California 2025-2026 Regular Session

California Assembly Bill AB311 Compare Versions

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11 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 311Introduced by Assembly Members McKinnor and RivasJanuary 23, 2025 An act to add and repeal Section 1942.8 of the Civil Code, relating to property, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGESTAB 311, as introduced, McKinnor. Dwelling units: persons at risk of homelessness.Prior law, until January 1, 2024, authorized a tenant to temporarily permit the occupancy of their dwelling unit by a person who is at risk of homelessness, as defined, regardless of the terms of the lease or rental agreement, with the written approval of the owner or landlord of the property, and subject to extension under certain circumstances. Prior law further authorized an owner or landlord to adjust the rent payable under the lease during the time the person who is at risk of homelessness is occupying the dwelling unit, as compensation for the occupancy of that person, and required the terms regarding the rent payable in those circumstances to be agreed to in writing by the owner or landlord and the tenant. This bill, until January 1, 2031, would reinstate the above-described provisions, and would include certain new provisions regarding occupancy. The bill would additionally define person at risk of homelessness to include any person who is displaced from their residence as a result of a disaster in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor. The bill, among other things, would permit a tenant, with written approval of the owner or landlord, to temporarily permit the occupancy of their dwelling unit by a person who is at risk of homelessness and one or more common household pets owned or otherwise maintained by the person. The bill would provide that if the lease or rental agreement authorizes the landlord to charge a separate or additional rent for the ownership or otherwise maintenance of the common household pet in the tenants dwelling unit, the rent payable may be adjusted to include separate or additional rent during the time the person owns or otherwise maintains the pet. This bill would declare that it is to take effect immediately as an urgency statute.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 1942.8 is added to the Civil Code, to read:1942.8. (a) It is the intent of the Legislature in enacting this section to assist those at risk of homelessness and to encourage landlords and tenants to permit those persons to temporarily reside on their property.(b) Notwithstanding any other law, and regardless of the terms of the lease or rental agreement, a tenant may, with the written approval of the owner or landlord of the property, temporarily permit the occupancy of their dwelling unit by a person who is at risk of homelessness and one or more common household pets owned or otherwise maintained by the person, as defined in Section 50466 of the Health and Safety Code.(c) (1) An owner or landlord may adjust the rent payable under the lease or rental agreement during the time the person who is at risk of homelessness is occupying the tenants dwelling unit, as compensation for the occupancy of that person. The terms regarding the rent payable shall be agreed to in writing by the owner or landlord and the tenant, and shall be consistent with any applicable rent stabilization law or regulation. If the person owns or otherwise maintains a common household pet and the lease or rental agreement authorizes the landlord to charge a separate or additional rent for the ownership or otherwise maintenance of the common household pet in the tenants dwelling unit, the rent payable may be adjusted to include that separate or additional rent during the time the person owns or otherwise maintains the pet.(2) If the person who is at risk of homelessness moves out during the term of the lease or rental agreement to which the tenant was already subject, the landlord shall adjust the rent back to the amount that was due from the tenant before the time the person at risk of homelessness occupied the unit plus any lawful intervening rent increases that were not based on the occupancy of the person at risk of homelessness.(3) The tenant shall be liable for the timely and total payment of the rent, pursuant to the lease or property agreement, in its entirety.(d) The person at risk of homelessness shall have all of the rights and obligations of a lodger under California law, except that termination of the right of occupancy of the person at risk of homelessness shall be governed exclusively by subdivision (g).(e) For purposes of this section, the tenant shall have the same rights and obligations toward the person at risk of homelessness as an owner has to a lodger under California law, except that termination of the right of occupancy of the person at risk of homelessness shall be governed exclusively by subdivision (g).(f) Unless otherwise agreed upon by all parties, all of the following apply:(1) The tenant shall be liable for the actions of the person at risk of homelessness to the extent those actions are bound by the terms of the lease or property agreement to which the tenant was already subject, and the tenant shall inform the person at risk of homelessness of all rules and regulations applicable to the premises, and occupants thereof.(2) The tenant and the landlord shall enter into a written agreement, signed by both parties, indicating that the tenant is liable for the actions of the person at risk of homelessness as provided in paragraph (1). The agreement shall include a provision that states that failure by the tenant to terminate the occupancy of the person at risk of homelessness upon that persons violation of the rules and regulations pursuant to the lease or property agreement of the tenant could result in termination of the lease or property agreement of the tenant.(3) The tenant shall provide the person at risk of homelessness with a copy of the lease or property agreement with the landlord to which the tenant was already subject.(4) The tenant and the person at risk of homelessness shall enter into a written agreement, signed by both parties, acknowledging that the person at risk of homelessness shall abide by the rules and regulations prescribed under the lease or property agreement to which the tenant was already subject.(5) The tenant shall provide the person at risk of homelessness and the landlord with a copy of the signed written agreement described in paragraph (4).(g) (1) The person at risk of homelessness right to occupy the premises shall terminate on the earlier of any of the following:(A) The date agreed to by the landlord.(B) The termination of the tenants tenancy for any reason.(C) The tenant vacating the premises.(D) At least seven days after the tenant provides notice that specifies the date and time by which the person at risk of homelessness must vacate the premises, unless either of the following apply:(i) If the landlord has served the tenant with a three-day notice to cure or quit the property pursuant to paragraph (3) of Section 1161 of the Code of Civil Procedure, then the person at risk of homelessness right to occupy shall terminate 24 hours after the tenant provides notice in writing to the person at risk of homelessness that specifies the date and time by which the person at risk of homelessness must vacate the premises.(ii) The person at risk of homelessness right to occupy the premises may be terminated immediately, without notice, if that person has engaged in criminal conduct on the premises.(2) Upon termination of the person at risk of homelessness right to remain in the dwelling unit, the person at risk of homelessness may be removed from the premises pursuant to Section 602.3 of the Penal Code, as though the person at risk of homelessness were a lodger.(h) Prior to terminating the tenants lease or property agreement based on a violation of the rules and regulations by the person at risk of homelessness, the landlord shall provide the tenant with notice and an opportunity to cure the violation pursuant to paragraph (3) of Section 1161 of the Code of Civil Procedure. Termination of the occupancy of the person at risk of homelessness shall constitute cure of the violation.(i) Nothing in this section shall be construed to compel a landlord or property owner to agree to permit the occupancy of the person at risk of homelessness in the unit.(j) Notwithstanding subdivision (b), occupancy by a person who is at risk of homelessness pursuant to this section is not permissible if the addition of another person in the dwelling unit would violate the buildings occupancy limits or other applicable building standards.(k) (1) For the purposes of this section, person who is at risk of homelessness has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, except that the criterion provided in subdivision (ii) of subsection (1) of that definition shall not apply.(2) Person who is at risk of homelessness also includes any person who is displaced from their residence as a result of a disaster in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor pursuant to the California Emergency Services Act, as specified in Section 8625 of the Government Code.(l) This section does not apply to federal Section 8 housing (42 U.S.C. Sec. 1437 et seq.) or to any other federally funded or assisted low-income housing.(m) This section is not intended to supersede any other applicable law or regulation governing the ability of tenants to add additional members to their household with or without prior approval from the landlord.(n) 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 natural disasters and the severe lack of affordable housing in the state, it is necessary for this act to take effect immediately.
