2023 New Laws and Reminders for Landlords by Patricia A. Harris

Please use the below as a guide to easier management, money-saving ideas and to avoid potential legal problems in the New Year. Our goal is your continued success!

1. NEW 2023 RESIDENT MANAGER LAWS:  For your protection, you should have a new, updated, written, legal Resident Manager Agreement containing all NEW LAWS.  (Read Attorney Gary Ganchrow’s article in this issue.)
2. L.A. CITY COUNCIL ENDS LOCAL EMERGENCY:  The end date for the local emergency is on February 1, 2023 and also ends the city’s eviction moratorium and rent increase freeze. Renters will have up to twelve months to repay deferred rent owed depending on when the rental debt was accrued.  The city’s rent increase freeze will end on February 1, 2024 – one year after this end date.
3. CITIES WITH NEW RENT CONTROLS:  Fairfax, Bell Gardens, Pasadena, Pomona and Antioch
4. CITIES STRENGTHENING RENT CONTROLS:
   1. Oakland – Expands just-cause protections 
   2. Richmond – Tightens existing rent control increases 
   3. Santa Monica -Tightens existing rent control increases
5. SB 721, and SB 326: BALCONY INSPECTION LAW: For multifamily housing, condominiums and buildings with more than three dwelling units. The first inspections AND any ensuing repairs require completion by January 1, 2025.  Property owners have until January 1, 2025, to complete and file the inspection report. Re-inspection is required every six (6) years. 
6. SB 1383 – MANDATORY STATEWIDE WASTE COLLECTION: This bill requires multifamily apartments of five or more units to have a system for their residents by 2025 to collect their organic waste (like food scraps) and have it transported to a compost facility.
7. RENT INCREASE NOTICES:   Rental increase of more than 10% now requires a 90-day notice, rather than 60-day notice. 
8. NEW SANTA ANA NOTICES: Property owners are required to provide written notice of the Ordinance and tenants’ rights at the commencement of a lease or as part of any notice to increase rent. The notice shall be written in the language that the Owner and Tenant used to negotiate the terms of the Tenancy (e.g., Spanish, Chinese, Tagalog, Vietnamese and Korean), as well as English and in a form prescribed by the City. Notices in English can be found on our website – www.aoausa.com and other language notices can be found at the following website: https://tinyurl.com/mr362tmw.
9. SB 329 -SECTION 8 APPLICANTS:  Housing Discrimination prohibits landlords from discriminating against tenants who rely on housing assistance paid directly to landlords, such as a Section 8 voucher, to help them pay the rent. All Section 8 applicants MUST be considered.  You may no longer advertise or state that you do not accept Section 8. 
10. NEW RENTAL AGREEMENTS/AOA FORMS:  Be sure to use AOA’s newest updated Rental Agreement/and or Lease which is available to members for FREE at www.aoausa.com.  This is a great time to check that all of the AOA forms you are using are the most current ones.  Toss out the old!
11. REQUIRED FLOOD DISCLOSURE FORM:  Remember to include a copy of the Flood Disclosure form with all new rental agreements.
12. REQUIRED BEDBUG FORM:   AOA’s form 15 – Information on Bedbugs must always be included with all new rental agreements.
13. RESIDENT MANAGER HOURS:  Be sure to have your resident manager report their hours in writing to you on a weekly basis.  AOA’s form #119A is designed for this purpose.
14. NEW 3-DAY NOTICE to PAY RENT:  Always serve in a timely fashion – immediately – the day after rent is due. Any grace period given in your lease only refers to late fees, not when rent is due.  Remember, weekends and judicial holidays can no longer be included or counted in the 3-day response period. (Be sure to use the most current forms 103 at www.aoausa.com that say “judicial” holidays and not “legal” holidays.  
15. AB 468 – EMOTIONAL SUPPORT ANIMALS -This bill became effective Jan. of last year and prohibits a licensed physician from providing documentation about an individual’s need for an emotional support animal without establishing a relationship with the individual for at least 30 days. Also, the physician must complete an in-person clinical evaluation of the individual who requests the emotional support animal. Be sure to get proper documentation from applicants and/or current tenants..
