Category: Law

Selling A CA Home In 2024? Know The New Disclosure Law (AB 968)

As 2024 unfolds, if you’re a California resident involved in buying or selling a single-family home, there’s a new law you need to be aware of. This blog post specifically focuses on Assembly Bill (AB) 968, which introduces important disclosure requirements for sellers that take effect on July 1, 2024.

What Does AB 968 Mean For You As A Seller?

• Details of any major changes made to the property – this includes room additions, structural modifications, alterations, or repairs done by a contractor since you became the owner.
• Contractor information – this includes the names and contact details of any contractors involved in the mentioned modifications, as provided to you by the contractor.

Alternative Fulfillment

Instead of providing individual details for each modification, you can offer a comprehensive list of all contractor-performed modifications, including their contact information.

Permit Disclosure

• If you have copies of any permits obtained for the work done – you must provide those copies to the buyer.
• If you didn’t receive permit copies from the third party who did the work – you can fulfill the requirement by informing the buyer that:
  • Permit information might be available from the third party.
  • Providing the contact details of the third party.

Impact on “Flippers”

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Last year, California Governor Gavin Newson signed several major laws passed by the state legislature. These bills, all of which went into effect January 1, impact a wide range of California residents, including business owners, employees, non-profit institutions, and even some Mexican residents looking for access to more affordable education.
Here are some of the changes you can expect to see in 2024. 

Extended Sick Leave  

Until recently, California law only required employers to provide employees three days (24 hours) of paid sick leave. As of January 1, California workers are entitled to five days (40 hours) of paid sick leave.

It’s worth noting that this change only extends to employees who have worked for the same employer for at least 30 days. The law applies to the following employees: 

• Full-time
• Part-time
• Workers hired on an as-needed basis
• In-home supportive service providers
• And temporary employees

There are a few minor exemptions, but the law applies to most workers who meet the 30-day employment requirement. 

Protection For Recreational Marijuana Users

Late last year, Governor Newsom extended California’s Fair Employment and Housing Act (FEHA) with Senate Bill 700, a bill designed to protect workers from discrimination related to cannabis use. The bill prohibits employers from requesting information related to applicants’ prior use of marijuana.

In addition to Senate Bill 700, Assembly Bill 2188 further protects employees and applicants by prohibiting employers from:

• Discriminating against employees who use cannabis on their time, outside of work
• Taking adverse action against an employee who shows the presence of non-psychoactive cannabis metabolites (substances that do not cause a “high” or impair one’s ability to work)

There are some exceptions, however. The bill does not extend to construction workers and those applying to positions that require a federal background check or security clearance. 

More Access to Affordable Housing

It’s no secret—California has long ensured a housing shortage.

The new Senate Bill 4 bill opens up 170,000 acres of land for affordable housing, allowing non-profit colleges, churches, mosques, and other faith organizations to transform excess land and parking lots into affordable housing.

This new law allows qualifying institutions to bypass local permit restrictions to address California’s homeless crisis.

It’s also worth noting that Senate Bill 423 further strengthens affordable housing development by expediting approvals of affordable housing projects and introducing new labor standards that will make these projects more appealing to construction unions. 

In-State College Tuition For Some Mexican Residents

Nearly 170,000 people crisscross the California-Mexico border daily for work, school, or recreation. Assembly Bill 91 gives some individuals greater access to affordable education in the United States.

More specifically, the bill allows low-income students from Mexico who live within 45 miles of the border to pay in-state tuition at eligible community colleges. This five-year pilot program begins this year. 

Questions About How These New California Laws Impact You? We Have Answers.

These new changes have broad implications for many California residents and businesses. If you have questions about how they impact you, contact the experienced legal team at Hoffman & Forde. We specialize in immigration law, real estate, administrative law, and more and can help you successfully navigate these changes.  

There is no universally accepted definition of administrative law, but rationally it may be held to cover the organization, powers, duties, and functions of public authorities of all kinds engaged in administration; their relations with one another and with citizens and nongovernmental bodies; legal methods of controlling public administration; and the rights and liabilities of officials. 

Administrative law is to a large extent complemented by constitutional law, and the line between them is hard to draw. The organization of a national legislature, the structure of the courts, the characteristics of a cabinet, and the role of the head of state are generally regarded as matters of constitutional law, whereas the substantive and procedural provisions relating to central and local governments and judicial review of administration are reckoned matters of administrative law. But some matters cannot be exclusively assigned to either administrative or constitutional law.

