1940. (a) Except as provided in subdivision (b), this chapter shall
apply to all persons who hire dwelling units located within this
state including tenants, lessees, boarders, lodgers, and others,
however denominated.
(b) The term "persons who hire" shall not include a person who
maintains either of the following:
(1) Transient occupancy in a hotel, motel, residence club, or
other facility when the transient occupancy is or would be subject to
tax under Section 7280 of the Revenue and Taxation Code. The term
"persons who hire" shall not include a person to whom this paragraph
pertains if the person has not made valid payment for all room and
other related charges owing as of the last day on which his or her
occupancy is or would be subject to tax under Section 7280 of the
Revenue and Taxation Code.
(2) Occupancy at a hotel or motel where the innkeeper retains a
right of access to and control of the dwelling unit and the hotel or
motel provides or offers all of the following services to all of the
residents:
(A) Facilities for the safeguarding of personal property pursuant
to Section 1860.
(B) Central telephone service subject to tariffs covering the same
filed with the California Public Utilities Commission.
(C) Maid, mail, and room services.
(D) Occupancy for periods of less than seven days.
(E) Food service provided by a food establishment, as defined in
Section 113780 of the Health and Safety Code, located on or adjacent
to the premises of the hotel or motel and owned or operated by the
innkeeper or owned or operated by a person or entity pursuant to a
lease or similar relationship with the innkeeper or person or entity
affiliated with the innkeeper.
(c) "Dwelling unit" means a structure or the part of a structure
that is used as a home, residence, or sleeping place by one person
who maintains a household or by two or more persons who maintain a
common household.
(d) Nothing in this section shall be construed to limit the
application of any provision of this chapter to tenancy in a dwelling
unit unless the provision is so limited by its specific terms.
1940.1. (a) No person may require an occupant of a residential
hotel, as defined in Section 50519 of the Health and Safety Code, to
move, or to check out and reregister, before the expiration of 30
days occupancy if a purpose is to have that occupant maintain
transient occupancy status pursuant to paragraph (1) of subdivision
(b) of Section 1940. Evidence that an occupant was required to check
out and reregister shall create a rebuttable presumption, which shall
affect solely the burden of producing evidence, of the purpose
referred to in this subdivision.
(b) In addition to any remedies provided by local ordinance, any
violation of subdivision (a) is punishable by a civil penalty of five
hundred dollars ($500). In any action brought pursuant to this
section, the prevailing party shall be entitled to reasonable
attorney's fees.
(c) Nothing in this section shall prevent a local governing body
from establishing inspection authority or reporting or recordkeeping
requirements to ensure compliance with this section.
1940.2. (a) It is unlawful for a landlord to do any of the
following for the purpose of influencing a tenant to vacate a
dwelling:
(1) Engage in conduct that violates subdivision (a) of Section 484
of the Penal Code.
(2) Engage in conduct that violates Section 518 of the Penal Code.
(3) Use, or threaten to use, force, willful threats, or menacing
conduct constituting a course of conduct that interferes with the
tenant's quiet enjoyment of the premises in violation of Section 1927
that would create an apprehension of harm in a reasonable person.
Nothing in this paragraph requires a tenant to be actually or
constructively evicted in order to obtain relief.
(4) Commit a significant and intentional violation of Section
1954.
(b) A tenant who prevails in a civil action, including an action
in small claims court, to enforce his or her rights under this
section is entitled to a civil penalty in an amount not to exceed two
thousand dollars ($2,000) for each violation.
(c) An oral or written warning notice, given in good faith,
regarding conduct by a tenant, occupant, or guest that violates, may
violate, or violated the applicable rental agreement, rules,
regulations, lease, or laws, is not a violation of this section. An
oral or written explanation of the rental agreement, rules,
regulations, lease, or laws given in the normal course of business is
not a violation of this section.
(d) Nothing in this section shall enlarge or diminish a landlord's
right to terminate a tenancy pursuant to existing state or local
law; nor shall this section enlarge or diminish any ability of local
government to regulate or enforce a prohibition against a landlord's
harassment of a tenant.
1940.3. (a) No city, county, or city and county shall, by statute,
ordinance, or regulation, or by administrative action implementing
any statute, ordinance, or regulation, compel a landlord or any agent
of the landlord to make any inquiry, compile, disclose, report, or
provide any information, prohibit offering or continuing to offer,
accommodations in the property for rent or lease, or otherwise take
any action regarding or based on the immigration or citizenship
status of a tenant, prospective tenant, occupant, or prospective
occupant of residential rental property.
(b) No landlord or any agent of the landlord shall do any of the
following:
(1) Make any inquiry regarding or based on the immigration or
citizenship status of a tenant, prospective tenant, occupant, or
prospective occupant of residential rental property.
(2) Require that any tenant, prospective tenant, occupant, or
prospective occupant of the rental property make any statement,
representation, or certification concerning his or her immigration or
citizenship status.
(c) Nothing in this section shall prohibit a landlord from either:
(1) Complying with any legal obligation under federal law.
(2) Requesting information or documentation necessary to determine
or verify the financial qualifications of a prospective tenant, or
to determine or verify the identity of a prospective tenant or
prospective occupant.
