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SB-3 Tenancy: COVID-19(2021-2022)

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Date Published: 12/07/2020 09:00 PM
SB3:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 3


Introduced by Senators Caballero and Bradford

December 07, 2020


An act to amend Section 1179.02 of the Code of Civil Procedure, relating to COVID-19 relief.


LEGISLATIVE COUNSEL'S DIGEST


SB 3, as introduced, Caballero. Tenancy: COVID-19
Existing law, the COVID-19 Tenant Relief Act of 2020, establishes certain procedural requirements and limitations on evictions for nonpayment of rent due to COVID-19 rental debt, as defined. Existing law defines COVID-19 rental debt as unpaid rent or any other unpaid financial obligation of a tenant that came due during the covered time period, defined as the period between March 1, 2020, and January 31, 2021. The act also requires a notice that demands payment of rent that came due during the transition time period, defined as the period between September 30, 2020, and January 31, 2021, to comply with additional specified requirements.
This bill would extend the covered time period and transition time period for purposes of the act to March 31, 2021.
Under the act, a tenant may not be deemed in default with regard to COVID-19 rental debt for purposes of an unlawful detainer action if the tenant delivers a declaration of COVID-19-related financial distress, signed under penalty of perjury, to the landlord.
Because the bill would extend the covered time period and thereby expand the time period a tenant may deliver a declaration of COVID-19-related financial distress, the bill would impose a state-mandated local program by expanding the crime of perjury.
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.

 Section 1179.02 of the Code of Civil Procedure is amended to read:

1179.02.
 For purposes of this chapter:
(a) “Covered time period” means the time period between March 1, 2020, and January 31, 2021. March 31, 2021.
(b) “COVID-19-related financial distress” means any of the following:
(1) Loss of income caused by the COVID-19 pandemic.
(2) Increased out-of-pocket expenses directly related to performing essential work during the COVID-19 pandemic.
(3) Increased expenses directly related to the health impact of the COVID-19 pandemic.
(4) Childcare responsibilities or responsibilities to care for an elderly, disabled, or sick family member directly related to the COVID-19 pandemic that limit a tenant’s ability to earn income.
(5) Increased costs for childcare or attending to an elderly, disabled, or sick family member directly related to the COVID-19 pandemic.
(6) Other circumstances related to the COVID-19 pandemic that have reduced a tenant’s income or increased a tenant’s expenses.
(c) “COVID-19 rental debt” means unpaid rent or any other unpaid financial obligation of a tenant under the tenancy that came due during the covered time period.
(d) “Declaration of COVID-19-related financial distress” means the following written statement:
I am currently unable to pay my rent or other financial obligations under the lease in full because of one or more of the following:
1. Loss of income caused by the COVID-19 pandemic.
2. Increased out-of-pocket expenses directly related to performing essential work during the COVID-19 pandemic.
3. Increased expenses directly related to health impacts of the COVID-19 pandemic.
4. Childcare responsibilities or responsibilities to care for an elderly, disabled, or sick family member directly related to the COVID-19 pandemic that limit my ability to earn income.
5. Increased costs for childcare or attending to an elderly, disabled, or sick family member directly related to the COVID-19 pandemic.
6. Other circumstances related to the COVID-19 pandemic that have reduced my income or increased my expenses.
Any public assistance, including unemployment insurance, pandemic unemployment assistance, state disability insurance (SDI), or paid family leave, that I have received since the start of the COVID-19 pandemic does not fully make up for my loss of income and/or increased expenses.
Signed under penalty of perjury:
Dated:
(e) “Landlord” includes all of the following or the agent of any of the following:
(1) An owner of residential real property.
(2) An owner of a residential rental unit.
(3) An owner of a mobilehome park.
(4) An owner of a mobilehome park space or lot.
(f) “Protected time period” means the time period between March 1, 2020, and August 31, 2020.
(g) “Rental payment” means rent or any other financial obligation of a tenant under the tenancy.
(h) “Tenant” means any natural person who hires real property except any of the following:
(1) Tenants of commercial property, as defined in subdivision (c) of Section 1162 of the Civil Code.
(2) Those persons whose occupancy is described in subdivision (b) of Section 1940 of the Civil Code.
(i) “Transition time period” means the time period between September 1, 2020, and January 31, 2021. March 31, 2021.

SEC. 2.

 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.