Friday, May 30, 2008

Smoking OK in Residential Units?

While smoking bans are common in the work place, restaurants, hotels, and leisure locations, currently there is not state law that bans smoking in residential units. Cities and counties in California are just beginning to enact bans on smoking. As residents become more aware of the risks associated with second-hand smoke, they also are becoming astute regarding their rights in order to protect their health.
Smoking is not a protected right under the U.S. or California State Constitution and there are rulings that set precedent in this regard. The safest approach is to adopt a uniform policy and to implement it during lease renewal and when signing new leases rather than to amend an existing lease. More information can be found at this link:
http://www.caanet.org/am/template.cfm?Section=caahome&template=/CM/HTMLDisplay.cfm&contentID=12618
-Ms. Merrie

Monday, May 12, 2008

Rent Increases and The Rent Board

Any increase in excess of the annual increase, plus available banked increases, requires a petition to the Rent Board. There are SIX types of increases that a landlord may file. They are as follows:
1. Capital improvement pass-throughs.
2. Operating and maintenance expense increases.
3. Special circumstances increases based on rent for comparable units.
4. Rent increases based on past rent history of a Prop I affected unit.
5. Utility pass-throughs.
6. Rules and Regulations Section 1.21 increases where there is not a tenant in occupancy.
If you are not sure HOW to go about doing this, I am always here for a consult.
As Always, Ms. Merrie