Bill > A2936

Introduced Session

This bill would add legal protections for tenants against landlords who might otherwise try to use immigration status as a way of intimidating tenants who have exercised, or who are about to exercise, their housing rights. The bill would prohibit a landlord from evicting a tenant as a reprisal for or on the basis of the tenant's immigration or citizenship status. Under the bill, the term "immigration or citizenship status" would include a perception that a person has a particular immigration status or citizenship status, or that a person is associated with a person who has, or is perceived to have, a particular immigration status or citizenship status. The bill would prohibit a landlord from threatening to disclose, or actually disclosing, information relating to the immigration or citizenship status of a tenant, occupant, or other person known to the landlord to be associated with a tenant or occupant, for the purpose of influencing the person to vacate a dwelling unit. Additionally, the bill would prohibit a landlord from bringing an action to recover possession of a dwelling unit based solely or partially on the immigration or citizenship status of a tenant. The bill would also prohibit a landlord from bringing an action to recover possession, or otherwise causing a tenant or occupant to quit involuntarily, because of the immigration or citizenship status of a tenant, occupant, or other person known to the landlord to be associated with a tenant or occupant. This prohibition would not apply if a landlord's action is in compliance with a legal obligation under a federal government program that provides for rent limitations or rental assistance to a qualified tenant. The bill would enable a tenant to bring an action seeking damages, penalties, court costs and attorney's fees, and other equitable relief against a landlord that engages in prohibited conduct. The bill also provides that the immigration or citizenship status of a person is irrelevant to any issue of liability or remedy in a civil action involving a tenant's housing rights. The bill would prohibit inquiry into a tenant's immigration or citizenship status in a civil action involving a tenant's housing rights, unless the tenant places a person's immigration or citizenship status directly in contention, or the person seeking to make the inquiry demonstrates by clear and convincing evidence that the inquiry is necessary in order to comply with federal law. Under the bill, a tenant's assertion of an affirmative defense to an eviction action would not constitute cause for discovery or other inquiry into a person's immigration or citizenship status. The bill would establish an affirmative defense for a tenant to raise against an eviction action if the eviction action is commenced after the start of the lease term, and after the tenant has moved in, and if the action is based, in whole or in part, either on the citizenship or immigration status of the tenant, or on the tenant's failure to provide a social security number, credit information, or a form of identification acceptable to the landlord. The bill would establish an affirmative defense for a tenant against an unlawful detainer action if a tenant can prove that a landlord has violated provisions of this bill. The bill would establish a rebuttable presumption that a tenant or occupant has an affirmative defense against an unlawful detainer action if the landlord:· approved the tenant or occupant to take possession of a unit before filing an unlawful detainer action; and· included in the unlawful detainer action a claim based on one of the following:o the failure of a previously approved tenant or occupant to provide a valid social security number;o the failure of a previously approved tenant or occupant to provide information required to obtain a consumer credit report; oro the failure of a previously approved tenant or occupant to provide a form of identification deemed acceptable by the landlord. The bill specifically provides that it's provisions do not prohibit a landlord from:· complying with a subpoena, warrant, court order, or legal obligation including, but not limited to, a legal obligation under a government program that provides for rent limitations or rental assistance to a qualified tenant;· requesting information or documentation necessary to determine or verify the financial qualifications of a prospective tenant, or to determine or verify the identity of a prospective tenant or prospective occupant;· notifying a tenant that the tenant's conduct violates the terms of a lease, rental agreement, rule, or regulation. The bill does not enlarge or diminish a landlord's right to terminate a tenancy nor enlarge or diminish the ability of a municipality to regulate or enforce a prohibition against a landlord's harassment of a tenant.

AI Summary

Committee Categories

Ellen Park (D)*,  Gary Schaer (D)*,  Joe Danielsen (D), 

Introduced, Referred to Assembly Housing Committee (on 01/09/2024)

Official Document