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<ns0:Id>20250SB__052297AMD</ns0:Id>
<ns0:VersionNum>97</ns0:VersionNum>
<ns0:History>
<ns0:Action>
<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2025-02-19</ns0:ActionDate>
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<ns0:Action>
<ns0:ActionText>AMENDED_SENATE</ns0:ActionText>
<ns0:ActionDate>2025-03-28</ns0:ActionDate>
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<ns0:ActionDate>2025-09-03</ns0:ActionDate>
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<ns0:SessionYear>2025</ns0:SessionYear>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Senator Wahab</ns0:AuthorText>
<ns0:AuthorText authorType="COAUTHOR_ORIGINATING">(Coauthor: Senator Allen)</ns0:AuthorText>
<ns0:AuthorText authorType="COAUTHOR_OPPOSITE">(Coauthors: Assembly Members Garcia and Kalra)</ns0:AuthorText>
<ns0:Authors>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>SENATE</ns0:House>
<ns0:Name>Wahab</ns0:Name>
</ns0:Legislator>
<ns0:Legislator>
<ns0:Contribution>COAUTHOR</ns0:Contribution>
<ns0:House>SENATE</ns0:House>
<ns0:Name>Allen</ns0:Name>
</ns0:Legislator>
<ns0:Legislator>
<ns0:Contribution>COAUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Garcia</ns0:Name>
</ns0:Legislator>
<ns0:Legislator>
<ns0:Contribution>COAUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Kalra</ns0:Name>
</ns0:Legislator>
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<ns0:Title>An act to amend Section 1946.2 of the Civil Code, relating to housing. </ns0:Title>
<ns0:RelatingClause>housing</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Housing: tenant protections.</ns0:Subject>
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<html:p>Existing law governs the hiring of residential dwelling units. Existing law, the Tenant Protection Act of 2019, prohibits, until January 1, 2030, an owner of residential real property from terminating the tenancy of certain tenants without just cause, either at-fault or no-fault of the tenant. The act exempts certain types of residential real properties from that prohibition, including, among others, housing that has been issued a certificate of occupancy within the previous 15 years.</html:p>
<html:p>This bill would exclude housing built to replace a previous housing unit that was subject to the Tenant Protection Act of 2019, was substantially damaged or destroyed by a disaster, as defined, and was issued a certificate of occupancy before that housing unit was substantially damaged or destroyed, from the above-described exemption from the just cause
requirements.</html:p>
<html:p>This bill would incorporate additional changes to Section 1946.2 of the Civil Code proposed by AB 1529 to be operative only if this bill and AB 1529 are enacted and this bill is enacted last.</html:p>
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<ns0:Bill id="bill">
<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_6781B623-7336-4255-8FFF-30780AC9B284">
<ns0:Num>SECTION 1.</ns0:Num>
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Section 1946.2 of the
<ns0:DocName>Civil Code</ns0:DocName>
is amended to read:
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<ns0:Num>1946.2.</ns0:Num>
<ns0:LawSectionVersion id="id_A37E99B9-A8C9-42A2-AA7A-DF14028E4079">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Notwithstanding any other law, after a tenant has continuously and lawfully occupied a residential real property for 12 months, the owner of the residential real property shall not terminate a tenancy without just cause, which shall be stated in the written notice to terminate tenancy. If any additional adult tenants are added to the lease before an existing tenant has continuously and lawfully occupied the residential real property for 24 months, then this subdivision shall only apply if either of the following are satisfied:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
All of the tenants have continuously and lawfully occupied the residential real property for 12 months or more.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
One or more tenants have continuously and lawfully
occupied the residential real property for 24 months or more.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For the purposes of this section, “just cause” means either of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
At-fault just cause, which means any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Default in the payment of rent.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A breach of a material term of the lease, as described in paragraph (3) of Section 1161 of the Code of Civil Procedure, including, but not limited to, violation of a provision of the lease after being issued a written notice to correct the violation.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Maintaining, committing, or permitting the maintenance or commission of a nuisance as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Committing waste as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The tenant had a written lease that terminated on or after January 1, 2020, or January 1, 2022, if the lease is for a tenancy in a mobilehome, and after a written request or demand from the owner, the tenant has refused to execute a written extension or renewal of the lease for an additional term of similar duration with similar provisions, provided that those terms do not violate this section or any other provision of law.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Criminal activity
by the tenant on the residential real property, including any common areas, or any criminal activity or criminal threat, as defined in subdivision (a) of Section 422 of the Penal Code, on or off the residential real property, that is directed at any owner or agent of the owner of the residential real property.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
Assigning or subletting the premises in violation of the tenant’s lease, as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
The tenant’s refusal to allow the owner to enter the residential real property as authorized by Sections 1101.5 and 1954 of this code, and Sections 13113.7 and 17926.1 of the Health and Safety Code.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Using the premises for an unlawful purpose as described in paragraph
(4) of Section 1161 of the Code of Civil Procedure.
</html:p>
<html:p>
(J)
<html:span class="EnSpace"/>
The employee, agent, or licensee’s failure to vacate after their termination as an employee, agent, or a licensee as described in paragraph (1) of Section 1161 of the Code of Civil Procedure.
