Civil Code Section 1940-1954.1

CIVIL CODE
SECTION 1940-1954.1

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1940. (a) Except as provided in subdivision (b), this chapter shall

apply to all persons who hire dwelling units located within this

state including tenants, lessees, boarders, lodgers, and others,

however denominated.

(b) The term "persons who hire" shall not include a person who

maintains either of the following:

(1) Transient occupancy in a hotel, motel, residence club, or

other facility when the transient occupancy is or would be subject to

tax under Section 7280 of the Revenue and Taxation Code. The term

"persons who hire" shall not include a person to whom this paragraph

pertains if the person has not made valid payment for all room and

other related charges owing as of the last day on which his or her

occupancy is or would be subject to tax under Section 7280 of the

Revenue and Taxation Code.

(2) Occupancy at a hotel or motel where the innkeeper retains a

right of access to and control of the dwelling unit and the hotel or

motel provides or offers all of the following services to all of the

residents:

(A) Facilities for the safeguarding of personal property pursuant

to Section 1860.

(B) Central telephone service subject to tariffs covering the same

filed with the California Public Utilities Commission.

(D) Occupancy for periods of less than seven days.

(E) Food service provided by a food establishment, as defined in

Section 113780 of the Health and Safety Code, located on or adjacent

to the premises of the hotel or motel and owned or operated by the

innkeeper or owned or operated by a person or entity pursuant to a

lease or similar relationship with the innkeeper or person or entity

affiliated with the innkeeper.

that is used as a home, residence, or sleeping place by one person

who maintains a household or by two or more persons who maintain a

common household.

(d) Nothing in this section shall be construed to limit the

application of any provision of this chapter to tenancy in a dwelling

unit unless the provision is so limited by its specific terms.

1940.1. (a) No person may require an occupant of a residential

hotel, as defined in Section 50519 of the Health and Safety Code, to

move, or to check out and reregister, before the expiration of 30

days occupancy if a purpose is to avoid application of this chapter

pursuant to paragraph (1) of subdivision (b) of Section 1940.

(b) In addition to any remedies provided by local ordinance, any

violation of subdivision (a) is punishable by a civil penalty of five

hundred dollars ($500). In any action brought pursuant to this

section, the prevailing party shall be entitled to reasonable

attorney's fees.

1940.5. An owner or an owner's agent shall not refuse to rent a

dwelling unit in a structure which received its valid certificate of

occupancy after January 1, 1973, to an otherwise qualified

prospective tenant or refuse to continue to rent to an existing

tenant solely on the basis of that tenant's possession of a waterbed

or other bedding with liquid filling material where all of the

following requirements and conditions are met:

(a) A tenant or prospective tenant furnishes to the owner, prior

to installation, a valid waterbed insurance policy or certificate of

insurance for property damage. The policy shall be issued by a

company licensed to do business in California and possessing a Best's

Insurance Report rating of "B" or higher. The insurance policy

shall be maintained in full force and effect until the bedding is

permanently removed from the rental premises. The policy shall be

written for no less than one hundred thousand dollars ($100,000) of

coverage. The policy shall cover, up to the limits of the policy,

replacement value of all property damage, including loss of use,

incurred by the rental property owner or other caused by or arising

out of the ownership, maintenance, use, or removal of the waterbed on

the rental premises only, except for any damage caused intentionally

or at the direction of the insured, or for any damage caused by or

resulting from fire. The owner may require the tenant to produce

evidence of insurance at any time. The carrier shall give the owner

notice of cancellation or nonrenewal 10 days prior to this action.

Every application for a policy shall contain the information as

provided in subdivisions (a), (b), and (c) of Section 1962 and

Section 1962.5.

