Attorney General Bonta Alerts City Attorneys and County Counsel of New Habitability Requirements at Multi-Family Properties

OAKLAND - California Attorney General Rob Bonta today issued an information bulletin to city attorneys and county counsel, reminding them of new and important state law requirements regarding inspections of apartments and other multi-family properties. Authored by Assemblymember Tasha Boerner (D-Encinitas) and signed into law in 2023, Assembly Bill 548 (AB 548) requires local enforcement agencies to develop policies and procedures by January 1, 2025 to inspect all relevant portions of a building when a building inspection uncovers substandard conditions or violations of State Housing Law in one unit that have the potential to affect other units in the building, so that all violations may be corrected. City attorneys and county counsel play a critical role in advising building inspectors and local code enforcement in their work to protect tenants and property owners.

"The real-world implications of AB 548 are significant: unsafe housing conditions - like mold, pests, and lead hazards - will be more quickly and comprehensively addressed in apartments and other multi-family properties," said Attorney General Bonta. "I urge city attorneys and county counsel to ensure that these policies and procedures are implemented expeditiously, particularly in light of the state's ongoing affordable housing shortage. The displacement of families can be devastating, and faithful implementation of AB 548 will keep people in their homes by incentivizing proactive maintenance."

"Healthy and affordable housing conditions for renters are essential to solving our housing crisis and reducing the disproportionate exposure to unhealthy housing conditions in low-income communities and communities of color," said Assemblymember Tasha Boerner. "I want to thank the Attorney General for urging our local enforcement agencies to catch these problems, which often go unreported, before they become serious health hazards."

In today's information bulletin, Attorney General Bonta adds that:

• AB 548 builds on other recent state legislation regarding city and county responses to complaints of unsafe or substandard housing conditions. For example, since July 2022, state law has required local enforcement agencies to conduct inspections, including of the interior of units, in response to resident complaints, and to do so within the same timeframe as the local jurisdiction conducts final inspections of construction work necessitating permits.

• A tenant who must vacate a substandard unit is typically eligible for relocation benefits, unless the tenant "substantially contributed to" the conditions necessitating the order to vacate, or unless the conditions were caused by a natural disaster such as a fire, earthquake, or flood. Enforcement agencies are responsible for determining whether a tenant is eligible for relocation benefits, and for communicating that determination to the tenant and owner.

• Cities and counties are encouraged to consult with their jurisdiction's legal counsel to address any questions about these statutory requirements and about the implementation of policies and procedures consistent with them. For other information, or to discuss other tenant-protection matters of statewide concern, please contact [email protected].

A copy of the information bulletin is available here.