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| 1 | + | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1076Introduced by Assembly Member MedinaFebruary 16, 2017 An act to amend Section 1950.6 of the Civil Code, relating to civil law. LEGISLATIVE COUNSEL'S DIGESTAB 1076, as introduced, Medina. Hiring of real property. Existing law provides for the payment of a nonrefundable applicant screening fee as a condition of renting a residential property, as specified, and requires a landlord to provide an applicant, as defined, with a copy of a consumer credit report obtained with respect to the applicant, upon the payment of an application screening fee and applicants request.This bill would make a nonsubstantive change to that provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1950.6 of the Civil Code is amended to read:1950.6. (a) Notwithstanding Section 1950.5, when a landlord or his or her agent receives a request to rent a residential property from an applicant, the landlord or his or her agent may charge that applicant an application screening fee to cover the costs of obtaining information about the applicant. The information requested and obtained by the landlord or his or her agent may include, but is not limited to, personal reference checks and consumer credit reports produced by consumer credit reporting agencies as defined in Section 1785.3. A landlord or his or her agent may, but is not required to, accept and rely upon a consumer credit report presented by an applicant.(b) The amount of the application screening fee shall not be greater than the actual out-of-pocket costs of gathering information concerning the applicant, including, but not limited to, the cost of using a tenant screening service or a consumer credit reporting service, and the reasonable value of time spent by the landlord or his or her agent in obtaining information on the applicant. In no case shall the amount of the application screening fee charged by the landlord or his or her agent be greater than thirty dollars ($30) per applicant. The thirty dollar ($30) application screening fee may be adjusted annually by the landlord or his or her agent commensurate with an increase in the Consumer Price Index, beginning on January 1, 1998.(c) Unless the applicant agrees in writing, a landlord or his or her agent may not charge an applicant an application screening fee when he or she knows or should have known that no rental unit is available at that time or will be available within a reasonable period of time.(d) The landlord or his or her agent shall provide, personally, or by mail, the applicant with a receipt for the fee paid by the applicant, which receipt applicant that shall itemize the out-of-pocket expenses and time spent by the landlord or his or her agent to obtain and process the information about the applicant.(e) If the landlord or his or her agent does not perform a personal reference check or does not obtain a consumer credit report, the landlord or his or her agent shall return any amount of the screening fee that is not used for the purposes authorized by this section to the applicant.(f) If an application screening fee has been paid by the applicant and if requested by the applicant, the landlord or his or her agent shall provide a copy of the consumer credit report to the applicant who is the subject of that report.(g) As used in this section, landlord means an owner of residential rental property.(h) As used in this section, application screening fee means any nonrefundable payment of money charged by a landlord or his or her agent to an applicant, the purpose of which is to purchase a consumer credit report and to validate, review, or otherwise process an application for the rent or lease of residential rental property.(i) As used in this section, applicant means any entity or individual who makes a request to a landlord or his or her agent to rent a residential housing unit, or an entity or individual who agrees to act as a guarantor or cosignor on a rental agreement.(j) The application screening fee shall not be considered an advance fee as that term is used in Section 10026 of the Business and Professions Code, and shall not be considered security as that term is used in Section 1950.5.(k) This section is not intended to preempt any provisions or regulations that govern the collection of deposits and fees under federal or state housing assistance programs. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1076Introduced by Assembly Member MedinaFebruary 16, 2017 An act to amend Section 1950.6 of the Civil Code, relating to civil law. LEGISLATIVE COUNSEL'S DIGESTAB 1076, as introduced, Medina. Hiring of real property. Existing law provides for the payment of a nonrefundable applicant screening fee as a condition of renting a residential property, as specified, and requires a landlord to provide an applicant, as defined, with a copy of a consumer credit report obtained with respect to the applicant, upon the payment of an application screening fee and applicants request.This bill would make a nonsubstantive change to that provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO | |
