CCARToday - Contra Costa Association of REALTORS

Moves You Forward.

July 2019 | City Updates

by

CONCORD

Residential Rent Review Program Modification

Tenant Relo Assistance

Just Cause Eviction

EL CERRITO

Just Cause Eviction

Rent Registry

City of Concord

In May, the City of Concord’s Ad-Hoc Committee on Rental Housing published a draft report that was discussed at a public community meeting held May 29th. All Concord citizens and the business community wer invited to attend to issue opinions, questions and concerns. 

The proposal from the Ad-Hoc Committee included some of the following:

  • Modification to the Residential Rent Review Program – Mandating participation by landlords for any rent increase greater than 5% in front of an Administrative Law Judge.
  • Relocation Assistance for Tenants – Requiring landlords to pay up to three months’ worth of rent, determined by the monthly average rent based on the unit size (established annually by the City), if a lease is not renewed.
  • Just Cause Eviction –Would require property owners to give reason as to why a lease was not renewed and limits property owner’s ability provide safe housing/community for all residents. This would encompass all properties in Concord, including single-family homes.

Nothing was off the table, including Rent Control and a Rent Moratorium.

However, on June 19th at a Special City Council Meeting, the City Council received and listened to five hours of public comment regarding the recommendations from the Concord Ad-Hoc Committee on Rental Housing.  Unlike the public meeting that occurred in May, this meeting consisted of the full council to discuss and provide staff direction on items brought forward by the Ad-Hoc Committee.

The following items will be either studied and/or brought back for review at a future council meeting, yet to be set. 

Some of the council members made it clear, that while some of these items may come back, they may not garner majority vote of the council for final approval.

4.1 – Modify Residential Rent Review Program: Majority of the council stated they would like staff to study adding an Administrative Law Judge (ALJ) and binding mediation with a threshold of 7% +CPI. While two council members would prefer to see if lower than 7% + CPI, it was made clear last night that no matter what the Council approves in the end, it is not set in stone and can always be changed with a Majority vote of the council at a future date. There was also discussion by the council that this program would be based on Landlord notification and not Tenant complaints.

4.2 – Extend Property Owner Notice Requirements: California Apartment Association notified the Council via public letter, that this recommendation is illegal and has caselaw they can share.  However, the council did request that staff check if there would be a problem for the City to require extending the period of notice of termination, specifically for seniors and disabled tenants.

4.3 – Relocation Assistance for Tenants: Relocation Assistance for Tenants – At least two and possibly three council members do not currently support 4.3 as written.  Therefore, there was an agreement for staff to gather more information regarding relocation for the council to review.  It was clearly stated that not all are sold on the idea of relocation assistance.

4.4 – Just Cause Eviction: There were not enough votes for this item to move forward.

4.5 – Minimum Term Lease, 4.6 – Land Trust/Preserve Long Term Affordability, 4.7 – Support Housing Legislation at State Level, and 4.8 – City Communication re: Affordable Housing: There was consensus by council to approve the above items.

As mentioned earlier City staff has not set a date as to when these items will be coming back to Council.

For more information on the Ad-Hoc Committee recommendations, view the full report at: https://www.cityofconcord.org/758/Rental-Housing-Ad-Hoc-Committee.

 

City of el cerrito

Just Cause Eviction Update

Over the past year, CCAR and the Contra Costa Chapter of the California Apartment Association have been meeting with City Council and working with City staff to keep Rent Stabilization and Just Cause Eviction at bay. However, on May 21st, the El Cerrito City Council approved final language for a Rent Registry and Just Cause Eviction ordinance.

Per the City, the sole purpose of the Rent Registry is to gather data to measure what is occurring as it relates to tenant evictions and rent increases. By now, many property owners have received paperwork with their Business License Tax Renewal notice, notifying them that they will need to register all their rental properties with the City and pay a fee of $44/unit. This ordinance includes all property types and size.

The Just Cause Eviction Ordinance that was passed targets 5+ units; exempting 4 units and less (including single family homes), along with any development built after 2016, allowing for protections for new or future development. This ordinance was scheduled to go into effect on Friday, June 21st.  

On June 17th a referendum to repeal the Just Cause Eviction Ordinance has been filed with the City of El Cerrito. There were nearly 2,200 signatures gathered and presented to the City Clerk and only 1,631 signatures were needed to qualify the referendum. Since then, the City has delivered the petitions to the Contra Costa County Registrar of Voters to verify the signatures, in which they have 30 days to do so.

As mentioned, the Just Cause Eviction Ordinance was scheduled to take effect this Friday, June 21st. However, as of June 27, 2019, CAA Contra Costa Chapter received word that we received a Certificate of Petition from the City of El Cerrito, stating that the County Registrar has completed the verification process and has exceeded the required valid signatures to qualify for the referendum of the Just Cause Eviction Ordinance. That means the Just Cause Ordinance is suspended! 

As required by State law, the El Cerrito City Council will certify the results at their next regularly schedule council meeting, which will be held on Tuesday, July 16, 2019.