1940.5. An owner or an owner's agent shall not refuse to rent a
dwelling unit in a structure which received its valid certificate of
occupancy after January 1, 1973, to an otherwise qualified
prospective tenant or refuse to continue to rent to an existing
tenant solely on the basis of that tenant's possession of a waterbed
or other bedding with liquid filling material where all of the
following requirements and conditions are met:
(a) A tenant or prospective tenant furnishes to the owner, prior
to installation, a valid waterbed insurance policy or certificate of
insurance for property damage. The policy shall be issued by a
company licensed to do business in California and possessing a Best's
Insurance Report rating of "B" or higher. The insurance policy shall
be maintained in full force and effect until the bedding is
permanently removed from the rental premises. The policy shall be
written for no less than one hundred thousand dollars ($100,000) of
coverage. The policy shall cover, up to the limits of the policy,
replacement value of all property damage, including loss of use,
incurred by the rental property owner or other caused by or arising
out of the ownership, maintenance, use, or removal of the waterbed on
the rental premises only, except for any damage caused intentionally
or at the direction of the insured, or for any damage caused by or
resulting from fire. The owner may require the tenant to produce
evidence of insurance at any time. The carrier shall give the owner
notice of cancellation or nonrenewal 10 days prior to this action.
Every application for a policy shall contain the information as
provided in subdivisions (a), (b), and (c) of Section 1962 and
Section 1962.5.
(b) The bedding shall conform to the pounds-per-square foot weight
limitation and placement as dictated by the floor load capacity of
the residential structure. The weight shall be distributed on a
pedestal or frame which is substantially the dimensions of the
mattress itself.
(c) The tenant or prospective tenant shall install, maintain and
remove the bedding, including, but not limited to, the mattress and
frame, according to standard methods of installation, maintenance,
and removal as prescribed by the manufacturer, retailer, or state
law, whichever provides the higher degree of safety. The tenant shall
notify the owner or owner's agent in writing of the intent to
install, remove, or move the waterbed. The notice shall be delivered
24 hours prior to the installation, removal, or movement. The owner
or the owner's agent may be present at the time of installation,
removal, or movement at the owner's or the owner's agent's option. If
the bedding is installed or moved by any person other than the
tenant or prospective tenant, the tenant or prospective tenant shall
deliver to the owner or to the owner's agent a written installation
receipt stating the installer's name, address, and business
affiliation where appropriate.
(d) Any new bedding installation shall conform to the owner's or
the owner's agent's reasonable structural specifications for
placement within the rental property and shall be consistent with
floor capacity of the rental dwelling unit.
(e) The tenant or prospective tenant shall comply with the minimum
component specification list prescribed by the manufacturer,
retailer, or state law, whichever provides the higher degree of
safety.
(f) Subject to the notice requirements of Section 1954, the owner,
or the owner's agent, shall have the right to inspect the bedding
installation upon completion, and periodically thereafter, to insure
its conformity with this section. If installation or maintenance is
not in conformity with this section, the owner may serve the tenant
with a written notice of breach of the rental agreement. The owner
may give the tenant three days either to bring the installation into
conformity with those standards or to remove the bedding, unless
there is an immediate danger to the structure, in which case there
shall be immediate corrective action. If the bedding is installed by
any person other than the tenant or prospective tenant, the tenant or
prospective tenant shall deliver to the owner or to the owner's
agent a written installation receipt stating the installer's name and
business affiliation where appropriate.
(g) Notwithstanding Section 1950.5, an owner or owner's agent is
entitled to increase the security deposit on the dwelling unit in an
amount equal to one-half of one months' rent. The owner or owner's
agent may charge a tenant, lessee, or sublessee a reasonable fee to
cover administration costs. In no event does this section authorize
the payment of a rebate of premium in violation of Article 5
(commencing with Section 750) of Chapter 1 of Part 2 of Division 1 of
the Insurance Code.
(h) Failure of the owner, or owner's agent, to exercise any of his
or her rights pursuant to this section does not constitute grounds
for denial of an insurance claim.
(i) As used in this section, "tenant" includes any lessee, and
"rental" means any rental or lease.
1940.6. (a) The owner of a residential dwelling unit or the owner's
agent who applies to any public agency for a permit to demolish that
residential dwelling unit shall give written notice of that fact to:
(1) A prospective tenant prior to the occurrence of any of the
following actions by the owner or the owner's agent:
(A) Entering into a rental agreement with a prospective tenant.
(B) Requiring or accepting payment from the prospective tenant for
an application screening fee, as provided in Section 1950.6.
(C) Requiring or accepting any other fees from a prospective
tenant.
(D) Requiring or accepting any writings that would initiate a
tenancy.
(2) A current tenant, including a tenant who has entered into a
rental agreement but has not yet taken possession of the dwelling
unit, prior to applying to the public agency for the permit to
demolish that residential dwelling unit.
(b) The notice shall include the earliest possible approximate
date on which the owner expects the demolition to occur and the
approximate date on which the owner will terminate the tenancy.
However, in no case may the demolition for which the owner or the
owner's agent has applied occur prior to the earliest possible
approximate date noticed.
(c) If a landlord fails to comply with subdivision (a) or (b), a
tenant may bring an action in a court of competent jurisdiction. The
remedies the court may order shall include, but are not limited to,
the following:
(1) In the case of a prospective tenant who moved into a
residential dwelling unit and was not informed as required by
subdivision (a) or (b), the actual damages suffered, moving expenses,
and a civil penalty not to exceed two thousand five hundred dollars
($2,500) to be paid by the landlord to the tenant.
(2) In the case of a current tenant who was not informed as
required by subdivision (a) or (b), the actual damages suffered, and
a civil penalty not to exceed two thousand five hundred dollars
($2,500) to be paid by the landlord to the tenant.
(3) In any action brought pursuant to this section, the prevailing
party shall be entitled to reasonable attorney's fees.
(d) The remedies available under this section are cumulative to
other remedies available under law.
