| 1 | 1 | | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 878Introduced by Assembly Member KalraFebruary 19, 2025 An act to add Section 1941.5.1 to the Civil Code, relating to tenancies. LEGISLATIVE COUNSEL'S DIGESTAB 878, as introduced, Kalra. Victims of abuse or violence: reasonable accommodations.Existing law governs the hiring of real property based on the terms of the agreement or on the behavior of the parties. Existing law requires a landlord to change the locks of a tenants dwelling if that tenant is a victim of abuse or violence or has an immediate family member or household member who is a victim of abuse or violence, including alleged abuse or violence, as long as the tenant is not alleged to have committed the abuse or violence. Existing law requires a tenant requesting a lock change to provide the landlord with specified documentation.This bill would require a landlord to provide reasonable accommodations, as defined, at the request of a tenant who is a victim or whose family member is a victim of abuse or violence, as specified. The bill would require a landlord, upon receiving a request for a reasonable accommodation, to engage in a timely, good faith, and interactive process with the tenant to determine an effective accommodation, taking into account any exigent circumstances or danger facing the tenant or their family member. The bill would authorize a landlord to request certification from a tenant requesting a reasonable accommodation, as specified, and impose confidentiality requirements upon any certification or other documentation provided to the landlord, except as provided. The bill would require the landlord to provide written notice whether a request has been approved or denied, and, if denied, require the notice to detail the reasons for denial.Existing law prohibits a landlord from taking an adverse action, as defined, based on, among other things, a prospective tenant having previously requested to have their locks changed due to abuse or violence and provides that a landlord who violates this prohibition is liable to the tenant in a civil action for actual damages an statutory damages of not less than $100 and not more than $5,000.This bill would prohibit a landlord from retaliating or otherwise discriminating against a tenant for requesting a reasonable accommodation, as specified, and would provide that a landlord is liable to the tenant in a civil action for the same above-described damages, as provided.The bill would also specify that it does not require a landlord to undertake an action that constitutes an undue hardship on the landlord, as defined.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 1941.5.1 is added to the Civil Code, to read:1941.5.1. (a) For the purposes of this section, the following definitions apply:(1) Authorized disclosure means disclosure of a certification or other documentation in accordance with any of the following:(A) A requirement under federal or state law.(B) A necessity to protect a tenants safety in the unit.(C) Upon a tenants explicit authorization in writing.(2) Certification means any verbal or written statement, police or court record, or other documentation evidencing abuse or violence against a tenant, a tenants immediate family member, or a tenants household member, as provided by subdivision (d) of Section 1941.5.(3) Crime means a crime or public offense as set forth in Section 13951 of the Government Code, regardless of whether any person is arrested for, prosecuted for, or convicted of committing the crime.(4) Designated person means any individual related by blood or whose association with the tenant is the equivalent of a family relationship. The designated person may be identified by the tenant at the time the tenant requests a reasonable accommodation.(5) Domestic violence means any of the types of abuse set forth in Section 6211 of the Family Code.(6) Family member means a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner, as those terms are defined in Section 12945.2 of the Government Code, or a designated person.(7) Reasonable accommodation allows a tenant to have equal enjoyment and access to a unit and includes, but is not limited to, any of the following:(A) A unit transfer.(B) Reassignment of a parking space.(C) Installation of a doorbell camera.(D) Installation of a security camera inside a unit.(E) Additional time to move.(F) Additional time to pay rent.(G) Assistance with documenting domestic violence, sexual assault, stalking, or another act of violence as specified in subdivision (b) that occurs on the property.(H) Rescinding a move-out notice.(8) Request for a reasonable accommodation is a request made in accordance with any of the following:(A) May be made in any manner, orally or in writing, or through a representative.(B) Need not include the phrase reasonable accommodation.(C) May be made at any time, including, but not limited to, the following:(i) During the inquiry or application process.(ii) Before a lease is signed.(iii) While seeking or enjoying a housing opportunity.(iv) During a tenancy or occupancy of a unit.(v) During litigation.(vi) At or after trial.(vii) After judgment, in appropriate circumstances.(9) Retaliate means any adverse action taken by a landlord against a tenant in response to a request for reasonable accommodation, pursuant to subdivision (d) of Section 1942.5 and consistent with other applicable state law.(10) Timely means a response within five days, unless there are exigent circumstances.(b) A landlord shall provide a reasonable accommodation at the request of a tenant who is a victim or whose family member is a victim of an act that is any of the following:(1) Domestic violence.(2) Sexual assault, as defined in Section 261, 261.5, 286, 287, or 289 of the Penal Code.(3) Stalking, as defined in Section 1708.7.(4) Human trafficking, as defined in Section 236.1 of the Penal Code.(5) Abuse of an elder or a dependent adult, as defined in Section 15610.07 of the Welfare and Institutions Code.(6) A crime that caused bodily injury or death.(7) A crime that included the exhibition, drawing, brandishing, or use of a firearm or other deadly weapon or instrument.(8) A crime that included the use of force against the victim or a threat of force against the victim.(c) Upon receiving a request for a reasonable accommodation, a landlord shall engage in a timely, good faith, and interactive process with the tenant to determine an effective reasonable accommodation. In determining whether an accommodation is reasonable, the landlord shall take into account any exigent circumstances or danger facing the tenant or their family member.(d) The landlord may request certification from a tenant requesting a reasonable accommodation pursuant to this subdivision demonstrating the tenants status, or the tenants family members status, as a victim. If the tenant has previously provided a compliant certification, the tenant has complied with this subdivision.(1) Any certification or other documentation provided to a landlord identifying a tenant or the tenants family member as a victim shall be maintained as confidential by the landlord and shall not be disclosed by the landlord except in an authorized disclosure.(2) The tenant shall be given notice before any authorized disclosure of a certification or other documentation pursuant to this subdivision.(3) Furnishing evidence or providing a certification under this subdivision shall not waive any confidentiality or privilege that may exist between the tenant or tenants family member and a third party.(e) A landlords duty to provide reasonable accommodations is an ongoing one. Some individuals may require only one reasonable accommodation, while others may need more than one. A landlord shall consider each request for a reasonable accommodation separately under the standards in this section.(f) A landlord shall provide written notice whether a request has been approved or denied. If a request is denied, the landlord shall provide written notice detailing reasons for denial of accommodations.(g) A landlord shall not retaliate or otherwise discriminate against a tenant for requesting a reasonable accommodation under this section, regardless of whether the request was granted.(h) (1) A landlord who violates subdivision (g) shall be liable to the tenant in a civil action for both of the following:(A) Actual damages sustained by the tenant.(B) Statutory damages of not less than one hundred dollars ($100) and not more than five thousand dollars ($5,000).(2) The remedies provided by this subdivision shall be in addition to any other remedy provided by law.(i) This section does not require a landlord to undertake an action that constitutes an undue hardship on the landlord, as defined by Section 12926 of the Government Code. |
