Department of Real Estate Restoration Bill Moves Forward
The effort to reestablish the Department of Real Estate moved forward last week as C.A.R.-sponsored SB 173 (Dodd) has passed the legislature.
In 2012, the Brown Administration made changes to the state's organizational structure in an effort to streamline government practices. These changes included moving the Department of Real Estate to the Business, Consumer Services, and Housing Agency (BCSH) to function under the Department of Consumer Affairs as a Bureau. SB 173 would return CalBRE to its standing as the Department of Real Estate within BCSH.
Despite the Administration's intention to save the state money and improve operational efficiencies; under the Department of Consumer Affairs, the cost to operate the CalBRE has increased. $3.5 million of CalBRE's budget is diverted through a "pro-rata assessment" (administrative overhead) to the Department of Consumer Affairs. It is estimated that by returning BRE to its former status as a department, the Bureau would save about $3.5 million, all collected through fees paid by licensees. This "pro-rata assessment" is essentially a subsidy of licensees' fees to the DCA. SB 173 passed the legislature with unanimous floor votes in both houses and has been sent to the Governor for signature.
HOA Disclosures – CAR Sponsored Law
This new law holds down the costs that an HOA may charge a seller for the HOA documents by requiring a clear statement on the billing form (C.A.R. Form HOA2) that the seller is not required to purchase all of the listed documents, but may provide the buyer, at no cost, current copies of any of the disclosures that the seller already has in their possession. Moreover, the annual budget report must individually identify the cost of each separate disclosure document on the billing form thereby giving advance notice of and transparency to these fees.
HOA managers must disclose to the HOA whether they receive a referral fee or other benefit from a third party who provides disclosure documents, and must provide a written acknowledgement that the disclosure documents are the property of the association and not those of the manager or the manager's firm. Effective January 1, 2017.
Rent Review Ordinance - Effective 10/2/17
On June 27, 2017, the City Council of Union City approved an ordinance that adds Chapter 5.55 "Rent Review" to the City's municipal code. The ordinance regulates most residential rental units in Union City and provides a mediation process for qualifying rent increases. Renters will have the right to request non-binding mediation when:
- A renter receives a rent increases over 7%; OR
- A renter receives two or more rent increases in a 12 month period and the total of all rent increases exceeds 7% in the 12 month period
Landlord participation in the mediation process is mandatory; however, all recommendations are non-binding. Landlords are required to notify tenants of their rights when issuing a rent increase on or after October 2, 2017.
The full ordinance and additional information can be found at the following link:
Rent Review Informational Meetings
The City will be holding two informational meetings on the Rent Review Ordinance that are open to the public. Both meetings will cover the same information.
Wednesday, October 18, 2017
7:00 to 8:00 PM
Thursday, November 16, 2017
10:30 to 11:30 AM
New Rental Property Fees
On September 12th, the City Council adopted two new residential rental property fees. The fees will be used to cover the City's cost to administer the recently adopted Rent Review and Eviction Protection Ordinances.
Effective November 1, 2017, all property owners with rental units in Union City that are subject to the Eviction Protection Ordinance and/or the Rent Review Ordinance must pay the annual fees listed below. The fees are due at the time a property owner applies for a new residential rental business license or renews an existing business license.
- Rent Review Ordinance Fee - $21.50 per rental unit
- Eviction Protection Ordinance Fee - $10 per rental unit
For questions regarding the business license application/renewal process, please contact the City's Revenue Division.
City of Union City - Housing & Community Development Division
Alin Lancaster, Housing & Community Development Coordinator
Phone: (510) 675-5322
City of Union City - Revenue Division
Phone: (510) 675-5312
Fax: (510) 489-5074
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