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| 1 | - | Amended IN | |
| 1 | + | Amended IN Senate April 28, 2022 Amended IN Senate March 28, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 847Introduced by Senator HurtadoJanuary 13, 2022 An act to add and repeal Chapter 17.1 (commencing with Section 50897.9) of Part 2 of Division 31 of the Health and Safety Code, relating to tenancy.LEGISLATIVE COUNSEL'S DIGESTSB 847, as amended, Hurtado. COVID-19 relief: tenancy: grant program.Existing law, the COVID-19 Tenant Relief Act, until October 1, 2025, establishes procedural requirements and limitations on evictions for nonpayment of rent due to COVID-19 rental debt, as defined. Existing law, among other things, prohibits a tenant that delivers to a landlord or files with the court a declaration, under penalty of perjury, of COVID-19-related financial distress, as defined, from being deemed in default with regard to the COVID-19 rental debt, as prescribed.Existing law, the State Rental Assistance Program, establishes a program for providing rental assistance, using funding made available pursuant to federal law, administered by the Department of Housing and Community Development.This bill would, until January 1, 2025, create a grant program under the administration of the department and would require the department to to, among other things, award a program grant, as defined, to a qualified applicant who submits a complete application, as defined, on a first-come, first-served basis, except that the bill would require the program to provide grants to all tier one applicants, as defined, before providing grants to processing the applications of other applicants. applicants, as specified. The bill would define qualified applicant to mean a landlord who satisfies certain criteria, including that the landlord has applied for rental assistance funds pursuant to the State Rental Assistance Program and either received a negative final decision, as specified, or the landlord has been notified that an application to the State Rental Assistance Program was submitted, as specified, but 20 days have passed without a final decision being rendered. The bill would also establish a fund, the moneys in which would be available upon appropriation by the Legislature for the purposes of awarding program grants to qualified applicants.This bill would require a complete application to include, among other things, a statement, signed under penalty of perjury, by the landlord making certain attestations, verifying certain facts, including that the landlord acknowledges that a program grant constitutes full satisfaction of the tenants obligation to the landlord with respect to the COVID-19 rental debt, as defined. 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) As of July 2021, more than 1,800,000 property owners were behind on their mortgages. Many of these property owners are landlords. When federal mortgage forbearance ends, these landlords may be forced to remove their rental units from the market and sell them in order to avoid foreclosure.(b) The State Rental Assistance Program (program) provides rental assistance only for tenants who make less than or equal to 80 percent of the area median income. There are still many landlords with tenants who are behind on their rent and who will not qualify for any form of government rental assistance because they earned too much money to qualify for the program.(c) Although the program has been accepting rental assistance applications for most of 2021, payment to landlords and tenants, especially small landlords who are in desperate financial straits, has been untenably slow.(d) Some tenants have claimed a COVID-19 hardship and yet do not qualify for rental assistance. Unfortunately, the COVID-19 Tenant Relief Act (CTRA) self-certification process allows only tenants to state their cases with no ability for landlords to challenge a self-certification of COVID-19-related financial distress.(e) Upon the expiration of CTRA, tenants with rental debt who do not qualify for the program may face small claims judgments that will unnecessarily burden their financial stability.SEC. 2. Chapter 17.1 (commencing with Section 50897.9) is added to Part 2 of Division 31 of the Health and Safety Code, to read: CHAPTER 17.1. COVID-19 Tenancy Grant Program50897.9. As used in this chapter:(a) Complete application means an application for a program grant that satisfies all of the provisions of Section 50897.11.(b) Covered time period means the time period between March 1, 2020, and September 30, 2021.(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) Department means the Department of Housing and Community Development.(e) Landlord means any 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) Program grant means a grant of an amount equal to 100 percent of a COVID-19 rental debt owed to a qualified applicant.(g) (1) Qualified applicant means a landlord who satisfies any of the following criteria:(A) The landlord has applied for rental assistance funds pursuant to the State Rental Assistance Program and either of the following is true:(i) The landlord has been notified of a negative final decision pursuant to paragraph (3) of subdivision (r) of Section 50897.1.(ii) The landlord has been notified pursuant to paragraph (2) of subdivision (r) of Section 50897.1 that a completed application for rental assistance has been submitted by the landlord or the tenant, and both of the following are true:(I) Twenty days have passed since the application was submitted.(II) A final decision on the application has not been rendered.(B) The landlord has obtained a civil money judgment against a tenant for COVID-19 rental debt.(2) (A) A landlord is a tier one applicant if the landlord is a qualified applicant that is not any of the following:(i) A real estate investment trust, as defined in Section 856 of the Internal Revenue Code.(ii) A corporation.(iii) A limited liability company in which at least one member is a corporation.(iv) An owner who has requested more than one hundred thousand dollars ($100,000) in grants from the program.(B) Notwithstanding subdivision (b) of Section 50897.10, for the first 60 days after the date on which the program first accepts grant applications, the program shall process applications and provide grants for tier one applicants exclusively. Thereafter, the program shall provide grants to all tier one applicants before providing grants to processing applications from other applicants.(h) State Rental Assistance Program means the rental assistance program created by Chapter 17 (commencing with Section 50897), including Option A, Option B, and Option C grantees.50897.10. (a) The COVID-19 Tenancy Grant Program is hereby created under the administration of the department.(b) The department shall award a program grant to a qualified applicant who submits a complete application on a first-come, first-served basis.(c) (1) A program grant awarded pursuant to this section shall be deemed to satisfy a civil money judgment for COVID-19 rental debt that is the subject of the application with respect to which the grant was awarded.(2) (A) A landlord who obtains a program grant pursuant to this section shall comply with Sections 724.030 and 724.040 of the Code of Civil Procedure and is subject to Section 724.050 of the Code of Civil Procedure.(B) An attorney who successfully obtains an order pursuant to subdivision (d) of Section 724.050 of the Code of Civil Procedure on behalf of a judgment debtor whose civil money judgment for COVID-19 rental debt was satisfied by a program grant pursuant to this section shall be entitled, in addition to any other available remedies, to a reasonable attorneys fees award of not less than five hundred dollars ($500) and not more than one thousand dollars ($1000).(3) A program grant awarded pursuant to this section shall be accompanied by a written statement informing the landlord of the landlords legal responsibilities and potential liability under paragraph (2).50897.11. An application for a program grant submitted to the department shall meet include all of the following criteria: following:(a) A statement under penalty of perjury verifying all of the following:(1) That the landlord is a qualified applicant.(2) That the landlord acknowledges that a program grant will constitute full satisfaction of the tenants obligation to the landlord with respect to the COVID-19 rental debt.(3) That the amount requested in the application is the actual amount of COVID-19 rental debt owed by the tenant.(a)(b) The application shall include an explanation as to why the landlord is a qualified applicant and any of the following evidence, if applicable, supporting that explanation: evidence, as applicable:(1) Proof that a landlord applied to the State Rental Assistance Program.(2) Proof of a final decision rendered by the State Rental Assistance Program.(3) A copy of a civil judgment against the tenant.(b)The application shall include a statement, signed under penalty of perjury, by the landlord attesting to both of the following:(1)A program grant constitutes full satisfaction of the tenants obligation to the landlord with respect to the COVID-19 rental debt.(2)The amount requested in the application is the actual amount of COVID-19 rental debt owed by the tenant.(c) An agreement, signed by the landlord, not to terminate any tenancy for which the landlord is seeking a grant award except on the basis of an at-fault just cause, as defined in paragraph (1) of subdivision (b) of Section 1946.2 of the Civil Code, for a period of ___ years commencing on the date of the application.50897.12. A landlord who receives a program grant pursuant to this chapter shall return the amount of that grant to the department if the landlord receives money from the State Rental Assistance Program for the tenant and property for which the program grant was awarded.50897.13. (a) The COVID-19 Tenancy Grant Program Fund is hereby established within the Treasury.(b) Moneys in the fund shall be available, upon appropriation by the Legislature, for the purpose of awarding program grants to qualified applicants pursuant to this chapter.50897.14. (a) The department may adopt, amend, and repeal rules, guidelines, or procedures necessary to administer the provisions of this chapter.(b) The adoption, amendment, or repeal of rules, guidelines, or procedures authorized by this subdivision are exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).50897.15. This chapter shall remain in effect until January 1, 2025, and as of that date is repealed.