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33 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 311Introduced by Assembly Members McKinnor and RivasJanuary 23, 2025 An act to add and repeal Section 1942.8 of the Civil Code, relating to property, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGESTAB 311, as introduced, McKinnor. Dwelling units: persons at risk of homelessness.Prior law, until January 1, 2024, authorized a tenant to temporarily permit the occupancy of their dwelling unit by a person who is at risk of homelessness, as defined, regardless of the terms of the lease or rental agreement, with the written approval of the owner or landlord of the property, and subject to extension under certain circumstances. Prior law further authorized an owner or landlord to adjust the rent payable under the lease during the time the person who is at risk of homelessness is occupying the dwelling unit, as compensation for the occupancy of that person, and required the terms regarding the rent payable in those circumstances to be agreed to in writing by the owner or landlord and the tenant. This bill, until January 1, 2031, would reinstate the above-described provisions, and would include certain new provisions regarding occupancy. The bill would additionally define person at risk of homelessness to include any person who is displaced from their residence as a result of a disaster in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor. The bill, among other things, would permit a tenant, with written approval of the owner or landlord, to temporarily permit the occupancy of their dwelling unit by a person who is at risk of homelessness and one or more common household pets owned or otherwise maintained by the person. The bill would provide that if the lease or rental agreement authorizes the landlord to charge a separate or additional rent for the ownership or otherwise maintenance of the common household pet in the tenants dwelling unit, the rent payable may be adjusted to include separate or additional rent during the time the person owns or otherwise maintains the pet. This bill would declare that it is to take effect immediately as an urgency statute.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: NO Local Program: NO
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99 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
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1111 Assembly Bill
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1313 No. 311
1414
1515 Introduced by Assembly Members McKinnor and RivasJanuary 23, 2025
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1717 Introduced by Assembly Members McKinnor and Rivas
1818 January 23, 2025
1919
2020 An act to add and repeal Section 1942.8 of the Civil Code, relating to property, and declaring the urgency thereof, to take effect immediately.
2121
2222 LEGISLATIVE COUNSEL'S DIGEST
2323
2424 ## LEGISLATIVE COUNSEL'S DIGEST
2525
2626 AB 311, as introduced, McKinnor. Dwelling units: persons at risk of homelessness.
2727
2828 Prior law, until January 1, 2024, authorized a tenant to temporarily permit the occupancy of their dwelling unit by a person who is at risk of homelessness, as defined, regardless of the terms of the lease or rental agreement, with the written approval of the owner or landlord of the property, and subject to extension under certain circumstances. Prior law further authorized an owner or landlord to adjust the rent payable under the lease during the time the person who is at risk of homelessness is occupying the dwelling unit, as compensation for the occupancy of that person, and required the terms regarding the rent payable in those circumstances to be agreed to in writing by the owner or landlord and the tenant. This bill, until January 1, 2031, would reinstate the above-described provisions, and would include certain new provisions regarding occupancy. The bill would additionally define person at risk of homelessness to include any person who is displaced from their residence as a result of a disaster in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor. The bill, among other things, would permit a tenant, with written approval of the owner or landlord, to temporarily permit the occupancy of their dwelling unit by a person who is at risk of homelessness and one or more common household pets owned or otherwise maintained by the person. The bill would provide that if the lease or rental agreement authorizes the landlord to charge a separate or additional rent for the ownership or otherwise maintenance of the common household pet in the tenants dwelling unit, the rent payable may be adjusted to include separate or additional rent during the time the person owns or otherwise maintains the pet. This bill would declare that it is to take effect immediately as an urgency statute.
2929
3030 Prior law, until January 1, 2024, authorized a tenant to temporarily permit the occupancy of their dwelling unit by a person who is at risk of homelessness, as defined, regardless of the terms of the lease or rental agreement, with the written approval of the owner or landlord of the property, and subject to extension under certain circumstances. Prior law further authorized an owner or landlord to adjust the rent payable under the lease during the time the person who is at risk of homelessness is occupying the dwelling unit, as compensation for the occupancy of that person, and required the terms regarding the rent payable in those circumstances to be agreed to in writing by the owner or landlord and the tenant.
