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The California Tenant Protection Act, which took efect on January 1, 2020, limits how much your landlord may increase your rent over any 12-month period. Rent increases are capped at “5% plus the percentage change in the cost of living,” with a maximum annual rent increase of 10%.
Sep 20, 2021 · What the new laws will do. S.B. 9 allows duplexes to be built in most neighborhoods across the state, including places where apartments have long been banned. S.B. 10 reduces environmental rules...
- What Is A Homestead Exemption?
- What Does A Homestead Exemption Do in California?
- What California’s New Homestead Exemption in AB 1885 Means For Homeowners
- How Will The New California Homestead Exemption Protect Homeowners?
- How Do I Calculate The Equity Protected by The California Homestead Exemption?
- Do I Need to Record A Homestead Exemption in California?
- Outdated Limits on Homestead Exemption Do Not Apply in Bankruptcy
- Can I Claim A Homestead Exemption in California If I’m Not on Title?
- Can I Claim A Homestead Exemption If I Don’T Live at The Property?
- Divorce Issues and The California Homestead
A homestead exemption is a regulation that shields a homeowner’s principal residence from creditors in the case of bankruptcy, judgment creditor, or death of a spouse. The California Constitution provides that “[t]he Legislature shall protect, by law, from forced sale a certain portion of the homestead and other property of all heads of families.” ...
As courts have explained: “’The object of all homestead legislation is to provide a place for the family and its surviving members, where they may reside and enjoy the comforts of a home, freed from any anxiety that it may be taken from them against their will, either by reason of their own necessity or improvidence, or from the importunity of thei...
On September 18, 2020, California Governor Gavin Newsom signed AB 1885 which has updated CCP § 704.730. The bill, which became effective January 1, 2021, protects debtors who own homes by increasing the California homestead amount to an amount that would keep most homeowners safe from creditors. AB 1885 provides that: The updated homestead exemptio...
Before AB 1885 went into effect on January 1, 2021, the homestead exemptions in California were $75,000 for a single homeowner, $100,000 for a married couple, and $175,000 for families who met specific requirements. However, AB 1885 has changed CCP § 704.730to “instead make the homestead exemption the greater of $300,000 or the countywide median sa...
To calculate how much equity a debtor can have in their home while obtaining a Chapter 7 discharge and without having to pay a Chapter 7 trustee, it is important to know the value of the house, then subtract the liens, then subtract the homestead exemption that would apply. For example, suppose a debtor owns a $400,000 home in a California county w...
“Under California law, two species of homestead protection are available to judgment debtors, the ‘automatic’ (or Article 4) homestead exemption and the ‘declared’ (or Article 5) homestead protection, respectively. These protections are available under different circumstances, they serve different purposes and they confer different rights on debtor...
Creditors have argued that California Code of Civil Procedure § 704.965 does not allow debtors to claim the new, increased homestead exemption if the judgment was recorded before 2021. However, this argument has been rejected by multiple cases. Courts have instead ruled that debtors are not limited to to a lower, pre-2021 amount even if the declare...
Courts have provided guidance on the types of property interests that are available for a homestead exemption. As a judge in the Central District of California explained in 2020, some legal interests may be entitled to a homestead exemption. In re Nolan, 618 B.R. 860, 866–67 (Bankr. C.D. Cal. 2020). For most homeowners, being a legal owner on recor...
Sometimes, a homeowner may be able to claim a homestead exemption even if they are absent from the property. “Pursuant to California law, the factors a court should consider in determining residency for homestead purposes are (1) physical occupancy of the property and (2) the intention with which the property is occupied. A debtor temporarily absen...
Can I Claim a Homestead if Only My Former Spouse Lives at the Property?
Sometimes, the debtor is separated from or divorced from their spouse or former spouse, but seeks to claim a homestead in the property they moved from. The law was explained by one court as follows: In re Clark, No. 10-23496-RAG, 2012 WL 3597410, at *3 (Bankr. D. Md. Aug. 20, 2012), aff’d sub nom. Clark v. Guttman, No. CCB-12-2673, 2013 WL 812017 (D. Md. Mar. 4, 2013). “The statutory scheme defines only one homestead exemption and makes no allowances for spouses who live apart…. A person is c...
Special Bankruptcy Homestead Exemption Rules in Divorces and Related Situations
In fact, Ninth Circuit law allows a current or former spouse to file their own bankruptcy to claim a homestead, even after their current of former spouse already filed claiming a lower homestead exemption. See In re Steward, 227 B.R. 895 (9th Cir. BAP 1998). The same rules apply for domestic partners. “Under California law, the homestead exemption rights of registrants under the DPRRA are identical to those of people who are married, which is a single combined exemption.” In re Rabin, 359 B.R...
Jul 30, 2021 · Below are some of the most critical laws and regulations that owners and San Diego property managers have to be vigilant about in California. The Tenant Protection Act: Rent Control and Eviction Statewide rent control went into effect on January 1, 2020, and while some rental properties are exempt, many will have to comply with the rent control ...
residential unit. This booklet discusses various fair housing laws that protect tenants from unlawful discrimination and harassment. These laws are designed to protect and uphold the inalienable rights of all California tenants, without compromise. This booklet also suggests steps that both landlords and tenants can take to develop
On December 1, 2021, Pina filed a First Amended Complaint alleging three causes of action: a Third Cause of Action for Fraud; a Fourth Cause of Action for Breach of Fiduciary Duty; and a Fifth Cause of Action for Negligent Infliction of Emotional Distress (NIED).
The California Coastal Commission has approved a San Diego cap on short-term rental properties, though it included a provision stating that the city must revisit the rules in seven years. San Diego’s City Council initially approved the new regulations in 2021. They could go into effect by this fall.
