1940.
(a) Except as provided in subdivision (b), this chapter shall apply to all persons who hire dwelling units located within this state including tenants, lessees, boarders, lodgers, and others, however denominated.
1940.2.
(a) It is unlawful for a landlord lessor or lessor’s agent to do any of the following for the purpose of influencing a tenant lessee to vacate a dwelling:
1940.3.
(a) A public entity shall not, by ordinance, regulation, policy, or administrative action implementing any ordinance, regulation, policy, or administrative action, compel a landlord or any agent of the landlord lessor or lessor’s agent to make any inquiry, compile, disclose, report, or provide any information, prohibit offering or continuing to offer, accommodations in the property for rent or lease, or otherwise take any action regarding or based on the immigration or citizenship status of a tenant, lessee, prospective tenant, lessee, occupant, or prospective occupant of residential rental property.
1940.35.
(a) It is unlawful for a landlord lessor or lessor’s agent to disclose to any immigration authority, law enforcement agency, or local, state, or federal agency information regarding or relating to the immigration or citizenship status of any tenant, lessee, occupant, or other person known to the landlord lessor or lessor’s agent to be associated with a tenant lessee or occupant, for the purpose of, or with the intent of, harassing or intimidating a tenant lessee or occupant, retaliating against a tenant lessee or occupant for the exercise of his or her the lessee’s or occupant’s rights, influencing a tenant lessee or occupant to vacate a dwelling, or recovering possession of the dwelling, irrespective of whether the tenant lessee or occupant currently resides in the dwelling.
1940.4.
(a) Except as provided in subdivision (c), a landlord lessor or lessor’s agent shall not prohibit a tenant lessee from posting or displaying political signs relating to any of the following:
1940.45.
(a) Except as otherwise provided by this section, a property owner shall not enforce or adopt a restrictive covenant or any other restriction that prohibits one or more religious items from being displayed or affixed on any entry door or entry door frame of a dwelling.
1940.5.
An owner or an owner’s agent shall not refuse to rent a dwelling unit in a structure which received its valid certificate of occupancy after January 1, 1973, to an otherwise qualified prospective tenant lessee or refuse to continue to rent to an existing tenant lessee solely on the basis of that tenant’s lessee’s possession of a waterbed or other bedding with liquid filling material where all of the following requirements and conditions are met:
1940.6.
(a) The owner of a residential dwelling unit or the owner’s agent who applies to any public agency for a permit to demolish that residential dwelling unit shall give written notice of that fact to:
1940.7.
(a) The Legislature finds and declares that the December 10, 1983, tragedy in Tierra Santa, in which lives were lost as a result of a live munition exploding in a residential area that was formerly a military ordnance location, has demonstrated (1) the unique and heretofore unknown risk that there are other live munitions in former ordnance locations in California, (2) that these former ordnance locations need to be identified by the federal, state, or local authorities, and (3) that the people living in the neighborhood of these former ordnance locations should be notified of their existence. Therefore, it is the intent of the Legislature that the disclosure required by this section is solely warranted and limited by (1) the fact that these former ordnance locations cannot be readily observed or discovered by landlords lessors or lessors’agents and tenants, lessees, and (2) the ability of a landlord lessor or lessor’s agent who has actual knowledge of a former ordnance location within the neighborhood of his or her the lessor’s or lessor’s agent’s rental property to disclose this information for the safety of the tenant. lessee.
1940.8.
A landlord lessor or lessor’s agent of a residential dwelling unit shall provide each new tenant lessee that occupies the unit with a copy of the notice provided by a registered structural pest control company pursuant to Section 8538 of the Business and Professions Code, if a contract for periodic pest control service has been executed.
1940.8.5.
(a) For purposes of this section, the following terms have the following meanings:
1940.9.
