2022 California Code
Code of Civil Procedure - CCP
PART 3 - OF SPECIAL PROCEEDINGS OF A CIVIL NATURE
TITLE 3 - OF SUMMARY PROCEEDINGS
CHAPTER 6 - COVID-19 Rental Housing Recovery Act
Section 1179.13.
1179.13. (a) A court shall prevent the forfeiture of a lease or rental agreement, whether written or oral, and whether or not the tenancy has terminated, and restore the tenant to the former estate or tenancy, if necessary, if all of the following apply:
(1) The complaint for unlawful detainer is based on a demand for payment of rental debt that accumulated due to COVID-19 financial hardship.
(2) (A) The tenant submits verification to the court that a government rental assistance program has approved an application for rental assistance corresponding to part or all of the rental debt demanded in the complaint.
(B) The verification described in this paragraph shall be in the form of either of the following:
(i) A copy of a final decision from the government rental assistance program showing the property address, the amount of payment approved, and the time period for which assistance was provided.
(ii) The property address and a unique application number to enable the court to obtain confirmation of the final decision, the corresponding property address, the amount of the payment approved, and the time period for which assistance was provided.
(3) The approved payment from the rental assistance program, together with any additional payments made by the tenant, constitute full payment of the rental debt demanded in the complaint.
(b) An application pursuant to this section may be made only at any time before restoration of the premises to the landlord.
(c) (1) An application pursuant to this section shall consist of verification that a government rental assistance program has approved an application for rental assistance corresponding to the rental debt demanded in the complaint.
(2) The verification described in this subdivision shall consist of either of the following:
(A) A copy of the final decision from the government rental assistance program approving the application, showing the property address, and indicating the amount of payment approved.
(B) A property address and unique application number to enable the court to obtain confirmation of the final decision, the corresponding property address, and the amount of the payment approved.
(3) (A) Except as provided in subparagraph (B), a tenant shall not be required to file any documentation not described in paragraph (1) or pleading with the court in order to apply for relief pursuant to this section.
(B) The verification required by this subdivision shall be provided on or accompanied by a form developed or revised by the Judicial Council for this purpose if the Judicial Council determines that this requirement is necessary to accomplish the purpose of the verification.
(d) Upon the filing of an application for relief pursuant to this section, the court shall do both of the following:
(1) Set a hearing on the matter on not less than 5 days’ notice and not more than 10 days’ notice to the parties, to be given by the court, and to be held separately or in conjunction with any regularly noticed hearing or trial in the case.
(2) Stay the action if no judgment has been entered in the case, immediately stay execution of any writ of possession issued in the case through the date of the hearing, and notify the sheriff accordingly.
(e) (1) At the hearing set pursuant to paragraph (1) of subdivision (d), the court shall rule upon the application for relief pursuant to this section in one of the following ways:
(A) If the tenant does not qualify for relief pursuant to subdivision (a), the court shall deny the application. A denial pursuant to this subparagraph may be used as evidence in an unlawful detainer action between the parties.
(B) If the tenant qualifies for relief pursuant to subdivision (a), and the plaintiff has received all of the payments described in paragraph (3) of subdivision (a), then the court shall grant the application, set aside any judgment issued in the case, and dismiss the case.
(C) If the tenant qualifies for relief pursuant to subdivision (a), and the plaintiff has not received all of the payments described in paragraph (3) of subdivision (a), the court shall do all of the following:
(i) Set a followup hearing to be held within 15 days, excluding Saturdays, Sundays, and other judicial holidays.
(ii) Extend the stay of the action through the date of that followup hearing.
(iii) Extend the stay of execution of any writ of possession in the case through the date of that followup hearing.
(D) At any followup hearing pursuant to subparagraph (C), the court shall issue one of the following orders:
(i) If the government rental assistance program has withdrawn the approval of rental assistance, then the court shall deny the application.
(ii) If the plaintiff has received all of the payments described in paragraph (3) of subdivision (a), then the court shall grant the application, set aside any judgment issued in the case, and dismiss the case.
(iii) If the government rental assistance program has not withdrawn the approval of rental assistance, but the landlord has not received all of the payments described in paragraph (3) of subdivision (a) because the rental assistance program has not yet issued its part of the payment, then the court shall order another followup hearing in accordance with this subparagraph.
(iv) If the government rental assistance program has not withdrawn the approval of rental assistance, but the landlord has not received all of the payments described in paragraph (3) of subdivision (a) because the tenant has not yet paid the tenant’s part of the payment, then the court shall deny the application with prejudice.
(2) If a court grants an application for relief pursuant to this section, the tenant shall not be considered the prevailing party for purposes of Section 1032, any attorney’s fee provision appearing in contract or statute, or any other law.
(Added by Stats. 2021, Ch. 27, Sec. 20. (AB 832) Effective June 28, 2021. Repealed as of September 30, 2024, pursuant to Section 1179.15.)