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| 3 | 3 | | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 878Introduced by Assembly Member KalraFebruary 19, 2025 An act to add Section 1941.5.1 to the Civil Code, relating to tenancies. LEGISLATIVE COUNSEL'S DIGESTAB 878, as introduced, Kalra. Victims of abuse or violence: reasonable accommodations.Existing law governs the hiring of real property based on the terms of the agreement or on the behavior of the parties. Existing law requires a landlord to change the locks of a tenants dwelling if that tenant is a victim of abuse or violence or has an immediate family member or household member who is a victim of abuse or violence, including alleged abuse or violence, as long as the tenant is not alleged to have committed the abuse or violence. Existing law requires a tenant requesting a lock change to provide the landlord with specified documentation.This bill would require a landlord to provide reasonable accommodations, as defined, at the request of a tenant who is a victim or whose family member is a victim of abuse or violence, as specified. The bill would require a landlord, upon receiving a request for a reasonable accommodation, to engage in a timely, good faith, and interactive process with the tenant to determine an effective accommodation, taking into account any exigent circumstances or danger facing the tenant or their family member. The bill would authorize a landlord to request certification from a tenant requesting a reasonable accommodation, as specified, and impose confidentiality requirements upon any certification or other documentation provided to the landlord, except as provided. The bill would require the landlord to provide written notice whether a request has been approved or denied, and, if denied, require the notice to detail the reasons for denial.Existing law prohibits a landlord from taking an adverse action, as defined, based on, among other things, a prospective tenant having previously requested to have their locks changed due to abuse or violence and provides that a landlord who violates this prohibition is liable to the tenant in a civil action for actual damages an statutory damages of not less than $100 and not more than $5,000.This bill would prohibit a landlord from retaliating or otherwise discriminating against a tenant for requesting a reasonable accommodation, as specified, and would provide that a landlord is liable to the tenant in a civil action for the same above-described damages, as provided.The bill would also specify that it does not require a landlord to undertake an action that constitutes an undue hardship on the landlord, as defined.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION |
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| 11 | 11 | | Assembly Bill |
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| 13 | 13 | | No. 878 |
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| 15 | 15 | | Introduced by Assembly Member KalraFebruary 19, 2025 |
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| 17 | 17 | | Introduced by Assembly Member Kalra |
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| 18 | 18 | | February 19, 2025 |
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| 20 | 20 | | An act to add Section 1941.5.1 to the Civil Code, relating to tenancies. |
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| 22 | 22 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 24 | 24 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 25 | 25 | | |
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| 26 | 26 | | AB 878, as introduced, Kalra. Victims of abuse or violence: reasonable accommodations. |
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| 28 | 28 | | Existing law governs the hiring of real property based on the terms of the agreement or on the behavior of the parties. Existing law requires a landlord to change the locks of a tenants dwelling if that tenant is a victim of abuse or violence or has an immediate family member or household member who is a victim of abuse or violence, including alleged abuse or violence, as long as the tenant is not alleged to have committed the abuse or violence. Existing law requires a tenant requesting a lock change to provide the landlord with specified documentation.This bill would require a landlord to provide reasonable accommodations, as defined, at the request of a tenant who is a victim or whose family member is a victim of abuse or violence, as specified. The bill would require a landlord, upon receiving a request for a reasonable accommodation, to engage in a timely, good faith, and interactive process with the tenant to determine an effective accommodation, taking into account any exigent circumstances or danger facing the tenant or their family member. The bill would authorize a landlord to request certification from a tenant requesting a reasonable accommodation, as specified, and impose confidentiality requirements upon any certification or other documentation provided to the landlord, except as provided. The bill would require the landlord to provide written notice whether a request has been approved or denied, and, if denied, require the notice to detail the reasons for denial.Existing law prohibits a landlord from taking an adverse action, as defined, based on, among other things, a prospective tenant having previously requested to have their locks changed due to abuse or violence and provides that a landlord who violates this prohibition is liable to the tenant in a civil action for actual damages an statutory damages of not less than $100 and not more than $5,000.This bill would prohibit a landlord from retaliating or otherwise discriminating against a tenant for requesting a reasonable accommodation, as specified, and would provide that a landlord is liable to the tenant in a civil action for the same above-described damages, as provided.The bill would also specify that it does not require a landlord to undertake an action that constitutes an undue hardship on the landlord, as defined. |
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| 30 | 30 | | Existing law governs the hiring of real property based on the terms of the agreement or on the behavior of the parties. Existing law requires a landlord to change the locks of a tenants dwelling if that tenant is a victim of abuse or violence or has an immediate family member or household member who is a victim of abuse or violence, including alleged abuse or violence, as long as the tenant is not alleged to have committed the abuse or violence. Existing law requires a tenant requesting a lock change to provide the landlord with specified documentation. |