| 4 | 4 | ||
| 5 | - | Amended IN Assembly March 28, 2017 | |
| 6 | 5 | ||
| 7 | - | Amended IN Assembly March 28, 2017 | |
| 6 | + | ||
| 7 | + | ||
| 8 | 8 | ||
| 9 | 9 | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION | |
| 10 | 10 | ||
| 11 | 11 | Assembly Bill No. 1076 | |
| 12 | 12 | ||
| 13 | 13 | Introduced by Assembly Member MedinaFebruary 16, 2017 | |
| 14 | 14 | ||
| 15 | 15 | Introduced by Assembly Member Medina | |
| 16 | 16 | February 16, 2017 | |
| 17 | 17 | ||
| 18 | - | An act to amend Section 1950.6 of the Civil Code, relating to civil law. | |
| 18 | + | An act to amend Section 1950.6 of the Civil Code, relating to civil law. | |
| 19 | 19 | ||
| 20 | 20 | LEGISLATIVE COUNSEL'S DIGEST | |
| 21 | 21 | ||
| 22 | 22 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 23 | ||
| 24 | - | AB 1076, as | |
| 24 | + | AB 1076, as introduced, Medina. Hiring of real property. | |
| 25 | 25 | ||
| 26 | - | Existing law requests campuses of the California Community Colleges, requires campuses of the California State University, and requires campuses of the University of California, subject to its agreement by resolution, to do both of the following: (1) give priority for housing to current and former foster youth and current and former homeless youth, and (2) as to campuses that maintain student housing facilities open for occupation during school breaks, or on a year-round basis, give first priority to current and former foster youth and current and former homeless youth for residence in housing facilities that are open for uninterrupted year-round occupation at no extra cost during academic or campus breaks, and next give priority to current and former foster youth and current and former homeless youth for housing that is open for occupation during the most days in the calendar year.This bill would require the Legislative Analysts Office, in consultation with the California Community Colleges, the California State University, and the University of California, to conduct a study that includes specified information on the implementation of this law and report the study to the Legislature on or before January 1, 2020.Existing law provides for the payment of a nonrefundable applicant screening fee as a condition of renting a residential property, as specified, and requires a landlord to provide an applicant, as defined, with a copy of a consumer credit report obtained with respect to the applicant, upon the payment of an application screening fee and applicants request.This bill would make a nonsubstantive change to that provision. | |
| 27 | - | ||
| 28 | - | Existing law requests campuses of the California Community Colleges, requires campuses of the California State University, and requires campuses of the University of California, subject to its agreement by resolution, to do both of the following: (1) give priority for housing to current and former foster youth and current and former homeless youth, and (2) as to campuses that maintain student housing facilities open for occupation during school breaks, or on a year-round basis, give first priority to current and former foster youth and current and former homeless youth for residence in housing facilities that are open for uninterrupted year-round occupation at no extra cost during academic or campus breaks, and next give priority to current and former foster youth and current and former homeless youth for housing that is open for occupation during the most days in the calendar year. | |
| 29 | - | ||
| 30 | - | This bill would require the Legislative Analysts Office, in consultation with the California Community Colleges, the California State University, and the University of California, to conduct a study that includes specified information on the implementation of this law and report the study to the Legislature on or before January 1, 2020. | |
| 26 | + | Existing law provides for the payment of a nonrefundable applicant screening fee as a condition of renting a residential property, as specified, and requires a landlord to provide an applicant, as defined, with a copy of a consumer credit report obtained with respect to the applicant, upon the payment of an application screening fee and applicants request.This bill would make a nonsubstantive change to that provision. | |
| 31 | 27 | ||
| 32 | 28 | Existing law provides for the payment of a nonrefundable applicant screening fee as a condition of renting a residential property, as specified, and requires a landlord to provide an applicant, as defined, with a copy of a consumer credit report obtained with respect to the applicant, upon the payment of an application screening fee and applicants request. | |
| 33 | 29 | ||
| 34 | - | ||
| 35 | - | ||
| 36 | 30 | This bill would make a nonsubstantive change to that provision. | |
| 37 | - | ||
| 38 | - | ||
| 39 | 31 | ||
| 40 | 32 | ## Digest Key | |
| 41 | 33 | ||
| 42 | 34 | ## Bill Text | |
| 43 | 35 | ||
| 44 | - | The people of the State of California do enact as follows:SECTION 1. Section | |
