sacramento report

By Monica Williamson

The California Legislature is currently moving hundreds of bills through
its committee process. Here’s an overview of those bills that have made CAA’s
priority list.

Water Billing: SB 1518
CAA Position: Support/Sponsor
Status: Set for Hearing in Senate
The bill, sponsored by CAA and Senator Lou Correa (D-Anaheim), would authorize rental property owners to charge tenants separately for the costs of water service as determined by a prescribed allocation formula. This bill would also require the installation of meters or submeters on each new rental unit for which a construction permit has been issued on or after January 1, 2012.

Tobacco Smoke: SB 1598
CAA Position: Support/Sponsor
Status: Senate Rules Committee
As introduced, this bill (Padilla, D-Los Angeles) provides legislative findings and declarations regarding the dangers of secondhand smoke. As proposed to be amended, the bill will clarify that landlords are permitted—but not mandated—to establish some residential rental units or an entire residential rental property tobacco-smoke free. It will also allow a rental property owner to serve a tenant who violates a smoke-free policy with a notice to terminate the tenancy.

Domestic Violence: AB 2052
CAA Position: Support If Amended
Status: Passed Assembly Judiciary Committee
As originally introduced, this bill (Lieu, D-Torrence) would have allowed a tenant or household member who has been a victim of domestic violence to terminate a rental agreement and be discharged from payment of rent upon presentation of a valid protective order issued by a court or written proof provided by a “qualified third party.”

A qualified third party was broadly defined to include law enforcement, any employee of an organization that provides social or legal services to victims of domestic violence, any licensed health care practitioner, and any member of the clergy. CAA sought amendments to the bill to narrow this definition, and as a result, the bill now requires a protective order from a court, or a police report to be issued and presented to the property owner, before termination of the lease may be initiated by a tenant. 

Also as introduced, the bill would have allowed a tenant who prematurely terminates a rental agreement as a result of a domestic violence incident to obtain the security deposit, less any allowable deductions. CAA successfully sought amendments to the bill to remove the security deposit requirement.

Ellis Act: SB 1299
CAA Position: Oppose
Status: Not Set for Hearing
SB 1299 (Migden, D-San Francisco) would amend the state’s Ellis Act law to allow a local ordinance to require that a property owner who demolishes a rent controlled unit replace it with another rent controlled unit either on site or at another location in the community. The purpose of the bill is to ensure no net loss of rent controlled units. The effect would be to make it prohibitively expensive for owners to get out of the rental business, and it would completely gut the protections that state law offers to owners in rent controlled communities.

Carbon Monoxide: SB 1386
CAA Position: Work with Author
Status: Passed Senate Transportation & Housing Committee
SB 1386 (Lowenthal, D-Long Beach) would require the State Fire Marshal to approve carbon monoxide alarms for use in dwelling units and require that these alarms be installed in a dwelling unit that has fossil-fuel burning appliances or fireplaces, or those with an attached garage.

Foreclosures: AB 2450
CAA Position: Support If Amended
Status: Not Set for Hearing
This bill (Davis, D-Los Angeles) would state the intent of the Legislature to enact legislation that would require a landlord who acquires title to residential rental property through foreclosure to provide 90 days’ notice to a tenant before the tenant may be removed.  The language is similar to federal legislation pending before Congress.

Foreclosures: AB 2586
CAA Position: Support If Amended
Status: Passed Assembly Judiciary Committee
This is a comprehensive bill (Torrico, D-Fremont) that attempts to address the foreclosure process as it relates to tenants. Among other things, it would define a landlord and a tenant for the purposes of the provisions governing tenancies to specifically include an interest acquired pursuant to provisions governing mortgage defaults; the intent is to label a bank or future property owner (successors in interest) as landlords without reference to the lease if a tenant occupies the property, and thereby bring them under the law relative to terminating a tenancy and returning a security deposit.

The bill also requires a foreclosing entity to notify a tenant or occupant of 1-4-unit rental properties of a possible foreclosure sale and requires 60 days’ notice to terminate a tenancy after foreclosure.

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The opinions expressed in this article are those of the authors and do not necessarily reflect the viewpoint of SFAA or SF Apartment Magazine. Monica Williamson is CAA’s vice president of public affairs. Copyright © 2008 by SF Apartment Magazine. All rights reserved.