Amended  IN  Assembly  March 11, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2747

Introduced by Assembly Member Haney

February 15, 2024

An act to amend Section 1 of, and to amend the heading of Division 3 (commencing with Section 1427) of, add Section 1954.07 to the Civil Code, relating to civil law. tenancy.


LEGISLATIVE COUNSEL'S DIGEST


AB 2747, as amended, Haney. Civil law: obligations. Tenancy: credit reporting.
Existing law, the Consumer Credit Reporting Agencies Act, defines and regulates consumer credit reports and consumer credit reporting agencies. Existing law, until July 1, 2025, requires a landlord of an assisted housing development to offer tenants obligated on the lease of units in the development the option of having their rental payments reported to at least one consumer reporting agency, as specified.
This bill would require a lessor of a dwelling unit of residential real property to report the lessee’s positive rental payment information to at least one nationwide consumer reporting agency, as specified. The bill would authorize a lessee to opt out, or opt back in after opting out, of this positive rent reporting at any time, as specified. The bill would require the lessor to provide a notice containing certain information at the time of execution of a rental agreement and at the time of execution of a renewal or extension of a rental agreement.

Existing law, the Civil Code, is composed of 4 divisions relating to persons, property, obligations, and general provisions relating to persons, property, and obligations.

This bill would make nonsubstantive changes to the title of the 3rd division of that act.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1954.07 is added to the Civil Code, to read:

1954.07.
 (a) Except as provided in subdivision (b), a lessor of a dwelling unit of residential real property shall report the lessee’s positive rental payment information to at least one nationwide consumer reporting agency that meets the definition in Section 603(p) of the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681a(p)) or any other consumer reporting agency that meets the definition in Section 603(f) of the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681a(f)) as long as the consumer reporting agency resells or otherwise furnishes rental payment information to a nationwide consumer reporting agency that meets the definition in Section 603(p) of the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681a(p)).
(b) (1) A lessee may opt out of the positive rent reporting required by subdivision (a) at any time by providing the lessor with a written request to opt out.
(2) If a lessee has opted out of the positive rent reporting pursuant to paragraph (1), the lessee may opt in to the positive rent reporting at any time by providing the lessor with a written request to opt in.
(c) At the time of execution of a rental agreement, and at the time of execution of a renewal or extension of a rental agreement, a lessor of a dwelling unit of residential real property shall provide the lessee with a separate written notice containing all of the following:
(1) A description of the positive rent reporting required by subdivision (a).
(2) Notice that the lessee may opt out of the positive rent reporting.
(3) A signature block that the lessee may date and sign if the lessee elects to opt out of the positive rent reporting.
(4) Notice that the lessee may opt out of the positive rent reporting at any time by providing the lessor with a written request to opt out.
(5) Notice that, if the lessee has opted out of the positive rent reporting, the lessee may opt in to the positive rent reporting at any time by providing the lessor with a written request to opt in.
(d) A lessor shall not charge a lessee a fee for complying with this section.

SECTION 1.Section 1 of the Civil Code is amended to read:
1.

This act shall be known as The Civil Code of the State of California, and is in Four Divisions, as follows:

I.—THE FIRST RELATING TO PERSONS.

II.—THE SECOND TO PROPERTY.

III.—THE THIRD TO LEGAL OBLIGATIONS.

IV.—THE FOURTH CONTAINS GENERAL PROVISIONS RELATING TO THE THREE PRECEDING DIVISIONS.

SEC. 2.The heading of Division 3 (commencing with Section 1427) of the Civil Code is amended to read:
3.LEGAL OBLIGATIONS