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| 32 | 32 | | This bill would require a landlord to provide reasonable accommodations, as defined, at the request of a tenant who is a victim or whose family member is a victim of abuse or violence, as specified. The bill would require a landlord, upon receiving a request for a reasonable accommodation, to engage in a timely, good faith, and interactive process with the tenant to determine an effective accommodation, taking into account any exigent circumstances or danger facing the tenant or their family member. The bill would authorize a landlord to request certification from a tenant requesting a reasonable accommodation, as specified, and impose confidentiality requirements upon any certification or other documentation provided to the landlord, except as provided. The bill would require the landlord to provide written notice whether a request has been approved or denied, and, if denied, require the notice to detail the reasons for denial. |
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| 34 | 34 | | Existing law prohibits a landlord from taking an adverse action, as defined, based on, among other things, a prospective tenant having previously requested to have their locks changed due to abuse or violence and provides that a landlord who violates this prohibition is liable to the tenant in a civil action for actual damages an statutory damages of not less than $100 and not more than $5,000. |
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| 36 | 36 | | This bill would prohibit a landlord from retaliating or otherwise discriminating against a tenant for requesting a reasonable accommodation, as specified, and would provide that a landlord is liable to the tenant in a civil action for the same above-described damages, as provided. |
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| 37 | 37 | | |
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| 38 | 38 | | The bill would also specify that it does not require a landlord to undertake an action that constitutes an undue hardship on the landlord, as defined. |
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| 39 | 39 | | |
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| 40 | 40 | | ## Digest Key |
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| 42 | 42 | | ## Bill Text |
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| 44 | 44 | | The people of the State of California do enact as follows:SECTION 1. Section 1941.5.1 is added to the Civil Code, to read:1941.5.1. (a) For the purposes of this section, the following definitions apply:(1) Authorized disclosure means disclosure of a certification or other documentation in accordance with any of the following:(A) A requirement under federal or state law.(B) A necessity to protect a tenants safety in the unit.(C) Upon a tenants explicit authorization in writing.(2) Certification means any verbal or written statement, police or court record, or other documentation evidencing abuse or violence against a tenant, a tenants immediate family member, or a tenants household member, as provided by subdivision (d) of Section 1941.5.(3) Crime means a crime or public offense as set forth in Section 13951 of the Government Code, regardless of whether any person is arrested for, prosecuted for, or convicted of committing the crime.(4) Designated person means any individual related by blood or whose association with the tenant is the equivalent of a family relationship. The designated person may be identified by the tenant at the time the tenant requests a reasonable accommodation.(5) Domestic violence means any of the types of abuse set forth in Section 6211 of the Family Code.(6) Family member means a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner, as those terms are defined in Section 12945.2 of the Government Code, or a designated person.(7) Reasonable accommodation allows a tenant to have equal enjoyment and access to a unit and includes, but is not limited to, any of the following:(A) A unit transfer.(B) Reassignment of a parking space.(C) Installation of a doorbell camera.(D) Installation of a security camera inside a unit.(E) Additional time to move.(F) Additional time to pay rent.(G) Assistance with documenting domestic violence, sexual assault, stalking, or another act of violence as specified in subdivision (b) that occurs on the property.(H) Rescinding a move-out notice.(8) Request for a reasonable accommodation is a request made in accordance with any of the following:(A) May be made in any manner, orally or in writing, or through a representative.(B) Need not include the phrase reasonable accommodation.(C) May be made at any time, including, but not limited to, the following:(i) During the inquiry or application process.(ii) Before a lease is signed.(iii) While seeking or enjoying a housing opportunity.(iv) During a tenancy or occupancy of a unit.(v) During litigation.(vi) At or after trial.(vii) After judgment, in appropriate circumstances.(9) Retaliate means any adverse action taken by a landlord against a tenant in response to a request for reasonable accommodation, pursuant to subdivision (d) of Section 1942.5 and consistent with other applicable state law.(10) Timely means a response within five days, unless there are exigent circumstances.(b) A landlord shall provide a reasonable accommodation at the request of a tenant who is a victim or whose family member is a victim of an act that is any of the following:(1) Domestic violence.(2) Sexual assault, as defined in Section 261, 261.5, 286, 287, or 289 of the Penal Code.(3) Stalking, as defined in Section 1708.7.(4) Human trafficking, as defined in Section 236.1 of the Penal Code.(5) Abuse of an elder or a dependent adult, as defined in Section 15610.07 of the Welfare and Institutions Code.(6) A crime that caused bodily injury or death.(7) A crime that included the exhibition, drawing, brandishing, or use of a firearm or other deadly weapon or instrument.(8) A crime that included the use of force against the victim or a threat of force against the victim.(c) Upon receiving a request for a reasonable accommodation, a landlord shall engage in a timely, good faith, and interactive process with the tenant to determine an effective reasonable accommodation. In determining whether an accommodation is reasonable, the landlord shall take into account any exigent circumstances or danger facing the tenant or their family member.(d) The landlord may request certification from a tenant requesting a reasonable accommodation pursuant to this subdivision demonstrating the tenants status, or the tenants family members status, as a victim. If the tenant has previously provided a compliant certification, the tenant has complied with this subdivision.(1) Any certification or other documentation provided to a landlord identifying a tenant or the tenants family member as a victim shall be maintained as confidential by the landlord and shall not be disclosed by the landlord except in an authorized disclosure.(2) The tenant shall be given notice before any authorized disclosure of a certification or other documentation pursuant to this subdivision.(3) Furnishing evidence or providing a certification under this subdivision shall not waive any confidentiality or privilege that may exist between the tenant or tenants family member and a third party.(e) A landlords duty to provide reasonable accommodations is an ongoing one. Some individuals may require only one reasonable accommodation, while others may need more than one. A landlord shall consider each request for a reasonable accommodation separately under the standards in this section.(f) A landlord shall provide written notice whether a request has been approved or denied. If a request is denied, the landlord shall provide written notice detailing reasons for denial of accommodations.(g) A landlord shall not retaliate or otherwise discriminate against a tenant for requesting a reasonable accommodation under this section, regardless of whether the request was granted.(h) (1) A landlord who violates subdivision (g) shall be liable to the tenant in a civil action for both of the following:(A) Actual damages sustained by the tenant.(B) Statutory damages of not less than one hundred dollars ($100) and not more than five thousand dollars ($5,000).(2) The remedies provided by this subdivision shall be in addition to any other remedy provided by law.(i) This section does not require a landlord to undertake an action that constitutes an undue hardship on the landlord, as defined by Section 12926 of the Government Code. |
