AB 1076: Public postsecondary education: campus housing: priority for homeless youth: report.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2017-03-28
Existing law requests campuses of the California Community Colleges, requires campuses of the California State University, and requires campuses of the University of California, subject to its agreement by resolution, to do both of the following: (1) give priority for housing to current and former foster youth and current and former homeless youth, and (2) as to campuses that maintain student housing facilities open for occupation during school breaks, or on a year-round basis, give first priority to current and former foster youth and current and former homeless youth for residence in housing facilities that are open for uninterrupted year-round occupation at no extra cost during academic or campus breaks, and next give priority to current and former foster youth and current and former homeless youth for housing that is open for occupation during the most days in the calendar year.
This bill would require the Legislative Analysts Office, in consultation with the California Community Colleges, the California State University, and the University of California, to conduct a study that includes specified information on the implementation of this law and report the study to the Legislature on or before January 1, 2020.
Existing law provides for the payment of a nonrefundable applicant screening fee as a condition of renting a residential property, as specified, and requires a landlord to provide an applicant, as defined, with a copy of a consumer credit report obtained with respect to the applicant, upon the payment of an application screening fee and applicants request.This bill would make a nonsubstantive change to that provision.Existing law provides for the payment of a nonrefundable applicant screening fee as a condition of renting a residential property, as specified, and requires a landlord to provide an applicant, as defined, with a copy of a consumer credit report obtained with respect to the applicant, upon the payment of an application screening fee and applicants request.
This bill would make a nonsubstantive change to that provision.
(a)The Legislative Analysts Office, in consultation with the California Community Colleges, the California State University, and the University of California, shall conduct a study on the implementation of Sections 76010, 90001.5, and 92660. The study shall do, but not necessarily be limited to, all of the following:
(1)Identify the campuses that provide, pursuant to Section 76010, 90001.5, or 92660, as applicable, campus housing priority, or campus housing at no extra cost during academic or campus breaks, or both, to current and former foster youth, or current and former homeless youth, or both.
(2)Determine how many current and former foster youth and current and former homeless youth received housing pursuant to Section 76010, 90001.5, or 92660, as applicable, disaggregated by campus.
(3)Estimate how much money on average current and former foster youth and current and former homeless youth saved by receiving campus housing at no extra cost as described in paragraph (1), disaggregated by campus.
(4)Determine how much money it cost campuses to provide campus housing to current and former foster youth, or current and former homeless youth, or both, as applicable, at no extra cost as described in paragraph (1), disaggregated by campus.
(5)Identify best practices used by campuses to implement Section 76010, 90001.5, or 92660, as applicable.
(b)On or before January 1, 2020, the Legislative Analysts Office shall report to the Legislature, pursuant to Section 9795 of the Government Code, the study described in subdivision (a).
(c)Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2024.
SECTION 1.Section 1950.6 of the Civil Code is amended to read:1950.6.(a)Notwithstanding Section 1950.5, when a landlord or his or her agent receives a request to rent a residential property from an applicant, the landlord or his or her agent may charge that applicant an application screening fee to cover the costs of obtaining information about the applicant. The information requested and obtained by the landlord or his or her agent may include, but is not limited to, personal reference checks and consumer credit reports produced by consumer credit reporting agencies as defined in Section 1785.3. A landlord or his or her agent may, but is not required to, accept and rely upon a consumer credit report presented by an applicant.(b)The amount of the application screening fee shall not be greater than the actual out-of-pocket costs of gathering information concerning the applicant, including, but not limited to, the cost of using a tenant screening service or a consumer credit reporting service, and the reasonable value of time spent by the landlord or his or her agent in obtaining information on the applicant. In no case shall the amount of the application screening fee charged by the landlord or his or her agent be greater than thirty dollars ($30) per applicant. The thirty dollar ($30) application screening fee may be adjusted annually by the landlord or his or her agent commensurate with an increase in the Consumer Price Index, beginning on January 1, 1998.(c)Unless the applicant agrees in writing, a landlord or his or her agent may not charge an applicant an application screening fee when he or she knows or should have known that no rental unit is available at that time or will be available within a reasonable period of time.