New Laws Affecting Rental Properties
Brief summaries of recent changes to Rent Board Regulations, and new state and local laws affecting rental properties.
Recent Rent Board Regulation changes
Regulation 1283 - Adopted to ensure continued landlord participation in Section 8 and Shelter Plus Care programs by allowing rent ceilings to increase up to the program-approved contract rent, where permitted by the administering agency and without increasing the tenant’s share of rent. Dated January 15, 2026
Regulation 1148 - 2026 Annual General Adjustment Order. Dated October 16, 2025.
Regulation 1312 - Amended changing “good cause” to “just cause” evictions, reflecting Ordinance amendments of 2024. Dated September 18, 2025
Regulation 1209 - Amended to allow Tenant Associations to file petitions on behalf of the entire building. Dated September 18, 2025
Regulation 412 - Adopted Regulation 412 Definition of Occupied Rental Unit. Dated September 18, 2025
Regulation 411 - Amended to clarify the definition of property management companies to include corporations. Dated September 18, 2025
Appendix C to Chapter 12 - US Department of Housing and Urban Development Lower Income Limits. Dated July 17, 2025
Appendix B to Chapter 12 - US Bureau of Labor Statistics CPI Information. Dated July 17, 2025
Recent state or local law changes
Measure BB: Berkeley Tenant Protection and Right to Organize Act
Effective December 20, 2024, Measure BB makes several amendments to the Rent Ordinance, including modifying certain grounds for eviction, removing rent control and registration exemptions for certain units, allowing tenant associations, and other changes. Please visit our Measure BB page for important information on all Measure BB changes to the Rent Ordinance.
AB 2347: Extension of Eviction Lawsuit Response Period
AB 2347, effective January 1, 2025, extends a tenant’s time to file an Answer to an eviction lawsuit from 5 court days to 10 court days (excluding weekends and court holidays). This bill also changes the timeline for courts to hear various motions in an eviction lawsuit.
AB 2493: Tenant Screening and Lease Fees
AB 2493, effective January 1, 2025, makes changes to California Civil Code section 1950.6, including:
- A landlord can no longer charge an applicant a screening fee when there is no actual available rental unit.
- A landlord cannot charge a prospective tenant a screening fee unless the landlord either: a) returns the screening fee to any applicant not selected for occupancy or b) has a screening fee policy under which they review applications in the order received, the first qualified applicant gets the unit, and do not charge screening fees to any applicant who the landlord does not consider.
- A landlord must provide a copy of any consumer credit report obtained when screening a tenant within 7 days of receipt.
- A landlord must accept a reusable screening report from an applicant.
- A landlord must provide a receipt for the fee paid and itemize the out-of-pocket expenses and time spent by the landlord.
AB 2801: Claims Against a Tenant’s Security Deposit
AB 2801 makes changes to California Civil Code 1950.5, including:
- For tenancies that begin on or after July 1, 2025, a landlord must photograph the unit immediately before or at the start of the tenancy.
- Starting April 1, 2025, a landlord must take photos of a unit within a reasonable time after regaining possession, but before any repairs or cleaning for which the landlord intends to make a deduction from the security deposit. These photos and a written explanation of the cost of the repairs/cleanings must be given to the tenant with the itemized security deposit disposition statement.
Increased Ellis/OMI Payments
Effective January 1, 2026, the standard relocation assistance payment to tenants for Ellis Act and Owner Move-in (OMI) evictions is increased to $19,413, and the additional payment for low-income, disabled, elderly, families with minor children, or tenancies that began prior to 1999 is increased to $6,471.
AB 12: Security Deposits
Under AB 12, effective July 1, 2024, landlords can only charge security deposits up to one month's rent for unfurnished and furnished units. Landlords who only own two rental properties with no more than four units total can charge up to two month's rent for the security deposit, unless the tenant is in the military. This exception applies when ownership is held by natural persons, a family trust, or LLCs where all the members are natural persons.
AB 246: No Eviction When Social Security Benefits Interrupted
AB 246 protects tenants from eviction for nonpayment of rent due to interruptions with Social Security benefits caused by the federal government.
AB 628: Stoves and Refrigerators as Habitability Requirements
For new or renewed leases starting in 2026, AB 628 requires rental units to include a working stove and refrigerator to be considered habitable.
AB 414: Electronic Refund of Security Deposits
AB 414 provides more flexibility for landlords and tenants to agree on refunding security deposits electronically and providing itemizations of any security deposit deductions by email after the tenant moves out.
