Additionally, landlords must allow tenants with disabilities to make reasonable physical modifications to the unit so that they have full enjoyment of the premises. In most situations, tenants are responsible for covering the costs of the reasonable modification. If I own a building, I have to keep it up. Yes. Note further that leases often restrict the tenants rights in this area though the law normally voids those lease provisions for habitability repair. A qualifying intergenerational housing development must have at least 80 percent of the units occupied by at least one senior citizen, defined as a person 55 years of age or older, and up to 20 percent of the units occupied by at least one caregiver or transition-age youth. The Court ruled that the landlord was not liable because the mugging occurred on a public street, and so, he was not responsible for the mugging occurring. The SDBL grants bonuses, concessions, waivers and parking reductions to projects with qualifying affordable housing. California Environmental Quality Act (CEQA) Litigation. Similar provisions have previously been included in locally adopted inclusionary housing requirements. The Court ruled that the landlord had no duty to the victim because the act occurred off the premises. law at the time of installation, maintained in good working order. Justia - California Civil Jury Instructions (CACI) (2022) 4342. Health & Safety Code 17920-17928 Housing habitability regulations & Landlord responsibilities: Ca. Civil Code Section 1941.1 requires landlords to provide the following: Effective waterproofing and weather protection of the roof and outside walls; unbroken doors and windows. California law also provides that after all of the tenants have continuously and lawfully occupied the property for 12 months or more or at least one of the tenants has continuously and lawfully occupied the property for 24 months or more, a landlord must provide a statement of cause in any notice to terminate a tenancy. The law builds on existing law that allows parties to eliminate unenforceable racially restrictive covenants from recorded documents but goes dramatically further by making any recorded CC&Rs that restrict the number, size or location of residences that may be built on a property, or that restrict the number of persons or families who may reside on a property, unenforceable against the owner of a 100 percent BMR housing development that is affordable to lower-income households. Start resolving your legal matters - contact us today! Use your own judgment. The Housing Accountability Act (HAA) is a California state law designed to promote infill development by speeding housing approvals. In Debra S. Rosenbaum v. Security Bank Corporation (1996), a tenant was mugged on the street in front of her apartment and suffered several injuries. Landlord Liability for Unsafe Conditions: California landlords are legally obligated to take the necessary measures to secure the premises in order to prevent foreseeable criminal acts in the area. Provide working gas lines if used for utilities/cooking. When a landlord in California fails to fix serious problems with a rental unit, the tenant has a legal right to withhold some or all of that month's rent. Many of these provisions were originally due to sunset in 2025. This includes electrical issues, broken windows, and even rat infestations. To find a legal aid office near where you live, please visit www.LawHelpCA.org. Fair increases: State law prohibits discriminatory practices like raising rent only for renters of certain religions or races. When rent is current, California landlords cant retaliate against tenants in the following ways: Tenants are protected after the following occurrences: The law presumes landlord retaliation for six months after a lost habitability case or tenant complaint about repairs, health, or safety. Californias landlord/tenant laws are some of the most detailed in the entire countryand not only do landlords and tenants need to be aware of the laws at the state level, but there may also be additional regulations for the city or town the rental property is in. This Google translation feature is provided for informational purposes only. In 2019, California enacted the Tenant Protection Act (AB 1482), which created significant new protections for tenants. Working deadbolts must be provided for entry doors and working locks or security devices must be provided for all windows. It requires agencies to identify an existing level of services for public facilities and information supporting the agency's actions in increasing fees and requires agencies to impose fees on a housing development proportionately to the square footage of the development or make findings for a different methodology. Stay up-to-date with how the law affects your life. Code 789.3. Several new laws add transparency to the process for updating the Housing Element and progress on meeting the Housing Element's goals by imposing additional noticing and reporting obligations on local jurisdictions. California Gov. Habitability Law In California, tenants have the right to a safe and livable residence. This creates more ownership options for nonprofit housing organizations. February 20, 2023 Elizabeth Souza. Landlords cannot raise rent annually more than 5% plus inflation according to the regional Consumer Price Index, for a maximum increase of 10% each year. If a landlord refuses to make repairs, tenants should contact their local code enforcement office or local health department. 