(b) The bedding shall conform to the pounds-per-square foot weight

limitation and placement as dictated by the floor load capacity of

the residential structure. The weight shall be distributed on a

pedestal or frame which is substantially the dimensions of the

mattress itself.

remove the bedding, including, but not limited to, the mattress and

frame, according to standard methods of installation, maintenance,

and removal as prescribed by the manufacturer, retailer, or state

law, whichever provides the higher degree of safety. The tenant

shall notify the owner or owner's agent in writing of the intent to

install, remove, or move the waterbed. The notice shall be delivered

24 hours prior to the installation, removal, or movement. The owner

or the owner's agent may be present at the time of installation,

removal, or movement at the owner's or the owner's agent's option.

If the bedding is installed or moved by any person other than the

tenant or prospective tenant, the tenant or prospective tenant shall

deliver to the owner or to the owner's agent a written installation

receipt stating the installer's name, address, and business

affiliation where appropriate.

(d) Any new bedding installation shall conform to the owner's or

the owner's agent's reasonable structural specifications for

placement within the rental property and shall be consistent with

floor capacity of the rental dwelling unit.

(e) The tenant or prospective tenant shall comply with the minimum

component specification list prescribed by the manufacturer,

retailer, or state law, whichever provides the higher degree of

safety.

(f) Subject to the notice requirements of Section 1954, the owner,

or the owner's agent, shall have the right to inspect the bedding

installation upon completion, and periodically thereafter, to insure

its conformity with this section. If installation or maintenance is

not in conformity with this section, the owner may serve the tenant

with a written notice of breach of the rental agreement. The owner

may give the tenant three days either to bring the installation into

conformity with those standards or to remove the bedding, unless

there is an immediate danger to the structure, in which case there

shall be immediate corrective action. If the bedding is installed by

any person other than the tenant or prospective tenant, the tenant

or prospective tenant shall deliver to the owner or to the owner's

agent a written installation receipt stating the installer's name and

business affiliation where appropriate.

(g) Notwithstanding Section 1950.5, an owner or owner's agent is

entitled to increase the security deposit on the dwelling unit in an

amount equal to one-half of one months' rent. The owner or owner's

agent may charge a tenant, lessee, or sublessee a reasonable fee to

cover administration costs. In no event does this section authorize

the payment of a rebate of premium in violation of Article 5

(commencing with Section 750) of Chapter 1 of Part 2 of Division 1 of

the Insurance Code.

(h) Failure of the owner, or owner's agent, to exercise any of his

or her rights pursuant to this section does not constitute grounds

for denial of an insurance claim.

(i) As used in this section, "tenant" includes any lessee, and

"rental" means any rental or lease.

1940.7. (a) The Legislature finds and declares that the December

10, 1983, tragedy in Tierra Santa, in which lives were lost as a

result of a live munition exploding in a residential area that was

formerly a military ordnance location, has demonstrated (1) the

unique and heretofore unknown risk that there are other live

munitions in former ordnance locations in California, (2) that these

former ordnance locations need to be identified by the federal,

state, or local authorities, and (3) that the people living in the

neighborhood of these former ordnance locations should be notified of

their existence. Therefore, it is the intent of the Legislature

that the disclosure required by this section is solely warranted and

limited by (1) the fact that these former ordnance locations cannot

be readily observed or discovered by landlords and tenants, and (2)

the ability of a landlord who has actual knowledge of a former

ordnance location within the neighborhood of his or her rental

property to disclose this information for the safety of the tenant.

(b) The landlord of a residential dwelling unit who has actual

knowledge of any former federal or state ordnance locations in the

neighborhood area shall give written notice to a prospective tenant

of that knowledcge prior to the execution of a rental agreement. In

cases of tenancies in existence on January 1, 1990, this written

notice shall be given to tenants as soon as practicable thereafter.

(1) "Former federal or state ordnance location" means an area

identified by an agency or instrumentality of the federal or state

government as an area once used for military training purposes and

which may contain potentially explosive munitions.

(2) "Neighborhood area" means within one mile of the residential

dwelling.

