Signed by Governor Gavin Newsom

Vote Smart's Synopsis:

Vote to amend and pass a bill that extends the eviction moratorium and provides rental assistance during the COVID-19 pandemic.

Highlights:

• Prohibits a housing provider, tenant screening company, or other entity that evaluates tenants on behalf of a housing provider from using an alleged COVID-19 rental debt as a negative factor to evaluate a prospective housing application or as the basis for refusing to rent a dwelling unit to an otherwise qualified prospective tenant (Sec. 4).

• Prohibits recovering possession of a dwelling in any action or proceeding, cause the lessee to quit involuntarily, increase the rent, or decrease any services within 180 days of any of the following (Sec. 5):

• After the date upon which the lessee has provided notice of a suspected bed bug infestation, or has made an oral complaint to the lessor regarding tenant ability;

• After the date upon which the lessee, in good faith, has filed a written complaint, or an oral complaint which is registered or otherwise recorded in writing, with an appropriate agency, of which the lessor has notice, to obtain a correction of a condition relating to tenant ability;

• After the date of an inspection or issuance of a citation, resulting from a complaint described in paragraph of which the lessor did not have notice;

• After the filing of appropriate documents commencing a judicial or arbitration proceeding involving the issue of tenant ability;

• After entry of a judgment or the signing of an arbitration award, if any, when in the judicial proceeding or arbitration the issue of tenant ability is determined adversely to the lessor.

• Prohibits any lessor or agent of a for violating the tenant’s rights or risk a civil action for all of the following (Sec. 6):

• The actual damages sustained by the lessee; or

• Punitive damages of not less than one hundred dollars ($100) nor more than two thousand dollars ($2,000) for each retaliatory act where the lessor or agent has been guilty of fraud, oppression, or malice related to that act.

• Prohibits a landlord from doing the following to a tenant who has submitted a declaration of COVID-19-related financial distress (Sec. 7.a):

• Charging a tenant, or attempt to collect from a tenant, fees assessed for the late payment of that COVID-19 rental debt.

• Increases fees charged to the tenant or charge the tenant fees for services previously provided by the landlord without charge.

• Specifies the court’s criteria in determining the how a case is litigated, including (Sec. 10-871.11.b):

• The number and complexity of pretrial and post-trial motions.

• The nature and extent of any discovery performed.

• Whether the case was tried by jury or by the court.

• The length of the trial.

• Any other factor the court, in its discretion, finds relevant, including whether the tenant or the landlord, or both the tenant and the landlord, would have been eligible to receive a rental assistance payment from the governmental entity, or another third party.

Full Bill Text