After the City Council certifies the results, they have one of the three following options:

  • Repeal the ordinance
  • Order a special election at least 88 days in the future
  • Order the item go to the voters during the next regularly scheduled municipal election – November 2020.

Thanks to all those who participated in the referendum.

CONTACT:

Heather Schiffman

CCAR Government Affairs Director

(925) 295-9232

[email protected]

CCAR Logo
Thin Gradient bar

MLS RULE 13.2.2

by

For Sale

MLS RULE 13.2.2  |  LOCKBOX REQUIREMENTS

Lockboxes are not required on all listings. You are only required to place an approved Supra lockbox on a property if you have placed another type of entry device on the property.

If any lockbox or other device enabling access to On Market listed property for real estate professionals and/or service providers is authorized by the seller and/or occumpant and is placed on or present on a property listed in the MLS, such lockbox or device must be approved by the MLS where the listing has been submitted. The authorized lockboxes sold by, leased by, or otherwise offered through the Association or MLS where the listing is submitted have been approved by the MLS (Kim User Group approved Supra Bluetooth LE lockbox). Unless expressly indicated otherwise by the MLS, for any other lockbox or device to be considered “approved,” use of it must provide reasonable, timely access to listed property such that:

REQUIREMENTS FOR alternative ENTRY DEVICES:

MLS RULES & REGULATIONS  >

CONTACT:

CCAR MLS Compliance Dept.
[email protected]

1.  Alternative entry devices must allow all participants and subscribers timely access to listing by reliance solely on data submitted to/residing on the MLS;

2.  Complete, accurate and stand-alone instructions are provided for accessing the listed property in the appropriate agent section on the MLS; and…

3.  It ensures that the lockbox or device will provide reasonable access to listed property with any information, code or key needed to access the contents of the lockbox/device to be made available or access to the property otherwise scheduled within four (4) hours of initial contact in the event the lockbox or device requires the participating member to obtain additional information to enable access (ex: “call listing agent for entry code”) with said 4 hour response obligation in effect every day from 8 AM to 6 PM.

Contra Costa Association of Realtors logo

13.2.2.  …CCAR MLS reserves the right to require that the device be submitted in advance for approval. The MLS may also revocke the approval and/or subject the participant to discipline if the device is used in a manner that fails to continue to satisfy this requirement. Failure to provide reasonable and timely access as required by this section will subject the listing agent to discipline and potential fines. More than one lockbox or access device may be used on a property only if it is approved (Kim User Group approved Supraq Bluetooth LE lockbox) where the listing is submitted.

Questions: Contact CCAR MLS Compliance Dept. at (925) 295-1270; [email protected].

| MLS RULES & REGULATIONS |

MLS Rules 7.5 – 7.6

by

Keyboard with Waiver Button

MLS RULE 7.5-7.6  |  LISTING/WAIVER SUBMISSIONS

To avoid MLS compliance issues, provide CCAR with an executed SELM (Sellers Exclusion of Listing from MLS) within 3 days of obtaining the final signature on listing agreement, regardless of weekends.

Pro Tip: Add the SELM form to your Residential Listing Agreement templates so you never forget to include it in a transaction.

MLS Rule 7.5: Mandatory submission

Within 3 days after all necessary sellers’ signatures have been obtained on the listing or at the beginning date of the listing as specified in the contract, whichever is later, on any exclusive right to sell or seller reserved listing on 1-4-unit residential property and vacant lots located within the service area of the MLS, Broker Participants shall (1) input the listing to the service, or (2) submit a seller-signed exclusion in accordance with Section 7.6 (Exempted Listings) to the service. All necessary signatures are those needed to create an enforceable listing, which generally means all named signatories to the listing agreement. In the event there are known additional property owners not made signatory to the listing, listing broker shall disclose said fact on the service and state whether the event listing agent is prevented from complying with the 2-day time period due to seller’s delay in returning signed listing agreement, listing broker must submit the listing to the service within 2 days of receipt back from seller. The MLS may require listing broker to present documentation to the service evidencing seller’s delayed transmission. Only those listings that are within the service are of the MLS must be input. Open listings or listings of property located outside the MLS’s service area (see Section 7.7) are not required by the service, but may be input at the Broker Participant’s option.

| MLS RULES & REGULATIONS |

mls rule 7.6: Exempted listings

If the seller refuses to permit the listing to be disseminated by the service, the listing broker shall submit to the service a certification signed by the seller that the seller does not authorize the listing to be disseminated by the service. C.A.R. Standard From SELM may be used for this certification, but in any event, said exclusion shall include an advisory to seller that, in keeping the listing off the MLS, (1) real estate agents and brokers from other real estate offices, and their buyer clients who have access to the MLS may not be aware seller’s property is for sale, (2) seller’s property will not be included in the MLS’s download to various real estate internet sites that are used by the public to search for property listings, and (3) real estate agents, brokers and members of the public may be unaware of the terms and conditions under which seller is marketing the property, and (4) the reduction in exposure of the listing may lower the number of offers made and negatively impact the sales price.

