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Californians are facing a housing crisis of epic proportion. Renters and homeowners are forced to navigate housing shortages and skyrocketing costs, making it hard to keep a roof over their heads. Across the state, we are grappling with failures to make housing equitable and sustainable. Because these challenges are longstanding and complex, tackling the housing crisis requires creative thinking and a willingness to attack the problem from all angles.
To address these challenges, on November 3, 2021, Attorney General Bonta launched the Housing Justice Team to advance housing access, affordability, and equity in California.
The Housing Justice Team is comprised of deputy attorneys general with a broad range of expertise in housing, consumer protection, tenants’ rights, land use, environmental justice, and civil rights. The goal of this team is to work with state agencies and other partners to address the housing crisis on a systemic level, and, where required, to enforce state laws aimed at increasing housing supply and providing housing security and stability to all Californians. Specifically, the Housing Justice Team:
The Housing Justice Team encourages Californians to submit complaints or tips related to housing via our online contact form. Although the Attorney General’s Office cannot represent or provide legal advice to individuals, complaints and tips from Californians are critical to developing information about concerning patterns and practices that California’s renters and homeowners are facing statewide.
Click on the links below to learn more about California’s housing crisis and the Housing Justice Team’s initiatives, and for key tenant and homeowner resources:
The causes and effects of California’s housing crisis are many. According to the California Department of Housing and Community Development (HCD), these include:
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:
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:
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 as a California Tenant
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Know Your Rights – Eviction Process
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Know Your Rights – Security Deposits
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Tenant Protection Act - Landlords and Property Managers
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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.