By JOHN HARLOW | Editor-in-Chief
Governer Jerry Brown keeps himself busy, defending the planet, building a wall around California and signing dozens of new laws that are now starting to come into effect.
Part of the commission fee you pay a Realtor is so they can keep up with the constant torrent of new regulations so that you don’t have to.
But again, information is power, and thanks to a new booklet from Bay Area attorney Peter N. Brewer, you too can keep up with the legal twists of the property market.
Some of the laws appear very Californian, while others are resolving old issues that have haunted the property market for years. And next year it will all shift again.
So, 2017 property laws, here we go:
AB 551
Bugs. This law creates a duty for landlords to treat and control bed bugs, with Los Angeles number two on Orkin’s list of most infested cities in the United States.
Until now there was confusion about who was responsible for the bugs, but from July 1, all new tenants must receive written notice containing information about the pests and how they will be eradicated. Another law, AB 1750, also encourages landlords to distribute more general environmental hazards booklet.
AB 73
Anti-discrimination. An affirmative law that says sellers and agents are not required to disclose that a previous occupant was living with HIV or died from AIDS-related complications.
AB 685
Death of a salesman. Licensed agents are now recognized as gender-neutral “salespersons.”
AB 1645
Insurance. Mortgage Guaranty Insurance is a type of insurance for estate investors and lenders protecting them against defaulters. Until now, coverage was capped at 30 percent of the debt. That cap has now been removed, although it also means premiums may also have to rise.
AB 1650
Identify. Agents must now disclose their license number on “for sale” signs.
AB 1793
Contractors. They can now claim a “good faith” defense for an expired license in a court action. That is, if the work went bad at the same time as the license the contractor can show that he or she tried to renew their license before they ended up in court.
AB 2093
Disability. Commercial property owners must provide extra information about accessibility, such as whether the site has been inspected by a Certified Access Specialist. All this information should be provided to a potential tenant as part of a rental agreement.
AB 2406
Granny flats. This law reduces the planning process over “junior accessory dwelling units” that are under 500 square feet and are contained within a single-family structure. It’s a response to the shortage of affordable living space, although critics warn some homes will turn into unsafe rabbit warrens.
AB 2476
Tax surprise. Authorities who impose a “special” tax on a parcel must inform not only the people living there in good time, but also non-resident property owners too.
AB 2693
Solar costs. California had been underwriting a Property Assessed Clean Energy program since 2008, helping people pay for green improvements. This law tightens up requirements for homeowners while also clarifying their share of the costs.
More laws in next month’s issue.
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