section 1942

Citation: section 1942
Parent Document: Rich v. Schwab, 63 Cal. App. 4th 803 (1998)
Jurisdiction: California (state)
Effective Date: 1998-04-30
Original Source: https://www.courtlistener.com/opinion/2252453/rich-v-schwab/ ↗

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In attempting to avoid the plain meaning of section 1942.5, Schwab relies on the fact that section 1942.5 is part of chapter 2 of division 3, part 4, title 5 of the Civil Code and that section 1940, subdivision (a), which is the first provision in chapter 2, states: “Except as provided in subdivision (b), this chapter shall apply to all persons who hire dwelling units located within this state including tenants, lessees, boarders, lodgers, and others, however denominated.” Subdivision (b) then goes on to exclude from the provisions of chapter 2 hotel operators who are subject to transient occupancy taxes or who provide traditional hotel services. Subdivision (c) in turn provides a broad definition of dwelling unit.

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