Looking Forward In 2022

Looking Forward In 2022new year, 2022,

By: D. Keith Dunnagan, Esq.

January 4, 2022

Happy NEW YEAR!!

Every year we take an opportunity to look forward to the New Year and 2022 promises to be an interesting year. The question at the top of everyone’s mind is how long will these COVID restrictions remain a part of daily life? Towards the end of 2021, we began to see protests and demonstrations across world to government mandated COVID restrictions. Will broad populations continue to accept the restrictions? The early indications seem to suggest that the broader populations are tired of these restrictions and seek some normalcy in their lives.

At the federal level, mid-term elections in the fall will decide the fate if the Biden agenda for the rest of this term. With the Senate equally split and the House with a small democrat majority, the question is whether the chambers flip or not. Recent evidence suggests that the American population does not like one party to control both the legislative and executive branches of government. Will one or both of the legislative chambers flip in the midterm elections?

Closer to home in California and Nevada, the governors’ seats will up for election. Both have spent the bulk of their first terms dealing with the COVID pandemic. Suffice it to say, both have had their share of negative press as a result.

The outcomes of these elections will directly affect the legislation that comes from the State and Federal governments on a myriad of different issues so it is important to follow and participate in the electoral process. Legislation like the SECURE Act 2.0 or the Build Back Better Act (neither of which have passed) will certainly be impacted by the outcome of the midterm elections.

We also look at the laws at the State level. This year was active for sure. Housing has been a significant issue in California for many years. As prices continue to climb and supply sinks, it is becoming harder and harder for many to acquire their own homes. SB 9 and 10 look at zoning and development issues to allow multiple units on single-family properties in many more situations.

Emotional Support Animals (“ESA”) have been a hot topic in the rental world for years. AB 468 seeks to address some of the abuses of the ESA laws by requiring healthcare providers to provide support showing a client-provider relationship for at least 30 days prior to the issuance of documentation showing need for an ESA. More importantly, the law requires an in-person clinical evaluation of an individual seeking a support animal.

Under SB 60, violations of local short term rental restrictions can result in fines of up to $5,000. The way these laws are framed under this provision is aimed at tenants who violate the laws and not the owners themselves.

There are a lot of new laws coming into effect this year. Stick with us as we examine some of these major pieces of new laws in real estate, business, estate planning/probate, land use and more over the next several weeks.


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