(e) This section shall not be construed to preempt other laws
regarding landlord obligations or disclosures, including, but not
limited to, those arising pursuant to Chapter 12.75 (commencing with
Section 7060) of Division 7 of Title 1 of the Government Code.
(f) For purposes of this section:
(1) "Residential dwelling unit" has the same meaning as that
contained in Section 1940.
(2) "Public agency" has the same meaning as that contained in
Section 21063 of the Public Resources Code.
1940.7. (a) The Legislature finds and declares that the December
10, 1983, tragedy in Tierra Santa, in which lives were lost as a
result of a live munition exploding in a residential area that was
formerly a military ordnance location, has demonstrated (1) the
unique and heretofore unknown risk that there are other live
munitions in former ordnance locations in California, (2) that these
former ordnance locations need to be identified by the federal,
state, or local authorities, and (3) that the people living in the
neighborhood of these former ordnance locations should be notified of
their existence. Therefore, it is the intent of the Legislature that
the disclosure required by this section is solely warranted and
limited by (1) the fact that these former ordnance locations cannot
be readily observed or discovered by landlords and tenants, and (2)
the ability of a landlord who has actual knowledge of a former
ordnance location within the neighborhood of his or her rental
property to disclose this information for the safety of the tenant.
(b) The landlord of a residential dwelling unit who has actual
knowledge of any former federal or state ordnance locations in the
neighborhood area shall give written notice to a prospective tenant
of that knowledcge prior to the execution of a rental agreement. In
cases of tenancies in existence on January 1, 1990, this written
notice shall be given to tenants as soon as practicable thereafter.
(c) For purposes of this section:
(1) "Former federal or state ordnance location" means an area
identified by an agency or instrumentality of the federal or state
government as an area once used for military training purposes and
which may contain potentially explosive munitions.
(2) "Neighborhood area" means within one mile of the residential
dwelling.
1940.8. A landlord of a residential dwelling unit shall provide
each new tenant that occupies the unit with a copy of the notice
provided by a registered structural pest control company pursuant to
Section 8538 of the Business and Professions Code, if a contract for
periodic pest control service has been executed.
1940.9. (a) If the landlord does not provide separate gas and
electric meters for each tenant's dwelling unit so that each tenant's
meter measures only the electric or gas service to that tenant's
dwelling unit and the landlord or his or her agent has knowledge that
gas or electric service provided through a tenant's meter serves an
area outside the tenant's dwelling unit, the landlord, prior to the
inception of the tenancy or upon discovery, shall explicitly disclose
that condition to the tenant and shall do either of the following:
(1) Execute a mutual written agreement with the tenant for
payment by the tenant of the cost of the gas or electric service
provided through the tenant's meter to serve areas outside the tenant'
s dwelling unit.
(2) Make other arrangements, as are mutually agreed in writing,
for payment for the gas or electric service provided through the
tenant's meter to serve areas outside the tenant's dwelling unit.
These arrangements may include, but are not limited to, the landlord
becoming the customer of record for the tenant's meter, or the
landlord separately metering and becoming the customer of record for
the area outside the tenant's dwelling unit.
(b) If a landlord fails to comply with subdivision (a), the
aggrieved tenant may bring an action in a court of competent
jurisdiction. The remedies the court may order shall include, but are
not limited to, the following:
(1) Requiring the landlord to be made the customer of record with
the utility for the tenant's meter.
(2) Ordering the landlord to reimburse the tenant for payments
made by the tenant to the utility for service to areas outside of the
tenant's dwelling unit. Payments to be reimbursed pursuant to this
paragraph shall commence from the date the obligation to disclose
arose under subdivision (a).
(c) Nothing in this section limits any remedies available to a
landlord or tenant under other provisions of this chapter, the rental
agreement, or applicable statutory or common law.
1940. (a) Except as provided in subdivision (b), this chapter shall
apply to all persons who hire dwelling units located within this
state including tenants, lessees, boarders, lodgers, and others,
however denominated.
(b) The term "persons who hire" shall not include a person who
maintains either of the following:
(1) Transient occupancy in a hotel, motel, residence club, or
other facility when the transient occupancy is or would be subject to
tax under Section 7280 of the Revenue and Taxation Code. The term
"persons who hire" shall not include a person to whom this paragraph
pertains if the person has not made valid payment for all room and
other related charges owing as of the last day on which his or her
occupancy is or would be subject to tax under Section 7280 of the
Revenue and Taxation Code.
(2) Occupancy at a hotel or motel where the innkeeper retains a
right of access to and control of the dwelling unit and the hotel or
motel provides or offers all of the following services to all of the
residents:
(A) Facilities for the safeguarding of personal property pursuant
to Section 1860.
(B) Central telephone service subject to tariffs covering the same
filed with the California Public Utilities Commission.
(C) Maid, mail, and room services.
(D) Occupancy for periods of less than seven days.
(E) Food service provided by a food establishment, as defined in
Section 113780 of the Health and Safety Code, located on or adjacent
to the premises of the hotel or motel and owned or operated by the
innkeeper or owned or operated by a person or entity pursuant to a
lease or similar relationship with the innkeeper or person or entity
affiliated with the innkeeper.
(c) "Dwelling unit" means a structure or the part of a structure
that is used as a home, residence, or sleeping place by one person
who maintains a household or by two or more persons who maintain a
common household.
(d) Nothing in this section shall be construed to limit the
application of any provision of this chapter to tenancy in a dwelling
unit unless the provision is so limited by its specific terms.
