California 2025-2026 Regular Session

California Assembly Bill AB299 Latest Draft

Bill / Amended Version Filed 03/04/2025

                            Amended IN  Assembly  March 04, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 299Introduced by Assembly Members Gabriel and RivasJanuary 23, 2025 An act to add and repeal Section 1954.079 to of the Civil Code, relating to tenancy, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGESTAB 299, as amended, Gabriel. Motels, hotels, and short-term lodging: Los Angeles County: wildfires. disasters.Existing law regulates the terms and conditions of tenancies and defines the term persons who hire for the purpose of regulating residential tenancies. Existing law excludes from these provisions occupancy at a hotel or motel if certain conditions are met, including that the occupancy is for a period of 30 days or less, as specified.Existing law establishes a procedure, known as an unlawful detainer action, that a landlord must follow in order to evict a tenant.Under this bill, the continued occupancy of a guest of a motel, hotel, or short-term lodging, as defined, would not constitute a new tenancy and the guest would not be considered a person who hires for purposes of an unlawful detainer action, if the guest is living in the motel, hotel, or short-term lodging as a result of losing their residence in a wildfire in the County of Los Angeles. prior housing being damaged, destroyed, or otherwise made uninhabitable by a disaster, as defined. The bill would repeal these provisions on January 1, 2031.This bill would declare that it is to take effect immediately as an urgency statute.This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Los Angeles.Digest Key Vote: 2/3  Appropriation: NO  Fiscal Committee: NO  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1954.079 is added to the Civil Code, to read:1954.079. A (a) For purposes of this section:(1) Disaster means an event or circumstance that results in a state of disaster or emergency declared by the federal government or a state of emergency proclaimed by the Governor pursuant to Section 8625 of the Government Code.(2) Lodging means any of the following:(A) A motel.(B) A hotel.(C) A property that meets either of the following conditions:(i) If a local government had a registration, licensure, or similar requirement for short-term lodgings on the date the disaster was declared or proclaimed, the property met that requirement on that date.(ii) If a local government did not have a registration, licensure, or similar requirement for short-term lodgings on the date the disaster was declared or proclaimed, the property met the definition of short-term lodging, as defined in Section 17568.8 of the Business and Professions Code, on that date.(b) A guest of a motel, hotel, or short-term lodging, as defined in paragraph (3) of subdivision (c) of Section 17568.8 of the Business and Professions Code, lodging shall not have their continued occupancy constitute a new tenancy and shall not be considered a person who hires pursuant to Section 1940 for the purposes of Section 1161 of the Code of Civil Procedure, if the guest is living in the motel, hotel, or short-term lodging as a result of losing their residence in a wildfire in the County of Los Angeles. their prior housing being damaged, destroyed, or otherwise made uninhabitable by a disaster.(c) If a guest who is subject to this section and has been residing in a lodging for more than 30 days, the lodging shall provide a notice to the guest at least 72 hours before requiring the guest to vacate the lodging.(d) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:To avert economic and social harm as a result of wildfires in the County of Los Angeles.SEC. 3.The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances facing the County of Los Angeles due to extreme wildfires beginning in January 2025, which have resulted in the loss thousands of homes and displacement of more than 100,000 residents.

 Amended IN  Assembly  March 04, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 299Introduced by Assembly Members Gabriel and RivasJanuary 23, 2025 An act to add and repeal Section 1954.079 to of the Civil Code, relating to tenancy, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGESTAB 299, as amended, Gabriel. Motels, hotels, and short-term lodging: Los Angeles County: wildfires. disasters.Existing law regulates the terms and conditions of tenancies and defines the term persons who hire for the purpose of regulating residential tenancies. Existing law excludes from these provisions occupancy at a hotel or motel if certain conditions are met, including that the occupancy is for a period of 30 days or less, as specified.Existing law establishes a procedure, known as an unlawful detainer action, that a landlord must follow in order to evict a tenant.Under this bill, the continued occupancy of a guest of a motel, hotel, or short-term lodging, as defined, would not constitute a new tenancy and the guest would not be considered a person who hires for purposes of an unlawful detainer action, if the guest is living in the motel, hotel, or short-term lodging as a result of losing their residence in a wildfire in the County of Los Angeles. prior housing being damaged, destroyed, or otherwise made uninhabitable by a disaster, as defined. The bill would repeal these provisions on January 1, 2031.This bill would declare that it is to take effect immediately as an urgency statute.This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Los Angeles.Digest Key Vote: 2/3  Appropriation: NO  Fiscal Committee: NO  Local Program: NO 