(d)The landlord or his or her agent shall provide, personally, or by mail, the applicant with a receipt for the fee paid by the applicant that shall itemize the out-of-pocket expenses and time spent by the landlord or his or her agent to obtain and process the information about the applicant.(e)If the landlord or his or her agent does not perform a personal reference check or does not obtain a consumer credit report, the landlord or his or her agent shall return any amount of the screening fee that is not used for the purposes authorized by this section to the applicant.(f)If an application screening fee has been paid by the applicant and if requested by the applicant, the landlord or his or her agent shall provide a copy of the consumer credit report to the applicant who is the subject of that report.(g)As used in this section, landlord means an owner of residential rental property.(h)As used in this section, application screening fee means any nonrefundable payment of money charged by a landlord or his or her agent to an applicant, the purpose of which is to purchase a consumer credit report and to validate, review, or otherwise process an application for the rent or lease of residential rental property.(i)As used in this section, applicant means any entity or individual who makes a request to a landlord or his or her agent to rent a residential housing unit, or an entity or individual who agrees to act as a guarantor or cosignor on a rental agreement.(j)The application screening fee shall not be considered an advance fee as that term is used in Section 10026 of the Business and Professions Code, and shall not be considered security as that term is used in Section 1950.5.(k)This section is not intended to preempt any provisions or regulations that govern the collection of deposits and fees under federal or state housing assistance programs.(a)Notwithstanding Section 1950.5, when a landlord or his or her agent receives a request to rent a residential property from an applicant, the landlord or his or her agent may charge that applicant an application screening fee to cover the costs of obtaining information about the applicant. The information requested and obtained by the landlord or his or her agent may include, but is not limited to, personal reference checks and consumer credit reports produced by consumer credit reporting agencies as defined in Section 1785.3. A landlord or his or her agent may, but is not required to, accept and rely upon a consumer credit report presented by an applicant.
(b)The amount of the application screening fee shall not be greater than the actual out-of-pocket costs of gathering information concerning the applicant, including, but not limited to, the cost of using a tenant screening service or a consumer credit reporting service, and the reasonable value of time spent by the landlord or his or her agent in obtaining information on the applicant. In no case shall the amount of the application screening fee charged by the landlord or his or her agent be greater than thirty dollars ($30) per applicant. The thirty dollar ($30) application screening fee may be adjusted annually by the landlord or his or her agent commensurate with an increase in the Consumer Price Index, beginning on January 1, 1998.
(c)Unless the applicant agrees in writing, a landlord or his or her agent may not charge an applicant an application screening fee when he or she knows or should have known that no rental unit is available at that time or will be available within a reasonable period of time.
(d)The landlord or his or her agent shall provide, personally, or by mail, the applicant with a receipt for the fee paid by the applicant, which receipt applicant that shall itemize the out-of-pocket expenses and time spent by the landlord or his or her agent to obtain and process the information about the applicant.
(e)If the landlord or his or her agent does not perform a personal reference check or does not obtain a consumer credit report, the landlord or his or her agent shall return any amount of the screening fee that is not used for the purposes authorized by this section to the applicant.
(f)If an application screening fee has been paid by the applicant and if requested by the applicant, the landlord or his or her agent shall provide a copy of the consumer credit report to the applicant who is the subject of that report.
(g)As used in this section, landlord means an owner of residential rental property.
(h)As used in this section, application screening fee means any nonrefundable payment of money charged by a landlord or his or her agent to an applicant, the purpose of which is to purchase a consumer credit report and to validate, review, or otherwise process an application for the rent or lease of residential rental property.
(i)As used in this section, applicant means any entity or individual who makes a request to a landlord or his or her agent to rent a residential housing unit, or an entity or individual who agrees to act as a guarantor or cosignor on a rental agreement.
(j)The application screening fee shall not be considered an advance fee as that term is used in Section 10026 of the Business and Professions Code, and shall not be considered security as that term is used in Section 1950.5.
(k)This section is not intended to preempt any provisions or regulations that govern the collection of deposits and fees under federal or state housing assistance programs.