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Senate April 28, 2022 Amended IN Senate March 28, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 847Introduced by Senator HurtadoJanuary 13, 2022 An act to add and repeal Chapter 17.1 (commencing with Section 50897.9) of Part 2 of Division 31 of the Health and Safety Code, relating to tenancy.LEGISLATIVE COUNSEL'S DIGESTSB 847, as amended, Hurtado. COVID-19 relief: tenancy: grant program.Existing law, the COVID-19 Tenant Relief Act, until October 1, 2025, establishes procedural requirements and limitations on evictions for nonpayment of rent due to COVID-19 rental debt, as defined. Existing law, among other things, prohibits a tenant that delivers to a landlord or files with the court a declaration, under penalty of perjury, of COVID-19-related financial distress, as defined, from being deemed in default with regard to the COVID-19 rental debt, as prescribed.Existing law, the State Rental Assistance Program, establishes a program for providing rental assistance, using funding made available pursuant to federal law, administered by the Department of Housing and Community Development.This bill would, until January 1, 2025, create a grant program under the administration of the department and would require the department to to, among other things, award a program grant, as defined, to a qualified applicant who submits a complete application, as defined, on a first-come, first-served basis, except that the bill would require the program to provide grants to all tier one applicants, as defined, before providing grants to processing the applications of other applicants. applicants, as specified. The bill would define qualified applicant to mean a landlord who satisfies certain criteria, including that the landlord has applied for rental assistance funds pursuant to the State Rental Assistance Program and either received a negative final decision, as specified, or the landlord has been notified that an application to the State Rental Assistance Program was submitted, as specified, but 20 days have passed without a final decision being rendered. The bill would also establish a fund, the moneys in which would be available upon appropriation by the Legislature for the purposes of awarding program grants to qualified applicants.This bill would require a complete application to include, among other things, a statement, signed under penalty of perjury, by the landlord making certain attestations, verifying certain facts, including that the landlord acknowledges that a program grant constitutes full satisfaction of the tenants obligation to the landlord with respect to the COVID-19 rental debt, as defined. 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Senate April 28, 2022 Amended IN Senate March 28, 2022 | |
| 6 | 6 | ||
| 7 | - | Amended IN Assembly June 16, 2022 | |
| 8 | 7 | Amended IN Senate April 28, 2022 | |
| 9 | 8 | Amended IN Senate March 28, 2022 | |
| 10 | 9 | ||
| 11 | 10 | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION | |
| 12 | 11 | ||
| 13 | 12 | Senate Bill | |
| 14 | 13 | ||
| 15 | 14 | No. 847 | |
| 16 | 15 | ||
| 17 | 16 | Introduced by Senator HurtadoJanuary 13, 2022 | |
| 18 | 17 | ||
| 19 | 18 | Introduced by Senator Hurtado | |
| 20 | 19 | January 13, 2022 | |
| 21 | 20 | ||
| 22 | 21 | An act to add and repeal Chapter 17.1 (commencing with Section 50897.9) of Part 2 of Division 31 of the Health and Safety Code, relating to tenancy. | |
| 23 | 22 | ||
| 24 | 23 | LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 24 | ||
| 26 | 25 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 27 | 26 | ||
| 28 | 27 | SB 847, as amended, Hurtado. COVID-19 relief: tenancy: grant program. | |
| 29 | 28 | ||
| 30 | - | Existing law, the COVID-19 Tenant Relief Act, until October 1, 2025, establishes procedural requirements and limitations on evictions for nonpayment of rent due to COVID-19 rental debt, as defined. Existing law, among other things, prohibits a tenant that delivers to a landlord or files with the court a declaration, under penalty of perjury, of COVID-19-related financial distress, as defined, from being deemed in default with regard to the COVID-19 rental debt, as prescribed.Existing law, the State Rental Assistance Program, establishes a program for providing rental assistance, using funding made available pursuant to federal law, administered by the Department of Housing and Community Development.This bill would, until January 1, 2025, create a grant program under the administration of the department and would require the department to, among other things, award a program grant, as defined, to a qualified applicant who submits a complete application, as defined, on a first-come, first-served basis, except that the bill would require the program | |
| 29 | + | Existing law, the COVID-19 Tenant Relief Act, until October 1, 2025, establishes procedural requirements and limitations on evictions for nonpayment of rent due to COVID-19 rental debt, as defined. Existing law, among other things, prohibits a tenant that delivers to a landlord or files with the court a declaration, under penalty of perjury, of COVID-19-related financial distress, as defined, from being deemed in default with regard to the COVID-19 rental debt, as prescribed.Existing law, the State Rental Assistance Program, establishes a program for providing rental assistance, using funding made available pursuant to federal law, administered by the Department of Housing and Community Development.This bill would, until January 1, 2025, create a grant program under the administration of the department and would require the department to to, among other things, award a program grant, as defined, to a qualified applicant who submits a complete application, as defined, on a first-come, first-served basis, except that the bill would require the program to provide grants to all tier one applicants, as defined, before providing grants to processing the applications of other applicants. applicants, as specified. The bill would define qualified applicant to mean a landlord who satisfies certain criteria, including that the landlord has applied for rental assistance funds pursuant to the State Rental Assistance Program and either received a negative final decision, as specified, or the landlord has been notified that an application to the State Rental Assistance Program was submitted, as specified, but 20 days have passed without a final decision being rendered. The bill would also establish a fund, the moneys in which would be available upon appropriation by the Legislature for the purposes of awarding program grants to qualified applicants.This bill would require a complete application to include, among other things, a statement, signed under penalty of perjury, by the landlord making certain attestations, verifying certain facts, including that the landlord acknowledges that a program grant constitutes full satisfaction of the tenants obligation to the landlord with respect to the COVID-19 rental debt, as defined. 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. | |
| 31 | 30 | ||
| 32 | 31 | Existing law, the COVID-19 Tenant Relief Act, until October 1, 2025, establishes procedural requirements and limitations on evictions for nonpayment of rent due to COVID-19 rental debt, as defined. Existing law, among other things, prohibits a tenant that delivers to a landlord or files with the court a declaration, under penalty of perjury, of COVID-19-related financial distress, as defined, from being deemed in default with regard to the COVID-19 rental debt, as prescribed. | |
| 33 | 32 | ||
| 34 | 33 | Existing law, the State Rental Assistance Program, establishes a program for providing rental assistance, using funding made available pursuant to federal law, administered by the Department of Housing and Community Development. | |
| 35 | 34 | ||
| 36 | - | This bill would, until January 1, 2025, create a grant program under the administration of the department and would require the department to, among other things, award a program grant, as defined, to a qualified applicant who submits a complete application, as defined, on a first-come, first-served basis, except that the bill would require the program | |
| 35 | + | This bill would, until January 1, 2025, create a grant program under the administration of the department and would require the department to to, among other things, award a program grant, as defined, to a qualified applicant who submits a complete application, as defined, on a first-come, first-served basis, except that the bill would require the program to provide grants to all tier one applicants, as defined, before providing grants to processing the applications of other applicants. applicants, as specified. The bill would define qualified applicant to mean a landlord who satisfies certain criteria, including that the landlord has applied for rental assistance funds pursuant to the State Rental Assistance Program and either received a negative final decision, as specified, or the landlord has been notified that an application to the State Rental Assistance Program was submitted, as specified, but 20 days have passed without a final decision being rendered. The bill would also establish a fund, the moneys in which would be available upon appropriation by the Legislature for the purposes of awarding program grants to qualified applicants. | |
| 37 | 36 | ||
| 38 | - | This bill would require a complete application to include, among other things, a statement, signed under penalty of perjury, by the landlord verifying certain facts, including that the landlord acknowledges that a program grant constitutes | |
| 37 | + | This bill would require a complete application to include, among other things, a statement, signed under penalty of perjury, by the landlord making certain attestations, verifying certain facts, including that the landlord acknowledges that a program grant constitutes full satisfaction of the tenants obligation to the landlord with respect to the COVID-19 rental debt, as defined. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program. | |
| 39 | 38 | ||
| 40 | 39 | 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. | |
| 41 | 40 | ||
| 42 | 41 | This bill would provide that no reimbursement is required by this act for a specified reason. | |
| 43 | 42 | ||
| 44 | 43 | ## Digest Key | |
| 45 | 44 | ||
| 46 | 45 | ## Bill Text | |
| 47 | 46 | ||
