California 2023 2023-2024 Regular Session

California Senate Bill SB611 Amended / Bill

Filed 03/20/2023

                    Amended IN  Senate  March 20, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 611Introduced by Senator MenjivarFebruary 15, 2023 An act to amend Section 1798.18 of add Section 1950.2 to the Civil Code, relating to state government. tenancy.LEGISLATIVE COUNSEL'S DIGESTSB 611, as amended, Menjivar. Information Practices Act of 1977. Advertisement of residential rental properties.The False Advertising Law makes it a crime for a person or a firm, corporation, or association, or any employee thereof, to engage in specified false or misleading advertising practices. The Unfair Competition Law makes various unfair competition practices unlawful, including any unlawful, unfair, or fraudulent business act or practice and unfair, deceptive, untrue, or misleading advertising.The Consumers Legal Remedies Act makes unlawful certain unfair methods of competition and certain unfair or deceptive acts or practices undertaken by a person in a transaction intended to result or that results in the sale or lease of goods or services to a consumer, including advertising goods or services with intent not to sell them as advertised.Existing law regulates the hiring of real property and imposes various requirements on landlords relating to the application for, and leasing of, residential rental property.This bill would require landlords or their agents who advertise or provide a quote for residential property for rent and who include a specific or range of monthly rent rates to include specified information in the monthly rate. The bill would require the advertisement to include specified information if a payment, fee, deposit, or charge is required to be paid prior to, or at the beginning of, the tenancy. The bill would authorize the advertisement or quote to state the ongoing monthly rate after the tenant pays all one-time payments, fees, deposits, and charges.The Information Practices Act of 1977 requires a state agency, as defined, to maintain all records, to the maximum extent possible, with accuracy, relevance, timeliness, and completeness, subject to a specified condition.This bill would make nonsubstantive changes to those provisions.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1950.2 is added to the Civil Code, to read:1950.2. (a) Every landlord or its agent who advertises or provides a quote for a residential property for rent and who includes a specific or range of monthly rent rates shall include in the monthly rate any and all payments, fees, deposits, or charges required to be paid monthly.(b) If a payment, fee, deposit, or charge is required to be paid prior to, or at the beginning of, the tenancy, then an advertisement described in subdivision (a) shall include the total amount of the first month of paid rent and any and all payments, fees, deposits or charges, including, but not limited to, an application fee, processing fee, and security deposit, required to be paid by the tenant.(c) In addition to the rate required to be stated by subdivision (a), an advertisement or quote described in subdivision (a) may state separately the ongoing monthly rate after the tenant pays all one-time payments, fees, deposits, and charges.SECTION 1.Section 1798.18 of the Civil Code is amended to read:1798.18.An agency shall maintain all records, to the maximum extent possible, with accuracy, relevance, timeliness, and completeness.That standard need not be met except when those records are used to make a determination about the individual. When an agency transfers a record outside of state government, it shall correct, update, withhold, or delete any portion of the record that it knows or has reason to believe is inaccurate or untimely.

 Amended IN  Senate  March 20, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 611Introduced by Senator MenjivarFebruary 15, 2023 An act to amend Section 1798.18 of add Section 1950.2 to the Civil Code, relating to state government. tenancy.LEGISLATIVE COUNSEL'S DIGESTSB 611, as amended, Menjivar. Information Practices Act of 1977. Advertisement of residential rental properties.The False Advertising Law makes it a crime for a person or a firm, corporation, or association, or any employee thereof, to engage in specified false or misleading advertising practices. The Unfair Competition Law makes various unfair competition practices unlawful, including any unlawful, unfair, or fraudulent business act or practice and unfair, deceptive, untrue, or misleading advertising.The Consumers Legal Remedies Act makes unlawful certain unfair methods of competition and certain unfair or deceptive acts or practices undertaken by a person in a transaction intended to result or that results in the sale or lease of goods or services to a consumer, including advertising goods or services with intent not to sell them as advertised.Existing law regulates the hiring of real property and imposes various requirements on landlords relating to the application for, and leasing of, residential rental property.This bill would require landlords or their agents who advertise or provide a quote for residential property for rent and who include a specific or range of monthly rent rates to include specified information in the monthly rate. The bill would require the advertisement to include specified information if a payment, fee, deposit, or charge is required to be paid prior to, or at the beginning of, the tenancy. The bill would authorize the advertisement or quote to state the ongoing monthly rate after the tenant pays all one-time payments, fees, deposits, and charges.The Information Practices Act of 1977 requires a state agency, as defined, to maintain all records, to the maximum extent possible, with accuracy, relevance, timeliness, and completeness, subject to a specified condition.This bill would make nonsubstantive changes to those provisions.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO 

