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AB-299 Hiring of real property: immigration or citizenship status.(2017-2018)

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Date Published: 02/06/2017 09:00 PM
AB299:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 299


Introduced by Assembly Member Calderon

February 06, 2017


An act to amend Section 1940.3 of the Civil Code, relating to hiring of real property.


LEGISLATIVE COUNSEL'S DIGEST


AB 299, as introduced, Calderon. Hiring of real property: immigration or citizenship status.
Existing law prohibits any city, county, or city and county from compelling a landlord or any agent of the landlord to take any action, as specified, based on the immigration or citizenship status of a tenant, prospective tenant, occupant, or prospective occupant of residential rental property.
This bill would expand this prohibition to include a “public entity,” which the bill would define to include the state, as defined, a city, county, city and county, district, public authority, public agency, and any other political subdivision or public corporation in the state.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 1940.3 of the Civil Code is amended to read:

1940.3.
 (a) No city, county, or city and county shall, by statute, A public entity shall not, by statute, ordinance, or regulation, policy, or by administrative action implementing any statute, ordinance, or regulation, policy, or administrative action, 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 A landlord or any agent of the landlord shall not 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 disclose or make any statement, representation, or certification concerning his or her immigration or citizenship status.
(c) Nothing in this This section shall not 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.
(d) For purposes of this section, both of the following shall apply:
(1) “Public entity” includes the state, a city, county, city and county, district, public authority, public agency, and any other political subdivision or public corporation in the state.
(2) “State” includes any state office, department, division, bureau, board, or commission and the Trustees of the California State University and the California State University.