IN THIS EDITION:
  • Message from Daniel Bornstein.

  • Senate Bill 1079 aims to level the playing field when foreclosed homes go on the auction block. We take a hard look at the bill in our latest article,

  • The Judicial Council has instituted standardized forms for courts to use when courts reopen for unlawful detainer actions. We cover them here. 

  • Under the banner of fair housing, there is a proposal being bounced around that would require landlords to accept unqualified rental applicants if the applicant has a guarantor willing to cover rent if the tenant defaults. Discussed in our recent blog. 


  • A landlord advocacy group posed a series of questions about small claims court and recouping COVID-related rent debt. We answered them here.

From the desk of Daniel Bornstein
We hope that this scribe finds you in the best of health and spirits. 
 
During these most bizarre of times, we have a sound understanding of the law, but there is much that we do not know. Nor does anyone else have a crystal ball. 
 
Many question marks are lingering, as state law, local ordinances, and improvisational rules have yet to be tried and tested.

There is not a convenient law book to flip through to get answers. Instead, we have to lean on our 25+ years of experience in managing landlord-tenant relationships.
 
Bornstein Law appreciates the trust you have placed in us in protecting your interests and we remain optimistic that our community will power through the many challenges before us.

Savvy investors need not set the bar as low as recouping rent deferred during the pandemic. In adversity, there is opportunity, and we look forward to helping your business emerge from the pandemic even stronger.
A closer look at Senate Bill 1079, a law that levels the playing field for non-corporate buyers when foreclosed homes go on the auction block.

Looking to avoid a repeat of history, lawmakers tell Wall Street landlords that California homes are not theirs to gobble up. SB 1079 was enacted to keep properties in the hands of the community and not well-heeled speculators who have been continually vilified. Yet these are different times than the foreclosure crisis of 2007-2008. 
Nonpayment of rent filings resume with new guidance from the Judicial Council

After the policy making arm of the California judiciary was given ample time to digest new state law and how the courts can implement it, there are several new forms to use in an unlawful detainer action and we touch on them here. 

We have said in many venues that under fair housing laws, the definition of “protected class” is constantly being expanded, and that California defines housing discrimination much more broadly than federal law. Under a proposal being floated, landlords would not be able to deny a tenancy to applicants without the means to pay rent if there is a guarantor that will cover the defaulted payments. 

Daniel Bornstein joins a knowledgeable panel of architectural, building inspection, and real estate experts to discuss everything ADUs. Daniel’s focus will be on the legal ramifications of constructing an in-law unit and legalizing illegal units that have remained in the shadows, with an emphasis on rent and/or eviction controls that apply to owners of these structures. 

A landlord advocacy group reached out to us with a series of questions about small claims court and we took them on.
Decision day is fast approaching

Our friends at the Berkeley Property Owners Association have vetted the candidates and studied the ballot initiatives headed to the November ballot, through the lens of rental property owners. The jury is out - see their picks. 
Follow us to stay abreast of the latest happenings and insights for landlords, property managers, and real estate professionals.