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| 46 | 46 | | The people of the State of California do enact as follows: |
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| 48 | 48 | | ## The people of the State of California do enact as follows: |
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| 50 | 50 | | SECTION 1. Section 1941.5.1 is added to the Civil Code, to read:1941.5.1. (a) For the purposes of this section, the following definitions apply:(1) Authorized disclosure means disclosure of a certification or other documentation in accordance with any of the following:(A) A requirement under federal or state law.(B) A necessity to protect a tenants safety in the unit.(C) Upon a tenants explicit authorization in writing.(2) Certification means any verbal or written statement, police or court record, or other documentation evidencing abuse or violence against a tenant, a tenants immediate family member, or a tenants household member, as provided by subdivision (d) of Section 1941.5.(3) Crime means a crime or public offense as set forth in Section 13951 of the Government Code, regardless of whether any person is arrested for, prosecuted for, or convicted of committing the crime.(4) Designated person means any individual related by blood or whose association with the tenant is the equivalent of a family relationship. The designated person may be identified by the tenant at the time the tenant requests a reasonable accommodation.(5) Domestic violence means any of the types of abuse set forth in Section 6211 of the Family Code.(6) Family member means a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner, as those terms are defined in Section 12945.2 of the Government Code, or a designated person.(7) Reasonable accommodation allows a tenant to have equal enjoyment and access to a unit and includes, but is not limited to, any of the following:(A) A unit transfer.(B) Reassignment of a parking space.(C) Installation of a doorbell camera.(D) Installation of a security camera inside a unit.(E) Additional time to move.(F) Additional time to pay rent.(G) Assistance with documenting domestic violence, sexual assault, stalking, or another act of violence as specified in subdivision (b) that occurs on the property.(H) Rescinding a move-out notice.(8) Request for a reasonable accommodation is a request made in accordance with any of the following:(A) May be made in any manner, orally or in writing, or through a representative.(B) Need not include the phrase reasonable accommodation.(C) May be made at any time, including, but not limited to, the following:(i) During the inquiry or application process.(ii) Before a lease is signed.(iii) While seeking or enjoying a housing opportunity.(iv) During a tenancy or occupancy of a unit.(v) During litigation.(vi) At or after trial.(vii) After judgment, in appropriate circumstances.(9) Retaliate means any adverse action taken by a landlord against a tenant in response to a request for reasonable accommodation, pursuant to subdivision (d) of Section 1942.5 and consistent with other applicable state law.(10) Timely means a response within five days, unless there are exigent circumstances.(b) A landlord shall provide a reasonable accommodation at the request of a tenant who is a victim or whose family member is a victim of an act that is any of the following:(1) Domestic violence.(2) Sexual assault, as defined in Section 261, 261.5, 286, 287, or 289 of the Penal Code.(3) Stalking, as defined in Section 1708.7.(4) Human trafficking, as defined in Section 236.1 of the Penal Code.(5) Abuse of an elder or a dependent adult, as defined in Section 15610.07 of the Welfare and Institutions Code.(6) A crime that caused bodily injury or death.(7) A crime that included the exhibition, drawing, brandishing, or use of a firearm or other deadly weapon or instrument.(8) A crime that included the use of force against the victim or a threat of force against the victim.(c) Upon receiving a request for a reasonable accommodation, a landlord shall engage in a timely, good faith, and interactive process with the tenant to determine an effective reasonable accommodation. In determining whether an accommodation is reasonable, the landlord shall take into account any exigent circumstances or danger facing the tenant or their family member.(d) The landlord may request certification from a tenant requesting a reasonable accommodation pursuant to this subdivision demonstrating the tenants status, or the tenants family members status, as a victim. If the tenant has previously provided a compliant certification, the tenant has complied with this subdivision.(1) Any certification or other documentation provided to a landlord identifying a tenant or the tenants family member as a victim shall be maintained as confidential by the landlord and shall not be disclosed by the landlord except in an authorized disclosure.(2) The tenant shall be given notice before any authorized disclosure of a certification or other documentation pursuant to this subdivision.(3) Furnishing evidence or providing a certification under this subdivision shall not waive any confidentiality or privilege that may exist between the tenant or tenants family member and a third party.(e) A landlords duty to provide reasonable accommodations is an ongoing one. Some individuals may require only one reasonable accommodation, while others may need more than one. A landlord shall consider each request for a reasonable accommodation separately under the standards in this section.(f) A landlord shall provide written notice whether a request has been approved or denied. If a request is denied, the landlord shall provide written notice detailing reasons for denial of accommodations.(g) A landlord shall not retaliate or otherwise discriminate against a tenant for requesting a reasonable accommodation under this section, regardless of whether the request was granted.(h) (1) A landlord who violates subdivision (g) shall be liable to the tenant in a civil action for both of the following:(A) Actual damages sustained by the tenant.(B) Statutory damages of not less than one hundred dollars ($100) and not more than five thousand dollars ($5,000).(2) The remedies provided by this subdivision shall be in addition to any other remedy provided by law.(i) This section does not require a landlord to undertake an action that constitutes an undue hardship on the landlord, as defined by Section 12926 of the Government Code. |
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| 52 | 52 | | SECTION 1. Section 1941.5.1 is added to the Civil Code, to read: |
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| 54 | 54 | | ### SECTION 1. |
