AB 2618 (Bonta) Hiring of real property: Department of Real Estate: landlords and property managers: training.

Would require the DRE to administer a certification program for property managers on fair practices and tenant rights. A person who acts as a property manager without first having obtained certification would be subject to a civil penalty of up to $1,000.

Current Status: Dead

FindHOALaw Quick Summary:

Existing law prohibits the owner of any housing accommodation, or any person subject to the Unruh Civil Rights Act as the act applies to housing accommodations, from discriminating against any person because of the race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, or genetic information of that person or engaging in harassment of tenants, among others, in connection with those housing accommodations. Existing law authorizes a person claiming to be aggrieved by an alleged unlawful practice to file a complaint with the Department of Fair Employment and Housing.

This bill would add Civil Code Section 1940.25 to require the Department of Real Estate to administer a certification program for landlords and property managers, as defined, to provide education on fair practices and tenant rights. The bill would make this certification effective for a period of 2 years and would make a person who acts as a landlord or property manager without first having obtained certification from the department subject to a specified civil penalty of up to $1,000.00.

**UPDATE: On April 19, 2018, the proposed text of AB 2618 was amended to change oversight from the Department of Real Estate to the Department of Consumer Affairs, to clarify the definition of a property manager as it relates to the landlord – tenant relationship, and reduce the civil penalty from $1,000 to $500.

(1) “Department” means the Department of Real Estate Consumer Affairs in the Business, Consumer Services, and Housing Agency.

(3) “Property manager” means any person, regardless of title or job description, who, for compensation or in expectation of compensation, regardless of the form or time of payment, is engaged in residential property management of one or more dwelling units, excluding units used for transient occupancy limited to 30 days or less in duration.

(h) Except as provided in subdivision (i), a person who acts as a landlord or property manager, as defined in subdivision (a), without first having obtained certification from the department pursuant to this section may be subject to a civil penalty of up to one thousand dollars ($1,000). five hundred dollars ($500).The department shall be responsible for enforcing this section and the penalties shall be deposited into the general fund. General Fund.

To read the current text of AB 2618, click here to the view the bill’s page on the California Legislature’s website. FindHOALaw will continue to track AB 2618 as it progresses through the Legislature.