California 2023 2023-2024 Regular Session

California Assembly Bill AB2531 Introduced / Bill

Filed 02/13/2024

                    CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2531Introduced by Assembly Member BryanFebruary 13, 2024 An act to amend Section 1940.2 of the Civil Code, relating to tenancy. LEGISLATIVE COUNSEL'S DIGESTAB 2531, as introduced, Bryan. Tenancy.Existing law regulates the hiring of property, including residential tenancies. Existing law prohibits certain actions by a landlord intended to influence a tenant to vacate a dwelling, including, among other prohibited acts, by threatening to disclose information regarding or relating to the tenants immigration or citizenship status.This bill would make nonsubstantive changes to this provision.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1940.2 of the Civil Code is amended to read:1940.2. (a) It is unlawful for a landlord to do any of the following for the purpose of influencing a tenant to vacate a dwelling:(1) Engage in conduct that violates subdivision (a) of Section 484 of the Penal Code.(2) Engage in conduct that violates Section 518 of the Penal Code.(3) Use, or threaten to use, force, willful threats, or menacing conduct constituting a course of conduct that interferes with the tenants quiet enjoyment of the premises in violation of Section 1927 that would create an apprehension of harm in a reasonable person. Nothing in this This paragraph requires does not require a tenant to be actually or constructively evicted in order to obtain relief.(4) Commit a significant and intentional violation of Section 1954.(5) Threaten to disclose information regarding or relating to the immigration or citizenship status of a tenant, occupant, or other person known to the landlord to be associated with a tenant or occupant. This paragraph does not require a tenant to be actually or constructively evicted in order to obtain relief.(b) A tenant who prevails in a civil action, including an action in small claims court, to enforce his or her the tenants rights under this section is entitled to a civil penalty in an amount not to exceed two thousand dollars ($2,000) for each violation.(c) An oral or written warning notice, given in good faith, regarding conduct by a tenant, occupant, or guest that violates, may violate, or violated the applicable rental agreement, rules, regulations, lease, or laws, is not a violation of this section. An oral or written explanation of the rental agreement, rules, regulations, lease, or laws given in the normal course of business is not a violation of this section.(d) This section does not enlarge or diminish a landlords right to terminate a tenancy pursuant to existing state or local law; nor does this section enlarge or diminish any ability of local government to regulate or enforce a prohibition against a landlords harassment of a tenant.

 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2531Introduced by Assembly Member BryanFebruary 13, 2024 An act to amend Section 1940.2 of the Civil Code, relating to tenancy. LEGISLATIVE COUNSEL'S DIGESTAB 2531, as introduced, Bryan. Tenancy.Existing law regulates the hiring of property, including residential tenancies. Existing law prohibits certain actions by a landlord intended to influence a tenant to vacate a dwelling, including, among other prohibited acts, by threatening to disclose information regarding or relating to the tenants immigration or citizenship status.This bill would make nonsubstantive changes to this provision.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO 





 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION

 Assembly Bill 

No. 2531

Introduced by Assembly Member BryanFebruary 13, 2024

Introduced by Assembly Member Bryan
February 13, 2024

 An act to amend Section 1940.2 of the Civil Code, relating to tenancy. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 2531, as introduced, Bryan. Tenancy.

Existing law regulates the hiring of property, including residential tenancies. Existing law prohibits certain actions by a landlord intended to influence a tenant to vacate a dwelling, including, among other prohibited acts, by threatening to disclose information regarding or relating to the tenants immigration or citizenship status.This bill would make nonsubstantive changes to this provision.

Existing law regulates the hiring of property, including residential tenancies. Existing law prohibits certain actions by a landlord intended to influence a tenant to vacate a dwelling, including, among other prohibited acts, by threatening to disclose information regarding or relating to the tenants immigration or citizenship status.

