Bill Text: CA AB1436 | 2019-2020 | Regular Session | Amended
Bill Title: Tenancy: rental payment default: mortgage forbearance: state of emergency: COVID-19.
Spectrum: Partisan Bill (Democrat 19-0)
Status: (Engrossed - Dead) 2020-08-20 - From committee: Do pass and re-refer to Com. on RLS. (Ayes 5. Noes 2.) (August 20). Re-referred to Com. on RLS. [AB1436 Detail]
Download: California-2019-AB1436-Amended.html
Amended
IN
Senate
July 02, 2020 |
Amended
IN
Senate
June 10, 2020 |
Amended
IN
Assembly
May 16, 2019 |
Amended
IN
Assembly
April 25, 2019 |
Amended
IN
Assembly
March 27, 2019 |
Introduced by Assembly Members Chiu, Bonta, Gonzalez, Santiago, and Wicks (Coauthors: Assembly Members Kalra, Nazarian, Quirk-Silva, and Luz Rivas) (Coauthors: Senators Allen, Durazo, Wieckowski, and Wiener) |
February 22, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
The intent of the Legislature in enacting this act is to provide mortgage forbearance and foreclosure protections to residential rental property owners facing economic impacts due to the COVID-19 crisis.SECTION 1.SEC. 2.
Section 1947.01 is added to the Civil Code, immediately following Section 1947, to read:1947.01.
(a) Notwithstanding Sections 1947, 1950.5, or any other law, a landlord shall not apply a security deposit or monthly rental payment tendered by that tenant to a satisfaction of an obligation other than the prospective month’s rent if the obligation accrued(c)For purposes of this section, “state of emergency” means a state of emergency officially declared by the state, including, but not limited to, the state of emergency proclamation issued by the Governor on March 4, 2020, or a local emergency declared in the jurisdiction in which the property is located.
SEC. 2.SEC. 3.
Section 1947.02 is added to the Civil Code, immediately following Section 1947.01, to read:1947.02.
(a)(2)For purposes of this section, “state of emergency” means a state of emergency officially declared by the state, including, but not limited to, the state of emergency proclamation issued by the Governor on March 4, 2020, or a local emergency declared in the jurisdiction in which the property is
located.
SEC. 3.SEC. 4.
Section 1947.03 is added to the Civil Code, immediately following Section 1947.02, to read:1947.03.
(a) A housing provider, credit reporting agency, tenant screening company, or other entity that evaluates tenants on behalf of a housing provider shall not use an alleged default in rent that accrued(b)For purposes of this section, “state of emergency” means a state of emergency officially declared by the state, including, but not limited to,
the state of emergency proclamation issued by the Governor on March 4, 2020, or a local emergency declared in the jurisdiction in which the property is located.
SEC. 4.SEC. 5.
Section 1161.6 is added to the Code of Civil Procedure, immediately following Section 1161.5, to read:1161.6.
(a) Notwithstanding paragraph (2) of Section 1161, a covered tenant is not guilty of unlawful detainer if the alleged default in payment of rent accrued(c)For purposes of this section, “state of emergency” means a state of emergency officially declared by the state, including, but not limited to, the state of emergency proclamation issued by the Governor on March 4, 2020, or a local emergency declared in the jurisdiction in which the property is located.