Effective Date: May 12th, 2023
Key points:
Definition of Environmental Public Health Event: The act defines an "environmental public health event" as a natural disaster or environmental occurrence, such as a wildfire, flood, or release of toxic contaminants, that could negatively impact the health and safety of tenants residing in nearby residential premises.
Landlord's Remediation Obligations: Landlords are required to remediate residential premises damaged due to an environmental public health event, ensuring compliance with applicable standards for remediation and cleanup. This includes addressing issues like smoke, ash, and other air contaminants to restore the premises to a habitable condition.
Tenant's Right to Terminate Lease: If a landlord fails to remediate the premises within 60 business days after receiving notice of the habitability issue, tenants may terminate the lease without penalty. Additionally, members of vulnerable populations—such as children, individuals with asthma, disabilities, or those who are pregnant—can terminate the lease sooner if the conditions pose health risks.
Prohibition of Retaliation: The act prohibits landlords from retaliating against tenants who make good faith complaints about the conditions of their residential premises. This includes protections against eviction or other penalties in response to such complaints.
Clarification of Tenant Notification: Tenants must provide written or electronic notice to landlords regarding habitability issues. The act clarifies acceptable methods for such notifications and requires landlords to respond within specified timeframes.
This legislation aims to ensure that residential premises are promptly and adequately restored to habitable conditions following environmental public health events, thereby safeguarding tenant health and housing stability.
This bill was updated with 2024 legislation - SB24 – 094 - Safe Housing for Residential Tenants
