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California lawmakers strike landlord deal to cap security deposits, add eviction protections

California lawmakers brokered deals with landlords and Realtors to send Gov. Gavin Newsom bills to enhance protections for tenants — a victory for renters, in spite of some significant concessions.

The Legislature late Thursday approved Senate Bill 567 from Sen. Maria Elena Durazo, D-Los Angeles, which would strengthen protections for renters facing evictions for renovations or landlord move-ins. Durazo pitched the measure as a way to prevent homelessness for those at risk of losing their housing.

The California Apartment Association and real estate groups strongly opposed SB 567, which builds on a 2019 measure that created a framework of eviction protections for tenants. But Durazo and tenant advocates were able to work out a last-minute deal with the apartments’ group that shifted their stance to neutral.

Lawmakers earlier in the week approved Assembly Bill 12 from Assemblyman Matt Haney, D-San Francisco, which would cap security deposits at one month’s rent. Haney also amended his bill to allow smaller landlords to ask for up to two months’ rent.

California renters have traditionally had little power in the Capitol, where groups representing Realtors and landlords hold significant sway.

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California lawmakers approve bills including eviction protections and mental health care reform

The California Legislature voted Thursday to bolster eviction protections for renters and close a loophole in an existing law that has allowed landlords to circumvent the state’s rent cap.

The eviction reform bill was among hundreds approved before the end of a late legislative session, including giving striking workers unemployment benefits and reforms to the state’s mental health system.

Democratic Gov. Gavin Newsom has until Oct. 14 to act on the bills by signing them into law, rejecting them with a veto or allowing the bills to become law without his signature.

The rental bill by Democratic state Sen. María Elena Durazo would update a 2019 landmark law creating rules around evictions and establishing a rent cap at 5% plus the inflation rate, with a 10% maximum.

The governor was the architect of the 2019 law on renter protections, but he has not indicated whether he will sign the new eviction legislation, the bill sponsors said.

Under the 2019 law, landlords can evict tenants for “at fault” or “no fault” reasons. “At fault” reasons include failure to pay rent on time. Under “no fault” rules, landlords can terminate leases merely by saying they need to move into units, make repairs or take the units off the rental market.

Renters’ advocates said some landlords have exploited the “no fault” evictions to get around the state’s rent cap. They pointed to a case in Santa Clara County in which a landlord evicted tenants, citing the need to move in their relatives, but then re-listed the units at nearly double the price.

Under Durazo’s new bill, landlords moving into their unit or renting to family also must identify the people moving in, the rental must be occupied within three months of eviction and they must live in the unit for at least a year. Those who evict tenants to renovate properties must include copies of permits or contracts, among other details, when serving eviction notices.

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