California Housing Law: AB 628 Updates Apartment Habitability Standards

California Assembly Bill 628, which amends Civil Code § 1941.1, introduces a game-changing habitability requirement for residential rentals. Effective January 1, 2026, landlords must now supply both a working stove and refrigerator in every newly leased, renewed, or amended residential unit in California.

What the California Housing Law Requires

Stove & Oven

Landlords must provide a fully functional stove or oven, capable of safe food preparation.

Refrigerator

Landlords must supply a working refrigerator, able to safely store perishable foods.

These appliances are now part of basic habitability—alongside heat, plumbing, and weatherproofing—allowing a unit to be considered "tenantable".

Triggers: When It Applies

This requirement takes effect for leases that are newly executed, extended, or amended on or after January 1, 2026.

• Fixed-term leases in place at that date remain exempt until their next renewal.

• Month-to-month tenancies become subject as soon as any written change is made.

Tenant-Provided Refrigerators: Limited Opt-Out

AB 628 allows flexibility only for refrigerators—with strict conditions:

1. Voluntary Agreement: Tenant must opt-in to supplying their own fridge at lease signing.

2. Written in Lease: The lease must clearly document the tenant’s choice.

3. Right to Revert: Tenant may request landlord-provided refrigerator later, with 30 days’ written notice.

4. No Mandate: Landlords cannot require tenants to provide their own fridge.

5. Maintenance Responsibility: If tenant brings their own, landlord is not responsible for its upkeep.

Note: There is no opt-out for stoves or ovens—landlords must always provide those.

Recall Responsibilities

Landlords are required to repair or replace any stove or refrigerator subject to a manufacturer recall within 30 days of official notice.

This ensures tenant safety and compliance with appliance regulations.

Exemptions

Certain housing types are not covered by AB 628:

• Permanent supportive housing

• SROs (Single-Room Occupancy) with shared kitchens

• Residential hotels

• Facilities with communal kitchens (e.g. assisted living, dorms)
  

Why This Matters

AB 628 officially elevates stoves and refrigerators to essential habitability standards. Missing or malfunctioning units can now render a property untenantable, exposing landlords to legal and financial risks under California Civil Code § 1942.

What Landlords Should Do

1. Update lease templates to include appliance provisions and the BYOR (Bring Your Own Refrigerator) clause when necessary.

2. Track installation and recall dates and document maintenance activities.

3. Train staff and property managers to understand compliance rules and tenant rights.

   
   

Bottom Line

California Housing Law AB 628 is transforming rental standards, requiring landlords to provide stoves and refrigerators in nearly all leases from 2026 onward. While tenants can supply their own refrigerators by agreement, landlords must comply with appliance provision, maintenance, and recall duties. Proper lease language and recordkeeping are key to avoiding violations and protecting both tenants and property owners.

References:

• AB 628 amendment to Civil Code § 1941.1 [legiscan.com], [westpointp…operty.com]

• Summary of landlord-tenant responsibilities under AB 628 [widgetsway.com], [provestrealty.com]