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| 56 | 56 | | 1941.5.1. (a) For the purposes of this section, the following definitions apply:(1) Authorized disclosure means disclosure of a certification or other documentation in accordance with any of the following:(A) A requirement under federal or state law.(B) A necessity to protect a tenants safety in the unit.(C) Upon a tenants explicit authorization in writing.(2) Certification means any verbal or written statement, police or court record, or other documentation evidencing abuse or violence against a tenant, a tenants immediate family member, or a tenants household member, as provided by subdivision (d) of Section 1941.5.(3) Crime means a crime or public offense as set forth in Section 13951 of the Government Code, regardless of whether any person is arrested for, prosecuted for, or convicted of committing the crime.(4) Designated person means any individual related by blood or whose association with the tenant is the equivalent of a family relationship. The designated person may be identified by the tenant at the time the tenant requests a reasonable accommodation.(5) Domestic violence means any of the types of abuse set forth in Section 6211 of the Family Code.(6) Family member means a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner, as those terms are defined in Section 12945.2 of the Government Code, or a designated person.(7) Reasonable accommodation allows a tenant to have equal enjoyment and access to a unit and includes, but is not limited to, any of the following:(A) A unit transfer.(B) Reassignment of a parking space.(C) Installation of a doorbell camera.(D) Installation of a security camera inside a unit.(E) Additional time to move.(F) Additional time to pay rent.(G) Assistance with documenting domestic violence, sexual assault, stalking, or another act of violence as specified in subdivision (b) that occurs on the property.(H) Rescinding a move-out notice.(8) Request for a reasonable accommodation is a request made in accordance with any of the following:(A) May be made in any manner, orally or in writing, or through a representative.(B) Need not include the phrase reasonable accommodation.(C) May be made at any time, including, but not limited to, the following:(i) During the inquiry or application process.(ii) Before a lease is signed.(iii) While seeking or enjoying a housing opportunity.(iv) During a tenancy or occupancy of a unit.(v) During litigation.(vi) At or after trial.(vii) After judgment, in appropriate circumstances.(9) Retaliate means any adverse action taken by a landlord against a tenant in response to a request for reasonable accommodation, pursuant to subdivision (d) of Section 1942.5 and consistent with other applicable state law.(10) Timely means a response within five days, unless there are exigent circumstances.(b) A landlord shall provide a reasonable accommodation at the request of a tenant who is a victim or whose family member is a victim of an act that is any of the following:(1) Domestic violence.(2) Sexual assault, as defined in Section 261, 261.5, 286, 287, or 289 of the Penal Code.(3) Stalking, as defined in Section 1708.7.(4) Human trafficking, as defined in Section 236.1 of the Penal Code.(5) Abuse of an elder or a dependent adult, as defined in Section 15610.07 of the Welfare and Institutions Code.(6) A crime that caused bodily injury or death.(7) A crime that included the exhibition, drawing, brandishing, or use of a firearm or other deadly weapon or instrument.(8) A crime that included the use of force against the victim or a threat of force against the victim.(c) Upon receiving a request for a reasonable accommodation, a landlord shall engage in a timely, good faith, and interactive process with the tenant to determine an effective reasonable accommodation. In determining whether an accommodation is reasonable, the landlord shall take into account any exigent circumstances or danger facing the tenant or their family member.(d) The landlord may request certification from a tenant requesting a reasonable accommodation pursuant to this subdivision demonstrating the tenants status, or the tenants family members status, as a victim. If the tenant has previously provided a compliant certification, the tenant has complied with this subdivision.(1) Any certification or other documentation provided to a landlord identifying a tenant or the tenants family member as a victim shall be maintained as confidential by the landlord and shall not be disclosed by the landlord except in an authorized disclosure.(2) The tenant shall be given notice before any authorized disclosure of a certification or other documentation pursuant to this subdivision.(3) Furnishing evidence or providing a certification under this subdivision shall not waive any confidentiality or privilege that may exist between the tenant or tenants family member and a third party.(e) A landlords duty to provide reasonable accommodations is an ongoing one. Some individuals may require only one reasonable accommodation, while others may need more than one. A landlord shall consider each request for a reasonable accommodation separately under the standards in this section.(f) A landlord shall provide written notice whether a request has been approved or denied. If a request is denied, the landlord shall provide written notice detailing reasons for denial of accommodations.(g) A landlord shall not retaliate or otherwise discriminate against a tenant for requesting a reasonable accommodation under this section, regardless of whether the request was granted.(h) (1) A landlord who violates subdivision (g) shall be liable to the tenant in a civil action for both of the following:(A) Actual damages sustained by the tenant.(B) Statutory damages of not less than one hundred dollars ($100) and not more than five thousand dollars ($5,000).(2) The remedies provided by this subdivision shall be in addition to any other remedy provided by law.(i) This section does not require a landlord to undertake an action that constitutes an undue hardship on the landlord, as defined by Section 12926 of the Government Code. |
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| 58 | 58 | | 1941.5.1. (a) For the purposes of this section, the following definitions apply:(1) Authorized disclosure means disclosure of a certification or other documentation in accordance with any of the following:(A) A requirement under federal or state law.(B) A necessity to protect a tenants safety in the unit.(C) Upon a tenants explicit authorization in writing.(2) Certification means any verbal or written statement, police or court record, or other documentation evidencing abuse or violence against a tenant, a tenants immediate family member, or a tenants household member, as provided by subdivision (d) of Section 1941.5.(3) Crime means a crime or public offense as set forth in Section 13951 of the Government Code, regardless of whether any person is arrested for, prosecuted for, or convicted of committing the crime.(4) Designated person means any individual related by blood or whose association with the tenant is the equivalent of a family relationship. The designated person may be identified by the tenant at the time the tenant requests a reasonable accommodation.(5) Domestic violence means any of the types of abuse set forth in Section 6211 of the Family Code.(6) Family member means a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner, as those terms are defined in Section 12945.2 of the Government Code, or a designated person.(7) Reasonable accommodation allows a tenant to have equal enjoyment and access to a unit and includes, but is not limited to, any of the following:(A) A unit transfer.(B) Reassignment of a parking space.(C) Installation of a doorbell camera.(D) Installation of a security camera inside a unit.(E) Additional time to move.(F) Additional time to pay rent.(G) Assistance with documenting domestic violence, sexual assault, stalking, or another act of violence as specified in subdivision (b) that occurs on the property.(H) Rescinding a move-out notice.(8) Request for a reasonable accommodation is a request made in accordance with any of the following:(A) May be made in any manner, orally or in writing, or through a representative.(B) Need not include the phrase reasonable accommodation.(C) May be made at any time, including, but not limited to, the following:(i) During the inquiry or application process.(ii) Before a lease is signed.(iii) While seeking or enjoying a housing opportunity.(iv) During a tenancy or occupancy of a unit.(v) During litigation.(vi) At or after trial.(vii) After judgment, in appropriate circumstances.