Housing

The causes and effects of California’s housing crisis are many. According to the California Department of Housing and Community Development (HCD), these include:

• Insufficient Housing Stock: California is in dire need of additional housing. According to HCD’s 2020 Regional Housing Needs Assessment, California must build 2.5 million new units of housing over the next eight years to keep up with demand. Given that annual housing production has historically fallen short of need, meeting this goal will require aggressive action.
• Increased Inequality and Non-Economic Barriers to Affordable Housing: Housing shortages and rising costs are increasing inequality and limiting advancement opportunities for all Californians. For California’s vulnerable populations, racial discrimination and inadequate accommodations for people with disabilities are worsening affordability challenges and equal access.
• Suburban Sprawl: Without intervention, much of new housing development will be in areas where growth is unconstrained, but where fewer jobs are available to the families that live there. This increases greenhouse gas emissions, and may lead to other environmental risks such as wildfire ignition.
• Disproportionately Large Rent Payments: The majority of Californian renters — more than 3 million households — pay more than 30 percent of their income toward rent. Nearly one-third of renters — more than 1.5 million households — pay more than 50 percent of their income toward rent.
• Fewer Homeowners: Overall homeownership rates are at their lowest since the 1940s.
• High Rates of Homelessness: California is home to 12 percent of the nation’s population, but 22 percent of the nation’s homeless population.

Initiatives to Secure Housing Now

The Office of the Attorney General has long fought for housing stability and security for all Californians. This includes preventing discrimination in the housing market, ensuring that Californians’ rights are protected at foreclosure, and investigating the business practices of large landlords.

The Attorney General’s Housing Justice Team is leveraging new and existing tools to ramp up our enforcement of state housing laws and promote housing security for Californians. Examples of the Strike Force’s work include:

• Successfully defending Project Homekey against legal challenges. Project Homekey is a state program that has served as a national model to quickly and efficiently provide housing for people experiencing homelessness. To date, more than 8,000 individuals have secured housing over the last year as a direct result of this program.
• Securing a $3.5 million judgment against Wedgewood, a real estate investment company based in Los Angeles County that unlawfully evicted tenants from properties that it had purchased at foreclosure sales.
• Issuing legal guidance to California law enforcement agencies in an effort to prevent unlawful tenant lockouts and self-help evictions.
• Issuing over ninety warning letters to eviction lawyers across the state in response to allegations that some landlords were filing false declarations to unlawfully evict Californian families in violation of COVID-19 emergency tenant protections.
• Urging key mortgage servicers to participate in the California Mortgage Relief Program, which is distributing $1 billion to help COVID-impacted homeowners catch up on mortgage repayments.
• Reminding local officials across the state of key protections for people with disabilities in housing and other public accommodations.
• Demanding that the City of El Cajon immediately rescind warning notices sent to local hotels participating in the County of San Diego’s bridge housing voucher program.
• Issuing legal guidance to cities and counties statewide to address crime-free housing policies that disproportionately discriminate against people of color, survivors of domestic violence, people with disabilities, and justice-involved individuals.

Initiatives to Secure Housing for the Future

To ensure that California is developing sufficient housing stock for the future, Attorney General Bonta has brought legal actions to ensure that local governments comply with state regional planning and other housing-related laws, including an obligation to build sufficient housing when planning for additional jobs and businesses. Attorney General Bonta has also promoted effective environmental justice planning at the local level.

The Attorney General’s Housing Justice Team works with other state agencies, such as the Department of Housing and Community Development, to assist cities and counties across the state in complying with laws intended to boost housing production to alleviate the housing shortage crisis. In doing so, the Housing Justice Team is paying particular attention to California’s most vulnerable individuals and families.

The Housing Justice Team also continues to work actively with local governments to ensure that state housing laws are followed and to defend many of those same laws from legal challenges. Where needed, the Strike Force may issue guidance letters related to housing laws to provide clarity to local governments and the public regarding the Attorney General’s interpretation of specific laws.

Examples of the Strike Force’s work include:

• Successfully defending the constitutionality of the Housing Accountability Act, an important law that protects housing availability and affordability by imposing limits on the ability of cities to reject proposals for housing developments that otherwise satisfy general plan and zoning requirements.
• Reaching a settlement with the City of Huntington Park to address inadequacies in their 2030 General Plan. The City of Huntington Park has some of the highest pollution levels in California, and its residents are at an increased risk of asthma and other cardiovascular diseases. The settlement brought the City’s general plan in compliance with SB 1000, a law requiring local governments to address environmental justice in their land use planning.
• Securing a court decision upholding the constitutionality of SB 10, a bill that allows local governments to rezone transit-rich areas or urban infill sites for denser housing.
• Warning the County of Fresno that its draft General Plan contained deficiencies with regard to housing discrimination, environmental justice, and climate resilience.
• Informing the City of Encinitas that it would face legal action if it did not approve a modified version of the Encinitas Boulevard Apartments, a project to provide affordable housing units in a highly resourced community. The developer and the City subsequently reached a settlement on the project.
• Notifying the City of Pasadena that its urgency ordinance, which would have allowed the City to exempt existing areas from SB 9 affordable housing requirements, would violate state law. The City eventually replaced the ordinance with one that complies with state law.
• Informing the Town of Woodside that its memorandum, which circumvented SB 9 affordable housing requirements by designating the entire town as a mountain lion sanctuary, violated state law. Woodside later rescinded the memorandum.
• Supporting the City of Livermore in its motion to expedite the Court of Appeal’s review of a lawsuit challenging an affordable housing project under the California Environmental Quality Act, because the delay alone threatens the project’s funding and viability.
• Supporting investments in affordable housing in a comment letter submitted to federal regulators on behalf of a multistate coalition regarding the Community Reinvestment Act.
• Reminding local officials across the state of their obligation to address discriminatory local land use and zoning processes that to create barriers to housing opportunities for Californians with disabilities.
• Securing sustainable, environmentally responsible development that considers increased ignition risk and evacuation routes in the event of wildfire.
• Filing a lawsuit against the City of Huntington Beach for violating state housing laws by banning the processing applications under SB 9 and applications for accessory dwelling units.
• Filing a lawsuit against the City of Elk Grove challenging its denial of a supportive housing project in violation of Senate Bill 35, the Housing Accountability Act, and fair housing laws.
• Filing a comment letter that identifies serious legal issues concerning the proposed Airport Gateway Specific Plan in the Inland Empire Cities of Highland and San Bernardino.

State and federal law provides California tenants with certain protections.

As a tenant in California, you have many important rights. For example, you may be protected from overly high rent increases and certain types of evictions. There are also laws protecting you from discrimination, retaliation, and lockouts where the landlord has not gotten a court order to evict you. To learn more about your rights as a tenant, visit our Landlord-Tenant page. The California Courts webpage has helpful information about landlord/tenant issues, including self-help information about evictions, rent control, security deposits and legal service programs that are available to help you. California’s Housing Is Key website also has information about eviction protections.

If you are at risk of eviction, or think your landlord is violating the law, you should consult an attorney. Similarly, if you are sued, or receive an eviction notice, don’t ignore it – act quickly to get help from an attorney. You may qualify for help from a free legal aid attorney. Visit LawHelpCA to find a legal aid office near you.

The California State Bar also has information about free or low-cost legal help in your area, as well as a directory of certified lawyer referral services if you don’t qualify for free legal aid. Members of the armed forces and their dependents can also get legal assistance from their local JAG legal assistance office. Please by aware that by law, the Attorney General cannot represent or give legal advice to individual Californians facing eviction or other tenant issues. However, you may report violations of law to our office.

If you believe you have been the victim of housing discrimination, you can file a complaint with the California Civil Rights Department.

Attorney General Bonta recognizes that families across the state may be facing increased difficulty affording rent as the result of layoffs, reduced working hours, and other impacts of COVID-19-related economic shock. Tenants and landlords can find more details about tenant protections, including protections in place during the COVID-19 pandemic, on our COVID-19 page. Many cities and counties have also taken action to help tenants during the COVID-19 crisis. Contact your local city or county through the 311 line or check your local government website for further information on protections in your area.

Know Your Rights Guides for Tenants

Quick Reference Guide for Landlords and Property Managers

State and federal law provides California homeowners with certain protections.

California’s Homeowner Bill of Rights and other laws provide protections to homeowners facing foreclosure. Learn more about resources to help you keep your home and how to avoid loan modification and foreclosure scams here.

If you are at risk of foreclosure or think your mortgage servicer is violating the law, you should consult an attorney. Visit LawHelpCA to find a legal aid office near you. The California State Bar also has information about free or low-cost legal help in your area, as well as a directory of certified lawyer referral services if you don’t qualify for free legal aid. Members of the armed forces and their dependents can also get legal assistance from their local JAG legal assistance office. Please be aware that by law, the Attorney General cannot represent or give legal advice to individual Californians facing foreclosure or other homeowner issues.

You can report violations of law to our office, California’s Department of Financial Protection and Innovation, and the federal Consumer Financial Protection Bureau.

Foreclosure Prevention: If you are having trouble making payments, contact your servicer to ask for help and keep following up with your servicer about any foreclosure-prevention application you submit. Free or low cost legal aid is available through LawHelpCA or the California State Bar. You can also get advice from a U.S. Department of Housing and Urban Development-approved Housing Counselor. For more information about loan modifications, the foreclosure process, scams to watch out for, and resources that may help you keep your home, see our Homeowner Issues page.

Forbearances: Forbearance plans allow you to temporarily lower or postpone your monthly mortgage payment for a certain period of time, but you must make up those payments later. To learn more about forbearances, visit the Consumer Financial Protection Bureau’s What Is Forbearance web page.

Some homeowners with a federally backed mortgage who are experiencing financial hardship due to COVID-19 may be able to get a forbearance. Even if you do not have a federally backed mortgage, many financial institutions have agreed to provide forbearances or other relief to homeowners impacted by COVID-19. Contact your servicer to discuss your options. More information can be found here.