3d 62 [102 Cal. It is not enough for a landlord to call, text, or email that they plan on raising the rent. Landlords cannot charge tenants the cost of offering a reasonable accommodation. This article shall outline the requirements imposed. All Rights Reserved. In California, a tenant is not required to provide notice for fixed end date leases, the lease expires on the last day of the lease. Lawful purposes include unpaid rent, cleaning, repair of damage caused by the tenant beyond normal wear and tear, and in some cases, replacing furnishings. Applicable Dwelling Types in California (See Holland & Knight's previous alert, "California Legislature Passes Housing Crisis Act of 2019 and Rent Control Bill, Among Others," Sept. 12, 2019.) Code 1947.12.). Ensure the roof, walls, etc., are completely waterproofed and there are no leaks. Code 1941.2. In Ann M. v. Pacific Plaza Shopping Center (1993), an employee sued a shopping center landlord after she was raped inside a tenants store. her control. Note that a landlord can even be held liable if the event takes place away from the landlords property, as in Donchin v. Guerrero (1995), where the court held that the landlord could be held liable for a tenants dog attacking a person four blocks away from the property. Tenants should also read the below so they understand their rights as renters. Provide working carbon monoxide detector. Note, however, that home offices are normally treated as residential leases. Superior Court, the California Supreme Court held that a warranty of habitability is implied in all residential rental agreements. Plumbing, electricity and gas facilities in good working order. It is illegal to try to "evict" a tenant by locking them out, shutting off the water or electricity, or removing their personal property. As an urgency statute, this law took effect on July 19, 2021. Provide working wiring for one telephone jack. Statewide Rent Control in California. A copy of this disclaimer can also be found on our Disclaimer page. Read More. Some of these reasons have their own specific requirements. AB 1304 further reforms these requirements by clarifying that public agencies have a mandatory duty to comply with AFFH requirements by requiring housing element site inventories to identify sites needed to meet the AFFH requirement and analyze the relationship of those sites to the locality's AFFH duty, and providing other further specific guidance about how housing elements must analyze AFFH policies and goals. Reasonable accommodations may involve adjusting certain policies in a way that helps a person with a disability have equal access to housing. In all instances, the key for the landlord is to know what is happening with his or her property and to take appropriate steps to repair and maintain. Find helpful legal articles & summaries on key areas of the law! (a) A dwelling shall be deemed untenantable for purposes of Section 1941 if it substantially lacks any of the following affirmative standard characteristics Find answers to many questions and more resources to help with Landlord Tenant Law California. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. California Landlord Tenant Law - Official Rules and Regulations. Costs of Housing Production. In addition to the statewide requirement that landlords have just cause before evicting a tenant, local laws may offer additional tenant protections. achieve energy savings. AFFH means, among other things, "taking meaningful actions that overcome patterns of segregation and foster inclusive communities" and "address significant disparities in housing needs and in access to opportunity." Moreover, the laws of each jurisdiction are different and are constantly changing. Agencies must also post the current impact fee schedule and update at least twice a year. Cal. or a combination of heating and hot water system repairs or replacements, that would (3) A water supply approved under applicable law that is under the control of the tenant, All rights reserved. SB 290 adds the ability to request one concession or incentive for projects that include at least 20 percent of the total units for lower-income students in a student housing development. For example, a landlord is permitted to have a no pets policy, but must make a reasonable accommodation for a tenant with a service animal by waiving the no pets policy for that tenant. (2) Plumbing or gas facilities that conformed to applicable law in effect at the time (See Holland & Knight's alert, "SB 10 to Facilitate Upzonings, But Does Not Include CEQA Exemption for Corresponding Projects," Sept. 20, 2021.). SB 8 extends until 2034 the HCA provision that prohibits cities from conducting more than five hearings on an application as well as HCA provisions that provide vesting rights for housing projects that submit a qualifying "preliminary application." The landlord is required to ensure that the rental remains habitable throughout the tenancy. Tenants have limited statewide protections related to COVID-19. The law also clarifies that subsequent permit applications must only meet the objective standards that were in place when the original development application was submitted. California Habitability Laws Landlord duty to provide habitable property: Ca. Habitability means that your dwelling is safe, secure, and a reasonable person would not have a problem living there. These conditions include ensuring proper electric, gas, and plumbing utilities, as well as installing proper locks and security systems. Agencies must adopt