This text of California § 1946.9. (1946.9. (Added by Stats. 2024, Ch. 75, Sec. 4.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)For the purposes of tenant screening, a landlord or a landlord’s 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 tenant’s immediate family member, or a tenant’s 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 tenant’s immediate family member, or the tenant’s 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 lock
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(a)
For the purposes of tenant screening, a landlord or a landlord’s 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 tenant’s immediate family member, or a tenant’s 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 tenant’s immediate family member, or the tenant’s 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 landlord’s 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)
“Abuse or violence” has the same meaning as defined in paragraph (1) of subdivision (a) of Section 1161.3 of the Code of Civil Procedure.
(2)
“Adverse action” means either of the following:
(A)
Denial of a prospective tenant’s rental application.
(B)
Approval of a prospective tenant’s 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 landlord’s agent to a prospective tenant.
(3)
“Household member” has the same meaning as defined in paragraph (1) of subdivision (h) of Section 1946.7.
(4)
“Immediate family member” has the same meaning as defined in paragraph (3) of subdivision (h) of Section 1946.7.
(5)
“Tenant” means tenant, subtenant, lessee, or sublessee.
(6)
“Tenant screening” means any process used by a landlord or landlord’s agent to evaluate the fitness of a prospective tenant.