Section 17031.5 Of Chapter 3. Permits And Fees From California Health And Safety Code >> Division 13. >> Part 1. >> Chapter 3.
17031.5
. (a) No person operating employee housing shall terminate
or modify a tenancy by increasing rent, decreasing services,
threatening to bring or bringing an action to evict, refusing to
renew a tenancy, or in any other way intimidating, threatening,
restraining, coercing, blacklisting, or discharging an employee or
tenant because of the tenant's exercise of any of the following acts:
(1) Complaining in good faith, orally or in writing, to the
operator, landlord, or employer about tenantability or about any
right provided by this part.
(2) Exercising any legal right with respect to the housing
provided by this part.
(3) Complaining in good faith, orally or in writing, to any
applicable enforcement agency about tenantability or about any right
provided by this part.
(4) Bringing an action to enforce any rights provided for by this
part or Chapter 2 (commencing with Section 1940) of Title 5 of Part 4
of Division 3 of the Civil Code.
(5) Bringing an action under Section 1942.5 of the Civil Code.
(b) The tenant shall have a defense of retaliation in any action
for possession if the employer or landlord acted in violation of this
section. If the employer or landlord acts to discharge an employee
or tenant or to modify or terminate a tenancy within six months after
the employee or tenant has exercised any of the acts enumerated in
subdivision (a), there is a rebuttable presumption affecting the
burden of proof that the employer's or landlord's action was
retaliatory.
(c) No tenant shall have a defense of retaliation in an action for
possession where tenantability is an issue of fact and the
untenantable condition was caused by the deliberate or negligent act
or omission of the tenant or a member of his or her family, or other
persons on the premises with his or her consent.