(a) If the landlord lessor does not provide separate gas and electric meters for each tenant’s lessee’s dwelling unit so that each tenant’s lessee’s meter measures only the electric or gas service to that tenant’s lessee’s dwelling unit and the landlord lessee or his or her the lessee’s agent has knowledge that gas or electric service provided through a tenant’s lessee’s meter serves an area outside the tenant’s lessee’s dwelling unit, the landlord, lessor or lessor’s agent, prior to the inception of the tenancy or upon discovery, shall explicitly disclose that condition to the tenant lessee and shall do either of the following:
1940.10.
(a) For the purposes of this section, the following definitions shall apply:
1940.20.
(a) For purposes of this section, the following definitions shall apply:
1941.1.
(a) A dwelling shall be deemed untenantable for purposes of Section 1941 if it substantially lacks any of the following affirmative standard characteristics or is a residential unit described in Section 17920.3 or 17920.10 of the Health and Safety Code:
1941.2.
(a) No duty on the part of the landlord lessor or lessor’s agent to repair a dilapidation shall arise under Section 1941 or 1942 if the tenant lessee is in substantial violation of any of the following affirmative obligations, provided the tenant’s lessee’s violation contributes substantially to the existence of the dilapidation or interferes substantially with the landlord’s lessor’s or lessor’s agent’s obligation under Section 1941 to effect the necessary repairs:
1941.3.
(a) On and after July 1, 1998, the landlord, or his or her agent, lessor or lessor’s agent of a building intended for human habitation shall do all of the following:
1941.5.
(a) This section shall apply if a person who is restrained from contact with the protected tenant lessee under a court order or is named in a police report is not a tenant lessee of the same dwelling unit as the protected tenant. lessee.
(2)
(3)
(4)
(5)“Tenant” means tenant, subtenant, lessee, or sublessee.
(2)(3)(4)(5)“Tenant” means tenant, subtenant, lessee, or sublessee.
1941.6.
(a) This section shall apply if a person who is restrained from contact with a protected tenant lessee under a court order is a tenant lessee of the same dwelling unit as the protected tenant. lessee.
(2)
(3)
(4)“Tenant” means tenant, subtenant, lessee, or sublessee.
(2)(3)(4)“Tenant” means tenant, subtenant, lessee, or sublessee.
1941.7.
(a) An obligation shall not arise under Section 1941 or 1942 to repair a dilapidation relating to the presence of mold pursuant to paragraph (13) of subdivision (a) of Section 17920.3 of the Health and Safety Code until the lessor has notice of the dilapidation or if the tenant lessee is in violation of Section 1941.2.
1942.
(a) If within a reasonable time after written or oral notice to the landlord or his agent, as defined in subdivision (a) of Section 1962, lessor or lessor’s agent of dilapidations rendering the premises untenantable which that the landlord lessor or lessor’s agent ought to repair, the landlord lessor or lessor’s agent neglects to do so, the tenant lessee may repair the same himself where if the cost of such repairs does not require an expenditure more than one month’s rent of the premises and deduct the expenses of such repairs from the rent when due, or the tenant lessee may vacate the premises, in which case the tenant lessee shall be discharged from further payment of rent, or performance of other conditions as of the date of vacating the premises. This remedy shall not be available to the tenant lessee more than twice in any 12-month period.
1942.2.
A tenant lessee who has made a payment to a utility pursuant to Section 777, 777.1, 10009, 10009.1, 12822, 12822.1, 16481, or 16481.1 of the Public Utilities Code, or to a district pursuant to Section 60371 of the Government Code, may deduct the payment from the rent as provided in that section.
1942.3.
(a) In any unlawful detainer action by the landlord lessor or lessor’s agent to recover possession from a tenant, lessee, a rebuttable presumption affecting the burden of producing evidence that the landlord lessor or lessor’s agent has breached the habitability requirements in Section 1941 is created if all of the following conditions exist:
1942.4.
