AB 878: Victims of abuse or violence: reasonable accommodations.

Existing law governs the hiring of real property based on the terms of the agreement or on the behavior of the parties. Existing law requires a landlord to change the locks of a tenants dwelling if that tenant is a victim of abuse or violence or has an immediate family member or household member who is a victim of abuse or violence, including alleged abuse or violence, as long as the tenant is not alleged to have committed the abuse or violence. Existing law requires a tenant requesting a lock change to provide the landlord with specified documentation.

This bill would require a landlord or a landlords agent, upon request, to make best efforts to provide reasonable accommodations, as defined, to a tenant who is a victim, or whose family or household member is a victim, of specified acts, including domestic violence or sexual assault. The bill would require the landlord or landlords agent to respond to a request within 5 calendar days, days of receiving the request, except as specified. The bill would require a landlord or a landlords agent, if they receive a request for a reasonable accommodation that they cannot grant, to engage in a timely, good faith, and interactive process with the tenant to make best efforts to identify, evaluate, and implement a reasonable accommodation. The bill would authorize a landlord or a landlords agent to request certification from a tenant requesting a reasonable accommodation demonstrating the tenants or family or household members status as a victim, as specified, and would impose confidentiality requirements upon any certification or other documentation provided to a landlord or their agent, except as provided. The bill would require a landlord or a landlords agent to provide written notice whether a request has been approved. approved or denied, as specified.

Existing law prohibits a landlord from taking an adverse action, as defined, based on, among other things, a prospective tenant having previously requested to have their locks changed due to abuse or violence and provides that a landlord who violates this prohibition is liable to the tenant in a civil action for actual damages and statutory damages of not less than $100 and not more than $5,000.

This bill would prohibit a landlord or a landlords agent from retaliating against a tenant for requesting a reasonable accommodation, as specified, and would provide that a landlord or a landlords agent is may be liable to the tenant in a civil action for the same above-described damages, as provided, for a violation of any of the specified provisions described above relating to a tenants request for reasonable accommodations.

The bill would also specify that it does not require a landlord or landlords agent to undertake an action that constitutes an undue hardship, as defined, hardship on the landlord or landlords agent.