BILL NUMBER: AB 2867	CHAPTERED  09/30/04

	CHAPTER  950
	FILED WITH SECRETARY OF STATE  SEPTEMBER 30, 2004
	APPROVED BY GOVERNOR  SEPTEMBER 29, 2004
	PASSED THE ASSEMBLY  AUGUST 26, 2004
	PASSED THE SENATE  AUGUST 16, 2004
	AMENDED IN SENATE  AUGUST 9, 2004
	AMENDED IN SENATE  JUNE 29, 2004
	AMENDED IN ASSEMBLY  MAY 20, 2004
	AMENDED IN ASSEMBLY  APRIL 27, 2004

INTRODUCED BY   Assembly Member Nunez

                        FEBRUARY 20, 2004

   An act to amend Section 1940.1 of the Civil Code, relating to
tenancy.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2867, Nunez.  Tenancy:  residential hotels.
   Existing law prohibits a person from requiring an occupant of a
residential hotel, as defined, to move, or to check out and
reregister, before the end of 30 days occupancy for the purpose of
avoiding application of laws related to the hiring of real property.

   This bill would provide that evidence that an occupant of a
residential hotel, as defined, was required to check out and
reregister creates a rebuttable presumption, solely affecting the
burden of producing evidence, of the purpose of having an occupant
maintain transient status, as specified.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1940.1 of the Civil Code is amended to read:
   1940.1.  (a) No person may require an occupant of a residential
hotel, as defined in Section 50519 of the Health and Safety Code, to
move, or to check out and reregister, before the expiration of 30
days occupancy if a purpose is to have that occupant maintain
transient occupancy status pursuant to paragraph (1) of subdivision
(b) of Section 1940.  Evidence that an occupant was required to check
out and reregister shall create a rebuttable presumption, which
shall affect solely the burden of producing evidence, of the purpose
referred to in this subdivision.
   (b) In addition to any remedies provided by local ordinance, any
violation of subdivision (a) is punishable by a civil penalty of five
hundred dollars ($500).  In any action brought pursuant to this
section, the prevailing party shall be entitled to reasonable
attorney's fees.
   (c) Nothing in this section shall prevent a local governing body
from establishing inspection authority or reporting or recordkeeping
requirements to ensure compliance with this section.