BILL NUMBER: AB 1059	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 18, 2003
	AMENDED IN SENATE  JULY 27, 2003
	AMENDED IN SENATE  JULY 23, 2003
	AMENDED IN SENATE  JULY 9, 2003
	AMENDED IN ASSEMBLY  APRIL 28, 2003

INTRODUCED BY   Assembly Member Lieber
   (Coauthors:  Assembly Members Koretz and Levine)
   (Coauthor:  Senator Romero)

                        FEBRUARY 20, 2003

   An act to amend Section 1942.5 of, and to add Section 1940.2 to,
the Civil Code, relating to landlord and tenant.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1059, as amended, Lieber.  Landlord and tenant:  menacing and
retaliatory acts.
   (1) Existing law defines the crime of theft to include the
felonious taking of another's personal property, the fraudulent
appropriation of another's property held in trust, or defrauding
another of money, labor, or property.  Existing law defines the crime
of extortion as obtaining another's property, with consent, or
obtaining an official act of a public officer, induced by a wrongful
use of force or fear, or under color of official right.
   This bill would provide that a tenant is entitled to a civil
penalty of not more than $2,000 for each act of a landlord, made for
the purpose of influencing the tenant to vacate a dwelling, that
constitutes theft or extortion as defined above, or the use  , or
threatened use,  of force, threats, or menacing conduct
constituting a course of conduct that interferes with the tenant's
right to quiet enjoyment of the premises that would create an
apprehension of harm in a reasonable person.   The bill would
provide that certain warning notices and explanations do not violate
these provisions. 
   (2) Existing law provides that a lessor or the agent of a lessor
is liable to a lessee for, among other things, punitive damages of
not less than $100 nor more than $1,000 for specified retaliatory
acts where the lessor or agent has been guilty of fraud, oppression,
or malice with respect to that act.
   This bill would increase the maximum punitive damages allowed from
$1,000 to $2,000.  The bill would also make other technical,
nonsubstantive changes.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  no.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1940.2 is added to the Civil Code, to read:
   1940.2  .   (a) It is unlawful for a landlord to do any
of the following for the purpose of influencing a tenant to vacate a
dwelling:
   (1) Engage in conduct that violates subdivision (a) of Section 484
of the Penal Code.
   (2) Engage in conduct that violates Section 518 of the Penal Code.

   (3) Use  ,  or threaten to use  ,  force,
willful threats, or menacing conduct constituting a course of conduct
that interferes with the tenant's quiet enjoyment of the premises in
violation of Section 1927 that would create an apprehension of harm
in a reasonable person.   Nothing in this paragraph requires a tenant
to be actually or constructively evicted in order to obtain relief.

   (4) Commit a significant and intentional violation of Section
1954.
   (b) A tenant who prevails in a civil action, including an action
in small claims court, to enforce his or her rights under this
section is entitled to a civil penalty in an amount not to exceed two
thousand dollars ($2,000) for each violation.
   (c) An oral or written warning notice  , given in good faith,
 regarding conduct by a tenant, occupant, or guest that 
violates, may violate, or  violated the applicable  rental
agreement,  rules, regulations, lease, or laws, is not a
violation of this section.   An oral or written explanation of
the rental agreement, rules, regulations, lease, or laws given in the
normal course of business is not a violation of this section. 
   (d) Nothing in this section shall enlarge or diminish a landlord's
right to terminate a tenancy pursuant to existing state or local
law.
  SEC. 2.  Section 1942.5 of the Civil Code is amended to read:
   1942.5.  (a) If the lessor retaliates against the lessee because
of the exercise by the lessee of his rights under this chapter or
because of his complaint to an appropriate agency as to tenantability
of a dwelling, and if the lessee of a dwelling is not in default as
to the payment of his rent, the lessor may not recover possession of
a dwelling in any action or proceeding, cause the lessee to quit
involuntarily, increase the rent, or decrease any services within 180
days of any of the following:
   (1) After the date upon which the lessee, in good faith, has given
notice pursuant to Section 1942, or has made an oral complaint to
the lessor regarding tenantability.
   (2) After the date upon which the lessee, in good faith, has filed
a written complaint, or an oral complaint which is registered or
otherwise recorded in writing, with an appropriate agency, of which
the lessor has notice, for the purpose of obtaining correction of a
condition relating to tenantability.
   (3) After the date of an inspection or issuance of a citation,
resulting from a complaint described in paragraph (2) of which the
lessor did not have notice.
   (4) After the filing of appropriate documents commencing a
judicial or arbitration proceeding involving the issue of
tenantability.
   (5) After entry of judgment or the signing of an arbitration
award, if any, when in the judicial proceeding or arbitration the
issue of tenantability is determined adversely to the lessor.
   In each instance, the 180-day period shall run from the latest
applicable date referred to in paragraphs (1) to (5), inclusive.
   (b) A lessee may not invoke subdivision (a) more than once in any
12-month period.
   (c) It is unlawful for a lessor to increase rent, decrease
services, cause a lessee to quit involuntarily, bring an action to
recover possession, or threaten to do any of those acts, for the
purpose of retaliating against the lessee because he or she has
lawfully organized or participated in a lessees' association or an
organization advocating lessees' rights or has lawfully and peaceably
exercised any rights under the law.  In an action brought by or
against the lessee pursuant to this subdivision, the lessee shall
bear the burden of producing evidence that the lessor's conduct was,
in fact, retaliatory.
   (d) Nothing in this section shall be construed as limiting in any
way the exercise by the lessor of his or her rights under any lease
or agreement or any law pertaining to the hiring of property or his
or her right to do any of the acts described in subdivision (a) or
(c) for any lawful cause.  Any waiver by a lessee of his or her
rights under this section is void as contrary to public policy.
   (e) Notwithstanding subdivisions (a) to (d), inclusive, a lessor
may recover possession of a dwelling and do any of the other acts
described in subdivision (a) within the period or periods prescribed
therein, or within subdivision (c), if the notice of termination,
rent increase, or other act, and any pleading or statement of issues
in an arbitration, if any, states the ground upon which the lessor,
in good faith, seeks to recover possession, increase rent, or do any
of the other acts described in subdivision (a) or (c).  If the
statement is controverted, the lessor shall establish its truth at
the trial or other hearing.
   (f) Any lessor or agent of a lessor who violates this section
shall be liable to the lessee in a civil action for all of the
following:
   (1) The actual damages sustained by the lessee.
   (2) Punitive damages in an amount of not less than one hundred
dollars ($100) nor more than two thousand dollars ($2,000) for each
retaliatory act where the lessor or agent has been guilty of fraud,
oppression, or malice with respect to that act.
   (g) In any action brought for damages for retaliatory eviction,
the court shall award reasonable attorney's fees to the prevailing
party if either party requests attorney's fees upon the initiation of
the action.
   (h) The remedies provided by this section shall be in addition to
any other remedies provided by statutory or decisional law.