THE LEASE IS UP ON RENTAL RESTRICTIONS
By : Tyler Kerns , Esq .
Assembly Bill ( AB ) 3182 was signed by Governor Newsom on September 28 , 2020 and will become law effective January 1 , 2021 . This law will significantly affect the ability of associations to adopt or enforce certain rental restrictions . A new addition , Section 4741 , will be added to the California Civil Code which will prohibit associations from adopting or enforcing any governing document provision that “ prohibits , has the effect of prohibiting , or unreasonably restricts the rental or leasing of any of the separate interests , accessory dwelling units , or junior accessory dwelling units in that common interest development to a renter , lessee , or tenant .”
In some instances , courts may ultimately have to decide whether a particular governing document provision “ unreasonably restricts ” rentals , but Civil Code Section 4741 sets specific parameters for two types of
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