Senate Bill 610 was enacted in response to catastrophic wildfires (such as the Palisades and Eaton fires) to clarify the rights and obligations of landlords and tenants following a declared disaster. It strengthens protections for those displaced by natural disasters and ensures hazardous cleanup is a landlord responsibility.

1. Landlord Cleaning Responsibilities

• Mandatory Cleanup: Clarifies that it is the landlord’s duty to remediate dilapidations caused by a disaster, including hazardous debris like mold, smoke residue, ash, asbestos, and water damage.
• Presumption of Untenantability: Establishes a legal presumption that a unit is “untenantable” (unfit for living) if disaster debris is present, until a public health official determines otherwise.

2. Rent Relief & Right of Return

• Rent Abatement: Discharged the tenant’s obligation to pay rent for any period during which they are unable to occupy the unit due to a disaster or mandatory evacuation order.
• Return of Advance Payments: Landlords must return advance rental payments if the tenancy is terminated due to the destruction of the property.
• Right of Return: Displaced tenants have the right to return to their prior unit at the prior rental rate once remediation is complete, unless the tenancy was lawfully terminated.

3. Mobilehome Park Protections

• Rent Increase Caps: Prohibits mobilehome park management from increasing rent by more than 3% + CPI (or 5%, whichever is lower) for 12 months following a declared emergency.
• Right of First Refusal: If a park is destroyed and management elects to rebuild, they must offer previous homeowners a right of first refusal to return.
• Vacancy Requirements: Management owning multiple parks must offer vacant spaces in other parks to homeowners displaced by the disaster.

4. Mortgage Forbearance

Legislative Context

This bill is part of the “Golden State Commitment” package designed to address the housing crisis exacerbated by natural disasters, ensuring that victims are not unfairly burdened by costs or permanently displaced from their communities.