1940.7.5. (a) For purposes of this section, the following

definitions shall apply:

(1) "Illegal controlled substance" means a drug, substance, or

immediate precursor listed in any schedule contained in Section

11054, 11055, 11056, 11057, or 11058 of the Health and Safety Code,

or an emission or waste material resulting from the unlawful

manufacture or attempt to manufacture an illegal controlled

substance. An "illegal controlled substance" does not include, for

purposes of this section, marijuana.

(2) "Release" means any spilling, leaking, pumping, pouring,

emitting, emptying, discharging, injecting, escaping, leaching,

dumping, or disposing of an illegal controlled substance in a

structure or into the environment.

(b) (1) The owner of a residental dwelling unit who knows, as

provided in paragraph (2), that any release of an illegal controlled

substance has come to be located on or beneath that dwelling unit

shall give written notice to the prospective tenant prior to the

execution of a rental agreement by providing to a prospective tenant

a copy of any notice received from law enforcement or any other

entity, such as the Department of Toxic Substances Control, the

county health department, the local environmental health officer, or

a designee, advising the owner of that release on the property.

(2) For purposes of this subdivision, the owner's knowledge of the

condition is established by the receipt of a notice specified in

paragraph (1) or by actual knowledge of the condition from a source

independent of the notice.

(3) If the owner delivers the disclosure information required by

paragraph (1), the delivery shall be deemed legally adequate for

purposes of informing the prospective tenant of that condition, and

the owner is not required to provide any additional disclosure of

that information.

(4) Failure of the owner to provide written notice to a

prospective tenant when required by this subdivision shall subject

the owner to actual damages and any other remedies provided by law.

In addition, if the owner has actual knowledge of the presence of any

release of an illegal controlled substance and knowingly and

willfully fails to provide written notice to the renter, as required

by this subdivision, the owner is liable for a civil penalty not to

exceed five thousand dollars ($5,000) for each separate violation, in

addition to any other damages provided by law.

2004, and as of that date is repealed, unless a later enacted

statute, that is enacted before January 1, 2004, deletes or extends

that date.

1940.8. A landlord of a residential dwelling unit shall provide

each new tenant that occupies the unit with a copy of the notice

provided by a registered structural pest control company pursuant to

Section 8538 of the Business and Professions Code, if a contract for

periodic pest control service has been executed.

1940.9. (a) If the landlord does not provide separate gas and

electric meters for each tenant's dwelling unit so that each tenant's

meter measures only the electric or gas service to that tenant's

dwelling unit and the landlord or his or her agent has knowledge that

gas or electric service provided through a tenant's meter serves an

area outside the tenant's dwelling unit, the landlord, prior to the

inception of the tenancy or upon discovery, shall explicitly disclose

that condition to the tenant and shall do either of the following:

(1) Execute a mutual written agreement with the tenant for

payment by the tenant of the cost of the gas or electric service

provided through the tenant's meter to serve areas outside the tenant'

s dwelling unit.

(2) Make other arrangements, as are mutually agreed in writing,

for payment for the gas or electric service provided through the

tenant's meter to serve areas outside the tenant's dwelling unit.

These arrangements may include, but are not limited to, the landlord

becoming the customer of record for the tenant's meter, or the

landlord separately metering and becoming the customer of record for

the area outside the tenant's dwelling unit.

(b) If a landlord fails to comply with subdivision (a), the

aggrieved tenant may bring an action in a court of competent

jurisdiction. The remedies the court may order shall include, but

are not limited to, the following:

(1) Requiring the landlord to be made the customer of record with

the utility for the tenant's meter.

(2) Ordering the landlord to reimburse the tenant for payments

made by the tenant to the utility for service to areas outside of the

tenant's dwelling unit. Payments to be reimbursed pursuant to this

paragraph shall commence from the date the obligation to disclose

arose under subdivision (a).

landlord or tenant under other provisions of this chapter, the rental

agreement, or applicable statutory or common law.

(1941.) Section Nineteen Hundred and Forty-one. The lessor of a

building intended for the occupation of human beings must, in the

absence of an agreement to the contrary, put it into a condition fit

for such occupation, and repair all subsequent dilapidations thereof,

which render it untenantable, except such as are mentioned in

section nineteen hundred and twenty-nine.

