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Updated almost 4 years ago,

User Stats

14
Posts
5
Votes
Benjamin Fishler
  • Investor
  • San Diego, CA
5
Votes |
14
Posts

New construction ADU's on SFH lot and California's AB 1482

Benjamin Fishler
  • Investor
  • San Diego, CA
Posted

Question for any one who has come upon this situation for California-based landlords

-We have a single property (SFH) which we run ourselves, not under an real estate investment trust, corporation, or LLC which would normally be a slam-dunk exception from California's AB1482 bill for rent cap increases and no-cause evictions.

However, we built a "SFH" (on the permit) ADU in the back, which I've read can be interpreted as no longer applying as exempt from the law, but can't find specific wording in the law. However, separately there's an exception for new-construction buildings less than 15 years old, to not take away too much incentive for new construction.


So the question is.... single family home with brand new ADU, exempt or not exempt from rent cap increase and no-cause evictions?? Two buildings, but one is new construction.

Also, aware I need to put the following language in the contract ahead of time: 

"This property is not subject to the rent limits imposed by Section 1947.12 of the Civil Code and is not subject to the just-cause requirements of Section 1946.2 of the Civil Code. This property meets the requirements of Sections 1947.12 (d) (5) and 1946.2 (e)(8) of the Civil Code and the owner is not any of the following: (1) a real estate investment trust, as defined by Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation."

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