SAN DIEGO
TENANT UPDATE
ARCHIVES
Archive Date 6/6/08
SUPPORT FOR MARTI EMERALD
San Diego City Council Candidate
We congratulate Marti Emerald on the strong favorable voter support she received in her bid for San Diego City Council. Over many years, she has demonstrated her ability to be a dedicated and thoughtful community servant and we are confident she would represent her district and the City of San Diego well. We continue to endorse her candidacy as she heads toward a run-off election in November.
RENTS RISING
According to a recent Market Pointe Realty Advisors survey, the average monthly rents in San Diego have increased by 4% in the first quarter of 2008 compared to the same first quarter in 2007. They surveyed 114,681 units and the "average" rent they say is now $1,387.00 for this period. Contributing factors for this increase are believed to be from increased demand for rentals caused by foreclosures and the lack of sales of homes.
Archive Date 3/15/08
CITY OF SAN DIEGO PASSES MINI DORM ORDINANCE
The new ordinance is aimed at restricting or limiting regular single family houses from being turned into high density "mini-dorms" This law would require owners of homes with six or more adult occupants to apply for $1,000 annual permits. The permits would require parking spaces for all but one adult. The law was supported by many neighbors who have complained about parties, trash and noise brought about by the higher density housing in caused by these mini dorms.
VACANCY RATE DECREASING
According to a RentalTrends report dated September 19, 2007, released by MarketPointe Realty Advisors, the vacancy rate in San Diego dropped dramatically to 2.58 percent. There are many reasons for this including fewer new units being built and an economic expansion in the County. Tightening of the home loan market means fewer people can buy so they enter the rental market. All these factors ultimately mean more people competing for fewer rentals. More demand and less supply translates to an upward pressure on rents.
FORECLOSURES IMPACTING THE RENTAL MARKET
According to DataQuick, San Diego county had a record 2,896 foreclosures In the first half of 2007 compared with only 445 during the first half of 2006. (551 percent increase). For the second quarter of 2007, the amount of foreclosure sales in San Diego increased to nearly 10 percent of all resales. It was just 1.7 percent of resales only a year ago. This means that there are many former homeowners who are being forced to rent and thus increasing the demand for rentals. Some have never rented while others are returning to being a tenant after a short experience as a homeowner. This increased demand may contribute to rising rents as these "new" tenants look for an apartment or other type of rental to be their new home.
RENTS RISING
According to a recent RealFacts survey, the average monthly rents in San Diego for apartment complexes with more than 100 units rose 5.4% during the second quarter (April - June) in 2007. The "average" rent they say is now 1,345.00 for this period. Contributing factors for this increase are believed to be from increased demand caused by foreclosures and failed condo conversion sales.
Archive Date 1/2/08
WILDFIRES DISPLACE MANY FROM THEIR HOMES
The Wildfires in San Diego County in October 2007 have impacted and displaced many residents in San Diego County. Some affected residents may be able to return to their homes while sadly, some may not. We need not reiterate the statistics which have become mind numbing as to the number of structures damaged or lost and people forced to move from their homes. This is the time that residents rely on family, friends, community and Insurance to assist in returning to normal lives. Many tenants will be forced to move from their rentals. Renter's insurance will be of great assistance here. For others, their property may be lost by fire, smoke or water damage. Without insurance, there is little available other than government programs to assist. Under California Law, a landlord is generally not responsible for the tenant's losses from these fires. There may be some claim available, however, if the landlord failed to take recommended or otherwise obvious fire protection precautions. Also, under law, absent a lease provision to the contrary, the destruction of a premises generally terminates the lease. Repairable rentals are a different situation. Here, a landlord must make the repairs to the rental unit for the tenant during a lease while a month to month tenancy may be terminated. Also, what about the time waiting for the repair? These are complex issues which need to and will be sorted out as time progresses. Hopefully, landlords and tenants can work together to resolve these issues. If not, legal assistance and perhaps even the courts will be needed.
California State Govt. Information
Federal Response to the Wildfires
UNLAWFUL PROFITEERING FROM WILDFIRES
Penal Code Section 396, became immediately effective after the state of emergency was declared on October 21, 2007. It became unlawful for 30 days to charge a price that exceeds, by more than 10% of the price before the declaration of emergency for any consumer food items or goods, goods or services used for emergency cleanup, emergency supplies, medical supplies, home heating oil, building materials, housing, transportation, freight, and storage services, or gasoline or other motor fuels. "Housing" is defined as month to month tenancies PC 396(h) (10). Violators of this statute are subject to criminal prosecutions and civil penalties. Of course, there are limitations and exceptions to this law depending on the situation.