(a) A landlord lessor or lessor’s agent of a dwelling may not demand rent, collect rent, issue a notice of a rent increase, or issue a three-day notice to pay rent or quit pursuant to subdivision (2) of Section 1161 of the Code of Civil Procedure, if all of the following conditions exist prior to the landlord’s lessor’s or lessor’s agent’s demand or notice:
1942.6.
Any person entering onto residential real property, upon the invitation of an occupant, during reasonable hours or because of emergency circumstances, for the purpose of providing information regarding tenants’ lessees’ rights or to participate in a lessees’ association or association of tenants lessees or an association that advocates tenants’ lessees’ rights shall not be liable in any criminal or civil action for trespass.
1942.7.
(a) A person or corporation that occupies, owns, manages, or provides services in connection with any real property, including the individual’s or corporation’s agents or successors in interest, and that allows an animal on the premises, shall not do any of the following:
1942.8.
(a) It is the intent of the Legislature in enacting this section to assist those at risk of homelessness and to encourage landlords lessors or lessors’ agents and tenants lessees to permit those persons to temporarily reside on their property.
1942.9.
(a) Notwithstanding any other law, a landlord lessor or lessor’s agent shall not, with respect to a tenant lessee who has COVID-19 rental debt, as that term is defined in Section 1179.02 of the Code of Civil Procedure, and who has submitted a declaration of COVID-19-related financial distress, as defined in Section 1179.02 of the Code of Civil Procedure, do either of the following:
1946.
A hiring of real property, for a term not specified by the parties, is deemed to be renewed as stated in Section 1945, at the end of the term implied by law unless one of the parties gives written notice to the other of that party’s intention to terminate the same, at least as long before the expiration thereof as the term of the hiring itself, not exceeding 30 days; provided, however, that as to tenancies from month to month either of the parties may terminate the same by giving at least 30 days’ written notice thereof at any time and the rent shall be due and payable to and including the date of termination. It shall be competent for the parties to provide by an agreement at the time the tenancy is created that a notice of the intention to terminate the same may be given at any time not less than seven days before the expiration of the term thereof. The notice herein required shall be given in the manner prescribed in Section 1162 of the Code of Civil Procedure or by sending a copy by certified or registered mail addressed to the other party. In addition, the lessee may give the notice by sending a copy by certified or registered mail addressed to the agent of the lessor to whom the lessee has paid the rent for the month prior to the date of the notice or by delivering a copy to the agent personally. The notice given by the lessor shall also contain, in substantially the same form, the following:
1946.1.
(a) Notwithstanding Section 1946, a hiring of residential real property for a term not specified by the parties, is deemed to be renewed as stated in Section 1945, at the end of the term implied by law unless one of the parties gives written notice to the other of his or her the party’s intention to terminate the tenancy, as provided in this section.
1946.2.
(a) Notwithstanding any other law, after a tenant lessee has continuously and lawfully occupied a residential real property for 12 months, the owner of the residential real property shall not terminate the tenancy without just cause, which shall be stated in the written notice to terminate tenancy. If any additional adult tenants lessees are added to the lease before an existing tenant lessee has continuously and lawfully occupied the residential real property for 24 months, then this subdivision shall only apply if either of the following are satisfied:
“This property is not subject to the rent limits imposed by Section 1947.12 of the Civil Code and is not subject to the just cause requirements of Section 1946.2 of the Civil Code. This property meets the requirements of Sections 1947.12 (d)(5) and 1946.2 (e)(8) of the Civil Code and the owner is not any of the following: (1) a real estate investment trust, as defined by Section 856 of the Internal Revenue Code; (2) a corporation; or (3) a limited liability company in which at least one member is a corporation.”
The provision of the notice shall be subject to Section 1632.
1946.7.
