AB 1436 Summary

• Establishes the COVID-19 Tenant Relief Act of 2020, requiring landlords to include unsigned attestation forms with rent demand notices during the covered period (March 4, 2020 through April 1, 2021 or 90 days after state of emergency ends, whichever is earlier) and protecting tenants who sign and deliver the attestation from eviction for nonpayment of COVID-19 rental debt.

• Prohibits landlords from applying security deposits to COVID-19 rental debt without written tenant consent, charging late fees on COVID-19 rental debt, or retaliating against tenants with COVID-19 debt by terminating tenancy or altering lease terms.

• Prevents creditors and tenant screening companies from using alleged COVID-19 rental debt as a negative factor in creditworthiness evaluations or rental references.

• Establishes mortgage forbearance rights for residential borrowers, multifamily borrowers (5+ units), and mobilehome owners experiencing COVID-19-related financial hardship, allowing up to 360 days of forbearance with no fees or penalties accruing during the forbearance period.

• Prohibits lawsuits to recover COVID-19 rental debt until 15 months after the state of emergency terminates or April 1, 2022, whichever is earlier, and requires courts to offset judgment amounts by any financial assistance provided to landlords to compensate for pandemic-related revenue losses.