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

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Date Published: 10/05/2017 09:00 PM
AB299:v95#DOCUMENT

Assembly Bill No. 299
CHAPTER 490

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

[ Approved by Governor  October 05, 2017. Filed with Secretary of State  October 05, 2017. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 299, 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. Existing law provides that these prohibitions do not prohibit a landlord from complying with any legal obligation under federal law.
This bill would revise 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. The bill would clarify that the term “federal law” in the provision described above includes any legal obligation of a landlord under a federal government program that provides for rent limitations or rental assistance to a qualified tenant, and would broaden that provision to include any legal obligation of a landlord under a subpoena, warrant, or other order issued by a court.
This bill would incorporate additional changes to Section 1940.3 of the Civil Code proposed by AB 291 to be operative only if this bill and AB 291 are enacted and this bill is enacted last.
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) A public entity shall not, by ordinance, regulation, policy, or administrative action implementing any statute, ordinance, 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) 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) This section does not prohibit a landlord from either:
(1) Complying with any legal obligation under federal law, including, but not limited to, any legal obligation under any federal government program that provides for rent limitations or rental assistance to a qualified tenant, or a subpoena, warrant, or other order issued by a court.
(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.

SEC. 1.5

 Section 1940.3 of the Civil Code is amended to read:

1940.3.
 (a) A public entity shall not, by ordinance, regulation, policy, or administrative action implementing any ordinance, 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) 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.
(3) Disclose to any person or entity information regarding or relating to the immigration or citizenship status of any tenant, prospective tenant, occupant, or prospective occupant of the rental property for the purpose of, or with the intent of, harassing or intimidating a tenant, prospective tenant, occupant, or prospective occupant, retaliating against a tenant or occupant for the exercise of his or her rights, influencing a tenant or occupant to vacate a dwelling, or recovering possession of the dwelling.
(c) This section does not prohibit a landlord from doing any of the following:
(1) Complying with any legal obligation under federal law, including, but not limited to, any legal obligation under any federal government program that provides for rent limitations or rental assistance to a qualified tenant, or a subpoena, warrant, or other order issued by a court.
(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.

SEC. 2.

 Section 1.5 of this bill incorporates amendments to Section 1940.3 of the Civil Code proposed by both this bill and Assembly Bill 291. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2018, (2) each bill amends Section 1940.3 of the Civil Code, and (3) this bill is enacted after Assembly Bill 291, in which case Section 1 of this bill shall not become operative.