San Francisco Injury Lawyer Blog

New California Tenant Rights Laws in Effect January 1

March 22, 2017 | Gregory J. Brod

If you rent an apartment or house in California, then you should be aware of a few new laws that went into effect on January 1. These laws may affect your rights.

The Bed Bug Law, AB 551

This law is important since bed bugs continue to plague rental properties across the country. Bed bugs are more than annoying, their bites can cause severe allergic reactions in people. Unfortunately, bed bugs are not easy to get rid of and treatment is generally much more expensive than a tenant can afford. That is why this new law places the duty upon the landlord to promptly treat and control bed bugs once their presence is established.

HR 1215 Concerns Lawmakers, Attorneys, and the Elderly

March 20, 2017 | Gregory J. Brod

Under House Bill 1215, introduced in February 2017 by Rep. Steve King, R-IA, there would be a cap of $250,000 on non-economic damages for civil malpractice cases involving elderly and dependent adults. While California has a similar cap, it does not apply to lawsuits involving negligence and abuse toward the elderly and dependent adults. Lawmakers stress that the bill is intended to reduce healthcare costs and increase access to healthcare – it is even named “Protecting Access to Care Act of 2017.” Since the federal government is adversely affected by malpractice lawsuits for individuals insured through Medicare, legislators estimate it could save the government $62 billion in the next 10 years. However, many healthcare providers and attorneys feel this law would take away a crucial protection against elder abuse and interfere with state’s rights.

Elder Protection Issues in HR 1215

As David R. Cohen of Stark and Stark pointed out, civil lawsuits are one of the only ways elderly individuals and their families have to recover after an elderly person or dependent adult is significantly injured or killed due to negligent, reckless, or intentionally harmful medical care. Civil cases enable victims and their families to be reimbursed for their expenses and compensated for their pain and suffering, which can be severe in elder abuse situations. These civil cases also serve to make fraud in nursing homes and other care organizations known to the public, increase accountability, and improve the quality of care adults receive.

Latest Listeria Outbreak Turns Deadly, FDA and CDC Investigating

March 17, 2017 | Gregory J. Brod

Since January 31, the U.S. Food and Drug Administration and the Centers for Disease Control and Prevention have been investigating an outbreak of Listeria monocytogenes. The foodborne outbreak linked to Vulto Creamery products has so far caused six people to fall ill across four states, leading to two fatalities. Originally Vulto’s Ouleout cheese appeared to be the issue. However, the company expanded its voluntary recall on March 10 to include all of its products on the market, including Hamden, Heinennellie, Miranda, Walton Umber, Willowemoc, Andes, and Blue Blais. These cheeses have been distributed across the U.S., including in California.

What is Listeria?

Listeria monocytogenes is a bacteria that causes serious illness in individuals and can even lead to death. Fatalities are most common in young children, the elderly, and individuals with previously compromised immune systems. Elderly individuals often develop sepsis, meningitis, or encephalitis from listeriosis. It is particularly an issue for pregnant women. This bacterial infection can lead to miscarriage, premature labor, still birth, and illness or death of a newborn. According to the CDC, listeriosis causes fetal loss in about 20% of cases and newborn death in about 3% of infections.

My Landlord Raised the Rent by 50%. Is that Legal?

March 15, 2017 | Gregory J. Brod

Whether or not your landlord can raise your rent and by how much depends on your rental unit and whether it is covered by the San Francisco Rent Ordinance. If you received notice of a massive rent hike on your unit, do not hesitate to reach out to an attorney for answers to your questions. You can contact the San Francisco Rent Board, San Francisco Tenants Union, or an experienced San Francisco tenant rights attorney at Brod Law Firm.

Whether Your Unit is Covered under the SFRO

Your rental unit is covered by the SFRO if it was built before 1979 and has at least two residential units. Buildings that were certified for occupancy after June 13, 1979 are exempt from the Rent Ordinance. This means if you live in an older building, it is probably rent controlled. If you live in a new building, it is likely not rent controlled.

Cockroaches Have Invaded My Apartment. What Can I do?

March 13, 2017 | Gregory J. Brod

Where there is one cockroach, there are bound to be many more. These hard-to-kill insects, also called water bugs, reproduce easily and quickly. A female can produce hundreds of new cockroaches each year and the insects can live off of almost anything. It is no wonder that once a cockroach gets into your apartment, it quickly turns into an infestation that requires professional treatment. If you are a tenant and you begin noticing cockroaches in your apartment, it is time to go to the landlord. Your landlord has a responsibility to maintain your rental unit so that it is safe and habitable. An untreated cockroach infestation makes your apartment unlivable, giving you a couple of legal options.

The Implied Warranty of Habitability

The implied warranty of habitability is a promise given by California law that your rental unit will be safe and livable. It also includes the promise that the landlord must maintain the premises in a safe, working, livable condition, which means fixing problems as they arise. This warranty is not a part of your lease. It exists no matter what your oral and written lease says. If the landlord breaches this promise and your apartment becomes unlivable, you may have the right to fix a problem yourself and deduct the cost from rent, move out without a financial detriment, or sue the landlord for compensation.