 Amended IN  Assembly  March 04, 2025

Amended IN  Assembly  March 04, 2025

 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION

 Assembly Bill 

No. 299

Introduced by Assembly Members Gabriel and RivasJanuary 23, 2025

Introduced by Assembly Members Gabriel and Rivas
January 23, 2025

 An act to add and repeal Section 1954.079 to of the Civil Code, relating to tenancy, and declaring the urgency thereof, to take effect immediately. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 299, as amended, Gabriel. Motels, hotels, and short-term lodging: Los Angeles County: wildfires. disasters.

Existing law regulates the terms and conditions of tenancies and defines the term persons who hire for the purpose of regulating residential tenancies. Existing law excludes from these provisions occupancy at a hotel or motel if certain conditions are met, including that the occupancy is for a period of 30 days or less, as specified.Existing law establishes a procedure, known as an unlawful detainer action, that a landlord must follow in order to evict a tenant.Under this bill, the continued occupancy of a guest of a motel, hotel, or short-term lodging, as defined, would not constitute a new tenancy and the guest would not be considered a person who hires for purposes of an unlawful detainer action, if the guest is living in the motel, hotel, or short-term lodging as a result of losing their residence in a wildfire in the County of Los Angeles. prior housing being damaged, destroyed, or otherwise made uninhabitable by a disaster, as defined. The bill would repeal these provisions on January 1, 2031.This bill would declare that it is to take effect immediately as an urgency statute.This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Los Angeles.

Existing law regulates the terms and conditions of tenancies and defines the term persons who hire for the purpose of regulating residential tenancies. Existing law excludes from these provisions occupancy at a hotel or motel if certain conditions are met, including that the occupancy is for a period of 30 days or less, as specified.

Existing law establishes a procedure, known as an unlawful detainer action, that a landlord must follow in order to evict a tenant.

Under this bill, the continued occupancy of a guest of a motel, hotel, or short-term lodging, as defined, would not constitute a new tenancy and the guest would not be considered a person who hires for purposes of an unlawful detainer action, if the guest is living in the motel, hotel, or short-term lodging as a result of losing their residence in a wildfire in the County of Los Angeles. prior housing being damaged, destroyed, or otherwise made uninhabitable by a disaster, as defined. The bill would repeal these provisions on January 1, 2031.

This bill would declare that it is to take effect immediately as an urgency statute.

This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Los Angeles.



## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 1954.079 is added to the Civil Code, to read:1954.079. A (a) For purposes of this section:(1) Disaster means an event or circumstance that results in a state of disaster or emergency declared by the federal government or a state of emergency proclaimed by the Governor pursuant to Section 8625 of the Government Code.(2) Lodging means any of the following:(A) A motel.(B) A hotel.(C) A property that meets either of the following conditions:(i) If a local government had a registration, licensure, or similar requirement for short-term lodgings on the date the disaster was declared or proclaimed, the property met that requirement on that date.(ii) If a local government did not have a registration, licensure, or similar requirement for short-term lodgings on the date the disaster was declared or proclaimed, the property met the definition of short-term lodging, as defined in Section 17568.8 of the Business and Professions Code, on that date.(b) A guest of a motel, hotel, or short-term lodging, as defined in paragraph (3) of subdivision (c) of Section 17568.8 of the Business and Professions Code, lodging shall not have their continued occupancy constitute a new tenancy and shall not be considered a person who hires pursuant to Section 1940 for the purposes of Section 1161 of the Code of Civil Procedure, if the guest is living in the motel, hotel, or short-term lodging as a result of losing their residence in a wildfire in the County of Los Angeles. their prior housing being damaged, destroyed, or otherwise made uninhabitable by a disaster.(c) If a guest who is subject to this section and has been residing in a lodging for more than 30 days, the lodging shall provide a notice to the guest at least 72 hours before requiring the guest to vacate the lodging.(d) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:To avert economic and social harm as a result of wildfires in the County of Los Angeles.SEC. 3.The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances facing the County of Los Angeles due to extreme wildfires beginning in January 2025, which have resulted in the loss thousands of homes and displacement of more than 100,000 residents.