 Amended IN  Senate  March 20, 2023

Amended IN  Senate  March 20, 2023

 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION

 Senate Bill 

No. 611

Introduced by Senator MenjivarFebruary 15, 2023

Introduced by Senator Menjivar
February 15, 2023

 An act to amend Section 1798.18 of add Section 1950.2 to the Civil Code, relating to state government. tenancy.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

SB 611, as amended, Menjivar. Information Practices Act of 1977. Advertisement of residential rental properties.

The False Advertising Law makes it a crime for a person or a firm, corporation, or association, or any employee thereof, to engage in specified false or misleading advertising practices. The Unfair Competition Law makes various unfair competition practices unlawful, including any unlawful, unfair, or fraudulent business act or practice and unfair, deceptive, untrue, or misleading advertising.The Consumers Legal Remedies Act makes unlawful certain unfair methods of competition and certain unfair or deceptive acts or practices undertaken by a person in a transaction intended to result or that results in the sale or lease of goods or services to a consumer, including advertising goods or services with intent not to sell them as advertised.Existing law regulates the hiring of real property and imposes various requirements on landlords relating to the application for, and leasing of, residential rental property.This bill would require landlords or their agents who advertise or provide a quote for residential property for rent and who include a specific or range of monthly rent rates to include specified information in the monthly rate. The bill would require the advertisement to include specified information if a payment, fee, deposit, or charge is required to be paid prior to, or at the beginning of, the tenancy. The bill would authorize the advertisement or quote to state the ongoing monthly rate after the tenant pays all one-time payments, fees, deposits, and charges.The Information Practices Act of 1977 requires a state agency, as defined, to maintain all records, to the maximum extent possible, with accuracy, relevance, timeliness, and completeness, subject to a specified condition.This bill would make nonsubstantive changes to those provisions.

The False Advertising Law makes it a crime for a person or a firm, corporation, or association, or any employee thereof, to engage in specified false or misleading advertising practices. The Unfair Competition Law makes various unfair competition practices unlawful, including any unlawful, unfair, or fraudulent business act or practice and unfair, deceptive, untrue, or misleading advertising.

The Consumers Legal Remedies Act makes unlawful certain unfair methods of competition and certain unfair or deceptive acts or practices undertaken by a person in a transaction intended to result or that results in the sale or lease of goods or services to a consumer, including advertising goods or services with intent not to sell them as advertised.

Existing law regulates the hiring of real property and imposes various requirements on landlords relating to the application for, and leasing of, residential rental property.

This bill would require landlords or their agents who advertise or provide a quote for residential property for rent and who include a specific or range of monthly rent rates to include specified information in the monthly rate. The bill would require the advertisement to include specified information if a payment, fee, deposit, or charge is required to be paid prior to, or at the beginning of, the tenancy. The bill would authorize the advertisement or quote to state the ongoing monthly rate after the tenant pays all one-time payments, fees, deposits, and charges.

The Information Practices Act of 1977 requires a state agency, as defined, to maintain all records, to the maximum extent possible, with accuracy, relevance, timeliness, and completeness, subject to a specified condition.



This bill would make nonsubstantive changes to those provisions.



## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 1950.2 is added to the Civil Code, to read:1950.2. (a) Every landlord or its agent who advertises or provides a quote for a residential property for rent and who includes a specific or range of monthly rent rates shall include in the monthly rate any and all payments, fees, deposits, or charges required to be paid monthly.(b) If a payment, fee, deposit, or charge is required to be paid prior to, or at the beginning of, the tenancy, then an advertisement described in subdivision (a) shall include the total amount of the first month of paid rent and any and all payments, fees, deposits or charges, including, but not limited to, an application fee, processing fee, and security deposit, required to be paid by the tenant.(c) In addition to the rate required to be stated by subdivision (a), an advertisement or quote described in subdivision (a) may state separately the ongoing monthly rate after the tenant pays all one-time payments, fees, deposits, and charges.SECTION 1.Section 1798.18 of the Civil Code is amended to read:1798.18.An agency shall maintain all records, to the maximum extent possible, with accuracy, relevance, timeliness, and completeness.That standard need not be met except when those records are used to make a determination about the individual. When an agency transfers a record outside of state government, it shall correct, update, withhold, or delete any portion of the record that it knows or has reason to believe is inaccurate or untimely.