</html:p>
<html:p>
(K)
<html:span class="EnSpace"/>
When the tenant fails to deliver possession of the residential real property after providing the owner written notice as provided in Section 1946 of the tenant’s intention to terminate the hiring of the real property, or makes a written offer to surrender that is accepted in writing by the owner, but fails to deliver possession at the time specified in that written notice as described in paragraph (5) of Section 1161 of the Code of Civil Procedure.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
No-fault just cause, which
means any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Intent to occupy the residential real property by the owner or the owner’s spouse, domestic partner, children, grandchildren, parents, or grandparents for a minimum of 12 continuous months as that person’s primary residence.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
For leases entered into on or after July 1, 2020, or July 1, 2022, if the lease is for a tenancy in a mobilehome, clause (i) shall apply only if the tenant agrees, in writing, to the termination, or if a provision of the lease allows the owner to terminate the lease if the owner, or the owner’s spouse, domestic partner, children, grandchildren, parents, or grandparents, unilaterally decides to occupy the residential real property. Addition of a provision allowing the owner to terminate the lease as
described in this clause to a new or renewed rental agreement or fixed-term lease constitutes a similar provision for the purposes of subparagraph (E) of paragraph (1).
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
This subparagraph does not apply if the intended occupant occupies a rental unit on the property or if a vacancy of a similar unit already exists at the property.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
The written notice terminating a tenancy for a just cause pursuant to this subparagraph shall contain the name or names and relationship to the owner of the intended occupant. The written notice shall additionally include notification that the tenant may request proof that the intended occupant is an owner or related to the owner as defined in subclause (II) of clause (viii). The proof shall be provided upon request and may include an
operating agreement and other non-public documents.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
Clause (i) applies only if the intended occupant moves into the rental unit within 90 days after the tenant vacates and occupies the rental unit as a primary residence for at least 12 consecutive months.
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
(I)
<html:span class="EnSpace"/>
If the intended occupant fails to occupy the rental unit within 90 days after the tenant vacates or fails to occupy the rental unit as their primary residence for at least 12 consecutive months, the owner shall offer the unit to the tenant who vacated it at the same rent and lease terms in effect at the time the tenant vacated and shall reimburse the tenant for reasonable moving expenses incurred in excess of any relocation assistance that was paid to the tenant in connection with the written
notice.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
If the intended occupant moves into the rental unit within 90 days after the tenant vacates, but dies before having occupied the rental unit as a primary residence for 12 months, as required by clause (vi), this will not be considered a failure to comply with this section or a material violation of this section by the owner as provided in subdivision (h).
</html:p>
<html:p>
(vii)
<html:span class="EnSpace"/>
For a new tenancy commenced during the time periods described in clause (v), the accommodations shall be offered and rented or leased at the lawful rent in effect at the time any notice of termination of tenancy is served.
</html:p>
<html:p>
(viii)
<html:span class="EnSpace"/>
As used in this subparagraph:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
“Intended occupant” means
the owner of the residential real property or the owner’s spouse, domestic partner, child, grandchild, parent, or grandparent, as described in clause (i).
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
“Owner” means any of the following:
</html:p>
<html:p>
(ia)
<html:span class="EnSpace"/>
An owner who is a natural person that has at least a 25-percent recorded ownership interest in the property.
</html:p>
<html:p>
(ib)
<html:span class="EnSpace"/>
An owner who is a natural person who has any recorded ownership interest in the property if 100 percent of the recorded ownership is divided among owners who are related to each other as sibling, spouse, domestic partner, child, parent, grandparent, or grandchild.
</html:p>
<html:p>
(ic)
<html:span class="EnSpace"/>
An owner who is a natural person whose recorded interest in the property is
owned through a limited liability company or partnership.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
For purposes of subclause (II), “natural person” includes any of the following:
</html:p>
<html:p>
(ia)
<html:span class="EnSpace"/>
A natural person who is a settlor or beneficiary of a family trust.
</html:p>
<html:p>
(ib)
<html:span class="EnSpace"/>
If the property is owned by a limited liability company or partnership, a natural person who is a beneficial owner with at least a 25-percent ownership interest in the property.
</html:p>
<html:p>
(IV)
<html:span class="EnSpace"/>
“Family trust” means a revocable living trust or irrevocable trust in which the settlors and beneficiaries of the trust are persons who are related to each other as sibling, spouse, domestic partner, child, parent, grandparent, or grandchild.
</html:p>
<html:p>
(V)
<html:span class="EnSpace"/>
“Beneficial owner” means a natural person or family trust for whom, directly or indirectly and through any contract arrangement, understanding, relationship, or otherwise, and any of the following applies:
</html:p>
<html:p>
(ia)
<html:span class="EnSpace"/>
The natural person exercises substantial control over a partnership or limited liability company.
</html:p>
<html:p>
(ib)
<html:span class="EnSpace"/>
The natural person owns 25 percent or more of the equity interest of a partnership or limited liability company.
</html:p>
<html:p>
(ic)
<html:span class="EnSpace"/>
The natural person receives substantial economic benefits from the assets of a partnership.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Withdrawal of the residential real property from the rental market.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
The owner complying with any of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
An order issued by a government agency or court relating to habitability that necessitates vacating the residential real property.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
An order issued by a government agency or court to vacate the residential real property.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
A local ordinance that necessitates vacating the residential real property.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
If it is determined by any government agency or court that the tenant is at fault for the condition or conditions triggering the order or need to vacate under clause (i), the tenant shall not be entitled to
relocation assistance as outlined in paragraph (3) of subdivision (d).
