SANTA BARA COUNTY, Calif. Zachary Brenner had a nightmare that his Isla Vista apartment contained asbestos. This led him to think about a tenant’s right for a safe living environment. He started working with the Isla Vista Tenants Union on a county ordinance.
California law provides that the implied warranty of habitability, which guarantees that a rental property will meet basic living and safety standards, requires landlords to correct any issues.
Brenner explained, “Warranty for habitability is basically all of the requirements that landlords have to follow; this can include heating in the unit and having a working stove. It can also include the absence or presence of pests or mold.”
“I deal with many tenants. The IVTU hears the most concerning problems with tenant habitability black mold. Cockroaches are also a problem. Many tenants don’t know what landlords require, and think it’s their fault.
Brenner stated that the state law requires that the warranty of habitability be given. However, there is almost no enforcement.
He has been working closely with many Santa Barbara County Board of Supervisors to create an ordinance that would provide “coeducational enforcement.”
Brenner explained that the ordinance would require landlords at the time of signing a lease to include a warranty of habitability. This is similar to disclosures about asbestos and lead paint.
He added that the only difference between this disclosure and other disclosures is that tenants and landlords would not have to sign any document.
“The hope is that it will be co-educational. Brenner stated that the tenant might not know what is expected from them and that landlords may not always know what to expect of them. “This would lead to a formal enforcement via education that is mandatory at lease signing.
Brenner stated that disclosure would be a cost-effective, essentially zero-cost solution to the issue that would benefit both sides.
Brenner called the drafted ordinance “revolutionary”, claiming that California has no similar law.
Local landlords say that the list of mandatory disclosures in lease packets is already quite long and tenants may be tempted to ignore it.
Michelle Roberson, Sierra Property Management, who owns several properties in Isla Vista, stated that she believes all individuals should be empowered to understand and know their rights and responsibilities under law.
“The constant additions of legislation requiring affirmative duty of property providers are making it difficult for small mom and pop businesses to either sell to large corporations or to relinquish their responsibility towards management companies.”
Roberson stated that Sierra Property Management is grateful to the IVTU and other community resources for providing information to residents. However, Roberson also said that mandatory disclosure ordinances could have negative consequences for the community.
Roberson stated that by adding another mandatory disclosure, which makes it more difficult for smaller rental companies, housing prices will rise.
She continued, “This is a great tragedy for the tenant community as it drives prices up and/or takes units out of the rental market at a time when we are already experiencing an housing crisis.”
