Plain English Breakdown
The bill makes nonsubstantive changes regarding untenantability (waterproofing and weather protection), but these are not detailed in the summary.
AB-1963: Rules for Rental Applications and Screening Reports
This law requires landlords to accept portable screening reports from tenants, bans extra application fees when these reports are used, and mandates that landlords list all rental requirements in writing before accepting an application.
What This Bill Does
- Requires landlords to accept a portable screening report prepared by a tenant screening company approved by the Department of Housing and Community Development.
- Prohibits landlords from charging specified fees associated with processing a rental application, including an application fee, or requiring additional background checks if a prospective tenant provides a valid portable screening report.
- Requires landlords to provide a written, complete, and itemized disclosure of all application requirements in a clear, plain-language format before accepting any application materials.
- Prohibits landlords from adding new requirements after the initial disclosure or denying an application based on failure to meet undisclosed requirements.
- Requires landlords to advise prospective tenants about these obligations in advertisements for dwelling units and before accepting applications.
- Mandates that if a landlord rejects an applicant who submitted a portable screening report, they must provide specific reasons for rejection in writing.
- Defines violations of these provisions as acts of unfair competition.
- Allows prospective tenants or the Attorney General to file civil actions against landlords who violate these rules.
Who It Names or Affects
- Landlords and their agents renting residential properties
- Prospective tenants applying for rental units
- Tenant screening companies approved by the Department of Housing and Community Development
Terms To Know
- Portable Screening Report
- A consumer report prepared by an approved tenant screening company that costs no more than $45, is dated within 45 days before submission to the landlord, and can be used for rental applications.
- Unfair Competition
- Any unlawful, unfair, or fraudulent business act or practice, including misleading advertising. Violations of this bill are considered acts of unfair competition subject to penalties.
Limits and Unknowns
- The official text does not specify the exact date when these rules will take effect.
- While a standardized format for disclosures is required, the specific details of that format must be prescribed by the Department of Housing and Community Development and are not detailed in this summary.
- Prospective tenants must give landlords an opportunity to fix violations before filing a civil lawsuit, but the specific time limit or method for this step is defined only as 'as provided' without further detail here.