California Assembly passes AB 8 63 ensuring translated eviction notices for non-English speakers

In a recent meeting of the California Assembly Judiciary Committee, lawmakers discussed Assembly Bill 863 (AB 863), a significant piece of legislation aimed at enhancing language access for tenants facing eviction. The bill mandates that landlords provide eviction notices, complaints, and summons in Spanish, Chinese, Tagalog, Vietnamese, or Korean if the tenant negotiated their lease in one of these languages or has informed the landlord of their primary language. This move is particularly important in California, where nearly 16.3 million residents speak a language other than English at home.

For over two decades, California has required certain contracts, including leases, to be translated into these five languages. However, critical documents related to eviction processes have not been included in these protections, leaving approximately 6.4 million limited English proficient residents at a disadvantage. AB 863 seeks to rectify this gap, ensuring that tenants can understand legal documents and respond appropriately to eviction proceedings.

Catherine Huang, a staff attorney with Asian Americans Advancing Justice Southern California, provided compelling testimony in support of the bill. She recounted a case involving an elderly Mandarin-speaking tenant who was unable to comprehend an eviction notice written solely in English. This lack of understanding led to a judgment against him, forcing him out of his home. Huang emphasized that had AB 863 been in place, the tenant might have had the opportunity to contest the eviction and retain his housing.

Supporters of the bill argue that it is a necessary step toward ensuring due process for all tenants, regardless of their language proficiency. They contend that providing translated documents could prevent costly litigation and help resolve disputes amicably before they escalate to eviction.

However, the bill faced opposition from the California Apartment Association, which raised concerns about the potential costs and logistical challenges for landlords, particularly small property owners. They argued that the bill could lead to delays in the eviction process and suggested that local governments should handle translations rather than placing the burden on landlords.

As the committee continues to deliberate on AB 863, the discussions highlight the ongoing challenges faced by non-English speaking tenants in California's complex housing landscape. The outcome of this legislation could significantly impact the rights and protections available to a substantial portion of the state's population, emphasizing the importance of language access in the legal system. The committee's next steps will be crucial in determining how these issues are addressed moving forward.