Amended IN Assembly April 10, 2024 Amended IN Assembly March 11, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2747Introduced by Assembly Member HaneyFebruary 15, 2024An act to add Section 1954.07 to the Civil Code, relating to tenancy.LEGISLATIVE COUNSEL'S DIGESTAB 2747, as amended, Haney. Tenancy: credit reporting.Existing law, the Consumer Credit Reporting Agencies Act, defines and regulates consumer credit reports and consumer credit reporting agencies. Existing law, until July 1, 2025, requires a landlord of an assisted housing development to offer tenants obligated on the lease of units in the development the option of having their rental payments reported to at least one consumer reporting agency, as specified. Existing law authorizes a landlord to charge a tenant that elects to have rent reported a $10 fee and prescribes requirements regarding how the offer of rent reporting is to be made.This bill would require a lessor landlord of a dwelling unit of residential real property to report the lessees to offer tenants obligated on a lease the option of having their positive rental payment information reported to at least one nationwide consumer reporting agency, as specified. The bill would authorize a lessee to opt out, or opt back in after opting out, of this positive rent reporting at any time, as specified. The bill would require the lessor to provide a notice containing certain information at the time of execution of a rental agreement and at the time of execution of a renewal or extension of a rental agreement. The bill would specify that for leases entered into on and after January 1, 2025, the offer of rent reporting shall be made at the time of the lease agreement and at least once annually thereafter, and for leases outstanding as of January 1, 2025, the offer of rent reporting shall be made no later than March 1, 2025, and at least once annually thereafter. The bill would authorize a tenant to request, and require a landlord to provide, additional copies of the written election of rent reporting form at any time and establish that a tenant who elects to have rent reported as described in these provisions may subsequently file a written request to stop that reporting with which the landlord shall comply, provided that, in this case, the bill would prohibit the tenant from electing rent reporting again for at least 6 months. The bill would authorize a landlord to charge a tenant that elects to have rent reported the lesser of $10 per month or the actual cost to the landlord to provide the service, unless the landlord does not incur any actual cost to provide rent reporting. The bill would prohibit a landlord from taking certain actions if a tenant fails to pay the landlords rent reporting charge. The bill would exempt from these provisions a landlord of a residential rental building that contains 15 or fewer dwelling units, unless specified conditions are met.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 1954.07 is added to the Civil Code, to read:1954.07. (a) Except as provided As specified in subdivision (b), a lessor and except as provided in subdivision (i), any landlord of a dwelling unit of residential real property shall report the lessees offer the tenant or tenants obligated on the lease the option of having their positive rental payment information reported to at least one nationwide consumer reporting agency that meets the definition in Section 603(p) of the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681a(p)) or any other consumer reporting agency that meets the definition in Section 603(f) of the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681a(f)) as long as the consumer reporting agency resells or otherwise furnishes rental payment information to a nationwide consumer reporting agency that meets the definition in Section 603(p) of the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681a(p)).(b)(1)A lessee may opt out of the positive rent reporting required by subdivision (a) at any time by providing the lessor with a written request to opt out.(2)If a lessee has opted out of the positive rent reporting pursuant to paragraph (1), the lessee may opt in to the positive rent reporting at any time by providing the lessor with a written request to opt in.(c)At the time of execution of a rental agreement, and at the time of execution of a renewal or extension of a rental agreement, a lessor of a dwelling unit of residential real property shall provide the lessee with a separate written notice containing all of the following:(1)A description of the positive rent reporting required by subdivision (a).(2)Notice that the lessee may opt out of the positive rent reporting.(3)A signature block that the lessee may date and sign if the lessee elects to opt out of the positive rent reporting.(4)Notice that the lessee may opt out of the positive rent reporting at any time by providing the lessor with a written request to opt out.(5)Notice that, if the lessee has opted out of the positive rent reporting, the lessee may opt in to the positive rent reporting at any time by providing the lessor with a written request to opt in.(d)A lessor shall not charge a lessee a fee for complying with this section.(b) For leases entered into on and after January 1, 2025, the offer of rent reporting shall be made at the time of the lease agreement and at least once annually thereafter. For leases outstanding as of January 1, 2025, the offer of rent reporting shall be made no later than March 1, 2025, and at least once annually thereafter.(c) The offer of rent reporting shall include a written election of rent reporting that contains all of the following:(1) A statement that reporting of the tenants rental payment information is optional.(2) Identification of each consumer reporting agency to which positive rental payment information will be reported.(3) The amount of any fee charged pursuant to subdivision (f).(4) Instructions on how to submit the written election of rent reporting to the landlord by mail.(5) A statement that the tenant may opt into rent reporting at any time following the initial offer by the landlord.