A Multi-state Outbreak of E. Coli Affects California

March 10, 2017 | Gregory J. Brod

As of March 7, the SoyNut Butter Company has recalled all I.M. Healthy SoyNut butter and I.M. Health Granola due to contamination. According to the Food and Drug Administration, these products have Shiga toxin-producing E. coli bacteria. The company previously announced a voluntary recall of its I.M. Healthy Original Creamy SoyNut Butter, but additional illnesses and investigations led to an expansion of the recall to include the chunky, honey cream, unsweetened, and chocolate varieties. The granola comes in original, apple, blueberry, and raisin and cranberry, which are all subject to the current recall. All sizes of these products should be immediately thrown away.

Reported Illnesses

The U.S. Centers for Disease Control and Prevention are investigating 16 illnesses linked to the SoyNut Butter Company products across New Jersey, Maryland, Virginia, Wisconsin, Missouri, Washington, Oregon, Arizona and California. The first six states have one illness each, while Oregon has two reported illnesses and California and Arizona each have four.

National Health Care Decisions Day Coming Up on April 16-22

March 8, 2017 | Gregory J. Brod

National Health Care Decisions Day (NHDD) has become a week-long event held from April 16 through 22. The purpose of this event is to encourage adults across the U.S. to learn more about planning for their future healthcare needs, including drawing up advanced directives. Without knowledge regarding advanced directives, elderly individuals and their families can find themselves in difficult positions. Loved ones may not have the power to make necessary medical and financial decisions or may not know what their elderly family member would want. Without considering future situations and taking the legal steps to solidify what individuals want for their future care right now, it may end up being too late.

NHDD is More Than Information

NHDD is more than an informative week, which could fall short of being actually helpful for most individuals. Between April 16 and 22, both public and private health care providers across 50 states will offer free and simple-to-use tools for individuals and their families to learn about and create advanced directives. The information and tools also facilitate discussions amongst family members about what they want or need if they were to become physically or mentally incapacitated. Organizations like AARP, the American Bar Association, Livestrong, Supportive Care Coalition, and the Human Rights Campaign participate.

California Assembly Reviews AB 291: Immigrant Tenant Protection Act of 2017

March 6, 2017 | Gregory J. Brod

With the current political climate in the U.S., it is becoming more important for states to protect immigrant and minority populations from harassment and discrimination. That is why California Assemblymember David Chiu (D-San Francisco), along with other California leaders, announced AB 291, known as the Immigrant Tenant Protection Act of 2017. This bill, if made into law, would offer protections for immigrants from landlords who would have the power to disclose the tenant’s legal immigration status to the authorities. Under the law, landlords would not have the right to disclose this information for any reason or threaten to do so.

Why Legislators Feel AB 291 is Necessary

Current law bars landlords from asking about a tenant’s immigration status. There are also laws to protect tenants from discrimination, harassment, and retaliation by their landlords. However, these statutes do not stop landlords from assuming a person’s status based on his or her race, country of origin, religion, spoken language, or more. Legislators realize in the current climate, questionable landlords could use a person’s undocumented immigration status as leverage against the tenant. Immigrants are particularly at risk for intimidation and retaliation based on their legal status. Landlords may use or threaten to use this information to get tenants to vacate the premises or pay more rent. That is why a bill specifically addressing this issue has been introduced.

Sexual Assault Victims May Bring Civil Cases Against Abusers

March 3, 2017 | Gregory J. Brod

The University of California recently released information stating it investigated 113 cases of sexual misconduct filed against faculty or staff across its 10 campuses between Jan. 1, 2014 and April 6, 2016. The information provided is troubling, particularly in light of the sexual assault epidemic occurring across the nation’s university campuses. Sexual offenses such as harassment, assault, and rape lead to significant physical and emotional injuries, yet U.S. colleges and universities are coming under fire for doing little to prevent sexual violence, improperly investigating claims of assault, and not punishing the perpetrators.

When students who are victims of sexual assault cannot turn to their schools for help, they may not know where to go. If they suffered injuries, they should contact a San Francisco injury lawyer from Brod Law Firm as soon as possible. They may have a civil claim for monetary damages based on sexual abuse or assault.

University of California’s Sexual Misconduct Statistics

If You Believe Your Elderly Loved One Was Sexually Assaulted, Take Action Now

March 1, 2017 | Gregory J. Brod

It is impossible to give a specific figure, yet it has become clear to investigators and lawmakers that the country’s elderly are being physically and sexually abused in astounding numbers. Elderly women, in particular, are at risk of being sexually abused by caretakers due to a decrease in their physical and mental capabilities. Meanwhile, nursing homes and care providers are doing little to protect their residents from sexual abuse or to ensure perpetrators are apprehended and prosecuted. Elderly people’s accusations of sexual assault are often dismissed as hallucinations or unbelievable due to medical conditions or side effects of medications. Other times allegations are incredibly difficult to investigate when physician and mental deficiencies make it hard to identify or describe the attacker, even when they are believed. More egregiously, some nursing homes have been found to purposefully turn a blind eye or protect attackers to avoid a scandal.

If you believe your loved one has been sexually abused at a nursing facility, contact a San Francisco elder abuse attorney at Brod Law Firm immediately to ensure your loved one is taken care of, living somewhere safe, and has the ability to seek justice.

California’s Sexual Assault Laws