Understanding California Ordinances

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Frequently Asked Questions

California Property Law Compliance - All your questions answered by our engineering and legal experts.

AB 2801 (Security Deposit Condition Photos)

  • April 1, 2025: After a tenant vacates — before repairs or cleaning — landlords must photograph or video the unit and share the images with the tenant along with the itemized statement.
  • July 1, 2025: For tenancies beginning on or after this date, landlords must also take pre-tenancy condition photos (immediately before or at move-in).

No. Detailed, date-stamped condition documentation is required. Take comprehensive, room-by-room photos or video that clearly show the property’s state.

The statute doesn’t prescribe a method, but you must provide the photos to the tenant together with the itemized statement. A system that stores, timestamps, and securely shares the files is recommended.

Best practice is yes — re-document at each new tenancy term, especially when a new lease begins after July 1, 2025.

Local & State Laws

Jurisdiction first.

  • Inside the City of Los Angeles: City rules apply. If a unit is covered, the RSO governs rent stabilization; the JCO (Just Cause Ordinance) applies citywide, including most non-RSO rentals within LA City. Many non-RSO units may also be covered by statewide AB 1482.
  • Unincorporated Los Angeles County: County rules apply under the RSTPO, which includes county-level just-cause and rent cap provisions.
  • Other incorporated cities (e.g., Santa Monica, West Hollywood, Pasadena): These cities enforce their own ordinances. Where no local rent control exists, AB 1482 acts as the statewide backstop.

STRs

  • LA City: Generally allowed only at a host’s primary residence and require City registration; night caps and other conditions may apply.
  • Unincorporated LA County: Allowed with County registration and compliance with local STR rules (including transient occupancy tax). Requirements vary — confirm local rules.

Roommates / additional occupants

  • RSO units: An “additional tenant” rent increase may be permitted (historically up to 10%, subject to current bulletins) when an extra adult moves in; exceptions exist (e.g., first minor child). Verify current RSO guidance.
  • Non-RSO (JCO) & AB 1482 units: Adding an unauthorized adult can be a just-cause ground only if the lease requires consent and the tenant fails to cure after proper notice.

ADUs

  • LA City: ADUs/JADUs are typically not RSO unless created as Ellis-Act replacement units. ADUs may be subject to JCO and AB 1482 where eligible.
  • Unincorporated LA County: Some ADUs may fall under RSTPO coverage depending on local rules — confirm specifics.

Is registration required for non-RSO units?

  • LA City: Yes. Most rental units must register annually under the City’s registration/JCO program. Failure to register can bar rent collection until cured.
  • Unincorporated LA County: Yes. Covered units must register annually under the County rent registry.

Can registration fees be passed to tenants?

  • LA City – RSO: Landlords may pass through up to 50% of the annual registration fee as a small monthly surcharge (subject to annual updates).
  • LA City – JCO (non-RSO): Generally landlord expense.
  • LA County: Limited pass-throughs may be allowed for eligible unit classes; details vary.

Note: Fee amounts and pass-through percentages change; verify current figures each year.

After major renovations

  • LA City RSO: No automatic rent increase. Use the City’s Capital Improvement or Primary Renovation programs (permits, approvals, habitability/relocation rules apply). Surcharges are formula-driven and time-limited.
  • Non-RSO (JCO) & AB 1482: Renovations do not allow increases beyond the applicable cap; AB 1482 limits certain no-fault evictions for covered units.

Vacancy & market rent

  • RSO: Vacancy decontrol (Costa-Hawkins) permits market-rate reset at new tenancy; subsequent increases capped by RSO.
  • AB 1482: Market reset at vacancy; then subject to AB 1482 caps.

Price-gouging

  • During a declared state of emergency, California generally limits rent increases to no more than 10% over the pre-emergency price (interacts with AB 1482; comply with the stricter limit). Violations can carry penalties.
Local & State Laws — Quick Reference

  • Do non-RSO rules apply to county or city?
    City addresses follow LA City RSO/JCO; unincorporated addresses follow County RSTPO/JCO; other cities follow their ordinances with AB 1482 as the statewide backstop.
  • Which rules apply to STRs, roommates, ADUs?
    STRs: City/County registration + local limits.
    Roommates: RSO may allow limited “additional tenant” increases; otherwise, lease consent and just-cause rules govern.
    ADUs: usually not RSO; JCO/AB 1482 (or RSTPO) may apply depending on jurisdiction.
  • Is registration required for non-RSO units?
    Yes — LA City JCO Registry and County Rent Registry require annual registration for covered units.
  • Can registration fees be passed to tenants?
    LA City RSO: typically up to 50% pass-through (small monthly surcharge).
    JCO: landlord-paid.
    County: limited pass-throughs may be allowed.
  • What’s allowed after major renovations?
    RSO: pursue Capital Improvement or Primary Renovation programs; no automatic rent bump.
    Non-RSO/AB 1482: no automatic rent increase beyond the cap; AB 1482 limits certain no-fault evictions in covered units.
  • Can rent be raised to market if the tenant left voluntarily?
    Yes — vacancy decontrol (Costa-Hawkins / AB 1482) allows market reset at vacancy; subsequent increases remain capped.
  • Price-gouging rules?
    ≤10% over pre-emergency rent during declared emergencies; applies to new and current tenancies; penalties possible.

Note: Laws, fees, and administrative rules change. Always confirm jurisdiction for a specific address and consult up-to-date local agency guidance before acting.