| MLS RULES & REGULATIONS |

CONTACT:

CCAR MLS Compliance Dept.
[email protected]

MLS RULE 10.2

by

For Sale

MLS RULE 10.2  |  STATUS UPDATES WITHIN 1 DAY

All “pending” and “sold” properties must be input into the MLS within 1 day of acceptance or close unless negotiations are carried out under Section 9.1 (a) or (b).

pending

Listing brokers must report/input accepted offers as “pending” within 1 day after the acceptance unless negotiations were carried out under Section 9.1 (a) or (b) in which case, the buyer broker shall notify the listing broker of the “pending” status within 1 day  after acceptance, whereby the listing broker shall then report/input the status change into the MLS within 1 day after receiving notice from the buyer broker. Price and terms should not be input prior to final closing.

sold

Upon final closing, the listing broker must report/input the listing in the MLS as “sold” within 1 day after the final closing date unless the negotiations were carried out under Section 9.1 (a) or (b), in which case the buyer broker must notify the listing broker of the “sold” status and selling price within 1 day after the final closing date, whereby the listing broker can then report/input the status change and selling price within 1 day after receiving notice from the buyer broker. Listings not input into the MLS as a result of seller’s instructions may be reported/input into the MLS “sold” data at the listing broker’s option.

for comp purposes only

If a listing is entered for comparable purposes only, then “For Comp Purposes Only” shall appear in the first line of Confidential Remarks…

10.2 Reporting of Sales.  Listings with accepted offers shall be reported to the MLS or input into the MLS database as “pending” within 1 day after the acceptance, by the listing broker unless the negotiations were carried on under Section 9.1 (a) or (b), in which case, the buyer broker shall notify the listing broker of the “pending” status within 1 day after acceptance, whereby the listing broker shall then report or input the status change to the MLS within 1 day after receiving notice from the buyer broker. The listing shall be published on the MLS as pending with no price or terms prior to the final closing. Upon final closing, the listing broker shall report or input the listing in the MLS as “sold” within 1 day after the final closing date unless the negotiations were carried on under Section 9.1 (a) or (b), in which case, the buyer broker shall notify the listing broker of the “sold” status and selling price within 1 day after the final closing date, whereby the listing broker shall then report or input the status change and
selling price within 1 day after receiving notice from the buyer broker. Listings that were not input into the MLS as a result of the seller’s instructions may be input into the MLS “sold” data at the listing broker’s option. If a listing is entered for comparable purposes only, then “For Comp Purposes Only” shall appear in the first line of confidential remarks. Additionally, an MLS may accept the reporting of sales information solely for comp purposes about other properties which were not otherwise eligible for input into the MLS but are located in the MLS’s primary geographic service area and “sold” by a MLS Contra Costa Association of REALTORS® Multiple Listing Service CCAR MLS Rules and Regulations Page 24 of 64 Revised January 1, 2019 Participant and/or Subscriber who represented the seller, as long as such reporting is authorized by the underlying property owner to the broker who represented it, (documentation of which must be presented to MLS, if requested by the MLS), and the circumstances of the representation are disclosed on the Service by the reporting participant or subscriber. For violation of this section, see Appendix B, Citable Infractions.

| MLS RULES & REGULATIONS |

MLS RULES & REGULATIONS  >

CONTACT:

CCAR MLS Compliance Dept.
[email protected]

Contra Costa Association of Realtors logo

MLS RULE 12.5.1

by

For Sale

MLS RULE 12.5.1  |  PUBLIC REMARKS

Restrictions & Requirements | Information in the “Public Remarks” section should only refer to the marketing, description and condition of the property. No other information may be included.

no contact information

No contact information is permitted in the “Public Remarks” section, including names, phone or fax numbers, email addresses or website addresses (including virtual tours and transaction tracking URLs).

no showing instructions

No showing instructions are permitted in the “Public Remarks” section, including references to lockbox, alarm, gate or other security codes, or the vacancy of the property. However, a statement that the property will be delivered vacant is not a violation, nor are open house dates and times.

no compensation information

No information directed toward real estate agents or brokers is permitted in the “Public Remarks” section, including compensation or bonuses offered to cooperating brokers may be shown in public remarks.

12.5.1 Public Remarks Restrictions and Requirements a. Information in the public remarks shall only relate to the marketing, description and condition of the property. b. No contact information is permitted, including names, phone or fax numbers, email addresses or website addresses (including virtual tours and transaction tracking URLs). c. No showing instructions are permitted, including references to lockbox, alarm, gate or other security codes, or the vacancy of the property. However, a statement that the property shall be delivered vacant is not a violation. d. No information directed toward real estate agents or brokers, including compensation or bonuses offered to cooperating brokers may be shown in public remarks. e. No other information may be provided that goes beyond a description of the property. For violation of this section, see Appendix B, Citable Infractions.

| MLS RULES & REGULATIONS |

MLS RULES & REGULATIONS  >

CONTACT:

CCAR MLS Compliance Dept.
[email protected]

Contra Costa Association of Realtors logo