(9) Retaliate means any adverse action taken by a landlord against a tenant in response to a request for reasonable accommodation, pursuant to subdivision (d) of Section 1942.5 and consistent with other applicable state law.(10) Timely means a response within five days, unless there are exigent circumstances.(b) A landlord shall provide a reasonable accommodation at the request of a tenant who is a victim or whose family member is a victim of an act that is any of the following:(1) Domestic violence.(2) Sexual assault, as defined in Section 261, 261.5, 286, 287, or 289 of the Penal Code.(3) Stalking, as defined in Section 1708.7.(4) Human trafficking, as defined in Section 236.1 of the Penal Code.(5) Abuse of an elder or a dependent adult, as defined in Section 15610.07 of the Welfare and Institutions Code.(6) A crime that caused bodily injury or death.(7) A crime that included the exhibition, drawing, brandishing, or use of a firearm or other deadly weapon or instrument.(8) A crime that included the use of force against the victim or a threat of force against the victim.(c) Upon receiving a request for a reasonable accommodation, a landlord shall engage in a timely, good faith, and interactive process with the tenant to determine an effective reasonable accommodation. In determining whether an accommodation is reasonable, the landlord shall take into account any exigent circumstances or danger facing the tenant or their family member.(d) The landlord may request certification from a tenant requesting a reasonable accommodation pursuant to this subdivision demonstrating the tenants status, or the tenants family members status, as a victim. If the tenant has previously provided a compliant certification, the tenant has complied with this subdivision.(1) Any certification or other documentation provided to a landlord identifying a tenant or the tenants family member as a victim shall be maintained as confidential by the landlord and shall not be disclosed by the landlord except in an authorized disclosure.(2) The tenant shall be given notice before any authorized disclosure of a certification or other documentation pursuant to this subdivision.(3) Furnishing evidence or providing a certification under this subdivision shall not waive any confidentiality or privilege that may exist between the tenant or tenants family member and a third party.(e) A landlords duty to provide reasonable accommodations is an ongoing one. Some individuals may require only one reasonable accommodation, while others may need more than one. A landlord shall consider each request for a reasonable accommodation separately under the standards in this section.(f) A landlord shall provide written notice whether a request has been approved or denied. If a request is denied, the landlord shall provide written notice detailing reasons for denial of accommodations.(g) A landlord shall not retaliate or otherwise discriminate against a tenant for requesting a reasonable accommodation under this section, regardless of whether the request was granted.(h) (1) A landlord who violates subdivision (g) shall be liable to the tenant in a civil action for both of the following:(A) Actual damages sustained by the tenant.(B) Statutory damages of not less than one hundred dollars ($100) and not more than five thousand dollars ($5,000).(2) The remedies provided by this subdivision shall be in addition to any other remedy provided by law.(i) This section does not require a landlord to undertake an action that constitutes an undue hardship on the landlord, as defined by Section 12926 of the Government Code. |
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| 59 | 59 | | |
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| 60 | 60 | | 1941.5.1. (a) For the purposes of this section, the following definitions apply:(1) Authorized disclosure means disclosure of a certification or other documentation in accordance with any of the following:(A) A requirement under federal or state law.(B) A necessity to protect a tenants safety in the unit.(C) Upon a tenants explicit authorization in writing.(2) Certification means any verbal or written statement, police or court record, or other documentation evidencing abuse or violence against a tenant, a tenants immediate family member, or a tenants household member, as provided by subdivision (d) of Section 1941.5.(3) Crime means a crime or public offense as set forth in Section 13951 of the Government Code, regardless of whether any person is arrested for, prosecuted for, or convicted of committing the crime.(4) Designated person means any individual related by blood or whose association with the tenant is the equivalent of a family relationship. The designated person may be identified by the tenant at the time the tenant requests a reasonable accommodation.(5) Domestic violence means any of the types of abuse set forth in Section 6211 of the Family Code.(6) Family member means a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner, as those terms are defined in Section 12945.2 of the Government Code, or a designated person.(7) Reasonable accommodation allows a tenant to have equal enjoyment and access to a unit and includes, but is not limited to, any of the following:(A) A unit transfer.(B) Reassignment of a parking space.(C) Installation of a doorbell camera.(D) Installation of a security camera inside a unit.(E) Additional time to move.(F) Additional time to pay rent.(G) Assistance with documenting domestic violence, sexual assault, stalking, or another act of violence as specified in subdivision (b) that occurs on the property.(H) Rescinding a move-out notice.(8) Request for a reasonable accommodation is a request made in accordance with any of the following:(A) May be made in any manner, orally or in writing, or through a representative.(B) Need not include the phrase reasonable accommodation.(C) May be made at any time, including, but not limited to, the following:(i) During the inquiry or application process.(ii) Before a lease is signed.(iii) While seeking or enjoying a housing opportunity.(iv) During a tenancy or occupancy of a unit.(v) During litigation.(vi) At or after trial.(vii) After judgment, in appropriate circumstances.(9) Retaliate means any adverse action taken by a landlord against a tenant in response to a request for reasonable accommodation, pursuant to subdivision (d) of Section 1942.5 and consistent with other applicable state law.(10) Timely means a response within five days, unless there are exigent circumstances.(b) A landlord shall provide a reasonable accommodation at the request of a tenant who is a victim or whose family member is a victim of an act that is any of the following:(1) Domestic violence.(2) Sexual assault, as defined in Section 261, 261.5, 286, 287, or 289 of the Penal Code.(3) Stalking, as defined in Section 1708.7.(4) Human trafficking, as defined in Section 236.1 of the Penal Code.(5) Abuse of an elder or a dependent adult, as defined in Section 15610.07 of the Welfare and Institutions Code.(6) A crime that caused bodily injury or death.(7) A crime that included the exhibition, drawing, brandishing, or use of a firearm or other deadly weapon or instrument.(8) A crime that included the use of force against the victim or a threat of force against the victim.(c) Upon receiving a request for a reasonable accommodation, a landlord shall engage in a timely, good faith, and interactive process with the tenant to determine an effective reasonable accommodation. In determining whether an accommodation is reasonable, the landlord shall take into account any exigent circumstances or danger facing the tenant or their family member.(d) The landlord may request certification from a tenant requesting a reasonable accommodation pursuant to this subdivision demonstrating the tenants status, or the tenants family members status, as a victim. If the tenant has previously provided a compliant certification, the tenant has complied with this subdivision.