3131
3232 This bill, until January 1, 2031, would reinstate the above-described provisions, and would include certain new provisions regarding occupancy. The bill would additionally define person at risk of homelessness to include any person who is displaced from their residence as a result of a disaster in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor. The bill, among other things, would permit a tenant, with written approval of the owner or landlord, to temporarily permit the occupancy of their dwelling unit by a person who is at risk of homelessness and one or more common household pets owned or otherwise maintained by the person. The bill would provide that if the lease or rental agreement authorizes the landlord to charge a separate or additional rent for the ownership or otherwise maintenance of the common household pet in the tenants dwelling unit, the rent payable may be adjusted to include separate or additional rent during the time the person owns or otherwise maintains the pet.
3333
3434 This bill would declare that it is to take effect immediately as an urgency statute.
3535
3636 ## Digest Key
3737
3838 ## Bill Text
3939
4040 The people of the State of California do enact as follows:SECTION 1. Section 1942.8 is added to the Civil Code, to read:1942.8. (a) It is the intent of the Legislature in enacting this section to assist those at risk of homelessness and to encourage landlords and tenants to permit those persons to temporarily reside on their property.(b) Notwithstanding any other law, and regardless of the terms of the lease or rental agreement, a tenant may, with the written approval of the owner or landlord of the property, temporarily permit the occupancy of their dwelling unit by a person who is at risk of homelessness and one or more common household pets owned or otherwise maintained by the person, as defined in Section 50466 of the Health and Safety Code.(c) (1) An owner or landlord may adjust the rent payable under the lease or rental agreement during the time the person who is at risk of homelessness is occupying the tenants dwelling unit, as compensation for the occupancy of that person. The terms regarding the rent payable shall be agreed to in writing by the owner or landlord and the tenant, and shall be consistent with any applicable rent stabilization law or regulation. If the person owns or otherwise maintains a common household pet and the lease or rental agreement authorizes the landlord to charge a separate or additional rent for the ownership or otherwise maintenance of the common household pet in the tenants dwelling unit, the rent payable may be adjusted to include that separate or additional rent during the time the person owns or otherwise maintains the pet.(2) If the person who is at risk of homelessness moves out during the term of the lease or rental agreement to which the tenant was already subject, the landlord shall adjust the rent back to the amount that was due from the tenant before the time the person at risk of homelessness occupied the unit plus any lawful intervening rent increases that were not based on the occupancy of the person at risk of homelessness.(3) The tenant shall be liable for the timely and total payment of the rent, pursuant to the lease or property agreement, in its entirety.(d) The person at risk of homelessness shall have all of the rights and obligations of a lodger under California law, except that termination of the right of occupancy of the person at risk of homelessness shall be governed exclusively by subdivision (g).(e) For purposes of this section, the tenant shall have the same rights and obligations toward the person at risk of homelessness as an owner has to a lodger under California law, except that termination of the right of occupancy of the person at risk of homelessness shall be governed exclusively by subdivision (g).(f) Unless otherwise agreed upon by all parties, all of the following apply:(1) The tenant shall be liable for the actions of the person at risk of homelessness to the extent those actions are bound by the terms of the lease or property agreement to which the tenant was already subject, and the tenant shall inform the person at risk of homelessness of all rules and regulations applicable to the premises, and occupants thereof.(2) The tenant and the landlord shall enter into a written agreement, signed by both parties, indicating that the tenant is liable for the actions of the person at risk of homelessness as provided in paragraph (1). The agreement shall include a provision that states that failure by the tenant to terminate the occupancy of the person at risk of homelessness upon that persons violation of the rules and regulations pursuant to the lease or property agreement of the tenant could result in termination of the lease or property agreement of the tenant.(3) The tenant shall provide the person at risk of homelessness with a copy of the lease or property agreement with the landlord to which the tenant was already subject.(4) The tenant and the person at risk of homelessness shall enter into a written agreement, signed by both parties, acknowledging that the person at risk of homelessness shall abide by the rules and regulations prescribed under the lease or property agreement to which the tenant was already subject.(5) The tenant shall provide the person at risk of homelessness and the landlord with a copy of the signed written agreement described in paragraph (4).(g) (1) The person at risk of homelessness right to occupy the premises shall terminate on the earlier of any of the following:(A) The date agreed to by the landlord.(B) The termination of the tenants tenancy for any reason.(C) The tenant vacating the premises.(D) At least seven days after the tenant provides notice that specifies the date and time by which the person at risk of homelessness must vacate the premises, unless either of the following apply:(i) If the landlord has served the tenant with a three-day notice to cure or quit the property pursuant to paragraph (3) of Section 1161 of the Code of Civil Procedure, then the person at risk of homelessness right to occupy shall terminate 24 hours after the tenant provides notice in writing to the person at risk of homelessness that specifies the date and time by which the person at risk of homelessness must vacate the premises.(ii) The person at risk of homelessness right to occupy the premises may be terminated immediately, without notice, if that person has engaged in criminal conduct on the premises.(2) Upon termination of the person at risk of homelessness right to remain in the dwelling unit, the person at risk of homelessness may be removed from the premises pursuant to Section 602.3 of the Penal Code, as though the person at risk of homelessness were a lodger.(h) Prior to terminating the tenants lease or property agreement based on a violation of the rules and regulations by the person at risk of homelessness, the landlord shall provide the tenant with notice and an opportunity to cure the violation pursuant to paragraph (3) of Section 1161 of the Code of Civil Procedure. Termination of the occupancy of the person at risk of homelessness shall constitute cure of the violation.(i) Nothing in this section shall be construed to compel a landlord or property owner to agree to permit the occupancy of the person at risk of homelessness in the unit.(j) Notwithstanding subdivision (b), occupancy by a person who is at risk of homelessness pursuant to this section is not permissible if the addition of another person in the dwelling unit would violate the buildings occupancy limits or other applicable building standards.(k) (1) For the purposes of this section, person who is at risk of homelessness has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, except that the criterion provided in subdivision (ii) of subsection (1) of that definition shall not apply.(2) Person who is at risk of homelessness also includes any person who is displaced from their residence as a result of a disaster in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor pursuant to the California Emergency Services Act, as specified in Section 8625 of the Government Code.(l) This section does not apply to federal Section 8 housing (42 U.S.C. Sec. 1437 et seq.) or to any other federally funded or assisted low-income housing.(m) This section is not intended to supersede any other applicable law or regulation governing the ability of tenants to add additional members to their household with or without prior approval from the landlord.(n) 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 natural disasters and the severe lack of affordable housing in the state, it is necessary for this act to take effect immediately.
