Proposition 65 Update – New Safe Harbor Warnings for California Residential Rental Property

Jamie Sternberg, Esq.

May 2019

Recent changes to Proposition 65’s safe harbor warning guidelines may impact residential landlords.

  • Effective July 1, 2019, new Sections 25607.34 and 25607.35 will become effective. They require Proposition 65 warnings be provided to new tenants and other adult occupants (and again each year during the tenancy). The warnings must be in a specific format (which is new) and delivered in specific ways.
  • Additionally, effective August 30, 2018, new warning signs were required to be posted in:
    • enclosed parking facilities; and
    • designated smoking areas. California residential landlords should discontinue Prop. 65 signage and/or lease language that they previously utilized, and instead follow the safe harbor warnings specified in the new safe harbor warning guidelines.

California residential landlords should discontinue Prop. 65 signage and/or lease language that they previously utilized, and instead follow the safe harbor warnings specified in the new safe harbor warning guidelines.

Background

California requires businesses with ten or more employees to warn employees and the public regarding potential exposures to chemicals known to cause cancer, birth defects, or other reproductive harm. The California Office of Environmental Health Hazard Assessment (OEHHA) maintains and updates a list of chemicals requiring warnings. There are hundreds of chemicals on the list, available at https://oehha.ca.gov/proposition-65/proposition-65-list. Some of the Prop. 65 chemicals are contained in items common in residential buildings, such as automotive exhaust, building materials, fireplaces, tobacco smoke, and vinyl miniblinds manufactured before 1997.

Violating businesses can be fined up to $2,500 per day per violation.

 Additional Resources:

  • A Proposition 65 Notification form, which can be used to notify tenants of exposures to Proposition 65 chemicals, is available for $250.   Contact attorney Jamie Sternberg at (619)744-0863 or Jamie.Sternberg@kts-law.com to purchase it. Note that signage may also be required in enclosed garage facilities and designated smoking areas to ensure full compliance. Information about required signage is included in the detailed information package described above.
  • The new safe harbor warnings can be served by email.       A proof of service form that includes email service is available for $100. Contact attorney Jamie Sternberg at (619)744-0863 or Jamie.Sternberg@kts-law.com to purchase it.
  • For a consultation about Proposition 65, contact attorney Jamie Sternberg at (619)744-0863 or Jamie.Sternberg@kts-law.com. This service is provided on an hourly fee basis, and the hourly rate is $395.

Kimball, Tirey & St. John LLP is a full service real estate law firm representing residential and commercial property owners and managers. This article is for general information purposes only. While KTS provides clients with information on legislative changes, our courtesy notifications are not meant to be exhaustive and do not take the place of legislative services or membership in trade associations. Our legal alerts are provided on selected topics and should not be relied upon as a complete report of all new changes of local, state, and federal laws affecting property owners and managers. Laws may have changed since this article was published. Before acting, be sure to receive legal advice from our office. For contact information, please visit our website: www.kts-law.com. For past Legal Alerts, Questions & Answers and Legal Articles, please consult the resource section of our website.

 

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