(1) Any certification or other documentation provided to a landlord identifying a tenant or the tenants family member as a victim shall be maintained as confidential by the landlord and shall not be disclosed by the landlord except in an authorized disclosure.(2) The tenant shall be given notice before any authorized disclosure of a certification or other documentation pursuant to this subdivision.(3) Furnishing evidence or providing a certification under this subdivision shall not waive any confidentiality or privilege that may exist between the tenant or tenants family member and a third party.(e) A landlords duty to provide reasonable accommodations is an ongoing one. Some individuals may require only one reasonable accommodation, while others may need more than one. A landlord shall consider each request for a reasonable accommodation separately under the standards in this section.(f) A landlord shall provide written notice whether a request has been approved or denied. If a request is denied, the landlord shall provide written notice detailing reasons for denial of accommodations.(g) A landlord shall not retaliate or otherwise discriminate against a tenant for requesting a reasonable accommodation under this section, regardless of whether the request was granted.(h) (1) A landlord who violates subdivision (g) shall be liable to the tenant in a civil action for both of the following:(A) Actual damages sustained by the tenant.(B) Statutory damages of not less than one hundred dollars ($100) and not more than five thousand dollars ($5,000).(2) The remedies provided by this subdivision shall be in addition to any other remedy provided by law.(i) This section does not require a landlord to undertake an action that constitutes an undue hardship on the landlord, as defined by Section 12926 of the Government Code. |
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| 61 | 61 | | |
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| 62 | 62 | | |
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| 63 | 63 | | |
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| 64 | 64 | | 1941.5.1. (a) For the purposes of this section, the following definitions apply: |
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| 65 | 65 | | |
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| 66 | 66 | | (1) Authorized disclosure means disclosure of a certification or other documentation in accordance with any of the following: |
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| 67 | 67 | | |
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| 68 | 68 | | (A) A requirement under federal or state law. |
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| 69 | 69 | | |
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| 70 | 70 | | (B) A necessity to protect a tenants safety in the unit. |
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| 71 | 71 | | |
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| 72 | 72 | | (C) Upon a tenants explicit authorization in writing. |
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| 73 | 73 | | |
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| 74 | 74 | | (2) Certification means any verbal or written statement, police or court record, or other documentation evidencing abuse or violence against a tenant, a tenants immediate family member, or a tenants household member, as provided by subdivision (d) of Section 1941.5. |
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| 75 | 75 | | |
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| 76 | 76 | | (3) Crime means a crime or public offense as set forth in Section 13951 of the Government Code, regardless of whether any person is arrested for, prosecuted for, or convicted of committing the crime. |
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| 77 | 77 | | |
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| 78 | 78 | | (4) Designated person means any individual related by blood or whose association with the tenant is the equivalent of a family relationship. The designated person may be identified by the tenant at the time the tenant requests a reasonable accommodation. |
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| 79 | 79 | | |
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| 80 | 80 | | (5) Domestic violence means any of the types of abuse set forth in Section 6211 of the Family Code. |
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| 81 | 81 | | |
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| 82 | 82 | | (6) Family member means a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner, as those terms are defined in Section 12945.2 of the Government Code, or a designated person. |
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| 83 | 83 | | |
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| 84 | 84 | | (7) Reasonable accommodation allows a tenant to have equal enjoyment and access to a unit and includes, but is not limited to, any of the following: |
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| 85 | 85 | | |
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| 86 | 86 | | (A) A unit transfer. |
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| 87 | 87 | | |
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| 88 | 88 | | (B) Reassignment of a parking space. |
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| 89 | 89 | | |
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| 90 | 90 | | (C) Installation of a doorbell camera. |
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| 91 | 91 | | |
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| 92 | 92 | | (D) Installation of a security camera inside a unit. |
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| 93 | 93 | | |
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| 94 | 94 | | (E) Additional time to move. |
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| 95 | 95 | | |
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| 96 | 96 | | (F) Additional time to pay rent. |
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| 97 | 97 | | |
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| 98 | 98 | | (G) Assistance with documenting domestic violence, sexual assault, stalking, or another act of violence as specified in subdivision (b) that occurs on the property. |
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| 99 | 99 | | |
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| 100 | 100 | | (H) Rescinding a move-out notice. |
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| 101 | 101 | | |
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| 102 | 102 | | (8) Request for a reasonable accommodation is a request made in accordance with any of the following: |
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| 103 | 103 | | |
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| 104 | 104 | | (A) May be made in any manner, orally or in writing, or through a representative. |
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| 105 | 105 | | |
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| 106 | 106 | | (B) Need not include the phrase reasonable accommodation. |
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| 107 | 107 | | |
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| 108 | 108 | | (C) May be made at any time, including, but not limited to, the following: |
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| 109 | 109 | | |
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| 110 | 110 | | (i) During the inquiry or application process. |
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| 111 | 111 | | |
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| 112 | 112 | | (ii) Before a lease is signed. |
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| 113 | 113 | | |