(a) A tenant lessee may notify the landlord lessor or lessor’s agent that the tenant lessee intends to terminate the tenancy if the tenant, lessee, a household member, or an immediate family member was the victim of an act that constitutes any of the following:
Tenant Statement and Qualified Third Party Statement
under Civil Code Section 1946.7 |
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Part I.Statement By Tenant
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I, [insert name of tenant], state as follows:
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I, or a member of my household or immediate family, have been a victim of:
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[insert one or more of the following: domestic violence, sexual assault, stalking, human trafficking, elder abuse, dependent adult abuse, or a crime that caused bodily injury or death, a crime that included the exhibition, drawing, brandishing, or use of a firearm or other deadly weapon or instrument, or a crime that included the use of force against the victim or a threat of force against the victim.]
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The most recent incident(s) happened on or about:
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[insert date or dates.]
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The incident(s) was/were committed by the following person(s), with these physical description(s), if known and safe to provide:
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[if known and safe to provide, insert name(s) and physical description(s).]
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(signature of tenant)(date)
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Part II.Qualified Third Party Statement
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I, [insert name of qualified third party], state as follows:
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My business address and phone number are:
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[insert business address and phone number.]
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Check and complete one of the following:
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____I meet the requirements for a sexual assault counselor provided in Section 1035.2 of the Evidence Code and I am either engaged in an office, hospital, institution, or center commonly known as a rape crisis center described in that section or employed by an organization providing the programs specified in Section 13835.2 of the Penal Code.
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____I meet the requirements for a domestic violence counselor provided in Section 1037.1 of the Evidence Code and I am employed, whether financially compensated or not, by a domestic violence victim service organization, as defined in that section.
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____I meet the requirements for a human trafficking caseworker provided in Section 1038.2 of the Evidence Code and I am employed, whether financially compensated or not, by an organization that provides programs specified in Section 18294 of the Welfare and Institutions Code or in Section 13835.2 of the Penal Code.
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____I meet the definition of “victim of violent crime advocate” provided in Section 1947.6 of the Civil Code and I am employed, whether financially compensated or not, by a reputable agency or organization that has a documented record of providing services to victims of violent crime or provides those services under the auspices or supervision of a court or a law enforcement or prosecution agency.
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____I am licensed by the State of California as a:
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[insert one of the following: physician and surgeon, osteopathic physician and surgeon, registered nurse, psychiatrist, psychologist, licensed clinical social worker, licensed marriage and family therapist, or licensed professional clinical counselor.] and I am licensed by, and my license number is:
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[insert name of state licensing entity and license number.]
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The person who signed the Statement By Tenant above stated to me that the person, or a member of the person’s household or immediate family, is a victim of:
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[insert one or more of the following: domestic violence, sexual assault, stalking, human trafficking, elder abuse, dependent adult abuse, or a crime that caused physical injury, emotional injury and the threat of physical injury, or death.]
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The person further stated to me the incident(s) occurred on or about the date(s) stated above.
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I understand that the person who made the Statement By Tenant may use this document as a basis for terminating a lease with the person’s landlord.
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(signature of qualified third party)(date)
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1946.8.
(a) For purposes of this section:
1947.3.
(a) (1) Except as provided in paragraph (2), a landlord or a landlord’s lessor or lessor’s agent shall allow a tenant lessee to pay rent and deposit of security by at least one form of payment that is neither cash nor electronic funds transfer.
(signature of third party) _____
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(date)
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1947.5.
(a) A landlord lessor or lessor’s agent of a residential dwelling unit, as defined in Section 1940, or his or her agent, may prohibit the smoking of a cigarette, as defined in Section 104556 of the Health and Safety Code, or other tobacco product on the property or in any building or portion of the building, including any dwelling unit, other interior or exterior area, or the premises on which it is located, in accordance with this article.
1947.7.
(a) The Legislature finds and declares that the operation of local rent stabilization programs can be complex and that disputes often arise with regard to standards of compliance with the regulatory processes of those programs. Therefore, it is the intent of the Legislature to limit the imposition of penalties and sanctions against an owner of residential rental units where that person has attempted in good faith to fully comply with the regulatory processes.
1947.8.
