(a) For the purposes of tenant screening, a landlord or a landlordâs agent shall not make an adverse action based on any of the following: (1) An allegation that the prospective tenant breached a lease or rental agreement if the alleged breach stemmed from an act of abuse or violence against a tenant, a tenantâs immediate family member, or a tenantâs household member, and the prospective tenant is not alleged to have committed the abuse or violence. The landlord shall accept any form of documentation evidencing abuse or violence against the tenant, the tenantâs immediate family member, or the tenantâs household member, as provided by subdivision (d) of Section 1941.5, as sufficient for the purposes of this paragraph. (2) The prospective tenant having previously requested to have their locks changed pursuant to Section 1941.5 or 1941.6, regardless of whether the request was granted. (3) The prospective tenant, or an immediate family member or household member of the prospective tenant, having been a victim of abuse or violence. A landlord or the landlordâs agent may request that a prospective tenant provide documentation described in subdivision (d) of Section 1941.5 to establish if a prospective tenant, or an immediate family member or household member of the prospective member, has been a victim of abuse or violence for the purposes of this paragraph. If the prospective tenant provides documentation described in subdivision (d) of Section 1941.5, the landlord shall accept the documentation as sufficient to establish that a prospective tenant, or an immediate family member or household member of the prospective member, has been a victim of abuse or violence for the purposes of this paragraph. (4) The prospective tenant, or a guest of the prospective tenant, having previously summoned law enforcement assistance or emergency assistance, as, or on behalf of a victim of abuse, a victim of crime, or an individual in an emergency, as provided in Section 1946.8. (b) A landlord or agent of a landlord who violates this section shall be liable to the prospective or current tenant in a civil action for both of the following: (1) The actual damages sustained by the prospective or current tenant. (2) Statutory damages of not less than one hundred dollars ($100) and not more than five thousand dollars ($5,000). (c) The remedies provided by this section shall be in addition to any other remedy provided by law. (d) For the purposes of this section, the following definitions apply: (1) âAbuse or violenceâ has the same meaning as defined in paragraph (1) of subdivision (a) of Section 1161.3 of the Code of Civil Procedure. (2) âAdverse actionâ means either of the following: (A) Denial of a prospective tenantâs rental application. (B) Approval of a prospective tenantâs rental application, subject to terms or conditions different and less favorable to the prospective tenant than those included in any written notice, statement, or advertisement for the rental unit, including written communication sent directly from the landlord or landlordâs agent to a prospective tenant. (3) âHousehold memberâ has the same meaning as defined in paragraph (1) of subdivision (h) of Section 1946.7. (4) âImmediate family memberâ has the same meaning as defined in paragraph (3) of subdivision (h) of Section 1946.7. (5) âTenantâ means tenant, subtenant, lessee, or sublessee. (6) âTenant screeningâ means any process used by a landlord or landlordâs agent to evaluate the fitness of a prospective tenant.
‹ Prev All California sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.