Existing law governs the hiring of real property based on the terms of the agreement or on the behavior of the parties. Existing law requires a landlord to change the locks of a tenant's dwelling if that tenant is a victim of abuse or violence or has an immediate family member or household member who is a victim of abuse or violence, including alleged abuse or violence, as long as the tenant is not alleged to have committed the abuse or violence. Existing law requires a tenant requesting a lock change to provide the landlord with specified documentation.
This bill would require a landlord to provide reasonable accommodations, as defined, at the request of a tenant who is a victim or whose family member is a victim of abuse or violence, as specified. The bill would require a landlord, upon receiving a request for a reasonable accommodation, to engage in a timely, good faith, and interactive process with the tenant to determine an effective accommodation, taking into account any exigent circumstances or danger facing the tenant or their family member. The bill would authorize a landlord to request certification from a tenant requesting a reasonable accommodation, as specified, and impose confidentiality requirements upon any certification or other documentation provided to the landlord, except as provided. The bill would require the landlord to provide written notice whether a request has been approved or denied, and, if denied, require the notice to detail the reasons for denial.
Existing law prohibits a landlord from taking an adverse action, as defined, based on, among other things, a prospective tenant having previously requested to have their locks changed due to abuse or violence and provides that a landlord who violates this prohibition is liable to the tenant in a civil action for actual damages an statutory damages of not less than $100 and not more than $5,000.
This bill would prohibit a landlord from retaliating or otherwise discriminating against a tenant for requesting a reasonable accommodation, as specified, and would provide that a landlord is liable to the tenant in a civil action for the same above-described damages, as provided.
The bill would also specify that it does not require a landlord to undertake an action that constitutes an undue hardship on the landlord, as defined.