California 2017 2017-2018 Regular Session

California Assembly Bill AB299 Introduced / Bill

Filed 02/06/2017

                    CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 299Introduced by Assembly Member CalderonFebruary 06, 2017 An act to amend Section 1940.3 of the Civil Code, relating to hiring of real property. LEGISLATIVE COUNSEL'S DIGESTAB 299, as introduced, Calderon. Hiring of real property: immigration or citizenship status.Existing law prohibits any city, county, or city and county from compelling a landlord or any agent of the landlord to take any action, as specified, based on the immigration or citizenship status of a tenant, prospective tenant, occupant, or prospective occupant of residential rental property.This bill would expand this prohibition to include a public entity, which the bill would define to include the state, as defined, a city, county, city and county, district, public authority, public agency, and any other political subdivision or public corporation in the state.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 1940.3 of the Civil Code is amended to read:1940.3. (a) No city, county, or city and county shall, by statute, A public entity shall not, by statute, ordinance, or regulation, policy, or by administrative action implementing any statute, ordinance, or regulation, policy, or administrative action, compel a landlord or any agent of the landlord to make any inquiry, compile, disclose, report, or provide any information, prohibit offering or continuing to offer, accommodations in the property for rent or lease, or otherwise take any action regarding or based on the immigration or citizenship status of a tenant, prospective tenant, occupant, or prospective occupant of residential rental property.(b) No A landlord or any agent of the landlord shall not do any of the following:(1) Make any inquiry regarding or based on the immigration or citizenship status of a tenant, prospective tenant, occupant, or prospective occupant of residential rental property.(2) Require that any tenant, prospective tenant, occupant, or prospective occupant of the rental property disclose or make any statement, representation, or certification concerning his or her immigration or citizenship status.(c) Nothing in this This section shall not prohibit a landlord from either:(1) Complying with any legal obligation under federal law.(2) Requesting information or documentation necessary to determine or verify the financial qualifications of a prospective tenant, or to determine or verify the identity of a prospective tenant or prospective occupant.(d) For purposes of this section, both of the following shall apply:(1) Public entity includes the state, a city, county, city and county, district, public authority, public agency, and any other political subdivision or public corporation in the state.(2) State includes any state office, department, division, bureau, board, or commission and the Trustees of the California State University and the California State University.

 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 299Introduced by Assembly Member CalderonFebruary 06, 2017 An act to amend Section 1940.3 of the Civil Code, relating to hiring of real property. LEGISLATIVE COUNSEL'S DIGESTAB 299, as introduced, Calderon. Hiring of real property: immigration or citizenship status.Existing law prohibits any city, county, or city and county from compelling a landlord or any agent of the landlord to take any action, as specified, based on the immigration or citizenship status of a tenant, prospective tenant, occupant, or prospective occupant of residential rental property.This bill would expand this prohibition to include a public entity, which the bill would define to include the state, as defined, a city, county, city and county, district, public authority, public agency, and any other political subdivision or public corporation in the state.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO 





 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION

Assembly Bill No. 299

Introduced by Assembly Member CalderonFebruary 06, 2017

Introduced by Assembly Member Calderon
February 06, 2017

 An act to amend Section 1940.3 of the Civil Code, relating to hiring of real property. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 299, as introduced, Calderon. Hiring of real property: immigration or citizenship status.

Existing law prohibits any city, county, or city and county from compelling a landlord or any agent of the landlord to take any action, as specified, based on the immigration or citizenship status of a tenant, prospective tenant, occupant, or prospective occupant of residential rental property.This bill would expand this prohibition to include a public entity, which the bill would define to include the state, as defined, a city, county, city and county, district, public authority, public agency, and any other political subdivision or public corporation in the state.

Existing law prohibits any city, county, or city and county from compelling a landlord or any agent of the landlord to take any action, as specified, based on the immigration or citizenship status of a tenant, prospective tenant, occupant, or prospective occupant of residential rental property.