(6) A statement that the tenant may elect to stop rent reporting at any time, but that they will not be able to resume rent reporting for at least six months after their election to opt out.(7) Instructions on how to opt out of reporting rental payment information.(8) A signature block that the tenant shall date and sign in order to accept the offer of rent reporting.(d) When the offer of rent reporting is made, the landlord shall provide the tenant with a self-addressed, stamped envelope to return the written election of rent reporting.(e) A tenant may submit their completed written election of rent reporting at any time after they receive the offer of rent reporting from the landlord. A tenant may request and shall obtain additional copies of the written election of rent reporting form from the landlord at any time.(f) If a tenant elects to have that tenants positive rental payments reported to a consumer reporting agency under subdivision (a), the landlord may require that tenant to pay a fee not to exceed the lesser of the actual cost to the landlord to provide the service or ten dollars ($10) per month. If the landlord does not incur any actual cost to provide rent reporting, no amount shall be charged from the tenant. The payment or nonpayment of this fee by the tenant shall not be reported to a consumer reporting agency.(g) If a tenant fails to pay any fee required by the landlord pursuant to subdivision (f), all of the following shall apply:(1) The failure to pay the fee shall not be cause for termination of the tenancy, whether pursuant to Section 1161 of the Code of Civil Procedure or otherwise.(2) The landlord shall not deduct the unpaid fee from the tenants security deposit.(3) If the fee remains unpaid for 30 days or more, the landlord may stop reporting the tenants rental payments and the tenant shall be unable to elect rent reporting again for a period of six months from the date on which the fee first became due.(h) A tenant who elects to have positive rent reported as described in subdivision (a) may subsequently file a written request with their landlord to stop that reporting with which the landlord shall comply. A tenant who elects to stop reporting shall not be allowed to elect rent reporting again for a period of at least six months from the date of the tenants written request to stop reporting.(i) This section shall not apply to any landlord of a residential rental building that contains 15 or fewer dwelling units, unless both of the following apply:(1) The landlord owns more than one residential rental building, regardless of the number of units in each building.(2) The landlord is one of the following:(A) A real estate investment trust, as defined in Section 856 of Title 26 of the United States Code.(B) A corporation.(C) A limited liability company in which at least one member is a corporation.
Amended IN Assembly April 10, 2024 Amended IN Assembly March 11, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2747Introduced by Assembly Member HaneyFebruary 15, 2024An act to add Section 1954.07 to the Civil Code, relating to tenancy.LEGISLATIVE COUNSEL'S DIGESTAB 2747, as amended, Haney. Tenancy: credit reporting.Existing law, the Consumer Credit Reporting Agencies Act, defines and regulates consumer credit reports and consumer credit reporting agencies. Existing law, until July 1, 2025, requires a landlord of an assisted housing development to offer tenants obligated on the lease of units in the development the option of having their rental payments reported to at least one consumer reporting agency, as specified. Existing law authorizes a landlord to charge a tenant that elects to have rent reported a $10 fee and prescribes requirements regarding how the offer of rent reporting is to be made.This bill would require a lessor landlord of a dwelling unit of residential real property to report the lessees to offer tenants obligated on a lease the option of having their positive rental payment information reported to at least one nationwide consumer reporting agency, as specified. The bill would authorize a lessee to opt out, or opt back in after opting out, of this positive rent reporting at any time, as specified. The bill would require the lessor to provide a notice containing certain information at the time of execution of a rental agreement and at the time of execution of a renewal or extension of a rental agreement. The bill would specify that for leases entered into on and after January 1, 2025, the offer of rent reporting shall be made at the time of the lease agreement and at least once annually thereafter, and for leases outstanding as of January 1, 2025, the offer of rent reporting shall be made no later than March 1, 2025, and at least once annually thereafter. The bill would authorize a tenant to request, and require a landlord to provide, additional copies of the written election of rent reporting form at any time and establish that a tenant who elects to have rent reported as described in these provisions may subsequently file a written request to stop that reporting with which the landlord shall comply, provided that, in this case, the bill would prohibit the tenant from electing rent reporting again for at least 6 months. The bill would authorize a landlord to charge a tenant that elects to have rent reported the lesser of $10 per month or the actual cost to the landlord to provide the service, unless the landlord does not incur any actual cost to provide rent reporting. The bill would prohibit a landlord from taking certain actions if a tenant fails to pay the landlords rent reporting charge. The bill would exempt from these provisions a landlord of a residential rental building that contains 15 or fewer dwelling units, unless specified conditions are met.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Amended IN Assembly April 10, 2024 Amended IN Assembly March 11, 2024
Amended IN Assembly April 10, 2024
Amended IN Assembly March 11, 2024
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 2747
Introduced by Assembly Member HaneyFebruary 15, 2024
Introduced by Assembly Member Haney
February 15, 2024
An act to add Section 1954.07 to the Civil Code, relating to tenancy.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2747, as amended, Haney. Tenancy: credit reporting.