| 36 | + | The people of the State of California do enact as follows:SECTION 1. Section 1950.6 of the Civil Code is amended to read:1950.6. (a) Notwithstanding Section 1950.5, when a landlord or his or her agent receives a request to rent a residential property from an applicant, the landlord or his or her agent may charge that applicant an application screening fee to cover the costs of obtaining information about the applicant. The information requested and obtained by the landlord or his or her agent may include, but is not limited to, personal reference checks and consumer credit reports produced by consumer credit reporting agencies as defined in Section 1785.3. A landlord or his or her agent may, but is not required to, accept and rely upon a consumer credit report presented by an applicant.(b) The amount of the application screening fee shall not be greater than the actual out-of-pocket costs of gathering information concerning the applicant, including, but not limited to, the cost of using a tenant screening service or a consumer credit reporting service, and the reasonable value of time spent by the landlord or his or her agent in obtaining information on the applicant. In no case shall the amount of the application screening fee charged by the landlord or his or her agent be greater than thirty dollars ($30) per applicant. The thirty dollar ($30) application screening fee may be adjusted annually by the landlord or his or her agent commensurate with an increase in the Consumer Price Index, beginning on January 1, 1998.(c) Unless the applicant agrees in writing, a landlord or his or her agent may not charge an applicant an application screening fee when he or she knows or should have known that no rental unit is available at that time or will be available within a reasonable period of time.(d) The landlord or his or her agent shall provide, personally, or by mail, the applicant with a receipt for the fee paid by the applicant, which receipt applicant that shall itemize the out-of-pocket expenses and time spent by the landlord or his or her agent to obtain and process the information about the applicant.(e) If the landlord or his or her agent does not perform a personal reference check or does not obtain a consumer credit report, the landlord or his or her agent shall return any amount of the screening fee that is not used for the purposes authorized by this section to the applicant.(f) If an application screening fee has been paid by the applicant and if requested by the applicant, the landlord or his or her agent shall provide a copy of the consumer credit report to the applicant who is the subject of that report.(g) As used in this section, landlord means an owner of residential rental property.(h) As used in this section, application screening fee means any nonrefundable payment of money charged by a landlord or his or her agent to an applicant, the purpose of which is to purchase a consumer credit report and to validate, review, or otherwise process an application for the rent or lease of residential rental property.(i) As used in this section, applicant means any entity or individual who makes a request to a landlord or his or her agent to rent a residential housing unit, or an entity or individual who agrees to act as a guarantor or cosignor on a rental agreement.(j) The application screening fee shall not be considered an advance fee as that term is used in Section 10026 of the Business and Professions Code, and shall not be considered security as that term is used in Section 1950.5.(k) This section is not intended to preempt any provisions or regulations that govern the collection of deposits and fees under federal or state housing assistance programs. | |
| 45 | 37 | ||
| 46 | 38 | The people of the State of California do enact as follows: | |
| 47 | 39 | ||
| 48 | 40 | ## The people of the State of California do enact as follows: | |
| 49 | 41 | ||
| 50 | - | SECTION 1. Section | |
| 42 | + | SECTION 1. Section 1950.6 of the Civil Code is amended to read:1950.6. (a) Notwithstanding Section 1950.5, when a landlord or his or her agent receives a request to rent a residential property from an applicant, the landlord or his or her agent may charge that applicant an application screening fee to cover the costs of obtaining information about the applicant. The information requested and obtained by the landlord or his or her agent may include, but is not limited to, personal reference checks and consumer credit reports produced by consumer credit reporting agencies as defined in Section 1785.3. A landlord or his or her agent may, but is not required to, accept and rely upon a consumer credit report presented by an applicant.(b) The amount of the application screening fee shall not be greater than the actual out-of-pocket costs of gathering information concerning the applicant, including, but not limited to, the cost of using a tenant screening service or a consumer credit reporting service, and the reasonable value of time spent by the landlord or his or her agent in obtaining information on the applicant. In no case shall the amount of the application screening fee charged by the landlord or his or her agent be greater than thirty dollars ($30) per applicant. The thirty dollar ($30) application screening fee may be adjusted annually by the landlord or his or her agent commensurate with an increase in the Consumer Price Index, beginning on January 1, 1998.