(a) If an ordinance or charter controls or establishes a system of controls on the price at which residential rental units may be offered for rent or lease and requires the registration of rents, the ordinance or charter, or any regulation adopted pursuant thereto, shall provide for the establishment and certification of permissible rent levels for the registered rental units, and any changes thereafter to those rent levels, by the local agency as provided in this section.
1947.8.
(a) If an ordinance or charter controls or establishes a system of controls on the price at which residential rental units may be offered for rent or lease and requires the registration of rents, the ordinance or charter, or any regulation adopted pursuant thereto, shall provide for the establishment and certification of permissible rent levels for the registered rental units, and any changes thereafter to those rent levels, by the local agency as provided in this section.
1947.9.
(a) (1) Notwithstanding any local law to the contrary, for those units governed by the local rent stabilization ordinance in the City and County of San Francisco, levels of compensation for the temporary displacement of a tenant lessee household for less than 20 days shall be limited to both of the following:
1947.10.
(a) After July 1, 1990, in any city, county, or city and county which administers a system of controls on the price at which residential rental units may be offered for rent or lease and which requires the registration of rents, any owner who evicts a tenant lessee based upon the owner’s or the owner’s immediate relative’s intention to occupy the tenant’s lessee’s unit, shall be required to maintain residence in the unit for at least six continuous months. If a court determines that the eviction was based upon fraud by the owner or the owner’s immediate relative to not fulfill this six-month requirement, a court may order the owner to pay treble the cost of relocating the tenant lessee from his or her the lessee’s existing unit back into the previous unit and may order the owner to pay treble the amount of any increase in rent which the tenant lessee has paid. If the tenant lessee decides not to relocate back into the previous unit, the court may order the owner to pay treble the amount of one month’s rent paid by the tenant lessee for the unit from which he or she the lessee was evicted and treble the amount of any costs incurred in relocating to a different unit. The prevailing party shall be awarded attorney’s fees and court costs.
1947.11.
(a) In any city, county, or city and county which administers a system of controls on the price at which residential rental units may be offered for rent or lease and which requires the registration of rents, upon the establishment of a certified rent level, any owner who charges rent to a tenant lessee in excess of the certified lawful rent ceiling shall refund the excess rent to the tenant lessee upon demand. If the owner refuses to refund the excess rent and if a court determines that the owner willfully or intentionally charged the tenant lessee rent in excess of the certified lawful rent ceiling, the court shall award the tenant lessee a judgment for the excess amount of rent and may treble that amount. The prevailing party shall be awarded attorney’s fees and court costs.
1947.12.
(a) (1) Subject to subdivision (b), an owner of residential real property shall not, over the course of any 12-month period, increase the gross rental rate for a dwelling or a unit more than 5 percent plus the percentage change in the cost of living, or 10 percent, whichever is lower, of the lowest gross rental rate charged for that dwelling or unit at any time during the 12 months prior to the effective date of the increase. In determining the lowest gross rental amount pursuant to this section, any rent discounts, incentives, concessions, or credits offered by the owner of such unit of residential real property and accepted by the tenant lessee shall be excluded. The gross per-month rental rate and any owner-offered discounts, incentives, concessions, or credits shall be separately listed and identified in the lease or rental agreement or any amendments to an existing lease or rental agreement.
1947.15.
(a) The Legislature declares the purpose of this section is to:
1948.
The attornment of a tenant lessee to a stranger is void, unless it is made with the consent of the landlord, lessor or lessor’s agent or in consequence of a judgment of a Court court of competent jurisdiction.
1949.
Every tenant lessee who receives notice of any proceeding to recover the real property occupied by him or her, the lessee or the possession of the real property, property shall immediately inform his or her landlord the lessee’s lessor or lessor’s agent of the proceeding, proceeding and also deliver to the landlord lessor or lessor’s agent the notice, if in writing, and is responsible to the landlord lessor for all damages which he or she that the lessor may sustain by reason of any omission to inform the landlord lessor or lessor’s agent of the notice, or to deliver it to him or her the lessor or lessor’s agent if in writing.
