AB 706

Under current law, a tenant may withhold (abate) rent if the rental premises

is in such disrepair that it affects the health or safety of the tenant or substantially

affects the use and occupancy of the premises. Current law allows a tenant to abate

rent to the extent that the tenant is deprived of the full normal use of the premises,

but prohibits a tenant from withholding rent in full if the tenant remains in

possession of the premises.

This bill provides that, in these situations, a tenant may abate rent in

accordance with a rent abatement schedule promulgated by the Department of

Agriculture, Trade and Consumer Protection by rule, if available, and directs DATCP

to create such a schedule. The bill also allows rent to be abated in full.

In addition, if a tenant complains to the landlord or to a local housing code

agency about a defect in a residential premises, current law prohibits the landlord

from retaliating against the tenant by increasing rent, decreasing services, bringing

an eviction action, refusing to renew a lease, or threatening to do any of these things.

This bill clarifies that a landlord may not retaliate against a tenant for the

reasonable abatement of rent. The bill also provides that if a landlord in a residential

tenancy increases rent, decreases services, brings an action for possession of the

premises, refuses to renew a lease, or threatens to do any of these things, such action

is presumed to be a prohibited retaliatory action if the tenant has complained to the

landlord or to a local housing code agency about a defect in a residential premises or

exercised any of the tenant's legal rights relating to his or her tenancy, including

reasonably abating rent, at any point in the preceding 12 months.