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Saturday, June 22, 2024

Settlement reached over unlawful tenant evictions in Yuba County

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Attorney General Rob Bonta | Facebook Website

Attorney General Rob Bonta | Facebook Website

California Attorney General Rob Bonta announced a settlement with two individual landlords and their property management company, Bosanek Enterprises (doing business as Heritage Property Management Services), to resolve allegations of unlawful evictions in Marysville. These actions were found to violate California’s Tenant Protection Act (TPA). The TPA, co-authored by Bonta during his tenure as a state assemblymember and signed into law by Governor Gavin Newsom in 2019, provides statewide tenant protections, including limits on rent increases and prohibitions against unjust evictions.

Effective April 1, 2024, Senate Bill 567 (SB 567) further strengthened the TPA's provisions, introduced new remedies for violations, and empowered city attorneys and county counsel to enforce the TPA directly. As part of the settlement announced today, defendants will pay $40,500—$36,500 in restitution to three affected tenants—and take specific actions to ensure future compliance with the TPA.

"Millions of Californians are struggling to keep a roof over their heads. Today’s settlement underscores my office’s ongoing commitment to protecting renters," said Attorney General Bonta. "We will continue to investigate and pursue violations of the Tenant Protection Act when appropriate."

The California Department of Justice launched an investigation following a credible complaint from California Rural Legal Assistance regarding potentially unlawful evictions. The investigation revealed that one landlord issued an eviction notice under false pretenses, claiming just cause due to the landlord’s uncle intending to move into the unit—a relative not covered under the TPA. No relative moved in, and the unit was subsequently rented at a higher rate.

Another landlord issued two eviction notices citing substantial remodeling as just cause for eviction. However, the remodeling did not meet the substantial criteria outlined by the TPA that would justify eviction. Following these evictions, rents were significantly increased for both units.

Under today's settlement—pending court approval—the defendants will:

- Pay $36,500 in restitution.

- Pay $4,000 in penalties.

- Adhere to injunctive terms designed to prevent future misconduct through reporting obligations and training requirements on state rental housing laws.

Attorney General Bonta has consistently enforced the TPA. In February 2024, he secured settlements involving similar violations in Bakersfield and with Invitation Homes concerning rent increases on approximately 1,900 homes. In June 2023, he settled with Green Valley Corporation over unlawful rent increases and eviction notices.

The Housing Justice Team at the California Department of Justice encourages Californians to report housing-related complaints or tips via email at housing@doj.ca.gov. Tenants seeking legal assistance can find resources at www.LawHelpCA.org.

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