Bill Text: CA AB2785 | 2023-2024 | Regular Session | Amended
Bill Title: Tenancy: applications and security deposits.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced) 2024-05-20 - Ordered to inactive file at the request of Assembly Member Wilson. [AB2785 Detail]
Download: California-2023-AB2785-Amended.html
|
Amended
IN
Assembly
May 13, 2024 |
|
Amended
IN
Assembly
April 03, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 2785
| Introduced by Assembly Member Wilson (Coauthors: Assembly Members Friedman and Quirk-Silva) |
February 15, 2024 |
An act to amend Sections 1950.1, 1950.5, 1950.6, and 1954 of the Civil Code, relating to housing.
LEGISLATIVE COUNSEL'S DIGEST
AB 2785, as amended, Wilson.
Tenancy: application fees applications and security deposits.
Existing
(1) Existing law regulates the terms and conditions of residential tenancies, including authorizing authorizing a landlord to elect to accept reusable tenant screening reports, as specified, and prohibiting a landlord who accepts a reusable tenant screening report from charging a fee to access the report or an application screening fee. Existing
law defines a reusable tenant screening report to mean a consumer report that meets specified criteria, including that it was prepared within the previous 30 days by a consumer reporting agency at the request and expense of an applicant.
This bill would, instead, require a landlord to accept a reusable tenant screening report if an applicant has and elects to provide a reusable tenant screening report. The bill would authorize a landlord to charge an application screening fee to cover the costs of obtaining information about the applicant if the applicant does not have or elect to provide a reusable tenant screening report. The bill would revise the above-described criteria in the definition of a reusable tenant screening report to include a consumer report that was prepared within the previous 30 days by a consumer reporting agency at the request and expense
of, or on behalf of, an applicant. The bill would specify that a reusable tenant screening report includes a copy of a consumer credit report provided pursuant to specified provisions if the consumer credit report meets certain criteria, as described below.
(2) Existing law authorizes a landlord to hold security for any tenant who is a party to the lease or agreement, subject to specified requirements. Existing law defines security as any payment, fee, deposit, or charge that is imposed, as specified, to reimburse the landlord for costs associated with processing a new tenant or that is imposed as an advance payment of rent, used for any purpose. Existing law authorizes a landlord to claim any of the security in the amount reasonably
necessary for the above-described purposes. Existing law requires the landlord to, among other things, return any remaining portion of the security to the tenant.
This bill would require a landlord to, within 30 days of receiving a tenant’s security, deposit the sum into an account of a bank or other financial institution regulated by the state or federal government, subject to specified requirements, including that, if the security is deposited into an interest-bearing account, any balance originating from the security that remains in the account after reimbursement to the landlord as described above, including interest accrued on that balance less any estimated taxes, is payable to the tenant, as specified.
Existing
(3) Existing law authorizes a landlord or their agent to charge an applicant an application screening fee, as defined, to cover the costs of obtaining information about the applicant, including personal reference checks and consumer credit reports, as specified, when they receive a request to rent a residential property from an applicant. Existing law prohibits the application screening fee charged by the landlord from exceeding $30 per applicant, and authorizes the landlord to adjust the fee annually, as specified.
Existing law requires the landlord to return any amount of the screening fee that is not used for the above-described purposes if the landlord or their agent does not perform a personal reference check or does not obtain a consumer report. Existing law also requires a landlord or their agent to provide a copy of a consumer credit report obtained to the applicant who is the subject of that report if the applicant paid an application screening fee and the applicant requests a copy of the consumer credit report.
This bill would, instead, prohibit the above-described application screening fee from exceeding $50 per applicant, and remove the provision authorizing the landlord to adjust the application screening fee annually. The bill would also would require the landlord to return any amount of the screening fee within 21 days of when the fee was collected if, among other things, the landlord does not select the applicant for tenancy or if the fee collected exceeds the above-described amount. The bill would require the landlord to include in all tenancy application forms a clear provision that notifies prospective applicants of a refund policy, as specified.
The bill would, instead, require a landlord or their agent to, within 2 business days of obtaining a consumer credit report and any other relevant information on the applicant, as described, provide a copy of the consumer credit report, as specified, and the relevant information to the applicant who is the subject of the report and information, as specified.
(4) The bill would require a landlord to include in all tenancy application forms clear provisions that notify prospective applicants of various requirements imposed by the bill’s provisions, including the reusable tenant screening report policy described above.
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.
Section 1950.1 of the Civil Code is amended to read:1950.1.