SB 326 (Condominiums / HOAs)

The HOA engages a licensed structural engineer or architect who performs a visual assessment of balconies, decks, walkways, stairways, and other Exterior Elevated Elements (EEEs) elevated six feet or more above grade.

Advanced diagnostic tools may be used as needed — such as moisture meters, infrared thermography, and borescope inspections — along with minimally invasive sampling if required.

A written, signed report is issued with:

  • Current conditions and photos
  • Estimated remaining useful life
  • Repair and maintenance recommendations

Any immediate life-safety hazard must be reported to the HOA or association management immediately and to the local enforcement agency within 15 days.

Legal Expert Note: SB 326 defines a “statistically significant random sample” as one that provides 95% confidence with a ±5% margin of error. The inspector determines the exact number of elements needed to meet this standard for each EEE type.

The HOA Board is responsible for initiating and scheduling inspections. If the board fails to act, individual owners may press for compliance or seek independent legal and engineering advice.

California Civil Code § 5551 (“The Balcony Bill”) requires periodic inspection of condominium EEEs to prevent structural failures like those that have caused past tragedies.

The first inspection deadline is January 1, 2025, and re-inspections are required every nine years thereafter.

  • Applies to condo buildings with 3+ units
  • EEEs elevated ≥ 6 ft above grade must be inspected
  • Sampling: statistically significant random sample (95% confidence ±5%)
  • Immediate hazards → 15-day notice to local enforcement
  • Reports retained for two inspection cycles (≈ 18 years)
  • Re-inspection every nine years

Local building departments may impose civil penalties or issue orders restricting use of unsafe areas. Immediate threats require prompt protective measures. Penalties often mirror those in SB 721 and may vary by jurisdiction.

SB 721 (Apartments / Multifamily Rentals)

For multifamily buildings with 3 or more units and EEEs elevated ≥ 6 ft:

  • A qualified professional — licensed engineer or architect, building inspector, or A, B, or C-5 contractor with at least five years of relevant experience — must:
    • Visually inspect at least 15% of each EEE type
    • Perform testing (borescope, moisture, infrared) or exploratory openings if needed
    • Provide a written report to the property owner

If hazards are identified, local enforcement must be notified according to local procedures. Re-inspections occur every six years.

Legal Expert Note: SB 721 sets the minimum sample size at 15% per EEE type. Unlike SB 326, it does not require a statistical confidence calculation.

  • For buildings constructed before 2019, the first inspection was due by January 1, 2025.
  • For buildings permitted on or after January 1, 2019, the first inspection is due within six years of the Certificate of Occupancy.

The report is delivered to the property owner. If an immediate life-safety hazard is discovered, the professional must notify both the owner and the local enforcement agency within 15 days per § 17973.

Local jurisdictions may impose $100 – $500 per day civil penalties until compliance. Some cities may also record safety liens against the property.

Common to Both Laws — Clarifications

Yes. Hidden deterioration such as rot, corrosion, or trapped moisture is often invisible without professional testing. Both laws were enacted to prevent balcony and deck failures.

Not mandated by statute, but strongly recommended. They are minimally invasive and can reveal concealed damage that visual checks miss. Under SB 721, exploratory openings may be required if concealed framing cannot otherwise be evaluated.

If an element is entirely metal or concrete with no wood load-bearing or waterproofing components, it generally falls outside SB 326 and SB 721. Always verify the actual construction type.

Case-by-case. If the structure is elevated six feet or more and supported in whole or in part by wood or wood-based materials, it typically qualifies as an EEE and is subject to inspection.

  • SB 721 → applies to multifamily rental buildings (3+ units)
  • SB 326 → applies to condominium associations / HOAs

  • SB 326: statistically significant sample (95% confidence ±5%)
  • SB 721: minimum 15% per EEE type

  • SB 721: every 6 years
  • SB 326: every 9 years (first by Jan 1, 2025)

Each report must document:

  • Identification and count of EEEs inspected
  • Current physical condition and photos
  • Remaining useful life
  • Repair or maintenance recommendations

Under SB 326, immediate threats require the HOA to restrict access immediately and the inspector to notify local enforcement within 15 days. Reports must be retained for at least two inspection cycles (≈ 18 years).

Immediate threats: Inspector must notify owner/HOA and local enforcement within 15 days.

SB 721 timelines: Owners have 120 days to apply for permits and 120 days after permit issuance to complete repairs, unless otherwise directed by the local agency. Failure to comply may result in penalties or restricted occupancy.

Structural or waterproofing repairs generally require building permits. Cosmetic or surface-level work may not. Always confirm with your local building department.

  • SB 326: Licensed structural engineer or architect
  • SB 721: Licensed engineer or architect, building inspector, or A, B, or C-5 contractor with at least five years of relevant experience

Not initially.

  • SB 326: Inspect a statistically significant sample providing 95% confidence ±5%.
  • SB 721: Inspect ≥ 15% of each EEE type; expand the scope if widespread issues appear.

SB 721: Buildings permitted on or after Jan 1, 2019 must complete their first inspection within six years of the Certificate of Occupancy. Earlier buildings follow the initial 2025 deadline.

Pricing & Process

Pricing depends on:

  • Number of units and EEEs
  • Accessibility and site complexity
  • Required testing (moisture, infrared, borescope, etc.)
  • Observed conditions and reporting scope

DrBalcony provides transparent, property-specific quotes aligned with market-standard pricing and statutory compliance requirements.