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Effective Jan 1, 2022Amended by Stats. 2021, Ch. 626, Sec. 13. (AB 1171) Effective January 1, 2022.
(a) For purposes of this section:
- (1) “Individual in an emergency” means a person who believes that immediate action is required to prevent or mitigate the loss or impairment of life, health, or property.
- (2) “Local agency” means a county, city, whether general law or chartered, city and county, town, housing authority, municipal corporation, district, political subdivision, or any board, commission, or agency thereof, or other local public agency.
- (3) “Occupant” means a person residing in a dwelling unit with the tenant. “Occupant” includes a lodger as defined in Section 1946.5 of the Civil Code.
(4) “Penalty” means the following:
- (A) The actual or threatened assessment of fees, fines, or penalties.
- (B) The actual or threatened termination of a tenancy or the actual or threatened failure to renew a tenancy.
- (C) The actual or threatened revocation, suspension, or nonrenewal of a rental certificate, license, or permit.
- (D) The designation or threatened designation as a nuisance property or as a perpetrator of criminal activity under local law, or imposition or threatened imposition of a similar designation.
- (E) Subjecting a tenant to inferior terms, privileges, and conditions of tenancy in comparison to tenants who have not sought law enforcement assistance or emergency assistance.
- (5) “Resident” means a member of the tenant’s household or any other occupant living in the dwelling unit with the consent of the tenant.
- (6) “Tenant” means tenant, subtenant, lessee, or sublessee.
(7) “Victim of abuse” includes:
- (A) A victim of domestic violence as defined in Section 6211 of the Family Code.
- (B) A victim of elder or dependent adult abuse as defined in Section 15610.07 of the Welfare and Institutions Code.
- (C) A victim of human trafficking as described in Section 236.1 of the Penal Code.
- (D) A victim of sexual assault means a victim of any act made punishable by Section 261, 264.1, 285, 286, 288, 288a, or 289 of the Penal Code.
- (E) A victim of stalking as described in Section 1708.7 of the Civil Code or Section 646.9 of the Penal Code.
- (8) “Victim of crime” means a victim of a misdemeanor or felony.
- (b) A local agency shall not promulgate, enforce, or implement any ordinance, rule, policy, or regulation, that authorizes, or requires the imposition, or threatened imposition, of a penalty against a resident, owner, tenant, landlord, or other person as a consequence of law enforcement assistance or emergency assistance being summoned by, or on behalf of, a victim of abuse, a victim of crime, or an individual in an emergency.
(c) If a local agency violates this section, a resident, tenant, owner, landlord, or other person may obtain the following:
- (1) A court order requiring the local agency to cease and desist the unlawful practice.
- (2) A court order rendering null and void any ordinance, rule, policy, or regulation that violates this section.
- (3) Other equitable relief as the court may deem appropriate.
- (d) This section preempts any local ordinance, rule, policy, or regulation insofar as it is inconsistent with this section, irrespective of the effective date of the ordinance, rule, policy, or regulation.