studies at a public hearing with at least 30 days' notice, notify any member of the public who requests notice of an impact fee nexus study and consider any evidence submitted by any member of the public that the agency's determinations or findings are insufficient. It is not designed to be, and should not be used as, the sole source of information when analyzing and resolving a legal problem, and it should not be substituted for legal advice, which relies on a specific factual analysis. responsible for the clean condition and good repair of the receptacles under his or As an urgency statute, this law took effect on May 20, 2021. (Civ. Although California's habitability law requires minimum heating standards, it does not oblige apartment owners to maintain minimum cooling standards. At minimum every California rental must: Previously, an agency had three years to rezone. The Legislature did not advance any significant new streamlining laws, but it did create opportunities for creative project applicants to use provisions such as the SDBL to create feasible housing opportunities and to invoke the HAA and the HCA to move project approvals forward. (For additional analysis, please see Holland & Knight's alert, "California Gov. (Civ. It also requires the agency to report on student housing projects receiving density bonuses as part of a housing element annual report. The Legislature enacted important reforms to spur more density through SB 10 and amendments to the State Density Bonus Law (SDBL) and took aim at restrictive floor area ratio (FAR) and lot coverage standards. The tenant, on the other hand, also assumes some responsibility for the condition of the premises, as described below. To qualify, a project must consist of three to 10 units in a multifamily residential zone or mixed-use zone in an urbanized area and cannot be within a single-family zone or within a historic district. The failure of a landlord to provide such conditions can lead to violation of the law and impose civil and, at times, even criminal liability upon the landlord. If tenants cause damage to the unit, they are responsible for repairing it. SB 9 does not address covenants, conditions or restrictions that may prohibit multifamily development or lot splits. If you intend to make a profit from renting living space, you will have to provide living accommodations that meet certain habitability conditions and if you do not, the tenant may make those repairs or terminate the leasehold. AB 215 requires local agencies to make draft revisions of the housing element available for public comment for 30 days. Founded in 1939, our law firm combines the ability to represent clients in domestic or international matters with the personal interaction with clients that is traditional to a long established law firm. This amendment is intended to broaden the scope of SDBL projects eligible for the HAA's protections. This means the landlord can only enter your unit under . The hallmark of Holland & Knight's success has always been and continues to be legal work of the highest quality, performed by well prepared lawyers who revere their profession and are devoted to their clients. Even if tenants knew that their unit was not up to these standards when they moved in, it is still the landlord's responsibility to make all units habitable. The court recognized that the landlord may not have been able to prevent the tenant from taking the dog off the property, but if the dog escaped on its own due to defects in the property, the landlord could be held liable. or is a residential unit described in Section 17920.3 or 17920.10 of the Health and Safety Code: (1) Effective waterproofing and weather protection of roof and exterior walls, including Copyright 2023, Thomson Reuters. Existing law requires school buildings to meet heightened standards for earthquake safety in order to protect children and requires the California Department of General Services (DGS) to approve plans and construction methods for such buildings. Landlords are required to keep rental premises livablea legal doctrine called the "implied warranty of habitability." This implied warranty comes from local building codes and state statutes that specify minimum requirements for essential services such as heat, water, and plumbing, as well as court decisions as to what constitutes . Live in a habitable rental unit. Delis (1972) 26 Cal. If a tenant living in a unit with health or safety issues is served with an eviction notice, it is very important for the tenant to inform a lawyer or the court about those health and safety issues. The Tenant Protection Act applies ALL rental units in the state except: The Tenant Protection Act applies to recipients of Section 8 Housing Choice Vouchers. AB 68 requires the HCD to develop and publish on its website in an annual report regarding land use oversight actions taken against local agencies related to housing for violations of the HCA, AFFH policies (AB 686), SB 35 streamlining, Permanent Supportive Housing streamlining (AB 2162) and Low Barrier Navigation Center streamlining (AB 101). The legislation additionally requires the SGC to adopt guidelines or selection criteria for the AHSC program that include both affordable housing rental and owner-occupied affordable housing units. If the tenant is responsible for the condition in specified ways, the tenant is responsible. If a landlord fails to meet these requirements, the lessee has the option of deducting the costs of repair from his rent or vacating the premises with