Educate, don’t over-regulate

The Tenant Protection Act limits rent increases to 5% plus the rate of inflation and requires a housing provider have a specified reason to evict renters. Under this law, rental housing providers must make relocation payments to renters if they must vacate the unit at no fault of their own, such as an owner moving into their own unit or to substantially improve the home. 

Less than 75 days after the new law took effect, we were confronted with the COVID-19 pandemic. With it came unprecedented measures from state and local governments that lasted at least two years. These included limits on rent increases, mandated rent deferrals and a ban on nearly all evictions, including not evicting renters who elected to not pay rent.   

As the pandemic ended, so too did those emergency measures. That meant it was time for the Tenant Protection Act to be implemented without the overlapping pandemic restrictions. It’s been less than a year since the last of the emergency regulations ended, but this past week the Board of Supervisors considered its own version of the Tenant Protection Act that relied heavily on borrowing flawed polices from over-regulated cities like San Francisco and Los Angeles.

As the California Apartment Association and a coalition of local stakeholders questioned the need to adopt this new law, it became clear that many renters lacked awareness of the various laws that exist to protect them.

Renters expressed fear of harassment and retaliation by their landlord if they raised issues about repairs and maintenance. Some claimed they were terrified they might be evicted or have their rent increased for reporting these requests.

Renters would benefit from knowing that California Civil Code 1942.5 makes it illegal to retaliate against renters who exercise their rights, including their right to raise concerns and file complaints about habitability issues.

To protect our immigrant communities, California Civil Code 1940.35 prohibits a housing provider from disclosing information about the immigration or citizenship status of the renter or the renter’s guests for the purpose of harassing, intimidating, or retaliating against a renter.  

There is no excuse for a housing provider violating any of these laws. That’s why CAA works hard to educate housing providers on their roles and responsibilities. And, CAA strongly believes that renters need to know their rights and the resources available to assist them.

But we can’t do it alone.

Supervisor David Canepa had the right idea. Rather than spend hours reinventing the rules, the county has a unique opportunity to be a leader in educating renters and housing providers about the laws that already exist and their rights and responsibilities under the Tenant Protection Act.  

If people don’t know these robust laws exist, then what will adding 28 pages of new rules accomplish? New layers of complex regulations do not help people know their rights better. It only makes things more confusing.

A comprehensive education and outreach program on state law and renters’ various protections will yield positive results. Housing providers will be positioned to better comply with the rules. Renters will know they’re safe from harassment and have recourse should their rights be violated.

Supervisors Noelia Corzo and Warren Slocum, co-authors of the proposal, shared that the ordinance had been in development for 11 months. Imagine what 11 months of education and targeted outreach would have yielded. These 11 months would have been better used educating the community on statewide renter protections. Instead, nearly a year was spent drafting new regulations that supervisors Ray Mueller and Dave Pine correctly identified as an open door for litigation, disputes, red tape, confusion and expense.

We can’t turn back time, but we can focus on the future, and that should be prioritizing county resources on education and outreach on AB 1482 California’s Tenant Protection Act — the strongest statewide renter protection law in the United States.

Rhovy Lyn Antonio is senior vice president of Public Affairs for the California Apartment Association, the nonprofit trade association that provides education, resources and advocacy.  She is active in the community as a member of the San Mateo County Home for All Steering Committee, San Mateo Area Chamber of Commerce Board of Directors, and Burlingame’s Housing Opportunity, Priorities, and Education Committee.