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4242 The people of the State of California do enact as follows:
4343
4444 ## The people of the State of California do enact as follows:
4545
4646 SECTION 1. Section 1942.8 is added to the Civil Code, to read:1942.8. (a) It is the intent of the Legislature in enacting this section to assist those at risk of homelessness and to encourage landlords and tenants to permit those persons to temporarily reside on their property.(b) Notwithstanding any other law, and regardless of the terms of the lease or rental agreement, a tenant may, with the written approval of the owner or landlord of the property, temporarily permit the occupancy of their dwelling unit by a person who is at risk of homelessness and one or more common household pets owned or otherwise maintained by the person, as defined in Section 50466 of the Health and Safety Code.(c) (1) An owner or landlord may adjust the rent payable under the lease or rental agreement during the time the person who is at risk of homelessness is occupying the tenants dwelling unit, as compensation for the occupancy of that person. The terms regarding the rent payable shall be agreed to in writing by the owner or landlord and the tenant, and shall be consistent with any applicable rent stabilization law or regulation. If the person owns or otherwise maintains a common household pet and the lease or rental agreement authorizes the landlord to charge a separate or additional rent for the ownership or otherwise maintenance of the common household pet in the tenants dwelling unit, the rent payable may be adjusted to include that separate or additional rent during the time the person owns or otherwise maintains the pet.(2) If the person who is at risk of homelessness moves out during the term of the lease or rental agreement to which the tenant was already subject, the landlord shall adjust the rent back to the amount that was due from the tenant before the time the person at risk of homelessness occupied the unit plus any lawful intervening rent increases that were not based on the occupancy of the person at risk of homelessness.(3) The tenant shall be liable for the timely and total payment of the rent, pursuant to the lease or property agreement, in its entirety.(d) The person at risk of homelessness shall have all of the rights and obligations of a lodger under California law, except that termination of the right of occupancy of the person at risk of homelessness shall be governed exclusively by subdivision (g).(e) For purposes of this section, the tenant shall have the same rights and obligations toward the person at risk of homelessness as an owner has to a lodger under California law, except that termination of the right of occupancy of the person at risk of homelessness shall be governed exclusively by subdivision (g).(f) Unless otherwise agreed upon by all parties, all of the following apply:(1) The tenant shall be liable for the actions of the person at risk of homelessness to the extent those actions are bound by the terms of the lease or property agreement to which the tenant was already subject, and the tenant shall inform the person at risk of homelessness of all rules and regulations applicable to the premises, and occupants thereof.(2) The tenant and the landlord shall enter into a written agreement, signed by both parties, indicating that the tenant is liable for the actions of the person at risk of homelessness as provided in paragraph (1). The agreement shall include a provision that states that failure by the tenant to terminate the occupancy of the person at risk of homelessness upon that persons violation of the rules and regulations pursuant to the lease or property agreement of the tenant could result in termination of the lease or property agreement of the tenant.(3) The tenant shall provide the person at risk of homelessness with a copy of the lease or property agreement with the landlord to which the tenant was already subject.(4) The tenant and the person at risk of homelessness shall enter into a written agreement, signed by both parties, acknowledging that the person at risk of homelessness shall abide by the rules and regulations prescribed under the lease or property agreement to which the tenant was already subject.(5) The tenant shall provide the person at risk of homelessness and the landlord with a copy of the signed written agreement described in paragraph (4).(g) (1) The person at risk of homelessness right to occupy the premises shall terminate on the earlier of any of the following:(A) The date agreed to by the landlord.(B) The termination of the tenants tenancy for any reason.(C) The tenant vacating the premises.(D) At least seven days after the tenant provides notice that specifies the date and time by which the person at risk of homelessness must vacate the premises, unless either of the following apply:(i) If the landlord has served the tenant with a three-day notice to cure or quit the property pursuant to paragraph (3) of Section 1161 of the Code of Civil Procedure, then the person at risk of homelessness right to occupy shall terminate 24 hours after the tenant provides notice in writing to the person at risk of homelessness that specifies the date and time by which the person at risk of homelessness must vacate the premises.(ii) The person at risk of homelessness right to occupy the premises may be terminated immediately, without notice, if that person has engaged in criminal conduct on the premises.(2) Upon termination of the person at risk of homelessness right to remain in the dwelling unit, the person at risk of homelessness may be removed from the premises pursuant to Section 602.3 of the Penal Code, as though the person at risk of homelessness were a lodger.(h) Prior to terminating the tenants lease or property agreement based on a violation of the rules and regulations by the person at risk of homelessness, the landlord shall provide the tenant with notice and an opportunity to cure the violation pursuant to paragraph (3) of Section 1161 of the Code of Civil Procedure. Termination of the occupancy of the person at risk of homelessness shall constitute cure of the violation.(i) Nothing in this section shall be construed to compel a landlord or property owner to agree to permit the occupancy of the person at risk of homelessness in the unit.(j) Notwithstanding subdivision (b), occupancy by a person who is at risk of homelessness pursuant to this section is not permissible if the addition of another person in the dwelling unit would violate the buildings occupancy limits or other applicable building standards.(k) (1) For the purposes of this section, person who is at risk of homelessness has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, except that the criterion provided in subdivision (ii) of subsection (1) of that definition shall not apply.(2) Person who is at risk of homelessness also includes any person who is displaced from their residence as a result of a disaster in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor pursuant to the California Emergency Services Act, as specified in Section 8625 of the Government Code.(l) This section does not apply to federal Section 8 housing (42 U.S.C. Sec. 1437 et seq.) or to any other federally funded or assisted low-income housing.(m) This section is not intended to supersede any other applicable law or regulation governing the ability of tenants to add additional members to their household with or without prior approval from the landlord.(n) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
4747
4848 SECTION 1. Section 1942.8 is added to the Civil Code, to read:
4949
5050 ### SECTION 1.