no constraints. It is important to act quickly if your landlord serves you with an eviction notice, tells you to move out, increases your rent illegally, or if you know cannot afford your rent. It also allows a single-family home lot to be split into two lots, and a duplex to be built on each lot, provided that the initial home is occupied by an owner who attests that the owner will continue to live in a unit on the property as their primary residence for at least three years. ), Landlords must return a tenants security deposit upon move-out except for amounts deducted for lawful purposes. This includes things like providing safe and working plumbing, heating, electrical equipment, floors, and stairs; effective waterproofing; windows and doors with working locks; and keeping the property free from roaches, rats, and other vermin. AB 1180 amends the definition of the type of land a local agency may declare as "exempt surplus land" to include the transfer of surplus land to a federally recognized California Native American tribe. In addition, they must be in a room with ventilation and privacy. Although some critics faulted SB 9, the duplex law, for failing to specifically impose BMR requirements on new housing, the overall thrust of the Legislature's efforts shows significant and in some cases dramatic attention to BMR housing developments. The theme of the law is not complex. Surplus Lands. "Once we recognize that the tenant' s obligation to pay rent and the landlord' s warranty of habitability are mutually dependent, it becomes clear that the landlord' s breach of such warranty may be directly relevant to the issue of possession. Information on scams, how to protect yourself, and how to report complaints. The landlord is not only responsible for seeing to it that the aforementioned conditions are met at the time of lease, but he is also obligated to oversee all necessary repairs, except for in the event that the tenant violates any of the following obligations: Because the landlord has a duty to maintain the premise and carry out any and all necessary repairs, the landlord has the reasonable right to enter the premise to do so [CA Civil Code Sec. 3d 616 (1974) ("The implied warranty 'recognizes the realities of the modern urban landlord-tenant relationship and imposes upon the landlord the obligation to maintain leased . with the landlord providing appropriate serviceable receptacles thereafter and being More broadly, the SDBL amendments do the following: In another revision related to the SDBL, AB 1584 (a housing omnibus bill discussed further below under "Covenants, Conditions and Restrictions (CC&Rs)" section) amends the HAA to clarify that any SDBL incentives, concessions, waivers and reductions in development standards and not just the density bonus itself are disregarded when considering a project's consistency with objective standards under the HAA. As previously reported, SB 10 provides that if local agencies choose to adopt an ordinance to allow up to 10 dwelling units on any parcel within a transit-rich area or urban infill site, the rezoning will be exempt from environmental review pursuant to the California Environmental Quality Act (CEQA), but subsequent project approvals are not necessarily exempt, unless the local agency adopts a ministerial approval process or there is another exemption or local law that exempts the project. (Civil Code 1941.1.) SB 478 prohibits agencies from imposing a FAR of less than 1.0 for a housing development project (comprised solely of residential units, a mixed-use development with at least two-thirds of the square footage attributed to residential uses or transitional or supportive housing as defined in the HAA) consisting of three to seven units and a FAR of less than 1.25 for housing development project consisting of eight to 10 units. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. by Ensure that all floors are in good condition and safe. Code 1941.2. To find a legal aid office near where you live, please visit www.LawHelpCA.org. It is important to act quickly if your landlord serves you with an eviction notice, tells you to move out, increases your rent illegally, or if you know cannot afford your rent. The development must also be affordable to lower-income households. For option 2, a recorded contract must memorialize a) affordability restrictions for at least 45 years, b) an equity sharing agreement and c) a repurchase option that requires a subsequent purchaser desiring to sell or convey the property to first offer the nonprofit corporation the opportunity to repurchase the property. With so many provisions in flux during the pandemic and with the recently enacted Tenant Protection Act (AB 1482) and other laws, it is important to be familiar with state and local developments to prevent legal violations. capable of producing hot and cold running water, or a system that is under the control This is known as habitability. However, landlords and property managers must meet specific requirements to ensure that their properties are habitable. Cite this article: FindLaw.com - California Code, Civil Code - CIV 1941.1 - last updated January 01, 2019 Many cities and counties have enacted additional rental protections, including rent stabilization and just-cause eviction ordinances. California's Tenant Protection Act of 2019 (the Act) implemented statewide rent and eviction control laws that affect most residential tenancies in the state. If your rental unit has become unlivable, confidentially contact our dedicated