| 48 | - | The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) As of July 2021, more than 1,800,000 property owners were behind on their mortgages. Many of these property owners are landlords. When federal mortgage forbearance ends, these landlords may be forced to remove their rental units from the market and sell them in order to avoid foreclosure.(b) The State Rental Assistance Program (program) provides rental assistance only for tenants who make less than or equal to 80 percent of the area median income. There are still many landlords with tenants who are behind on their rent and who will not qualify for any form of government rental assistance because they earned too much money to qualify for the program.(c) Although the program has been accepting | |
| 47 | + | The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) As of July 2021, more than 1,800,000 property owners were behind on their mortgages. Many of these property owners are landlords. When federal mortgage forbearance ends, these landlords may be forced to remove their rental units from the market and sell them in order to avoid foreclosure.(b) The State Rental Assistance Program (program) provides rental assistance only for tenants who make less than or equal to 80 percent of the area median income. There are still many landlords with tenants who are behind on their rent and who will not qualify for any form of government rental assistance because they earned too much money to qualify for the program.(c) Although the program has been accepting rental assistance applications for most of 2021, payment to landlords and tenants, especially small landlords who are in desperate financial straits, has been untenably slow.(d) Some tenants have claimed a COVID-19 hardship and yet do not qualify for rental assistance. Unfortunately, the COVID-19 Tenant Relief Act (CTRA) self-certification process allows only tenants to state their cases with no ability for landlords to challenge a self-certification of COVID-19-related financial distress.(e) Upon the expiration of CTRA, tenants with rental debt who do not qualify for the program may face small claims judgments that will unnecessarily burden their financial stability.SEC. 2. Chapter 17.1 (commencing with Section 50897.9) is added to Part 2 of Division 31 of the Health and Safety Code, to read: CHAPTER 17.1. COVID-19 Tenancy Grant Program50897.9. As used in this chapter:(a) Complete application means an application for a program grant that satisfies all of the provisions of Section 50897.11.(b) Covered time period means the time period between March 1, 2020, and September 30, 2021.(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) Department means the Department of Housing and Community Development.(e) Landlord means any 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) Program grant means a grant of an amount equal to 100 percent of a COVID-19 rental debt owed to a qualified applicant.(g) (1) Qualified applicant means a landlord who satisfies any of the following criteria:(A) The landlord has applied for rental assistance funds pursuant to the State Rental Assistance Program and either of the following is true:(i) The landlord has been notified of a negative final decision pursuant to paragraph (3) of subdivision (r) of Section 50897.1.(ii) The landlord has been notified pursuant to paragraph (2) of subdivision (r) of Section 50897.1 that a completed application for rental assistance has been submitted by the landlord or the tenant, and both of the following are true:(I) Twenty days have passed since the application was submitted.(II) A final decision on the application has not been rendered.(B) The landlord has obtained a civil money judgment against a tenant for COVID-19 rental debt.(2) (A) A landlord is a tier one applicant if the landlord is a qualified applicant that is not any of the following:(i) A real estate investment trust, as defined in Section 856 of the Internal Revenue Code.(ii) A corporation.(iii) A limited liability company in which at least one member is a corporation.(iv) An owner who has requested more than one hundred thousand dollars ($100,000) in grants from the program.(B) Notwithstanding subdivision (b) of Section 50897.10, for the first 60 days after the date on which the program first accepts grant applications, the program shall process applications and provide grants for tier one applicants exclusively. Thereafter, the program shall provide grants to all tier one applicants before providing grants to processing applications from other applicants.(h) State Rental Assistance Program means the rental assistance program created by Chapter 17 (commencing with Section 50897), including Option A, Option B, and Option C grantees.50897.10. (a) The COVID-19 Tenancy Grant Program is hereby created under the administration of the department.(b) The department shall award a program grant to a qualified applicant who submits a complete application on a first-come, first-served basis.(c) (1) A program grant awarded pursuant to this section shall be deemed to satisfy a civil money judgment for COVID-19 rental debt that is the subject of the application with respect to which the grant was awarded.(2) (A) A landlord who obtains a program grant pursuant to this section shall comply with Sections 724.030 and 724.040 of the Code of Civil Procedure and is subject to Section 724.050 of the Code of Civil Procedure.(B) An attorney who successfully obtains an order pursuant to subdivision (d) of Section 724.050 of the Code of Civil Procedure on behalf of a judgment debtor whose civil money judgment for COVID-19 rental debt was satisfied by a program grant pursuant to this section shall be entitled, in addition to any other available remedies, to a reasonable attorneys fees award of not less than five hundred dollars ($500) and not more than one thousand dollars ($1000).(3) A program grant awarded pursuant to this section shall be accompanied by a written statement informing the landlord of the landlords legal responsibilities and potential liability under paragraph (2).50897.11. An application for a program grant submitted to the department shall meet include all of the following criteria: following:(a) A statement under penalty of perjury verifying all of the following:(1) That the landlord is a qualified applicant.(2) That the landlord acknowledges that a program grant will constitute full satisfaction of the tenants obligation to the landlord with respect to the COVID-19 rental debt.(3) That the amount requested in the application is the actual amount of COVID-19 rental debt owed by the tenant.(a)(b) The application shall include an explanation as to why the landlord is a qualified applicant and any of the following evidence, if applicable, supporting that explanation: evidence, as applicable:(1) Proof that a landlord applied to the State Rental Assistance Program.(2) Proof of a final decision rendered by the State Rental Assistance Program.(3) A copy of a civil judgment against the tenant.(b)The application shall include a statement, signed under penalty of perjury, by the landlord attesting to both of the following:(1)A program grant constitutes full satisfaction of the tenants obligation to the landlord with respect to the COVID-19 rental debt.(2)The amount requested in the application is the actual amount of COVID-19 rental debt owed by the tenant.(c) An agreement, signed by the landlord, not to terminate any tenancy for which the landlord is seeking a grant award except on the basis of an at-fault just cause, as defined in paragraph (1) of subdivision (b) of Section 1946.2 of the Civil Code, for a period of ___ years commencing on the date of the application.50897.12. A landlord who receives a program grant pursuant to this chapter shall return the amount of that grant to the department if the landlord receives money from the State Rental Assistance Program for the tenant and property for which the program grant was awarded.50897.13. (a) The COVID-19 Tenancy Grant Program Fund is hereby established within the Treasury.(b) Moneys in the fund shall be available, upon appropriation by the Legislature, for the purpose of awarding program grants to qualified applicants pursuant to this chapter.50897.14. (a) The department may adopt, amend, and repeal rules, guidelines, or procedures necessary to administer the provisions of this chapter.(b) The adoption, amendment, or repeal of rules, guidelines, or procedures authorized by this subdivision are exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).50897.15. This chapter shall remain in effect until January 1, 2025, and as of that date is repealed.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
| 49 | 48 | ||
| 50 | 49 | The people of the State of California do enact as follows: | |
| 51 | 50 | ||
| 52 | 51 | ## The people of the State of California do enact as follows: | |
| 53 | 52 | ||
| 54 | - | SECTION 1. The Legislature finds and declares all of the following:(a) As of July 2021, more than 1,800,000 property owners were behind on their mortgages. Many of these property owners are landlords. When federal mortgage forbearance ends, these landlords may be forced to remove their rental units from the market and sell them in order to avoid foreclosure.(b) The State Rental Assistance Program (program) provides rental assistance only for tenants who make less than or equal to 80 percent of the area median income. There are still many landlords with tenants who are behind on their rent and who will not qualify for any form of government rental assistance because they earned too much money to qualify for the program.(c) Although the program has been accepting | |
| 53 | + | SECTION 1. The Legislature finds and declares all of the following:(a) As of July 2021, more than 1,800,000 property owners were behind on their mortgages. Many of these property owners are landlords. When federal mortgage forbearance ends, these landlords may be forced to remove their rental units from the market and sell them in order to avoid foreclosure.(b) The State Rental Assistance Program (program) provides rental assistance only for tenants who make less than or equal to 80 percent of the area median income. There are still many landlords with tenants who are behind on their rent and who will not qualify for any form of government rental assistance because they earned too much money to qualify for the program.(c) Although the program has been accepting rental assistance applications for most of 2021, payment to landlords and tenants, especially small landlords who are in desperate financial straits, has been untenably slow.(d) Some tenants have claimed a COVID-19 hardship and yet do not qualify for rental assistance. Unfortunately, the COVID-19 Tenant Relief Act (CTRA) self-certification process allows only tenants to state their cases with no ability for landlords to challenge a self-certification of COVID-19-related financial distress.(e) Upon the expiration of CTRA, tenants with rental debt who do not qualify for the program may face small claims judgments that will unnecessarily burden their financial stability. | |
