforms that modify Section 37.9 of the San Francisco Rent Ordinance<p><b>Effective 8/27/17</b><p>37.9(a)(8)(v): Clarifies what kind of evidence is relevant …

Domestic Violence: A Vexing Issue for Rental Housing Providers

It’s been said that home is where the heart is. But what happens when the heart is broken, and an aggressor poses a foreseeable threat to other …

Domestic Violence

Costa Hawkins repeal efforts fail for now - the battle is won but the war continues

<b>It is a marathon, not a sprint.</b><p>That’s our take away for Bay Area property owners after Thursday’s newsflash that the Assembly Housing and Community …

Tax Reform

The jury is still out for the Tax Cuts and Jobs Act (H.R.1), more popularly known as tax reform or the GOP tax plan. For the purposes of this …

Half Of Airbnb Rentals Nixed Overnight

Airbnb may have won many people’s choice awards, but it hasn’t gotten many points with its hometown. Now, the city seems to have tamed the beast and …

Ensuring Your Relationships With Resident Managers are Legally Compliant

When resident managers feel aggrieved, the current climate is rife for costly litigation. These onsite managers are becoming more sophisticated in …

Rental Housing

Airbnb Dodges Bullet By Getting Big Lawsuit Dismissed

Airbnb’s steely legal team is no stranger to litigation, whether defending an array of lawsuits around the globe or bringing their own fight to …

Airbnb

Lock Lock, Who’s There?

What landlords should know about changing keys.<p>Locks and key devices have been around for time immemorial, first discovered in the ruins of Nineveh, …

Housing

Income Discrimination a Potential Source of Litigation For Landlords

Finding a model tenant who pays rent on time, studiously cares for the rental unit, and is a good neighbor can be a challenging endeavor, driving …

Housing

Many Oakland Landlords in Section 8 Housing Looking to Jump Ship

Whoever came up with the clever phrase that a rising tide lifts all ships clearly did not have Section 8 housing in mind.<p>In the currently red-hot …

Housing

Five Surefire Ways To Lose An Unlawful Detainer Action

Perhaps one of the most thankless and trying, but necessary duties of a landlord is evicting tenants when the tenant violates one of the covenants of …

Housing

Laws That Govern Roommate Arrangements & Landlord Rights

The Chief Economist for Redfin predicts that rising prices, an uptick in rates, and higher property taxes will lead to more roommate arrangements due …

Real Estate

Reasonable Accommodations For Disabled Persons In Rental Housing

We’ve seen an uptick in lawsuits by tenants and their attorneys as of late, and a common denominator? Many of these suits could have been avoided if …

Housing

What Landlords Need To Know About Service Animals

After a fleeting post we shared a while back regarding service and comfort animals, we were surprised by the reaction it generated. At the time, we …

Real Estate

Habitability Issues Can Tank A Just Cause Eviction Action

Failing to provide a safe, sanitary and secure residence is an affirmative defense a tenant or their counsel can raise to contest rent obligations or …

Real Estate

Law Surrounding Accessory Dwelling Units, Aka ‘Granny Flats’

Accessory Dwelling Units (ADUs), colloquially known as in-law units or granny flats, are gaining popularity throughout the Bay Area and beyond. Once …

Housing

California Landlords Can Put The Kibosh On Cannabis In Rental Units

Although California has given adults the green light to ingest marijuana and grow it at home, Bay Area residents have another hurdle to …

Cannabis

San Francisco Tenant Buyout Agreements

In the heyday of tenant buyout agreements, it seems that our office negotiated at least one buyout each and every day. Although not as common …

Sexual Harassment A Timely Topic For Rental Housing Industry

Sexual harassment is a timely topic for the real estate industry, as a pantheon of celebrities fall from grace for alleged acts of lewd conduct. As …

Racial Slur Brings Airbnb Discrimination Into Focus

By Daniel Bornstein, Esq.<p>There’s never a dull moment with Silicon Valley’s most prized unicorn. Airbnb made the national spotlight again, this time …

Exemptions To Rent Control For “Substantial Rehabilitation” Work

Oakland and San Francisco are in a rather exclusive club, being among a small group of rent controlled jurisdictions allowing landlords to exempt …

Housing Discrimination Often Begins With Fielding Tenant Applications

By Daniel Bornstein, Esq.<p>Having managed thousands of landlord-tenant relationships, we can attest to the deteriorating mental health of clients that …

2018 Changes Impacting The California Real Estate Industry

By Daniel Bornstein, Esq.<p>With the tailwinds of a Democratic super-majority, the Governor Jerry Brown’s pen has been busy. As Sacramento closes the …

Bornstein Minute - Prospective Tenant

Landlord-Responsibilities-Natural-Disasters

<b>Landlord Responsibilities In Wake of Natural Disasters</b><p>Do you know what would happen with your rental property, residents, and employees if you find …

Hoarding Fair Housing Laws

<b>Fair Housing Laws May Apply When Evicting a Tenant Hoarder</b><p>When we commence an unlawful detainer action in hoarding situations, it is not uncommon …

Danny Glover Airbnb

<b>Danny Glover The New Face In Airbnb's Campaign To Promote Diversity</b><p>As pioneers in the ever-evolving laws relating to short term rental agreements, we …

Tenant Hoarder Evictions What Landlords Need To Know

<b>What Landlords Need To Know About Tenant Hoarding</b><p>In our last post, we urged landlords and property managers to take immediate steps to correct …

Wrongful Eviction Insurance

<b>Wrongful Eviction Insurance To Protect Against Tenant Lawsuits</b><p>We have seen an uptick in lawsuits initiated by disgruntled tenants that have been …