California Legislature—2013–14 Regular Session

Assembly Bill No. 969

Introduced by Assembly Member Ammiano

February 22, 2013

An act to amend Section 1942.5 of the Civil Code and Section 1174.2 of the Code of Civil Procedure, relating to landlord and tenants.

LEGISLATIVE COUNSEL’S DIGEST

AB 969, as introduced, Ammiano. Landlord and tenant.

(1) Existing law provides that, if a lessor retaliates against a lessee of a dwelling for exercising his or her rights or because of a complaint to an appropriate agency as to tenantability and the lessee is not in default as to the payment of rent, the lessor may not recover possession, cause the lessee to quit involuntarily, increase the rent, or decrease any services within 180 days of the occurrence of specified events.

This bill would provide that a lessee is not in default as to the payment of rent when the lessee has made all payments or has exercised a right to deduct an amount from or withhold rent, or the lessor is prohibited from collecting rent.

(2) Existing law governs unlawful detainer proceedings. Existing law requires a court, in an unlawful detainer proceeding involving residential premises, as specified, and in which the tenant has raised as an affirmative defense a breach of the landlord’s obligations, as provided by law, or of any warranty of habitability, to determine whether a substantial breach of these obligations has occurred.

This bill would clarify that, in unlawful detainer proceedings involving residential premises, the jury, or the court, if the proceeding is tried without a jury, shall determine whether a substantial breach of the obligations has occurred.

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 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 begin insert or her end insert rights under this chapter
or because of his begin insert or her end insert 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 begin insert or her end insert 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 begin delete which end delete begin insert that end insert 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) begin insert   end insert begin insert (1) end insert  A lessee may not invoke subdivision (a) more than once
in any 12-month period.

begin insert

(2) For purposes of subdivision (a), a lessee of a dwelling is
not in default as to the payment of rent when either of the following
conditions are met:

end insert begin insert

(A) The lessee has made all rent payments due or has exercised
his or her right to deduct an amount from or withhold the payment
of rent pursuant to this chapter.

end insert begin insert

(B) The lessor is prohibited from collecting rent pursuant to
this chapter.

end insert

(c)  begin delete It end delete begin insert Notwithstanding subdivision (a), it end insert 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.

SEC. 2.  

Section 1174.2 of the Code of Civil Procedure is
amended to read:

1174.2.  

(a) In an unlawful detainer proceeding involving
residential premises after default in payment of rent and in which
the tenant has raised as an affirmative defense a breach of the
landlord’s obligations under Section 1941 of the Civil Code or of
any warranty of habitability, the begin delete court end delete begin insert jury, or the court, if the
proceeding is tried without a jury, end insert shall determine whether a
substantial breach of these obligations has occurred. If the begin delete court end delete
begin insert trier of fact end insert finds that a substantial breach has occurred, begin delete the court end delete
begin insert it end insert (1) shall determine the reasonable rental value of the premises
in its untenantable state to the date of trial, (2) shall deny
possession to the landlord and adjudge the tenant to be the
prevailing party, conditioned upon the payment by the tenant of
the rent that has accrued to the date of the trial as adjusted pursuant
to this subdivision within a reasonable period of time not exceeding
five days, from the date of the begin delete court’s end delete judgment or, if service of
the begin delete court’s end delete judgment is made by mail, the payment shall be made
within the time set forth in Section 1013, (3) may order the landlord
to make repairs and correct the conditions which constitute a breach
of the landlord’s obligations, (4) shall order that the monthly rent
be limited to the reasonable rental value of the premises as
determined pursuant to this subdivision until repairs are completed,
and (5) except as otherwise provided in subdivision (b), shall award
the tenant costs and begin delete attorneys’ end delete begin insert attorney’s end insert fees if provided by, and
pursuant to, any statute or the contract of the parties. If the court
orders repairs or corrections, or both, pursuant to paragraph (3),
the court’s jurisdiction continues over the matter for the purpose
of ensuring compliance. The begin insert jury or end insert court shall, however, award
possession of the premises to the landlord if the tenant fails to pay
all rent accrued to the date of trial, as determined due in the
judgment, within the period prescribed by the begin insert jury or end insert court pursuant
to this subdivision. The tenant shall, however, retain any rights
conferred by Section 1174.

(b) If the begin delete court end delete begin insert jury, or the court, if the proceeding is tried
without a jury, end insert determines that there has been no substantial breach
of Section 1941 of the Civil Code or of any warranty of habitability
by the landlord or if the tenant fails to pay all rent accrued to the
date of trial, as required by the begin insert jury or end insert court pursuant to subdivision
(a), then judgment shall be entered in favor of the landlord, and
the landlord shall be the prevailing party for begin delete the end delete purposes of
awarding costs or begin delete attorneys’ end delete begin insert attorney’s end insert fees pursuant to any statute
or the contract of the parties.

(c) As used in this section, “substantial breach” means the failure
of the landlord to comply with applicable building and housing
code standards begin delete which end delete begin insert that end insert materially affect health and safety.

(d) Nothing in this section is intended to deny the tenant the
right to a trial by jury. Nothing in this section shall limit or
supersede any provision of Chapter 12.75 (commencing with
Section 7060) of Division 7 of Title 1 of the Government Code.