(a) A reusable tenant screening report shall include all of the following information regarding an applicant:(1) Name.
(2) Contact information.
(3) Verification of employment.
(4) Last known address.
(5) Results of an eviction history check in a manner and for a period of time consistent with applicable law related to the consideration of eviction history in housing.
(b) A reusable tenant screening report shall prominently state the date
through which the information contained in the report is current.
(c) (1) (A) A landlord may elect to accept reusable tenant screening reports shall accept a reusable tenant screening report if an applicant has and elects to provide a reusable tenant screening report, and may require an applicant to state that there has not been a material change to the information in the reusable tenant screening report.
(B) If an applicant does not have or elect to provide a reusable tenant screening report, a landlord may charge an application screening fee to cover the costs of obtaining information about the applicant pursuant to Section 1950.6.
(2) A landlord shall include in any tenancy application form a clear provision that notifies a prospective applicant of the reusable tenant screening report policy in accordance with paragraph (1).
(d) Notwithstanding Section 1950.6, if an applicant provides a reusable tenant screening report to a landlord that accepts reusable tenant screening reports, the landlord shall not charge the applicant either of the following:
(1) A fee for the landlord to access the report.
(2) An application screening fee.
(e) As used in this section:
(1) “Applicant” has the same meaning as defined in Section 1950.6.
(2) “Application screening fee” has the same meaning as defined in Section 1950.6.
(3) “Consumer report” has the same meaning as defined in Section 1681a of Title 15 of the United States Code.
(4) “Consumer reporting agency” means a person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information
on consumers for the purpose of furnishing consumer reports to third parties and that uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports.
(5) “Landlord” means an owner of residential rental property or the owner’s agent.
(6) (A) “Reusable tenant screening report” means a consumer report that meets all of the following criteria:
(A)
(i) Was prepared within the
previous 30 days by a consumer reporting agency at the request and expense of of, or on behalf of, an applicant.
(B)
(ii) Is made directly available to a landlord for use in the rental application process or is provided through a third-party website that regularly engages in the business of providing a reusable tenant screening report and complies with all state and federal laws pertaining to use and disclosure of information contained in a consumer report by a consumer reporting
agency.
(C)
(iii) Is available to the landlord at no cost to access or use.
(B) “Reusable tenant screening report” includes a copy of a consumer credit report that is provided to an applicant pursuant to subdivision (f) of Section 1950.6 if the consumer credit report meets all of the criteria described in subparagraph (A).
(f) This section does not affect any other applicable law related to the consideration of criminal history information
in housing, including, but not limited to, Article 24 (commencing with Section 12264) of Subchapter 7 of Chapter 5 of Division 4.1 of Title 2 of the California Code of Regulations and local ordinances governing the information that landlords may review and consider when determining to whom they will rent.
(g) If an ordinance, resolution, regulation, administrative action, initiative, or other policy adopted by a city, county, or city and county conflicts with this section, the policy that provides greater protections to applicants shall apply.
(h)This section does not require a landlord to accept
reusable tenant screening reports.
SECTION 1.SEC. 2.
Section 1950.5 of the Civil Code, as added by Section
2 of Chapter 733 of the Statutes of 2023, is amended to read:1950.5.
(a) This section applies to security for a rental agreement for residential property that is used as the dwelling of the tenant.(b) As used in this section, “security” means any payment, fee, deposit, or charge, including, but not limited to, any payment, fee, deposit, or charge, except as provided in Section 1950.6, that is imposed at the beginning of the tenancy to be used to reimburse the landlord for costs associated with processing a new tenant or that is imposed as an advance payment of rent, used or to be used for any purpose, including, but not limited to, any of the following:
(1) The compensation of a landlord for a
tenant’s default in the payment of rent.
(2) The repair of damages to the premises, exclusive of ordinary wear and tear, caused by the tenant or by a guest or licensee of the tenant.
(3) The cleaning of the premises upon termination of the tenancy necessary to return the unit to the same level of cleanliness it was in at the inception of the tenancy. The amendments to this paragraph enacted by the act adding this sentence shall apply only to tenancies for which the tenant’s right to occupy begins after January 1, 2003.
(4) To remedy future defaults by the tenant in any obligation under the rental agreement to restore, replace, or return personal property or appurtenances, exclusive of ordinary wear and tear, if the
security deposit is authorized to be applied thereto by the rental agreement.
