AB 1436 - Additional tenant protections

[Michael D.]

Since I'm still new here I figured I should start contributing by sharing this to the group.  A bill pending with the California legislature just came across my desk, AB 1436.  A link and a summary appear below.  It's just a proposed bill at this point, and while it may or may not become law (at least in current form), I think that it is a good indicator of where Sacramento is going towards in terms of tenant protections related to COVID-19.

http://leginfo.legislature.ca....

According to the legislative summary, the bill:

-"Prohibits a landlord from applying a security deposit or monthly rental payment for the satisfaction of an obligation other than the prospective month’s rent if the obligation accrued  between the date a state of emergency
relating to the COVID-19 pandemic was declared and either April 1, 2021, or 90 days after termination of the state of emergency, whichever is earlier (hereafter “effective time period”), unless the payment or security is specifically designated by the tenant for the obligation." 

-"Provides that a covered tenant, as defined, who failed to pay rent that accrued during that effective time period shall not be deemed to be in default and would prohibit any action for recovery of unpaid rent until 12 months after the effective time period. The bill would define “covered tenant” as a tenant who is unable to satisfy rent accrued during the effective time period due to a loss of income or increased expenses resulting from COVID-19 and who provides a written statement to that effect to their landlord, as specified. The bill would prohibit certain entities, including a housing provider, from using an alleged default in rent that accrued during the effective time period as a negative factor for the purpose of evaluating creditworthiness or for other specified purposes."