Musical Rooming
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.
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Building and Habitability
1941.1.
A dwelling shall be deemed untenantable for purposes of Section 1941 if
it substantially lacks any of the following affirmative standard characteristics
or is a residential unit described in Section 17920.3 or 17920.10 of the
Health and Safety Code: (a) Effective waterproofing and weather protection
of roof and exterior walls, including unbroken windows and doors. (b) Plumbing
or gas facilities that conformed to applicable law in effect at the time
of installation, maintained in good working order. (c) A water supply approved
under applicable law that is under the control of the tenant, capable of
producing hot and cold running water, or a system that is under the control
of the landlord, that produces hot and cold running water, furnished to
appropriate fixtures, and connected to a sewage disposal system approved
under applicable law. (d) Heating facilities that conformed with applicable
law at the time of installation, maintained in good working order. (e) Electrical
lighting, with wiring and electrical equipment that 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, 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 the receptacles under
his or her control. (h) Floors, stairways, and railings maintained in good
repair.
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Phone Jacks
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.
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Illegal Evictions
789.3.
(a) A landlord shall not with intent to terminate the occupancy under
any lease or other tenancy or estate at will, however created, of property
used by a tenant as his residence willfully cause, directly or indirectly,
the interruption or termination of any utility service furnished the tenant,
including, but not limited to, water, heat, light, electricity, gas, telephone,
elevator, or refrigeration, whether or not the utility service is under
the control of the landlord. (b) In addition, a landlord shall not, with
intent to terminate the occupancy under any lease or other tenancy or
estate at will, however created, of property used by a tenant as his or
her residence, willfully: (1) Prevent the tenant from gaining reasonable
access to the property by changing the locks or using a bootlock or by
any other similar method or device; (2) Remove outside doors or windows;
or (3) Remove from the premises the tenant's personal property, the furnishings,
or any other items without the prior written consent of the tenant, except
when done pursuant to the procedure set forth in Chapter 5 (commencing
with Section 1980) of Title 5 of Part 4 of Division 3. Nothing in this
subdivision shall be construed to prevent the lawful eviction of a tenant
by appropriate legal authorities, nor shall anything in this subdivision
apply to occupancies defined by subdivision (b) of Section 1940. (c) Any
landlord who violates this section shall be liable to the tenant in a
civil action for all of the following: (1) Actual damages of the tenant.
(2) An amount not to exceed one hundred dollars ($100) for each day or
part thereof the landlord remains in violation of this section. In determining
the amount of such award, the court shall consider proof of such matters
as justice may require; however, in no event shall less than two hundred
fifty dollars ($250) be awarded for each separate cause of action. Subsequent
or repeated violations, which are not committed contemporaneously with
the initial violation, shall be treated as separate causes of action and
shall be subject to a separate award of damages. (d) In any action under
subdivision (c) the court shall award reasonable attorney's fees to the
prevailing party. In any such action the tenant may seek appropriate injunctive
relief to prevent continuing or further violation of the provisions of
this section during the pendency of the action. The remedy provided by
this section is not exclusive and shall not preclude the tenant from pursuing
any other remedy which the tenant may have under any other provision of
law.
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