Mountain View workshop outlines landlord habitability duties and tenant remedies under CSFRA

Andrea Kennedy, a Rent Stabilization Division staffer, and Jim Olsen, a multifamily housing inspector with the Mountain View Fire Department, told landlords at a Feb. 10 online workshop that landlords must keep rental properties habitable to lawfully raise rents under the Community Stabilization and Fair Rent Act (CSFRA).

Kennedy said habitability covers basic safety and habitability components — working plumbing and hot water, heating, secure windows and doors, and freedom from vermin — and pointed landlords to state law, including Civil Code section 1941.1, and local code standards for specific obligations. "You must maintain your property to a habitable standard in order to be able to increase your rent," she said.

Olsen described routine multifamily inspections and frequent violations the city sees. The inspection program covers roughly 16,000 units in more than 700 buildings, he said, with a sampling schedule of about every five years depending on building size. Exterior checks focus on stair safety, carport conditions and proper disposal of motor oil and hazardous materials; interior inspections commonly find inoperable smoke and carbon monoxide detectors, overloaded electrical adapters and clogged dryer vents.

On detectors, Olsen recommended landlords label installation dates and replace units at end of life: "Those are 10-year battery [units]; if it beeps once every 60 seconds, it's time to get rid of it." He warned against three-prong-to-two-prong ground adapters and power strips plugged into extension cords, which he called fire hazards, and advised installing GFCIs where there is no ground.

Both staffers emphasized tenant-initiated inspections and remedies. Kennedy said tenants may request an inspection and use the resulting report to file a city petition seeking a rent reduction that covers the period from when the condition began until it is fixed. She also described the repair-and-deduct remedy — a tenant may pay for a repair and deduct the documented cost from rent (with limits such as use no more than twice per year and required written documentation).

Kennedy cautioned that tenants harmed by severe habitability failures can break a lease without liability or use noncompliance with CSFRA as a defense in unlawful-detainer proceedings. She urged tenants and landlords to document communications, include photos or video in move-in/move-out walkthroughs (now required at the start and end of tenancies) and to seek legal advice when appropriate.

Olsen raised repeated operational hazards: lint in dryer vents (which he said has led to about one dryer-vent fire in the city each year), grease buildup in range hoods, blocked egress caused by excessive storage, loose toilets that can leak into units below and clogged laundry backdraft vents. He said the city is preparing a one-page guidance sheet on charging and storing e-bikes and similar personal mobility devices after at least one fire where a scooter was present.

For compliance and records, Olsen referenced reporting tied to Senate Bill 721 and noted owners must retain inspection records for transactions such as refinancing or sale because the city does not hold a central repository of those reports. He also explained extinguisher tagging and the annual servicing expectations for fire alarm systems.

The workshop included a live question about a "mushy" bathroom floor inside a unit; Olsen responded that the fire department handles interior structural hazards and offered to follow up with the resident after the session.

Kennedy closed by listing resources for landlords: the multifamily housing inspection checklist, free mediation services, landlord help-center hours and upcoming workshops. She said the city will email the PowerPoint, recording and the inspection checklist to attendees.

The Rent Stabilization Division will continue outreach and distribute written guidance and contact information for owners and tenants.