5151
5252 1942.8. (a) It is the intent of the Legislature in enacting this section to assist those at risk of homelessness and to encourage landlords and tenants to permit those persons to temporarily reside on their property.(b) Notwithstanding any other law, and regardless of the terms of the lease or rental agreement, a tenant may, with the written approval of the owner or landlord of the property, temporarily permit the occupancy of their dwelling unit by a person who is at risk of homelessness and one or more common household pets owned or otherwise maintained by the person, as defined in Section 50466 of the Health and Safety Code.(c) (1) An owner or landlord may adjust the rent payable under the lease or rental agreement during the time the person who is at risk of homelessness is occupying the tenants dwelling unit, as compensation for the occupancy of that person. The terms regarding the rent payable shall be agreed to in writing by the owner or landlord and the tenant, and shall be consistent with any applicable rent stabilization law or regulation. If the person owns or otherwise maintains a common household pet and the lease or rental agreement authorizes the landlord to charge a separate or additional rent for the ownership or otherwise maintenance of the common household pet in the tenants dwelling unit, the rent payable may be adjusted to include that separate or additional rent during the time the person owns or otherwise maintains the pet.(2) If the person who is at risk of homelessness moves out during the term of the lease or rental agreement to which the tenant was already subject, the landlord shall adjust the rent back to the amount that was due from the tenant before the time the person at risk of homelessness occupied the unit plus any lawful intervening rent increases that were not based on the occupancy of the person at risk of homelessness.(3) The tenant shall be liable for the timely and total payment of the rent, pursuant to the lease or property agreement, in its entirety.(d) The person at risk of homelessness shall have all of the rights and obligations of a lodger under California law, except that termination of the right of occupancy of the person at risk of homelessness shall be governed exclusively by subdivision (g).(e) For purposes of this section, the tenant shall have the same rights and obligations toward the person at risk of homelessness as an owner has to a lodger under California law, except that termination of the right of occupancy of the person at risk of homelessness shall be governed exclusively by subdivision (g).(f) Unless otherwise agreed upon by all parties, all of the following apply:(1) The tenant shall be liable for the actions of the person at risk of homelessness to the extent those actions are bound by the terms of the lease or property agreement to which the tenant was already subject, and the tenant shall inform the person at risk of homelessness of all rules and regulations applicable to the premises, and occupants thereof.(2) The tenant and the landlord shall enter into a written agreement, signed by both parties, indicating that the tenant is liable for the actions of the person at risk of homelessness as provided in paragraph (1). The agreement shall include a provision that states that failure by the tenant to terminate the occupancy of the person at risk of homelessness upon that persons violation of the rules and regulations pursuant to the lease or property agreement of the tenant could result in termination of the lease or property agreement of the tenant.(3) The tenant shall provide the person at risk of homelessness with a copy of the lease or property agreement with the landlord to which the tenant was already subject.(4) The tenant and the person at risk of homelessness shall enter into a written agreement, signed by both parties, acknowledging that the person at risk of homelessness shall abide by the rules and regulations prescribed under the lease or property agreement to which the tenant was already subject.(5) The tenant shall provide the person at risk of homelessness and the landlord with a copy of the signed written agreement described in paragraph (4).(g) (1) The person at risk of homelessness right to occupy the premises shall terminate on the earlier of any of the following:(A) The date agreed to by the landlord.(B) The termination of the tenants tenancy for any reason.(C) The tenant vacating the premises.(D) At least seven days after the tenant provides notice that specifies the date and time by which the person at risk of homelessness must vacate the premises, unless either of the following apply:(i) If the landlord has served the tenant with a three-day notice to cure or quit the property pursuant to paragraph (3) of Section 1161 of the Code of Civil Procedure, then the person at risk of homelessness right to occupy shall terminate 24 hours after the tenant provides notice in writing to the person at risk of homelessness that specifies the date and time by which the person at risk of homelessness must vacate the premises.(ii) The person at risk of homelessness right to occupy the premises may be terminated immediately, without notice, if that person has engaged in criminal conduct on the premises.(2) Upon termination of the person at risk of homelessness right to remain in the dwelling unit, the person at risk of homelessness may be removed from the premises pursuant to Section 602.3 of the Penal Code, as though the person at risk of homelessness were a lodger.(h) Prior to terminating the tenants lease or property agreement based on a violation of the rules and regulations by the person at risk of homelessness, the landlord shall provide the tenant with notice and an opportunity to cure the violation pursuant to paragraph (3) of Section 1161 of the Code of Civil Procedure. Termination of the occupancy of the person at risk of homelessness shall constitute cure of the violation.(i) Nothing in this section shall be construed to compel a landlord or property owner to agree to permit the occupancy of the person at risk of homelessness in the unit.(j) Notwithstanding subdivision (b), occupancy by a person who is at risk of homelessness pursuant to this section is not permissible if the addition of another person in the dwelling unit would violate the buildings occupancy limits or other applicable building standards.(k) (1) For the purposes of this section, person who is at risk of homelessness has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, except that the criterion provided in subdivision (ii) of subsection (1) of that definition shall not apply.(2) Person who is at risk of homelessness also includes any person who is displaced from their residence as a result of a disaster in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor pursuant to the California Emergency Services Act, as specified in Section 8625 of the Government Code.(l) This section does not apply to federal Section 8 housing (42 U.S.C. Sec. 1437 et seq.) or to any other federally funded or assisted low-income housing.(m) This section is not intended to supersede any other applicable law or regulation governing the ability of tenants to add additional members to their household with or without prior approval from the landlord.(n) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
5353