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Intent to demolish or to substantially remodel the residential real property.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
For purposes of this subparagraph, “substantially remodel” means either of the following that cannot be reasonably accomplished in a safe manner that allows the tenant to remain living in the place and that requires the tenant to vacate the residential real property for at least 30 consecutive days:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit from a governmental agency.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
The abatement of
hazardous materials, including lead-based paint, mold, or asbestos, in accordance with applicable federal, state, and local laws.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
For purposes of this subparagraph, a tenant is not required to vacate the residential real property on any days where a tenant could continue living in the residential real property without violating health, safety, and habitability codes and laws. Cosmetic improvements alone, including painting, decorating, and minor repairs, or other work that can be performed safely without having the residential real property vacated, do not qualify as substantial remodel.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
A written notice terminating a tenancy for a just cause pursuant to this subparagraph shall include all of the following information:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
A statement informing the tenant of the owner’s intent to demolish the property or substantially remodel the rental unit property.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
The following statement:
</html:p>
<html:p>“If the substantial remodel of your unit or demolition of the property as described in this notice of termination is not commenced or completed, the owner must offer you the opportunity to re-rent your unit with a rental agreement containing the same terms as your most recent rental agreement with the owner at the rental rate that was in effect at the time you vacated. You must notify the owner within thirty (30) days of receipt of the offer to re-rent of your acceptance or rejection of the offer, and, if accepted, you must reoccupy the unit within thirty (30) days of notifying the owner of your acceptance of the offer.”</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
A description of the substantial remodel to be completed, the approximate expected duration of the substantial remodel, or if the property is to be demolished, the expected date by which the property will be demolished, together with one of the following:
</html:p>
<html:p>
(ia)
<html:span class="EnSpace"/>
A copy of the permit or permits required to undertake the substantial remodel or demolition.
</html:p>
<html:p>
(ib)
<html:span class="EnSpace"/>
Only if a notice is issued pursuant to subclause (II) of clause (ii) and the remodel does not require any permit, a copy of the signed contract with the contractor hired by the owner to complete the substantial remodel, that reasonably details the work that will be undertaken to abate the hazardous materials as described in subclause (II) of clause (ii).
</html:p>
<html:p>
(IV)
<html:span class="EnSpace"/>
A notification that if the tenant is interested in reoccupying the rental unit following the substantial remodel, the tenant shall inform the owner of the tenant’s interest in reoccupying the rental unit following the substantial remodel and provide to the owner the tenant’s address, telephone number, and email address.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Before an owner of residential real property issues a notice to terminate a tenancy for just cause that is a curable lease violation, the owner shall first give notice of the violation to the tenant with an opportunity to cure the violation pursuant to paragraph (3) of Section 1161 of the Code of Civil Procedure. If the violation is not cured within the time period set forth in the notice, a three-day notice to quit without an opportunity to cure may
thereafter be served to terminate the tenancy.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
For a tenancy for which just cause is required to terminate the tenancy under subdivision (a), if an owner of residential real property issues a termination notice based on a no-fault just cause described in paragraph (2) of subdivision (b), the owner shall, regardless of the tenant’s income, at the owner’s option, do one of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Assist the tenant to relocate by providing a direct payment to the tenant as described in paragraph (3).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Waive in writing the payment of rent for the final month of the tenancy, prior to the rent becoming due.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If an owner issues a notice to
terminate a tenancy for no-fault just cause, the owner shall notify the tenant in the written termination notice of the tenant’s right to relocation assistance or rent waiver pursuant to this section. If the owner elects to waive the rent for the final month of the tenancy as provided in subparagraph (B) of paragraph (1), the notice shall state the amount of rent waived and that no rent is due for the final month of the tenancy.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The amount of relocation assistance or rent waiver shall be equal to one month of the tenant’s rent that was in effect when the owner issued the notice to terminate the tenancy. Any relocation assistance shall be provided within 15 calendar days of service of the notice.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If a tenant fails to vacate after the expiration of
the notice to terminate the tenancy, the actual amount of any relocation assistance or rent waiver provided pursuant to this subdivision shall be recoverable as damages in an action to recover possession.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The relocation assistance or rent waiver required by this subdivision shall be credited against any other relocation assistance required by any other law.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
An owner’s failure to strictly comply with this subdivision shall render the notice of termination void.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
This section shall not apply to the following types of residential real properties or residential circumstances:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Transient and tourist hotel occupancy as defined in subdivision (b) of
Section 1940.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Housing accommodations in a nonprofit hospital, religious facility, extended care facility, licensed residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code, or an adult residential facility, as defined in Chapter 6 of Division 6 of Title 22 of the Manual of Policies and Procedures published by the State Department of Social Services.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Dormitories owned and operated by an institution of higher education or a kindergarten and grades 1 to 12, inclusive, school.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Housing accommodations in which the tenant shares bathroom or kitchen facilities with the owner who maintains their principal residence at the residential real property.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Single-family owner-occupied residences, including both of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A residence in which the owner-occupant rents or leases no more than two units or bedrooms, including, but not limited to, an accessory dwelling unit or a junior accessory dwelling unit.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A mobilehome.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