1940.1. (a) No person may require an occupant of a residential
hotel, as defined in Section 50519 of the Health and Safety Code, to
move, or to check out and reregister, before the expiration of 30
days occupancy if a purpose is to have that occupant maintain
transient occupancy status pursuant to paragraph (1) of subdivision
(b) of Section 1940. Evidence that an occupant was required to check
out and reregister shall create a rebuttable presumption, which shall
affect solely the burden of producing evidence, of the purpose
referred to in this subdivision.
(b) In addition to any remedies provided by local ordinance, any
violation of subdivision (a) is punishable by a civil penalty of five
hundred dollars ($500). In any action brought pursuant to this
section, the prevailing party shall be entitled to reasonable
attorney's fees.
(c) Nothing in this section shall prevent a local governing body
from establishing inspection authority or reporting or recordkeeping
requirements to ensure compliance with this section.
1940.2. (a) It is unlawful for a landlord to do any of the
following for the purpose of influencing a tenant to vacate a
dwelling:
(1) Engage in conduct that violates subdivision (a) of Section 484
of the Penal Code.
(2) Engage in conduct that violates Section 518 of the Penal Code.
(3) Use, or threaten to use, force, willful threats, or menacing
conduct constituting a course of conduct that interferes with the
tenant's quiet enjoyment of the premises in violation of Section 1927
that would create an apprehension of harm in a reasonable person.
Nothing in this paragraph requires a tenant to be actually or
constructively evicted in order to obtain relief.
(4) Commit a significant and intentional violation of Section
1954.
(b) A tenant who prevails in a civil action, including an action
in small claims court, to enforce his or her rights under this
section is entitled to a civil penalty in an amount not to exceed two
thousand dollars ($2,000) for each violation.
(c) An oral or written warning notice, given in good faith,
regarding conduct by a tenant, occupant, or guest that violates, may
violate, or violated the applicable rental agreement, rules,
regulations, lease, or laws, is not a violation of this section. An
oral or written explanation of the rental agreement, rules,
regulations, lease, or laws given in the normal course of business is
not a violation of this section.
(d) Nothing in this section shall enlarge or diminish a landlord's
right to terminate a tenancy pursuant to existing state or local
law; nor shall this section enlarge or diminish any ability of local
government to regulate or enforce a prohibition against a landlord's
harassment of a tenant.
1940.3. (a) No city, county, or city and county shall, by statute,
ordinance, or regulation, or by administrative action implementing
any statute, ordinance, or regulation, compel a landlord or any agent
of the landlord to make any inquiry, compile, disclose, report, or
provide any information, prohibit offering or continuing to offer,
accommodations in the property for rent or lease, or otherwise take
any action regarding or based on the immigration or citizenship
status of a tenant, prospective tenant, occupant, or prospective
occupant of residential rental property.
(b) No landlord or any agent of the landlord shall do any of the
following:
(1) Make any inquiry regarding or based on the immigration or
citizenship status of a tenant, prospective tenant, occupant, or
prospective occupant of residential rental property.
(2) Require that any tenant, prospective tenant, occupant, or
prospective occupant of the rental property make any statement,
representation, or certification concerning his or her immigration or
citizenship status.
(c) Nothing in this section shall prohibit a landlord from either:
(1) Complying with any legal obligation under federal law.
(2) Requesting information or documentation necessary to determine
or verify the financial qualifications of a prospective tenant, or
to determine or verify the identity of a prospective tenant or
prospective occupant.
1940.5. An owner or an owner's agent shall not refuse to rent a
dwelling unit in a structure which received its valid certificate of
occupancy after January 1, 1973, to an otherwise qualified
prospective tenant or refuse to continue to rent to an existing
tenant solely on the basis of that tenant's possession of a waterbed
or other bedding with liquid filling material where all of the
following requirements and conditions are met:
(a) A tenant or prospective tenant furnishes to the owner, prior
to installation, a valid waterbed insurance policy or certificate of
insurance for property damage. The policy shall be issued by a
company licensed to do business in California and possessing a Best's
Insurance Report rating of "B" or higher. The insurance policy shall
be maintained in full force and effect until the bedding is
permanently removed from the rental premises. The policy shall be
written for no less than one hundred thousand dollars ($100,000) of
coverage. The policy shall cover, up to the limits of the policy,
replacement value of all property damage, including loss of use,
incurred by the rental property owner or other caused by or arising
out of the ownership, maintenance, use, or removal of the waterbed on
the rental premises only, except for any damage caused intentionally
or at the direction of the insured, or for any damage caused by or
resulting from fire. The owner may require the tenant to produce
evidence of insurance at any time. The carrier shall give the owner
notice of cancellation or nonrenewal 10 days prior to this action.
Every application for a policy shall contain the information as
provided in subdivisions (a), (b), and (c) of Section 1962 and
Section 1962.5.
(b) The bedding shall conform to the pounds-per-square foot weight
limitation and placement as dictated by the floor load capacity of
the residential structure. The weight shall be distributed on a
pedestal or frame which is substantially the dimensions of the
mattress itself.
(c) The tenant or prospective tenant shall install, maintain and
remove the bedding, including, but not limited to, the mattress and
frame, according to standard methods of installation, maintenance,
and removal as prescribed by the manufacturer, retailer, or state
law, whichever provides the higher degree of safety. The tenant shall
notify the owner or owner's agent in writing of the intent to
install, remove, or move the waterbed. The notice shall be delivered
24 hours prior to the installation, removal, or movement. The owner
or the owner's agent may be present at the time of installation,
removal, or movement at the owner's or the owner's agent's option. If
the bedding is installed or moved by any person other than the
tenant or prospective tenant, the tenant or prospective tenant shall
deliver to the owner or to the owner's agent a written installation
receipt stating the installer's name, address, and business
affiliation where appropriate.
