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Volkov Real Estate Lawyer Blog

Alameda County and Oakland City eviction moratoria survived the court challenge
BY: Alex Volkov | December 6, 2022 | Wrongful Eviction
Federal District Court, Judge Laurel Beeler, issued an order on November 22, 2022, denying a challenge to the eviction moratoria of the Alameda County and City of Oakland (cases Nos. 3:22-cv-01274 and 3:22-cv-02705). Links to those two ordinances are here and here. In my view, the order is wrong, insofar it is based on a finding that each moratorium is […]
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Tenant Relief Act of 2020 - Forms
BY: Alex Volkov | September 12, 2020 | Landlord-Tenant Law
The Tenant Relief Act of 2020 has passed into law, and its full text is available here. It is rather a lengthy document, because it amends and adds quite a few statutes. A myriad of articles is written on this new law, and I am only adding mine to cover two practical areas of the subject: […]
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Bay Area courts re-opening
BY: Alex Volkov | May 8, 2020 | Bay Area Legal System
This week, with the "Stage 2" lessening, finally came the tide of the courts reopening. [Update May 29] But not the federal bankruptcy courts - - just announced to remain close to public through September (link) Alameda court is now accepting almost all civil filings, makes hearing reservations, and offers hearings via phone and video remote […]
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Intermediate Length Occupancy Ordinance passed
BY: Alex Volkov | May 8, 2020 | Occupancy Ordinance
On May 5, 2020, the Board of Supervisors accepted in first reading the fifth version of the new "Intermediate Length Occupancy" regulation (link). The ordinance amends S.F. Planning Code "to create the Intermediate Length Occupancy residential use characteristic," and implements the consequent protections and enforcement in the Rent Ordinance This newly minted occupancy is defined as «a […]
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Compliance with the statewide rent control requirements
BY: Alex Volkov | April 29, 2020 | Housing Law, Housing Regulations, Landlord-Tenant Law, Rent Control
The set of statutes defining the California statewide rent- and eviction-control were enacted back in September 2019 (the AB 1482 bill).  For the most part, it is a set of prohibitions, regulating how the rent can be raised or the tenancy terminated, in effect since January 1, 2020.  But the statutes also require of the landlords to […]
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California joins Oregon in approving statewide rent control
BY: Alex Volkov | September 11, 2019 | Housing Law, Housing Regulations, Rent Control
This was expected to pass for a few months, and just happened now.  The bill is expected to be signed in to law in a matter of days. Even municipalities with already existing local rent- and eviction-control ordinances may see a significant impact, because the statewide law will incompass buildings previously excluded through the year of completion […]
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Statewide rent control is coming to California. Like now.
BY: Alex Volkov | May 30, 2019 | Housing Law, Housing Regulations, Rent Control
[2019-09-11 UPDATE] it has passed the Senate today. This is just in. The bill passed the Assembly and is expected to pass the Senate as well:https://www.mercurynews.com/2019/05/29/california-rent-cap-bill/amp/ Current version of the bill is here.Related to is Assembly bill on "just cause" eviction control is moving along as well, progress is reported here. All of the above is despite last Fall's […]
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Waste of time as sanctionable conduct
BY: Alex Volkov | May 29, 2019 | Court Efficiency and Conduct
In preparation to my second visit to London with our Bar's Litigation Section (called "A Legal Week In London," highly recommended), I was sharing my experiences from my first trip in 2015 with colleagues, and the discussion quickly centered on what differences I had then observed between how the courts operate there and here.  My […]
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Landlord's duty to update contact information - CC § 1962(c) interpreted by the court
BY: Alex Volkov | December 14, 2018 | Wrongful Eviction
In DLI Properties v. Hill, (Los Angeles App. Dep't Super. Ct., Sept. 17, 2018, No. BV 032016, 2018 WL 6192245) the court addressed the recently added sub-division (c) to Civil Code Section 1962, which provides that the landlord is barred from evicting a tenant for non-payment of rent during the period such landlord failed to inform […]
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Book update - ver. 2.8
BY: Alex Volkov | October 9, 2018 | Book Update
I had a chance to update the book to include latest changes across the topics (and as usual, weeding out any typos I could find). There is also a brand-new chapter added - eviction notices under 37.9(a)(9), for the sale following a condo-conversion. The links to both the paper and e-book versions remain the same, […]
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