| 55 | 54 | ||
| 56 | - | SECTION 1. The Legislature finds and declares all of the following:(a) As of July 2021, more than 1,800,000 property owners were behind on their mortgages. Many of these property owners are landlords. When federal mortgage forbearance ends, these landlords may be forced to remove their rental units from the market and sell them in order to avoid foreclosure.(b) The State Rental Assistance Program (program) provides rental assistance only for tenants who make less than or equal to 80 percent of the area median income. There are still many landlords with tenants who are behind on their rent and who will not qualify for any form of government rental assistance because they earned too much money to qualify for the program.(c) Although the program has been accepting | |
| 55 | + | SECTION 1. The Legislature finds and declares all of the following:(a) As of July 2021, more than 1,800,000 property owners were behind on their mortgages. Many of these property owners are landlords. When federal mortgage forbearance ends, these landlords may be forced to remove their rental units from the market and sell them in order to avoid foreclosure.(b) The State Rental Assistance Program (program) provides rental assistance only for tenants who make less than or equal to 80 percent of the area median income. There are still many landlords with tenants who are behind on their rent and who will not qualify for any form of government rental assistance because they earned too much money to qualify for the program.(c) Although the program has been accepting rental assistance applications for most of 2021, payment to landlords and tenants, especially small landlords who are in desperate financial straits, has been untenably slow.(d) Some tenants have claimed a COVID-19 hardship and yet do not qualify for rental assistance. Unfortunately, the COVID-19 Tenant Relief Act (CTRA) self-certification process allows only tenants to state their cases with no ability for landlords to challenge a self-certification of COVID-19-related financial distress.(e) Upon the expiration of CTRA, tenants with rental debt who do not qualify for the program may face small claims judgments that will unnecessarily burden their financial stability. | |
| 57 | 56 | ||
| 58 | 57 | SECTION 1. The Legislature finds and declares all of the following: | |
| 59 | 58 | ||
| 60 | 59 | ### SECTION 1. | |
| 61 | 60 | ||
| 62 | 61 | (a) As of July 2021, more than 1,800,000 property owners were behind on their mortgages. Many of these property owners are landlords. When federal mortgage forbearance ends, these landlords may be forced to remove their rental units from the market and sell them in order to avoid foreclosure. | |
| 63 | 62 | ||
| 64 | 63 | (b) The State Rental Assistance Program (program) provides rental assistance only for tenants who make less than or equal to 80 percent of the area median income. There are still many landlords with tenants who are behind on their rent and who will not qualify for any form of government rental assistance because they earned too much money to qualify for the program. | |
| 65 | 64 | ||
| 66 | - | (c) Although the program has been accepting | |
| 65 | + | (c) Although the program has been accepting rental assistance applications for most of 2021, payment to landlords and tenants, especially small landlords who are in desperate financial straits, has been untenably slow. | |
| 67 | 66 | ||
| 68 | - | (d) Some tenants have claimed a COVID-19 hardship and yet do not qualify for rental assistance. Unfortunately, the COVID-19 Tenant Relief Act (CTRA) self-certification process allows only tenants to state their cases with no ability for landlords to challenge a self-certification of COVID-19-related financial distress. | |
| 67 | + | (d) Some tenants have claimed a COVID-19 hardship and yet do not qualify for rental assistance. Unfortunately, the COVID-19 Tenant Relief Act (CTRA) self-certification process allows only tenants to state their cases with no ability for landlords to challenge a self-certification of COVID-19-related financial distress. | |
| 69 | 68 | ||
| 70 | - | (e) Upon the expiration of CTRA, tenants with rental debt who do not qualify for the program may face small claims | |
| 69 | + | (e) Upon the expiration of CTRA, tenants with rental debt who do not qualify for the program may face small claims judgments that will unnecessarily burden their financial stability. | |
| 71 | 70 | ||
| 72 | - | SEC. 2. Chapter 17.1 (commencing with Section 50897.9) is added to Part 2 of Division 31 of the Health and Safety Code, to read: CHAPTER 17.1. COVID-19 Tenancy Grant Program50897.9. As used in this chapter:(a) Complete application means an application for a program grant that satisfies all of the provisions of Section 50897.11.(b) Covered time period means the time period between March | |
| 71 | + | SEC. 2. Chapter 17.1 (commencing with Section 50897.9) is added to Part 2 of Division 31 of the Health and Safety Code, to read: CHAPTER 17.1. COVID-19 Tenancy Grant Program50897.9. As used in this chapter:(a) Complete application means an application for a program grant that satisfies all of the provisions of Section 50897.11.(b) Covered time period means the time period between March 1, 2020, and September 30, 2021.(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) Department means the Department of Housing and Community Development.(e) Landlord means any 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) Program grant means a grant of an amount equal to 100 percent of a COVID-19 rental debt owed to a qualified applicant.(g) (1) Qualified applicant means a landlord who satisfies any of the following criteria:(A) The landlord has applied for rental assistance funds pursuant to the State Rental Assistance Program and either of the following is true:(i) The landlord has been notified of a negative final decision pursuant to paragraph (3) of subdivision (r) of Section 50897.1.(ii) The landlord has been notified pursuant to paragraph (2) of subdivision (r) of Section 50897.1 that a completed application for rental assistance has been submitted by the landlord or the tenant, and both of the following are true:(I) Twenty days have passed since the application was submitted.(II) A final decision on the application has not been rendered.(B) The landlord has obtained a civil money judgment against a tenant for COVID-19 rental debt.(2) (A) A landlord is a tier one applicant if the landlord is a qualified applicant that is not any of the following:(i) A real estate investment trust, as defined in Section 856 of the Internal Revenue Code.(ii) A corporation.(iii) A limited liability company in which at least one member is a corporation.(iv) An owner who has requested more than one hundred thousand dollars ($100,000) in grants from the program.(B) Notwithstanding subdivision (b) of Section 50897.10, for the first 60 days after the date on which the program first accepts grant applications, the program shall process applications and provide grants for tier one applicants exclusively. Thereafter, the program shall provide grants to all tier one applicants before providing grants to processing applications from other applicants.(h) State Rental Assistance Program means the rental assistance program created by Chapter 17 (commencing with Section 50897), including Option A, Option B, and Option C grantees.50897.10. (a) The COVID-19 Tenancy Grant Program is hereby created under the administration of the department.(b) The department shall award a program grant to a qualified applicant who submits a complete application on a first-come, first-served basis.(c) (1) A program grant awarded pursuant to this section shall be deemed to satisfy a civil money judgment for COVID-19 rental debt that is the subject of the application with respect to which the grant was awarded.(2) (A) A landlord who obtains a program grant pursuant to this section shall comply with Sections 724.030 and 724.040 of the Code of Civil Procedure and is subject to Section 724.050 of the Code of Civil Procedure.(B) An attorney who successfully obtains an order pursuant to subdivision (d) of Section 724.050 of the Code of Civil Procedure on behalf of a judgment debtor whose civil money judgment for COVID-19 rental debt was satisfied by a program grant pursuant to this section shall be entitled, in addition to any other available remedies, to a reasonable attorneys fees award of not less than five hundred dollars ($500) and not more than one thousand dollars ($1000).(3) A program grant awarded pursuant to this section shall be accompanied by a written statement informing the landlord of the landlords legal responsibilities and potential liability under paragraph (2).50897.11. An application for a program grant submitted to the department shall meet include all of the following criteria: following:(a) A statement under penalty of perjury verifying all of the following:(1) That the landlord is a qualified applicant.(2) That the landlord acknowledges that a program grant will constitute full satisfaction of the tenants obligation to the landlord with respect to the COVID-19 rental debt.(3) That the amount requested in the application is the actual amount of COVID-19 rental debt owed by the tenant.(a)(b) The application shall include an explanation as to why the landlord is a qualified applicant and any of the following evidence, if applicable, supporting that explanation: evidence, as applicable:(1) Proof that a landlord applied to the State Rental Assistance Program.(2) Proof of a final decision rendered by the State Rental Assistance Program.(3) A copy of a civil judgment against the tenant.(b)The application shall include a statement, signed under penalty of perjury, by the landlord attesting to both of the following:(1)A program grant constitutes full satisfaction of the tenants obligation to the landlord with respect to the COVID-19 rental debt.(2)The amount requested in the application is the actual amount of COVID-19 rental debt owed by the tenant.(c) An agreement, signed by the landlord, not to terminate any tenancy for which the landlord is seeking a grant award except on the basis of an at-fault just cause, as defined in paragraph (1) of subdivision (b) of Section 1946.2 of the Civil Code, for a period of ___ years commencing on the date of the application.50897.12. A landlord who receives a program grant pursuant to this chapter shall return the amount of that grant to the department if the landlord receives money from the State Rental Assistance Program for the tenant and property for which the program grant was awarded.50897.13. (a) The COVID-19 Tenancy Grant Program Fund is hereby established within the Treasury.(b) Moneys in the fund shall be available, upon appropriation by the Legislature, for the purpose of awarding program grants to qualified applicants pursuant to this chapter.50897.14. (a) The department may adopt, amend, and repeal rules, guidelines, or procedures necessary to administer the provisions of this chapter.(b) The adoption, amendment, or repeal of rules, guidelines, or procedures authorized by this subdivision are exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).50897.15. This chapter shall remain in effect until January 1, 2025, and as of that date is repealed. | |
