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

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Date Published: 07/01/2019 02:00 PM
AB1188:v96#DOCUMENT

Amended  IN  Senate  July 01, 2019
Amended  IN  Assembly  May 01, 2019
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 to add and repeal Section 1942.8 to of the Civil Code, relating to residential rental property.


LEGISLATIVE COUNSEL'S DIGEST


AB 1188, as amended, Gabriel. 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 or rental agreement, with the written approval of the owner or landlord of the property. property, and subject to extension under certain circumstances. The bill would authorize an owner or landlord to adjust the rent payable under the lease during the time the person who is at risk of homelessness is occupying the dwelling unit, as compensation for the occupancy of that person, and would require the terms regarding the rent payable in those circumstances to be agreed to in writing by the owner or landlord and the tenant. The bill would establish the rights and obligations of the person at risk of homelessness, the tenant, and the owner applicable under these circumstances. These conditions would include making the tenant liable for the actions of the person at risk of homelessness to the extent those actions are subject to the terms of the lease or property agreement and requiring a written agreement between the 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 not apply to any federally funded or assisted low-income housing. The bill would repeal these provisions on January 1, 2024.
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) It is the intent of the Legislature in enacting this act section to assist those at risk of homelessness and to encourage landlords and tenants to permit those persons to temporarily reside on their property.
(b) Notwithstanding any other law, and regardless of the terms of the lease or rental agreement, a tenant may, with the written approval of the owner or landlord of the property, temporarily permit the occupancy of their dwelling unit by a person who is at risk of homelessness, for no more than 12 months.
(c) (1) An owner or landlord may adjust the rent payable under the lease or rental agreement during the time the person who is at risk of homelessness is occupying the tenant’s dwelling unit, as compensation for the occupancy of that person. The terms regarding the rent payable shall be agreed to in writing by the owner or landlord and the tenant, and shall be consistent with any applicable rent stabilization ordinance.
(2) If the person who is at risk of homelessness moves out during the term of the lease or rental agreement to which the tenant was already subject, the landlord shall adjust the rent back to the amount that was due from the tenant before the time the person at risk of homelessness occupied the unit.
(3)  The tenant shall be liable for the timely and total payment of the rent, pursuant to the lease or property agreement, in its entirety.
(d) The person at risk of homelessness shall have all of the rights and obligations of a lodger pursuant to Section 1946.5, and any other rights and obligations of a lodger under California law. The parties shall not agree to give the person at risk of homelessness rights that are less protective than that of a lodger.

(d)

(e) Unless otherwise agreed upon by all parties, all of the following apply:

(1)For purposes of this section, the person at risk of homelessness shall have the rights and obligations of a lodger pursuant to Section 1946.5, and any other rights and obligations of a lodger under California law.

(2)

(1) For purposes of this section, the tenant shall have the same rights and obligations toward the person at risk of homelessness as an owner pursuant to Section 1946.5, and any other rights and obligations of an owner applicable to that relationship under California law.

(3)

(2) The tenant shall be liable for the actions of the person at risk of homelessness to the extent those actions are bound by the terms of the lease or property agreement to which the tenant was already subject, and the tenant shall inform that person of all rules and regulations applicable to the premises, and occupants thereof.

(4)

(3) The tenant and the landlord shall enter into a written agreement, signed by both parties, indicating that the tenant is liable for the actions of the person at risk of homelessness as provided in paragraph (3). (2). The agreement shall include a provision that states that failure by the tenant to terminate the occupancy of the person at risk of homelessness upon that person’s violation of the rules and regulations pursuant to the lease or property agreement of the tenant could result in termination of the lease or property agreement of the tenant.

(5)

(4) The tenant shall provide the person at risk of homelessness with a copy of the lease or property agreement with the landlord to which the tenant was already subject.

(6)

(5) The tenant and the person at risk of homelessness shall enter into a written agreement, signed by both parties, that includes all of the following: following provisions:
(A) The person at risk of homelessness will shall abide by the rules and regulations prescribed under the lease or property agreement to which the tenant was already subject.
(B) The person at risk of homelessness, pursuant to this agreement and with the consent of the landlord, shall be subject to the rights and obligations of a lodger provided by Section 1946.5 and any other rights and obligations of a lodger under California law.
(C) The occupancy of the person at risk of homelessness may be terminated by the tenant at will, provided the tenant gives written notice to the person at risk of homelessness in accordance with Section 1946.
(D) In the absence of any agreement otherwise between the landlord and the person at risk of homelessness, the occupancy of the person at risk of homelessness will shall be terminated on the date agreed upon by the tenant and the landlord.

(7)

(6) The tenant shall provide the person at risk of homelessness and the landlord with a copy of the signed written agreement described in paragraph (6). (5).
(e) (1) The person at risk of homelessness’ right to occupy the premises will shall terminate on the earlier of one any of the following:
(A) The date agreed to by the landlord, which shall be no more than 12 months after the person moves in.
(B) The termination of the tenant’s tenancy for any reason.
(C) The tenant vacating the premises.
(2) Notwithstanding subparagraph (A) of paragraph (1), the landlord, the tenant, and the person at risk of homelessness may, by mutual agreement, extend the person’s right to occupy the unit beyond 12 months. An agreement to extend the rights to occupy described in this paragraph may include full rights of tenancy by the person.
(f) Nothing in this section shall be construed to compel a landlord or property owner to agree to permit the occupancy of the person at risk of homelessness in the unit.
(g) Notwithstanding subdivision (b), occupancy by a person who is at risk of homelessness pursuant to this section 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.
(h) For the 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, except that the criterion provided in subdivision (ii) of subsection (1) of that definition shall not apply.
(i) 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.
(j) This section is not intended to supersede any applicable rent control law.
(k) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.