(d) Any new bedding installation shall conform to the owner's or
the owner's agent's reasonable structural specifications for
placement within the rental property and shall be consistent with
floor capacity of the rental dwelling unit.
(e) The tenant or prospective tenant shall comply with the minimum
component specification list prescribed by the manufacturer,
retailer, or state law, whichever provides the higher degree of
safety.
(f) Subject to the notice requirements of Section 1954, the owner,
or the owner's agent, shall have the right to inspect the bedding
installation upon completion, and periodically thereafter, to insure
its conformity with this section. If installation or maintenance is
not in conformity with this section, the owner may serve the tenant
with a written notice of breach of the rental agreement. The owner
may give the tenant three days either to bring the installation into
conformity with those standards or to remove the bedding, unless
there is an immediate danger to the structure, in which case there
shall be immediate corrective action. If the bedding is installed by
any person other than the tenant or prospective tenant, the tenant or
prospective tenant shall deliver to the owner or to the owner's
agent a written installation receipt stating the installer's name and
business affiliation where appropriate.
(g) Notwithstanding Section 1950.5, an owner or owner's agent is
entitled to increase the security deposit on the dwelling unit in an
amount equal to one-half of one months' rent. The owner or owner's
agent may charge a tenant, lessee, or sublessee a reasonable fee to
cover administration costs. In no event does this section authorize
the payment of a rebate of premium in violation of Article 5
(commencing with Section 750) of Chapter 1 of Part 2 of Division 1 of
the Insurance Code.
(h) Failure of the owner, or owner's agent, to exercise any of his
or her rights pursuant to this section does not constitute grounds
for denial of an insurance claim.
(i) As used in this section, "tenant" includes any lessee, and
"rental" means any rental or lease.
1940.6. (a) The owner of a residential dwelling unit or the owner's
agent who applies to any public agency for a permit to demolish that
residential dwelling unit shall give written notice of that fact to:
(1) A prospective tenant prior to the occurrence of any of the
following actions by the owner or the owner's agent:
(A) Entering into a rental agreement with a prospective tenant.
(B) Requiring or accepting payment from the prospective tenant for
an application screening fee, as provided in Section 1950.6.
(C) Requiring or accepting any other fees from a prospective
tenant.
(D) Requiring or accepting any writings that would initiate a
tenancy.
(2) A current tenant, including a tenant who has entered into a
rental agreement but has not yet taken possession of the dwelling
unit, prior to applying to the public agency for the permit to
demolish that residential dwelling unit.
(b) The notice shall include the earliest possible approximate
date on which the owner expects the demolition to occur and the
approximate date on which the owner will terminate the tenancy.
However, in no case may the demolition for which the owner or the
owner's agent has applied occur prior to the earliest possible
approximate date noticed.
(c) If a landlord fails to comply with subdivision (a) or (b), a
tenant may bring an action in a court of competent jurisdiction. The
remedies the court may order shall include, but are not limited to,
the following:
(1) In the case of a prospective tenant who moved into a
residential dwelling unit and was not informed as required by
subdivision (a) or (b), the actual damages suffered, moving expenses,
and a civil penalty not to exceed two thousand five hundred dollars
($2,500) to be paid by the landlord to the tenant.
(2) In the case of a current tenant who was not informed as
required by subdivision (a) or (b), the actual damages suffered, and
a civil penalty not to exceed two thousand five hundred dollars
($2,500) to be paid by the landlord to the tenant.
(3) In any action brought pursuant to this section, the prevailing
party shall be entitled to reasonable attorney's fees.
(d) The remedies available under this section are cumulative to
other remedies available under law.
(e) This section shall not be construed to preempt other laws
regarding landlord obligations or disclosures, including, but not
limited to, those arising pursuant to Chapter 12.75 (commencing with
Section 7060) of Division 7 of Title 1 of the Government Code.
(f) For purposes of this section:
(1) "Residential dwelling unit" has the same meaning as that
contained in Section 1940.
(2) "Public agency" has the same meaning as that contained in
Section 21063 of the Public Resources Code.
1940.7. (a) The Legislature finds and declares that the December
10, 1983, tragedy in Tierra Santa, in which lives were lost as a
result of a live munition exploding in a residential area that was
formerly a military ordnance location, has demonstrated (1) the
unique and heretofore unknown risk that there are other live
munitions in former ordnance locations in California, (2) that these
former ordnance locations need to be identified by the federal,
state, or local authorities, and (3) that the people living in the
neighborhood of these former ordnance locations should be notified of
their existence. Therefore, it is the intent of the Legislature that
the disclosure required by this section is solely warranted and
limited by (1) the fact that these former ordnance locations cannot
be readily observed or discovered by landlords and tenants, and (2)
the ability of a landlord who has actual knowledge of a former
ordnance location within the neighborhood of his or her rental
property to disclose this information for the safety of the tenant.
(b) The landlord of a residential dwelling unit who has actual
knowledge of any former federal or state ordnance locations in the
neighborhood area shall give written notice to a prospective tenant
of that knowledcge prior to the execution of a rental agreement. In
cases of tenancies in existence on January 1, 1990, this written
notice shall be given to tenants as soon as practicable thereafter.
(c) For purposes of this section:
(1) "Former federal or state ordnance location" means an area
identified by an agency or instrumentality of the federal or state
government as an area once used for military training purposes and
which may contain potentially explosive munitions.
(2) "Neighborhood area" means within one mile of the residential
dwelling.
