Got a Tenant Claiming Habitability Problems? Know What to Do!

Got a Tenant Claiming Habitability Problems? Know What to Do!

California’s courts continue handing down million-dollar awards in habitability lawsuits alleging rental housing providers have failed to maintain ‘habitable’ properties. In some instances, faced with a potential lawsuit following receipt of a letter from a tenant lawyer, property owners try to avoid costly litigation by settling out of court for thousands of dollars of what may seem like extortion.

Insurers today have growing concerns about the spread of the habitability litigation trend, and they are adding exclusions to limit their risk. Brokers need to be aware of the impact habitability litigation and coverage restrictions can have on client property programs. To protect themselves, property owners need to take a proactive approach to maintenance of rental housing units and keep detailed records of that work. In addition, property owners need to be aware of the impact that potential litigation and coverage exclusions may have on property insurance policies.

Join us for this important update to learn the steps you need to take to steer clear of tenant habitability claims, and if you are served with a habitability claim lawsuit, learn the legal maneuvering and strategy you can deploy to seek coverage and avoid major liability.

Details

Date & Time:  Tuesday, October 28, 2025, from 11:00 A.M. – 12:00 P.M. (Noon)

How to Attend:  Exclusively for AAGLA Members, Logged In Users Can Register Using the “Register Now” Button

During this Webinar:

• Rental housing providers in California are facing a growing litigation risk that has caught the attention of insurers across the country.
• As California juries hand down million-dollar awards to tenants in lawsuits where it is alleged that landlords have failed to maintain ‘habitable” properties, insurers are taking steps to limit their exposure.
• Some carriers have already added exclusions for cockroach and bedbug infestations, and now broader, generalized habitability exclusions are becoming more common.
• More and more, local and state regulations allow for recovery of attorney fees in certain habitability claims, which are in addition to compensatory damages award. 
• The City of Los Angeles, among several California cities, provide for the payment of attorney’s fees as a component of any award for violation of applicable Rent Control Ordinances.
• The tripling of compensatory awards and the allowance for attorneys’ fees are far more onerous than those instituted by many other cities.

WARNING: THE INFORMATION PROVIDED DURING THIS WEBINAR IS FOR GENERAL INFORMATION PURPOSES ONLY. ABSOLUTELY NO LEGAL OR TAX ADVICE IS BEING GIVEN DURING THIS SEMINAR.  BEAR IN MIND THAT EVERY SITUATION IS UNIQUE, AND THE LAWS, RULES AND REGULATIONS ARE SUBJECT TO CHANGE AT ANY TIME.  SO, BEFORE ACTING, BE SURE TO OBTAIN TAX AND/OR LEGAL ADVICE FROM YOUR LICENSED PROFESSIONAL.

Presenter:

David Canter, Partner, Nicolson Law Group:

The lion’s share of Mr. Canter’s current practice focuses on representing property owners and property managers in the defense of claims asserting breach of the warranty of habitability, breach of the covenant of quiet enjoyment, negligence, and private nuisance. With 35 years of experience, Mr. Canter has successfully represented individuals and businesses, varying in size from independently owned local companies to publicly traded national corporations. He has litigated matters involving habitability claims, property disputes, short-term health insurance plans, insurance defense, insurance bad faith, first-party property loss, commercial transportation, premises liability, construction defect, assault and battery, defamation suits, wrongful termination, misappropriation of trade secrets, breach of contract, mortgage repurchase litigation, business disputes, fraud, breach of fiduciary duty, ADA compliance, nuisance abatement and law enforcement/internal affairs investigations.

Throughout his career, Mr. Canter’s well-balanced approach remains the same: provide his clients with candid and thoughtful evaluation of claims and defenses; counsel his clients on the costs and benefits of each stage of litigation; communicate professionally and in good faith with his adversaries; and always zealously represent his clients’ interests through the conclusion of the matter. Mr. Canter is a member of both the Association of Southern California Defense Counsel, and the Colorado Defense Lawyers Association.

Moderator: 

Daniel Yukelson, Executive Director (CEO), Apartment Association of Greater Los Angeles:

Daniel Yukelson is currently the Executive Director and Chief Executive Officer of The Apartment Association of Greater Los Angeles (AAGLA).  As Certified Public Accountant, Yukelson began his career at Ernst & Young, the global accounting firm, and had served in senior financial roles principally as Chief Financial Officer for various public, private and start-up companies, including as Chief Financial Officer of Premiere Radio Networks, the largest U.S. radio network and now subsidiary of iHeart Media, and as Chief Financial Officer of Oasis West Realty, the owner of the Beverly Hilton and Waldorf Astoria Beverly Hills.  He is a former planning commissioner in the City of Beverly Hills and had served as Chairperson.

Title Sponsor:

Real Estate Transition Solutions

Real Estate Transition Solutions (RETS) is a consulting firm specializing in tax-deferred 1031 Exchange strategies and Delaware Statutory Trust investment property. For over 26 years, we have helped investment property owners perform successful 1031 Exchanges by developing and implementing well-planned, tax-efficient transition plans carefully designed to meet their objectives. Our team of licensed 1031 Exchange Advisors will guide you through the entire process, including help with selecting and acquiring passive management replacement properties best suited to meet your objectives. To learn more about 1031 Exchanges and Real Estate Transition Solutions, visit www.re-transition.com/aagla or call us at (866) 352-3354.

Presenting Sponsor:

Mold Solutions SoCal

The team at MOLD SOLUTIONS SOCAL, servicing Los Angeles, are trusted experts for comprehensive mold remediation and testing services. As professional mold removal experts, they offer a full range of services including mold inspection, mold testing, mold mitigation, and mold cleanup. Their patented Dry Fogging process by Pure Maintenance safely treats mold, often without the need for demolition, ensuring the safety and health of your property.  MOLD SOLUTIONS SOCAL provides emergency mold removal, black mold removal, and mold abatement, utilizing advanced mold detection, assessment, and air testing techniques.  The dedicated team of mold experts at MOLD SOLUTIONS SOCAL is here to offer reliable mold remediation services. For more information, call Mold Solutions SoCal at (866) 837-2004 or email info@moldsolutionssocal.com, or go to their website at https://www.moldsolutionssocal.com/.