1941.1. A dwelling shall be deemed untenantable for purposes of

Section 1941 if it substantially lacks any of the following

affirmative standard characteristics:

(a) Effective waterproofing and weather protection of roof and

exterior walls, including unbroken windows and doors.

(b) Plumbing or gas facilities which conformed to applicable law

in effect at the time of installation, maintained in good working

order.

the control of the tenant, capable of producing hot and cold running

water, or a system which is under the control of the landlord, which

produces hot and cold running water, furnished to appropriate

fixtures, and connected to a sewage disposal system approved under

applicable law.

(d) Heating facilities which conformed with applicable law at the

time of installation, maintained in good working order.

(e) Electrical lighting, with wiring and electrical equipment

which conformed with applicable law at the time of installation,

maintained in good working order.

(f) Building, grounds and appurtenances at the time of the

commencement of the lease or rental agreement in every part clean,

sanitary, and free from all accumulations of debris, filth, rubbish,

garbage, rodents and vermin, and all areas under control of the

landlord kept in every part clean, sanitary, and free from all

accumulations of debris, filth, rubbish, garbage, rodents, and

vermin.

(g) An adequate number of appropriate receptacles for garbage and

rubbish, in clean condition and good repair at the time of the

commencement of the lease or rental agreement, with the landlord

providing appropriate serviceable receptacles thereafter, and being

responsible for the clean condition and good repair of such

receptacles under his control.

(h) Floors, stairways, and railings maintained in good repair.

1941.2. (a) No duty on the part of the landlord to repair a

dilapidation shall arise under Section 1941 or 1942 if the tenant is

in substantial violation of any of the following affirmative

obligations, provided the tenant's violation contributes

substantially to the existence of the dilapidation or interferes

substantially with the landlord's obligation under Section 1941 to

effect the necessary repairs:

(1) To keep that part of the premises which he occupies and uses

clean and sanitary as the condition of the premises permits.

(2) To dispose from his dwelling unit of all rubbish, garbage and

other waste, in a clean and sanitary manner.

(3) To properly use and operate all electrical, gas and plumbing

fixtures and keep them as clean and sanitary as their condition

permits.

(4) Not to permit any person on the premises, with his permission,

to willfully or wantonly destroy, deface, damage, impair or remove

any part of the structure or dwelling unit or the facilities,

equipment, or appurtenances thereto, nor himself do any such thing.

(5) To occupy the premises as his abode, utilizing portions

thereof for living, sleeping, cooking or dining purposes only which

were respectively designed or intended to be used for such

occupancies.

(b) Paragraphs (1) and (2) of subdivision (a) shall not apply if

the landlord has expressly agreed in writing to perform the act or

acts mentioned therein.

1941.3. (a) On and after July 1, 1998, the landlord, or his or her

agent, of a building intended for human habitation shall do all of

the following:

(1) Install and maintain an operable dead bolt lock on each main

swinging entry door of a dwelling unit. The dead bolt lock shall be

installed in conformance with the manufacturer's specifications and

shall comply with applicable state and local codes including, but not

limited to, those provisions relating to fire and life safety and

accessibility for the disabled. When in the locked position, the

bolt shall extend a minimum of 13/16 of an inch in length beyond the

strike edge of the door and protrude into the doorjamb.

This section shall not apply to horizontal sliding doors.

Existing dead bolts of at least one-half inch in length shall satisfy

the requirements of this section. Existing locks with a thumb-turn

deadlock that have a strike plate attached to the doorjamb and a

latch bolt that is held in a vertical position by a guard bolt, a

plunger, or an auxiliary mechanism shall also satisfy the

requirements of this section. These locks, however, shall be

replaced with a dead bolt at least 13/16 of an inch in length the

first time after July 1, 1998, that the lock requires repair or

replacement.