1940.8. A landlord of a residential dwelling unit shall provide
each new tenant that occupies the unit with a copy of the notice
provided by a registered structural pest control company pursuant to
Section 8538 of the Business and Professions Code, if a contract for
periodic pest control service has been executed.
1940.9. (a) If the landlord does not provide separate gas and
electric meters for each tenant's dwelling unit so that each tenant's
meter measures only the electric or gas service to that tenant's
dwelling unit and the landlord or his or her agent has knowledge that
gas or electric service provided through a tenant's meter serves an
area outside the tenant's dwelling unit, the landlord, prior to the
inception of the tenancy or upon discovery, shall explicitly disclose
that condition to the tenant and shall do either of the following:
(1) Execute a mutual written agreement with the tenant for
payment by the tenant of the cost of the gas or electric service
provided through the tenant's meter to serve areas outside the tenant'
s dwelling unit.
(2) Make other arrangements, as are mutually agreed in writing,
for payment for the gas or electric service provided through the
tenant's meter to serve areas outside the tenant's dwelling unit.
These arrangements may include, but are not limited to, the landlord
becoming the customer of record for the tenant's meter, or the
landlord separately metering and becoming the customer of record for
the area outside the tenant's dwelling unit.
(b) If a landlord fails to comply with subdivision (a), the
aggrieved tenant may bring an action in a court of competent
jurisdiction. The remedies the court may order shall include, but are
not limited to, the following:
(1) Requiring the landlord to be made the customer of record with
the utility for the tenant's meter.
(2) Ordering the landlord to reimburse the tenant for payments
made by the tenant to the utility for service to areas outside of the
tenant's dwelling unit. Payments to be reimbursed pursuant to this
paragraph shall commence from the date the obligation to disclose
arose under subdivision (a).
(c) Nothing in this section limits any remedies available to a
landlord or tenant under other provisions of this chapter, the rental
agreement, or applicable statutory or common law.
1940. (a) Except as provided in subdivision (b), this chapter shall
apply to all persons who hire dwelling units located within this
state including tenants, lessees, boarders, lodgers, and others,
however denominated.
(b) The term "persons who hire" shall not include a person who
maintains either of the following:
(1) Transient occupancy in a hotel, motel, residence club, or
other facility when the transient occupancy is or would be subject to
tax under Section 7280 of the Revenue and Taxation Code. The term
"persons who hire" shall not include a person to whom this paragraph
pertains if the person has not made valid payment for all room and
other related charges owing as of the last day on which his or her
occupancy is or would be subject to tax under Section 7280 of the
Revenue and Taxation Code.
(2) Occupancy at a hotel or motel where the innkeeper retains a
right of access to and control of the dwelling unit and the hotel or
motel provides or offers all of the following services to all of the
residents:
(A) Facilities for the safeguarding of personal property pursuant
to Section 1860.
(B) Central telephone service subject to tariffs covering the same
filed with the California Public Utilities Commission.
(C) Maid, mail, and room services.
(D) Occupancy for periods of less than seven days.
(E) Food service provided by a food establishment, as defined in
Section 113780 of the Health and Safety Code, located on or adjacent
to the premises of the hotel or motel and owned or operated by the
innkeeper or owned or operated by a person or entity pursuant to a
lease or similar relationship with the innkeeper or person or entity
affiliated with the innkeeper.
(c) "Dwelling unit" means a structure or the part of a structure
that is used as a home, residence, or sleeping place by one person
who maintains a household or by two or more persons who maintain a
common household.
(d) Nothing in this section shall be construed to limit the
application of any provision of this chapter to tenancy in a dwelling
unit unless the provision is so limited by its specific terms.
1940.1. (a) No person may require an occupant of a residential
hotel, as defined in Section 50519 of the Health and Safety Code, to
move, or to check out and reregister, before the expiration of 30
days occupancy if a purpose is to have that occupant maintain
transient occupancy status pursuant to paragraph (1) of subdivision
(b) of Section 1940. Evidence that an occupant was required to check
out and reregister shall create a rebuttable presumption, which shall
affect solely the burden of producing evidence, of the purpose
referred to in this subdivision.
(b) In addition to any remedies provided by local ordinance, any
violation of subdivision (a) is punishable by a civil penalty of five
hundred dollars ($500). In any action brought pursuant to this
section, the prevailing party shall be entitled to reasonable
attorney's fees.
(c) Nothing in this section shall prevent a local governing body
from establishing inspection authority or reporting or recordkeeping
requirements to ensure compliance with this section.
1940.2. (a) It is unlawful for a landlord to do any of the
following for the purpose of influencing a tenant to vacate a
dwelling:
(1) Engage in conduct that violates subdivision (a) of Section 484
of the Penal Code.
(2) Engage in conduct that violates Section 518 of the Penal Code.
(3) Use, or threaten to use, force, willful threats, or menacing
conduct constituting a course of conduct that interferes with the
tenant's quiet enjoyment of the premises in violation of Section 1927
that would create an apprehension of harm in a reasonable person.
Nothing in this paragraph requires a tenant to be actually or
constructively evicted in order to obtain relief.
(4) Commit a significant and intentional violation of Section
1954.
(b) A tenant who prevails in a civil action, including an action
in small claims court, to enforce his or her rights under this
section is entitled to a civil penalty in an amount not to exceed two
thousand dollars ($2,000) for each violation.
(c) An oral or written warning notice, given in good faith,
regarding conduct by a tenant, occupant, or guest that violates, may
violate, or violated the applicable rental agreement, rules,
regulations, lease, or laws, is not a violation of this section. An
oral or written explanation of the rental agreement, rules,
regulations, lease, or laws given in the normal course of business is
not a violation of this section.