(c) (1) Except as provided in paragraph (2), (3), or (4), a landlord may not demand or receive security, however denominated, in an amount or value in excess of an amount equal to one month’s rent, in addition to any rent for the first month paid on or before initial occupancy.
(2) This subdivision does not prohibit an advance payment of not less than six months’ rent if the term of the lease is six months or longer.
(3) This subdivision does not preclude a landlord and a tenant from entering into a mutual agreement for the landlord, at the request of the tenant and for a specified fee or charge, to make structural,
decorative, furnishing, or other similar alterations, if the alterations are other than cleaning or repairing for which the landlord may charge the previous tenant as provided by subdivision (e).
(4) (A) Notwithstanding paragraph (1), a landlord may not demand or receive security, however denominated, in an amount or value in excess of an amount equal to two months’ rent, in addition to any rent for the first month paid on or before initial occupancy if the landlord meets both of the following requirements:
(i) The landlord is a natural person or a limited liability company in which all members are natural persons.
(ii) The landlord owns no more than two residential rental properties that
collectively include no more than four dwelling units offered for rent.
(B) Subparagraph (A) shall not apply if the prospective tenant is a service member. A landlord shall not refuse to enter into a rental agreement for residential property with a prospective tenant who is a service member because this subparagraph prohibits the landlord from demanding or receiving a greater amount of security than that which is established in paragraph (1). For purposes of this paragraph, “service member” has the same meaning as in Section 400 of the Military and Veterans Code.
(C) For purposes of this paragraph:
(i) “Natural person” includes any natural person who is a settlor or beneficiary of a family trust.
(ii) “Family trust” means a revocable living trust or irrevocable trust in which the settlors and beneficiaries of the trust are persons who are related to each other as sibling, spouse, domestic partner, child, parent, grandparent, or grandchild.
(5) This subdivision shall not apply to a security collected or demanded by the landlord before July 1, 2024.
(d) Any security shall be held by the landlord for the tenant who is party to the lease or agreement. The claim of a tenant to the security shall be prior to the claim of any creditor of the landlord.
(e) The landlord may claim of the security only those amounts as are reasonably necessary for the purposes specified in
subdivision (b). The landlord may not assert a claim against the tenant or the security for damages to the premises or any defective conditions that preexisted the tenancy, for ordinary wear and tear or the effects thereof, whether the wear and tear preexisted the tenancy or occurred during the tenancy, or for the cumulative effects of ordinary wear and tear occurring during any one or more tenancies.
(f) Within 30 days of receiving a tenant’s security, the landlord shall deposit the sum into an account of a bank or other financial institution regulated by the state or federal government.
(1) The account shall only contain funds deposited for the purpose of this section.
(2) If the security
is deposited into an interest-bearing account, any balance originating from the tenant’s security remaining in the account after reimbursement to the landlord for the purposes specified in subdivision (b), including interest accrued on that balance less any estimated taxes, shall be payable to the tenant in accordance with subdivision (h).
(g) (1) Within a reasonable time after notification of either party’s intention to terminate the tenancy, or before the end of the lease term, the landlord shall notify the tenant in writing of the tenant’s option to request an initial inspection and of the tenant’s right to be present at the inspection. The requirements of this subdivision do not apply when the tenancy is terminated pursuant to subdivision (2), (3), or (4) of Section 1161 of the Code of Civil Procedure. At a reasonable time,
but no earlier than two weeks before the termination or the end of lease date, the landlord, or an agent of the landlord, shall, upon the request of the tenant, make an initial inspection of the premises prior to any final inspection the landlord makes after the tenant has vacated the premises. The purpose of the initial inspection shall be to allow the tenant an opportunity to remedy identified deficiencies, in a manner consistent with the rights and obligations of the parties under the rental agreement, in order to avoid deductions from the security. If a tenant chooses not to request an initial inspection, the duties of the landlord under this subdivision are discharged. If an inspection is requested, the parties shall attempt to schedule the inspection at a mutually acceptable date and time. The landlord shall give at least 48 hours’ prior written notice of the date and time of the inspection
if either a mutual time is agreed upon, or if a mutually agreed time cannot be scheduled but the tenant still wishes an inspection. The tenant and landlord may agree to forgo the 48-hour prior written notice by both signing a written waiver. The landlord shall proceed with the inspection whether the tenant is present or not, unless the tenant previously withdrew their request for the inspection. Written notice by the landlord shall contain, in substantially the same form, the following:
“State law permits former tenants to reclaim abandoned personal property left at the former address of the tenant, subject to certain conditions. You may or may not be able to reclaim property without incurring additional costs, depending on the cost of storing the property and the length of time before it is reclaimed. In general, these costs will be lower the sooner you
contact your former landlord after being notified that property belonging to you was left behind after you moved out.”