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 1954.079 is added to the Civil Code, to read:1954.079. A (a) For purposes of this section:(1) Disaster means an event or circumstance that results in a state of disaster or emergency declared by the federal government or a state of emergency proclaimed by the Governor pursuant to Section 8625 of the Government Code.(2) Lodging means any of the following:(A) A motel.(B) A hotel.(C) A property that meets either of the following conditions:(i) If a local government had a registration, licensure, or similar requirement for short-term lodgings on the date the disaster was declared or proclaimed, the property met that requirement on that date.(ii) If a local government did not have a registration, licensure, or similar requirement for short-term lodgings on the date the disaster was declared or proclaimed, the property met the definition of short-term lodging, as defined in Section 17568.8 of the Business and Professions Code, on that date.(b) A guest of a motel, hotel, or short-term lodging, as defined in paragraph (3) of subdivision (c) of Section 17568.8 of the Business and Professions Code, lodging shall not have their continued occupancy constitute a new tenancy and shall not be considered a person who hires pursuant to Section 1940 for the purposes of Section 1161 of the Code of Civil Procedure, if the guest is living in the motel, hotel, or short-term lodging as a result of losing their residence in a wildfire in the County of Los Angeles. their prior housing being damaged, destroyed, or otherwise made uninhabitable by a disaster.(c) If a guest who is subject to this section and has been residing in a lodging for more than 30 days, the lodging shall provide a notice to the guest at least 72 hours before requiring the guest to vacate the lodging.(d) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.

SECTION 1. Section 1954.079 is added to the Civil Code, to read:

### SECTION 1.

1954.079. A (a) For purposes of this section:(1) Disaster means an event or circumstance that results in a state of disaster or emergency declared by the federal government or a state of emergency proclaimed by the Governor pursuant to Section 8625 of the Government Code.(2) Lodging means any of the following:(A) A motel.(B) A hotel.(C) A property that meets either of the following conditions:(i) If a local government had a registration, licensure, or similar requirement for short-term lodgings on the date the disaster was declared or proclaimed, the property met that requirement on that date.(ii) If a local government did not have a registration, licensure, or similar requirement for short-term lodgings on the date the disaster was declared or proclaimed, the property met the definition of short-term lodging, as defined in Section 17568.8 of the Business and Professions Code, on that date.(b) A guest of a motel, hotel, or short-term lodging, as defined in paragraph (3) of subdivision (c) of Section 17568.8 of the Business and Professions Code, lodging shall not have their continued occupancy constitute a new tenancy and shall not be considered a person who hires pursuant to Section 1940 for the purposes of Section 1161 of the Code of Civil Procedure, if the guest is living in the motel, hotel, or short-term lodging as a result of losing their residence in a wildfire in the County of Los Angeles. their prior housing being damaged, destroyed, or otherwise made uninhabitable by a disaster.(c) If a guest who is subject to this section and has been residing in a lodging for more than 30 days, the lodging shall provide a notice to the guest at least 72 hours before requiring the guest to vacate the lodging.(d) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.