This bill would expand this prohibition to include a public entity, which the bill would define to include the state, as defined, a city, county, city and county, district, public authority, public agency, and any other political subdivision or public corporation in the state.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 1940.3 of the Civil Code is amended to read:1940.3. (a) No city, county, or city and county shall, by statute, A public entity shall not, by statute, ordinance, or regulation, policy, or by administrative action implementing any statute, ordinance, or regulation, policy, or administrative action, compel a landlord or any agent of the landlord to make any inquiry, compile, disclose, report, or provide any information, prohibit offering or continuing to offer, accommodations in the property for rent or lease, or otherwise take any action regarding or based on the immigration or citizenship status of a tenant, prospective tenant, occupant, or prospective occupant of residential rental property.(b) No A landlord or any agent of the landlord shall not do any of the following:(1) Make any inquiry regarding or based on the immigration or citizenship status of a tenant, prospective tenant, occupant, or prospective occupant of residential rental property.(2) Require that any tenant, prospective tenant, occupant, or prospective occupant of the rental property disclose or make any statement, representation, or certification concerning his or her immigration or citizenship status.(c) Nothing in this This section shall not prohibit a landlord from either:(1) Complying with any legal obligation under federal law.(2) Requesting information or documentation necessary to determine or verify the financial qualifications of a prospective tenant, or to determine or verify the identity of a prospective tenant or prospective occupant.(d) For purposes of this section, both of the following shall apply:(1) Public entity includes the state, a city, county, city and county, district, public authority, public agency, and any other political subdivision or public corporation in the state.(2) State includes any state office, department, division, bureau, board, or commission and the Trustees of the California State University and the California State University.

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

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

SECTION 1. Section 1940.3 of the Civil Code is amended to read:1940.3. (a) No city, county, or city and county shall, by statute, A public entity shall not, by statute, ordinance, or regulation, policy, or by administrative action implementing any statute, ordinance, or regulation, policy, or administrative action, compel a landlord or any agent of the landlord to make any inquiry, compile, disclose, report, or provide any information, prohibit offering or continuing to offer, accommodations in the property for rent or lease, or otherwise take any action regarding or based on the immigration or citizenship status of a tenant, prospective tenant, occupant, or prospective occupant of residential rental property.(b) No A landlord or any agent of the landlord shall not do any of the following:(1) Make any inquiry regarding or based on the immigration or citizenship status of a tenant, prospective tenant, occupant, or prospective occupant of residential rental property.(2) Require that any tenant, prospective tenant, occupant, or prospective occupant of the rental property disclose or make any statement, representation, or certification concerning his or her immigration or citizenship status.(c) Nothing in this This section shall not prohibit a landlord from either:(1) Complying with any legal obligation under federal law.(2) Requesting information or documentation necessary to determine or verify the financial qualifications of a prospective tenant, or to determine or verify the identity of a prospective tenant or prospective occupant.(d) For purposes of this section, both of the following shall apply:(1) Public entity includes the state, a city, county, city and county, district, public authority, public agency, and any other political subdivision or public corporation in the state.(2) State includes any state office, department, division, bureau, board, or commission and the Trustees of the California State University and the California State University.

SECTION 1. Section 1940.3 of the Civil Code is amended to read:

### SECTION 1.

1940.3. (a) No city, county, or city and county shall, by statute, A public entity shall not, by statute, ordinance, or regulation, policy, or by administrative action implementing any statute, ordinance, or regulation, policy, or administrative action, compel a landlord or any agent of the landlord to make any inquiry, compile, disclose, report, or provide any information, prohibit offering or continuing to offer, accommodations in the property for rent or lease, or otherwise take any action regarding or based on the immigration or citizenship status of a tenant, prospective tenant, occupant, or prospective occupant of residential rental property.(b) No A landlord or any agent of the landlord shall not do any of the following:(1) Make any inquiry regarding or based on the immigration or citizenship status of a tenant, prospective tenant, occupant, or prospective occupant of residential rental property.(2) Require that any tenant, prospective tenant, occupant, or prospective occupant of the rental property disclose or make any statement, representation, or certification concerning his or her immigration or citizenship status.(c) Nothing in this This section shall not prohibit a landlord from either:(1) Complying with any legal obligation under federal law.(2) Requesting information or documentation necessary to determine or verify the financial qualifications of a prospective tenant, or to determine or verify the identity of a prospective tenant or prospective occupant.(d) For purposes of this section, both of the following shall apply:(1) Public entity includes the state, a city, county, city and county, district, public authority, public agency, and any other political subdivision or public corporation in the state.(2) State includes any state office, department, division, bureau, board, or commission and the Trustees of the California State University and the California State University.