A property containing two separate dwelling units within a single structure in which the owner occupied one of the units as the owner’s principal place of residence at the beginning of the tenancy, so long as the owner continues in occupancy, and neither unit is an accessory dwelling unit or a junior accessory dwelling unit.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Housing that has been issued a certificate of occupancy within the previous 15 years, unless the housing is one of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A mobilehome.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Housing built to replace a previous housing unit that meets all of the following criteria:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The previous unit was substantially damaged or destroyed by a disaster. “Disaster” has the same meaning as that term is defined by Section 8680.3 of the Government Code.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The previous unit was issued a certificate of occupancy before the unit was substantially damaged or destroyed by the disaster.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The previous unit was subject to
this section.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Residential real property, including a mobilehome, that is alienable separate from the title to any other dwelling unit, provided that both of the following apply:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The owner is not any of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A real estate investment trust, as defined in Section 856 of the Internal Revenue Code.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
A corporation.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
A limited liability company in which at least one member is a corporation.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Management of a mobilehome park, as defined in Section 798.2.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
The tenants have been provided written notice that the residential property is exempt from this section using the following statement:
</html:p>
<html:br/>
<html:p>“This property is not subject to the rent limits imposed by Section 1947.12 of the Civil Code and is not subject to the just cause requirements of Section 1946.2 of the Civil Code. This property meets the requirements of Sections 1947.12 (d)(5) and 1946.2 (e)(8) of the Civil Code and the owner is not any of the following: (1) a real estate investment trust, as defined by Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation.”</html:p>
<html:br/>
<html:p>
(ii)
<html:span class="EnSpace"/>
(I)
<html:span class="EnSpace"/>
Except as
provided in subclause (II), for a tenancy existing before July 1, 2020, the notice required under clause (i) may, but is not required to, be provided in the rental agreement.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
For a tenancy in a mobilehome existing before July 1, 2022, the notice required under clause (i) may, but is not required to, be provided in the rental agreement.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
(I)
<html:span class="EnSpace"/>
Except as provided in subclause (II), for any tenancy commenced or renewed on or after July 1, 2020, the notice required under clause (i) must be provided in the rental agreement.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
For any tenancy in a mobilehome commenced or renewed on or after July 1, 2022, the notice required under clause (i) shall be provided in the rental agreement.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Addition of a provision containing the notice required under clause (i) to any new or renewed rental agreement or fixed-term lease constitutes a similar provision for the purposes of subparagraph (E) of paragraph (1) of subdivision (b).
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code or comparable federal statutes.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
An owner of residential real property subject to this section shall provide notice to the tenant as follows:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Except as provided in subparagraph (B), for any tenancy commenced or renewed on or after July 1, 2020, as an addendum to the lease or rental agreement, or as a written notice signed by the tenant, with a copy provided to the tenant.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For a tenancy in a mobilehome commenced or renewed on or after July 1, 2022, as an addendum to the lease or rental agreement, or as a written notice signed by the tenant, with a copy provided to the tenant.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Except as provided in subparagraph (B), for a tenancy existing prior to July 1, 2020, by written notice to the
tenant no later than August 1, 2020, or as an addendum to the lease or rental agreement.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For a tenancy in a mobilehome existing prior to July 1, 2022, by written notice to the tenant no later than August 1, 2022, or as an addendum to the lease or rental agreement.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The notification or lease provision shall be in no less than 12-point type, and shall include the following:
</html:p>
<html:br/>
<html:p>“California law limits the amount your rent can be increased. See Section 1947.12 of the Civil Code for more information. California law also provides that after all of the tenants have continuously and lawfully occupied the property for 12 months or more or at least one of the tenants has continuously and lawfully occupied
the property for 24 months or more, a landlord must provide a statement of cause in any notice to terminate a tenancy. See Section 1946.2 of the Civil Code for more information.”</html:p>
<html:br/>
<html:p>The notification or lease provision shall be subject to Section 1632.</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
An owner’s failure to comply with any provision of this section shall render the written termination notice void.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
An owner who attempts to recover possession of a rental unit in material violation of this section shall be liable to the tenant in a civil action for all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Actual damages.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
In the court’s discretion, reasonable attorney’s fees and costs.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Upon a showing that the owner has acted willfully or with oppression, fraud, or malice, up to three times the actual damages. An award may also be entered for punitive damages for the benefit of the tenant against the owner.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The Attorney General, in the name of the people of the State of California, and the city attorney or county counsel in the jurisdiction in which the rental unit is located, in the name of the city or county, may seek injunctive relief based on violations of this section.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
This section does not apply to the following residential real property:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Residential real property subject to a local ordinance requiring just cause for termination of a residential tenancy adopted on or before September 1, 2019, in which case the local ordinance shall apply.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Residential real property subject to a local ordinance requiring just cause for termination of a residential tenancy adopted or amended after September 1, 2019, that is more protective than this section, in which case the local ordinance shall apply. For purposes of this subparagraph, an ordinance is “more protective” if it meets all of the following criteria:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The just cause for termination of a residential tenancy under the local ordinance is consistent with this section.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The ordinance further
