The following are a handful of some of the new laws related to real estate that took effect on January 1,2018, or will take effect later this year. This is, of course, not intended to be a comprehensive list, but reflects some of those laws that may be of widespread interest to lawyers and/or landlords and tenants.

1.Tenant Immigration Status (Revise)

The Immigrant Tenant Protection Act, which was signed into law by Governor Brown on October 5, 2017, and took effect on January 1, 2018, amends and creates a number of code sections to strengthen protections against housing discrimination or harassment based on immigration or citizenship status. The new law broadly defines immigration or citizenship status to include a person’s actual immigration or citizenship status, as well as a perception that a person has a particular immigration or citizenship status, or that a person is associated with a person who has, or is perceived to have, a particular immigration or citizenship status. (Civil Code §1940.05.)

California landlords are now expressly prohibited from the following:
a.Disclosing information regarding the immigration or citizenship status of a tenant, occupant, or person associated with the tenant, to any immigration authority, law enforcement agency, or local, state, or federal agency, for the purpose of, or with the intent of, harassing or intimidating a tenant or occupant, retaliating against a tenant or occupant for the exercise of his or her rights, influencing a tenant or occupant to vacate a dwelling, or recovering possession of the dwelling, irrespective of whether the tenant or occupant currently resides in the dwelling. (Civ. Code § 1940.35.). However, Disclosure is allowed if done to comply with legal obligations under federal law, including, but not limited to, any legal obligation under any federal government program that provides for rent limitations or rental assistance to a qualified tenant, or a subpoena, warrant, or other order issued by a court.

b.Threatening disclosure of information regarding the immigration or citizenship status of a tenant, occupant, or person associated with the tenant is added to the list of prohibited conduct for the purpose of influencing a tenant to vacate a dwelling. (Civ. Code § 1940.2.)

c. Inquiring about or disclosing to any person or entity information regarding or relating to the immigration or citizenship status of any tenant, prospective tenant, occupant, or prospective occupant of the rental property for the purpose of, or with the intent to, harass, intimidate, retaliate, or influence a tenant to vacate a unit. (Civ. Code § 1940.3.)

d. Initiating an unlawful detainer claim because of the immigration or citizenship status of a tenant, occupant, or other person known to the landlord to be associated with a tenant or occupant, unless the landlord is complying with a federal affordable housing program. (C.C.P § 1161.4.) The law also creates a rebuttable presumption that a landlord has violated this law if the unlawful detainer action asserts the tenant’s failure to provide a requested social security number, consumer credit report, or identification, and the landlord had already approved the tenant to take possession of the dwelling prior to such request.

e. Reporting, or threatening to report, a tenant or individuals known to the landlord to be associated with the tenant to immigration authorities (such conduct is now considered a form or retaliatory conduct). (Civ. Code § 1942.5(c).)

New Civil Code section 3339.10 provides that immigration and citizenship status are irrelevant to any issue of liability or remedy in most landlord tenant disputes.

Under the new law, attorneys are now subject to suspension, disbarment, or other discipline for reporting suspected immigration status or threatening to report suspected immigration status of a witness or party to a civil or administrative action of his or her family member to a federal, state or local agency because the witness or party exercises or has exercised a right related to his or her hiring of residential real property. (Bus. & Prof. Code § 6103.7.)

2. Landlord Disclosure of Flood Hazard

As of July 1, 2018, if you are a residential landlord, and (a) you have been notified by a public agency in writing that your property is located in a flood hazard zone; (b) your lender requires you to carry flood insurance; (c) you currently have flood insurance, or (d) you otherwise have actual knowledge that the property is located in a special flood hazard area or an area of potential flooding, you will be required to include a specific disclosure in your lease or rental agreement. (Cal. Govt. Code § 8589.45.) Specifically, the lease must state, in no less than 8-point font, that:

a. The property is located in a special flood hazard area or an area of potential flooding;

b. The tenant may obtain information about hazards, including flood hazards, that may affect the property from the website of the Office of Emergency Services (also, this disclosure must include the address for the MyHazards tool maintained by the Office);

c. The owner’s insurance does not cover the loss of the tenant’s personal possessions and it is recommended that the tenant consider purchasing renter’s insurance and flood insurance to insure his or her possessions from loss due to fire, flood, or other risk of loss; and

d. The owner is not required to provide additional information concerning the flood hazards to the property and that the information provided pursuant to this section is deemed adequate to inform the tenant.

3. Increased State and County Recording Fees.

As of January 1, 2018, to support the Building Homes and Jobs Act, County Recorders are now required to charge an additional $75 at the time of recording every real estate instrument, paper, or notice required or permitted by law to be recorded, except those expressly exempted under the law. (Cal. Govt. Code § 27388.1.) Unless an exemption applies, for each document title in a transaction the fee is charged per parcel of real property, but caps out at $225 per single transaction (this comes in handy when the transfer of a single address includes multiple parcels). It is also important to note that even if an exemption applies, if the party recording the document fails to submit a declaration of the exemption on a cover page or on the face of the document, the fee will be applied.

Documents exempt from the $75 fee include:
a. Documents subject to the documentary transfer tax pursuant to Section 11911 of the Revenue and Taxation Code at the time of recording, which documents include a declaration stating the amount of such tax paid at recording.

b. Documents recorded concurrently in connection with a document subject to the imposition of a documentary transfer tax.

c. Documents representing a transfer of, or that are recorded in connection with a document representing a transfer of a residential dwelling to an owner-occupier (such as transfers of the primary residence to or from a revocable trust).

d. Documents that are not related to real property.

In Marin County, the Recorder will now charge an additional $10 at the time of recording most documents that are not otherwise subject to a documentary transfer tax to fund programs to enhance the capacity of local police and prosecutors to deter, investigate, and prosecute real estate fraud crimes. (Cal. Govt. Code § 27388; Marin County Board of Supervisors Resolution 2017-102.). As with the $75 fee, even if an exemption applies, if the party recording the document fails to submit a declaration of the exemption on a cover page or on the face of the document, the fee will be applied.

Documents exempt from the $10 fee include:
a. Documents that are subject to a documentary transfer tax pursuant to Section 11911 of the Revenue and Taxation Code.

b. Documents that are recorded concurrently with a document that is subject to a documentary transfer tax.

c. Documents that are presented for recording within the same business day as and are related to the recording of a document that is subject to a documentary transfer tax.

4. Landlord Notice of Bed Bug Life Cycle and Reproductive Habits

As of July 1, 2017, residential landlords were required to provide prospective tenants with a written notice providing information on bed bug identification, behavior and biology, the importance of cooperation for prevention and treatment, and the importance of and procedure for prompt written reporting of suspected infestations to the landlord.

The law provides detailed information about bed bugs which must be included in the notice. Here are some highlights: An average bed bug lives for about 10 months. Female bed bugs lay one to five eggs per day. Bed bugs grow to full adulthood in about 21 days. Bed bugs can survive for months without feeding.

Although this is technically not a new law, Civil Code section 1954.603 provides that by January 1, 2018, landlords must have provided this notice to their existing tenants.

Does anyone else feel like they need a shower?