| 73 | 72 | ||
| 74 | 73 | SEC. 2. Chapter 17.1 (commencing with Section 50897.9) is added to Part 2 of Division 31 of the Health and Safety Code, to read: | |
| 75 | 74 | ||
| 76 | 75 | ### SEC. 2. | |
| 77 | 76 | ||
| 78 | - | CHAPTER 17.1. COVID-19 Tenancy Grant Program50897.9. As used in this chapter:(a) Complete application means an application for a program grant that satisfies all of the provisions of Section 50897.11.(b) Covered time period means the time period between March | |
| 77 | + | CHAPTER 17.1. COVID-19 Tenancy Grant Program50897.9. As used in this chapter:(a) Complete application means an application for a program grant that satisfies all of the provisions of Section 50897.11.(b) Covered time period means the time period between March 1, 2020, and September 30, 2021.(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) Department means the Department of Housing and Community Development.(e) Landlord means any 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) Program grant means a grant of an amount equal to 100 percent of a COVID-19 rental debt owed to a qualified applicant.(g) (1) Qualified applicant means a landlord who satisfies any of the following criteria:(A) The landlord has applied for rental assistance funds pursuant to the State Rental Assistance Program and either of the following is true:(i) The landlord has been notified of a negative final decision pursuant to paragraph (3) of subdivision (r) of Section 50897.1.(ii) The landlord has been notified pursuant to paragraph (2) of subdivision (r) of Section 50897.1 that a completed application for rental assistance has been submitted by the landlord or the tenant, and both of the following are true:(I) Twenty days have passed since the application was submitted.(II) A final decision on the application has not been rendered.(B) The landlord has obtained a civil money judgment against a tenant for COVID-19 rental debt.(2) (A) A landlord is a tier one applicant if the landlord is a qualified applicant that is not any of the following:(i) A real estate investment trust, as defined in Section 856 of the Internal Revenue Code.(ii) A corporation.(iii) A limited liability company in which at least one member is a corporation.(iv) An owner who has requested more than one hundred thousand dollars ($100,000) in grants from the program.(B) Notwithstanding subdivision (b) of Section 50897.10, for the first 60 days after the date on which the program first accepts grant applications, the program shall process applications and provide grants for tier one applicants exclusively. Thereafter, the program shall provide grants to all tier one applicants before providing grants to processing applications from other applicants.(h) State Rental Assistance Program means the rental assistance program created by Chapter 17 (commencing with Section 50897), including Option A, Option B, and Option C grantees.50897.10. (a) The COVID-19 Tenancy Grant Program is hereby created under the administration of the department.(b) The department shall award a program grant to a qualified applicant who submits a complete application on a first-come, first-served basis.(c) (1) A program grant awarded pursuant to this section shall be deemed to satisfy a civil money judgment for COVID-19 rental debt that is the subject of the application with respect to which the grant was awarded.(2) (A) A landlord who obtains a program grant pursuant to this section shall comply with Sections 724.030 and 724.040 of the Code of Civil Procedure and is subject to Section 724.050 of the Code of Civil Procedure.(B) An attorney who successfully obtains an order pursuant to subdivision (d) of Section 724.050 of the Code of Civil Procedure on behalf of a judgment debtor whose civil money judgment for COVID-19 rental debt was satisfied by a program grant pursuant to this section shall be entitled, in addition to any other available remedies, to a reasonable attorneys fees award of not less than five hundred dollars ($500) and not more than one thousand dollars ($1000).(3) A program grant awarded pursuant to this section shall be accompanied by a written statement informing the landlord of the landlords legal responsibilities and potential liability under paragraph (2).50897.11. An application for a program grant submitted to the department shall meet include all of the following criteria: following:(a) A statement under penalty of perjury verifying all of the following:(1) That the landlord is a qualified applicant.(2) That the landlord acknowledges that a program grant will constitute full satisfaction of the tenants obligation to the landlord with respect to the COVID-19 rental debt.(3) That the amount requested in the application is the actual amount of COVID-19 rental debt owed by the tenant.(a)(b) The application shall include an explanation as to why the landlord is a qualified applicant and any of the following evidence, if applicable, supporting that explanation: evidence, as applicable:(1) Proof that a landlord applied to the State Rental Assistance Program.(2) Proof of a final decision rendered by the State Rental Assistance Program.(3) A copy of a civil judgment against the tenant.(b)The application shall include a statement, signed under penalty of perjury, by the landlord attesting to both of the following:(1)A program grant constitutes full satisfaction of the tenants obligation to the landlord with respect to the COVID-19 rental debt.(2)The amount requested in the application is the actual amount of COVID-19 rental debt owed by the tenant.(c) An agreement, signed by the landlord, not to terminate any tenancy for which the landlord is seeking a grant award except on the basis of an at-fault just cause, as defined in paragraph (1) of subdivision (b) of Section 1946.2 of the Civil Code, for a period of ___ years commencing on the date of the application.50897.12. A landlord who receives a program grant pursuant to this chapter shall return the amount of that grant to the department if the landlord receives money from the State Rental Assistance Program for the tenant and property for which the program grant was awarded.50897.13. (a) The COVID-19 Tenancy Grant Program Fund is hereby established within the Treasury.(b) Moneys in the fund shall be available, upon appropriation by the Legislature, for the purpose of awarding program grants to qualified applicants pursuant to this chapter.50897.14. (a) The department may adopt, amend, and repeal rules, guidelines, or procedures necessary to administer the provisions of this chapter.(b) The adoption, amendment, or repeal of rules, guidelines, or procedures authorized by this subdivision are exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).50897.15. This chapter shall remain in effect until January 1, 2025, and as of that date is repealed. | |
| 79 | 78 | ||
| 80 | - | CHAPTER 17.1. COVID-19 Tenancy Grant Program50897.9. As used in this chapter:(a) Complete application means an application for a program grant that satisfies all of the provisions of Section 50897.11.(b) Covered time period means the time period between March | |
| 79 | + | CHAPTER 17.1. COVID-19 Tenancy Grant Program50897.9. As used in this chapter:(a) Complete application means an application for a program grant that satisfies all of the provisions of Section 50897.11.(b) Covered time period means the time period between March 1, 2020, and September 30, 2021.(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) Department means the Department of Housing and Community Development.(e) Landlord means any 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) Program grant means a grant of an amount equal to 100 percent of a COVID-19 rental debt owed to a qualified applicant.(g) (1) Qualified applicant means a landlord who satisfies any of the following criteria:(A) The landlord has applied for rental assistance funds pursuant to the State Rental Assistance Program and either of the following is true:(i) The landlord has been notified of a negative final decision pursuant to paragraph (3) of subdivision (r) of Section 50897.1.(ii) The landlord has been notified pursuant to paragraph (2) of subdivision (r) of Section 50897.1 that a completed application for rental assistance has been submitted by the landlord or the tenant, and both of the following are true:(I) Twenty days have passed since the application was submitted.(II) A final decision on the application has not been rendered.(B) The landlord has obtained a civil money judgment against a tenant for COVID-19 rental debt.(2) (A) A landlord is a tier one applicant if the landlord is a qualified applicant that is not any of the following:(i) A real estate investment trust, as defined in Section 856 of the Internal Revenue Code.(ii) A corporation.(iii) A limited liability company in which at least one member is a corporation.(iv) An owner who has requested more than one hundred thousand dollars ($100,000) in grants from the program.(B) Notwithstanding subdivision (b) of Section 50897.10, for the first 60 days after the date on which the program first accepts grant applications, the program shall process applications and provide grants for tier one applicants exclusively. Thereafter, the program shall provide grants to all tier one applicants before providing grants to processing applications from other applicants.