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AB-2406 Homeless Accountability and Prevention Act: rental registry online portal.(2019-2020)

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Date Published: 05/11/2020 09:00 PM
AB2406:v97#DOCUMENT

Amended  IN  Assembly  May 11, 2020
Amended  IN  Assembly  May 04, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2406


Introduced by Assembly Member Wicks

February 18, 2020


An act to add Section 1942.9 to the Civil Code, and to add Section 50468 to the Health and Safety Code, relating to residential tenancies.


LEGISLATIVE COUNSEL'S DIGEST


AB 2406, as amended, Wicks. Rental Homeless Accountability and Prevention Act: rental registry online portal.
Existing law regulates the terms and conditions of residential tenancies. Existing law creates various programs for the creation of housing. Existing law requires the Department of Housing and Community Development to develop specifications for the structure, functions, and organization of a housing and community development information system for this state, as specified.
This bill would require the Department of Housing and Community Development to enter into a contract with a contractor to create and administer a rental registry online portal, which would be designed to receive specified information from landlords that both (1) own or operate 5 or more rental dwelling units regarding their residential tenancies and to disseminate this information to the general public. public and (2) accept rental assistance payments from federal or state funds, or both, provided in response to a federal or state proclamation of a state of emergency related to COVID-19, as specified. The bill would require that the rental registry online portal, and the form necessary to support it, be completed by January 1, 2022, and would require a landlord to submit a rental registry form for each property on or before April 1, 2022. The bill would require landlords, under penalty of perjury, to provide a variety of information regarding the location of rental property, its ownership, and its occupancy, among other things. The bill would require a landlord who that completes a rental registry form to receive an Annual Statement of Registration certificate within a reasonable time after completing registration. The bill would also require that the rental registry online portal allow parties other than landlords to submit information, subject to verification by the department before becoming publicly available. The bill would prohibit a landlord from issuing various notices to increase the rent or terminate a tenancy unless the landlord has submitted a form on the rental registry online portal, as specified.
By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 (a) This act shall be known, and may be cited, as the Homeless Accountability and Prevention Act.
(b) It is the intent of the Legislature in enacting this act to do all of the following:
(1) Ensure accountability for landlords receiving rental assistance, from state and federal funds, in response to the COVID-19 state of emergency, proclaimed by the Governor on March 4, 2020.
(2) Prevent homelessness by providing access to data encompassing the full scope of rental units in the state.
(3) Provide an open source portal to local government, courts, nonprofit organizations, and residents of this state to submit and aggregate accurate rental data.

SECTION 1.SEC. 2.

 Section 1942.9 is added to the Civil Code, to read:

1942.9.
 A landlord that fails to that accepts rental assistance payments from federal funds, state funds appropriated by the Legislature, or both, that are provided for that purpose in response to a state of emergency proclaimed by the President of the United States or the Governor in response to COVID-19 shall complete and submit a rental registry form for a dwelling unit as required by Section 50468 of the Health and Safety Code Code. Otherwise, the landlord shall not take any of the following actions until a form is submitted that substantially complies with that section:
(a) Issue a notice of a rent increase.
(b) Issue a notice pursuant to Section 1946.1.
(c) Issue any notice or initiate any action pursuant to Section 1161 of the Code of Civil Procedure.

SEC. 2.SEC. 3.

 Section 50468 is added to the Health and Safety Code, to read:

50468.
 (a) For the purposes of this section:
(1) “Landlord” means a person or entity that for which both of the following apply:
(A) The person or entity hires dwelling units subject to Chapter 2 (commencing with Section 1940) of Title 5 or Part 4 of Division 3 of the Civil Code.
(B) The person or entity accepts rental assistance payments from federal funds, state funds appropriated by the Legislature, or both, that are provided for that purpose in response to a state of emergency proclaimed by the President of the United States or the Governor in response to COVID-19.
(2) “Landlord” does not include a person or entity who that owns or operates fewer than five rental dwelling units.
(b) (1) The department shall enter into a contract with a contractor to create and administer a rental registry online portal pursuant to the requirements of this section. The rental registry online portal shall be designed to receive do both of the following:
(A) Receive information from landlords, as described in subdivision (c), and then disseminate the information to the public.
(B) Receive information from parties other than landlords, including, but not limited to, tenants, local governments, courts, nonprofit organizations, and residents of this state.
(2) The department shall create a rental registry form, or approve a form created by the contractor, which shall be available on the rental registry online portal.
(3) (A) The rental registry online portal, and all forms necessary for its effective and efficient use, shall be complete and operational by January 1, 2022.
(B) A landlord shall complete and submit, under penalty of perjury, a rental registry form for each property on or before April 1, 2022. Each landlord subject to this section shall thereafter complete and submit a rental registry form for each property annually on or before March 31 of each year.
(C) The rental registry online portal shall allow parties other than landlords, as described in subparagraph (B) of paragraph (1), to submit information, which shall be subject to verification by the department before becoming publicly available.
(c) The rental registry form shall be drafted to collect all of the following information from a landlord as of January 31 of that year:
(1) The legal address of each property, and all associated rental unit numbers.
(2) The legal name of the owner or ownership entity for each property, including, but not limited to, limited partners, general partners, limited liability company members, and shareholders with 10 percent or more ownership of the entity.
(3) The ownership type of each property and the year the owner acquired the property.
(4) The number of bedrooms, bathrooms, and occupancy status of each rental unit.
(5) The month and year that the most current occupancy began for each rental unit.
(6) The total number of months that each rental unit was rented during the previous calendar year and the number of days the unit was vacant.
(7) The amount of payments collected for rent and utilities during the month of January of the current year for each rental unit. This amount shall include the amount paid for utilities that is included in the rent.
(8) The month and year of the effective date of the last rent increase and decrease for each rental unit and the amount of the increase or decrease.
(9) The number of tenants for which the landlord terminated a tenancy in the previous calendar year, and the reason for each termination.
(10) Whether the unit is deed restricted as affordable housing and, if so, the income level at which the unit is restricted.
(11) Whether the unit is subject to a local rent control ordinance.
(d) A landlord who that completes a rental registry form as required by this section shall receive an Annual Statement of Registration certificate within a reasonable time after completing registration. A landlord shall not receive a certificate without substantial compliance with this section.
(e) The rental registry online portal created pursuant to this section shall comply with all relevant state and federal laws regarding privacy and personally identifying information.

SEC. 3.SEC. 4.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.