The Sacramento Report
by Debra Carlton
Many people said it could not be done: the rental housing industry could not be mobilized en masse to meet with state lawmakers and their staff to stop pending legislation. The California Apartment Association (CAA) proved them wrong. On May 25, 2004, just over 750 members of the CAA gathered in Sacramento. They met with legislators to express their opposition to bills that would have a harmful impact on the industry if signed into law. The outcome was apparent and immediate. Three bills on the CAA’s priority list were stopped or amended after CAA members met with legislators. The following is a recap of the bills lobbied and the results.
AB 2583 (D-Lieber, Mountain View)—CAA Position: Oppose. This bill would have allowed existing tenants to refuse to provide information that is necessary for owners to manage their rental housing property efficiently and safely. On Thursday, May 27, Assemblymember Lieber presented the bill on the Assembly floor for a vote. After three unsuccessful attempts to gain enough votes to move it off the floor, the bill failed to pass, garnering the approval of only 27 members (35 members opposed and 18 abstained). The bill needed 41 votes to pass.
AB 2582 (D-Lieber, Mountain View)—CAA Position: Oppose. This bill also died on the Assembly floor on May 27. It would have required written notice by property owners to prospective tenants concerning the presence of hazardous substances; and it would also have given attorneys the right to sue a property owner and collect penalties if the owner allegedly failed to provide the type of notice that the attorneys claimed the bill required. Assemblymember Lieber did not exercise her right to request a vote on the bill after she was informed by her colleagues that the bill lacked the votes necessary to move it out of the Assembly.
SB 1145 (D-Burton, San Francisco)—CAA Position: Oppose Unless Amended. As initially introduced, this bill would have extended existing law that requires rental property owners to give long-term tenants a 60-day notice prior to terminating the tenancy. SB 1145 would have removed the law’s January 2006 sunset date, allowing the law to remain in place indefinitely. On June 7, Senator Burton offered amendments to remove the 60-day termination notice provisions from the bill. This means that the 60-day termination requirements will expire in January 2006 unless another legislative attempt is made and signed into law to make the requirement permanent.
At the same time, Senator Burton has agreed to amend the existing source-of-income definition in state law due to the fact that tenant organizations have argued that the definition requires rental property owners to participate in the federal Section 8 housing-choice voucher program. Current state law prohibits rental property owners from refusing to rent to anyone based on his or her source of income, which is defined in the law as “lawful, verifiable income paid directly to a tenant or paid to a representative of a tenant.” Because Section 8 vouchers are paid directly to a rental property owner, this definition was never intended to impact the Section 8 program. At CAA’s request, the language will be clarified to specifically state that the owner is not a representative of the tenant.
The time spent by so many of our CAA members who came to Sacramento truly made a difference. Lawmakers listened to their concerns and voted accordingly. If you want to ensure that your voice is heard, you can start today by subscribing to our Legislative Briefing, CAA's weekly update. By reading through this weekly briefing, you will learn about pending legislation and meetings in Sacramento. This briefing also urges you to write or call legislators and express your opinion on bills. To add your name to CAA’s email or fax list, contact CAA's Legislative Department via email at rbicker@caanet.org, fax at 916-447-7903 or telephone at 916-447-7881 ext. 16. This publication is free to all CAA members.
The opinions expressed in this article are those of the author and do not necessarily reflect the viewpoint of the SFAA or the San Francisco Apartment Magazine. Debra Carlton is senior vice president of legislative affairs for the California Apartment Association and is CAA’s chief lobbyist. Copyright © 2004 by the San Francisco Apartment Magazine. All Rights Reserved.