Jessica Weisman, Esq.
December, 2017
Bills AB 291 and AB 299, known as the Immigrant Tenant Protection Act, create several protections intended to prohibit housing discrimination or harassment based on immigration or citizenship status. The law amends and creates a number of code sections. The revised code sections are printed at the end of this article.
Newly created Civil Code §1940.05 defines immigration or citizenship status to include a person’s actual immigration or citizenship status, as well as a perception that a person has a particular immigration or citizenship status, or that a person is associated with a person who has, or is perceived to have, a particular immigration or citizenship status.
Civil Code §1940.2 was amended to prohibit a landlord from threatening to disclose information regarding or relating to the immigration or citizenship status of a tenant, occupant, or other person associated with a tenant or occupant of a dwelling, for the purpose of influencing a tenant to vacate a dwelling.
Civil Code §1940.3 was amended to prohibit a landlord from inquiring about or disclosing to any person or entity information regarding or relating to the immigration or citizenship status of any tenant, prospective tenant, occupant, or prospective occupant of the rental property for the purpose of, or with the intent to, harass, intimidate, retaliate, or influence a tenant to vacate a unit.
New Civil Code §1940.35 prohibits landlords from disclosing any information regarding the immigration or citizenship status of a tenant, occupant, or person associated with the tenant, to any immigration authority, law enforcement agency, or local, state, or federal agency, for the purpose of, or with the intent of, harassing or intimidating a tenant or occupant, retaliating against a tenant or occupant for the exercise of his or her rights, influencing a tenant or occupant to vacate a dwelling, or recovering possession of the dwelling, irrespective of whether the tenant or occupant currently resides in the dwelling. The law does allow such disclosure to comply with any legal obligation under federal law, including, but not limited to, any legal obligation under any federal government program that provides for rent limitations or rental assistance to a qualified tenant, or a subpoena, warrant, or other order issued by a court.
Code of Civil Procedure §1161.4 will prohibit unlawful detainers based on immigration or citizenship status unless the landlord is complying with a federal affordable housing program. Code of Civil Procedure §1161.4 also will affect a landlord’s ability to request a social security number, consumer credit report, or identification, if the landlord has already approved the tenant to take possession of the unit.
The new law also adds Civil Code § 1940.05 (defining “immigration or citizenship status), modifies Civil Code §1942.5 (regarding landlord retaliation against tenants), Business & Professions Code §6103.7 (attorney discipline), and adds Civil Code §3339.10 (to specify that immigration and citizenship status are irrelevant in most landlord tenant disputes).
The code section text appears on the attached pdf.
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