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Date
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Status
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| Feb 1, 2018 | From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. |
| Jan 31, 2018 | Died pursuant to Art. IV, Sec. 10(c) of the Constitution. |
| May 26, 2017 | In committee: Held under submission. |
| May 17, 2017 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 26, 2017 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 12. Noes 0.) (April 25). Re-referred to Com. on APPR. |
| Mar 29, 2017 | Re-referred to Com. on HIGHER ED. |
| Mar 28, 2017 | From committee chair, with author's amendments: Amend, and re-refer to Com. on HIGHER ED. Read second time and amended. |
| Mar 27, 2017 | Referred to Com. on HIGHER ED. |
| Feb 17, 2017 | From printer. May be heard in committee March 19. |
| Feb 16, 2017 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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| Apr 25, 2017 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Higher Education |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
Date of Hearing: May 17, 2017
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 1076
Author:(Medina) – As Amended Ver:March 28, 2017
Policy Committee: | Higher Education | Vote: | 12 - 0 |
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill requires the Legislative Analyst’s Office (LAO), in consultation with the California Community Colleges (CCC), the California State University (CSU), and the University of California (UC), to conduct a study on the implementation of several statutes and report the study to the Legislature by January 1, 2020. Specifically, this bill:
- Requires the LAO, in consultation with the CCC, CSU, and UC, to report the following information disaggregated by campus:
- Campuses that provide campus housing priority, or campus housing at no extra cost during academic or campus breaks, or both, to current and former foster youth, or current and former homeless youth, or both.
- Information on how many current and former foster youth, and current and former homeless youth, received housing.
- Estimate how much money on average current and former foster youth and current and former homeless youth, saved by receiving campus housing at no extra cost.
- Determine how much money it costs campuses to provide campus housing to current and former foster youth, or current and former homeless youth, or both, as applicable, at no extra cost.
FISCAL EFFECT:
- Cost pressure of $120,000 to the LAO. Without additional funding to complete the report, the LAO will have to deprioritize other reports.
- Unknown cost pressures for CCC, CSU and UC to provide data and technical support to the LAO.
COMMENTS:
Background and Purpose. According to the author, “AB 1076 came about following several meetings with my constituents. Students who experience food insecurity and housing displacement are invisible, and there is very little research on this student population. The provisions of AB 1228 have the potential to make a significant impact on the housing security of homeless and foster youth, and it is important that the Legislature monitor how the law is being implemented.”
AB 1228 (Gipson) of Chapter 571, Statutes of 2015 extended priority housing at the UC, CSU, and CCC to homeless youth, and requests campuses to develop plans to ensure that homeless and foster youth have housing during breaks. Little is known about these two populations because of the stigma of being homeless or a foster youth. While there is no concrete estimate for the number of homeless college students nationwide, 58,158 college applicants indicated that they were homeless on federal financial aid forms for the 2012-13 academic year (most recent data available to date). According to National Association for the Education of Homeless Children and Youth (NAEHCY) these numbers are up eight percent from 53,705 in the previous year. NAEHCY argues that the number is likely understated, since some students may be staying in a car, relatives' or fellow classmates' couches, or motels, and do not realize they are technically homeless, or do not want to admit to it. Given available national data, California has the highest rate of homeless youth and twice the rate of homeless students as the national average (four percent in CA vs. two percent nationally).
Analysis Prepared by: Daisy Gonzales / APPR. / (916) 319-2081
Date of Hearing: April 25, 2017
ASSEMBLY COMMITTEE ON HIGHER EDUCATION
Jose Medina, Chair
ABPCA Bill Id:AB 1076 (
Author:Medina) – As Amended Ver:March 28, 2017
SUBJECT: Public postsecondary education: campus housing: priority for homeless youth: report
SUMMARY: Requires the Legislative Analyst’s Office (LAO), in consultation with the California Community Colleges (CCC), the California State University (CSU), and the University of California (UC), to conduct a study on the implementation of several statutes and report the study to the Legislature on or before January 1, 2020. Specifically, this bill:
- Requires the LAO, in consultation with the CCC, CSU, and UC, to report the following:
- Identify the campuses that provide, pursuant to Section 76010, 90001.5, or 92660, as applicable, campus housing priority, or campus housing at no extra cost during academic or campus breaks, or both, to current and former foster youth, or current and former homeless youth, or both.
