Amended  IN  Assembly  February 23, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 485

Introduced by Assembly Member Davies

February 07, 2023

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


LEGISLATIVE COUNSEL'S DIGEST


AB 485, as amended, Davies. Tenancy: application screening fee.
Existing law regulates the hiring of real property and imposes various requirements on landlords relating to the application for, and leasing of, residential rental property, including prohibiting the imposition of an application screening fee greater than the cost of gathering information concerning the applicant, or the cost of using a tenant screening service or a consumer credit reporting service. Existing law specifies that in no case shall the application screening fee charged by the landlord or their agent be greater than $30 and authorizes the fee to be adjusted annually by the landlord or their agent commensurate with an increase in the Consumer Price Index, as specified. $30. Existing law requires a landlord or their agent give a copy of a consumer credit report to an applicant who has paid an application screening fee and who is the subject of that report, if so requested by the applicant.
This bill would increase the maximum application screening fee that may be charged by a landlord or their agent to $40 and would remove the authorization for the fee to be adjusted annually. The bill would specify that any additional moneys deposited into a state housing assistance program pursuant to that provision are available upon appropriation. require, under the circumstances described above, that the consumer credit report be given to the applicant within 24 hours. The bill would also make other nonsubstantive changes to these provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   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 forty dollars ($40) thirty-dollar ($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) 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.
(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. report within 24 hours.
(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) (1)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.

(2)Any additional moneys deposited into a state housing assistance program authorized pursuant to the act that added this paragraph shall only be available to that state housing assistance program upon appropriation by the Legislature.