1940.3. (a) No city, county, or city and county shall, by statute, A public entity shall not, by statute, ordinance, or regulation, policy, or by administrative action implementing any statute, ordinance, or regulation, policy, or administrative action, compel a landlord or any agent of the landlord to make any inquiry, compile, disclose, report, or provide any information, prohibit offering or continuing to offer, accommodations in the property for rent or lease, or otherwise take any action regarding or based on the immigration or citizenship status of a tenant, prospective tenant, occupant, or prospective occupant of residential rental property.(b) No A landlord or any agent of the landlord shall not do any of the following:(1) Make any inquiry regarding or based on the immigration or citizenship status of a tenant, prospective tenant, occupant, or prospective occupant of residential rental property.(2) Require that any tenant, prospective tenant, occupant, or prospective occupant of the rental property disclose or make any statement, representation, or certification concerning his or her immigration or citizenship status.(c) Nothing in this This section shall not prohibit a landlord from either:(1) Complying with any legal obligation under federal law.(2) Requesting information or documentation necessary to determine or verify the financial qualifications of a prospective tenant, or to determine or verify the identity of a prospective tenant or prospective occupant.(d) For purposes of this section, both of the following shall apply:(1) Public entity includes the state, a city, county, city and county, district, public authority, public agency, and any other political subdivision or public corporation in the state.(2) State includes any state office, department, division, bureau, board, or commission and the Trustees of the California State University and the California State University.

1940.3. (a) No city, county, or city and county shall, by statute, A public entity shall not, by statute, ordinance, or regulation, policy, or by administrative action implementing any statute, ordinance, or regulation, policy, or administrative action, compel a landlord or any agent of the landlord to make any inquiry, compile, disclose, report, or provide any information, prohibit offering or continuing to offer, accommodations in the property for rent or lease, or otherwise take any action regarding or based on the immigration or citizenship status of a tenant, prospective tenant, occupant, or prospective occupant of residential rental property.(b) No A landlord or any agent of the landlord shall not do any of the following:(1) Make any inquiry regarding or based on the immigration or citizenship status of a tenant, prospective tenant, occupant, or prospective occupant of residential rental property.(2) Require that any tenant, prospective tenant, occupant, or prospective occupant of the rental property disclose or make any statement, representation, or certification concerning his or her immigration or citizenship status.(c) Nothing in this This section shall not prohibit a landlord from either:(1) Complying with any legal obligation under federal law.(2) Requesting information or documentation necessary to determine or verify the financial qualifications of a prospective tenant, or to determine or verify the identity of a prospective tenant or prospective occupant.(d) For purposes of this section, both of the following shall apply:(1) Public entity includes the state, a city, county, city and county, district, public authority, public agency, and any other political subdivision or public corporation in the state.(2) State includes any state office, department, division, bureau, board, or commission and the Trustees of the California State University and the California State University.



1940.3. (a) No city, county, or city and county shall, by statute, A public entity shall not, by statute, ordinance, or regulation, policy, or by administrative action implementing any statute, ordinance, or regulation, policy, or administrative action, compel a landlord or any agent of the landlord to make any inquiry, compile, disclose, report, or provide any information, prohibit offering or continuing to offer, accommodations in the property for rent or lease, or otherwise take any action regarding or based on the immigration or citizenship status of a tenant, prospective tenant, occupant, or prospective occupant of residential rental property.

(b) No A landlord or any agent of the landlord shall not do any of the following:

(1) Make any inquiry regarding or based on the immigration or citizenship status of a tenant, prospective tenant, occupant, or prospective occupant of residential rental property.

(2) Require that any tenant, prospective tenant, occupant, or prospective occupant of the rental property disclose or make any statement, representation, or certification concerning his or her immigration or citizenship status.

(c) Nothing in this This section shall not prohibit a landlord from either:

(1) Complying with any legal obligation under federal law.

(2) Requesting information or documentation necessary to determine or verify the financial qualifications of a prospective tenant, or to determine or verify the identity of a prospective tenant or prospective occupant.

(d) For purposes of this section, both of the following shall apply:

(1) Public entity includes the state, a city, county, city and county, district, public authority, public agency, and any other political subdivision or public corporation in the state.

(2) State includes any state office, department, division, bureau, board, or commission and the Trustees of the California State University and the California State University.