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| 114 | 114 | | (iii) While seeking or enjoying a housing opportunity. |
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| 115 | 115 | | |
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| 116 | 116 | | (iv) During a tenancy or occupancy of a unit. |
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| 117 | 117 | | |
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| 118 | 118 | | (v) During litigation. |
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| 119 | 119 | | |
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| 120 | 120 | | (vi) At or after trial. |
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| 121 | 121 | | |
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| 122 | 122 | | (vii) After judgment, in appropriate circumstances. |
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| 123 | 123 | | |
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| 124 | 124 | | (9) Retaliate means any adverse action taken by a landlord against a tenant in response to a request for reasonable accommodation, pursuant to subdivision (d) of Section 1942.5 and consistent with other applicable state law. |
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| 125 | 125 | | |
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| 126 | 126 | | (10) Timely means a response within five days, unless there are exigent circumstances. |
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| 127 | 127 | | |
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| 128 | 128 | | (b) A landlord shall provide a reasonable accommodation at the request of a tenant who is a victim or whose family member is a victim of an act that is any of the following: |
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| 129 | 129 | | |
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| 130 | 130 | | (1) Domestic violence. |
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| 131 | 131 | | |
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| 132 | 132 | | (2) Sexual assault, as defined in Section 261, 261.5, 286, 287, or 289 of the Penal Code. |
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| 133 | 133 | | |
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| 134 | 134 | | (3) Stalking, as defined in Section 1708.7. |
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| 135 | 135 | | |
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| 136 | 136 | | (4) Human trafficking, as defined in Section 236.1 of the Penal Code. |
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| 137 | 137 | | |
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| 138 | 138 | | (5) Abuse of an elder or a dependent adult, as defined in Section 15610.07 of the Welfare and Institutions Code. |
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| 139 | 139 | | |
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| 140 | 140 | | (6) A crime that caused bodily injury or death. |
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| 141 | 141 | | |
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| 142 | 142 | | (7) A crime that included the exhibition, drawing, brandishing, or use of a firearm or other deadly weapon or instrument. |
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| 143 | 143 | | |
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| 144 | 144 | | (8) A crime that included the use of force against the victim or a threat of force against the victim. |
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| 145 | 145 | | |
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| 146 | 146 | | (c) Upon receiving a request for a reasonable accommodation, a landlord shall engage in a timely, good faith, and interactive process with the tenant to determine an effective reasonable accommodation. In determining whether an accommodation is reasonable, the landlord shall take into account any exigent circumstances or danger facing the tenant or their family member. |
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| 147 | 147 | | |
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| 148 | 148 | | (d) The landlord may request certification from a tenant requesting a reasonable accommodation pursuant to this subdivision demonstrating the tenants status, or the tenants family members status, as a victim. If the tenant has previously provided a compliant certification, the tenant has complied with this subdivision. |
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| 149 | 149 | | |
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| 150 | 150 | | (1) Any certification or other documentation provided to a landlord identifying a tenant or the tenants family member as a victim shall be maintained as confidential by the landlord and shall not be disclosed by the landlord except in an authorized disclosure. |
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| 151 | 151 | | |
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| 152 | 152 | | (2) The tenant shall be given notice before any authorized disclosure of a certification or other documentation pursuant to this subdivision. |
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| 153 | 153 | | |
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| 154 | 154 | | (3) Furnishing evidence or providing a certification under this subdivision shall not waive any confidentiality or privilege that may exist between the tenant or tenants family member and a third party. |
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| 155 | 155 | | |
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| 156 | 156 | | (e) A landlords duty to provide reasonable accommodations is an ongoing one. Some individuals may require only one reasonable accommodation, while others may need more than one. A landlord shall consider each request for a reasonable accommodation separately under the standards in this section. |
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| 157 | 157 | | |
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| 158 | 158 | | (f) A landlord shall provide written notice whether a request has been approved or denied. If a request is denied, the landlord shall provide written notice detailing reasons for denial of accommodations. |
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| 159 | 159 | | |
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| 160 | 160 | | (g) A landlord shall not retaliate or otherwise discriminate against a tenant for requesting a reasonable accommodation under this section, regardless of whether the request was granted. |
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| 161 | 161 | | |
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| 162 | 162 | | (h) (1) A landlord who violates subdivision (g) shall be liable to the tenant in a civil action for both of the following: |
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| 163 | 163 | | |
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| 164 | 164 | | (A) Actual damages sustained by the tenant. |
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| 165 | 165 | | |
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| 166 | 166 | | (B) Statutory damages of not less than one hundred dollars ($100) and not more than five thousand dollars ($5,000). |
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| 167 | 167 | | |
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| 168 | 168 | | (2) The remedies provided by this subdivision shall be in addition to any other remedy provided by law. |
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| 169 | 169 | | |
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| 170 | 170 | | (i) This section does not require a landlord to undertake an action that constitutes an undue hardship on the landlord, as defined by Section 12926 of the Government Code. |
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