limits the reasons for termination of a residential tenancy, provides for higher relocation assistance amounts, or provides additional tenant protections that are not prohibited by any other provision of law.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The local government has made a binding finding within their local ordinance that the ordinance is more protective than the provisions of this section.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A residential real property shall not be subject to both a local ordinance requiring just cause for termination of a residential tenancy and this section.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A local ordinance adopted after September 1, 2019, that is less protective than this section shall not be enforced unless this section is repealed.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
Any waiver of the rights under this section shall be void as contrary to public policy.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
For the purposes of this section, the following definitions shall apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Owner” includes any person, acting as principal or through an agent, having the right to offer residential real property for rent, and includes a predecessor in interest to the owner.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Residential real property” means any dwelling or unit that is intended for human habitation, including any dwelling or unit in a mobilehome park.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Tenancy” means the lawful occupation of residential real property and includes a lease or sublease.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
This section shall not apply to a homeowner of a mobilehome, as defined in Section 798.9.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
This section shall become operative on April 1, 2024.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
This section shall remain in effect only until January 1, 2030, and as of that date is repealed.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_49EF8AAA-4EF9-44E0-A304-9C0161471712">
<ns0:Num>SEC. 1.5.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:CIV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'1946.2.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 1946.2 of the
<ns0:DocName>Civil Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_5BD81058-0D2F-4D8F-BDFD-9F812D4D08E2">
<ns0:Num>1946.2.</ns0:Num>
<ns0:LawSectionVersion id="id_50286569-7DC8-43CC-8345-75784CD606F8">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Notwithstanding any other law, after a tenant has continuously and lawfully occupied a residential real property for 12 months, the owner of the residential real property shall not terminate a tenancy without just cause, which shall be stated in the written notice to terminate tenancy. If any additional adult tenants are added to the lease before an existing tenant has continuously and lawfully occupied the residential real property for 24 months, then this subdivision shall only apply if either of the following are satisfied:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
All of the tenants have continuously and lawfully occupied the residential real property for 12 months or more.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
One or more tenants have continuously and
lawfully occupied the residential real property for 24 months or more.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For purposes of this section, “just cause” means either of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
At-fault just cause, which means any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Default in the payment of rent.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A breach of a material term of the lease, as described in paragraph (3) of Section 1161 of the Code of Civil Procedure, including, but not limited to, violation of a provision of the lease after being issued a written notice to correct the violation.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Maintaining, committing, or permitting the maintenance or commission of a nuisance as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Committing waste as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The tenant had a written lease that terminated on or after January 1, 2020, or January 1, 2022, if the lease is for a tenancy in a mobilehome, and after a written request or demand from the owner, the tenant has refused to execute a written extension or renewal of the lease for an additional term of similar duration with similar provisions, provided that those terms do not violate this section or any other provision of law.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Criminal activity by the tenant on the residential real property, including any common areas, or any criminal activity or criminal threat, as defined in subdivision (a) of Section 422 of the Penal Code, on or off the residential real property, that is directed at any owner or agent of the owner
of the residential real property.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
Assigning or subletting the premises in violation of the tenant’s lease, as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
The tenant’s refusal to allow the owner to enter the residential real property as authorized by Sections 1101.5 and 1954 of this code, and Sections 13113.7 and 17926.1 of the Health and Safety Code.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Using the premises for an unlawful purpose as described in paragraph (4) of Section 1161 of the Code of Civil Procedure.
</html:p>
<html:p>
(J)
<html:span class="EnSpace"/>
The employee, agent, or licensee’s failure to vacate after their termination as an employee, agent, or a licensee as described in paragraph (1) of Section 1161 of the Code of Civil Procedure.
</html:p>
<html:p>
(K)
<html:span class="EnSpace"/>
When the tenant fails to deliver possession of the residential real property after providing the owner written notice as provided in Section 1946 of the tenant’s intention to terminate the hiring of the real property, or makes a written offer to surrender that is accepted in writing by the owner, but fails to deliver possession at the time specified in that written notice as described in paragraph (5) of Section 1161 of the Code of Civil Procedure.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
No-fault just cause, which means any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Intent to occupy the residential real property by the owner or the owner’s spouse, domestic partner, children, grandchildren, parents, or grandparents for a minimum of 12 continuous months as that person’s primary residence.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
For leases entered into on or after July 1, 2020, or July 1, 2022, if the lease is for a tenancy in a mobilehome, clause (i) shall apply only if the tenant agrees, in writing, to the termination, or if a provision of the lease allows the owner to terminate the lease if the owner, or the owner’s spouse, domestic partner, children, grandchildren, parents, or grandparents, unilaterally decides to occupy the residential real property. Addition of a provision allowing the owner to terminate the lease as described in this clause to a new or renewed rental agreement or fixed-term lease constitutes a similar provision for the purposes of subparagraph (E) of paragraph (1).
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
This subparagraph does not apply if the intended occupant occupies a rental unit on the property or if a vacancy of a similar unit already exists at the property.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
The written notice
terminating a tenancy for a just cause pursuant to this subparagraph shall contain the name or names and relationship to the owner of the intended occupant. The written notice shall additionally include notification that the tenant may request proof that the intended occupant is an owner or related to the owner as defined in subclause (II) of clause (viii). The proof shall be provided upon request and may include an operating agreement and other nonpublic documents.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
Clause (i) applies only if the intended occupant moves into the rental unit within 90 days after the tenant vacates and occupies the rental unit as a primary residence for at least 12 consecutive months.
