Ken Cooley voted Yea (Passage) on this Legislation.
Title: Extends the Eviction Moratorium and Provides Rental Assistance Due to COVID-19
Signed by Governor Gavin Newsom
Title: Extends the Eviction Moratorium and Provides Rental Assistance Due to COVID-19
Vote to amend and pass a bill that extends the eviction moratorium and provides rental assistance during the COVID-19 pandemic.
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.
Title: Extends the Eviction Moratorium and Provides Rental Assistance Due to COVID-19
Title: Extends the Eviction Moratorium and Provides Rental Assistance Due to COVID-19