Existing law regulates the terms and conditions of tenancies and defines the term "persons who hire" for the purpose of regulating residential tenancies. Existing law excludes from these provisions, among other things, occupancy at a hotel or motel if certain conditions are met.
This bill would provide that the continued occupancy of a shelter program participant, as defined, in a motel or hotel does not constitute a new tenancy and is not considered a "person who hires" for purposes of an unlawful detainer action if the shelter program meets the core components of Housing First, as defined, and specified requirements related to termination policies and grievance processes. The bill would define "shelter program participant" as an occupant of a motel or hotel, as defined, who participates in specified city-, county-, continuum of care-, state-, or federally funded shelter, interim housing, motel voucher, or emergency shelter programs.
Existing law prohibits a person from requiring an occupant of a residential hotel, as defined, to move or check out and reregister before the expiration of 30 days' occupancy if a purpose is to have that occupant maintain transient occupancy status, as described.
Existing law, the California Building Standards Law, establishes the California Building Standards Commission within the Department of General Services and requires the commission to approve and adopt building standards and to codify those standards in the California Building Standards Code.
This bill would prohibit specified provisions of the California Building Standards Code from causing a motel or hotel to be designated as nontransient solely as a result of a shelter program participant's occupancy in the motel or hotel beyond a 30-day period, or from being interpreted to restrict the duration of occupancy for shelter program participants.
This bill would prohibit a hotel or motel from adopting termination policies, restricting access rights, or imposing charges or fees specifically for shelter program participants that do not apply to other occupants, and would also prohibit a motel or hotel from requiring those shelter program participants to check out and reregister, move out of rooms or between rooms, or from the hotel or motel while actively enrolled in the shelter for purposes of preventing occupants from establishing rights of tenancy.
This bill would repeal these provisions on January 1, 2025.
Statutes affected: AB1991: 53 CIV
02/10/22 - Introduced: 53 CIV
03/10/22 - Amended Assembly: 53 CIV
AB 1991: 53 CIV