(d) Nothing in this section shall enlarge or diminish a landlord's
right to terminate a tenancy pursuant to existing state or local
law; nor shall this section enlarge or diminish any ability of local
government to regulate or enforce a prohibition against a landlord's
harassment of a tenant.
1940.3. (a) No city, county, or city and county shall, by statute,
ordinance, or regulation, or by administrative action implementing
any statute, ordinance, or regulation, compel a landlord or any agent
of the landlord to make any inquiry, compile, disclose, report, or
provide any information, prohibit offering or continuing to offer,
accommodations in the property for rent or lease, or otherwise take
any action regarding or based on the immigration or citizenship
status of a tenant, prospective tenant, occupant, or prospective
occupant of residential rental property.
(b) No landlord or any agent of the landlord shall do any of the
following:
(1) Make any inquiry regarding or based on the immigration or
citizenship status of a tenant, prospective tenant, occupant, or
prospective occupant of residential rental property.
(2) Require that any tenant, prospective tenant, occupant, or
prospective occupant of the rental property make any statement,
representation, or certification concerning his or her immigration or
citizenship status.
(c) Nothing in this section shall prohibit a landlord from either:
(1) Complying with any legal obligation under federal law.
(2) Requesting information or documentation necessary to determine
or verify the financial qualifications of a prospective tenant, or
to determine or verify the identity of a prospective tenant or
prospective occupant.
1940.5. An owner or an owner's agent shall not refuse to rent a
dwelling unit in a structure which received its valid certificate of
occupancy after January 1, 1973, to an otherwise qualified
prospective tenant or refuse to continue to rent to an existing
tenant solely on the basis of that tenant's possession of a waterbed
or other bedding with liquid filling material where all of the
following requirements and conditions are met:
(a) A tenant or prospective tenant furnishes to the owner, prior
to installation, a valid waterbed insurance policy or certificate of
insurance for property damage. The policy shall be issued by a
company licensed to do business in California and possessing a Best's
Insurance Report rating of "B" or higher. The insurance policy shall
be maintained in full force and effect until the bedding is
permanently removed from the rental premises. The policy shall be
written for no less than one hundred thousand dollars ($100,000) of
coverage. The policy shall cover, up to the limits of the policy,
replacement value of all property damage, including loss of use,
incurred by the rental property owner or other caused by or arising
out of the ownership, maintenance, use, or removal of the waterbed on
the rental premises only, except for any damage caused intentionally
or at the direction of the insured, or for any damage caused by or
resulting from fire. The owner may require the tenant to produce
evidence of insurance at any time. The carrier shall give the owner
notice of cancellation or nonrenewal 10 days prior to this action.
Every application for a policy shall contain the information as
provided in subdivisions (a), (b), and (c) of Section 1962 and
Section 1962.5.
(b) The bedding shall conform to the pounds-per-square foot weight
limitation and placement as dictated by the floor load capacity of
the residential structure. The weight shall be distributed on a
pedestal or frame which is substantially the dimensions of the
mattress itself.
(c) The tenant or prospective tenant shall install, maintain and
remove the bedding, including, but not limited to, the mattress and
frame, according to standard methods of installation, maintenance,
and removal as prescribed by the manufacturer, retailer, or state
law, whichever provides the higher degree of safety. The tenant shall
notify the owner or owner's agent in writing of the intent to
install, remove, or move the waterbed. The notice shall be delivered
24 hours prior to the installation, removal, or movement. The owner
or the owner's agent may be present at the time of installation,
removal, or movement at the owner's or the owner's agent's option. If
the bedding is installed or moved by any person other than the
tenant or prospective tenant, the tenant or prospective tenant shall
deliver to the owner or to the owner's agent a written installation
receipt stating the installer's name, address, and business
affiliation where appropriate.
(d) Any new bedding installation shall conform to the owner's or
the owner's agent's reasonable structural specifications for
placement within the rental property and shall be consistent with
floor capacity of the rental dwelling unit.
(e) The tenant or prospective tenant shall comply with the minimum
component specification list prescribed by the manufacturer,
retailer, or state law, whichever provides the higher degree of
safety.
(f) Subject to the notice requirements of Section 1954, the owner,
or the owner's agent, shall have the right to inspect the bedding
installation upon completion, and periodically thereafter, to insure
its conformity with this section. If installation or maintenance is
not in conformity with this section, the owner may serve the tenant
with a written notice of breach of the rental agreement. The owner
may give the tenant three days either to bring the installation into
conformity with those standards or to remove the bedding, unless
there is an immediate danger to the structure, in which case there
shall be immediate corrective action. If the bedding is installed by
any person other than the tenant or prospective tenant, the tenant or
prospective tenant shall deliver to the owner or to the owner's
agent a written installation receipt stating the installer's name and
business affiliation where appropriate.
(g) Notwithstanding Section 1950.5, an owner or owner's agent is
entitled to increase the security deposit on the dwelling unit in an
amount equal to one-half of one months' rent. The owner or owner's
agent may charge a tenant, lessee, or sublessee a reasonable fee to
cover administration costs. In no event does this section authorize
the payment of a rebate of premium in violation of Article 5
(commencing with Section 750) of Chapter 1 of Part 2 of Division 1 of
the Insurance Code.
(h) Failure of the owner, or owner's agent, to exercise any of his
or her rights pursuant to this section does not constitute grounds
for denial of an insurance claim.
(i) As used in this section, "tenant" includes any lessee, and
"rental" means any rental or lease.
