Section 1942

Citation: Section 1942
Parent Document: Winslett v. 1811 27th Ave., LLC, 237 Cal. Rptr. 3d 25 (2018)
Jurisdiction: California (state)
Effective Date: 2018-08-15
Original Source: https://www.courtlistener.com/opinion/6239848/winslett-v-1811-27th-ave-llc/ ↗

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We begin by tracing the origins of the statute. The statutory cause of action now embodied in section 1942.5, subdivisions (d) and (h), was not always included in section 1942.5. As originally enacted in 1970, section 1942.5 was "part of comprehensive landlord-tenant reform legislation. Assembly Bill No. 2033, 1970 Regular Session *35(Stats. 1970, ch. 1280) [AB 2033] amended section 1942 and added sections 1941.1, 1941.2, 1942.1 and 1942.5. [AB 2033] established the statutory retaliatory eviction defense ( § 1942.5 ) ... specified the conditions which rendered a dwelling 'untenantable' ( § 1941.1 ), enunciated tenants' responsibilities ( § 1941.2 ), clarified tenants' rights to make repairs themselves and deduct the cost from their rent (§ 1942), and prohibited the waiver of tenants' statutory rights ( §§ 1942.1 ; 1942.5, subd. (c) )." ( Kriz v. Taylor (1979) 92 Cal.App.3d 302, 310-311, 154 Cal.Rptr. 824.) What eventually became the current statutory cause of action for retaliatory eviction, which was added to this scheme by amendment in 1979, had its genesis in common law developments independent of section 1942.5.

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