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NEW LAW PROTECTS TENANTS AND LANDLORDS
REGARDING LEGAL RESIDENCY REQUIREMENTS
AB 976 (to be known as California Civil Code section 1940.3) was signed into law prohibiting local governments from passing laws requiring landlords to check residency status of tenants. This prevents laws from being created forcing landlords to enforce immigration laws through their renting policies. Prior to AB 976, many landlords expressed their concern because they did not want to be forced to become "immigration police." This law also makes it illegal for a landlord to make inquiry of the tenant's residency status or require a statement (including any papers) to be shown regarding such status (except to assess financial qualifications or to prove identity)
Archive Date 9/22/07
VACANCY RATE RISING?
According to a survey conducted by the San Diego County Apartment Association, their Spring 2007 Vacancy & Rental Rate Survey found a 5.1 percent countywide vacancy rate, compared with 3.1 percent in its fall survey. The vacancy rate a year ago was reported at 3.4 percent. This survey included rental data from members of the association so many other rental properties in the County were not included. Higher vacancy rates mean that we may see some relief to rising rents as well as seeing an increase in move-in specials and incentives.
Archive Date 7/20/07
RENTS RISING
According to a recent RealFacts survey, the average monthly rents in San Diego for apartment complexes with more than 100 units rose from $1,261.00 to $1,327.00 for the first quarter of 2007.
VACANCY RATE HIGHEST SINCE 1995
According to a recent MarketPointe Realty Advisors survey, the vacancy rate in San Diego for apartment complexes of at least 20 units rose to their highest levels since 1995! The vacancy rate is reported to be 4.5% as of March 2007 compared with 3.8% a year ago. The average rent still rose $50.00/month from a year ago. The average rent now stands at $1,261.00
Archive Date 3/21/07
ESCONDIDO ABANDONS ORDINANCE AGAINST
UNDOCUMENTED PERSONS
Escondido CA passed an ordinance prohibiting landlords from renting to "illegal aliens."
On 11/16/06 a Federal Court issued a temporary injunction against the implementation of the ordinance ruling that it appears to violate Federal Law. On 12/13/06, The city of Escondido issued a statement declaring it will not pursue any attempt to put this ordinance into effect.
RENTS RISING
According to a recent MarketPointe Realty Advisors survey, rents in San Diego County increased by 3.81% in the last year (September to September) Our rents are 2.47% higher in September than they were in March 2006. The apartment vacancy rate has dropped to 1.84% from 3% only six months ago. This survey looks at complexes of 25 units or more. The San Diego County Apartment Association released it's survey on 12/12/06 declaring a 5.8% increase in rents over the previous year.
RENTER ASSISTANCE REFUNDS
Annual Program Provides Financial Aid to Many Seniors and Disabled
Assemblyman Jay La Suer (La Mesa) announced the beginning of the 2006 Homeowner and Renter Assistance Program, an annual effort to provide financial assistance to many seniors, as well as the blind and disabled. Qualifying individuals may apply to the Franchise Tax Board for refunds. You may qualify for Homeowner or Renter Assistance even though you are not required to file a State income tax return.
Seniors may request an application form by contacting the Franchise Tax Board at
(800) 868-4171 or on the web at www.ftb.ca.gov.
Archive Date 9/22/06
RENT INCREASES FOR SAN DIEGO AT 3%
According to a RealFacts survey, rents in San Diego County increased only 3% (annualized) in the second quarter of 2006 compared with the same period in 2005. San Francisco, showed a 6.0% increase, L.A. was 6.8% and San Bernardo/Riverside 5.7%. The average rent here was $1,276 as of June, 2006
Archive Date 7/19/06
RENT INCREASES FOR SAN DIEGO FLAT AT 3.1%
According to a RealFacts survey, rents in San Diego County increased only 3.1% in the first quarter of 2006 compared with the same period in 2005. San Francisco, showed a 5.0%increase, L.A. was 6.7% and San Bernardo/Riverside 7.3%. The average rent here is $1,261 as of March 31, 2006
Archive Date 4/20/06
RENT INCREASES BELOW STATE AVERAGE
Statewide rents have risen an average of 4.7% in 2005 while San Diego rents increased by 3.3%. Some higher rent moving areas were L.A. where rents jumped 6.6% and San Bernardino which saw a 7.3% increase. Vacancy rates for San Diego increased by only 0.3%. The average rent across San Diego County was $1,254.00 compared to the State average of $1,271.00 (according to a RealFacts survey)
Archive Date 1/2/06
BILLING FOR WATER USE
Many landlords are taking advantage of the lack of consumer protection laws regarding billing tenants for water use without knowing how much water the tenant actually used. The California Public Utilities Commission (CPUC) has ruled that they cannot regulate unfair water billing practices leaving the matter for the legislature (and then the courts) to take some action.
