sacramento report
Ticket to Ride
by Debra Carlton
At the time of this writing, the deadline for the introduction of new legislation has come and gone. Lawmakers introduced nearly 3,000 bills, with many intended to impact the rental housing industry. Here’s a look at the first of many bills identified by CAA.
Unlawful Rental: AB 1800 (Ma – San Francisco)
CAA Position: Support
This bill will enhance penalties against criminals who pose as owners of residential property by imposing a crime of “grand theft,” which is punishable by imprisonment in the state prison.
Unlawful Detainer: AB 1838 (Berryhill – Stockton)
CAA Position: Support
As supported by CAA in the past, this bill adds another county—the County of San Joaquin—to the list of communities that may utilize the “creative” procedures under the law that allow a district attorney to file an unlawful detainer action against an individual accused of the sale or use of illegal drugs or the possession of illegal weapons. Current law gives authority to the counties of Los Angeles, Alameda, and Sacramento, and the cities of Oakland, San Diego, and Sacramento to perform these evictions. CAA worked with previous authors to incorporate language (which is included herein) that requires the cities and counties to provide landlords with proof that the unlawful activity has taken place and gives owners the first opportunity to perform the eviction. The owner may perform the eviction or turn it over to the district attorney to perform the eviction.
Predatory Investment Practices: AB 2337 (Ammiano – San Francisco)
CAA Position: Oppose
This bill would prohibit the Public Employees’ Retirement System and the State Teachers’ Retirement System from investing public employee retirement funds in a company with business operations engaged in predatory investment practices that rely on, or result in, the displacement of persons residing in rent-regulated housing in order to generate profits for investors.
Applicant Information: AB 2727 (Bradford – Los Angeles)
CAA Position: Oppose
This bill would prohibit employers from denying employment to an applicant solely based on past convictions unless: there is a direct relationship between a criminal offense and the specific employment sought; or the relationship between the conviction and the employment being sought is such that the granting of employment would involve an unreasonable risk to property or to the safety and welfare of specific persons or the general public.
Parking Requirements: SB 518 (Lowenthal – Long Beach)
CAA Position: Support
This bill would eliminate or reduce “excessive” minimum parking requirements imposed by local governments and instead allow businesses, apartment owners and homebuilders to decide how much parking is needed at their properties. The intent is to reduce the cost of development and simultaneously attain environmental goals that encourage public transportation.
Expedited Permit Review: SB 959 (Ducheny – San Diego)
CAA Position: Support
This bill attempts to streamline and expedite the current application and permitting process for new development projects. It requires the Office of Planning and Research to develop a standardized, consolidated project information form for all new development projects and places specific timelines for approval.
Nontaxable Exchanges: AB 2640 (Arambula – Fresno)
CAA Position: Needs Amending
This bill would eliminate a company’s ability to use 1031 like-kind exchanges. 1031’s allow companies to sell an asset and defer realization of any gain (and the associated tax) when the proceeds of the sale are used to purchase an asset of a similar type.
The opinions expressed in this article are those of the author, and do not necessarily reflect the viewpoint of the SFAA or the SF Apartment Magazine. Debra Carlton is CAA’s senior vice president of public affairs. Copyright © 2010 by Black Point Press. All rights reserved.