Brennan Law Firm
California Legislators Trample Constitutionally Protected Rights of Landlords
Landlords and Property Managers:|
Many of you have already heard that California State legislators are attempting to enact AB 828, a law that violates your Constitutionally protected 5th Amendment right against illegal takings by the government, as well as your rights to equal justice. AB 828 unfairly benefits tenants by allowing judges to illegally alter all of your rental agreements by reducing the monthly rent by 25% for any tenant willing to sign a statement saying they couldn’t pay rent because they were affected by COVID-19.
The language of the bill unreasonably favors the tenants. The bill also provides Judges with an abusive amount of unfettered authority to issue an order reducing the rent by 25% for a 12 month period, on virtually no evidence at all that the reductions are necessary and/or even related to COVID-19.
As if that weren’t enough, the bill has a built in presumption which states that landlords owning more than 10 units are presumed not to be materially affected by the 25% reduction in rents!
As one would imagine, the tenants’ rights groups are demanding that AB 828 should be passed in light of the COVID-19 situation. However, there are many other ways to address the COVID-19 situation without illegally stealing landlords’ rights and forcing them to shoulder the entire burden. Don’t let this happen to you and your family. Follow the link here to download a copy of a letter that can be altered in any manner you feel appropriate and then sent to your state senators and state assembly members. It is vital that you let them hear your voice immediately, and loudly. Begin with your Senators, as the vote will go to them first. Demand they vote in a constitutional manner and remind them of the costs associated with a lawsuit against California that is likely to follow if they pass this unconstitutional bill. You can get their contact information by going here. Keep in mind that they are currently engaged in an enormous amount of activity taking place over the internet rather than in chambers, so the website often crashes. Don’t give up! Email them; call them; send them written letters.
As most of you know, for more than a decade I have been tireless in my efforts to inform landlords and management companies about the theft of their rights by Sacramento legislators pandering to the renters and special interest groups. I urge you to consider, now, that this is no time to rest on your laurels, sit on the sidelines, or “let the other guy handle it”! Your rights, and everything you have worked for is being stolen from you! Get angry! Get upset! Get involved! Your livelihood depends on it!
Let the state senate and assembly know we will not stand for this! Let them know we will fight back with everything we have. Send your representative the article found here about the city of San Jose, which proposed to waive rent for 90 days and, surprisingly, San Jose’s City Attorney shot it down due to his uncommon ability to understand the Constitution and the illegality of the proposed law. Let your Sacramento legislators know that if this law passes, we will be in court fighting it on constitutional grounds.
If writing, calling, or emailing is too much for you, then at a minimum, follow this link here to complete a form that can be sent directly to Sacramento from the website. Fill out the form and click “send”. How much easier can it get?
Unless every single landlord jumps on this now, we will unintentionally send a message to Sacramento that we don’t really care what they do to us; that we will sit by and take it, content to merely complain about it. Don’t do that. Don’t be lazy. Be proactive. Don’t wait.
Tenants are calling for a statewide rent strike starting with the May 1st rent. Do you want that to happen? Tenant rights groups are advocating for AB 828 as well. Is this the direction we want things to go? If not, lets do something about it!
It is time for the legislature to hear from you. . . now, contact your state Senator or Assembly Member and voice your opposition to AB 828.
Please let us know what we can do for you right now. How can we assist you; both now and when the pandemic is over?
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