5454 1942.8. (a) It is the intent of the Legislature in enacting this section to assist those at risk of homelessness and to encourage landlords and tenants to permit those persons to temporarily reside on their property.(b) Notwithstanding any other law, and regardless of the terms of the lease or rental agreement, a tenant may, with the written approval of the owner or landlord of the property, temporarily permit the occupancy of their dwelling unit by a person who is at risk of homelessness and one or more common household pets owned or otherwise maintained by the person, as defined in Section 50466 of the Health and Safety Code.(c) (1) An owner or landlord may adjust the rent payable under the lease or rental agreement during the time the person who is at risk of homelessness is occupying the tenants dwelling unit, as compensation for the occupancy of that person. The terms regarding the rent payable shall be agreed to in writing by the owner or landlord and the tenant, and shall be consistent with any applicable rent stabilization law or regulation. If the person owns or otherwise maintains a common household pet and the lease or rental agreement authorizes the landlord to charge a separate or additional rent for the ownership or otherwise maintenance of the common household pet in the tenants dwelling unit, the rent payable may be adjusted to include that separate or additional rent during the time the person owns or otherwise maintains the pet.(2) If the person who is at risk of homelessness moves out during the term of the lease or rental agreement to which the tenant was already subject, the landlord shall adjust the rent back to the amount that was due from the tenant before the time the person at risk of homelessness occupied the unit plus any lawful intervening rent increases that were not based on the occupancy of the person at risk of homelessness.(3) The tenant shall be liable for the timely and total payment of the rent, pursuant to the lease or property agreement, in its entirety.(d) The person at risk of homelessness shall have all of the rights and obligations of a lodger under California law, except that termination of the right of occupancy of the person at risk of homelessness shall be governed exclusively by subdivision (g).(e) For purposes of this section, the tenant shall have the same rights and obligations toward the person at risk of homelessness as an owner has to a lodger under California law, except that termination of the right of occupancy of the person at risk of homelessness shall be governed exclusively by subdivision (g).(f) Unless otherwise agreed upon by all parties, all of the following apply:(1) The tenant shall be liable for the actions of the person at risk of homelessness to the extent those actions are bound by the terms of the lease or property agreement to which the tenant was already subject, and the tenant shall inform the person at risk of homelessness of all rules and regulations applicable to the premises, and occupants thereof.(2) The tenant and the landlord shall enter into a written agreement, signed by both parties, indicating that the tenant is liable for the actions of the person at risk of homelessness as provided in paragraph (1). The agreement shall include a provision that states that failure by the tenant to terminate the occupancy of the person at risk of homelessness upon that persons violation of the rules and regulations pursuant to the lease or property agreement of the tenant could result in termination of the lease or property agreement of the tenant.(3) The tenant shall provide the person at risk of homelessness with a copy of the lease or property agreement with the landlord to which the tenant was already subject.(4) The tenant and the person at risk of homelessness shall enter into a written agreement, signed by both parties, acknowledging that the person at risk of homelessness shall abide by the rules and regulations prescribed under the lease or property agreement to which the tenant was already subject.(5) The tenant shall provide the person at risk of homelessness and the landlord with a copy of the signed written agreement described in paragraph (4).(g) (1) The person at risk of homelessness right to occupy the premises shall terminate on the earlier of any of the following:(A) The date agreed to by the landlord.(B) The termination of the tenants tenancy for any reason.(C) The tenant vacating the premises.(D) At least seven days after the tenant provides notice that specifies the date and time by which the person at risk of homelessness must vacate the premises, unless either of the following apply:(i) If the landlord has served the tenant with a three-day notice to cure or quit the property pursuant to paragraph (3) of Section 1161 of the Code of Civil Procedure, then the person at risk of homelessness right to occupy shall terminate 24 hours after the tenant provides notice in writing to the person at risk of homelessness that specifies the date and time by which the person at risk of homelessness must vacate the premises.(ii) The person at risk of homelessness right to occupy the premises may be terminated immediately, without notice, if that person has engaged in criminal conduct on the premises.(2) Upon termination of the person at risk of homelessness right to remain in the dwelling unit, the person at risk of homelessness may be removed from the premises pursuant to Section 602.3 of the Penal Code, as though the person at risk of homelessness were a lodger.(h) Prior to terminating the tenants lease or property agreement based on a violation of the rules and regulations by the person at risk of homelessness, the landlord shall provide the tenant with notice and an opportunity to cure the violation pursuant to paragraph (3) of Section 1161 of the Code of Civil Procedure. Termination of the occupancy of the person at risk of homelessness shall constitute cure of the violation.(i) Nothing in this section shall be construed to compel a landlord or property owner to agree to permit the occupancy of the person at risk of homelessness in the unit.(j) Notwithstanding subdivision (b), occupancy by a person who is at risk of homelessness pursuant to this section is not permissible if the addition of another person in the dwelling unit would violate the buildings occupancy limits or other applicable building standards.(k) (1) For the purposes of this section, person who is at risk of homelessness has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, except that the criterion provided in subdivision (ii) of subsection (1) of that definition shall not apply.(2) Person who is at risk of homelessness also includes any person who is displaced from their residence as a result of a disaster in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor pursuant to the California Emergency Services Act, as specified in Section 8625 of the Government Code.(l) This section does not apply to federal Section 8 housing (42 U.S.C. Sec. 1437 et seq.) or to any other federally funded or assisted low-income housing.(m) This section is not intended to supersede any other applicable law or regulation governing the ability of tenants to add additional members to their household with or without prior approval from the landlord.(n) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
5555