This bill would make nonsubstantive changes to this provision.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 1940.2 of the Civil Code is amended to read:1940.2. (a) It is unlawful for a landlord to do any of the following for the purpose of influencing a tenant to vacate a dwelling:(1) Engage in conduct that violates subdivision (a) of Section 484 of the Penal Code.(2) Engage in conduct that violates Section 518 of the Penal Code.(3) Use, or threaten to use, force, willful threats, or menacing conduct constituting a course of conduct that interferes with the tenants quiet enjoyment of the premises in violation of Section 1927 that would create an apprehension of harm in a reasonable person. Nothing in this This paragraph requires does not require a tenant to be actually or constructively evicted in order to obtain relief.(4) Commit a significant and intentional violation of Section 1954.(5) Threaten to disclose information regarding or relating to the immigration or citizenship status of a tenant, occupant, or other person known to the landlord to be associated with a tenant or occupant. This paragraph does not require a tenant to be actually or constructively evicted in order to obtain relief.(b) A tenant who prevails in a civil action, including an action in small claims court, to enforce his or her the tenants rights under this section is entitled to a civil penalty in an amount not to exceed two thousand dollars ($2,000) for each violation.(c) An oral or written warning notice, given in good faith, regarding conduct by a tenant, occupant, or guest that violates, may violate, or violated the applicable rental agreement, rules, regulations, lease, or laws, is not a violation of this section. An oral or written explanation of the rental agreement, rules, regulations, lease, or laws given in the normal course of business is not a violation of this section.(d) This section does not enlarge or diminish a landlords right to terminate a tenancy pursuant to existing state or local law; nor does this section enlarge or diminish any ability of local government to regulate or enforce a prohibition against a landlords harassment of a tenant.

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 1940.2 of the Civil Code is amended to read:1940.2. (a) It is unlawful for a landlord to do any of the following for the purpose of influencing a tenant to vacate a dwelling:(1) Engage in conduct that violates subdivision (a) of Section 484 of the Penal Code.(2) Engage in conduct that violates Section 518 of the Penal Code.(3) Use, or threaten to use, force, willful threats, or menacing conduct constituting a course of conduct that interferes with the tenants quiet enjoyment of the premises in violation of Section 1927 that would create an apprehension of harm in a reasonable person. Nothing in this This paragraph requires does not require a tenant to be actually or constructively evicted in order to obtain relief.(4) Commit a significant and intentional violation of Section 1954.(5) Threaten to disclose information regarding or relating to the immigration or citizenship status of a tenant, occupant, or other person known to the landlord to be associated with a tenant or occupant. This paragraph does not require a tenant to be actually or constructively evicted in order to obtain relief.(b) A tenant who prevails in a civil action, including an action in small claims court, to enforce his or her the tenants rights under this section is entitled to a civil penalty in an amount not to exceed two thousand dollars ($2,000) for each violation.(c) An oral or written warning notice, given in good faith, regarding conduct by a tenant, occupant, or guest that violates, may violate, or violated the applicable rental agreement, rules, regulations, lease, or laws, is not a violation of this section. An oral or written explanation of the rental agreement, rules, regulations, lease, or laws given in the normal course of business is not a violation of this section.(d) This section does not enlarge or diminish a landlords right to terminate a tenancy pursuant to existing state or local law; nor does this section enlarge or diminish any ability of local government to regulate or enforce a prohibition against a landlords harassment of a tenant.

SECTION 1. Section 1940.2 of the Civil Code is amended to read:

### SECTION 1.

1940.2. (a) It is unlawful for a landlord to do any of the following for the purpose of influencing a tenant to vacate a dwelling:(1) Engage in conduct that violates subdivision (a) of Section 484 of the Penal Code.(2) Engage in conduct that violates Section 518 of the Penal Code.(3) Use, or threaten to use, force, willful threats, or menacing conduct constituting a course of conduct that interferes with the tenants quiet enjoyment of the premises in violation of Section 1927 that would create an apprehension of harm in a reasonable person. Nothing in this This paragraph requires does not require a tenant to be actually or constructively evicted in order to obtain relief.(4) Commit a significant and intentional violation of Section 1954.(5) Threaten to disclose information regarding or relating to the immigration or citizenship status of a tenant, occupant, or other person known to the landlord to be associated with a tenant or occupant. This paragraph does not require a tenant to be actually or constructively evicted in order to obtain relief.(b) A tenant who prevails in a civil action, including an action in small claims court, to enforce his or her the tenants rights under this section is entitled to a civil penalty in an amount not to exceed two thousand dollars ($2,000) for each violation.(c) An oral or written warning notice, given in good faith, regarding conduct by a tenant, occupant, or guest that violates, may violate, or violated the applicable rental agreement, rules, regulations, lease, or laws, is not a violation of this section. An oral or written explanation of the rental agreement, rules, regulations, lease, or laws given in the normal course of business is not a violation of this section.(d) This section does not enlarge or diminish a landlords right to terminate a tenancy pursuant to existing state or local law; nor does this section enlarge or diminish any ability of local government to regulate or enforce a prohibition against a landlords harassment of a tenant.