(h) State Rental Assistance Program means the rental assistance program created by Chapter 17 (commencing with Section 50897), including Option A, Option B, and Option C grantees.50897.10. (a) The COVID-19 Tenancy Grant Program is hereby created under the administration of the department.(b) The department shall award a program grant to a qualified applicant who submits a complete application on a first-come, first-served basis.(c) (1) A program grant awarded pursuant to this section shall be deemed to satisfy a civil money judgment for COVID-19 rental debt that is the subject of the application with respect to which the grant was awarded.(2) (A) A landlord who obtains a program grant pursuant to this section shall comply with Sections 724.030 and 724.040 of the Code of Civil Procedure and is subject to Section 724.050 of the Code of Civil Procedure.(B) An attorney who successfully obtains an order pursuant to subdivision (d) of Section 724.050 of the Code of Civil Procedure on behalf of a judgment debtor whose civil money judgment for COVID-19 rental debt was satisfied by a program grant pursuant to this section shall be entitled, in addition to any other available remedies, to a reasonable attorneys fees award of not less than five hundred dollars ($500) and not more than one thousand dollars ($1000).(3) A program grant awarded pursuant to this section shall be accompanied by a written statement informing the landlord of the landlords legal responsibilities and potential liability under paragraph (2).50897.11. An application for a program grant submitted to the department shall meet include all of the following criteria: following:(a) A statement under penalty of perjury verifying all of the following:(1) That the landlord is a qualified applicant.(2) That the landlord acknowledges that a program grant will constitute full satisfaction of the tenants obligation to the landlord with respect to the COVID-19 rental debt.(3) That the amount requested in the application is the actual amount of COVID-19 rental debt owed by the tenant.(a)(b) The application shall include an explanation as to why the landlord is a qualified applicant and any of the following evidence, if applicable, supporting that explanation: evidence, as applicable:(1) Proof that a landlord applied to the State Rental Assistance Program.(2) Proof of a final decision rendered by the State Rental Assistance Program.(3) A copy of a civil judgment against the tenant.(b)The application shall include a statement, signed under penalty of perjury, by the landlord attesting to both of the following:(1)A program grant constitutes full satisfaction of the tenants obligation to the landlord with respect to the COVID-19 rental debt.(2)The amount requested in the application is the actual amount of COVID-19 rental debt owed by the tenant.(c) An agreement, signed by the landlord, not to terminate any tenancy for which the landlord is seeking a grant award except on the basis of an at-fault just cause, as defined in paragraph (1) of subdivision (b) of Section 1946.2 of the Civil Code, for a period of ___ years commencing on the date of the application.50897.12. A landlord who receives a program grant pursuant to this chapter shall return the amount of that grant to the department if the landlord receives money from the State Rental Assistance Program for the tenant and property for which the program grant was awarded.50897.13. (a) The COVID-19 Tenancy Grant Program Fund is hereby established within the Treasury.(b) Moneys in the fund shall be available, upon appropriation by the Legislature, for the purpose of awarding program grants to qualified applicants pursuant to this chapter.50897.14. (a) The department may adopt, amend, and repeal rules, guidelines, or procedures necessary to administer the provisions of this chapter.(b) The adoption, amendment, or repeal of rules, guidelines, or procedures authorized by this subdivision are exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).50897.15. This chapter shall remain in effect until January 1, 2025, and as of that date is repealed. | |
| 81 | 80 | ||
| 82 | 81 | CHAPTER 17.1. COVID-19 Tenancy Grant Program | |
| 83 | 82 | ||
| 84 | 83 | CHAPTER 17.1. COVID-19 Tenancy Grant Program | |
| 85 | 84 | ||
| 86 | - | 50897.9. As used in this chapter:(a) Complete application means an application for a program grant that satisfies all of the provisions of Section 50897.11.(b) Covered time period means the time period between March | |
| 85 | + | 50897.9. As used in this chapter:(a) Complete application means an application for a program grant that satisfies all of the provisions of Section 50897.11.(b) Covered time period means the time period between March 1, 2020, and September 30, 2021.(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) Department means the Department of Housing and Community Development.(e) Landlord means any 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) Program grant means a grant of an amount equal to 100 percent of a COVID-19 rental debt owed to a qualified applicant.(g) (1) Qualified applicant means a landlord who satisfies any of the following criteria:(A) The landlord has applied for rental assistance funds pursuant to the State Rental Assistance Program and either of the following is true:(i) The landlord has been notified of a negative final decision pursuant to paragraph (3) of subdivision (r) of Section 50897.1.(ii) The landlord has been notified pursuant to paragraph (2) of subdivision (r) of Section 50897.1 that a completed application for rental assistance has been submitted by the landlord or the tenant, and both of the following are true:(I) Twenty days have passed since the application was submitted.(II) A final decision on the application has not been rendered.(B) The landlord has obtained a civil money judgment against a tenant for COVID-19 rental debt.(2) (A) A landlord is a tier one applicant if the landlord is a qualified applicant that is not any of the following:(i) A real estate investment trust, as defined in Section 856 of the Internal Revenue Code.(ii) A corporation.(iii) A limited liability company in which at least one member is a corporation.(iv) An owner who has requested more than one hundred thousand dollars ($100,000) in grants from the program.(B) Notwithstanding subdivision (b) of Section 50897.10, for the first 60 days after the date on which the program first accepts grant applications, the program shall process applications and provide grants for tier one applicants exclusively. Thereafter, the program shall provide grants to all tier one applicants before providing grants to processing applications from other applicants.(h) State Rental Assistance Program means the rental assistance program created by Chapter 17 (commencing with Section 50897), including Option A, Option B, and Option C grantees. | |
| 87 | 86 | ||
| 88 | 87 | ||
| 89 | 88 | ||
| 90 | 89 | 50897.9. As used in this chapter: | |
| 91 | 90 | ||
| 92 | 91 | (a) Complete application means an application for a program grant that satisfies all of the provisions of Section 50897.11. | |
| 93 | 92 | ||
| 94 | - | (b) Covered time period means the time period between March | |
| 93 | + | (b) Covered time period means the time period between March 1, 2020, and September 30, 2021. | |
| 95 | 94 | ||
| 96 | - | (c) COVID-19 rental debt means unpaid rent or any other unpaid financial obligation of a | |
| 95 | + | (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. | |
| 97 | 96 | ||
| 98 | 97 | (d) Department means the Department of Housing and Community Development. | |
| 99 | 98 | ||
| 100 | 99 | (e) Landlord means any of the following or the agent of any of the following: | |
| 101 | 100 | ||
| 102 | 101 | (1) An owner of residential real property. | |
| 103 | 102 | ||
| 104 | 103 | (2) An owner of a residential rental unit. | |
| 105 | 104 | ||
| 106 | 105 | (3) An owner of a mobilehome park. | |
| 107 | 106 | ||
| 108 | - | (4) An owner of a mobilehome park space or lot. | |
| 107 | + | (4) An owner of a mobilehome park space or lot. | |
| 109 | 108 | ||
| 110 | 109 | (f) Program grant means a grant of an amount equal to 100 percent of a COVID-19 rental debt owed to a qualified applicant. | |
| 111 | 110 | ||
| 112 | - | (g) (1)Qualified applicant means a landlord who | |
| 111 | + | (g) (1) Qualified applicant means a landlord who satisfies any of the following criteria: | |
| 113 | 112 | ||
| 114 | 113 | (A) The landlord has applied for rental assistance funds pursuant to the State Rental Assistance Program and either of the following is true: | |
| 115 | 114 | ||
| 115 | + | (i) The landlord has been notified of a negative final decision pursuant to paragraph (3) of subdivision (r) of Section 50897.1. | |
| 116 | 116 | ||
| 117 | - | ||
| 118 | - | (i) | |
| 119 | - | ||
| 120 | - | ||
| 121 | - | ||
| 122 | - | (1) The landlord has been notified of a negative final decision pursuant to paragraph (3) of subdivision (r) of Section 50897.1. | |
| 123 | - | ||
| 124 | - | (ii) | |
| 125 | - | ||
| 126 | - | ||
| 127 | - | ||
| 128 | - | (2) The landlord has been notified pursuant to paragraph (2) of subdivision (r) of Section 50897.1 that a completed application for rental assistance has been submitted by the landlord or the tenant, and both of the following are true: and a final decision on the application was not rendered before the effective date of the act adding this chapter. | |
| 117 | + | (ii) The landlord has been notified pursuant to paragraph (2) of subdivision (r) of Section 50897.1 that a completed application for rental assistance has been submitted by the landlord or the tenant, and both of the following are true: | |
| 129 | 118 | ||
| 130 | 119 | (I) Twenty days have passed since the application was submitted. | |
| 131 | 120 | ||
| 132 | - | ||
| 133 | - | ||
| 134 | 121 | (II) A final decision on the application has not been rendered. | |
| 135 | 122 | ||
| 123 | + | (B) The landlord has obtained a civil money judgment against a tenant for COVID-19 rental debt. | |
| 136 | 124 | ||
| 125 | + | (2) (A) A landlord is a tier one applicant if the landlord is a qualified applicant that is not any of the following: | |
| 137 | 126 | ||
| 138 | - | ( | |
| 127 | + | (i) A real estate investment trust, as defined in Section 856 of the Internal Revenue Code. | |
| 139 | 128 | ||
| 140 | - | ( | |
| 129 | + | (ii) A corporation. | |
| 141 | 130 | ||
| 142 | - | ( | |
| 131 | + | (iii) A limited liability company in which at least one member is a corporation. | |
| 143 | 132 | ||
| 133 | + | (iv) An owner who has requested more than one hundred thousand dollars ($100,000) in grants from the program. | |
| 144 | 134 | ||
| 145 | - | ||
