This legislative session’s new laws cover a
wide range of topics of
interest, including disclosure requirements, licensing matters, adjoining
owners, affiliated real estate services, landlord-tenant, subdivisions, land
use, employment, and many more. Some of the significant new laws you might
be interested as home owner or landlord are as follows:
TDS Revised to Include Construction Defect Litigation
Effective July 1, 2014, the Real Estate Transfer Disclosure Statement (TDS)
has been revised to require disclosure of the seller’s knowledge of certain
construction defect claims for newly constructed homes under a law commonly
referred to as SB 800. As amended, the TDS will inquire, in question 16 of
Section 11C, as to whether a seller is aware of any claims or lawsuits
involving construction defects threatening to or affecting the real property
, including any pre-litigation claims of a construction defect, claims of
breach of warranty, or claims for breach of an enhanced protection agreement
under SB 800. Senate Bill 652.
interest, including disclosure requirements, licensing matters, adjoining
owners, affiliated real estate services, landlord-tenant, subdivisions, land
use, employment, and many more. Some of the significant new laws you might
be interested as home owner or landlord are as follows:
TDS Revised to Include Construction Defect Litigation
Effective July 1, 2014, the Real Estate Transfer Disclosure Statement (TDS)
has been revised to require disclosure of the seller’s knowledge of certain
construction defect claims for newly constructed homes under a law commonly
referred to as SB 800. As amended, the TDS will inquire, in question 16 of
Section 11C, as to whether a seller is aware of any claims or lawsuits
involving construction defects threatening to or affecting the real property
, including any pre-litigation claims of a construction defect, claims of
breach of warranty, or claims for breach of an enhanced protection agreement
under SB 800. Senate Bill 652.
我的小结：卖房之前，卖方提供的Transfer Disclosure
Statement必须要包括他知道的construction defects。
FTB Information Return for Out-of-State Acquisition in 1031 Exchange
For any 1031 exchange that occurs on or after January 1, 2014, a taxpayer
acquiring a “like-kind” property located outside of California must file
an information return with the Franchise Tax Board (FTB) for that taxable
year and every year thereafter in which the gain or loss from the exchange
has not been recognized. If a taxpayer fails to file such information return
and tax returns, the FTB may propose to assess the amount of tax, interest,
and penalties due by estimating net income from any available information,
including the amount of gain. Assembly Bill 92.
FTB Information Return for Out-of-State Acquisition in 1031 Exchange
For any 1031 exchange that occurs on or after January 1, 2014, a taxpayer
acquiring a “like-kind” property located outside of California must file
an information return with the Franchise Tax Board (FTB) for that taxable
year and every year thereafter in which the gain or loss from the exchange
has not been recognized. If a taxpayer fails to file such information return
and tax returns, the FTB may propose to assess the amount of tax, interest,
and penalties due by estimating net income from any available information,
including the amount of gain. Assembly Bill 92.
我的小结：用1031推迟交税的，如果是在外州买的类似房产，以后每年要交报告。
Adjoining Owners Equally Responsible for Shared Fences and Boundaries
Commencing January 1, 2014, adjoining landowners must share equally the
responsibility for maintaining boundaries and monuments between them.
Adjoining landowners are presumed to share an equal benefit from any fence
dividing their properties, as well as equal costs for construction or
maintenance, unless otherwise agreed in writing. This new law also provides
specific procedural requirements for an owner who intends to incur costs for
a division fence to notify the adjoining owner of the estimated costs and
other information. Existing law enacted in 1872 which requires a homeowner
who fully encloses a property to refund a neighbor a just proportion of the
value of a division fence has been repealed. Assembly Bill 1404.
Adjoining Owners Equally Responsible for Shared Fences and Boundaries
Commencing January 1, 2014, adjoining landowners must share equally the
responsibility for maintaining boundaries and monuments between them.
Adjoining landowners are presumed to share an equal benefit from any fence
dividing their properties, as well as equal costs for construction or
maintenance, unless otherwise agreed in writing. This new law also provides
specific procedural requirements for an owner who intends to incur costs for
a division fence to notify the adjoining owner of the estimated costs and
other information. Existing law enacted in 1872 which requires a homeowner
who fully encloses a property to refund a neighbor a just proportion of the
value of a division fence has been repealed. Assembly Bill 1404.
我的小结：邻居们要平摊边界上篱笆的费用。
Smoke Detectors Specifications Changed
Starting on July 1, 2014, the State Fire Marshall will not approve a battery
-operated smoke alarm unless it contains a non-replaceable, non-removable
battery capable of powering the smoke alarm for at least 10 years. This rule
was originally slated to take effect on January 1, 2014. Until July 1, 2015
, an exception to this rule applies to smoke alarms ordered by, or in the
inventory of, an owner, managing agent, contractor, wholesaler, or retailer
on or before July 1, 2014. Furthermore, starting January 1, 2015, the State
Fire Marshal will not approve a smoke alarm unless it does all of the
following: (1) displays the date of manufacture on the device; (2) provides
a place on the device to insert the date of installation; and (3)
incorporate a hush feature. A previous requirement for the smoke alarm to
incorporate an end-of-life feature that provides notice that the device
needs to be replaced has been eliminated. The requirements taking effect on
January 1, 2015 was originally slated to take effect on January 1, 2014. The
State Fire Marshal has the authority to create exceptions to these
requirements. Senate Bill 745.
