Summary Proceedings for Obtaining Possession of Real Property in Certain Cases

Cal. CCP § 1161.4

California Statutes

(

a) A landlord shall not cause a tenant or occupant to quit involuntarily or bring an action to recover possession because of the immigration or citizenship status of a tenant, occupant, or other person known to the landlord to be associated with a tenant or occupant, unless the landlord is complying with any legal obligation under any federal government program that provides for rent limitations or rental assistance to a qualified tenant. (

b) In an unlawful detainer action, a tenant or occupant may raise, as an affirmative defense, that the landlord violated subdivision (a). (

c) It is a rebuttable presumption that a tenant or occupant has established an affirmative defense under this

section in an unlawful detainer action if the landlord did both of the following:

(1) Approved the tenant or occupant to take possession of the unit before filing the unlawful detainer action.

(2) Included in the unlawful detainer action a claim based on one of the following: (

A) The failure at any time of a previously approved tenant or occupant to provide a valid social security number. (

B) The failure at any time of a previously approved tenant or occupant to provide information required to obtain a consumer credit report under

Section 1785.11 of the Civil Code. (

C) The failure at any time of a previously approved tenant or occupant to provide a form of identification deemed acceptable by the landlord. (

d) This

section does not create a rebuttable presumption that a tenant or occupant has established an affirmative defense under this

section if a landlord has requested the information described in paragraph (2) of subdivision (

c) for the purpose of complying with any legal obligation under any federal government program that provides for rent limitations or rental assistance to a qualified tenant, or any other federal law, or a subpoena, warrant, or other order issued by a court. (

e) The rebuttable presumption in this

section does not limit paragraph (2) of subdivision (

c) of

Section 1940.3 of the Civil Code. (

f) No affirmative defense is established under subdivision (

b) if a landlord files an unlawful detainer action for the purpose of complying with any legal obligation under any federal government program that provides for rent limitations or rental assistance to a qualified tenant. (

g) For purposes of this section, “immigration or citizenship status” includes a perception that the person has a particular immigration status or citizenship status, or that the person is associated with a person who has, or is perceived to have, a particular immigration status or citizenship status.

Document details

CollectionCalifornia Statutes
CitationCal. CCP § 1161.4
Date2018-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierCCP1161.4.20174898

Summary Proceedings for Obtaining Possession of Real Property in Certain Cases

Cal. CCP § 1161.4

California Statutes

Summary Proceedings for Obtaining Possession of Real Property in Certain Cases

Cal. CCP § 1161.4

California Statutes

(

a) A landlord shall not cause a tenant or occupant to quit involuntarily or bring an action to recover possession because of the immigration or citizenship status of a tenant, occupant, or other person known to the landlord to be associated with a tenant or occupant, unless the landlord is complying with any legal obligation under any federal government program that provides for rent limitations or rental assistance to a qualified tenant. (

b) In an unlawful detainer action, a tenant or occupant may raise, as an affirmative defense, that the landlord violated subdivision (a). (

c) It is a rebuttable presumption that a tenant or occupant has established an affirmative defense under this

section in an unlawful detainer action if the landlord did both of the following:

(1) Approved the tenant or occupant to take possession of the unit before filing the unlawful detainer action.

(2) Included in the unlawful detainer action a claim based on one of the following: (

A) The failure at any time of a previously approved tenant or occupant to provide a valid social security number. (

B) The failure at any time of a previously approved tenant or occupant to provide information required to obtain a consumer credit report under

Section 1785.11 of the Civil Code. (

C) The failure at any time of a previously approved tenant or occupant to provide a form of identification deemed acceptable by the landlord. (

d) This

section does not create a rebuttable presumption that a tenant or occupant has established an affirmative defense under this

section if a landlord has requested the information described in paragraph (2) of subdivision (

c) for the purpose of complying with any legal obligation under any federal government program that provides for rent limitations or rental assistance to a qualified tenant, or any other federal law, or a subpoena, warrant, or other order issued by a court. (

e) The rebuttable presumption in this

section does not limit paragraph (2) of subdivision (

c) of

Section 1940.3 of the Civil Code. (

f) No affirmative defense is established under subdivision (

b) if a landlord files an unlawful detainer action for the purpose of complying with any legal obligation under any federal government program that provides for rent limitations or rental assistance to a qualified tenant. (

g) For purposes of this section, “immigration or citizenship status” includes a perception that the person has a particular immigration status or citizenship status, or that the person is associated with a person who has, or is perceived to have, a particular immigration status or citizenship status.

Document details

CollectionCalifornia Statutes
CitationCal. CCP § 1161.4
Date2018-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierCCP1161.4.20174898