Bill Text: CA AB2493 | 2023-2024 | Regular Session | Introduced

California Assembly Bill 2493 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Tenancy: application screening fee.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2024-09-29 - Chaptered by Secretary of State - Chapter 966, Statutes of 2024. [AB2493 Detail]

Download: California-2023-AB2493-Introduced.html

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 2493

Introduced by Assembly Member Pellerin
(Coauthor: Senator Laird)

February 13, 2024

An act to amend Section 1950.6 of the Civil Code, relating to tenancy.

LEGISLATIVE COUNSEL'S DIGEST

AB 2493, as introduced, Pellerin. Tenancy: application screening fee: waiting list.

Existing law authorizes a landlord or their agent, when they receive a request to rent a residential property, to charge an application screening fee to cover the cost of obtaining information about the applicant. Existing law also prohibits a landlord or their agent from charging an applicant an application screening fee when they know or should have known that no rental unit is available at that time or will be available within a reasonable period of time, unless the applicant agrees in writing.

This bill would instead prohibit a landlord or their agent from charging an applicant an application screening fee to be entered onto a waiting list when they know or should have known that no rental unit is available at that time or will be available within a reasonable period of time.

Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 1950.6 of the Civil Code is amended to read:

1950.6.

(a) Notwithstanding Section 1950.5, when a landlord or their agent receives a request to rent a residential property from an applicant, the landlord or their agent may charge that applicant an application screening fee to cover the costs of obtaining information about the applicant. The information requested and obtained by the landlord or their agent may include, but is not limited to, personal reference checks and consumer credit reports produced by consumer credit reporting agencies as defined in Section 1785.3. A landlord or their agent may, but is not required to, accept and rely upon a consumer credit report presented by an applicant.

(b) The amount of the application screening fee shall not be greater than the actual out-of-pocket costs of gathering information concerning the applicant, including, but not limited to, the cost of using a tenant screening service or a consumer credit reporting service, and the reasonable value of time spent by the landlord or their agent in obtaining information on the applicant. In no case shall the amount of the application screening fee charged by the landlord or their agent be greater than thirty dollars ($30) per applicant. The thirty dollar ($30) application screening fee may be adjusted annually by the landlord or their agent commensurate with an increase in the Consumer Price Index, beginning on January 1, 1998.

(c) ~~Unless the applicant agrees in writing, a~~ A landlord or their agent ~~may~~ shall not charge an applicant an application screening fee to be entered onto a waiting list when they know or should have known that no rental unit is available at that time or will be available within a reasonable period of time.

(d) The landlord or their agent shall provide, personally, or by mail, the applicant with a receipt for the fee paid by the applicant, which receipt shall itemize the out-of-pocket expenses and time spent by the landlord or their agent to obtain and process the information about the applicant. The landlord or their agent and the applicant may agree to have the landlord provide a copy of the receipt for the fee paid by the applicant to an email account provided by the applicant.

(e) If the landlord or their agent does not perform a personal reference check or does not obtain a consumer credit report, the landlord or their agent shall return any amount of the screening fee that is not used for the purposes authorized by this section to the applicant.

(f) If an application screening fee has been paid by the applicant and if requested by the applicant, the landlord or their agent shall provide a copy of the consumer credit report to the applicant who is the subject of that report.

(g) As used in this section, “landlord” means an owner of residential rental property.

(h) As used in this section, “application screening fee” means any nonrefundable payment of money charged by a landlord or their agent to an applicant, the purpose of which is to purchase a consumer credit report and to validate, review, or otherwise process an application for the rent or lease of residential rental property.

(i) As used in this section, “applicant” means any entity or individual who makes a request to a landlord or their agent to rent a residential housing unit, or an entity or individual who agrees to act as a guarantor or cosignor on a rental agreement.

(j) The application screening fee shall not be considered an “advance fee” as that term is used in Section 10026 of the Business and Professions Code, and shall not be considered “security” as that term is used in Section 1950.5.

(k) This section is not intended to preempt any provisions or regulations that govern the collection of deposits and fees under federal or state housing assistance programs.