90 DAY NOTICE FOR SECTION 8 TENANCIES
On 6/13/05 the California Supreme Court ruled in the case of Wasatch Property Management v. Degrate that a landlord who terminates a tenancy agreement with a tenant who is on the Section 8 program where the eviction is not for cause (i.e. rules violations etc.) is required to give that tenant a 90 days’ notice to quit.
Archive Date 9/26/05
INCREASED PROTECTIONS FOR
MILITARY SERVICE MEMBERS
On December 19, 2003, President Bush signed into law the “Servicemembers Civil Relief Act” (SCRA). This law is a complete revision of the Soldiers’ and Sailors’ Civil Relief Act (SSCRA) which provided protection to certain members of the military facing hardship brought about by their service. Many of these situations can be handled by the appropriate military legal service office or the service member may seek assistance from civilian attorneys. At the Tenants Legal Center, we are proud to have assisted many of our military service member neighbors.
RENT INCREASE RATE SLOWING
In October 2004, rents were climbing at about 3.2 percent per year. The average rent as of 9/30/04 was approximately $1,210.00 per month.
In April 2005, another survey (from RealFacts) indicated that the rate of rent increase has slowed from 3.2 percent to 2.7 percent (compared to the first three months of last year) This is less than the statewide average increase of 3.3 percent. RealFacts claims the average rent for this first quarter of 2005 was $1,222.00.
There are many opportunities for tenants for reduced rent, move-in specials and other incentives. Of course, some landlords will still charge higher rent for those with bad credit or evictions on their record. Therefore, to get the best deals, protect your rights.
FREE CREDIT REPORTS FOR CALIFORNIANS
Having good credit may mean the difference between getting accepted or rejected when applying for a rental. The first step to protecting or improving your credit is obtaining a credit report to evaluate your situation. Now you can do that once a year for free. You can request a free report by telephone at 877-322-8228 or online but check out some consumer warnings before making that request online.
TENANTS RECEIVE MORE PROTECTION FOR
"COMPANION" ANIMALS
A recent court ruling will help many disabled tenants who require animals for companions. The court ruling said that companion animals may now receive the same protection as guide or service animals.
This means that under certain conditions, a tenant may be allowed to keep a companion animal even in a no pet building (since the animal is not a "pet)
GOOD CAUSE EVICTION PROTECTION ORDINANCE NOW IN EFFECT FOR THE CITY OF SAN DIEGO!!
Original draft of the Ordinance - part one
Original draft of the Ordinance - part two
Many tenants receive 30/60 day notices for no "good faith" reason at all. Some are being abused by discrimination or retaliation. Unfortunately, the burden to prove those violations is on the tenant and they are not easy things to prove. Many tenants are being evicted because they may be having personality conflicts with the resident manager. Should tenants need to humiliate themselves just to be in the manager's good graces to protect their home? Should tenants be afraid to speak up about the conditions in their rental? We think not. A person should not be evicted from their home without a good reason and they should be told any such reason in a notice to move. The Tenants Legal Center drafted a proposed good cause eviction ordinance and presented it to the Affordable Housing Task Force for their consideration.
On May 29, 2003, that ordinance was debated and voted on by the Task Force. It was approved with the only change that a tenant must reside at the unit for two years before good cause must be put in an eviction notice. ( The original version we proposed had no waiting period.)
On November 5, 2003 the matter went to the Land Use and Housing Committee for their vote. The Tenants Legal Center addressed the committee and argued in support of the proposed Good Cause Ordinance. Many landlords also addressed the committee and argued in opposition to the ordinance. The Good Cause Eviction protection ordinance (now called the Tenant's Right to Know law) was hotly debated with a forceful presentation by both sides on this issue. The Committee voted 4-1 in favor of approving the law.
On March 16, 2004 the proposed law went to the full City Council for their vote where it was again hotly debated. The opposition (landlords) spoke from 10:00 a.m. to the lunch break and resumed at 2::00 p.m. and did not finish until about 4:30 p.m. Then the proponents of the ordinance spoke along with testimony from the Tenants Legal Center, the San Diego Organizing Project (SDOP), with support from the Affordable Housing Coalition, ACORN and many others. We spoke collectively for less than one hour. Afterwards, some council members commented, specifically called upon certain individuals for further comment, including Steven R. Kellman from the Tenants Legal Center. The Council then voted in favor of the new law.
The ordinance has taken effect on APRIL 29, 2004. With few exceptions, this new law covers most residential tenancies. It does not cover commercial tenancies.
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California law for San Diego is applied in these pages. Such laws may or may not be applicable in other jurisdictions. The information provided herein is of a general nature and is not intended to be taken as specific legal advice. For legal advice in a particular situation, promptly consult with an
appropriate attorney