Smoke Detectors Specifications Changed
Starting on July 1, 2014, the State Fire Marshall will not approve a battery
-operated smoke alarm unless it contains a non-replaceable, non-removable
battery capable of powering the smoke alarm for at least 10 years. This rule
was originally slated to take effect on January 1, 2014. Until July 1, 2015
, an exception to this rule applies to smoke alarms ordered by, or in the
inventory of, an owner, managing agent, contractor, wholesaler, or retailer
on or before July 1, 2014. Furthermore, starting January 1, 2015, the State
Fire Marshal will not approve a smoke alarm unless it does all of the
following: (1) displays the date of manufacture on the device; (2) provides
a place on the device to insert the date of installation; and (3)
incorporate a hush feature. A previous requirement for the smoke alarm to
incorporate an end-of-life feature that provides notice that the device
needs to be replaced has been eliminated. The requirements taking effect on
January 1, 2015 was originally slated to take effect on January 1, 2014. The
State Fire Marshal has the authority to create exceptions to these
requirements. Senate Bill 745.
我的小结：State Fire Marshal对smoke alarm的要求提高了，不再批准一般带电池的smoke alarm。
Landlord Required to Provide Specific Utility Rate Schedules
Starting January 1, 2014, a master-meter customer of an apartment building,
mobile home park, or similar residential complex, must post in a conspicuous
place the applicable specific current residential gas or electrical rate
schedule as published by the serving utility, rather than the prevailing
residential utilities rate schedule as previously required. Alternatively,
the landlord as a master-meter customer may elect to post a website address
for a tenant to access the schedule as long as the landlord also does the
following: (1) state in the posting that an individual user may request a
copy of the specific current residential gas or electrical rate schedule
from the master-meter customer; and (2) provide the schedule upon request at
no cost. Senate Bill 196.
Landlord Required to Provide Specific Utility Rate Schedules
Starting January 1, 2014, a master-meter customer of an apartment building,
mobile home park, or similar residential complex, must post in a conspicuous
place the applicable specific current residential gas or electrical rate
schedule as published by the serving utility, rather than the prevailing
residential utilities rate schedule as previously required. Alternatively,
the landlord as a master-meter customer may elect to post a website address
for a tenant to access the schedule as long as the landlord also does the
following: (1) state in the posting that an individual user may request a
copy of the specific current residential gas or electrical rate schedule
from the master-meter customer; and (2) provide the schedule upon request at
no cost. Senate Bill 196.
我的小结：用总表（几家合用一个电/气表）的房东必须在显眼的地方向房客们提供specific current residential utilities rate schedule。
Protection of Victims of Human Trafficking as Tenants
Beginning January 1, 2014, a residential tenant can terminate a tenancy
within 30 days by notifying the landlord that the tenant was a victim of
human trafficking as defined. The tenant’s notice to terminate tenancy must
generally include a copy of a police report or court order regarding the
tenant or tenant’s household member. From January 1, 2014 to January 2016,
however, a tenant may simply provide documentation from a qualified third
party professional indicating that the tenant or household member is seeking
assistance for physical or mental injuries resulting from the offense. This
law also prohibits a landlord from terminating a tenancy, or failing to
renew a tenancy, based on acts of human trafficking if documented by a
police report or protective court order and the wrongdoer is not a tenant of
the same dwelling unit. The landlord, however, may terminate the tenancy if
, after invoking protection under this law, the tenant allows the wrongdoer
named in the police report or protective order to visit the property, or the
landlord reasonably believes that the wrongdoer poses a physical threat to
other tenants or to the tenant’s right to quiet possession. Existing law
already protects a tenant if the tenant or tenant’s household member is a
victim of domestic violence, sexual assault, or elder or dependent adult
abuse. Senate Bill 612.
Protection of Victims of Human Trafficking as Tenants
Beginning January 1, 2014, a residential tenant can terminate a tenancy
within 30 days by notifying the landlord that the tenant was a victim of
human trafficking as defined. The tenant’s notice to terminate tenancy must
generally include a copy of a police report or court order regarding the
tenant or tenant’s household member. From January 1, 2014 to January 2016,
however, a tenant may simply provide documentation from a qualified third
party professional indicating that the tenant or household member is seeking
assistance for physical or mental injuries resulting from the offense. This
law also prohibits a landlord from terminating a tenancy, or failing to
renew a tenancy, based on acts of human trafficking if documented by a
police report or protective court order and the wrongdoer is not a tenant of
the same dwelling unit. The landlord, however, may terminate the tenancy if
, after invoking protection under this law, the tenant allows the wrongdoer
named in the police report or protective order to visit the property, or the
landlord reasonably believes that the wrongdoer poses a physical threat to
other tenants or to the tenant’s right to quiet possession. Existing law
already protects a tenant if the tenant or tenant’s household member is a
victim of domestic violence, sexual assault, or elder or dependent adult
abuse. Senate Bill 612.
我的小结：如果房客是Victims of Human Trafficking，他可以在30天内终止租房合同。而房东在某些情况下不能终止合同。
Minimum Wage Increased to $10 Per Hour
Minimum wage in California has been increased from $8 per hour to $10 per
hour. A one-dollar increment from $8 per hour to $9 per hour will come into
effect on July 1, 2014, and another one-dollar increment from $9 per hour to
$10 per hour will come into effect on January 1, 2016. The minimum wage has
been $8 per hour since January 1, 2008. Assembly Bill 10.
Minimum Wage Increased to $10 Per Hour
Minimum wage in California has been increased from $8 per hour to $10 per
hour. A one-dollar increment from $8 per hour to $9 per hour will come into
effect on July 1, 2014, and another one-dollar increment from $9 per hour to
$10 per hour will come into effect on January 1, 2016. The minimum wage has
been $8 per hour since January 1, 2008. Assembly Bill 10.
我的小结：现在最低工资涨到$9一小时，2016会涨到$10。
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