Existing law, the Consumer Credit Reporting Agencies Act, defines and regulates consumer credit reports and consumer credit reporting agencies. Existing law, until July 1, 2025, requires a landlord of an assisted housing development to offer tenants obligated on the lease of units in the development the option of having their rental payments reported to at least one consumer reporting agency, as specified. Existing law authorizes a landlord to charge a tenant that elects to have rent reported a $10 fee and prescribes requirements regarding how the offer of rent reporting is to be made.This bill would require a lessor landlord of a dwelling unit of residential real property to report the lessees to offer tenants obligated on a lease the option of having their positive rental payment information reported to at least one nationwide consumer reporting agency, as specified. The bill would authorize a lessee to opt out, or opt back in after opting out, of this positive rent reporting at any time, as specified. The bill would require the lessor to provide a notice containing certain information at the time of execution of a rental agreement and at the time of execution of a renewal or extension of a rental agreement. The bill would specify that for leases entered into on and after January 1, 2025, the offer of rent reporting shall be made at the time of the lease agreement and at least once annually thereafter, and for leases outstanding as of January 1, 2025, the offer of rent reporting shall be made no later than March 1, 2025, and at least once annually thereafter. The bill would authorize a tenant to request, and require a landlord to provide, additional copies of the written election of rent reporting form at any time and establish that a tenant who elects to have rent reported as described in these provisions may subsequently file a written request to stop that reporting with which the landlord shall comply, provided that, in this case, the bill would prohibit the tenant from electing rent reporting again for at least 6 months. The bill would authorize a landlord to charge a tenant that elects to have rent reported the lesser of $10 per month or the actual cost to the landlord to provide the service, unless the landlord does not incur any actual cost to provide rent reporting. The bill would prohibit a landlord from taking certain actions if a tenant fails to pay the landlords rent reporting charge. The bill would exempt from these provisions a landlord of a residential rental building that contains 15 or fewer dwelling units, unless specified conditions are met.
Existing law, the Consumer Credit Reporting Agencies Act, defines and regulates consumer credit reports and consumer credit reporting agencies. Existing law, until July 1, 2025, requires a landlord of an assisted housing development to offer tenants obligated on the lease of units in the development the option of having their rental payments reported to at least one consumer reporting agency, as specified. Existing law authorizes a landlord to charge a tenant that elects to have rent reported a $10 fee and prescribes requirements regarding how the offer of rent reporting is to be made.
This bill would require a lessor landlord of a dwelling unit of residential real property to report the lessees to offer tenants obligated on a lease the option of having their positive rental payment information reported to at least one nationwide consumer reporting agency, as specified. The bill would authorize a lessee to opt out, or opt back in after opting out, of this positive rent reporting at any time, as specified. The bill would require the lessor to provide a notice containing certain information at the time of execution of a rental agreement and at the time of execution of a renewal or extension of a rental agreement. The bill would specify that for leases entered into on and after January 1, 2025, the offer of rent reporting shall be made at the time of the lease agreement and at least once annually thereafter, and for leases outstanding as of January 1, 2025, the offer of rent reporting shall be made no later than March 1, 2025, and at least once annually thereafter. The bill would authorize a tenant to request, and require a landlord to provide, additional copies of the written election of rent reporting form at any time and establish that a tenant who elects to have rent reported as described in these provisions may subsequently file a written request to stop that reporting with which the landlord shall comply, provided that, in this case, the bill would prohibit the tenant from electing rent reporting again for at least 6 months. The bill would authorize a landlord to charge a tenant that elects to have rent reported the lesser of $10 per month or the actual cost to the landlord to provide the service, unless the landlord does not incur any actual cost to provide rent reporting. The bill would prohibit a landlord from taking certain actions if a tenant fails to pay the landlords rent reporting charge. The bill would exempt from these provisions a landlord of a residential rental building that contains 15 or fewer dwelling units, unless specified conditions are met.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 1954.07 is added to the Civil Code, to read:1954.07. (a) Except as provided As specified in subdivision (b), a lessor and except as provided in subdivision (i), any landlord of a dwelling unit of residential real property shall report the lessees offer the tenant or tenants obligated on the lease the option of having their positive rental payment information reported to at least one nationwide consumer reporting agency that meets the definition in Section 603(p) of the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681a(p)) or any other consumer reporting agency that meets the definition in Section 603(f) of the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681a(f)) as long as the consumer reporting agency resells or otherwise furnishes rental payment information to a nationwide consumer reporting agency that meets the definition in Section 603(p) of the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681a(p)).(b)(1)A lessee may opt out of the positive rent reporting required by subdivision (a) at any time by providing the lessor with a written request to opt out.(2)If a lessee has opted out of the positive rent reporting pursuant to paragraph (1), the lessee may opt in to the positive rent reporting at any time by providing the lessor with a written request to opt in.(c)At the time of execution of a rental agreement, and at the time of execution of a renewal or extension of a rental agreement, a lessor of a dwelling unit of residential real property shall provide the lessee with a separate written notice containing all of the following:(1)A description of the positive rent reporting required by subdivision (a).(2)Notice that the lessee may opt out of the positive rent reporting.(3)A signature block that the lessee may date and sign if the lessee elects to opt out of the positive rent reporting.(4)Notice that the lessee may opt out of the positive rent reporting at any time by providing the lessor with a written request to opt out.(5)Notice that, if the lessee has opted out of the positive rent reporting, the lessee may opt in to the positive rent reporting at any time by providing the lessor with a written request to opt in.