BILL NUMBER: AB 647	CHAPTERED  07/24/03

	CHAPTER  109
	FILED WITH SECRETARY OF STATE  JULY 24, 2003
	APPROVED BY GOVERNOR  JULY 23, 2003
	PASSED THE ASSEMBLY  JULY 10, 2003
	PASSED THE SENATE  JULY 7, 2003
	AMENDED IN SENATE  JULY 1, 2003
	AMENDED IN ASSEMBLY  APRIL 8, 2003

INTRODUCED BY   Assembly Member Nunez
   (Coauthors:  Assembly Members Levine and Lieber)

                        FEBRUARY 19, 2003

   An act to amend Section 1942.4 of the Civil Code, and to add
Section 1174.21 to the Code of Civil Procedure, relating to tenancy.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 647, Nunez.  Tenancy:  code violations:  penalties.
   (1) Existing law provides that a landlord is liable to a tenant
for up to $1,000 when the landlord demands or collects rent on a
building that is untenantable, has been inspected by a public officer
responsible for the enforcement of any housing law who has provided
a specified notice to a landlord, and for which the violations have
continued to exist for 60 days, as specified.
   This bill would provide that a landlord is liable also when the
landlord issues a notice of rent increase or issues a 3-day notice
pursuant to an unlawful detainer action, as specified.  The bill
would add certain health and safety violations to the list of
characteristics of a dwelling that may result in liability.  The bill
would reduce the period of time that the violations would need to
have continued to exist to 35 days, as specified.  The bill would
also increase the amount that a tenant or lessee could collect under
these provisions to $5,000, and permit the recovery of costs.
   (2) Existing law permits a landlord to bring an action for
unlawful detainer and permits a tenant to assert an affirmative
defense that the landlord has failed in his or her obligation to
provide a tenantable dwelling or has breached any other warranty of
habitability.
   This bill would provide that a landlord who institutes an unlawful
detainer proceeding based upon a tenant's nonpayment of rent, and
who is in violation of specified provisions, is liable to the tenant
or lessee for reasonable attorney's fees and costs of the suit, in an
amount to be fixed by the court.


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


  SECTION 1.  Section 1942.4 of the Civil Code is amended to read:
   1942.4.  (a) A landlord of a dwelling may not demand rent, collect
rent, issue a notice of a rent increase, or issue a three-day notice
to pay rent or quit pursuant to subdivision (2) of Section 1161 of
the Code of Civil Procedure, if all of the following conditions exist
prior to the landlord's demand or notice:
   (1) The dwelling substantially lacks any of the affirmative
standard characteristics listed in Section 1941.1 or violates Section
17920.10 of the Health and Safety Code, or is deemed and declared
substandard as set forth in Section 17920.3 of the Health and Safety
Code because conditions listed in that section exist to an extent
that endangers the life, limb, health, property, safety, or welfare
of the public or the occupants of the dwelling.
   (2) A public officer or employee who is responsible for the
enforcement of any housing law, after inspecting the premises, has
notified the landlord or the landlord's agent in writing of his or
her obligations to abate the nuisance or repair the substandard
conditions.
   (3) The conditions have existed and have not been abated 35 days
beyond the date of service of the notice specified in paragraph (2)
and the delay is without good cause.  For purposes of this
subdivision, service shall be complete at the time of deposit in the
United States mail.
   (4) The conditions were not caused by an act or omission of the
tenant or lessee in violation of Section 1929 or 1941.2.
   (b) (1) A landlord who violates this section is liable to the
tenant or lessee for the actual damages sustained by the tenant or
lessee and special damages of not less than one hundred dollars
($100) and not more than five thousand dollars ($5,000).
   (2) The prevailing party shall be entitled to recovery of
reasonable attorney's fees and costs of the suit in an amount fixed
by the court.
   (c) Any court that awards damages under this section may also
order the landlord to abate any nuisance at the rental dwelling and
to repair any substandard conditions of the rental dwelling, as
defined in Section 1941.1, which significantly or materially affect
the health or safety of the occupants of the rental dwelling and are
uncorrected.  If the court orders repairs or corrections, or both,
the court's jurisdiction continues over the matter for the purpose of
ensuring compliance.
   (d) The tenant or lessee shall be under no obligation to undertake
any other remedy prior to exercising his or her rights under this
section.
   (e) Any action under this section may be maintained in small
claims court if the claim does not exceed the jurisdictional limit of
that court.
   (f) The remedy provided by this section may be utilized in
addition to any other remedy provided by this chapter, the rental
agreement, lease, or other applicable statutory or common law.
Nothing in this section shall require any landlord to comply with
this section if he or she pursues his or her rights pursuant to
Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1
of the Government Code.
  SEC. 2.  Section 1174.21 is added to the Code of Civil Procedure,
to read:
   1174.21.  A landlord who institutes an unlawful detainer
proceeding based upon a tenant's nonpayment of rent, and who is
liable for a violation of Section 1942.4 of the Civil Code, shall be
liable to the tenant or lessee for reasonable attorneys' fees and
costs of the suit, in an amount to be fixed by the court.