| 146 | - | (5) The landlord has obtained obtained, before June 1, 2022, a civil money judgment against a tenant for COVID-19 rental debt. | |
| 147 | - | ||
| 148 | - | (6) The tenant initiated an application for a rental assistance program that required the tenant to complete the tenants portion of the application, and the landlord was unable to complete the application due to no fault of the landlord. | |
| 135 | + | (B) Notwithstanding subdivision (b) of Section 50897.10, for the first 60 days after the date on which the program first accepts grant applications, the program shall process applications and provide grants for tier one applicants exclusively. Thereafter, the program shall provide grants to all tier one applicants before providing grants to processing applications from other applicants. | |
| 149 | 136 | ||
| 150 | 137 | (h) State Rental Assistance Program means the rental assistance program created by Chapter 17 (commencing with Section 50897), including Option A, Option B, and Option C grantees. | |
| 151 | 138 | ||
| 152 | - | (2)(A)A landlord is a tier | |
| 153 | - | ||
| 154 | - | ||
| 155 | - | ||
| 156 | - | (i) Tier one applicant if the landlord is means a qualified applicant that is not any of the following: | |
| 157 | - | ||
| 158 | - | (i) | |
| 159 | - | ||
| 160 | - | ||
| 161 | - | ||
| 162 | - | (1) A real estate investment trust, as defined in Section 856 of the Internal Revenue Code. | |
| 163 | - | ||
| 164 | - | (ii) | |
| 165 | - | ||
| 166 | - | ||
| 167 | - | ||
| 168 | - | (2) A corporation. | |
| 169 | - | ||
| 170 | - | (iii) | |
| 171 | - | ||
| 172 | - | ||
| 173 | - | ||
| 174 | - | (3) A limited liability company in which at least one member is a corporation. | |
| 175 | - | ||
| 176 | - | (iv) | |
| 177 | - | ||
| 178 | - | ||
| 179 | - | ||
| 180 | - | (4) An owner who has requested more than one hundred thousand dollars ($100,000) in grants from the program. | |
| 181 | - | ||
| 182 | - | (B)Notwithstanding subdivision (b) of Section 50897.10, for the first 60 days after the date on which the program first accepts grant applications, the program shall process applications and provide grants for tier one applicants exclusively. Thereafter, the program shall provide grants to all tier one applicants before processing applications from other applicants. | |
| 183 | - | ||
| 184 | - | ||
| 185 | - | ||
| 186 | - | (h)State Rental Assistance Program means the rental assistance program created by Chapter 17 (commencing with Section 50897), including Option A, Option B, and Option C grantees. | |
| 187 | - | ||
| 188 | - | ||
| 189 | - | ||
| 190 | - | 50897.10. (a) The COVID-19 Tenancy Grant Program is hereby created under the administration of the department.(b) The (1) Except as provided in paragraph (2), the department shall award a program grant to a qualified applicant who submits a complete application on a first-come, first-served basis.(2) For the first 60 days after the date on which the department first accepts grant applications, the department shall process applications and provide grants for tier one applicants exclusively. Thereafter, the department shall provide grants to all tier one applicants before processing applications from other applicants.(c) (1) A Subject to Section 50897.12, a program grant awarded pursuant to this section shall be deemed to fully satisfy a all civil money judgment for COVID-19 rental debt that is the subject of the application with respect to which the grant was awarded. judgments obtained by the applicant against the tenant whose COVID-19 rental debt was the subject of the application, even if the landlord does not deposit a check from the program or otherwise fails to accept the grant. A tenant may file a motion to vacate a judgment deemed satisfied pursuant to this paragraph or that is satisfied by application of paragraph (2) or (3).(2) When a program grant is awarded pursuant to this section, the department shall file each acknowledgment of satisfaction of judgment it receives pursuant to subdivision (c) of Section 50897.11 with the applicable superior court.(2)(3) (A) A landlord who obtains a program grant pursuant to this section shall comply with Sections 724.030 and 724.040 of the Code of Civil Procedure and is subject to Section 724.050 of the Code of Civil Procedure. Procedure if a judgment is not satisfied pursuant to paragraph (2).(B) An attorney who successfully obtains an order pursuant to subdivision (d) of Section 724.050 of the Code of Civil Procedure on behalf of a judgment debtor whose civil money judgment for COVID-19 rental debt was satisfied by a program grant pursuant to this section shall be entitled, in addition to any other available remedies, to a reasonable attorneys fees award of not less than five hundred dollars ($500) and not more than one thousand dollars ($1000).(4) When a program grant is awarded pursuant to this section, the landlord shall cease all reporting to any consumer reporting agency, as that term is defined under of Title 15 of the United States Code Section 1681a regarding the tenants unpaid COVID-19 rental debt.(3)(5) A program grant awarded pursuant to this section shall be accompanied by a written statement informing the landlord of the landlords legal responsibilities and potential liability under paragraph (2). (3).(6) A statement pursuant to paragraph (4) of subdivision (a) of Section 50897.11 does not diminish any existing tenant protections that apply to the tenancy, including, but not limited to, just cause eviction protections under state or local law. | |
| 139 | + | 50897.10. (a) The COVID-19 Tenancy Grant Program is hereby created under the administration of the department.(b) The department shall award a program grant to a qualified applicant who submits a complete application on a first-come, first-served basis.(c) (1) A program grant awarded pursuant to this section shall be deemed to satisfy a civil money judgment for COVID-19 rental debt that is the subject of the application with respect to which the grant was awarded.(2) (A) A landlord who obtains a program grant pursuant to this section shall comply with Sections 724.030 and 724.040 of the Code of Civil Procedure and is subject to Section 724.050 of the Code of Civil Procedure.(B) An attorney who successfully obtains an order pursuant to subdivision (d) of Section 724.050 of the Code of Civil Procedure on behalf of a judgment debtor whose civil money judgment for COVID-19 rental debt was satisfied by a program grant pursuant to this section shall be entitled, in addition to any other available remedies, to a reasonable attorneys fees award of not less than five hundred dollars ($500) and not more than one thousand dollars ($1000).(3) A program grant awarded pursuant to this section shall be accompanied by a written statement informing the landlord of the landlords legal responsibilities and potential liability under paragraph (2). | |
| 191 | 140 | ||
| 192 | 141 | ||
| 193 | 142 | ||
| 194 | 143 | 50897.10. (a) The COVID-19 Tenancy Grant Program is hereby created under the administration of the department. | |
| 195 | 144 | ||
| 196 | - | (b) | |
| 145 | + | (b) The department shall award a program grant to a qualified applicant who submits a complete application on a first-come, first-served basis. | |
| 197 | 146 | ||
| 198 | - | ( | |
| 147 | + | (c) (1) A program grant awarded pursuant to this section shall be deemed to satisfy a civil money judgment for COVID-19 rental debt that is the subject of the application with respect to which the grant was awarded. | |
| 199 | 148 | ||
| 200 | - | ( | |
| 149 | + | (2) (A) A landlord who obtains a program grant pursuant to this section shall comply with Sections 724.030 and 724.040 of the Code of Civil Procedure and is subject to Section 724.050 of the Code of Civil Procedure. | |
| 201 | 150 | ||
| 202 | - | ( | |
| 151 | + | (B) An attorney who successfully obtains an order pursuant to subdivision (d) of Section 724.050 of the Code of Civil Procedure on behalf of a judgment debtor whose civil money judgment for COVID-19 rental debt was satisfied by a program grant pursuant to this section shall be entitled, in addition to any other available remedies, to a reasonable attorneys fees award of not less than five hundred dollars ($500) and not more than one thousand dollars ($1000). | |
| 203 | 152 | ||
| 204 | - | (2) | |
| 153 | + | (3) A program grant awarded pursuant to this section shall be accompanied by a written statement informing the landlord of the landlords legal responsibilities and potential liability under paragraph (2). | |
| 154 | + | ||
| 155 | + | 50897.11. An application for a program grant submitted to the department shall meet include all of the following criteria: following:(a) A statement under penalty of perjury verifying all of the following:(1) That the landlord is a qualified applicant.(2) That the landlord acknowledges that a program grant will constitute full satisfaction of the tenants obligation to the landlord with respect to the COVID-19 rental debt.(3) That the amount requested in the application is the actual amount of COVID-19 rental debt owed by the tenant.(a)(b) The application shall include an explanation as to why the landlord is a qualified applicant and any of the following evidence, if applicable, supporting that explanation: evidence, as applicable:(1) Proof that a landlord applied to the State Rental Assistance Program.(2) Proof of a final decision rendered by the State Rental Assistance Program.(3) A copy of a civil judgment against the tenant.(b)The application shall include a statement, signed under penalty of perjury, by the landlord attesting to both of the following:(1)A program grant constitutes full satisfaction of the tenants obligation to the landlord with respect to the COVID-19 rental debt.(2)The amount requested in the application is the actual amount of COVID-19 rental debt owed by the tenant.(c) An agreement, signed by the landlord, not to terminate any tenancy for which the landlord is seeking a grant award except on the basis of an at-fault just cause, as defined in paragraph (1) of subdivision (b) of Section 1946.2 of the Civil Code, for a period of ___ years commencing on the date of the application. | |
| 205 | 156 | ||
| 206 | 157 | ||
| 207 | 158 | ||
| 208 | - | (3) (A) A landlord who obtains a program grant pursuant to this section shall comply with Sections 724.030 and 724.040 of the Code of Civil Procedure and is subject to Section 724.050 of the Code of Civil Procedure. Procedure if a judgment is not satisfied pursuant to paragraph (2). | |
