California Government Code

§ 8698.1

GOV § 8698.1 Effective Jan 1, 2021Div. 1 · Title 2 · Ch. 7.8

Statute text

Upon a declaration of a shelter crisis, the following provisions shall apply during the period of the emergency.

(a)The political subdivision shall be immune from liability for ordinary negligence in the provision of emergency housing pursuant to Section 8698.2. This limitation of liability shall apply only to conditions, acts, or omissions directly related to, and which would not occur but for, the provision of emergency housing. This section does not limit liability for grossly negligent, reckless, or intentional conduct which causes injury.

(b)The provisions of any state or local regulatory statute, regulation, or ordinance prescribing standards of housing, health, or safety shall be suspended to the extent that strict compliance would in any way prevent, hinder, or delay the mitigation of the effects of the shelter crisis. Political subdivisions may, in place of such standards, enact municipal health and safety standards to be operative during the housing emergency consistent with ensuring minimal public health and safety. The provisions of this section apply only to additional public facilities open to the homeless pursuant to this chapter.

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Legislative history

Amended by Stats. 2020, Ch. 148, Sec. 2. (AB 2960) Effective January 1, 2021.