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IMPORTANT NOTICE: Real Estate Exams and COVID-19


The Department of Real Estate (DRE) is cancelling real estate salesperson and broker license exams in all exam centers through April 30, 2020. This action is being taken to comply with state and local public health agencies ordering residents to shelter in place to slow the spread of COVID-19.

Examinees affected by these cancellations will be notified by email and will be allowed to reschedule their canceled exam dates using DRE’s eLicensing system. Exam rescheduling fees will be waived for canceled exams.

Examinees with questions or concerns regarding canceled exams can contact DRE’s Licensing program at (877) 373-4542 or by email at [email protected].

MLS/NAR Clear Cooperation Policy


In this video, CRMLS CEO Art Carter speaks on the NAR Clear Cooperation Policy, what is being done with the feedback received from real estate professionals in our MLS community, and a little about how CRMLS is addressing the policy.

CRMLS welcomes your feedback on Clear Cooperation. Please email them at [email protected] with your thoughts.

Courtside Real Estate: Fair Housing Regulations: Consideration of Criminal History


BY: JOHN V. GIARDINELLI, ATTORNEY AT LAW | OF COUNSEL
CODY J. BELLMEYER, ATTORNEY AT LAW

Under the recently released Fair Housing Regulations (“Regulations”), the Department of Fair Housing and Employment (“DFEH”) clarified what a landlord can consider when screening their potential tenants. These Regulations are incredibly important to both landlords and property managers as they are likely to effect current screening tenants for prospective tenants.

Generally, the Regulations prohibit the use of criminal history Information if the use of information results in a discriminatory effect, amounts to intentional discrimination, constitutes a discriminatory statement, or it otherwise creates a discriminatory practice. Essentially, landlords and property managers cannot establish or maintain an applicant screening process which amounts to a blanket ban against renting to any person with a criminal record and cannot consider any prior arrests which did not lead to a conviction. Criminal history is broadly defined under the regulations as “any record that contains individually identifiable information and describes any aspect of an individual’s criminal history.”

Although landlords cannot use criminal history to discriminate against tenants, the landlord may be able to avail themselves to an exception if they can demonstrate, among other things, that they have not violated the regulations by demonstrating that the landlord has a legally sufficient justification for a practice of seeking or otherwise considering information which has a discriminatory effect. Additionally, nothing in the Regulations prevents landlords from establishing a policy which permits individual assessments of the types of convictions. However, by default, the law prohibits a person from seeking, considering, using, or taking an adverse action based on criminal history information.

While the Fair Housing Regulations establish new laws relating to criminal history information, a person may also be subject to local laws and ordinances which provide additional limitations. If landlords consider the criminal history information for purposes of denying tenants, they should seek counsel or carefully review their local ordinances to determine what restrictions apply to their properties.

Supra Maintenance Notification – January 28


Dear Valued Customer,

On Tuesday, January 28th starting at 8:00pm PST and ending at 11:00pm PST, Supra will be conducting routine maintenance at our data center and services will be unavailable for short periods during this time.

How will Updates be Available?

·         SupraWEB

·         KIM Voice (888-968-4032)

What will NOT be Working?

·         SupraNET

·         SupraWEB (only available for update codes)

·         KIM Voice (only available for update codes)

·         Automated Phone Payments (IVR system)

·         ActiveKEY Automatic Updates

·         DisplayKEY eSYNCs

·         eKEY Syncs and Wireless Updating

What WILL be Working?

·         SupraWEB (update codes only)

·         KIM Voice (update codes only)

Thank you,

Supra Support Team

Courtside Real Estate: New Fair Housing Regulations: What You Need to be Aware of in 2020


BY: JOHN V. GIARDINELLI, ATTORNEY AT LAW | OF COUNSEL
CODY J. BELLMEYER, ATTORNEY AT LAW

What are the most important laws to keep in mind for property managers and landlords at the start of the new year? The answer to this question tends to vary. Some may comment “Rent Control”, while others may begin to discuss minimum wage increases and AB 5. In the midst of the avalanche of new laws from the California Legislature, the new Fair Housing Regulations, which are effective as of January 1, 2020, are often overlooked. The new Regulations are extensive, detailed, and cover a wide variety of topics. These new Regulations address Service Animals and Assistance Animals; establish permissible questions for service animals; address the landlord’s ability to use criminal history and acts in considering tenants; establishes reasonable accommodation as it relates to unlawful detainer actions; and addresses discrimination in housing.