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
(I)
<html:span class="EnSpace"/>
If the intended occupant fails to occupy the rental unit within 90 days after the tenant vacates or fails to occupy the rental unit as their primary residence for at least 12 consecutive months, the owner shall offer the unit to the tenant who vacated it at the same rent and lease terms in effect at the time the tenant vacated and shall reimburse the tenant for reasonable moving expenses incurred in excess of any relocation assistance that was paid to the tenant in connection with the written notice.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
If the intended occupant moves into the rental unit within 90 days after the tenant vacates, but dies before having occupied the rental unit as a primary residence for 12 months, as required by clause (vi), this will not be considered a failure to comply with this section or a material violation of this section by the owner as provided in subdivision (h).
</html:p>
<html:p>
(vii)
<html:span class="EnSpace"/>
For a new tenancy commenced during the time periods described in clause (v), the accommodations shall be offered and rented or leased at the lawful rent in effect at the time any notice of termination of tenancy is served.
</html:p>
<html:p>
(viii)
<html:span class="EnSpace"/>
As used in this subparagraph:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
“Intended occupant” means the owner of the residential real property or the owner’s spouse, domestic partner, child, grandchild, parent, or grandparent, as described in clause (i).
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
“Owner” means any of the following:
</html:p>
<html:p>
(ia)
<html:span class="EnSpace"/>
An owner who is a natural person that has at least a 25-percent recorded ownership interest in the property.
</html:p>
<html:p>
(ib)
<html:span class="EnSpace"/>
An owner who is a natural
person who has any recorded ownership interest in the property if 100 percent of the recorded ownership is divided among owners who are related to each other as sibling, spouse, domestic partner, child, parent, grandparent, or grandchild.
</html:p>
<html:p>
(ic)
<html:span class="EnSpace"/>
An owner who is a natural person whose recorded interest in the property is owned through a limited liability company or partnership.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
For purposes of subclause (II), “natural person” includes any of the following:
</html:p>
<html:p>
(ia)
<html:span class="EnSpace"/>
A natural person who is a settlor or beneficiary of a family trust.
</html:p>
<html:p>
(ib)
<html:span class="EnSpace"/>
If the property is owned by a limited liability company or partnership, a natural person who is a beneficial owner with at least a 25-percent ownership interest in the property.
</html:p>
<html:p>
(IV)
<html:span class="EnSpace"/>
“Family trust” means a revocable living trust or irrevocable trust in which the settlors and beneficiaries of the trust are persons who are related to each other as sibling, spouse, domestic partner, child, parent, grandparent, or grandchild.
</html:p>
<html:p>
(V)
<html:span class="EnSpace"/>
“Beneficial owner” means a natural person or family trust for whom, directly or indirectly and through any contract arrangement, understanding, relationship, or otherwise, and any of the following applies:
</html:p>
<html:p>
(ia)
<html:span class="EnSpace"/>
The natural person exercises substantial control over a partnership or limited liability company.
</html:p>
<html:p>
(ib)
<html:span class="EnSpace"/>
The natural person owns 25 percent or more of the equity interest of a partnership or limited liability company.
</html:p>
<html:p>
(ic)
<html:span class="EnSpace"/>
The natural person
receives substantial economic benefits from the assets of a partnership.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Withdrawal of the residential real property from the rental market.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
The owner complying with any of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
An order issued by a government agency or court relating to habitability that necessitates vacating the residential real property.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
An order issued by a government agency or court to vacate the residential real property.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
A local ordinance that necessitates vacating the residential real property.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
If it is determined by any government agency or court that the tenant is at fault for the
condition or conditions triggering the order or need to vacate under clause (i), the tenant shall not be entitled to relocation assistance as outlined in paragraph (3) of subdivision (d).
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Intent to demolish or to substantially remodel the residential real property.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
For purposes of this subparagraph, “substantially remodel” means either of the following that cannot be reasonably accomplished in a safe manner that allows the tenant to remain living in the place and that requires the tenant to vacate the residential real property for at least 30 consecutive days:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The replacement or substantial modification of any structural, electrical, plumbing, or mechanical system that requires a permit from a governmental agency.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
The abatement of hazardous materials, including lead-based paint, mold, or asbestos, in accordance with applicable federal, state, and local laws.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
For purposes of this subparagraph, a tenant is not required to vacate the residential real property on any days where a tenant could continue living in the residential real property without violating health, safety, and habitability codes and laws. Cosmetic improvements alone, including painting, decorating, and minor repairs, or other work that can be performed safely without having the residential real property vacated, do not qualify as substantial remodel.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
A written notice terminating a tenancy for a just cause pursuant to this subparagraph shall include all of the following information:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
A statement informing the tenant of the owner’s
intent to demolish the property or substantially remodel the rental unit property.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
The following statement:
</html:p>
<html:p>“If the substantial remodel of your unit or demolition of the property as described in this notice of termination is not commenced or completed, the owner must offer you the opportunity to re-rent your unit with a rental agreement containing the same terms as your most recent rental agreement with the owner at the rental rate that was in effect at the time you vacated. You must notify the owner within thirty (30) days of receipt of the offer to re-rent of your acceptance or rejection of the offer, and, if accepted, you must reoccupy the unit within thirty (30) days of notifying the owner of your acceptance of the offer.”</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
A description of the substantial remodel to be completed, the approximate expected duration of the
substantial remodel, or if the property is to be demolished, the expected date by which the property will be demolished, together with one of the following:
</html:p>
<html:p>
(ia)
<html:span class="EnSpace"/>
A copy of the permit or permits required to undertake the substantial remodel or demolition.