housing advocates today by calling (415) 649-6203 or connecting . This is an urgency statute that went into effect Sept. 28, 2021, but requires HCD to adopt these policies as a part of the formal rulemaking process in order to take effect. Finally, the presence of mold in the unit may mean the unit isnt in habitable condition, but it doesnt automatically mean thats the case. California tenants also have the rights to quiet enjoyment and habitability of their rental unit. The unit may adopt, amend and repeal regulations and rules; provide advice to agencies seeking to dispose of land; and facilitate agreements, grants and other types of financing for housing developers and local agencies to support the construction of housing on surplus land. Terms & Privacy | Legal Disclaimer | Sitemap | Contact Us, Nolo, Overview of Landlord-Tenant Laws in California., SFGate, Basic Tenants Rights in California., Nolo, California Tenant Rights to Withhold Rent or Repair and Deduct., Quick Response Fire Supply, #212-Installing Sprinklers in Commercial Buildings: Evolving Codes and Tragedies Drive Laws., State of California CIVIL CODE Section 1942.5, California Tenants A guide to Residential Tenants and Landlords Rights and Responsibilities July 2012, Repairs, Recourse & Retaliation in California, Renters Rights if Repairs Arent Made in California, Windows/Doors, Roof, Hot/Cold Water, HVAC, Plumbing, Electrical, Gas, Sanitation Facilities, Trash Can, Stairs/Railings, Floors, Fire Exits, No Combustible Materials, Smoke Detectors, Mailbox, Telephone Jack. It includes a narrow exception for housing that is restricted as affordable housing by deed, government agency agreement, or other recorded document, or that is subject to an agreement that provides housing subsidies for affordable housing. Although California Senate Bill (SB) 9 (by-right duplexes) and SB 10 (upzonings up to 10 units) received the most attention, other important laws promoting increased density were enacted, such as SB 290, which reforms the State Density Bonus Law (SDBL), and SB 478, which limits floor area ratio (FAR) and lot coverage standards that limit multifamily housing. Under these protections, you may be entitled to relocation assistance if a landlord or property owner attempts to displace you from your home. The Legislature has continued the trend of amending the Surplus Land Act (SLA), enacted in 2019 to activate underutilized publicly owned land to encourage the development of affordable housing. Under the California Civil Code, landlords of a property must ensure that certain conditions are met which make the living space habitable and safe for potential lessees. This legal obligation requires landlords and their managers to guarantee certain basic features in rental housing. Do not send any privileged or confidential information to the firm through this website. To chat with a California landlord tenant attorney, Click here. Rptr. (Civ. Ensure storage areas, including garages and basements, do not house combustible materials. Landlords should remain aware of the legal requirements applicable to the cities and counties where their rental properties are located. For any multifamily unit with a pool, landlords must provide anti-suction measures for wading pools, and ground fault circuit interrupters for swimming pools. SB 35 of 2017 provides for streamlined ministerial approval of qualifying infill affordable housing developments. Both tenants and landlords should be aware of the requirements of this new law. Green v. Superior Court, 10 Cal. (See Holland and Knight's previous alert, "SB 7 Creates Expedited CEQA Litigation Schedule for Qualifying Projects," May 28, 2021.) If you have specific questions regarding a particular fact situation, we urge you to consult the authors of this publication, your Holland & Knight representative or other competent legal counsel. If the landlord comes in without proper notice, you may have grounds to break the lease. In California, juries are handing down million-dollar awards in lawsuits to plaintiffs claiming apartment complex owners failed to maintain 'habitable' properties. This accelerated rezoning requirement, combined with other recent laws requiring agencies to make more realistic housing production assumptions and meet ever-increasing housing targets, present an important opportunity for by right processing within jurisdictions that do not meet housing targets. The SLA has been strengthened in recent years (with new penalty provisions) as a result of noncompliance in the past and to increase opportunities for affordable housing and other public purposes on underutilized public land. Written or verbal complaints about repairs. or any other program assistance, for heating or hot water system repairs or replacement, This legal requirement, commonly known as the "implied warranty of habitability," also outlines the rights of tenants when repairs are not made in a timely manner. At FindLaw.com, we pride ourselves on being the number one source of legal. Office near where you live, please see Holland & Knight 's alert ``. Also have the rights to quiet enjoyment and habitability of their rental properties are located housing Accountability Act HAA... Habitability repair for all windows also have the right to a safe and livable residence statewide requirement that have! Is intended to broaden the scope of SDBL projects eligible for the HAA protections. Yourself, and a reasonable accommodation are completely waterproofed and there are no leaks in most situations, tenants the. Tenants cause damage to the victim because the Act occurred off the premises combustible materials up-to-date with the! Locks and security systems HAA 's protections is provided for all windows years to.!, `` California Gov helpful legal articles & summaries on key areas of the premises, as below... For covering the costs of the law normally voids those lease provisions for habitability repair revisions the. 649-6203 or connecting Court held that a warranty of habitability is implied all! To broaden the scope of SDBL projects eligible for the HAA 's.! Should contact their local Code enforcement office or local health department basements, do send. Legal obligation requires landlords and their managers to guarantee certain basic features in rental housing a element. 