SB 529

Bill Subjects

Abstract

Existing law makes it unlawful for a lessor to engage in specified activities for the purpose of influencing a tenant to vacate a dwelling, including using, or threatening to use, force, willful threats, or menacing conduct that interferes with the tenant's quiet enjoyment of the premises and that would create an apprehension of harm in a reasonable person. Existing law prohibits a lessor from retaliating against a lessee because the lessee 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, by increasing rent, decreasing services, causing a lessee to quit involuntarily, bringing an action to recover possession, or from threatening to do any of those acts. A lessor who violates this latter provision is liable to the lessee for actual damages and, under certain circumstances, punitive damages. This bill would declare that tenants have the right to form, join, and participate in the activities of a tenant association, subject to any restrictions as may be imposed by law, or to refuse to join or participate in the activities of a tenant association. The bill would define "tenant association" for these purposes and require a tenant association under these provisions to adopt bylaws or an operating agreement for purposes of its internal governance. The bill would require landlords to allow tenants and tenant organizers to engage in conduct related to the establishment or operation of a tenant association, except as specified, and prohibit a landlord or representative of the landlord from attending meetings of a tenant association unless invited by the tenant association. The bill would prohibit a landlord from terminating or refusing to renew a residential tenancy in a rental unit, as defined, occupied by a member of a tenant association subject to these provisions, except for cause, which would be required to be stated in writing. The bill would require any landlord who attempts to terminate a tenancy pursuant to these provisions to provide the tenant a written notice to quit or terminate that recites the grounds on which the landlord is proceeding. The bill would provide that a landlord who retaliates against a tenant for exercising the tenant's right to join, form, or participate in the activities of a tenant association, or who otherwise violates any of the above-described provisions of the bill, is liable to the tenant in a civil action for actual damages, injunctive relief, and, in specified circumstances, punitive damages. The bill would also make a landlord's violation of, or noncompliance with, these provisions an affirmative defense in any action by a landlord to recover possession of a rental unit. In an action for damages, the bill would require the court to award reasonable attorney's fees to the prevailing party if either party requests attorney's fees upon the initiation of the action. The bill would specify that these remedies are in addition to any other remedies available by law.