</html:p>
<html:p>
(ib)
<html:span class="EnSpace"/>
Only if a notice is issued pursuant to subclause (II) of clause (ii) and the remodel does not require any permit, a copy of the signed contract with the contractor hired by the owner to complete the substantial remodel, that reasonably details the work that will be undertaken to abate the hazardous materials as described in subclause (II) of clause (ii).
</html:p>
<html:p>
(IV)
<html:span class="EnSpace"/>
A notification that if the tenant is interested in reoccupying the rental unit following the substantial remodel, the tenant shall inform the owner of the tenant’s interest in reoccupying the rental unit
following the substantial remodel and provide to the owner the tenant’s address, telephone number, and email address.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Before an owner of residential real property issues a notice to terminate a tenancy for just cause that is a curable lease violation, the owner shall first give notice of the violation to the tenant with an opportunity to cure the violation pursuant to paragraph (3) of Section 1161 of the Code of Civil Procedure. If the violation is not cured within the time period set forth in the notice, a three-day notice to quit without an opportunity to cure may thereafter be served to terminate the tenancy.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
For a tenancy for which just cause is required to terminate the tenancy under subdivision (a), if an owner of residential real property issues a termination notice based on a no-fault just cause described in paragraph (2) of subdivision
(b), the owner shall, regardless of the tenant’s income, at the owner’s option, do one of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Assist the tenant to relocate by providing a direct payment to the tenant as described in paragraph (3).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Waive in writing the payment of rent for the final month of the tenancy, prior to the rent becoming due.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If an owner issues a notice to terminate a tenancy for no-fault just cause, the owner shall notify the tenant in the written termination notice of the tenant’s right to relocation assistance or rent waiver pursuant to this section. If the owner elects to waive the rent for the final month of the tenancy as provided in subparagraph (B) of paragraph (1), the notice shall state the amount of rent waived and that no rent is due for the final month of the tenancy.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The amount of relocation assistance or rent waiver shall be equal to one month of the tenant’s rent that was in effect when the owner issued the notice to terminate the tenancy. Any relocation assistance shall be provided within 15 calendar days of service of the notice.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If a tenant fails to vacate after the expiration of the notice to terminate the tenancy, the actual amount of any relocation assistance or rent waiver provided pursuant to this subdivision shall be recoverable as damages in an action to recover possession.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The relocation assistance or rent waiver required by this subdivision shall be credited against any other relocation assistance required by any other law.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
An owner’s failure to strictly comply
with this subdivision shall render the notice of termination void.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
This section shall not apply to the following types of residential real properties or residential circumstances:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Transient and tourist hotel occupancy as defined in subdivision (b) of Section 1940.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Housing accommodations in a nonprofit hospital, religious facility, extended care facility, licensed residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code, or an adult residential facility, as defined in Chapter 6 of Division 6 of Title 22 of the Manual of Policies and Procedures published by the State Department of Social Services.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Dormitories owned and operated by an institution of higher education or a kindergarten and grades 1
to 12, inclusive, school.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Housing accommodations in which the tenant shares bathroom or kitchen facilities with the owner who maintains their principal residence at the residential real property.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Single-family owner-occupied residences, including both of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A residence in which the owner-occupant rents or leases no more than two units or bedrooms, including, but not limited to, an accessory dwelling unit or a junior accessory dwelling unit.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A mobilehome.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
A property containing two separate dwelling units within a single structure in which the owner occupied one of the units as the owner’s principal place of residence at the beginning of the tenancy, so long
as the owner continues in occupancy, and neither unit is an accessory dwelling unit or a junior accessory dwelling unit.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Housing that has been issued a certificate of occupancy within the previous 15 years, unless the housing is one of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A mobilehome.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Housing built to replace a previous housing unit that meets all of the following criteria:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The previous unit was substantially damaged or destroyed by a disaster. “Disaster” has the same
meaning as that term is defined by Section 8680.3 of the Government Code.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The previous unit was issued a certificate of occupancy before the unit was substantially damaged or destroyed by the disaster.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The previous unit was subject to this section.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Residential real property, including a mobilehome, that is alienable separate from the title to any other dwelling unit, provided that both of the following apply:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The owner is not any of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A real estate investment trust, as defined in Section 856 of the Internal Revenue Code.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
A corporation.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
A limited liability company in which at least one member is a corporation.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Management of a mobilehome park, as defined in Section 798.2.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
The tenants have been provided written notice that the residential property is exempt from this section using the following statement:
</html:p>
<html:br/>
<html:p>“This property is not subject to the rent limits imposed by Section 1947.12 of the Civil Code and is not subject to the just cause requirements of Section 1946.2 of the Civil Code. This property meets the requirements of Sections 1947.12 (d)(5) and 1946.2 (e)(8) of the Civil Code and the owner is not any of the following: (1) a real estate investment trust, as defined by Section 856 of the Internal Revenue Code; (2) a
corporation; or (3) a limited liability company in which at least one member is a corporation.”</html:p>
<html:br/>
<html:p>
(ii)
<html:span class="EnSpace"/>
(I)
<html:span class="EnSpace"/>
Except as provided in subclause (II), for a tenancy existing before July 1, 2020, the notice required under clause (i) may, but is not required to, be provided in the rental agreement.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
For a tenancy in a mobilehome existing before July 1, 2022, the notice required under clause (i) may, but is not required to, be provided in the rental agreement.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
(I)
<html:span class="EnSpace"/>
Except as provided in subclause (II), for any tenancy commenced or renewed on or after July 1, 2020, the notice required under clause (i) must be provided in the rental agreement.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
For any tenancy in a
mobilehome commenced or renewed on or after July 1, 2022, the notice required under clause (i) shall be provided in the rental agreement.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Addition of a provision containing the notice required under clause (i) to any new or renewed rental agreement or fixed-term lease constitutes a similar provision for the purposes of subparagraph (E) of paragraph (1) of subdivision (b).
