Cal. Code Civ. Proc. § 1179.02

Current through the 2023 Legislative Session.
Section 1179.02 - [Effective until 10/1/2025] Definitions

For purposes of this chapter:

(a) "Covered time period" means the time period between March 1, 2020, and September 30, 2021.
(b) "COVID-19-related financial distress" means any of the following:
(1) Loss of income caused by the COVID-19 pandemic.
(2) Increased out-of-pocket expenses directly related to performing essential work during the COVID-19 pandemic.
(3) Increased expenses directly related to the health impact of the COVID-19 pandemic.
(4) Childcare responsibilities or responsibilities to care for an elderly, disabled, or sick family member directly related to the COVID-19 pandemic that limit a tenant's ability to earn income.
(5) Increased costs for childcare or attending to an elderly, disabled, or sick family member directly related to the COVID-19 pandemic.
(6) Other circumstances related to the COVID-19 pandemic that have reduced a tenant's income or increased a tenant's expenses.
(c) "COVID-19 rental debt" means unpaid rent or any other unpaid financial obligation of a tenant under the tenancy that came due during the covered time period.
(d) "Declaration of COVID-19-related financial distress" means the following written statement:

I am currently unable to pay my rent or other financial obligations under the lease in full because of one or more of the following:

1. Loss of income caused by the COVID-19 pandemic.
2. Increased out-of-pocket expenses directly related to performing essential work during the COVID-19 pandemic.
3. Increased expenses directly related to health impacts of the COVID-19 pandemic.
4. Childcare responsibilities or responsibilities to care for an elderly, disabled, or sick family member directly related to the COVID-19 pandemic that limit my ability to earn income.
5. Increased costs for childcare or attending to an elderly, disabled, or sick family member directly related to the COVID-19 pandemic.
6. Other circumstances related to the COVID-19 pandemic that have reduced my income or increased my expenses.

Any public assistance, including unemployment insurance, pandemic unemployment assistance, state disability insurance (SDI), or paid family leave, that I have received since the start of the COVID-19 pandemic does not fully make up for my loss of income and/or increased expenses.

Signed under penalty of perjury:

Dated:

(e) "Landlord" includes all of the following or the agent of any of the following:
(1) An owner of residential real property.
(2) An owner of a residential rental unit.
(3) An owner of a mobilehome park.
(4) An owner of a mobilehome park space or lot.
(f) "Protected time period" means the time period between March 1, 2020, and August 31, 2020.
(g) "Rental payment" means rent or any other financial obligation of a tenant under the tenancy.
(h) "Tenant" means any natural person who hires real property except any of the following:
(1) Tenants of commercial property, as defined in subdivision (c) of Section 1162 of the Civil Code.
(2) Those persons whose occupancy is described in subdivision (b) of Section 1940 of the Civil Code.
(i) "Transition time period" means the time period between September 1, 2020, and September 30, 2021.

Ca. Civ. Proc. Code § 1179.02

Amended by Stats 2021 ch 27 (AB 832),s 14, eff. 6/28/2021.
Amended by Stats 2021 ch 2 (SB 91),s 16, eff. 1/29/2021.
Added by Stats 2020 ch 37 (AB 3088),s 20, eff. 8/31/2020.