(d)A lessor shall not charge a lessee a fee for complying with this section.(b) For leases entered into on and after January 1, 2025, the offer of rent reporting shall be made at the time of the lease agreement and at least once annually thereafter. For leases outstanding as of January 1, 2025, the offer of rent reporting shall be made no later than March 1, 2025, and at least once annually thereafter.(c) The offer of rent reporting shall include a written election of rent reporting that contains all of the following:(1) A statement that reporting of the tenants rental payment information is optional.(2) Identification of each consumer reporting agency to which positive rental payment information will be reported.(3) The amount of any fee charged pursuant to subdivision (f).(4) Instructions on how to submit the written election of rent reporting to the landlord by mail.(5) A statement that the tenant may opt into rent reporting at any time following the initial offer by the landlord.(6) A statement that the tenant may elect to stop rent reporting at any time, but that they will not be able to resume rent reporting for at least six months after their election to opt out.(7) Instructions on how to opt out of reporting rental payment information.(8) A signature block that the tenant shall date and sign in order to accept the offer of rent reporting.(d) When the offer of rent reporting is made, the landlord shall provide the tenant with a self-addressed, stamped envelope to return the written election of rent reporting.(e) A tenant may submit their completed written election of rent reporting at any time after they receive the offer of rent reporting from the landlord. A tenant may request and shall obtain additional copies of the written election of rent reporting form from the landlord at any time.(f) If a tenant elects to have that tenants positive rental payments reported to a consumer reporting agency under subdivision (a), the landlord may require that tenant to pay a fee not to exceed the lesser of the actual cost to the landlord to provide the service or ten dollars ($10) per month. If the landlord does not incur any actual cost to provide rent reporting, no amount shall be charged from the tenant. The payment or nonpayment of this fee by the tenant shall not be reported to a consumer reporting agency.(g) If a tenant fails to pay any fee required by the landlord pursuant to subdivision (f), all of the following shall apply:(1) The failure to pay the fee shall not be cause for termination of the tenancy, whether pursuant to Section 1161 of the Code of Civil Procedure or otherwise.(2) The landlord shall not deduct the unpaid fee from the tenants security deposit.(3) If the fee remains unpaid for 30 days or more, the landlord may stop reporting the tenants rental payments and the tenant shall be unable to elect rent reporting again for a period of six months from the date on which the fee first became due.(h) A tenant who elects to have positive rent reported as described in subdivision (a) may subsequently file a written request with their landlord to stop that reporting with which the landlord shall comply. A tenant who elects to stop reporting shall not be allowed to elect rent reporting again for a period of at least six months from the date of the tenants written request to stop reporting.(i) This section shall not apply to any landlord of a residential rental building that contains 15 or fewer dwelling units, unless both of the following apply:(1) The landlord owns more than one residential rental building, regardless of the number of units in each building.(2) The landlord is one of the following:(A) A real estate investment trust, as defined in Section 856 of Title 26 of the United States Code.(B) A corporation.(C) A limited liability company in which at least one member is a corporation.
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 1954.07 is added to the Civil Code, to read:1954.07. (a) Except as provided As specified in subdivision (b), a lessor and except as provided in subdivision (i), any landlord of a dwelling unit of residential real property shall report the lessees offer the tenant or tenants obligated on the lease the option of having their positive rental payment information reported to at least one nationwide consumer reporting agency that meets the definition in Section 603(p) of the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681a(p)) or any other consumer reporting agency that meets the definition in Section 603(f) of the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681a(f)) as long as the consumer reporting agency resells or otherwise furnishes rental payment information to a nationwide consumer reporting agency that meets the definition in Section 603(p) of the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681a(p)).(b)(1)A lessee may opt out of the positive rent reporting required by subdivision (a) at any time by providing the lessor with a written request to opt out.(2)If a lessee has opted out of the positive rent reporting pursuant to paragraph (1), the lessee may opt in to the positive rent reporting at any time by providing the lessor with a written request to opt in.(c)At the time of execution of a rental agreement, and at the time of execution of a renewal or extension of a rental agreement, a lessor of a dwelling unit of residential real property shall provide the lessee with a separate written notice containing all of the following:(1)A description of the positive rent reporting required by subdivision (a).(2)Notice that the lessee may opt out of the positive rent reporting.(3)A signature block that the lessee may date and sign if the lessee elects to opt out of the positive rent reporting.(4)Notice that the lessee may opt out of the positive rent reporting at any time by providing the lessor with a written request to opt out.(5)Notice that, if the lessee has opted out of the positive rent reporting, the lessee may opt in to the positive rent reporting at any time by providing the lessor with a written request to opt in.(d)A lessor shall not charge a lessee a fee for complying with this section.(b) For leases entered into on and after January 1, 2025, the offer of rent reporting shall be made at the time of the lease agreement and at least once annually thereafter. For leases outstanding as of January 1, 2025, the offer of rent reporting shall be made no later than March 1, 2025, and at least once annually thereafter.(c) The offer of rent reporting shall include a written election of rent reporting that contains all of the following:(1) A statement that reporting of the tenants rental payment information is optional.(2) Identification of each consumer reporting agency to which positive rental payment information will be reported.(3) The amount of any fee charged pursuant to subdivision (f).(4) Instructions on how to submit the written election of rent reporting to the landlord by mail.(5) A statement that the tenant may opt into rent reporting at any time following the initial offer by the landlord.(6) A statement that the tenant may elect to stop rent reporting at any time, but that they will not be able to resume rent reporting for at least six months after their election to opt out.