It is of the utmost important that individuals set aside appropriate time to analyze the Regulations, assess their internal policies, and modify their practices as necessary to ensure they comply with the new Regulations. The Regulations clarify duties as they relate to protected classes, define liability for discriminatory housing practices, address financial assistance obligations, address harassment and retaliation, establish residential real estate practices with discriminatory effects, clarify discriminatory land use practices, clarify reasonable accommodations, establish Regulations for assistance pets, and outline the types of information which a landlord may rely on when considering tenants.

While the above list is not exhaustive, it aims to provide a thousand mile overview of some of the broad and important topics which are included in these new Regulations. With numerous other housing laws going into effect, landlords and property managers should ensure they are allocating sufficient time to understanding these new Regulations. Due to the depth of the new Regulations, we suggest that property managers and landlords independently assess the new Regulations, attend a training at their local REALTORS® association, and consult legal counsel to ensure their policies and practices are compliant with the Fair Housing Regulations in the new year.

New Laws: The 2020 Real Estate Laws You Should Know – The Courtside Newsletter


BY: JOHN V. GIARDINELLI, ATTORNEY AT LAW | OF COUNSEL
CODY J. BELLMEYER, ATTORNEY AT LAW

The California legislature passed a series of new laws which Real Estate Broker and Agents should be aware of as the industry moves into the new-year. While a majority of the laws go into effect on January 1, 2020, some laws became active as recently as September 2019. Thus, it will be important to quickly assess your practices to determine if you are complying with the new laws. Administrative regulations are sure to follow. These laws are briefly addressed here for purposes of providing an overview of some of the important laws for the coming year.

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Courtside Newsletter: Assembly Bill 1482: Rent Caps & Just Cause Evictions


October 2019

BY: JOHN V. GIARDINELLI, ATTORNEY AT LAW
CODY J. BELLMEYER, ATTORNEY AT LAW

Recently, Governor Newsom signed into law Assembly Bill 1482. For those who may not yet know, AB 1482 adds new Civil Codes, sections 1946.2, 1947.12, and 1947.13, which establish a Rent Cap and Just Cause eviction. While this article provides information related to this new law, it is of the utmost importance that landlords, property managers, and tenants subleasing their properties consult legal counsel to address their individual concerns as the law is complex and ambiguous.

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ADA Website Compliance: Changing Case Law Imposes New Responsibility for Agents & Brokers


BY: JOHN V. GIARDINELLI, ATTORNEY AT LAW
CODY J. BELLMEYER, ATTORNEY AT LAW

The California Court of Appeal recently decided Thurston v. Midvale Corp which addressed website compliance as it relates to ADA and the Unruh Civil Rights Act. In summary, the Plaintiff, Thurston, was blind and used a screen reader software to access the internet. Thurston sued a Los Angeles restaurant, The Whisper Lounge, based on the fact that her software was unable to read the menu or make reservations on the website.

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AB 5 Passed Out of Senate as Ninth Circuit Depublishes Vasquez Decision


BY: JOHN V. GIARDINELLI, ATTORNEY AT LAW | OF COUNSEL
ASHLEY A. RICHARDSON, LAW CLERK

Tyler & Bursch, LLP Logo

Assembly Bill 5 (Gonzalez) has passed out of the Senate Labor, Public Employment and Retirement Committee, bringing those in the employment industry and employees one step closer to clarity regarding independent contractor status. AB 5 is in response to Dynamex Operations West, Inc. v. Superior Court, wherein the Court created a new “ABC” test as a standard for determining independent contractor status. Pursuant to this test, “a worker is properly considered an independent contractor, to whom a wage order does not apply, only if the hiring entity establishes:

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