California has implemented a new law aimed at clarifying the roles of landlords and tenants in the aftermath of natural disasters, such as recent fires that affected parts of L.A. County.
Governor Gavin Newsom signed Senate Bill 610 on Friday, establishing that landlords, rather than tenants, are responsible for cleaning rental homes that are damaged by disasters.
The legislation specifies that when natural disasters cause damage, it becomes the landlord’s duty to clear away hazards including mold, smoke, ash, asbestos, and water damage.
This law was created in response to confusion experienced by renters following the Palisades and Eaton fires earlier this year, which left many apartments laden with toxic ash while some landlords refused to facilitate the necessary clean-up.
As tenants found themselves unable to return home, the absence of clarity around their rights has been troubling, necessitating legislative intervention.
State Senator Sasha Renée Pérez, the Democrat who introduced the bill, highlighted that complaints from her constituents and investigative reports from LAist drove the bill’s creation.
Pérez remarked, “The reporting that you all had done over at LAist was also really helpful. We’re hearing directly from constituents and have heard all of these concerns. And here’s reporting from journalists in the Los Angeles area to further support these claims that I’m making that this is a major issue.”
An analysis presented to the Senate Judiciary Committee acknowledged LAist’s reporting and insights from the Los Angeles Times, illustrating that existing laws had left renters puzzled about how to ensure their homes were cleaned post-disaster.
In a notable case last month, L.A. County came to a legal settlement with tenants in Altadena, who asserted that county public health officials failed to provide adequate protection regarding post-fire cleanup in rental homes.
The county agreed to enforce cleaning requirements specifically for landlords.
A similar lawsuit also looms over Pasadena. Following the Eaton Fire, local health officials warned residents that ash falling into homes posed a health hazard and required professional remediation.
However, city code inspectors contradicted these warnings, assuring renters that the presence of ash did not violate habitability codes, as the codes did not mention ‘ash’ explicitly.
Officials in Pasadena advised tenants who were concerned about the cleanup to pursue legal action against their landlords.
According to Lisa Derderian, spokesperson for Pasadena, SB 610 will alter how city officials deliver information regarding tenant and landlord obligations surrounding such incidents in the future.
Derderian stated in an email to LAist, “This law makes important changes in the obligations of a landlord to the tenant that will play out in messaging. The city takes habitability concerns for any cause seriously and inspects accordingly.”
Similar inconsistencies were noted within the city of Los Angeles as well. During a meeting in February, L.A. housing official Robert Galardi told renters they were responsible for cleaning inside their own units.
This statement was later refuted by a spokesperson from the housing department who, when questioned by LAist, asserted, “landlords must remediate hazardous ash debris in rental units.”
SB 610 aims to eliminate the confusion generated by the gaps in existing laws that have affected tenant-landlord communications.
The law further stipulates that landlords must allow tenants to return to their units at the pre-disaster rental rate and mandates that landlords refund rental payments for the months that tenants could not occupy their homes.
Landlord groups expressed that most property owners have already shouldered the responsibility of cleaning their units.
Debra Carlton from the California Apartment Association conveyed that the new law does not fundamentally alter landlords’ obligations but serves to clarify them in the wake of natural disasters.
Carlton remarked, “This law reaffirms common-sense standards for addressing debris and smoke damage before a unit is reoccupied.”
Tenant advocates consider the passage of this law a significant victory, affirming that the obligation for cleanup resides with landlords who own the properties.
Katie Clark, an organizer with the Altadena Tenants Union—which was formed following the Eaton Fire—expressed that SB 610 effectively resolves the ambiguity surrounding these issues.
She emphasized, “This closes that gap. There is no nuance. There is no room for misunderstanding. [Ash] is absolutely now included in habitability questions.”
However, for some renters, this legislative change may have come too late.
Marah Eakin and Andrew Morgan, who were renting a home in Pasadena that suffered smoke damage from the Eaton Fire, have already given up on returning to their previous residence.
Despite testing they financed showing high levels of lead in the property, they described their landlord’s refusal to address the cleaning of their home.
Eakin noted, “We didn’t see an end in sight. For a while, we were moving every five days, every week, and that was terrible.”
The couple, alongside their two children, ended up relocating nine times before finally securing a long-term lease in Altadena in July.
Morgan expressed the emotional toll of such instability saying, “When they say that they miss the old house, some other old stuff, it’s just heart-wrenching.”
Trevor Barrocas, a property manager with Cornerstone R/E Management, informed LAist that Eakin and Morgan’s landlord had submitted a claim for remediation through California’s Fair Plan insurance program, which was initially denied.
He mentioned that the property has not yet been entirely remediated, but efforts continue.
Thus, while SB 610 marks a significant legislative advancement in orange county, its impacts may be too late for some current and former tenants still dealing with the aftermath of natural disasters.
image source from：laist
