Bill Text: CA AB311 | 2025-2026 | Regular Session | Introduced
Bill Title: Dwelling units: persons at risk of homelessness.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2025-02-18 - Referred to Com. on JUD. [AB311 Detail]
Download: California-2025-AB311-Introduced.html
CALIFORNIA LEGISLATURE—
2025–2026 REGULAR SESSION
Assembly Bill
No. 311
| Introduced by Assembly Members McKinnor and Rivas |
January 23, 2025 |
An act to add and repeal Section 1942.8 of the Civil Code, relating to property, and declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 311, as introduced, McKinnor.
Dwelling units: persons at risk of homelessness.
Prior law, until January 1, 2024, authorized a tenant to temporarily permit the occupancy of their dwelling unit by a person who is at risk of homelessness, as defined, regardless of the terms of the lease or rental agreement, with the written approval of the owner or landlord of the property, and subject to extension under certain circumstances. Prior law further authorized an owner or landlord to adjust the rent payable under the lease during the time the person who is at risk of homelessness is occupying the dwelling unit, as compensation for the occupancy of that person, and required the terms regarding the rent payable in those circumstances to be agreed to in writing by the owner or landlord and the tenant.
This bill, until January 1, 2031, would reinstate the above-described provisions, and would include certain new provisions regarding
occupancy. The bill would additionally define “person at risk of homelessness” to include any person who is displaced from their residence as a result of a disaster in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor. The bill, among other things, would permit a tenant, with written approval of the owner or landlord, to temporarily permit the occupancy of their dwelling unit by a person who is at risk of homelessness and one or more common household pets owned or otherwise maintained by the person. The bill would provide that if the lease or rental agreement authorizes the landlord to charge a separate or additional rent for the ownership or otherwise maintenance of the common household pet in the tenant’s dwelling unit, the rent payable may be adjusted to include separate or additional rent during the time the person owns or otherwise maintains the pet.
This bill would declare that it is to take effect
immediately as an urgency statute.
Digest Key
Vote: 2/3 Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1942.8 is added to the Civil Code, to read:1942.8.
(a) It is the intent of the Legislature in enacting this section to assist those at risk of homelessness and to encourage landlords and tenants to permit those persons to temporarily reside on their property.(b) Notwithstanding any other law, and regardless of the terms of the lease or rental agreement, a tenant may, with the written approval of the owner or landlord of the property, temporarily permit the occupancy of their dwelling unit by a person who is at risk of homelessness and one or more common household pets owned or otherwise maintained by the person, as defined in Section 50466 of the Health and Safety Code.
(c) (1) An owner or landlord may adjust
the rent payable under the lease or rental agreement during the time the person who is at risk of homelessness is occupying the tenant’s dwelling unit, as compensation for the occupancy of that person. The terms regarding the rent payable shall be agreed to in writing by the owner or landlord and the tenant, and shall be consistent with any applicable rent stabilization law or regulation. If the person owns or otherwise maintains a common household pet and the lease or rental agreement authorizes the landlord to charge a separate or additional rent for the ownership or otherwise maintenance of the common household pet in the tenant’s dwelling unit, the rent payable may be adjusted to include that separate or additional rent during the time the person owns or otherwise maintains the pet.
(2) If the person who is at risk of homelessness moves out during the term of the lease or rental agreement to which the tenant was already subject, the
landlord shall adjust the rent back to the amount that was due from the tenant before the time the person at risk of homelessness occupied the unit plus any lawful intervening rent increases that were not based on the occupancy of the person at risk of homelessness.
(3) The tenant shall be liable for the timely and total payment of the rent, pursuant to the lease or property agreement, in its entirety.
(d) The person at risk of homelessness shall have all of the rights and obligations of a lodger under California law, except that termination of the right of occupancy of the person at risk of homelessness shall be governed exclusively by subdivision (g).
(e) For purposes of this section, the tenant shall have the same rights and obligations toward the person at risk of homelessness as an owner has to a lodger under
California law, except that termination of the right of occupancy of the person at risk of homelessness shall be governed exclusively by subdivision (g).
