California Assembly Bill AB838

California 2021-2022 Regular Session

• Introduced: 2/17/21
• Refer: 2/25/21
• Report Pass: 4/5/21
• Refer: 4/6/21
• Report Pass: 4/19/21
• Refer: 4/19/21
• Report Pass: 4/28/21
• Engrossed: 5/10/21
• Refer: 5/11/21
• Refer: 5/19/21
• Report Pass: 6/23/21
• Refer: 6/23/21
• Report Pass: 7/1/21
• Refer: 7/1/21
• Refer: 7/7/21
• Report Pass: 7/12/21
• Refer: 7/13/21
• Refer: 8/16/21
• Report Pass: 8/26/21
• Enrolled: 9/2/21
• Chaptered: 9/28/21
• Passed: 9/28/21

Caption

State Housing Law: enforcement response to complaints.

Impact

The introduction of AB 838 is significant in that it imposes new responsibilities on local government entities to inspect buildings and notify owners of any violations. Cities and counties are required to conduct inspections just as promptly as they do for final inspections per existing building codes. This shift emphasizes heightened accountability for local regulators and ensures that tenants receive timely responses to their complaints, enhancing the enforcement of housing standards across the state.

Summary

Assembly Bill 838, introduced by Friedman, seeks to enhance the enforcement response to complaints regarding substandard housing conditions in California. The bill mandates that starting July 1, 2022, cities and counties must inspect buildings upon receiving complaints from tenants or their agents about potential violations of the State Housing Law or conditions deemed hazardous due to lead exposure. The initiative aims to ensure that tenants can report unsafe living environments without obstruction from property owners or local governments, thereby prioritizing public health and safety.

Sentiment

The sentiment around AB 838 appears to be largely positive among tenant advocacy groups who welcome the bill as a necessary step toward improved tenant protections and an enhanced focus on tenant rights. However, concerns have been raised by property owners regarding the potential for increased scrutiny and regulatory burdens on their operations and financial responsibilities. This division reflects the ongoing discussions regarding housing standards and tenant protections in California.

Contention

Notably, the bill prohibits cities and counties from imposing unreasonable conditions on tenants when filing complaints, such as requiring tenants to be current on rent or limiting complaints based on previous submissions deemed frivolous. This raises discussions about the balance between protecting tenants and respecting landlords' rights. Furthermore, while it mandates inspections, it clarifies that local agencies may impose fees for non-compliance only if there are substantial violations, which adds a layer of financial implications for property owners. The lack of reimbursement requirements for the costs incurred by local agencies is also a point of contention in discussions about funding these mandated inspections.