BILL NUMBER: AB 976	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 17, 2007
	AMENDED IN ASSEMBLY  APRIL 26, 2007
	AMENDED IN ASSEMBLY  APRIL 11, 2007
	AMENDED IN ASSEMBLY  MARCH 27, 2007

INTRODUCED BY   Assembly Member Charles Calderon
    (   Coauthors:   Assembly Members 
 Arambula,   Coto,   De Leon,  
Hernandez,   Mendoza,   Saldana,  
Solorio,   Soto,   and Torrico   ) 
    (   Coauthors:   Senators  
Cedillo   and Padilla   ) 

                        FEBRUARY 22, 2007

   An act to add Section 1940.3 to the Civil Code, relating to
tenancy.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 976, as amended, Charles Calderon. Tenancy: tenant's
characteristics.
   Existing law regulates the terms and conditions of residential
tenancies. Existing law requires, among other things, that a dwelling
unit be fit for human occupation, and prohibits a landlord from
engaging in certain activities, including threats and extortion, to
influence a tenant to vacate.
   This bill would prohibit a city, county, or city and county from
requiring a landlord to, among other things, compile, disclose,
report, provide, or otherwise take any action regarding a tenant or a
prospective tenant based on the immigration or citizenship status of
that tenant. The bill would also prohibit a landlord from
independently performing any of these acts. The bill would specify
that these provisions do not prohibit a landlord from complying with
any  conflicting  federal law  or from
requesting information necessary to determine or verify identity or
financial qualifications  .
   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 1940.3 is added to the Civil Code, to read:
   1940.3.  (a) No city, county, or city and county shall, by
statute, ordinance, or regulation, or by administrative action
implementing any statute, ordinance, or regulation, compel a landlord
or any agent of the landlord to make any inquiry, compile, disclose,
report, or provide any information, prohibit offering or continuing
to offer, accommodations in the property for rent or lease, or
otherwise take any action regarding or based on the immigration or
citizenship status of a tenant, prospective tenant, occupant, or
prospective occupant of residential rental property.
   (b) No landlord or any agent of the landlord shall do any of the
following:
   (1) Make any inquiry regarding or based on the immigration or
citizenship status of a tenant, prospective tenant, occupant, or
prospective occupant of residential rental property.
   (2) Require that any tenant, prospective tenant, occupant, or
prospective occupant of the rental property make any statement,
representation, or certification concerning his or her immigration or
citizenship status.
   (c) Nothing in this section shall prohibit a landlord from
 complying   either: 
    (1)     Complying  with any 
conflicting  legal obligation under federal law. 
   (2) Requesting information or documentation necessary to determine
or verify the financial qualifications of a prospective tenant, or
to determine or verify the identity of a prospective tenant or
prospective occupant.