Existing doors which cannot be equipped with dead bolt locks shall

satisfy the requirements of this section if the door is equipped

with a metal strap affixed horizontally across the midsection of the

door with a dead bolt which extends 13/16 of an inch in length beyond

the strike edge of the door and protrudes into the doorjamb. Locks

and security devices other than those described herein which are

inspected and approved by an appropriate state or local government

agency as providing adequate security shall satisfy the requirements

of this section.

(2) Install and maintain operable window security or locking

devices for windows that are designed to be opened. Louvered

windows, casement windows, and all windows more than 12 feet

vertically or six feet horizontally from the ground, a roof, or any

other platform are excluded from this subdivision.

(3) Install locking mechanisms that comply with applicable fire

and safety codes on the exterior doors that provide ingress or egress

to common areas with access to dwelling units in multifamily

developments. This paragraph does not require the installation of a

door or gate where none exists on January 1, 1998.

(b) The tenant shall be responsible for notifying the owner or his

or her authorized agent when the tenant becomes aware of an

inoperable dead bolt lock or window security or locking device in the

dwelling unit. The landlord, or his or her authorized agent, shall

not be liable for a violation of subdivision (a) unless he or she

fails to correct the violation within a reasonable time after he or

she either has actual notice of a deficiency or receives notice of a

deficiency.

for a violation of this section by the landlord shall include those

available pursuant to Sections 1942, 1942.4, and 1942.5, an action

for breach of contract, and an action for injunctive relief pursuant

to Section 526 of the Code of Civil Procedure. Additionally, in an

unlawful detainer action, after a default in the payment of rent, a

tenant may raise the violation of this section as an affirmative

defense and shall have a right to the remedies provided by Section

1174.2 of the Code of Civil Procedure.

(d) A violation of this section shall not broaden, limit, or

otherwise affect the duty of care owed by a landlord pursuant to

existing law, including any duty that may exist pursuant to Section

1714. The delayed applicability of the requirements of subdivision

(a) shall not affect a landlord's duty to maintain the premises in

safe condition.

(e) Nothing in this section shall be construed to affect any

authority of any public entity that may otherwise exist to impose any

additional security requirements upon a landlord.

(f) This section shall not apply to any building which has been

designated as historically significant by an appropriate local,

state, or federal governmental jurisdiction.

(g) Subdivisions (a) and (b) shall not apply to any building

intended for human habitation which is managed, directly or

indirectly, and controlled by the Department of Transportation. This

exemption shall not be construed to affect the duty of the

Department of Transportation to maintain the premises of these

buildings in a safe condition or abrogate any express or implied

statement or promise of the Department of Transportation to provide

secure premises. Additionally, this exemption shall not apply to

residential dwellings acquired prior to July 1, 1997, by the

Department of Transportation to complete construction of state

highway routes 710 and 238 and related interchanges.

1941.4. The lessor of a building intended for the residential

occupation of human beings shall be responsible for installing at

least one usable telephone jack and for placing and maintaining the

inside telephone wiring in good working order, shall ensure that the

inside telephone wiring meets the applicable standards of the most

recent National Electrical Code as adopted by the Electronic Industry

Association, and shall make any required repairs. The lessor shall

not restrict or interfere with access by the telephone utility to its

telephone network facilities up to the demarcation point separating

the inside wiring.

"Inside telephone wiring" for purposes of this section, means that

portion of the telephone wire that connects the telephone equipment

at the customer's premises to the telephone network at a demarcation

point determined by the telephone corporation in accordance with

orders of the Public Utilities Commission.

1942. (a) If within a reasonable time after written or oral notice

to the landlord or his agent, as defined in subdivision (a) of

Section 1962, of dilapidations rendering the premises untenantable

which the landlord ought to repair, the landlord neglects to do so,

the tenant may repair the same himself where the cost of such repairs

does not require an expenditure more than one month's rent of the

premises and deduct the expenses of such repairs from the rent when

due, or the tenant may vacate the premises, in which case the tenant

shall be discharged from further payment of rent, or performance of

other conditions as of the date of vacating the premises. This

remedy shall not be available to the tenant more than twice in any

12-month period.

