Existing law governs the hiring of residential dwelling units. Existing law, the Tenant Protection Act of 2019, prohibits, until January 1, 2030, an owner of residential real property from terminating the tenancy of certain tenants without just cause, either at-fault or no-fault of the tenant. The act, until January 1, 2030, also prohibits an owner of residential real property from increasing the gross rental rate for a dwelling or unit more than 5% plus the percentage change in the cost of living, as defined, or 10%, whichever is lower, of the lowest gross rental rate charged for the immediately preceding 12 months, subject to specified conditions. The act exempts certain types of residential real properties or residential circumstances from these provisions, including, among others, housing that has been issued a certificate of occupancy within the previous 15 years.
This bill would exclude housing built to replace a previous housing unit that was substantially damaged or destroyed by a disaster, as defined, and was issued a certificate of occupancy before that housing unit was substantially damaged or destroyed, from the above-described exemption from the just cause requirements and rental increase limits.
Existing law, the Costa-Hawkins Rental Housing Act, prescribes statewide limits on the application of local rent control with regard to certain properties. Existing law, among other things, authorizes an owner of residential real property to establish the initial and all subsequent rental rates for a dwelling or unit that meets specified criteria, including a dwelling or unit that has already been exempt from the residential rent control ordinance of a public entity on or before February 1, 1995, pursuant to a local exemption for newly constructed units.
This bill would require residential rent control to apply to a residential real property built to replace a previous residential real property on the same parcel if the previous residential real property was substantially damaged or destroyed by a disaster, as defined, and was subject to residential rent control at the time the residential real property was substantially damaged or destroyed.
Existing law, the Housing Crisis Act of 2019, among other things, prohibits an affected city or an affected county, as defined, from approving a housing development project that will require the demolition of one or more residential dwelling units or that will require the demolition of occupied or vacant protected units, as defined, or that is located on a site where protected units were demolished in the previous 5 years, unless specified conditions are met.
This bill would, for an area where a protected unit was substantially damaged or destroyed due to a disaster, as defined, prohibit an affected city or an affected county from approving a housing development project unless the project will create at least as many protected units as were substantially damaged or destroyed. By placing additional requirements on local agencies in approving a housing development project, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

Statutes affected:
SB 522: 1946.2 CIV, 1947.12 CIV, 66300.5 GOV
02/19/25 - Introduced: 1946.2 CIV, 1947.12 CIV, 66300.5 GOV