According to the California Budget & Policy Center, more than half of California renters face housing hardship. This, along with more housing statistics, prompted lawmakers to take action to ensure safe and quality living conditions for all residents. Assembly Bill 838 focuses on the enforcement response to complaints regarding state housing laws. Here are 4 key provisions of AB 838, its implications for tenants and landlords, and its potential impact on California’s housing landscape.
What is California's AB 838?
AB 838’s primary goal is to strengthen the enforcement of housing laws by establishing clearer guidelines and protocols for responding to tenant complaints. Many tenants, particularly those in vulnerable situations, often face significant barriers when it comes to reporting violations of their rights. So, by improving the enforcement mechanisms, AB 838 aims to create a more responsive and accountable system for addressing housing issues. In addition, AB 838 offers a proactive approach to preventing and abating substandard housing conditions.
Key Provisions of AB 838
- Mandatory Inspections: Submittal of a complaint by a tenant to the city or county triggers a mandatory inspection requirement for local inspectors.
- Prompt Investigations: AB 838 mandates timely investigations of reported complaints, as delays in addressing issues can lead to worsening living conditions for tenants. By ensuring that complaints are investigated promptly, the bill offers protection to tenants from ongoing harm and promotes landlord accountability.
- Increased Transparency: Local enforcement agencies must provide tenants and owners with information regarding the outcome of investigations and copies of citations, if any, that are issued.
- Other Affected Units: AB 838 also requires inspectors to provide information to tenants of other units that are potentially affected by the observed substandard conditions.
Implications for Tenants & Landlords
For tenants
AB 838’s requirements for prompt investigations, notifications to tenants and owners, and potentially affected tenants, mean that tenants can expect expedited inspections, information on the results of those inspections, and ideally, improved habitability conditions.
For property owners
AB 838’s mandatory inspections for potentially substandard housing conditions and increased notification for non-compliance are the biggest provision for landlords. It imposes greater accountability on multi-family landlords to ensure that they provide safe living conditions.
The Impact on California's Housing
As California continues to grapple with a housing crisis characterized by rising rents and inadequate supply, and consequently, a proliferation of substandard housing, the Legislature is looking for ways to address these issues,
AB 838 aims to improve the quality of multi-family housing, and thus, make more housing available to reduce the housing shortage, and eliminate an array of local and societal problems that are proven to result from substandard housing.
Civica Law’s attorneys have extensive experience drafting ordinances when new legislation like AB 838 requires a city or county to change their regulations. Contact them today to update your government codes and ordinances with the latest legislation changes.