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 1950.2 is added to the Civil Code, to read:1950.2. (a) Every landlord or its agent who advertises or provides a quote for a residential property for rent and who includes a specific or range of monthly rent rates shall include in the monthly rate any and all payments, fees, deposits, or charges required to be paid monthly.(b) If a payment, fee, deposit, or charge is required to be paid prior to, or at the beginning of, the tenancy, then an advertisement described in subdivision (a) shall include the total amount of the first month of paid rent and any and all payments, fees, deposits or charges, including, but not limited to, an application fee, processing fee, and security deposit, required to be paid by the tenant.(c) In addition to the rate required to be stated by subdivision (a), an advertisement or quote described in subdivision (a) may state separately the ongoing monthly rate after the tenant pays all one-time payments, fees, deposits, and charges.

SECTION 1. Section 1950.2 is added to the Civil Code, to read:

### SECTION 1.

1950.2. (a) Every landlord or its agent who advertises or provides a quote for a residential property for rent and who includes a specific or range of monthly rent rates shall include in the monthly rate any and all payments, fees, deposits, or charges required to be paid monthly.(b) If a payment, fee, deposit, or charge is required to be paid prior to, or at the beginning of, the tenancy, then an advertisement described in subdivision (a) shall include the total amount of the first month of paid rent and any and all payments, fees, deposits or charges, including, but not limited to, an application fee, processing fee, and security deposit, required to be paid by the tenant.(c) In addition to the rate required to be stated by subdivision (a), an advertisement or quote described in subdivision (a) may state separately the ongoing monthly rate after the tenant pays all one-time payments, fees, deposits, and charges.

1950.2. (a) Every landlord or its agent who advertises or provides a quote for a residential property for rent and who includes a specific or range of monthly rent rates shall include in the monthly rate any and all payments, fees, deposits, or charges required to be paid monthly.(b) If a payment, fee, deposit, or charge is required to be paid prior to, or at the beginning of, the tenancy, then an advertisement described in subdivision (a) shall include the total amount of the first month of paid rent and any and all payments, fees, deposits or charges, including, but not limited to, an application fee, processing fee, and security deposit, required to be paid by the tenant.(c) In addition to the rate required to be stated by subdivision (a), an advertisement or quote described in subdivision (a) may state separately the ongoing monthly rate after the tenant pays all one-time payments, fees, deposits, and charges.

1950.2. (a) Every landlord or its agent who advertises or provides a quote for a residential property for rent and who includes a specific or range of monthly rent rates shall include in the monthly rate any and all payments, fees, deposits, or charges required to be paid monthly.(b) If a payment, fee, deposit, or charge is required to be paid prior to, or at the beginning of, the tenancy, then an advertisement described in subdivision (a) shall include the total amount of the first month of paid rent and any and all payments, fees, deposits or charges, including, but not limited to, an application fee, processing fee, and security deposit, required to be paid by the tenant.(c) In addition to the rate required to be stated by subdivision (a), an advertisement or quote described in subdivision (a) may state separately the ongoing monthly rate after the tenant pays all one-time payments, fees, deposits, and charges.



1950.2. (a) Every landlord or its agent who advertises or provides a quote for a residential property for rent and who includes a specific or range of monthly rent rates shall include in the monthly rate any and all payments, fees, deposits, or charges required to be paid monthly.

(b) If a payment, fee, deposit, or charge is required to be paid prior to, or at the beginning of, the tenancy, then an advertisement described in subdivision (a) shall include the total amount of the first month of paid rent and any and all payments, fees, deposits or charges, including, but not limited to, an application fee, processing fee, and security deposit, required to be paid by the tenant.

(c) In addition to the rate required to be stated by subdivision (a), an advertisement or quote described in subdivision (a) may state separately the ongoing monthly rate after the tenant pays all one-time payments, fees, deposits, and charges.





An agency shall maintain all records, to the maximum extent possible, with accuracy, relevance, timeliness, and completeness.



That standard need not be met except when those records are used to make a determination about the individual. When an agency transfers a record outside of state government, it shall correct, update, withhold, or delete any portion of the record that it knows or has reason to believe is inaccurate or untimely.