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AB-1188 Dwelling units: persons at risk of homelessness.(2019-2020)

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Date Published: 03/25/2019 09:00 PM
AB1188:v98#DOCUMENT

Amended  IN  Assembly  March 25, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 1188


Introduced by Assembly Member Gabriel

February 21, 2019


An act relating to tenancy. to add Section 1942.8 to the Civil Code, relating to residential rental property.


LEGISLATIVE COUNSEL'S DIGEST


AB 1188, as amended, Gabriel. Tenancy: family members at risk of homelessness. Dwelling units: persons at risk of homelessness.
Existing law specifies various terms and conditions that apply to all persons who hire dwelling units located within this state, including tenants, lessees, boarders, lodgers, and others. Existing law defines a “dwelling unit” for these purposes as a structure or part of a structure that is used as a home, residence, or sleeping place by one person who maintains a household or by 2 or more persons who maintain a common household.
This bill would authorize a tenant to temporarily permit the occupancy of their dwelling unit by a person who is at risk of homelessness, as defined, for no more than 12 months, regardless of the terms of the lease, without negative repercussions from the owner or landlord of the property. The bill would authorize an owner or landlord to adjust the rent payable under the lease by a maximum unspecified percentage amount as compensation during the time the person who is at risk of homelessness is occupying the dwelling unit, and would require the terms regarding the rent payable in those circumstances to be agreed to in writing by both parties. The bill would provide that occupancy by a person at risk of homelessness is not permissible if the addition of another person in the dwelling unit would violate the building’s occupancy limits or other applicable building standards. The bill would permit an owner or landlord to request a background check from the person who is at risk of homelessness that is seeking to occupy the unit. The bill would not apply to any federally funded or assisted low-income housing.

Existing law specifies various terms and conditions that apply to all persons who hire dwelling units located within this state, including prohibiting a landlord from engaging in specified acts for the purpose of influencing a tenant to vacate a dwelling.

This bill would state the intent of the Legislature to allow a tenant in a residential rental unit to provide housing to a family member who is at risk of homelessness in that unit.

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

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


SECTION 1.

 Section 1942.8 is added to the Civil Code, to read:

1942.8.
 (a) Notwithstanding any other law, a tenant may temporarily permit the occupancy of their dwelling unit by a person who is at risk of homelessness for no more than 12 months, regardless of the terms of the lease or rental agreement, without negative repercussions from the owner or landlord of the property.
(b) An owner or landlord may adjust the rent payable under the lease or rental agreement by a maximum of ____ percent as compensation during the time the person who is at risk of homelessness is occupying the tenant’s dueling unit. The terms regarding the rent payable shall be agreed to in writing by both parties.
(c) Notwithstanding subdivision (a), occupancy by a person who is at risk of homelessness is not permissible if the addition of another person in the dwelling unit would violate the building’s occupancy limits or other applicable building standards.
(d) An owner or landlord may request a background check from the person who is at risk of homelessness that is seeking to occupy the unit.
(e) For purposes of this section, “person who is at risk of homelessness” has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations.
(f) This section does not apply to federal Section 8 housing (42 U.S.C. Sec. 1437 et seq.) or to any other federally funded or assisted low-income housing.

SECTION 1.

It is the intent of the Legislature to allow a tenant in a residential rental unit to provide housing to a family member who is at risk of homelessness in that unit.