In the United States, administrative law (or regulatory law) is a branch of public law that applies to federal as well as independent agencies. Administrative federal law defines the duties and responsibilities of executive branch agencies and independent agencies; when the executive, legislative, and judicial branches of federal government are unable to directly carry out their constitutional duties, federal- and state-level government bodies issue directives to monitor activities in complex areas.

In California, “[t]he Office of Administrative Law (OAL) ensures that agency regulations are clear, necessary, legally valid, and available to the public. OAL is responsible for reviewing administrative regulations proposed by over 200 state agencies for compliance with the standards set forth in California’s Administrative Procedure Act (APA), for transmitting these regulations to the Secretary of State and for publishing regulations in the California Code of Regulations.”

Administrative Procedure Act

The Administrative Procedure Act (APA) enacted June 11, 1946, is the United States federal statute that governs the way in which administrative agencies of the federal government of the United States may propose and establish regulations and grants U.S. federal courts oversight over all agency actions. It is one of the most important pieces of United States administrative law, and serves as a sort of “constitution” for U.S. administrative law.

Hoffman & Forde’s Administrative Law Firm Services

Our team of attorneys are experienced defending professionals from malpractice claims, regulatory complaints and licensing board hearings in California. Our attorneys bring years of success to administrative and professional licensing law having represented every kind of licensed professional including medical personnel, real estate agents & brokers, accountants, engineers, contractors, social workers, insurance brokers, and fiduciaries. Business owners & managers are subject to the influence of government and the law in the workplace. When facing reproval, penalties, fines, probation, suspension, revocation or even a lifetime ban trust our attorneys to defend your license and your livelihood.

Your Southern California Administrative Law Attorneys

At Hoffman & Forde, our attorneys are experienced California administrative law attorneys, and we defend licensed professionals and businesses before the Medical Board, Department of Insurance, Department of Real Estate and other California licensing agencies. We have many years of administrative hearing experience before the Office of Administrative Hearings (OAH), as well as license defense experience in other administrative law forums.

As a boutique law firm, we have experts across disciplines and relevant industries. With our creative solutions, your estate plan will be tailored to you and your goals. Invest in legal advice and set up your family for the future for peace of mind. Call us today for a consultation.

The USCIS is fee funded unlike other government agencies. After their biennial fee review, the agency is adjusting their fees “to help meet operational needs.” People seeking naturalization as US citizens, or those who wish to travel and work here can expect an increase in their fees. The Department of Homeland security announced that this increase will be effective starting October 2. This final rule increases fees by a weighted average of 20% and it affects a few things:

• Removal of certain fee exemptions
• Changes in fee waiver requirements
• Premium processing time limits
• New fees for certain immigration benefit requests
• Establishing multiple fees for nonimmigrant worker petitions
• Limiting the number of beneficiaries for certain forms 

(Source)

Additionally, the USCIS notes that “[a]ny application, petition, or request postmarked on or after this date must include payment of the new, correct fees established by this final rule.” The final rule also increases fees for employment-based nonimmigrant visa applications; however, fees for employment-based visas will decrease from $700 to $555. Most fee waivers are also eliminated for low-income immigrants who qualify.

While the changes eliminate most fee waivers, it adds a new asylum application fee, and requires separate fees for adjustment applications. The rise in fees is on par with the agency’s last adjustment, but the 20% bump is still significant.

How Our Immigration Lawyers Assist Clients

No matter your status or goals for immigration, our immigration attorneys at Hoffman & Forde can assist you with a variety of legal services. Hoffman & Forde represents individuals, businesses, and even corporations for various immigration cases. Our attorneys can assist clients with the following:

• Permanent residency
• Employment-based visas
• National citizenship
• Deportation defense
• Citizenship applications
• Employment-based visas
• Investor-based visas
• Family green card petitions
• Green cards through marriage 
• Waivers
• Consular processing

The immigration process can be complex. There are many moving parts but our experienced attorneys ensure that you have quality representation throughout the process. We work closely with our clients to provide thorough case assessments and present the best proposals for your legal status.

Your Southern California Immigration Attorneys

Hoffman & Forde is here to help you achieve the American Dream. If you are undocumented in this country, remember that you still have rights and we’re here to defend them. We help clients in San Diego, Los Angeles, and Orange Counties to stay on track of crucial information and deadlines, as well as assist with completing and submitting all the necessary paperwork. As our client, you can with first-class legal service, high-level attention, and a sophisticated approach to problem-solving that utilizes time-sensitive, practical legal advice.

If you need legal assistance with your immigration process, please contact us today for a consultation.