5656 1942.8. (a) It is the intent of the Legislature in enacting this section to assist those at risk of homelessness and to encourage landlords and tenants to permit those persons to temporarily reside on their property.(b) Notwithstanding any other law, and regardless of the terms of the lease or rental agreement, a tenant may, with the written approval of the owner or landlord of the property, temporarily permit the occupancy of their dwelling unit by a person who is at risk of homelessness and one or more common household pets owned or otherwise maintained by the person, as defined in Section 50466 of the Health and Safety Code.(c) (1) An owner or landlord may adjust the rent payable under the lease or rental agreement during the time the person who is at risk of homelessness is occupying the tenants dwelling unit, as compensation for the occupancy of that person. The terms regarding the rent payable shall be agreed to in writing by the owner or landlord and the tenant, and shall be consistent with any applicable rent stabilization law or regulation. If the person owns or otherwise maintains a common household pet and the lease or rental agreement authorizes the landlord to charge a separate or additional rent for the ownership or otherwise maintenance of the common household pet in the tenants dwelling unit, the rent payable may be adjusted to include that separate or additional rent during the time the person owns or otherwise maintains the pet.(2) If the person who is at risk of homelessness moves out during the term of the lease or rental agreement to which the tenant was already subject, the landlord shall adjust the rent back to the amount that was due from the tenant before the time the person at risk of homelessness occupied the unit plus any lawful intervening rent increases that were not based on the occupancy of the person at risk of homelessness.(3) The tenant shall be liable for the timely and total payment of the rent, pursuant to the lease or property agreement, in its entirety.(d) The person at risk of homelessness shall have all of the rights and obligations of a lodger under California law, except that termination of the right of occupancy of the person at risk of homelessness shall be governed exclusively by subdivision (g).(e) For purposes of this section, the tenant shall have the same rights and obligations toward the person at risk of homelessness as an owner has to a lodger under California law, except that termination of the right of occupancy of the person at risk of homelessness shall be governed exclusively by subdivision (g).(f) Unless otherwise agreed upon by all parties, all of the following apply:(1) The tenant shall be liable for the actions of the person at risk of homelessness to the extent those actions are bound by the terms of the lease or property agreement to which the tenant was already subject, and the tenant shall inform the person at risk of homelessness of all rules and regulations applicable to the premises, and occupants thereof.(2) The tenant and the landlord shall enter into a written agreement, signed by both parties, indicating that the tenant is liable for the actions of the person at risk of homelessness as provided in paragraph (1). The agreement shall include a provision that states that failure by the tenant to terminate the occupancy of the person at risk of homelessness upon that persons violation of the rules and regulations pursuant to the lease or property agreement of the tenant could result in termination of the lease or property agreement of the tenant.(3) The tenant shall provide the person at risk of homelessness with a copy of the lease or property agreement with the landlord to which the tenant was already subject.(4) The tenant and the person at risk of homelessness shall enter into a written agreement, signed by both parties, acknowledging that the person at risk of homelessness shall abide by the rules and regulations prescribed under the lease or property agreement to which the tenant was already subject.(5) The tenant shall provide the person at risk of homelessness and the landlord with a copy of the signed written agreement described in paragraph (4).(g) (1) The person at risk of homelessness right to occupy the premises shall terminate on the earlier of any of the following:(A) The date agreed to by the landlord.(B) The termination of the tenants tenancy for any reason.(C) The tenant vacating the premises.(D) At least seven days after the tenant provides notice that specifies the date and time by which the person at risk of homelessness must vacate the premises, unless either of the following apply:(i) If the landlord has served the tenant with a three-day notice to cure or quit the property pursuant to paragraph (3) of Section 1161 of the Code of Civil Procedure, then the person at risk of homelessness right to occupy shall terminate 24 hours after the tenant provides notice in writing to the person at risk of homelessness that specifies the date and time by which the person at risk of homelessness must vacate the premises.(ii) The person at risk of homelessness right to occupy the premises may be terminated immediately, without notice, if that person has engaged in criminal conduct on the premises.(2) Upon termination of the person at risk of homelessness right to remain in the dwelling unit, the person at risk of homelessness may be removed from the premises pursuant to Section 602.3 of the Penal Code, as though the person at risk of homelessness were a lodger.(h) Prior to terminating the tenants lease or property agreement based on a violation of the rules and regulations by the person at risk of homelessness, the landlord shall provide the tenant with notice and an opportunity to cure the violation pursuant to paragraph (3) of Section 1161 of the Code of Civil Procedure. Termination of the occupancy of the person at risk of homelessness shall constitute cure of the violation.(i) Nothing in this section shall be construed to compel a landlord or property owner to agree to permit the occupancy of the person at risk of homelessness in the unit.(j) Notwithstanding subdivision (b), occupancy by a person who is at risk of homelessness pursuant to this section is not permissible if the addition of another person in the dwelling unit would violate the buildings occupancy limits or other applicable building standards.(k) (1) For the purposes of this section, person who is at risk of homelessness has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, except that the criterion provided in subdivision (ii) of subsection (1) of that definition shall not apply.(2) Person who is at risk of homelessness also includes any person who is displaced from their residence as a result of a disaster in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor pursuant to the California Emergency Services Act, as specified in Section 8625 of the Government Code.(l) This section does not apply to federal Section 8 housing (42 U.S.C. Sec. 1437 et seq.) or to any other federally funded or assisted low-income housing.(m) This section is not intended to supersede any other applicable law or regulation governing the ability of tenants to add additional members to their household with or without prior approval from the landlord.(n) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
5757
5858
5959
6060 1942.8. (a) It is the intent of the Legislature in enacting this section to assist those at risk of homelessness and to encourage landlords and tenants to permit those persons to temporarily reside on their property.
6161
6262 (b) Notwithstanding any other law, and regardless of the terms of the lease or rental agreement, a tenant may, with the written approval of the owner or landlord of the property, temporarily permit the occupancy of their dwelling unit by a person who is at risk of homelessness and one or more common household pets owned or otherwise maintained by the person, as defined in Section 50466 of the Health and Safety Code.