16. FAIR HOUSING POSTER:  Federal Fair Housing law requires every property with four or more units to have a fair housing poster displayed in a conspicuous location on the property.  It must be a minimum of 11 x 14 inches to be in compliance.  If you don’t have one posted, you may order a laminated poster by calling AOA.
17. SMOKE/CO DETECTORS:  Have your smoke and carbon monoxide detectors checked every six months. At that time, also inspect your units regularly for plumbing leaks and other needed repairs; preventative maintenance saves you money.
18. RENTAL QUALIFICATION FORM:  Standardize and write down your rental criteria requirements to avoid discrimination lawsuits. This should be given to each new applicant with your application to rent.  A simple, fillable form of a criteria list has been designed for your convenience and is available for FREE to AOA members at  www.aoausa.com. (AOA Form 100Q).
19. SCREENING FEE RECEIPT: Rental housing providers must provide an itemized receipt when collecting an application screening fee. (Available FREE to AOA members at www.aoausa.com.
20. RUN TENANT SCREENING REPORTS: Have AOA search credit, eviction and criminal reports on all of your prospective renters.  Always use our low-cost screening services.
21. MOVE-IN/MOVE-OUT:  Always conduct enter and exit checklist inspections – use AOA’s form #131.  Take pictures of your unit before move-in and upon move-out.  As they say … pictures are worth a thousand words – especially in court.
22. SUPPORT THE INDUSTRY: Hire AOA’s Advertisers who are dedicated to serving our industry.  Always obtain competitive bids to cut expenses.  
23. Consider accepting pets to your rent pool – many responsible pet owners make great tenants.
24. Call AOA Commercial Brokerage BEFORE you buy or sell an apartment building.  Our professional agents have been serving our members’ needs for over 35 years.
25. REQUIRED AB 2330 WALK-THROUGH (Move-Out)  – Be sure to offer your vacating tenant the required AB2330 Walk-Through “pre-inspection” (AOA Form 135) no sooner than two weeks prior to the move-out date. AOA members may download this form with all instructions for FREE from www.aoausa.com.
26. SECURITY DEPOSIT REFUNDS:  Send back security deposits within the 21 day legal time frame, including the necessary receipts/invoices for each item when deductions total over $125.00. Use AOA’s Security Deposit Refund Letter –form #133.
27. Update your tenants’ information (current employment) (emergency phone numbers).
28. JOIN AOA:  If you’re not already a member, JOIN AOA TODAY – get the help you need with your property – up-to-date rental forms, FREE advice, FREE seminars, FREE monthly magazine, low-cost, instant credit, eviction and criminal reports, AOA’s collection services and you may save money with AOA’s Group Insurance Plan.
29. AOA’s GROUP INSURANCE PLAN:  Start the New Year off right – get quotes for your building’s insurance and Workers’ Compensation policies.  AOA members are saving thousands and many have claimed the WC rates are the lowest they’ve seen. 
30. COLLECT OLD DEBTS: Tenants left owing you money? Hold them accountable! Use AOA’s new and improved Debt Reporting and Collection Service to collect on those old judgments; it is designed to recover more of your money.
31. Call your AOA advisor BEFORE you make that mistake.  We’re here to help.
32. Make a copy of proper IDs (license, SSN) on all prospective tenants.
33. Check rental applications thoroughly – speak with previous landlords, verify employment, etc.
34. REQUIRED ADVERSE ACTION FORM: When rejecting applicants, you must do so in writing.  Use the legally required Rental Application Adverse Action “rejection notice” – form #140, available at www.aoausa.com. 
35. AOA SEMINARS AND TRADE SHOWS: -Keep yourself educated! – Attend AOA’s FREE seminars and the Million Dollar Trade Show and Landlording Conferences. Seminars and live streams are listed monthly in your AOA Magazine and posted on our website to view at your convenience.  Our next scheduled Trade Show is April 19th, 2023 at the Los Angeles Convention Center in West Hall A – mark your calendar NOW. 
36. COVID-19: Last but not least, Governor Newsom announced that the COVID-19 State of Emergency will end on February 28, 2023.

The staff at AOA wishes you a happy, healthy and prosperous 2023! 

Patricia A. Harris is Senior Editor of the Apartment Owners News & Buyers Guide.  This article is a general guide and has no legal representation.  It is suggested that you contact an attorney for legal advice should the need present itself.