| 209 | - | ||
| 210 | - | (B) An attorney who successfully obtains an order pursuant to subdivision (d) of Section 724.050 of the Code of Civil Procedure on behalf of a judgment debtor whose civil money judgment for COVID-19 rental debt was satisfied by a program grant pursuant to this section shall be entitled, in addition to any other available remedies, to a reasonable attorneys fees award of not less than five hundred dollars ($500) and not more than one thousand dollars ($1000). | |
| 211 | - | ||
| 212 | - | (4) When a program grant is awarded pursuant to this section, the landlord shall cease all reporting to any consumer reporting agency, as that term is defined under of Title 15 of the United States Code Section 1681a regarding the tenants unpaid COVID-19 rental debt. | |
| 213 | - | ||
| 214 | - | (3) | |
| 215 | - | ||
| 216 | - | ||
| 217 | - | ||
| 218 | - | (5) A program grant awarded pursuant to this section shall be accompanied by a written statement informing the landlord of the landlords legal responsibilities and potential liability under paragraph (2). (3). | |
| 219 | - | ||
| 220 | - | (6) A statement pursuant to paragraph (4) of subdivision (a) of Section 50897.11 does not diminish any existing tenant protections that apply to the tenancy, including, but not limited to, just cause eviction protections under state or local law. | |
| 221 | - | ||
| 222 | - | 50897.11. An application for a program grant submitted to the department shall include all of the following:(a) A statement under penalty of perjury verifying all of the following:(1) That the landlord is a qualified applicant.(2) That the landlord acknowledges that a program grant will constitute full satisfaction of the tenants obligation to the landlord with respect to the all COVID-19 rental debt. debt, unless the landlord returns the amount of the program grant pursuant to Section 50897.12.(3) That the amount requested in the application is the actual amount of COVID-19 rental debt owed by the tenant.(4) (i) That the landlord agrees, unless the landlord returns the amount of a program grant pursuant to Section 50897.12, not to terminate any tenancy for which the landlord is seeking a grant award except on the basis of an at-fault just cause, as defined in paragraph (1) of subdivision (b) of Section 1946.2 of the Civil Code, for a period of two years commencing on the date of the application.(ii) That the landlord further agrees, unless the landlord returns the amount of a program grant pursuant to Section 50897.12, to require, as a condition of any voluntary transfer of an ownership interest in the property, whether for consideration or otherwise, that the transferee also agrees to be bound by the requirement of clause (i) for the remainder of the two year period after the transfer is completed.(b) The following evidence, as applicable:(1) Proof that a landlord applied to the State Rental Assistance Program.(2) Proof of a final decision rendered by the State Rental Assistance Program.(3) (A) A copy of a any civil judgment obtained by the landlord against the tenant. tenant for COVID-19 rental debt.(c)An agreement, signed by the landlord, not to terminate any tenancy for which the landlord is seeking a grant award except on the basis of an at-fault just cause, as defined in paragraph (1) of subdivision (b) of Section 1946.2 of the Civil Code, for a period of ___ years commencing on the date of the application.(c) For each civil judgment described in paragraph (3) of subdivision (b), a fully executed Acknowledgment of Satisfaction of Judgment on Judicial Council Form EJ-100. | |
| 223 | - | ||
| 224 | - | ||
| 225 | - | ||
| 226 | - | 50897.11. An application for a program grant submitted to the department shall include all of the following: | |
| 159 | + | 50897.11. An application for a program grant submitted to the department shall meet include all of the following criteria: following: | |
| 227 | 160 | ||
| 228 | 161 | (a) A statement under penalty of perjury verifying all of the following: | |
| 229 | 162 | ||
| 230 | 163 | (1) That the landlord is a qualified applicant. | |
| 231 | 164 | ||
| 232 | - | (2) That the landlord acknowledges that a program grant will constitute full satisfaction of the tenants obligation to the landlord with respect to the | |
| 165 | + | (2) That the landlord acknowledges that a program grant will constitute full satisfaction of the tenants obligation to the landlord with respect to the COVID-19 rental debt. | |
| 233 | 166 | ||
| 234 | 167 | (3) That the amount requested in the application is the actual amount of COVID-19 rental debt owed by the tenant. | |
| 235 | 168 | ||
| 236 | - | ( | |
| 169 | + | (a) | |
| 237 | 170 | ||
| 238 | - | (ii) That the landlord further agrees, unless the landlord returns the amount of a program grant pursuant to Section 50897.12, to require, as a condition of any voluntary transfer of an ownership interest in the property, whether for consideration or otherwise, that the transferee also agrees to be bound by the requirement of clause (i) for the remainder of the two year period after the transfer is completed. | |
| 239 | 171 | ||
| 240 | - | (b) The following evidence, as applicable: | |
| 172 | + | ||
| 173 | + | (b) The application shall include an explanation as to why the landlord is a qualified applicant and any of the following evidence, if applicable, supporting that explanation: evidence, as applicable: | |
| 241 | 174 | ||
| 242 | 175 | (1) Proof that a landlord applied to the State Rental Assistance Program. | |
| 243 | 176 | ||
| 244 | 177 | (2) Proof of a final decision rendered by the State Rental Assistance Program. | |
| 245 | 178 | ||
| 246 | - | (3) (A) A copy of a any civil judgment obtained by the landlord against the tenant. tenant for COVID-19 rental debt. | |
| 179 | + | (3) A copy of a civil judgment against the tenant. | |
| 180 | + | ||
| 181 | + | (b)The application shall include a statement, signed under penalty of perjury, by the landlord attesting to both of the following: | |
| 182 | + | ||
| 183 | + | ||
| 184 | + | ||
| 185 | + | (1)A program grant constitutes full satisfaction of the tenants obligation to the landlord with respect to the COVID-19 rental debt. | |
| 186 | + | ||
| 187 | + | ||
| 188 | + | ||
| 189 | + | (2)The amount requested in the application is the actual amount of COVID-19 rental debt owed by the tenant. | |
| 190 | + | ||
| 191 | + | ||
| 247 | 192 | ||
| 248 | 193 | (c) An agreement, signed by the landlord, not to terminate any tenancy for which the landlord is seeking a grant award except on the basis of an at-fault just cause, as defined in paragraph (1) of subdivision (b) of Section 1946.2 of the Civil Code, for a period of ___ years commencing on the date of the application. | |
| 249 | 194 | ||
| 250 | - | ||
| 251 | - | ||
| 252 | - | (c) For each civil judgment described in paragraph (3) of subdivision (b), a fully executed Acknowledgment of Satisfaction of Judgment on Judicial Council Form EJ-100. | |
| 253 | - | ||
| 254 | - | 50897.12. (a) A landlord who receives a program grant pursuant to this chapter shall return the amount of that grant to the department if the landlord receives money from the State Rental Assistance Program for the tenant and property for which the program grant was awarded.(b) A landlord who returns the amount of a program grant pursuant to this section shall not be subject to the provisions of this chapter. | |
| 195 | + | 50897.12. A landlord who receives a program grant pursuant to this chapter shall return the amount of that grant to the department if the landlord receives money from the State Rental Assistance Program for the tenant and property for which the program grant was awarded. | |
| 255 | 196 | ||
| 256 | 197 | ||
| 257 | 198 | ||
| 258 | - | 50897.12. (a) A landlord who receives a program grant pursuant to this chapter shall return the amount of that grant to the department if the landlord receives money from the State Rental Assistance Program for the tenant and property for which the program grant was awarded. | |
| 259 | - | ||
| 260 | - | (b) A landlord who returns the amount of a program grant pursuant to this section shall not be subject to the provisions of this chapter. | |
| 199 | + | 50897.12. A landlord who receives a program grant pursuant to this chapter shall return the amount of that grant to the department if the landlord receives money from the State Rental Assistance Program for the tenant and property for which the program grant was awarded. | |
| 261 | 200 | ||
| 262 | 201 | 50897.13. (a) The COVID-19 Tenancy Grant Program Fund is hereby established within the Treasury.(b) Moneys in the fund shall be available, upon appropriation by the Legislature, for the purpose of awarding program grants to qualified applicants pursuant to this chapter. | |
| 263 | 202 | ||
| 264 | 203 | ||
| 265 | 204 | ||
| 266 | 205 | 50897.13. (a) The COVID-19 Tenancy Grant Program Fund is hereby established within the Treasury. | |
| 267 | 206 | ||
| 268 | 207 | (b) Moneys in the fund shall be available, upon appropriation by the Legislature, for the purpose of awarding program grants to qualified applicants pursuant to this chapter. | |
| 269 | 208 | ||
| 270 | 209 | 50897.14. (a) The department may adopt, amend, and repeal rules, guidelines, or procedures necessary to administer the provisions of this chapter.(b) The adoption, amendment, or repeal of rules, guidelines, or procedures authorized by this subdivision are exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). | |
| 271 | 210 | ||
| 272 | 211 | ||
| 273 | 212 | ||
| 274 | 213 | 50897.14. (a) The department may adopt, amend, and repeal rules, guidelines, or procedures necessary to administer the provisions of this chapter. | |
| 275 | 214 | ||
| 276 | 215 | (b) The adoption, amendment, or repeal of rules, guidelines, or procedures authorized by this subdivision are exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). | |
| 277 | 216 | ||
| 278 | 217 | 50897.15. This chapter shall remain in effect until January 1, 2025, and as of that date is repealed. | |
| 279 | 218 | ||
| 280 | 219 | ||
| 281 | 220 | ||
| 282 | 221 | 50897.15. This chapter shall remain in effect until January 1, 2025, and as of that date is repealed. | |
| 283 | 222 | ||
| 284 | 223 | SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
| 285 | 224 | ||
| 286 | 225 | SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
| 287 | 226 | ||
| 288 | 227 | SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
| 289 | 228 | ||
| 290 | 229 | ### SEC. 3. |