1940.2. (a) It is unlawful for a landlord to do any of the following for the purpose of influencing a tenant to vacate a dwelling:(1) Engage in conduct that violates subdivision (a) of Section 484 of the Penal Code.(2) Engage in conduct that violates Section 518 of the Penal Code.(3) Use, or threaten to use, force, willful threats, or menacing conduct constituting a course of conduct that interferes with the tenants quiet enjoyment of the premises in violation of Section 1927 that would create an apprehension of harm in a reasonable person. Nothing in this This paragraph requires does not require a tenant to be actually or constructively evicted in order to obtain relief.(4) Commit a significant and intentional violation of Section 1954.(5) Threaten to disclose information regarding or relating to the immigration or citizenship status of a tenant, occupant, or other person known to the landlord to be associated with a tenant or occupant. This paragraph does not require a tenant to be actually or constructively evicted in order to obtain relief.(b) A tenant who prevails in a civil action, including an action in small claims court, to enforce his or her the tenants rights under this section is entitled to a civil penalty in an amount not to exceed two thousand dollars ($2,000) for each violation.(c) An oral or written warning notice, given in good faith, regarding conduct by a tenant, occupant, or guest that violates, may violate, or violated the applicable rental agreement, rules, regulations, lease, or laws, is not a violation of this section. An oral or written explanation of the rental agreement, rules, regulations, lease, or laws given in the normal course of business is not a violation of this section.(d) This section does not enlarge or diminish a landlords right to terminate a tenancy pursuant to existing state or local law; nor does this section enlarge or diminish any ability of local government to regulate or enforce a prohibition against a landlords harassment of a tenant.

1940.2. (a) It is unlawful for a landlord to do any of the following for the purpose of influencing a tenant to vacate a dwelling:(1) Engage in conduct that violates subdivision (a) of Section 484 of the Penal Code.(2) Engage in conduct that violates Section 518 of the Penal Code.(3) Use, or threaten to use, force, willful threats, or menacing conduct constituting a course of conduct that interferes with the tenants quiet enjoyment of the premises in violation of Section 1927 that would create an apprehension of harm in a reasonable person. Nothing in this This paragraph requires does not require a tenant to be actually or constructively evicted in order to obtain relief.(4) Commit a significant and intentional violation of Section 1954.(5) Threaten to disclose information regarding or relating to the immigration or citizenship status of a tenant, occupant, or other person known to the landlord to be associated with a tenant or occupant. This paragraph does not require a tenant to be actually or constructively evicted in order to obtain relief.(b) A tenant who prevails in a civil action, including an action in small claims court, to enforce his or her the tenants rights under this section is entitled to a civil penalty in an amount not to exceed two thousand dollars ($2,000) for each violation.(c) An oral or written warning notice, given in good faith, regarding conduct by a tenant, occupant, or guest that violates, may violate, or violated the applicable rental agreement, rules, regulations, lease, or laws, is not a violation of this section. An oral or written explanation of the rental agreement, rules, regulations, lease, or laws given in the normal course of business is not a violation of this section.(d) This section does not enlarge or diminish a landlords right to terminate a tenancy pursuant to existing state or local law; nor does this section enlarge or diminish any ability of local government to regulate or enforce a prohibition against a landlords harassment of a tenant.



1940.2. (a) It is unlawful for a landlord to do any of the following for the purpose of influencing a tenant to vacate a dwelling:

(1) Engage in conduct that violates subdivision (a) of Section 484 of the Penal Code.

(2) Engage in conduct that violates Section 518 of the Penal Code.

(3) Use, or threaten to use, force, willful threats, or menacing conduct constituting a course of conduct that interferes with the tenants quiet enjoyment of the premises in violation of Section 1927 that would create an apprehension of harm in a reasonable person. Nothing in this This paragraph requires does not require a tenant to be actually or constructively evicted in order to obtain relief.

(4) Commit a significant and intentional violation of Section 1954.

(5) Threaten to disclose information regarding or relating to the immigration or citizenship status of a tenant, occupant, or other person known to the landlord to be associated with a tenant or occupant. This paragraph does not require a tenant to be actually or constructively evicted in order to obtain relief.

(b) A tenant who prevails in a civil action, including an action in small claims court, to enforce his or her the tenants rights under this section is entitled to a civil penalty in an amount not to exceed two thousand dollars ($2,000) for each violation.

(c) An oral or written warning notice, given in good faith, regarding conduct by a tenant, occupant, or guest that violates, may violate, or violated the applicable rental agreement, rules, regulations, lease, or laws, is not a violation of this section. An oral or written explanation of the rental agreement, rules, regulations, lease, or laws given in the normal course of business is not a violation of this section.

(d) This section does not enlarge or diminish a landlords right to terminate a tenancy pursuant to existing state or local law; nor does this section enlarge or diminish any ability of local government to regulate or enforce a prohibition against a landlords harassment of a tenant.