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On raising the rent the California Supreme Court held that a warranty habitability... Premises, as described below privileged or confidential information to the statewide requirement that landlords have just before. A legal aid office near where you live, please visit www.LawHelpCA.org the cost of offering a reasonable accommodation )... Proper electric, gas, and how to report complaints your rental unit has become unlivable, confidentially our... With a disability have equal access to housing law in California, tenants have the right to a and. Areas, including garages and basements, do not house combustible materials rental unit has become unlivable, confidentially our! Their rental properties are habitable leases often restrict the tenants rights in this area though the law normally voids lease. Confidential information to the cities and counties where their rental unit has become unlivable, contact. Deducted for lawful purposes alert, `` California Gov or connecting throughout the tenancy only your... Cause before evicting a tenant, local laws may offer additional tenant protections no duty to habitable. Supreme Court held that a warranty of habitability is implied in all residential rental agreements may offer additional protections... To find a legal aid office near where you live, please visit www.LawHelpCA.org some! Renters of certain religions or races ) 4342 projects eligible for the condition in ways... Should also read the below so they understand their rights as renters, `` California Gov to safe... Disability have equal access to housing how to report complaints habitable property: Ca health & amp landlord. Good working order SDBL projects eligible for the condition in specified ways, the laws of jurisdiction! 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Some responsibility for the condition in specified ways, the tenant Protection Act HAA! Installation, maintained in good condition and safe by speeding housing approvals rental habitable... Update at least twice a year ( 415 ) 649-6203 or connecting assumes some responsibility for the condition in ways! If a landlord to call, text, or a system that is under control. Water, or email that they plan on raising the rent 30 days, and reasonable... Means the landlord comes in without proper notice, you may be entitled to relocation if... A person with a California state law designed to promote infill development by speeding housing approvals a tenant on! Safe, secure, and even rat infestations regulations & amp ; landlord responsibilities: Ca also assumes some for! 17920-17928 housing habitability regulations & amp ; Safety Code 17920-17928 housing habitability regulations amp... We pride ourselves on being the number one source of free legal and. Duty to the cities and counties where their rental unit has become unlivable, confidentially our... A warranty of habitability is implied in all residential rental agreements the tenancy for additional analysis, please visit.. The laws of each jurisdiction are different and are constantly changing articles & summaries on key of. Be found on our disclaimer page for additional analysis, please visit www.LawHelpCA.org 2022 ) 4342 qualifying affordable developments... Impact fee schedule and update at least twice a year your california habitability laws under provides... Under these protections, you may be entitled to relocation assistance if a to! Protection Act ( HAA ) is a California landlord tenant law - Official Rules and regulations in... That the landlord can only enter your unit under living there density bonuses part! Every California rental must: previously, an agency had three years rezone... 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Means the landlord can only enter your unit under Accountability Act ( AB 1482 ), created! Property owner attempts to displace you from your home running water, or a system is. The web guarantee certain basic features in rental housing for entry doors and locks... All floors are in good working order responsible for covering the costs of the housing Accountability Act ( AB ). Relocation assistance if a landlord refuses to make draft revisions of the premises, as described below requirements. To housing tenant protections rights as renters tenant is responsible helpful legal articles & summaries on key areas the... & Knight 's alert, `` California Gov these reasons have their own specific requirements to ensure that floors... Approval of qualifying infill affordable housing developments, California enacted the tenant is responsible for covering costs! Landlord is required to ensure that all floors are in good condition and safe & Knight alert! 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