6363
6464 (c) (1) An owner or landlord may adjust the rent payable under the lease or rental agreement during the time the person who is at risk of homelessness is occupying the tenants dwelling unit, as compensation for the occupancy of that person. The terms regarding the rent payable shall be agreed to in writing by the owner or landlord and the tenant, and shall be consistent with any applicable rent stabilization law or regulation. If the person owns or otherwise maintains a common household pet and the lease or rental agreement authorizes the landlord to charge a separate or additional rent for the ownership or otherwise maintenance of the common household pet in the tenants dwelling unit, the rent payable may be adjusted to include that separate or additional rent during the time the person owns or otherwise maintains the pet.
6565
6666 (2) If the person who is at risk of homelessness moves out during the term of the lease or rental agreement to which the tenant was already subject, the landlord shall adjust the rent back to the amount that was due from the tenant before the time the person at risk of homelessness occupied the unit plus any lawful intervening rent increases that were not based on the occupancy of the person at risk of homelessness.
6767
6868 (3) The tenant shall be liable for the timely and total payment of the rent, pursuant to the lease or property agreement, in its entirety.
6969
7070 (d) The person at risk of homelessness shall have all of the rights and obligations of a lodger under California law, except that termination of the right of occupancy of the person at risk of homelessness shall be governed exclusively by subdivision (g).
7171
7272 (e) For purposes of this section, the tenant shall have the same rights and obligations toward the person at risk of homelessness as an owner has to a lodger under California law, except that termination of the right of occupancy of the person at risk of homelessness shall be governed exclusively by subdivision (g).
7373
7474 (f) Unless otherwise agreed upon by all parties, all of the following apply:
7575
7676 (1) The tenant shall be liable for the actions of the person at risk of homelessness to the extent those actions are bound by the terms of the lease or property agreement to which the tenant was already subject, and the tenant shall inform the person at risk of homelessness of all rules and regulations applicable to the premises, and occupants thereof.
7777
7878 (2) The tenant and the landlord shall enter into a written agreement, signed by both parties, indicating that the tenant is liable for the actions of the person at risk of homelessness as provided in paragraph (1). The agreement shall include a provision that states that failure by the tenant to terminate the occupancy of the person at risk of homelessness upon that persons violation of the rules and regulations pursuant to the lease or property agreement of the tenant could result in termination of the lease or property agreement of the tenant.
7979
8080 (3) The tenant shall provide the person at risk of homelessness with a copy of the lease or property agreement with the landlord to which the tenant was already subject.
8181
8282 (4) The tenant and the person at risk of homelessness shall enter into a written agreement, signed by both parties, acknowledging that the person at risk of homelessness shall abide by the rules and regulations prescribed under the lease or property agreement to which the tenant was already subject.
8383
8484 (5) The tenant shall provide the person at risk of homelessness and the landlord with a copy of the signed written agreement described in paragraph (4).
8585
8686 (g) (1) The person at risk of homelessness right to occupy the premises shall terminate on the earlier of any of the following:
8787
8888 (A) The date agreed to by the landlord.
8989
9090 (B) The termination of the tenants tenancy for any reason.
9191
9292 (C) The tenant vacating the premises.
9393
9494 (D) At least seven days after the tenant provides notice that specifies the date and time by which the person at risk of homelessness must vacate the premises, unless either of the following apply:
9595
9696 (i) If the landlord has served the tenant with a three-day notice to cure or quit the property pursuant to paragraph (3) of Section 1161 of the Code of Civil Procedure, then the person at risk of homelessness right to occupy shall terminate 24 hours after the tenant provides notice in writing to the person at risk of homelessness that specifies the date and time by which the person at risk of homelessness must vacate the premises.
9797
9898 (ii) The person at risk of homelessness right to occupy the premises may be terminated immediately, without notice, if that person has engaged in criminal conduct on the premises.
9999
100100 (2) Upon termination of the person at risk of homelessness right to remain in the dwelling unit, the person at risk of homelessness may be removed from the premises pursuant to Section 602.3 of the Penal Code, as though the person at risk of homelessness were a lodger.
101101
102102 (h) Prior to terminating the tenants lease or property agreement based on a violation of the rules and regulations by the person at risk of homelessness, the landlord shall provide the tenant with notice and an opportunity to cure the violation pursuant to paragraph (3) of Section 1161 of the Code of Civil Procedure. Termination of the occupancy of the person at risk of homelessness shall constitute cure of the violation.
103103
104104 (i) Nothing in this section shall be construed to compel a landlord or property owner to agree to permit the occupancy of the person at risk of homelessness in the unit.
105105
106106 (j) Notwithstanding subdivision (b), occupancy by a person who is at risk of homelessness pursuant to this section is not permissible if the addition of another person in the dwelling unit would violate the buildings occupancy limits or other applicable building standards.
107107
108108 (k) (1) For the purposes of this section, person who is at risk of homelessness has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, except that the criterion provided in subdivision (ii) of subsection (1) of that definition shall not apply.
109109
110110 (2) Person who is at risk of homelessness also includes any person who is displaced from their residence as a result of a disaster in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor pursuant to the California Emergency Services Act, as specified in Section 8625 of the Government Code.
111111
112112 (l) This section does not apply to federal Section 8 housing (42 U.S.C. Sec. 1437 et seq.) or to any other federally funded or assisted low-income housing.
113113
114114 (m) This section is not intended to supersede any other applicable law or regulation governing the ability of tenants to add additional members to their household with or without prior approval from the landlord.
115115
116116 (n) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
117117
118118 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 natural disasters and the severe lack of affordable housing in the state, it is necessary for this act to take effect immediately.
119119
120120 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 natural disasters and the severe lack of affordable housing in the state, it is necessary for this act to take effect immediately.
121121
122122 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:
123123
124124 ### SEC. 2.
125125
126126 To avert economic and social harm as a result of natural disasters and the severe lack of affordable housing in the state, it is necessary for this act to take effect immediately.