(7) Instructions on how to opt out of reporting rental payment information.(8) A signature block that the tenant shall date and sign in order to accept the offer of rent reporting.(d) When the offer of rent reporting is made, the landlord shall provide the tenant with a self-addressed, stamped envelope to return the written election of rent reporting.(e) A tenant may submit their completed written election of rent reporting at any time after they receive the offer of rent reporting from the landlord. A tenant may request and shall obtain additional copies of the written election of rent reporting form from the landlord at any time.(f) If a tenant elects to have that tenants positive rental payments reported to a consumer reporting agency under subdivision (a), the landlord may require that tenant to pay a fee not to exceed the lesser of the actual cost to the landlord to provide the service or ten dollars ($10) per month. If the landlord does not incur any actual cost to provide rent reporting, no amount shall be charged from the tenant. The payment or nonpayment of this fee by the tenant shall not be reported to a consumer reporting agency.(g) If a tenant fails to pay any fee required by the landlord pursuant to subdivision (f), all of the following shall apply:(1) The failure to pay the fee shall not be cause for termination of the tenancy, whether pursuant to Section 1161 of the Code of Civil Procedure or otherwise.(2) The landlord shall not deduct the unpaid fee from the tenants security deposit.(3) If the fee remains unpaid for 30 days or more, the landlord may stop reporting the tenants rental payments and the tenant shall be unable to elect rent reporting again for a period of six months from the date on which the fee first became due.(h) A tenant who elects to have positive rent reported as described in subdivision (a) may subsequently file a written request with their landlord to stop that reporting with which the landlord shall comply. A tenant who elects to stop reporting shall not be allowed to elect rent reporting again for a period of at least six months from the date of the tenants written request to stop reporting.(i) This section shall not apply to any landlord of a residential rental building that contains 15 or fewer dwelling units, unless both of the following apply:(1) The landlord owns more than one residential rental building, regardless of the number of units in each building.(2) The landlord is one of the following:(A) A real estate investment trust, as defined in Section 856 of Title 26 of the United States Code.(B) A corporation.(C) A limited liability company in which at least one member is a corporation.
SECTION 1. Section 1954.07 is added to the Civil Code, to read:
### SECTION 1.
1954.07. (a) Except as provided As specified in subdivision (b), a lessor and except as provided in subdivision (i), any landlord of a dwelling unit of residential real property shall report the lessees offer the tenant or tenants obligated on the lease the option of having their positive rental payment information reported to at least one nationwide consumer reporting agency that meets the definition in Section 603(p) of the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681a(p)) or any other consumer reporting agency that meets the definition in Section 603(f) of the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681a(f)) as long as the consumer reporting agency resells or otherwise furnishes rental payment information to a nationwide consumer reporting agency that meets the definition in Section 603(p) of the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681a(p)).(b)(1)A lessee may opt out of the positive rent reporting required by subdivision (a) at any time by providing the lessor with a written request to opt out.(2)If a lessee has opted out of the positive rent reporting pursuant to paragraph (1), the lessee may opt in to the positive rent reporting at any time by providing the lessor with a written request to opt in.(c)At the time of execution of a rental agreement, and at the time of execution of a renewal or extension of a rental agreement, a lessor of a dwelling unit of residential real property shall provide the lessee with a separate written notice containing all of the following:(1)A description of the positive rent reporting required by subdivision (a).(2)Notice that the lessee may opt out of the positive rent reporting.(3)A signature block that the lessee may date and sign if the lessee elects to opt out of the positive rent reporting.(4)Notice that the lessee may opt out of the positive rent reporting at any time by providing the lessor with a written request to opt out.(5)Notice that, if the lessee has opted out of the positive rent reporting, the lessee may opt in to the positive rent reporting at any time by providing the lessor with a written request to opt in.(d)A lessor shall not charge a lessee a fee for complying with this section.(b) For leases entered into on and after January 1, 2025, the offer of rent reporting shall be made at the time of the lease agreement and at least once annually thereafter. For leases outstanding as of January 1, 2025, the offer of rent reporting shall be made no later than March 1, 2025, and at least once annually thereafter.(c) The offer of rent reporting shall include a written election of rent reporting that contains all of the following:(1) A statement that reporting of the tenants rental payment information is optional.(2) Identification of each consumer reporting agency to which positive rental payment information will be reported.(3) The amount of any fee charged pursuant to subdivision (f).(4) Instructions on how to submit the written election of rent reporting to the landlord by mail.(5) A statement that the tenant may opt into rent reporting at any time following the initial offer by the landlord.(6) A statement that the tenant may elect to stop rent reporting at any time, but that they will not be able to resume rent reporting for at least six months after their election to opt out.(7) Instructions on how to opt out of reporting rental payment information.(8) A signature block that the tenant shall date and sign in order to accept the offer of rent reporting.(d) When the offer of rent reporting is made, the landlord shall provide the tenant with a self-addressed, stamped envelope to return the written election of rent reporting.(e) A tenant may submit their completed written election of rent reporting at any time after they receive the offer of rent reporting from the landlord. A tenant may request and shall obtain additional copies of the written election of rent reporting form from the landlord at any time.(f) If a tenant elects to have that tenants positive rental payments reported to a consumer reporting agency under subdivision (a), the landlord may require that tenant to pay a fee not to exceed the lesser of the actual cost to the landlord to provide the service or ten dollars ($10) per month. If the landlord does not incur any actual cost to provide rent reporting, no amount shall be charged from the tenant. The payment or nonpayment of this fee by the tenant shall not be reported to a consumer reporting agency.(g) If a tenant fails to pay any fee required by the landlord pursuant to subdivision (f), all of the following shall apply:(1) The failure to pay the fee shall not be cause for termination of the tenancy, whether pursuant to Section 1161 of the Code of Civil Procedure or otherwise.