END OF SESSION - OPPOSE AB 246 AND AB 628
AB 246 and AB 628 are two very problematic bills for the housing industry. Both require that the owners of rental properties assume the costs for things that are either out of their control, or have traditionally been handled by tenants. In the case of AB 246 it allows tenants to stop paying rent if Social Security checks are paused or delayed, and in the case of AB 628 it requires property owners to provide, maintain, and repair stoves and refrigerators as a component of the property's habitability standards.
Below you will find the Floor Alert that AAOC sent out to our legislators in Sacramento about AB 246. Following our floor alert for AB 246 you will find our objections to AB 628. Should you have any questions, please feel free to contact AAOC's Advocacy department.
AB 246 FLOOR ALERT
FLOOR ALERT
AB 246, (Bryan) Punishing Property Owners for issues created by the SSA.
OPPOSE
AB 246 is pending on the THIRD READING FILE.
The Apartment Association of Orange County is OPPOSED to AB 246.
AB 246 would permit all residential tenants that receive social security benefits regardless of circumstance to assert as an affirmative defense in an unlawful detainer action for the nonpayment of rent due to the action or inaction of the federal government. Without question, the bill could delay if not stop residential rental payments. This bill punishes property owners for technological and administrative issues caused by the SSA.
Among the reasons to OPPOSE are as follows:
- AB 246 is only narrowly tailored to remedy one issue of social security benefits but does not address the other personal needs of social security beneficiary recipients including the costs of medical care, and food.
- If Social Security benefits are truly the root cause of the issue, then there should be back-up or emergency funds available to give tenants who prove financial need so they can continue to be housed, purchase food and seek medical care.
- It is unjust to make rental property owners bear the burden of an issue that is not caused by them and simply does not relate to them.
- It is the duty of government to find a just solution if there are social security benefit interruptions that works for tenants and property owners alike, not just shifting the burden from one party to the other.
We respectfully request that you OPPOSE AB 246.
AB 628 OPPOSITION REASONING
AB 628 is problematic for the housing industry for many reasons. Among them are:
- It requires property owners to provide stoves and refrigerators, and classifies the appliances - and their being in working order - as part of the habitability standard.
- It requires housing providers to repair or replace appliances that are recalled by the manufacturer within 30 days of being noticed of the recall
- AB 628 does not provide any relief for existing agreements - or for properties subject to rent control
- It will lead to higher rents and higher maintenance costs for property owners - that will naturally be passed on to residents in the form of higher rent and fees.
We respectfully encourage you to OPPOSE AB 628