(2) Based on the inspection, the landlord shall give the tenant an itemized statement specifying repairs or cleanings that are proposed to be the basis of any deductions from the security the landlord intends to make pursuant to paragraphs (1) to (4), inclusive, of subdivision (b). This statement shall also include the texts of paragraphs (1) to (4), inclusive, of subdivision (b). The statement shall be given to the tenant, if the tenant is present for the inspection, or shall be left inside the premises.
(3) The tenant shall have the opportunity during the period following the initial inspection until termination of the tenancy to remedy identified deficiencies, in a
manner consistent with the rights and obligations of the parties under the rental agreement, in order to avoid deductions from the security.
(4) Nothing in this subdivision shall prevent a landlord from using the security for deductions itemized in the statement provided for in paragraph (2) that were not cured by the tenant so long as the deductions are for damages authorized by this section.
(5) Nothing in this subdivision shall prevent a landlord from using the security for any purpose specified in paragraphs (1) to (4), inclusive, of subdivision (b) that occurs between completion of the initial inspection and termination of the tenancy or was not identified during the initial inspection due to the presence of a tenant’s possessions.
(h) (1) No later than 21 calendar days after the tenant has vacated the premises, but not earlier than the time that either the landlord or the tenant provides a notice to terminate the tenancy under Section 1946 or 1946.1, Section 1161 of the Code of Civil Procedure, or not earlier than 60 calendar days prior to the expiration of a fixed-term lease, the landlord shall furnish the tenant, by personal delivery or by first-class mail, postage prepaid, a copy of an itemized statement indicating the basis for, and the amount of, any security received and the disposition of the security, and shall return any remaining portion of the security to the tenant. After either the landlord or the tenant provides notice to terminate the tenancy, the landlord and tenant may mutually agree to have the landlord deposit any remaining portion of the security deposit electronically to
a bank account or other financial institution designated by the tenant. After either the landlord or the tenant provides notice to terminate the tenancy, the landlord and the tenant may also agree to have the landlord provide a copy of the itemized statement along with the copies required by paragraph (2) to an email account provided by the tenant.
(2) Along with the itemized statement, the landlord shall also include copies of documents showing charges incurred and deducted by the landlord to repair or clean the premises, as follows:
(A) If the landlord or landlord’s employee did the work, the itemized statement shall reasonably describe the work performed. The itemized statement shall include the time spent and the reasonable hourly rate charged.
(B) If the landlord or landlord’s employee did not do the work, the landlord shall provide the tenant a copy of the bill, invoice, or receipt supplied by the person or entity performing the work. The itemized statement shall provide the tenant with the name, address, and telephone number of the person or entity, if the bill, invoice, or receipt does not include that information.
(C) If a deduction is made for materials or supplies, the landlord
shall provide a copy of the bill, invoice, or receipt. If a particular material or supply item is purchased by the landlord on an ongoing basis, the landlord may document the cost of the item by providing a copy of a bill, invoice, receipt, vendor price list, or other vendor document that reasonably documents the cost of the item used in the repair or cleaning of the unit.
(3) If a repair to be done by the landlord or the landlord’s employee cannot reasonably be completed within 21 calendar days after the tenant has vacated the premises, or if the documents from a person or entity providing services, materials, or supplies are not in the landlord’s possession within 21 calendar days after the tenant has vacated the premises, the landlord may deduct the amount of a good faith estimate of the charges that will be incurred and provide
that estimate with the itemized statement. If the reason for the estimate is because the documents from a person or entity providing services, materials, or supplies are not in the landlord’s possession, the itemized statement shall include the name, address, and telephone number of the person or entity. Within 14 calendar days of completing the repair or receiving the documentation, the landlord shall complete the requirements in paragraphs (1) and (2) in the manner specified.
(4) The landlord need not comply with paragraph (2) or (3) if either of the following applies:
(A) The deductions for repairs and cleaning together do not exceed one hundred twenty-five dollars ($125).
(B) The tenant waived the rights specified in
paragraphs (2) and (3). The waiver shall only be effective if it is signed by the tenant at the same time or after a notice to terminate a tenancy under Section 1946 or 1946.1 has been given, a notice under Section 1161 of the Code of Civil Procedure has been given, or no earlier than 60 calendar days prior to the expiration of a fixed-term lease. The waiver shall substantially include the text of paragraph (2).