1940.6. (a) The owner of a residential dwelling unit or the owner's
agent who applies to any public agency for a permit to demolish that
residential dwelling unit shall give written notice of that fact to:
(1) A prospective tenant prior to the occurrence of any of the
following actions by the owner or the owner's agent:
(A) Entering into a rental agreement with a prospective tenant.
(B) Requiring or accepting payment from the prospective tenant for
an application screening fee, as provided in Section 1950.6.
(C) Requiring or accepting any other fees from a prospective
tenant.
(D) Requiring or accepting any writings that would initiate a
tenancy.
(2) A current tenant, including a tenant who has entered into a
rental agreement but has not yet taken possession of the dwelling
unit, prior to applying to the public agency for the permit to
demolish that residential dwelling unit.
(b) The notice shall include the earliest possible approximate
date on which the owner expects the demolition to occur and the
approximate date on which the owner will terminate the tenancy.
However, in no case may the demolition for which the owner or the
owner's agent has applied occur prior to the earliest possible
approximate date noticed.
(c) If a landlord fails to comply with subdivision (a) or (b), a
tenant may bring an action in a court of competent jurisdiction. The
remedies the court may order shall include, but are not limited to,
the following:
(1) In the case of a prospective tenant who moved into a
residential dwelling unit and was not informed as required by
subdivision (a) or (b), the actual damages suffered, moving expenses,
and a civil penalty not to exceed two thousand five hundred dollars
($2,500) to be paid by the landlord to the tenant.
(2) In the case of a current tenant who was not informed as
required by subdivision (a) or (b), the actual damages suffered, and
a civil penalty not to exceed two thousand five hundred dollars
($2,500) to be paid by the landlord to the tenant.
(3) In any action brought pursuant to this section, the prevailing
party shall be entitled to reasonable attorney's fees.
(d) The remedies available under this section are cumulative to
other remedies available under law.
(e) This section shall not be construed to preempt other laws
regarding landlord obligations or disclosures, including, but not
limited to, those arising pursuant to Chapter 12.75 (commencing with
Section 7060) of Division 7 of Title 1 of the Government Code.
(f) For purposes of this section:
(1) "Residential dwelling unit" has the same meaning as that
contained in Section 1940.
(2) "Public agency" has the same meaning as that contained in
Section 21063 of the Public Resources Code.
1940.7. (a) The Legislature finds and declares that the December
10, 1983, tragedy in Tierra Santa, in which lives were lost as a
result of a live munition exploding in a residential area that was
formerly a military ordnance location, has demonstrated (1) the
unique and heretofore unknown risk that there are other live
munitions in former ordnance locations in California, (2) that these
former ordnance locations need to be identified by the federal,
state, or local authorities, and (3) that the people living in the
neighborhood of these former ordnance locations should be notified of
their existence. Therefore, it is the intent of the Legislature that
the disclosure required by this section is solely warranted and
limited by (1) the fact that these former ordnance locations cannot
be readily observed or discovered by landlords and tenants, and (2)
the ability of a landlord who has actual knowledge of a former
ordnance location within the neighborhood of his or her rental
property to disclose this information for the safety of the tenant.
(b) The landlord of a residential dwelling unit who has actual
knowledge of any former federal or state ordnance locations in the
neighborhood area shall give written notice to a prospective tenant
of that knowledcge prior to the execution of a rental agreement. In
cases of tenancies in existence on January 1, 1990, this written
notice shall be given to tenants as soon as practicable thereafter.
(c) For purposes of this section:
(1) "Former federal or state ordnance location" means an area
identified by an agency or instrumentality of the federal or state
government as an area once used for military training purposes and
which may contain potentially explosive munitions.
(2) "Neighborhood area" means within one mile of the residential
dwelling.
1940.8. A landlord of a residential dwelling unit shall provide
each new tenant that occupies the unit with a copy of the notice
provided by a registered structural pest control company pursuant to
Section 8538 of the Business and Professions Code, if a contract for
periodic pest control service has been executed.
1940.9. (a) If the landlord does not provide separate gas and
electric meters for each tenant's dwelling unit so that each tenant's
meter measures only the electric or gas service to that tenant's
dwelling unit and the landlord or his or her agent has knowledge that
gas or electric service provided through a tenant's meter serves an
area outside the tenant's dwelling unit, the landlord, prior to the
inception of the tenancy or upon discovery, shall explicitly disclose
that condition to the tenant and shall do either of the following:
(1) Execute a mutual written agreement with the tenant for
payment by the tenant of the cost of the gas or electric service
provided through the tenant's meter to serve areas outside the tenant'
s dwelling unit.
(2) Make other arrangements, as are mutually agreed in writing,
for payment for the gas or electric service provided through the
tenant's meter to serve areas outside the tenant's dwelling unit.
These arrangements may include, but are not limited to, the landlord
becoming the customer of record for the tenant's meter, or the
landlord separately metering and becoming the customer of record for
the area outside the tenant's dwelling unit.
(b) If a landlord fails to comply with subdivision (a), the
aggrieved tenant may bring an action in a court of competent
jurisdiction. The remedies the court may order shall include, but are
not limited to, the following:
(1) Requiring the landlord to be made the customer of record with
the utility for the tenant's meter.
(2) Ordering the landlord to reimburse the tenant for payments
made by the tenant to the utility for service to areas outside of the
tenant's dwelling unit. Payments to be reimbursed pursuant to this
paragraph shall commence from the date the obligation to disclose
arose under subdivision (a).
(c) Nothing in this section limits any remedies available to a
landlord or tenant under other provisions of this chapter, the rental
agreement, or applicable statutory or common law.