(2) The landlord shall not deduct the unpaid fee from the tenants security deposit.(3) If the fee remains unpaid for 30 days or more, the landlord may stop reporting the tenants rental payments and the tenant shall be unable to elect rent reporting again for a period of six months from the date on which the fee first became due.(h) A tenant who elects to have positive rent reported as described in subdivision (a) may subsequently file a written request with their landlord to stop that reporting with which the landlord shall comply. A tenant who elects to stop reporting shall not be allowed to elect rent reporting again for a period of at least six months from the date of the tenants written request to stop reporting.(i) This section shall not apply to any landlord of a residential rental building that contains 15 or fewer dwelling units, unless both of the following apply:(1) The landlord owns more than one residential rental building, regardless of the number of units in each building.(2) The landlord is one of the following:(A) A real estate investment trust, as defined in Section 856 of Title 26 of the United States Code.(B) A corporation.(C) A limited liability company in which at least one member is a corporation.
1954.07. (a) Except as provided As specified in subdivision (b), a lessor and except as provided in subdivision (i), any landlord of a dwelling unit of residential real property shall report the lessees offer the tenant or tenants obligated on the lease the option of having their positive rental payment information reported to at least one nationwide consumer reporting agency that meets the definition in Section 603(p) of the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681a(p)) or any other consumer reporting agency that meets the definition in Section 603(f) of the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681a(f)) as long as the consumer reporting agency resells or otherwise furnishes rental payment information to a nationwide consumer reporting agency that meets the definition in Section 603(p) of the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681a(p)).(b)(1)A lessee may opt out of the positive rent reporting required by subdivision (a) at any time by providing the lessor with a written request to opt out.(2)If a lessee has opted out of the positive rent reporting pursuant to paragraph (1), the lessee may opt in to the positive rent reporting at any time by providing the lessor with a written request to opt in.(c)At the time of execution of a rental agreement, and at the time of execution of a renewal or extension of a rental agreement, a lessor of a dwelling unit of residential real property shall provide the lessee with a separate written notice containing all of the following:(1)A description of the positive rent reporting required by subdivision (a).(2)Notice that the lessee may opt out of the positive rent reporting.(3)A signature block that the lessee may date and sign if the lessee elects to opt out of the positive rent reporting.(4)Notice that the lessee may opt out of the positive rent reporting at any time by providing the lessor with a written request to opt out.(5)Notice that, if the lessee has opted out of the positive rent reporting, the lessee may opt in to the positive rent reporting at any time by providing the lessor with a written request to opt in.(d)A lessor shall not charge a lessee a fee for complying with this section.(b) For leases entered into on and after January 1, 2025, the offer of rent reporting shall be made at the time of the lease agreement and at least once annually thereafter. For leases outstanding as of January 1, 2025, the offer of rent reporting shall be made no later than March 1, 2025, and at least once annually thereafter.(c) The offer of rent reporting shall include a written election of rent reporting that contains all of the following:(1) A statement that reporting of the tenants rental payment information is optional.(2) Identification of each consumer reporting agency to which positive rental payment information will be reported.(3) The amount of any fee charged pursuant to subdivision (f).(4) Instructions on how to submit the written election of rent reporting to the landlord by mail.(5) A statement that the tenant may opt into rent reporting at any time following the initial offer by the landlord.(6) A statement that the tenant may elect to stop rent reporting at any time, but that they will not be able to resume rent reporting for at least six months after their election to opt out.(7) Instructions on how to opt out of reporting rental payment information.(8) A signature block that the tenant shall date and sign in order to accept the offer of rent reporting.(d) When the offer of rent reporting is made, the landlord shall provide the tenant with a self-addressed, stamped envelope to return the written election of rent reporting.(e) A tenant may submit their completed written election of rent reporting at any time after they receive the offer of rent reporting from the landlord. A tenant may request and shall obtain additional copies of the written election of rent reporting form from the landlord at any time.(f) If a tenant elects to have that tenants positive rental payments reported to a consumer reporting agency under subdivision (a), the landlord may require that tenant to pay a fee not to exceed the lesser of the actual cost to the landlord to provide the service or ten dollars ($10) per month. If the landlord does not incur any actual cost to provide rent reporting, no amount shall be charged from the tenant. The payment or nonpayment of this fee by the tenant shall not be reported to a consumer reporting agency.(g) If a tenant fails to pay any fee required by the landlord pursuant to subdivision (f), all of the following shall apply:(1) The failure to pay the fee shall not be cause for termination of the tenancy, whether pursuant to Section 1161 of the Code of Civil Procedure or otherwise.(2) The landlord shall not deduct the unpaid fee from the tenants security deposit.(3) If the fee remains unpaid for 30 days or more, the landlord may stop reporting the tenants rental payments and the tenant shall be unable to elect rent reporting again for a period of six months from the date on which the fee first became due.(h) A tenant who elects to have positive rent reported as described in subdivision (a) may subsequently file a written request with their landlord to stop that reporting with which the landlord shall comply. A tenant who elects to stop reporting shall not be allowed to elect rent reporting again for a period of at least six months from the date of the tenants written request to stop reporting.(i) This section shall not apply to any landlord of a residential rental building that contains 15 or fewer dwelling units, unless both of the following apply:(1) The landlord owns more than one residential rental building, regardless of the number of units in each building.(2) The landlord is one of the following:(A) A real estate investment trust, as defined in Section 856 of Title 26 of the United States Code.(B) A corporation.(C) A limited liability company in which at least one member is a corporation.