(f) Unless otherwise agreed upon by all parties, all of the following apply:
(1) The tenant shall be liable for the actions of the person at risk of homelessness to the extent those actions are bound by the terms of the lease or property agreement to which the tenant was already subject, and the tenant shall inform the person at risk of homelessness of all rules and regulations applicable to the premises, and occupants thereof.
(2) The tenant and the landlord shall enter into a written agreement, signed by both parties, indicating that the tenant is liable for the actions of the person at risk of homelessness as provided in paragraph (1). The agreement shall include
a provision that states that failure by the tenant to terminate the occupancy of the person at risk of homelessness upon that person’s violation of the rules and regulations pursuant to the lease or property agreement of the tenant could result in termination of the lease or property agreement of the tenant.
(3) The tenant shall provide the person at risk of homelessness with a copy of the lease or property agreement with the landlord to which the tenant was already subject.
(4) The tenant and the person at risk of homelessness shall enter into a written agreement, signed by both parties, acknowledging that the person at risk of homelessness shall abide by the rules and regulations prescribed under the lease or property agreement to which the tenant was already subject.
(5) The tenant shall provide the person at risk
of homelessness and the landlord with a copy of the signed written agreement described in paragraph (4).
(g) (1) The person at risk of homelessness’ right to occupy the premises shall terminate on the earlier of any of the following:
(A) The date agreed to by the landlord.
(B) The termination of the tenant’s tenancy for any reason.
(C) The tenant vacating the premises.
(D) At least seven days after the tenant provides notice that specifies the date and time by which the person at risk of homelessness must vacate the premises, unless either of the following apply:
(i) If the landlord has served the tenant
with a three-day notice to cure or quit the property pursuant to paragraph (3) of Section 1161 of the Code of Civil Procedure, then the person at risk of homelessness’ right to occupy shall terminate 24 hours after the tenant provides notice in writing to the person at risk of homelessness that specifies the date and time by which the person at risk of homelessness must vacate the premises.
(ii) The person at risk of homelessness’ right to occupy the premises may be terminated immediately, without notice, if that person has engaged in criminal conduct on the premises.
(2) Upon termination of the person at risk of homelessness’ right to remain in the dwelling unit, the person at risk of homelessness may be removed from the premises pursuant to Section 602.3 of the Penal Code, as though the person at risk of homelessness were a lodger.
(h) Prior to terminating the tenant’s lease or property agreement based on a violation of the rules and regulations by the person at risk of homelessness, the landlord shall provide the tenant with notice and an opportunity to cure the violation pursuant to paragraph (3) of Section 1161 of the Code of Civil Procedure. Termination of the occupancy of the person at risk of homelessness shall constitute cure of the violation.
(i) Nothing in this section shall be construed to compel a landlord or property owner to agree to permit the occupancy of the person at risk of homelessness in the unit.
(j) Notwithstanding subdivision (b), occupancy by a person who is at risk of homelessness pursuant to this section is not permissible if the addition of another person in the dwelling unit would violate the building’s occupancy limits or
other applicable building standards.
(k) (1) For the purposes of this section, “person who is at risk of homelessness” has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, except that the criterion provided in subdivision (ii) of subsection (1) of that definition shall not apply.
(2) “Person who is at risk of homelessness” also includes any person who is displaced from their residence as a result of a disaster in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor pursuant to the California Emergency Services Act, as specified in Section 8625 of the Government Code.
(l) This section does not apply to federal Section 8 housing (42 U.S.C. Sec. 1437 et seq.) or to any other federally funded or assisted low-income
housing.
(m) This section is not intended to supersede any other applicable law or regulation governing the ability of tenants to add additional members to their household with or without prior approval from the landlord.
(n) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
SEC. 2.
This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:To avert economic and social harm as a result of natural disasters and the severe lack of affordable housing in the state, it is necessary for this act to take effect immediately.