(b) For the purposes of this section, if a tenant acts to repair

and deduct after the 30th day following notice, he is presumed to

have acted after a reasonable time. The presumption established by

this subdivision is a rebuttable presumption affecting the burden of

producing evidence and shall not be construed to prevent a tenant

from repairing and deducting after a shorter notice if all the

circumstances require shorter notice.

available if the condition was caused by the violation of Section

1929 or 1941.2.

(d) The remedy provided by this section is in addition to any

other remedy provided by this chapter, the rental agreement, or other

applicable statutory or common law.

1942.1. Any agreement by a lessee of a dwelling waiving or

modifying his rights under Section 1941 or 1942 shall be void as

contrary to public policy with respect to any condition which renders

the premises untenantable, except that the lessor and the lessee may

agree that the lessee shall undertake to improve, repair or maintain

all or stipulated portions of the dwelling as part of the

consideration for rental.

The lessor and lessee may, if an agreement is in writing, set

forth the provisions of Sections 1941 to 1942.1, inclusive, and

provide that any controversy relating to a condition of the premises

claimed to make them untenantable may by application of either party

be submitted to arbitration, pursuant to the provisions of Title 9

(commencing with Section 1280), Part 3 of the Code of Civil

Procedure, and that the costs of such arbitration shall be

apportioned by the arbitrator between the parties.

1942.3. (a) In any unlawful detainer action by the landlord to

recover possession from a tenant, a rebuttable presumption affecting

the burden of producing evidence that the landlord has breached the

habitability requirements in Section 1941 is created if all of the

following conditions exist:

(1) The dwelling substantially lacks any of the affirmative

standard characteristics listed in Section 1941.1.

(2) A public officer or employee who is responsible for the

enforcement of any housing law has notified the landlord, or an agent

of the landlord, in a written notice issued after inspection of the

premises which informs the landlord of his or her obligations to

abate the nuisance or repair the substandard conditions.

(3) The conditions have existed and have not been abated 60 days

beyond the date of issuance of the notice specified in paragraph (2)

and the delay is without good cause.

(4) The conditions were not caused by an act or omission of the

tenant or lessee in violation of Section 1929 or 1941.2.

(b) The presumption specified in subdivision (a) does not arise

unless all of the conditions set forth therein are proven, but

failure to so establish the presumption shall not otherwise affect

the right of the tenant to raise and pursue any defense based on the

landlord's breach of the implied warranty of habitability.

rental agreements or leases entered into or renewed on or after

January 1, 1986.

1942.4. (a) Any landlord who demands or collects rent when all of

the following conditions exist is liable to the tenant or lessee for

the actual damages sustained by the tenant or lessee and special

damages in an amount not less than one hundred dollars ($100) nor

more than one thousand dollars ($1,000):

(1) The rental dwelling substantially lacks any of the affirmative

standard characteristics listed in Section 1941.1.

(2) A public officer or employee who is responsible for the

enforcement of any housing law has notified the landlord, or an agent

of the landlord, in a written notice issued after inspection of the

premises that informs the landlord of his or her obligations to abate

the nuisance or repair the substandard conditions.

(3) The conditions have existed and have not been abated 60 days

beyond the date of issuance of the notice specified in paragraph (2)

and the delay is without good cause.

(4) The conditions were not caused by an act or omission of the

tenant or lessee in violation of Section 1929 or 1941.2.

(b) In addition to recovery of allowable costs of suit, the

prevailing party shall be entitled to recovery of reasonable attorney'

s fees in an amount fixed by the court.

order the landlord to abate any nuisance at the rental dwelling and

to repair any substandard conditions of the rental dwelling, as

defined in Section 1941.1, which significantly or materially affect

the health or safety of the occupants of the rental dwelling and are

uncorrected. If the court orders repairs or corrections, or both,

the court's jurisdiction continues over the matter for the purpose of

ensuring compliance.

(d) The tenant or lessee shall be under no obligation to undertake

any other remedy prior to exercising his or her rights under this

section.