1954.07. (a) Except as provided As specified in subdivision (b), a lessor and except as provided in subdivision (i), any landlord of a dwelling unit of residential real property shall report the lessees offer the tenant or tenants obligated on the lease the option of having their positive rental payment information reported to at least one nationwide consumer reporting agency that meets the definition in Section 603(p) of the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681a(p)) or any other consumer reporting agency that meets the definition in Section 603(f) of the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681a(f)) as long as the consumer reporting agency resells or otherwise furnishes rental payment information to a nationwide consumer reporting agency that meets the definition in Section 603(p) of the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681a(p)).(b)(1)A lessee may opt out of the positive rent reporting required by subdivision (a) at any time by providing the lessor with a written request to opt out.(2)If a lessee has opted out of the positive rent reporting pursuant to paragraph (1), the lessee may opt in to the positive rent reporting at any time by providing the lessor with a written request to opt in.(c)At the time of execution of a rental agreement, and at the time of execution of a renewal or extension of a rental agreement, a lessor of a dwelling unit of residential real property shall provide the lessee with a separate written notice containing all of the following:(1)A description of the positive rent reporting required by subdivision (a).(2)Notice that the lessee may opt out of the positive rent reporting.(3)A signature block that the lessee may date and sign if the lessee elects to opt out of the positive rent reporting.(4)Notice that the lessee may opt out of the positive rent reporting at any time by providing the lessor with a written request to opt out.(5)Notice that, if the lessee has opted out of the positive rent reporting, the lessee may opt in to the positive rent reporting at any time by providing the lessor with a written request to opt in.(d)A lessor shall not charge a lessee a fee for complying with this section.(b) For leases entered into on and after January 1, 2025, the offer of rent reporting shall be made at the time of the lease agreement and at least once annually thereafter. For leases outstanding as of January 1, 2025, the offer of rent reporting shall be made no later than March 1, 2025, and at least once annually thereafter.(c) The offer of rent reporting shall include a written election of rent reporting that contains all of the following:(1) A statement that reporting of the tenants rental payment information is optional.(2) Identification of each consumer reporting agency to which positive rental payment information will be reported.(3) The amount of any fee charged pursuant to subdivision (f).(4) Instructions on how to submit the written election of rent reporting to the landlord by mail.(5) A statement that the tenant may opt into rent reporting at any time following the initial offer by the landlord.(6) A statement that the tenant may elect to stop rent reporting at any time, but that they will not be able to resume rent reporting for at least six months after their election to opt out.(7) Instructions on how to opt out of reporting rental payment information.(8) A signature block that the tenant shall date and sign in order to accept the offer of rent reporting.(d) When the offer of rent reporting is made, the landlord shall provide the tenant with a self-addressed, stamped envelope to return the written election of rent reporting.(e) A tenant may submit their completed written election of rent reporting at any time after they receive the offer of rent reporting from the landlord. A tenant may request and shall obtain additional copies of the written election of rent reporting form from the landlord at any time.(f) If a tenant elects to have that tenants positive rental payments reported to a consumer reporting agency under subdivision (a), the landlord may require that tenant to pay a fee not to exceed the lesser of the actual cost to the landlord to provide the service or ten dollars ($10) per month. If the landlord does not incur any actual cost to provide rent reporting, no amount shall be charged from the tenant. The payment or nonpayment of this fee by the tenant shall not be reported to a consumer reporting agency.(g) If a tenant fails to pay any fee required by the landlord pursuant to subdivision (f), all of the following shall apply:(1) The failure to pay the fee shall not be cause for termination of the tenancy, whether pursuant to Section 1161 of the Code of Civil Procedure or otherwise.(2) The landlord shall not deduct the unpaid fee from the tenants security deposit.(3) If the fee remains unpaid for 30 days or more, the landlord may stop reporting the tenants rental payments and the tenant shall be unable to elect rent reporting again for a period of six months from the date on which the fee first became due.(h) A tenant who elects to have positive rent reported as described in subdivision (a) may subsequently file a written request with their landlord to stop that reporting with which the landlord shall comply. A tenant who elects to stop reporting shall not be allowed to elect rent reporting again for a period of at least six months from the date of the tenants written request to stop reporting.(i) This section shall not apply to any landlord of a residential rental building that contains 15 or fewer dwelling units, unless both of the following apply:(1) The landlord owns more than one residential rental building, regardless of the number of units in each building.(2) The landlord is one of the following:(A) A real estate investment trust, as defined in Section 856 of Title 26 of the United States Code.(B) A corporation.(C) A limited liability company in which at least one member is a corporation.