1954.079. A (a) For purposes of this section:(1) Disaster means an event or circumstance that results in a state of disaster or emergency declared by the federal government or a state of emergency proclaimed by the Governor pursuant to Section 8625 of the Government Code.(2) Lodging means any of the following:(A) A motel.(B) A hotel.(C) A property that meets either of the following conditions:(i) If a local government had a registration, licensure, or similar requirement for short-term lodgings on the date the disaster was declared or proclaimed, the property met that requirement on that date.(ii) If a local government did not have a registration, licensure, or similar requirement for short-term lodgings on the date the disaster was declared or proclaimed, the property met the definition of short-term lodging, as defined in Section 17568.8 of the Business and Professions Code, on that date.(b) A guest of a motel, hotel, or short-term lodging, as defined in paragraph (3) of subdivision (c) of Section 17568.8 of the Business and Professions Code, lodging shall not have their continued occupancy constitute a new tenancy and shall not be considered a person who hires pursuant to Section 1940 for the purposes of Section 1161 of the Code of Civil Procedure, if the guest is living in the motel, hotel, or short-term lodging as a result of losing their residence in a wildfire in the County of Los Angeles. their prior housing being damaged, destroyed, or otherwise made uninhabitable by a disaster.(c) If a guest who is subject to this section and has been residing in a lodging for more than 30 days, the lodging shall provide a notice to the guest at least 72 hours before requiring the guest to vacate the lodging.(d) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.

1954.079. A (a) For purposes of this section:(1) Disaster means an event or circumstance that results in a state of disaster or emergency declared by the federal government or a state of emergency proclaimed by the Governor pursuant to Section 8625 of the Government Code.(2) Lodging means any of the following:(A) A motel.(B) A hotel.(C) A property that meets either of the following conditions:(i) If a local government had a registration, licensure, or similar requirement for short-term lodgings on the date the disaster was declared or proclaimed, the property met that requirement on that date.(ii) If a local government did not have a registration, licensure, or similar requirement for short-term lodgings on the date the disaster was declared or proclaimed, the property met the definition of short-term lodging, as defined in Section 17568.8 of the Business and Professions Code, on that date.(b) A guest of a motel, hotel, or short-term lodging, as defined in paragraph (3) of subdivision (c) of Section 17568.8 of the Business and Professions Code, lodging shall not have their continued occupancy constitute a new tenancy and shall not be considered a person who hires pursuant to Section 1940 for the purposes of Section 1161 of the Code of Civil Procedure, if the guest is living in the motel, hotel, or short-term lodging as a result of losing their residence in a wildfire in the County of Los Angeles. their prior housing being damaged, destroyed, or otherwise made uninhabitable by a disaster.(c) If a guest who is subject to this section and has been residing in a lodging for more than 30 days, the lodging shall provide a notice to the guest at least 72 hours before requiring the guest to vacate the lodging.(d) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.



1954.079. A (a) For purposes of this section:

(1) Disaster means an event or circumstance that results in a state of disaster or emergency declared by the federal government or a state of emergency proclaimed by the Governor pursuant to Section 8625 of the Government Code.

(2) Lodging means any of the following:

(A) A motel.

(B) A hotel.

(C) A property that meets either of the following conditions:

(i) If a local government had a registration, licensure, or similar requirement for short-term lodgings on the date the disaster was declared or proclaimed, the property met that requirement on that date.

(ii) If a local government did not have a registration, licensure, or similar requirement for short-term lodgings on the date the disaster was declared or proclaimed, the property met the definition of short-term lodging, as defined in Section 17568.8 of the Business and Professions Code, on that date.

(b) A guest of a motel, hotel, or short-term lodging, as defined in paragraph (3) of subdivision (c) of Section 17568.8 of the Business and Professions Code, lodging shall not have their continued occupancy constitute a new tenancy and shall not be considered a person who hires pursuant to Section 1940 for the purposes of Section 1161 of the Code of Civil Procedure, if the guest is living in the motel, hotel, or short-term lodging as a result of losing their residence in a wildfire in the County of Los Angeles. their prior housing being damaged, destroyed, or otherwise made uninhabitable by a disaster.

(c) If a guest who is subject to this section and has been residing in a lodging for more than 30 days, the lodging shall provide a notice to the guest at least 72 hours before requiring the guest to vacate the lodging.

(d) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.

SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:To avert economic and social harm as a result of wildfires in the County of Los Angeles.

SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:To avert economic and social harm as a result of wildfires in the County of Los Angeles.

SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:

### SEC. 2.

To avert economic and social harm as a result of wildfires in the County of Los Angeles.



The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances facing the County of Los Angeles due to extreme wildfires beginning in January 2025, which have resulted in the loss thousands of homes and displacement of more than 100,000 residents.