(c) Unless the applicant agrees in writing, a landlord or his or her agent may not charge an applicant an application screening fee when he or she knows or should have known that no rental unit is available at that time or will be available within a reasonable period of time.(d) The landlord or his or her agent shall provide, personally, or by mail, the applicant with a receipt for the fee paid by the applicant, which receipt applicant that shall itemize the out-of-pocket expenses and time spent by the landlord or his or her agent to obtain and process the information about the applicant.(e) If the landlord or his or her agent does not perform a personal reference check or does not obtain a consumer credit report, the landlord or his or her agent shall return any amount of the screening fee that is not used for the purposes authorized by this section to the applicant.(f) If an application screening fee has been paid by the applicant and if requested by the applicant, the landlord or his or her agent shall provide a copy of the consumer credit report to the applicant who is the subject of that report.(g) As used in this section, landlord means an owner of residential rental property.(h) As used in this section, application screening fee means any nonrefundable payment of money charged by a landlord or his or her agent to an applicant, the purpose of which is to purchase a consumer credit report and to validate, review, or otherwise process an application for the rent or lease of residential rental property.(i) As used in this section, applicant means any entity or individual who makes a request to a landlord or his or her agent to rent a residential housing unit, or an entity or individual who agrees to act as a guarantor or cosignor on a rental agreement.(j) The application screening fee shall not be considered an advance fee as that term is used in Section 10026 of the Business and Professions Code, and shall not be considered security as that term is used in Section 1950.5.(k) This section is not intended to preempt any provisions or regulations that govern the collection of deposits and fees under federal or state housing assistance programs. | |
| 51 | 43 | ||
| 52 | - | SECTION 1. Section | |
| 44 | + | SECTION 1. Section 1950.6 of the Civil Code is amended to read: | |
| 53 | 45 | ||
| 54 | 46 | ### SECTION 1. | |
| 55 | 47 | ||
| 56 | - | ||
| 48 | + | 1950.6. (a) Notwithstanding Section 1950.5, when a landlord or his or her agent receives a request to rent a residential property from an applicant, the landlord or his or her agent may charge that applicant an application screening fee to cover the costs of obtaining information about the applicant. The information requested and obtained by the landlord or his or her agent may include, but is not limited to, personal reference checks and consumer credit reports produced by consumer credit reporting agencies as defined in Section 1785.3. A landlord or his or her agent may, but is not required to, accept and rely upon a consumer credit report presented by an applicant.(b) The amount of the application screening fee shall not be greater than the actual out-of-pocket costs of gathering information concerning the applicant, including, but not limited to, the cost of using a tenant screening service or a consumer credit reporting service, and the reasonable value of time spent by the landlord or his or her agent in obtaining information on the applicant. In no case shall the amount of the application screening fee charged by the landlord or his or her agent be greater than thirty dollars ($30) per applicant. The thirty dollar ($30) application screening fee may be adjusted annually by the landlord or his or her agent commensurate with an increase in the Consumer Price Index, beginning on January 1, 1998.(c) Unless the applicant agrees in writing, a landlord or his or her agent may not charge an applicant an application screening fee when he or she knows or should have known that no rental unit is available at that time or will be available within a reasonable period of time.(d) The landlord or his or her agent shall provide, personally, or by mail, the applicant with a receipt for the fee paid by the applicant, which receipt applicant that shall itemize the out-of-pocket expenses and time spent by the landlord or his or her agent to obtain and process the information about the applicant.(e) If the landlord or his or her agent does not perform a personal reference check or does not obtain a consumer credit report, the landlord or his or her agent shall return any amount of the screening fee that is not used for the purposes authorized by this section to the applicant.(f) If an application screening fee has been paid by the applicant and if requested by the applicant, the landlord or his or her agent shall provide a copy of the consumer credit report to the applicant who is the subject of that report.