(e) Any action under this section may be maintained in small

claims court if the claim does not exceed the jurisdictional limit of

that court.

(f) The remedy provided by this section applies only to rental

agreements or leases entered into or renewed on or after January 1,

1986, and may be utilized in addition to any other remedy provided by

this chapter, the rental agreement, lease, or other applicable

statutory or common law. Nothing in this section shall require any

landlord to comply with this section if he or she pursues his or her

rights pursuant to Chapter 12.75 (commencing with Section 7060) of

Division 7 of Title 1 of the Government Code.

1942.5. (a) If the lessor retaliates against the lessee because of

the exercise by the lessee of his rights under this chapter or

because of his complaint to an appropriate agency as to tenantability

of a dwelling, and if the lessee of a dwelling is not in default as

to the payment of his rent, the lessor may not recover possession of

a dwelling in any action or proceeding, cause the lessee to quit

involuntarily, increase the rent, or decrease any services within 180

days:

(1) After the date upon which the lessee, in good faith, has given

notice pursuant to Section 1942, or has made an oral complaint to

the lessor regarding tenantability; or

(2) After the date upon which the lessee, in good faith, has filed

a written complaint, or an oral complaint which is registered or

otherwise recorded in writing, with an appropriate agency, of which

the lessor has notice, for the purpose of obtaining correction of a

condition relating to tenantability; or

(3) After the date of an inspection or issuance of a citation,

resulting from a complaint described in paragraph (2) of which the

lessor did not have notice; or

(4) After the filing of appropriate documents commencing a

judicial or arbitration proceeding involving the issue of

tenantability; or

(5) After entry of judgment or the signing of an arbitration

award, if any, when in the judicial proceeding or arbitration the

issue of tenantability is determined adversely to the lessor.

In each instance, the 180-day period shall run from the latest

applicable date referred to in paragraphs (1) to (5), inclusive.

(b) A lessee may not invoke the provisions of subdivision (a) more

than once in any 12-month period.

services, cause a lessee to quit involuntarily, bring an action to

recover possession, or threaten to do any of such acts, for the

purpose of retaliating against the lessee because he or she has

lawfully organized or participated in a lessees' association or an

organization advocating lessees' rights or has lawfully and peaceably

exercised any rights under the law. In an action brought by or

against the lessee pursuant to this subdivision, the lessee shall

bear the burden of producing evidence that the lessor's conduct was,

in fact, retaliatory.

(d) Nothing in this section shall be construed as limiting in any

way the exercise by the lessor of his rights under any lease or

agreement or any law pertaining to the hiring of property or his

right to do any of the acts described in subdivision (a) or (c) for

any lawful cause. Any waiver by a lessee of his rights under this

section shall be void as contrary to public policy.

(e) Notwithstanding the provisions of subdivisions (a) to (d),

inclusive, a lessor may recover possession of a dwelling and do any

of the other acts described in subdivision (a) within the period or

periods prescribed therein, or within subdivision (c), if the notice

of termination, rent increase, or other act, and any pleading or

statement of issues in an arbitration, if any, states the ground upon

which the lessor, in good faith, seeks to recover possession,

increase rent, or do any of the other acts described in subdivision

(a) or (c). If such statement be controverted, the lessor shall

establish its truth at the trial or other hearing.

(f) Any lessor or agent of a lessor who violates this section

shall be liable to the lessee in a civil action for all of the

following:

(1) The actual damages sustained by the lessee.

(2) Punitive damages in an amount of not less than one hundred

dollars ($100) nor more than one thousand dollars ($1,000) for each

retaliatory act where the lessor or agent has been guilty of fraud,

oppression, or malice with respect to such act.

(g) In any action brought for damages for retaliatory eviction,

the court shall award reasonable attorney's fees to the prevailing

party if either party requests attorney's fees upon the initiation of

the action.

(h) The remedies provided by this section shall be in addition to

any other remedies provided by statutory or decisional law.