- Determine how many current and former foster youth and current and former homeless youth received housing pursuant to Section 76010, 90001.5, or 92660, as applicable, disaggregated by campus.
- Estimate how much money on average current and former foster youth and current and former homeless youth saved by receiving campus housing at no extra cost as described in paragraph (1), disaggregated by campus.
- Determine how much money it cost campuses to provide campus housing to current and former foster youth, or current and former homeless youth, or both, as applicable, at no extra cost as described in paragraph (1), disaggregated by campus.
- Identify best practices used by campuses to implement Section 76010, 90001.5, or 92660, as applicable.
- Requires the LAO, by January 1, 2020, to report to the Legislature, pursuant to Section 9795 of the Government Code, the study described in subdivision (a).
EXISTING LAW:
- Requests the UC Regents and the CSU Trustees to explore methods of using the admissions-by-exemption category to assist the transition of students in foster care into four-year public institutions of higher education (Education Code Section 66019.3).
- Ensures that current and former foster youth who are students at the campuses of the CCC have stable housing, by requesting a CCC campus to give priority for housing to current and former foster youth. Additionally, requests a CCC campus that maintains student housing facilities open for occupation during school breaks, or on a year-round basis, to give first priority to current and former foster youth for residence in the housing facilities that are open for uninterrupted year-round occupation, and next give priority to current and former foster youth for housing that is open for occupation during the most days in the calendar year (EC Section 76010).
- Ensures that current and former foster youth who are students at campuses of the CSU and UC have stable housing, by requiring a CSU and UC campus that maintains student housing facilities to give priority to current and former foster youth. Additionally, a CSU or UC campus that maintains student housing facilities open for occupation during school breaks, or on a year-round basis, shall first give priority to current or former foster youth for residence in the housing facilities that are open for uninterrupted year-round occupation, and next give priority to current or former foster youth for housing that is open for occupation during the most days in the calendar year. Specifies that the UC shall adhere to said requirements to the extent that the UC Regents approve to do so by an appropriate resolution (EC Sections 90001.5 and 92660).
FISCAL EFFECT: Unknown
COMMENTS: Background. According to the National Association for the Education of Homeless Children and Youth (NAEHCY), college homelessness is a serious issue that is often overlooked; there exists an assumption that if someone is homeless, he/she is so focused on basic needs like food and shelter that school is not a concern. However, NAEHCY contends that for homeless youth, education is the answer to providing a means to be able to enter into the work force, earn a living, and no longer be homeless.
There is no concrete estimate for the number of homeless college students nationwide, but 58,158 college applicants indicated that they were homeless on federal financial aid forms for the 2012-13 academic year (most recent data available to date); which, according to NAEHCY, is up eight percent from 53,705 in the previous year, according to federal data. NAEHCY argues that the number is likely understated, since some students may be staying in a car, relatives' or fellow classmates' couches, or motels, and do not realize they are technically homeless, or do not want to admit to it. Additionally, California has the highest rate of homeless youth in the nation and twice the rate of homeless students as the national average (four percent in CA vs. two percent nationally).
AB 1228 (Gibson, 2015) extended priority for housing at the UC, CSU, and CCC to homeless youth, and requests campuses to develop plans to ensure that homeless and foster youth have housing during breaks.
Purpose. According to the author, “AB 1076 came about following several meetings with my constituents. Students who experience food insecurity and housing displacement are invisible, and there is very little research on this student population. The provisions of AB 1228 have the potential to make a significant impact on the housing security of homeless and foster youth, and it is important that the Legislature monitor how the law is being implemented.”
REGISTERED SUPPORT / OPPOSITION:
Support
None on File
Opposition
None on File
Analysis Prepared by: Kevin J. Powers / HIGHER ED. / (916) 319-3960
Discussed in Hearing
1H
Assembly Standing Committee on Appropriations
Bill Author
Bill Co-Author(s):