Bill > A4711

Introduced Session

This bill would prohibit a landlord from considering certain landlord-tenant case histories when screening tenants. The bill also would clarify that tenants may pursue a rent receivership action against a landlord without first having to make a rent deposit with the court and that the action may be made on the ground that the implied warranty of habitability has been violated. These measures would serve to protect prospective tenants from being unfairly turned away from rental housing due to prior landlord-tenant case histories, and would make it easier for tenants to pursue relief in the courts if the rental housing is not fit for habitation. With respect to tenant screening, the bill provides that a landlord may not consider a landlord-tenant court record unless: (1) the case resulted in a judgment for possession; (2) the decision in the case is not under appeal; and (3) the judgment for possession was entered no more than three years prior to the prospective tenant's rental application. If a landlord takes any adverse action on a rental application, the landlord would be required to provide a written notice of the adverse action to the prospective tenant that states the reasons for the adverse action, and the notice would have to disclose and contain any screening information about the prospective tenant accessed by the landlord. A landlord that violates either of these provisions of the bill would be liable for a penalty of not less than $1,000 for the first offense, and not less than $5,000 for the second and each subsequent offense. With respect to rent receivership actions, the bill clarifies that a tenant is not required to place a rent deposit with a court in order to initiate the action. The bill also would make explicit that this action may be based on a claim that the implied warranty of habitability has been violated. The implied warranty of habitability is a court-created doctrine that requires a landlord to ensure rental housing is fit for human habitation and for the uses reasonably intended by the parties, and that the occupants are not subject to conditions that are dangerous, hazardous, or detrimental to their life, health, or safety.

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Annette Chaparro (D)*,  Raj Mukherji (D)*, 

Introduced, Referred to Assembly Housing and Community Development Committee (on 11/26/2018)