(g) As used in this section, landlord means an owner of residential rental property.(h) As used in this section, application screening fee means any nonrefundable payment of money charged by a landlord or his or her agent to an applicant, the purpose of which is to purchase a consumer credit report and to validate, review, or otherwise process an application for the rent or lease of residential rental property.(i) As used in this section, applicant means any entity or individual who makes a request to a landlord or his or her agent to rent a residential housing unit, or an entity or individual who agrees to act as a guarantor or cosignor on a rental agreement.(j) The application screening fee shall not be considered an advance fee as that term is used in Section 10026 of the Business and Professions Code, and shall not be considered security as that term is used in Section 1950.5.(k) This section is not intended to preempt any provisions or regulations that govern the collection of deposits and fees under federal or state housing assistance programs. | |
| 57 | 49 | ||
| 58 | - | ||
| 50 | + | 1950.6. (a) Notwithstanding Section 1950.5, when a landlord or his or her agent receives a request to rent a residential property from an applicant, the landlord or his or her agent may charge that applicant an application screening fee to cover the costs of obtaining information about the applicant. The information requested and obtained by the landlord or his or her agent may include, but is not limited to, personal reference checks and consumer credit reports produced by consumer credit reporting agencies as defined in Section 1785.3. A landlord or his or her agent may, but is not required to, accept and rely upon a consumer credit report presented by an applicant.(b) The amount of the application screening fee shall not be greater than the actual out-of-pocket costs of gathering information concerning the applicant, including, but not limited to, the cost of using a tenant screening service or a consumer credit reporting service, and the reasonable value of time spent by the landlord or his or her agent in obtaining information on the applicant. In no case shall the amount of the application screening fee charged by the landlord or his or her agent be greater than thirty dollars ($30) per applicant. The thirty dollar ($30) application screening fee may be adjusted annually by the landlord or his or her agent commensurate with an increase in the Consumer Price Index, beginning on January 1, 1998.(c) Unless the applicant agrees in writing, a landlord or his or her agent may not charge an applicant an application screening fee when he or she knows or should have known that no rental unit is available at that time or will be available within a reasonable period of time.(d) The landlord or his or her agent shall provide, personally, or by mail, the applicant with a receipt for the fee paid by the applicant, which receipt applicant that shall itemize the out-of-pocket expenses and time spent by the landlord or his or her agent to obtain and process the information about the applicant.(e) If the landlord or his or her agent does not perform a personal reference check or does not obtain a consumer credit report, the landlord or his or her agent shall return any amount of the screening fee that is not used for the purposes authorized by this section to the applicant.(f) If an application screening fee has been paid by the applicant and if requested by the applicant, the landlord or his or her agent shall provide a copy of the consumer credit report to the applicant who is the subject of that report.(g) As used in this section, landlord means an owner of residential rental property.(h) As used in this section, application screening fee means any nonrefundable payment of money charged by a landlord or his or her agent to an applicant, the purpose of which is to purchase a consumer credit report and to validate, review, or otherwise process an application for the rent or lease of residential rental property.(i) As used in this section, applicant means any entity or individual who makes a request to a landlord or his or her agent to rent a residential housing unit, or an entity or individual who agrees to act as a guarantor or cosignor on a rental agreement.(j) The application screening fee shall not be considered an advance fee as that term is used in Section 10026 of the Business and Professions Code, and shall not be considered security as that term is used in Section 1950.5.(k) This section is not intended to preempt any provisions or regulations that govern the collection of deposits and fees under federal or state housing assistance programs. | |
| 59 | 51 | ||
| 60 | - | ||
