Assembly Bill 1064 aims to prohibit landlords from charging application fees to prospective tenants and modifies existing regulations regarding credit and background check fees. Specifically, the bill defines an "application fee" as any charge imposed by a landlord for reviewing a rental application, excluding authorized fees for credit and background checks. It explicitly states that landlords cannot charge an application fee or accept earnest money that includes such a fee. Additionally, the bill requires landlords to provide prospective tenants with a reasonable opportunity to submit their own credit or background reports before incurring any charges for obtaining these reports from third parties.
The bill also amends existing statutes to allow landlords to charge prospective tenants for credit and background checks only under certain conditions. Landlords may charge up to $25 for these checks but must notify tenants of the proposed charge and allow them to provide their own reports that are less than six months old. Furthermore, if a landlord charges for a credit or background check, they must provide the tenant with a copy of the report within seven business days, in the format requested by the tenant. These changes are intended to enhance tenant protections and ensure transparency in the rental application process.
Statutes affected: Bill Text: 704.085(1), 704.085