1950.
One who hires part of a room for a dwelling is entitled to the whole of the room, notwithstanding any agreement to the contrary; and if a landlord lessor or lessor’s agent lets a room as a dwelling for more than one family, the person to whom he the lessor or lessor’s agent first lets any part of it is entitled to the possession of the whole room for the term agreed upon, and every tenant lessee in the building, under the same landlord, lessor or lessor’s agent, is relieved from all obligation to pay rent to him the lessor or lessor’s agent while such double letting of any room continues.
1950.5.
(a) This section applies to security for a rental agreement for residential property that is used as the dwelling of the tenant. lessee.
1950.6.
(a) Notwithstanding Section 1950.5, when a landlord or his or her lessor or lessor’s agent receives a request to rent a residential property from an applicant, the landlord or his or her lessor or lessor’s agent may charge that applicant an application screening fee to cover the costs of obtaining information about the applicant. The information requested and obtained by the landlord or his or her lessor or lessor’s agent may include, but is not limited to, personal reference checks and consumer credit reports produced by consumer credit reporting agencies as defined in Section 1785.3. A landlord or his or her lessor or lessor’s agent may, but is not required to, accept and rely upon a consumer credit report presented by an applicant.
1950.7.
(a) Any payment or deposit of money the primary function of which is to secure the performance of a rental agreement for other than residential property or any part of the agreement, other than a payment or deposit, including an advance payment of rent, made to secure the execution of a rental agreement, shall be governed by the provisions of this section. With respect to residential property, the provisions of Section 1950.5 shall prevail.
1950.8.
(a) This section applies only to commercial leases and nonresidential tenancies of real property.
1952.7.
(a) (1) Any term in a lease that is executed, renewed, or extended on or after January 1, 2015, that conveys any possessory interest in commercial property that either prohibits or unreasonably restricts the installation or use of an electric vehicle charging station in a parking space associated with the commercial property, or that is otherwise in conflict with the provisions of this section, is void and unenforceable.
1953.
(a) Any provision of a lease or rental agreement of a dwelling by which the lessee agrees to modify or waive any of the following rights shall be void as contrary to public policy:
1954.
(a) A landlord lessor or lessor’s agent may enter the dwelling unit only in the following cases:
1954.05.
In any general assignment for the benefit of creditors, as defined in Section 493.010 of the Code of Civil Procedure, the assignee shall have the right to occupy, for a period of up to 90 days after the date of the assignment, any business premises held under a lease by the assignor upon payment when due of the monthly rental reserved in the lease for the period of such occupancy, notwithstanding any provision in the lease, whether heretofore or hereafter entered into, for the termination thereof upon the making of the assignment or the insolvency of the lessee or other condition relating to the financial condition of the lessee. This section shall be construed as establishing the reasonable rental value of the premises recoverable by a landlord lessor or lessor’s agent upon a holding-over by the tenant lessee upon the termination of a lease under the circumstances specified herein.
1954.06.
(a) As specified in subdivision (b), and except as provided in subdivision (j), beginning July 1, 2021, any landlord lessor or lessor’s agent of an assisted housing development shall offer the tenant lessee or tenants lessees obligated on the lease of each unit in that housing development the option of having the tenant’s lessee’s rental payment information reported to at least one nationwide consumer reporting agency that meets the definition in Section 603(p) of the federal Fair Credit Reporting Act (15 U.S.C. Section 1681a(p)) or any other consumer reporting agency that meets the definition in Section 603(f) of the federal Fair Credit Reporting Act (15 U.S.C. Section 1681a(f)) so long as the consumer reporting agency resells or otherwise furnishes rental payment information to a nationwide consumer reporting agency that meets the definition in Section 603(p) of the federal Fair Credit Reporting Act (15 U.S.C. Section 1681a(p)). A tenant’s lessee’s election to have rent reported under this subdivision shall be in writing, as described in subdivision (c).