(5) Notwithstanding paragraph (4), the landlord shall comply with paragraphs (2) and (3) when a tenant makes a request for documentation within 14 calendar days after receiving the itemized statement specified in paragraph (1). The landlord shall comply within 14 calendar days after receiving the request from the tenant.
(6) Any mailings to the tenant pursuant to this subdivision
shall be sent to the address provided by the tenant. If the tenant does not provide an address, mailings pursuant to this subdivision shall be sent to the unit that has been vacated.
(i) Upon termination of the landlord’s interest in the premises, whether by sale, assignment, death, appointment of receiver, or otherwise, the landlord or the landlord’s agent shall, within a reasonable time, do one of the following acts, either of which shall relieve the landlord of further liability with respect to the security held:
(1) Transfer the portion of the security remaining after any lawful deductions made under subdivision (e) to the landlord’s successor in interest. The landlord shall thereafter notify the tenant by personal delivery or by first-class mail, postage prepaid, of the transfer,
of any claims made against the security, of the amount of the security deposited, and of the names of the successors in interest, their addresses, and their telephone numbers. If the notice to the tenant is made by personal delivery, the tenant shall acknowledge receipt of the notice and sign their name on the landlord’s copy of the notice.
(2) Return the portion of the security remaining after any lawful deductions made under subdivision (e) to the tenant, together with an accounting as provided in subdivision (h).
(j) Prior to the voluntary transfer of a landlord’s interest in the premises, the landlord shall deliver to the landlord’s successor in interest a written statement indicating the following:
(1) The security
remaining after any lawful deductions are made.
(2) An itemization of any lawful deductions from any security received.
(3) Their election under paragraph (1) or (2) of subdivision (i).
This subdivision does not affect the validity of title to the real property transferred in violation of this subdivision.
(k) (1) In the event of noncompliance with subdivision (i), the landlord’s successors in interest shall be jointly and severally liable with the landlord for repayment of the security, or that portion thereof to which the tenant is entitled, when and as provided in subdivisions (e) and (h). A successor in interest of a landlord may not require the tenant to post any
security to replace that amount not transferred to the tenant or successors in interest as provided in subdivision (i), unless and until the successor in interest first makes restitution of the initial security as provided in paragraph (2) of subdivision (i) or provides the tenant with an accounting as provided in subdivision (h).
(2) This subdivision does not preclude a successor in interest from recovering from the tenant compensatory damages that are in excess of the security received from the landlord previously paid by the tenant to the landlord.
(3) Notwithstanding this subdivision, if, upon inquiry and reasonable investigation, a landlord’s successor in interest has a good faith belief that the lawfully remaining security deposit is transferred to the successor in
interest or returned to the tenant pursuant to subdivision (i) the successor in interest is not liable for damages as provided in subdivision (m), or any security not transferred pursuant to subdivision (i).
(l) Upon receipt of any portion of the security under paragraph (1) of subdivision (i), the landlord’s successors in interest shall have all of the rights and obligations of a landlord holding the security with respect to the security.
(m) The bad faith claim or retention by a landlord or the landlord’s successors in interest of the security or any portion thereof in violation of this section, or the bad faith demand of replacement security in violation of subdivision (k), may subject the landlord or the landlord’s successors in interest to statutory damages of up
to twice the amount of the security, in addition to actual damages. The court may award damages for bad faith whenever the facts warrant that award, regardless of whether the injured party has specifically requested relief. In an action under this section, the landlord or the landlord’s successors in interest shall have the burden of proof as to the reasonableness of the amounts claimed or the authority pursuant to this section to demand additional security deposits.
(n) No lease or rental agreement may contain a provision
characterizing any security as “nonrefundable.”
(o) An action under this section may be maintained in small claims court if the damages claimed, whether actual, statutory, or both, are within the jurisdictional amount allowed by Section 116.220 or 116.221 of the Code of Civil Procedure.
(p) Proof of the existence of and the amount of a security deposit may be established by any credible evidence, including, but not limited to, a canceled check, a receipt, a lease indicating the requirement of a deposit as well as the amount, prior consistent statements or actions of the landlord or tenant, or a statement under penalty of perjury that satisfies the credibility requirements set forth in Section 780 of the Evidence Code.
(q) The amendments to this section made during the 1985 portion of the 1985–86 Regular Session of the Legislature that are set forth in subdivision (e) are declaratory of existing law.
