COMMENTARY ON THE LATEST LEGAL DEVELOPMENTS IMPACTING
BAY AREA REAL ESTATE
We are deeply saddened by the losses in the recent infernos. This tragedy brings to focus the obligations of rental housing providers when disaster strikes. Landlords have responsibilities in every time and season, but have a heightened sense of duty when tenants find themselves on the wrong side of Mother Nature.
After hoarding was classified as a mental illness, landlords and property managers can easily teeter on the lines of a fair housing violation if they don’t handle the problem of tenant hoarders correctly. More...
We've maintained that the legalization of marijuana won’t go without checks, and case in point: The Board of Supervisors voted 9-2 on Tuesday for a 45-day moratorium on new cannabis dispensaries in the city. They seem to be taking a deliberate and cautious approach to explore how to better regulate this budding industry. More...
The state’s density-bonus law incentivizes developers to include affordable housing in their projects. As a benefit to providing affordable units, developers get to build more market-rate units, in essence penciling out their project expenditures. Stifling these incentives would only stand to slow new housing construction to a crawl. Ironically, if the bill was enacted, it would eliminate the very incentives that density bonuses were intended to create. More...
Rental unit owners and property managers need to know that service and comfort animals are not considered a pet and you may be exposing yourself to a discrimination suit if you deny tenancy on the basis of a no pet policy. We break down the relevant law here.
Although voters paved the way for legalized marijuana with Proposition 64, landlords can prohibit the use and cultivation of marijuana in their rental units, just like they can ban smoking. The buck stops with the property owner, and it's time to review your leases to make State Law irrelevant.
The actor, film director and activist is cast into a new role - instilling a culture of diversity within the host community.
The City is taking action against a "dungeon landlord", but the shocking, unlivable conditions in this case expose larger habitability issues facing Bay Area rental property owners.
In an acrimonious climate where increasingly, tenants and property owners are pitted against each other, tenant advocates should open their minds to the fact that the overwhelming majority of landlords are responsible stewards of the community. Both sides, in fact, need to deescalate and come together to find solutions to the problem we all find ourselves in.
Bornstein Law always keeps a pulse on the ever-growing legislative measures that stand to impact Bay Area property owners and this is our latest account.
Silicon Valley is being urged to do more to adequately house its burgeoning workforce and alleviate pressure on the housing shortage, and Facebook's figurehead was singled out in a recent article. Get our take.
We are concerned about the posture taken by the Oakland Rent Board in a recent case. The Board denied a rent increase petition on the grounds that the increased rent would not constitute a "fair return" on the landlord's investment and, since the date of this writing, the decision has been affirmed on appeal. Get more backdrop on the seminal case of Durham-Hammer et al v. Tenants.
Airbnb Litigation In Focus
Get insights from the legal team that are pioneers in Airbnb and other short term rental lease agreements.
The Silicon Valley Leadership Group reached out to real estate agents in the Bay Area to give them a state of the region and elicited their help in solving the underlying housing issues
Military personnel can end their lease, with some caveats. When duty calls, you should be gracious in letting our heroes bow out of the rental agreement to serve a higher cause. But this raises more commonplace occurrences of "runaway tenants" that leave not so honorably.
Do's And Don'ts When Selecting Tenants
A law went into effect not long ago which essentially hides a tenant's eviction history from public view in many cases, leaving landlords in the blind. This makes it more important than ever for landlords and property managers to do their due diligence in selecting the right tenants.
If you do not have a uniform policy consistent with the law, you are exposing yourself to a potential lawsuit.
Habitability Issues Affecting Landlords And Tenants
Like everyone else, the Oakland real estate attorneys at Bornstein Law were deeply saddened by Oakland’s deadliest fire on December 2, 2016, and clearly, this brings up a whole range of issues for landlords in the bay area.The tragedy has led to calls for inspection teams to take a more proactive approach by finding potential disasters before they happen. This is scary stuff, folks, but with proper counsel, habitability issues can be avoided and resolved, rectified and liabilities reduced.
These type of posts tend to have a short shelf life and while we have no way of predicting the month-to-month fluctuations in the rent prices, we can provide some perspective into the market forces at play, and it's an interesting study to see how they shape out in the real world.
With the housing crisis upon us, it comes as no surprise that commercial tenants are being inventive by improperly using commercial space for residential use, exposing landlords and property managers to much legal risk.. Daniel Bornstein addresses this trend and emphasizes that you have recourse to correct the problem
Although Bornstein Law has had an imprint in thousands of cases related to housing, there is no issue more heart wrenching and perplexing than not having any. Despite the well-intentioned efforts of many individuals and groups, the homeless population has not ebbed. Like everyone else, we are scratching our heads and welcome the debate on how to solve this vexing problem.
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