See If You Qualify for Mortgage Relief Funds: Homeowners who have fallen behind on mortgage payments due to COVID-19-related financial hardship may be eligible for relief through California’s Mortgage Relief Program. The program will pay a total of $1 billion to cover missed mortgage payments during the COVID-19 pandemic. This is a one-time grant that eligible homeowners will not have to repay. To find out if you are eligible and to apply, see the California Mortgage Relief Program web page.

Q: How do I contact the Housing Justice Team directly?
A: The Housing Justice Team is a team of attorneys working on housing issues on behalf of the people of California. While the Housing Justice Team cannot represent or provide advice to individuals, you can submit complaints or tips to our office using our online complaint form here.

Q: I am facing an eviction. Can your office help me?
A: The Attorney General is unable to represent individuals in eviction cases. If you are being evicted, we highly recommend that you talk with an attorney right away. You may qualify for help from a free legal aid attorney. Visit LawHelpCA to find a legal aid office near you. The California State Bar also has information about free or low-cost legal help in your area, as well as a directory of certified lawyer referral services if you don’t qualify for free legal aid. Members of the armed forces and their dependents can also get legal assistance from their local JAG legal assistance office.

Q: How do I file a complaint against the judge involved in my eviction case?
A: Complaints against judges are handled by the Commission on Judicial Performance. Information on how to file a complaint is available here.

Q: How do I file a complaint against the attorney involve in my eviction case?
A: Complaints against attorneys are handled by the State Bar. Information on how to file a complaint is available here.

Q: How do I file a complaint against the law enforcement agency involved in my eviction case?
A: Evictions that occur without a court order are unlawful. If you have a complaint about how law enforcement has responded to a landlord evicting a tenant without a court order, you can file it with our office here. Although the Attorney General is unable to represent individuals, complaints and tips from concerned residents like you are critical to developing information about what issues tenants are facing. You should also file a complaint with the local law enforcement agency.

If you have a complaint about law enforcement evicting a tenant with a court order, that is an issue that must be resolved by the court in the eviction case. We recommend that you talk with an attorney in your area who can help you with the eviction case.

Q: How much can my landlord raise my rent?
A: If you have received a rent increase that you cannot afford or that you believe may be unlawful, it is important that you talk with an attorney right away. If you have questions about whether a rent increase is lawful, you should consult an attorney. You may qualify for help from a free legal aid attorney.

Visit LawHelpCA to find a legal aid office near you. The California State Bar also has information about free or low-cost legal help in your area, as well as a directory of certified lawyer referral services if you don’t qualify for free legal aid. Members of the armed forces and their dependents can also get legal assistance from their local JAG legal assistance office.

Most properties in California that are more than 15 years old are covered by a statewide rent cap that limits annual rent increases to 5% plus inflation or 10% total, whichever is lower. This law applies to most apartment buildings, to single-family homes or condominiums if they are owned by a corporation, and to duplexes if the landlord does not live there. More information about this law and other tenants' rights can be found on our Landlord-Tenant Issues webpage.

Additionally, your city or county may have its own rent control laws, which may include additional protections. Check the webpages for the city and county where you live for information for tenants. Keep in mind that your landlord must give you 90 days’ notice for any rent increase larger than 10%. All rent increases must be given in writing.

Even if your home is not normally rent-controlled, certain emergency declarations, such as those issued by the Governor, may trigger additional protections under Penal Code section 396. This law, with limited exceptions, prohibits raising the price of rental housing by more than 10% for a period of time after an emergency has been declared. Emergency declaration issued by the Governor are generally available on the Governor’s website. The Office of Emergency Services also maintains a list of such orders issued by the Governor.

For information on locally declared emergencies, you should contact the applicable city or county. Some cities and counties have their own price gouging ordinances.

Q: How do I file a complaint against my landlord?
A: The California Court’s self-help housing webpage includes important information on evictions, security deposits, and frequently asked questions. More information about tenants’ rights can be found on our website here.

If your complaint relates to health or safety, contact your local health department, building inspector, and/or code enforcement office. Your city or county may also have its own rent board or rent control program that addresses the health and safety of buildings. Check the webpages for the city and county where you live to see if they have helpful information for tenants.

Consult an attorney if you want to take legal action against your landlord. You may qualify for help from a free legal aid attorney. Visit LawHelpCA to find a legal aid office near you. The California State Bar also has information about free or low-cost legal help in your area, as well as a directory of certified lawyer referral services if you don’t qualify for free legal aid. Members of the armed forces and their dependents can also get legal assistance from their local JAG legal assistance office.

If your dispute involves less than $10,000, you may have the option of using the small claims court system. More information on that process can be found here.

Q: How do I file a housing discrimination complaint?
A: You can file a complaint with the California Civil Rights Department here.

Q: How do I resolve a question or concern about the Housing is Key Rent Relief Program?
A: Call the California COVID-19 Rent Relief Call Center at 833-430-2122. If you need assistance in another language, call 833-687-0967.

You can also reach out to your representative in the California Legislature. To find your member, please see: https://findyourrep.legislature.ca.gov.