Attorney General Bonta Alerts City Attorneys and County Counsel of New Enforcement Authority under the Tenant Protection Act

OAKLAND — California Attorney General Rob Bonta today issued an information bulletin to city attorneys and county counsel, reminding them of their new enforcement authority under California’s recently amended Tenant Protection Act (TPA). Co-authored by Attorney General Bonta during his time as a state assemblymember, the TPA was signed into law by Governor Gavin Newsom in 2019. It created significant statewide protections for most tenants, including by limiting rent increases and prohibiting landlords from evicting tenants without just cause. Effective as of April 1, 2024, Senate Bill 567 (SB 567) strengthens the TPA’s protections, creates new remedies for violations, and gives all city attorneys and county counsel express authority to enforce the TPA directly.   

“The Tenant Protection Act is a powerful tool that my office has used to protect renters from unscrupulous landlords. Thanks to SB 567, all city attorneys and county counsel now also have the express authority to enforce the Tenant Protection Act, and I encourage them to do so,” said Attorney General Bonta. “My office stands ready to offer assistance to any city attorney or county counsel that may need it — we all have a role to play in keeping Californians secure in their homes.” 

The TPA prohibits landlords from evicting tenants without just cause. SB 567 imposes requirements designed to prevent landlords from falsely claiming a just cause basis for eviction. The TPA also prohibits landlords from raising rent more than 10% total or 5% plus the percentage change in the cost of living, whichever is lower, over a 12-month period. Earlier this year, the California Attorney General’s Office published a consumer alert, available in 24 languages, with a chart outlining the maximum rent increase currently allowed under the TPA. Under SB 567, landlords who violate the TPA may be liable to tenants for damages, attorneys’ fees and costs, and other relief.

In today’s information bulletin, Attorney General Bonta underscores that:

• City attorneys and county counsel may, in the name of their city or county, seek injunctive relief based on violations of the TPA for rental units within their jurisdiction. This new authority is in addition to any other existing authority city attorneys and county counsel have to enforce violations of landlord-tenant laws, such as local ordinances or, if applicable, under Business and Professions Code section 17200.
• If they receive reports from tenants, legal aid organizations, tenant advocates, or other local officials about violations of the TPA, city attorneys and county counsel are encouraged to use their authority to investigate those reports and, if appropriate, file suit to seek an injunction on behalf of their city or county to stop misconduct they identify. 
• Injunctions are a powerful remedy. In addition to prohibiting unlawful conduct, courts have broad authority to impose affirmative injunctive terms on wrongdoers to ensure that their bad acts do not continue.

Attorney General Bonta is committed to protecting tenants. On February 28, 2024, he secured a settlement with two Bakersfield landlords and their property management company to resolve allegations that they violated the TPA and the Fair Employment Housing Act by unlawfully evicting tenants and raising rents. Furthermore, on January 8, 2024, he secured a settlement with Invitation Homes to resolve allegations that the company violated the TPA and California’s price-gouging law by unlawfully increasing rents on approximately 1,900 homes, as well as a settlement with Green Valley Corporation on June 14, 2023 to resolve allegations that the company violated the TPA by issuing unlawful rent increases to several of its employee tenants and serving unlawful eviction notices to a subset of those tenants. Attorney General Bonta also issued letters to California housing authorities making clear that tenants who receive Section 8 Housing Choice Vouchers are protected by the TPA and urging the housing authorities to not approve proposed rent increases for Section 8 voucher recipients that exceed state and local rent caps. Moreover, he issued legal guidance about steps law-enforcement officers should take to prevent and respond to unlawful lockouts and other illegal evictions. 

A copy of the information bulletin is available here.