June 2022 Apartment News Magazine

SACRAMENTO REPORT B y R on K ingston

Legislature’s “LANDLORD” Wordplay, Wit or Weapon? “A good name is to be chosen rather than great riches…” — Proverbs 22:1

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ou may be aware that in recent years the California legislature has gone to great lengths to set standards that substantially rebalance the bargaining power of those who pay for possession of residential rental housing. You would be shocked and appalled, however, to discover that the legislature’s secret weapon is preying upon your “good name.”

So, what’s in a name?

A name is an identity, a reputation, a community, or a brand. In today’s current climate, a name has the power to catapult a career to stardom or scorch the earth underneath it, causing its barren demise. As mentioned in last month’s article, the term “landlord” can be traced back to the feudal system where land owned by a Lord of the Manor was provided to a “tenant” to live and cultivate in exchange for loyalty; the entire system was developed based on class and social

rank with a goal of gaining great riches. However, the progress of human beings over a millennium caused the extinction of a feudal governmental system and witnessed the rise of a democratic one. In California, there are 160 years of law surrounding the terms of “landlords” and “tenants”. Over time even unnecessary or superfluous changes have been made to these terms; in fact, there are approximately 25 different terms used to define the terms “landlord” and “tenant.” Most of these confusing terms are simply the product of inconsistent drafting over the same number of years. Nevertheless, these terms are outdated. In the past decade, California politics has been reforming definitions of identity by giving them a flavor of neutrality, permitting broad categorization to replace terms now considered offensive with an intent to eliminate antiquated and inequitable rules of law, and to bring the law of this state into harmony with modern conditions.

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Apartment News

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June 2022

In fact, the legislature has recognized the term “lessor” as another term that is used instead of “landlord.” Over the past few years, the legislature has in many, but not all cases, replaced the term “landlord” with “lessor” in the Civil Code that focuses on the hiring of real property. Yet, when legislators campaign for reform to benefit the “tenant,” the only term used is “landlord” when describing the inequality between “landlords” and “tenants” — nor any of the borage of terms the law uses to reference a “landlord.” • Homeowner • Housing owner • Landlord • Landlord of a residential dwelling unit • Lessor • Owner • Owner of a residential dwelling unit