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AB-1188 State rental assistance program: data.(2021-2022)

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Date Published: 05/04/2021 09:00 PM
AB1188:v96#DOCUMENT

Amended  IN  Assembly  May 04, 2021
Amended  IN  Assembly  April 19, 2021
Amended  IN  Assembly  April 05, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1188


Introduced by Assembly Members Wicks and Kalra
(Coauthor: Senator Wiener)

February 18, 2021


An act to add Section 50897.7 to the Health and Safety Code, relating to residential tenancies.


LEGISLATIVE COUNSEL'S DIGEST


AB 1188, as amended, Wicks. State rental assistance program: data.
Existing law establishes the Department of Housing and Community Development (HCD) and requires it to administer various housing programs. Existing law establishes a program for providing rental assistance, using funding made available pursuant to existing federal law to provide financial assistance and housing stability services to eligible households, as provided, administered by HCD.
This bill, in order to ensure that data is available for research and analysis to inform future state policy and programs, would require HCD to retain data from designated sources for at least 10 years, including data on the state rental assistance program, information submitted by eligible grantees that received the federal funding, and data on rental registries operated by local governments, as specified. The bill would prohibit personal information collected that pertains to the application for or receipt of rental assistance by any individual or household from being subject to public disclosure, as provided.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 50897.7 is added to the Health and Safety Code, immediately following Section 50897.6, to read:

50897.7.
 (a) Notwithstanding any law, in order to ensure that data is available for research and analysis to inform future policy and programs in this state, the department shall retain all data from the following sources for a period of at least 10 years:

(a)

(1) The state rental assistance program created pursuant to this chapter.

(b)

(2) Information submitted by eligible grantees that received funding under Section 501 of Subtitle A of Title V of Division N of the federal Consolidated Appropriations Act, 2021 (Public Law 116-260) to the state rental assistance program, as provided in Sections 50897.2 and 50897.3.

(c)

(3) A rental registry operated by a city, county, or city and county that identifies the location of any of the following within the jurisdiction’s limits:

(1)

(A) Rental properties.

(2)

(B) Residential tenancies.

(3)

(C) Mobilehome tenancies.
(b) Personal information collected for the purposes of the state rental assistance program that pertains to the application for or receipt of rental assistance by any individual or household shall not be subject to public disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).
(c) For the purposes of this section, “personal information” has the same meaning as in subdivision (a) of Section 1798.3 of the Civil Code.

SEC. 2.

 The Legislature finds and declares that Section 1 of this act, which adds Section 50897.7 of the Health and Safety Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
This act strikes a balance between preserving access to information relied upon for research and analysis and protecting the privacy of individuals or households receiving or applying for rental assistance.