| 52 | + | 1950.6. (a) Notwithstanding Section 1950.5, when a landlord or his or her agent receives a request to rent a residential property from an applicant, the landlord or his or her agent may charge that applicant an application screening fee to cover the costs of obtaining information about the applicant. The information requested and obtained by the landlord or his or her agent may include, but is not limited to, personal reference checks and consumer credit reports produced by consumer credit reporting agencies as defined in Section 1785.3. A landlord or his or her agent may, but is not required to, accept and rely upon a consumer credit report presented by an applicant.(b) The amount of the application screening fee shall not be greater than the actual out-of-pocket costs of gathering information concerning the applicant, including, but not limited to, the cost of using a tenant screening service or a consumer credit reporting service, and the reasonable value of time spent by the landlord or his or her agent in obtaining information on the applicant. In no case shall the amount of the application screening fee charged by the landlord or his or her agent be greater than thirty dollars ($30) per applicant. The thirty dollar ($30) application screening fee may be adjusted annually by the landlord or his or her agent commensurate with an increase in the Consumer Price Index, beginning on January 1, 1998.(c) Unless the applicant agrees in writing, a landlord or his or her agent may not charge an applicant an application screening fee when he or she knows or should have known that no rental unit is available at that time or will be available within a reasonable period of time.(d) The landlord or his or her agent shall provide, personally, or by mail, the applicant with a receipt for the fee paid by the applicant, which receipt applicant that shall itemize the out-of-pocket expenses and time spent by the landlord or his or her agent to obtain and process the information about the applicant.(e) If the landlord or his or her agent does not perform a personal reference check or does not obtain a consumer credit report, the landlord or his or her agent shall return any amount of the screening fee that is not used for the purposes authorized by this section to the applicant.(f) If an application screening fee has been paid by the applicant and if requested by the applicant, the landlord or his or her agent shall provide a copy of the consumer credit report to the applicant who is the subject of that report.(g) As used in this section, landlord means an owner of residential rental property.(h) As used in this section, application screening fee means any nonrefundable payment of money charged by a landlord or his or her agent to an applicant, the purpose of which is to purchase a consumer credit report and to validate, review, or otherwise process an application for the rent or lease of residential rental property.(i) As used in this section, applicant means any entity or individual who makes a request to a landlord or his or her agent to rent a residential housing unit, or an entity or individual who agrees to act as a guarantor or cosignor on a rental agreement.(j) The application screening fee shall not be considered an advance fee as that term is used in Section 10026 of the Business and Professions Code, and shall not be considered security as that term is used in Section 1950.5.(k) This section is not intended to preempt any provisions or regulations that govern the collection of deposits and fees under federal or state housing assistance programs. | |
| 61 | 53 | ||
| 62 | 54 | ||
| 63 | 55 | ||
| 64 | - | 66027.9. (a) The Legislative Analysts Office, in consultation with the California Community Colleges, the California State University, and the University of California, shall conduct a study on the implementation of Sections 76010, 90001.5, and 92660. The study shall do, but not necessarily be limited to, all of the following: | |
| 65 | - | ||
| 66 | - | (1) Identify the campuses that provide, pursuant to Section 76010, 90001.5, or 92660, as applicable, campus housing priority, or campus housing at no extra cost during academic or campus breaks, or both, to current and former foster youth, or current and former homeless youth, or both. | |
| 67 | - | ||
| 68 | - | (2) Determine how many current and former foster youth and current and former homeless youth received housing pursuant to Section 76010, 90001.5, or 92660, as applicable, disaggregated by campus. | |
| 69 | - | ||
| 70 | - | (3) Estimate how much money on average current and former foster youth and current and former homeless youth saved by receiving campus housing at no extra cost as described in paragraph (1), disaggregated by campus. | |
| 71 | - | ||
| 72 | - | (4) Determine how much money it cost campuses to provide campus housing to current and former foster youth, or current and former homeless youth, or both, as applicable, at no extra cost as described in paragraph (1), disaggregated by campus. | |
| 73 | - | ||
| 74 | - | (5) Identify best practices used by campuses to implement Section 76010, 90001.5, or 92660, as applicable. | |
| 75 | - | ||
| 76 | - | (b) On or before January 1, 2020, the Legislative Analysts Office shall report to the Legislature, pursuant to Section 9795 of the Government Code, the study described in subdivision (a). | |
| 77 | - | ||
| 78 | - | (c) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2024. | |
| 79 | - | ||
| 80 | - | ||
| 81 | - | ||
| 82 | - | ||
| 83 | - | ||
