SB 1076

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 schedule must specify items for which a tenant is entitled to rent abatement and the amount of rent abatement for each item. 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.