California Government Code 53165 – (a) For purposes of this section:(1) “Individual in an …
(a) For purposes of this section:
(1) “Individual in an emergency” means a person who believes that immediate action is required to prevent or mitigate the loss or impairment of life, health, or property.
Terms Used In California Government Code 53165
- City: includes "city and county" and "incorporated town" but does not include "unincorporated town" or "village. See California Government Code 20
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- County: includes city and county. See California Government Code 19
- Dependent: A person dependent for support upon another.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Person: includes any person, firm, association, organization, partnership, limited liability company, business trust, corporation, or company. See California Government Code 17
- Subdivision: means a subdivision of the section in which the term occurs unless some other section is expressly mentioned. See California Government Code 10
- Town: includes "unincorporated town" and "village. See California Government Code 21
(2) “Local agency” means a county, city, whether general law or chartered, city and county, town, housing authority, municipal corporation, district, political subdivision, or any board, commission, or agency thereof, or other local public agency.
(3) “Occupant” means a person residing in a dwelling unit with the tenant. “Occupant” includes a lodger as defined in § 1946.5 of the Civil Code.
(4) “Penalty” means the following:
(A) The actual or threatened assessment of fees, fines, or penalties.
(B) The actual or threatened termination of a tenancy or the actual or threatened failure to renew a tenancy.
(C) The actual or threatened revocation, suspension, or nonrenewal of a rental certificate, license, or permit.
(D) The designation or threatened designation as a nuisance property or as a perpetrator of criminal activity under local law, or imposition or threatened imposition of a similar designation.
(E) Subjecting a tenant to inferior terms, privileges, and conditions of tenancy in comparison to tenants who have not sought law enforcement assistance or emergency assistance.
(5) “Resident” means a member of the tenant’s household or any other occupant living in the dwelling unit with the consent of the tenant.
(6) “Tenant” means tenant, subtenant, lessee, or sublessee.
(7) “Victim of abuse” includes:
(A) A victim of domestic violence as defined in § 6211 of the Family Code.
(B) A victim of elder or dependent adult abuse as defined in § 15610.07 of the Welfare and Institutions Code.
(C) A victim of human trafficking as described in § 236.1 of the Penal Code.
(D) A victim of sexual assault means a victim of any act made punishable by Section 261, 264.1, 285, 286, 288, 288a, or 289 of the Penal Code.
(E) A victim of stalking as described in § 1708.7 of the Civil Code or § 646.9 of the Penal Code.
(8) “Victim of crime” means a victim of a misdemeanor or felony.
(b) A local agency shall not promulgate, enforce, or implement any ordinance, rule, policy, or regulation, that authorizes, or requires the imposition, or threatened imposition, of a penalty against a resident, owner, tenant, landlord, or other person as a consequence of law enforcement assistance or emergency assistance being summoned by, or on behalf of, a victim of abuse, a victim of crime, or an individual in an emergency.
(c) If a local agency violates this section, a resident, tenant, owner, landlord, or other person may obtain the following:
(1) A court order requiring the local agency to cease and desist the unlawful practice.
(2) A court order rendering null and void any ordinance, rule, policy, or regulation that violates this section.
(3) Other equitable relief as the court may deem appropriate.
(d) This section preempts any local ordinance, rule, policy, or regulation insofar as it is inconsistent with this section, irrespective of the effective date of the ordinance, rule, policy, or regulation.
(Amended by Stats. 2021, Ch. 626, Sec. 13. (AB 1171) Effective January 1, 2022.)