Changing Prop 65 Requirements at Residential Rentals
April 16 2019
Landlords will soon face new Prop 65 warning requirements for rental properties. Physical Prop 65 warning signs will no longer be required as a general rule once the new rules take effect on July 1, 2019. Instead, warnings must be provided directly to the building’s tenants and occupants via one of three methods: 1) a letter addressed to each known adult occupant and delivered to the property; 2) an email sent to all known occupants; or 3) notice in the rental contract. If the warning is provided in the rental contract, only those tenants named in the lease are covered, and the landlord must use one of the two other methods to provide the requisite warning to other known occupants. Additionally, yearly warnings must be provided to all occupants following the initial notice. If the rental contract, or any other notices are provided to the occupants in a language other than English, the revised Prop 65 warning must be provided in that language as well. Though the new rules provide some relief for landlords, physical signs will still be required at enclosed parking garages and in designated smoking areas.
Landlords should work with their legal counsel to begin implementing these changes and ensure compliance by July 1.