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code or comparable federal
statutes.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
An owner of residential real property subject to this section shall provide notice to the tenant as follows:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Except as provided in subparagraph (B), for any tenancy commenced or renewed on or after July 1, 2020, in the lease or rental agreement, as an addendum to the lease or rental agreement, or as a written notice signed by the tenant, with a copy provided to the tenant.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For a tenancy in a mobilehome commenced or renewed on or after July 1, 2022, as an addendum to the lease or rental agreement, or as a written notice signed by the tenant, with a copy provided to the tenant.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Except as provided in subparagraph (B), for a tenancy existing prior to July 1, 2020, by written notice to the tenant no later than August 1, 2020, or as an addendum to the lease or rental agreement.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For a tenancy in a mobilehome existing prior to July 1, 2022, by written notice to the tenant no later than August 1, 2022, or as an addendum to the lease or rental agreement.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The notification or lease provision shall be in no less than 12-point type, and shall include the following:
</html:p>
<html:br/>
<html:p>“California law limits the amount your rent can be increased. See Section 1947.12 of the Civil Code for more information. California law also provides that after all of the tenants have continuously and lawfully occupied the property for 12 months or more or at least one of the tenants has
continuously and lawfully occupied the property for 24 months or more, a landlord must provide a statement of cause in any notice to terminate a tenancy. See Section 1946.2 of the Civil Code for more information.”</html:p>
<html:br/>
<html:p>The notification or lease provision shall be subject to Section 1632.</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
An owner’s failure to comply with any provision of this section shall render the written termination notice void.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
An owner who attempts to recover possession of a rental unit in material violation of this section shall be liable to the tenant in a civil action for all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Actual damages.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
In the court’s discretion, reasonable attorney’s
fees and costs.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Upon a showing that the owner has acted willfully or with oppression, fraud, or malice, up to three times the actual damages. An award may also be entered for punitive damages for the benefit of the tenant against the owner.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The Attorney General, in the name of the people of the State of California, and the city attorney or county counsel in the jurisdiction in which the rental unit is located, in the name of the city or county, may seek injunctive relief based on violations of this section.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
This section does not apply to the following residential real property:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Residential real property subject to a local ordinance requiring just cause for termination of a residential tenancy adopted on or
before September 1, 2019, in which case the local ordinance shall apply.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Residential real property subject to a local ordinance requiring just cause for termination of a residential tenancy adopted or amended after September 1, 2019, that is more protective than this section, in which case the local ordinance shall apply. For purposes of this subparagraph, an ordinance is “more protective” if it meets all of the following criteria:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The just cause for termination of a residential tenancy under the local ordinance is consistent with this section.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The ordinance further limits the reasons for termination of a residential tenancy, provides for higher relocation assistance amounts, or provides additional tenant protections that are not prohibited by any other provision of law.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The local government has made a binding finding within their local ordinance that the ordinance is more protective than the provisions of this section.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A residential real property shall not be subject to both a local ordinance requiring just cause for termination of a residential tenancy and this section.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A local ordinance adopted after September 1, 2019, that is less protective than this section shall not be enforced unless this section is repealed.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
Any waiver of the rights under this section shall be void as contrary to public policy.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
For the purposes of this section, the following definitions shall apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Owner” includes any person, acting as principal or through an agent, having the right to offer residential real property for rent, and includes a predecessor in interest to the owner.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Residential real property” means any dwelling or unit that is intended for human habitation, including any dwelling or unit in a mobilehome park.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Tenancy” means the lawful occupation of residential real property and includes a lease or sublease.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
This section shall not apply to a homeowner of a mobilehome, as defined in Section 798.9.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
This section shall become operative on April 1, 2024.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
This section shall remain in effect only until January 1, 2030, and as of that date
is repealed.
</html:p>
</ns0:Content>
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</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_902EE5CB-A726-47BF-AD9A-B15A96D8C6AE">
<ns0:Num>SEC. 2.</ns0:Num>
<ns0:Content>
<html:p>Section 1.5 of this bill incorporates amendments to Section 1946.2 of the Civil Code proposed by both this bill and Assembly Bill 1529. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2026, (2) each bill amends Section 1946.2 of the Civil Code, and (3) this bill is enacted after Assembly Bill 1529, in which case Section 1 of this bill shall not become operative.</html:p>
</ns0:Content>
</ns0:BillSection>
</ns0:Bill>
</ns0:MeasureDoc>
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