| 84 | - | (a)Notwithstanding Section 1950.5, when a landlord or his or her agent receives a request to rent a residential property from an applicant, the landlord or his or her agent may charge that applicant an application screening fee to cover the costs of obtaining information about the applicant. The information requested and obtained by the landlord or his or her agent may include, but is not limited to, personal reference checks and consumer credit reports produced by consumer credit reporting agencies as defined in Section 1785.3. A landlord or his or her agent may, but is not required to, accept and rely upon a consumer credit report presented by an applicant. | |
| 85 | - | ||
| 86 | - | ||
| 56 | + | 1950.6. (a) Notwithstanding Section 1950.5, when a landlord or his or her agent receives a request to rent a residential property from an applicant, the landlord or his or her agent may charge that applicant an application screening fee to cover the costs of obtaining information about the applicant. The information requested and obtained by the landlord or his or her agent may include, but is not limited to, personal reference checks and consumer credit reports produced by consumer credit reporting agencies as defined in Section 1785.3. A landlord or his or her agent may, but is not required to, accept and rely upon a consumer credit report presented by an applicant. | |
| 87 | 57 | ||
| 88 | 58 | (b) The amount of the application screening fee shall not be greater than the actual out-of-pocket costs of gathering information concerning the applicant, including, but not limited to, the cost of using a tenant screening service or a consumer credit reporting service, and the reasonable value of time spent by the landlord or his or her agent in obtaining information on the applicant. In no case shall the amount of the application screening fee charged by the landlord or his or her agent be greater than thirty dollars ($30) per applicant. The thirty dollar ($30) application screening fee may be adjusted annually by the landlord or his or her agent commensurate with an increase in the Consumer Price Index, beginning on January 1, 1998. | |
| 89 | 59 | ||
| 90 | - | ||
| 91 | - | ||
| 92 | 60 | (c) Unless the applicant agrees in writing, a landlord or his or her agent may not charge an applicant an application screening fee when he or she knows or should have known that no rental unit is available at that time or will be available within a reasonable period of time. | |
| 93 | 61 | ||
| 94 | - | ||
| 95 | - | ||
| 96 | - | (d)The landlord or his or her agent shall provide, personally, or by mail, the applicant with a receipt for the fee paid by the applicant that shall itemize the out-of-pocket expenses and time spent by the landlord or his or her agent to obtain and process the information about the applicant. | |
| 97 | - | ||
| 98 | - | ||
| 62 | + | (d) The landlord or his or her agent shall provide, personally, or by mail, the applicant with a receipt for the fee paid by the applicant, which receipt applicant that shall itemize the out-of-pocket expenses and time spent by the landlord or his or her agent to obtain and process the information about the applicant. | |
| 99 | 63 | ||
| 100 | 64 | (e) If the landlord or his or her agent does not perform a personal reference check or does not obtain a consumer credit report, the landlord or his or her agent shall return any amount of the screening fee that is not used for the purposes authorized by this section to the applicant. | |
| 101 | 65 | ||
| 102 | - | ||
| 103 | - | ||
| 104 | 66 | (f) If an application screening fee has been paid by the applicant and if requested by the applicant, the landlord or his or her agent shall provide a copy of the consumer credit report to the applicant who is the subject of that report. | |
| 105 | - | ||
| 106 | - | ||
| 107 | 67 | ||
| 108 | 68 | (g) As used in this section, landlord means an owner of residential rental property. | |
| 109 | 69 | ||
| 110 | - | ||
| 111 | - | ||
| 112 | 70 | (h) As used in this section, application screening fee means any nonrefundable payment of money charged by a landlord or his or her agent to an applicant, the purpose of which is to purchase a consumer credit report and to validate, review, or otherwise process an application for the rent or lease of residential rental property. | |
| 113 | - | ||
| 114 | - | ||
| 115 | 71 | ||
| 116 | 72 | (i) As used in this section, applicant means any entity or individual who makes a request to a landlord or his or her agent to rent a residential housing unit, or an entity or individual who agrees to act as a guarantor or cosignor on a rental agreement. | |
| 117 | 73 | ||
| 118 | - | ||
| 119 | - | ||
| 120 | 74 | (j) The application screening fee shall not be considered an advance fee as that term is used in Section 10026 of the Business and Professions Code, and shall not be considered security as that term is used in Section 1950.5. | |
| 121 | - | ||
| 122 | - | ||
| 123 | 75 | ||
| 124 | 76 | (k) This section is not intended to preempt any provisions or regulations that govern the collection of deposits and fees under federal or state housing assistance programs. |