1954.07. (a) Except as provided As specified in subdivision (b), a lessor and except as provided in subdivision (i), any landlord of a dwelling unit of residential real property shall report the lessees offer the tenant or tenants obligated on the lease the option of having their positive rental payment information reported to at least one nationwide consumer reporting agency that meets the definition in Section 603(p) of the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681a(p)) or any other consumer reporting agency that meets the definition in Section 603(f) of the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681a(f)) as long as the consumer reporting agency resells or otherwise furnishes rental payment information to a nationwide consumer reporting agency that meets the definition in Section 603(p) of the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681a(p)).
(b)(1)A lessee may opt out of the positive rent reporting required by subdivision (a) at any time by providing the lessor with a written request to opt out.
(2)If a lessee has opted out of the positive rent reporting pursuant to paragraph (1), the lessee may opt in to the positive rent reporting at any time by providing the lessor with a written request to opt in.
(c)At the time of execution of a rental agreement, and at the time of execution of a renewal or extension of a rental agreement, a lessor of a dwelling unit of residential real property shall provide the lessee with a separate written notice containing all of the following:
(1)A description of the positive rent reporting required by subdivision (a).
(2)Notice that the lessee may opt out of the positive rent reporting.
(3)A signature block that the lessee may date and sign if the lessee elects to opt out of the positive rent reporting.
(4)Notice that the lessee may opt out of the positive rent reporting at any time by providing the lessor with a written request to opt out.
(5)Notice that, if the lessee has opted out of the positive rent reporting, the lessee may opt in to the positive rent reporting at any time by providing the lessor with a written request to opt in.
(d)A lessor shall not charge a lessee a fee for complying with this section.
(b) For leases entered into on and after January 1, 2025, the offer of rent reporting shall be made at the time of the lease agreement and at least once annually thereafter. For leases outstanding as of January 1, 2025, the offer of rent reporting shall be made no later than March 1, 2025, and at least once annually thereafter.
(c) The offer of rent reporting shall include a written election of rent reporting that contains all of the following:
(1) A statement that reporting of the tenants rental payment information is optional.
(2) Identification of each consumer reporting agency to which positive rental payment information will be reported.
(3) The amount of any fee charged pursuant to subdivision (f).
(4) Instructions on how to submit the written election of rent reporting to the landlord by mail.
(5) A statement that the tenant may opt into rent reporting at any time following the initial offer by the landlord.
(6) A statement that the tenant may elect to stop rent reporting at any time, but that they will not be able to resume rent reporting for at least six months after their election to opt out.
(7) Instructions on how to opt out of reporting rental payment information.
(8) A signature block that the tenant shall date and sign in order to accept the offer of rent reporting.
(d) When the offer of rent reporting is made, the landlord shall provide the tenant with a self-addressed, stamped envelope to return the written election of rent reporting.
(e) A tenant may submit their completed written election of rent reporting at any time after they receive the offer of rent reporting from the landlord. A tenant may request and shall obtain additional copies of the written election of rent reporting form from the landlord at any time.
(f) If a tenant elects to have that tenants positive rental payments reported to a consumer reporting agency under subdivision (a), the landlord may require that tenant to pay a fee not to exceed the lesser of the actual cost to the landlord to provide the service or ten dollars ($10) per month. If the landlord does not incur any actual cost to provide rent reporting, no amount shall be charged from the tenant. The payment or nonpayment of this fee by the tenant shall not be reported to a consumer reporting agency.
(g) If a tenant fails to pay any fee required by the landlord pursuant to subdivision (f), all of the following shall apply:
(1) The failure to pay the fee shall not be cause for termination of the tenancy, whether pursuant to Section 1161 of the Code of Civil Procedure or otherwise.
(2) The landlord shall not deduct the unpaid fee from the tenants security deposit.
(3) If the fee remains unpaid for 30 days or more, the landlord may stop reporting the tenants rental payments and the tenant shall be unable to elect rent reporting again for a period of six months from the date on which the fee first became due.
(h) A tenant who elects to have positive rent reported as described in subdivision (a) may subsequently file a written request with their landlord to stop that reporting with which the landlord shall comply. A tenant who elects to stop reporting shall not be allowed to elect rent reporting again for a period of at least six months from the date of the tenants written request to stop reporting.
(i) This section shall not apply to any landlord of a residential rental building that contains 15 or fewer dwelling units, unless both of the following apply:
(1) The landlord owns more than one residential rental building, regardless of the number of units in each building.
(2) The landlord is one of the following:
(A) A real estate investment trust, as defined in Section 856 of Title 26 of the United States Code.
(B) A corporation.
(C) A limited liability company in which at least one member is a corporation.