(r) The amendments to this section made during the 2003 portion of the 2003–04 Regular Session of the Legislature that are set forth in paragraph (1) of subdivision (g) are declaratory of existing law.
SEC. 2.SEC. 3.
Section 1950.6 of the Civil Code is amended to read:1950.6.
(a) Notwithstanding Section(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 fifty dollars ($50) per applicant. 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 landlord or their agent may not charge 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.
(d) (1) 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.
(2) A landlord shall include in all tenancy application forms a clear provision that notifies prospective applicants of the application screening fee receipt policy in accordance with paragraph (1).
(e) (1) The landlord or their agent shall return any amount of the screening fee to the applicant within 21 days of when the fee was collected in the event of any of the following circumstances:
(A) The landlord or their agent does not perform a personal reference check or does not obtain a consumer credit report.
(B) The landlord does not select the applicant for tenancy.
(C) The fee collected exceeds the maximum amount described in subdivision (b).
(2) The landlord shall include in all tenancy application forms a clear provision that notifies prospective applicants of a refund
policy in accordance with paragraph (1).
(f) (1) If an application screening fee has been paid by the applicant and if requested by the applicant, the landlord or their agent shall shall, within two business days of obtaining a consumer credit report and any other relevant information on the applicant, provide a copy of the consumer credit report to the applicant who is the subject of that report.
and the relevant information to the applicant who is the subject of the report and information.
(A) The copy of the consumer credit report shall include both of the following:
(i) The contact information of the landlord or their agent who obtained the consumer credit report.
(ii) The date in which the consumer credit report was completed.
(B) Relevant information on the applicant may include, but is not limited to, any of the following information:
(i) The applicant’s name.
(ii) The applicant’s contact information.
(iii) Verification of the applicant’s employment.
(iv) The applicant’s last known address.
(v) Results of an eviction history check on the applicant in a manner and for a period of time consistent with applicable law related to the consideration of eviction history in housing.
(2) A landlord shall include in all tenancy application forms a clear provision that notifies prospective applicants of the consumer credit report and applicant information copy policy in accordance with paragraph (1).
(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.
SEC. 3.SEC. 4.
Section 1954 of the Civil Code is amended to read:1954.
(a) A landlord may enter the dwelling unit only in the following cases:(1) In case of emergency.
(2) To make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors or to make an inspection pursuant to subdivision (g) of Section 1950.5.
(3) When the tenant has abandoned or surrendered the premises.
(4) Pursuant to court order.
(5) For the purposes set forth in Chapter 2.5 (commencing with Section 1954.201).
(6) To comply with the provisions of Article 2.2 (commencing with Section 17973) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code.
(b) Except in cases of emergency or when the tenant has abandoned or surrendered the premises, entry may not be made during other than normal business hours unless the tenant consents to an entry during other than normal business hours at the time of entry.
(c) The landlord may not abuse the right of access or use it to harass the tenant.
(d) (1) Except as provided in subdivision (e), or as provided in paragraph (2) or (3), the landlord shall give the tenant reasonable notice in writing of the landlord’s intent to enter and enter only during normal business hours. The notice shall include the date, approximate time, and purpose of the entry. The notice may be personally delivered to the tenant, left with someone of a suitable age and discretion at the premises, or, left on, near, or under the usual entry door of the premises in a manner in which a reasonable person would discover the notice. Twenty-four hours shall be presumed to be reasonable notice in absence of evidence to the contrary. The notice may be mailed to the tenant. Mailing of the notice at least six days prior to an intended entry is presumed reasonable notice in the absence of evidence to the contrary.
(2) If the purpose of the entry is to exhibit the dwelling unit to prospective or actual purchasers, the notice may be given orally, in person or by telephone, if the landlord or the landlord’s agent has notified the tenant in writing within 120 days of the oral notice that the property is for sale and that the landlord or agent may contact the tenant orally for the purpose described above. Twenty-four hours is presumed reasonable notice in the absence of evidence to the contrary. The notice shall include the date, approximate time, and purpose of the entry. At the time of entry, the landlord or agent shall leave written evidence of the entry inside the unit.
(3) The tenant and the landlord may agree orally to an entry to make agreed repairs or supply agreed services. The agreement shall include the date and approximate time of
the entry, which shall be within one week of the agreement. In this case, the landlord is not required to provide the tenant a written notice.
(e) No notice of entry is required under this section:
(1) To respond to an emergency.
(2) If the tenant is present and consents to the entry at the time of entry.
(3) After the tenant has abandoned or surrendered the unit.
