BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1800|
|Office of Senate Floor Analyses | |
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THIRD READING
Bill No: AB 1800
Author: Ma (D) & Hagman (R)
Amended: 7/15/10 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 6/29/10
AYES: Leno, Cogdill, Cedillo, Hancock, Huff, Steinberg,
Wright
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 73-1, 4/22/10 - See last page for vote
SUBJECT : Renting residence to another without consent of
the owner
SOURCE : California State Sheriffs Association
DIGEST : This bill: (1) increases the penalty from a
misdemeanor with a maximum jail term of six months and a
maximum fine of $1,000, to a maximum of one year and jail
and a fine of up to $2,500, for purporting to rent a
residential dwelling to another person under circumstances
where the defendant did not have the consent of the owner
or the owner's agent; (2) states that prosecution for this
act can proceed under any other applicable provision; and
(3) states findings that such prosecutions have never been
prohibited.
ANALYSIS : Existing law provides that any person who,
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without the owner's or owner's agent's consent, claims
ownership or claims or takes possession of a residential
dwelling for the purpose of renting that dwelling to
another is guilty of a misdemeanor punishable by
imprisonment in a county jail not exceeding six months, or
by a fine not exceeding $1,000, or by both such
imprisonment and fine. Each violation is a separate
offense. (Penal Code Section 602.9, subd. (a).)
Existing law states that any person who, without the
owner's or owner's agent's consent, causes another person
to enter or remain in any residential dwelling for the
purpose of renting that dwelling to another, is guilty of a
misdemeanor punishable by imprisonment in a county jail not
exceeding six months, or by a fine not exceeding $1,000, or
by both such imprisonment and fine. Each violation is a
separate offense. (Penal Code Section 602.9, subd. (b).)
Existing law defines "grand theft" as any theft where the
money, labor, or real or personal property taken is of a
value exceeding $400, except as specified. (Penal Code
Section 487, subd. (a).)
Existing law generally defines "trespass" as entering any
lands, whether unenclosed or enclosed by fence, for the
purpose of injuring any property or property rights or with
the intention of interfering with, obstructing, or injuring
any lawful business or occupation carried on by the owner
of the land, the owner's agent or by the person in lawful
possession. (Penal Code Section 602, subd. (k).)
This bill increases the misdemeanor penalty for unlawful
rental of a residential dwelling under claim of ownership
or authority, from a misdemeanor punishable by six months
in the county jail, a fine of up to $1,000, or both such
imprisonment, to a maximum jail term of one year, a fine of
up to $2,500, or both.
This bill states that a person subject to prosecution under
this bill can be prosecuted under any other provision of
law.
This bill states legislative "intent" that prosecution for
fraudulent leasing of a residence, as defined in the
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statute amended by this bill, preclude the prosecution of a
person on grand theft or fraud charges. The Legislature
funds that this section has never precluded prosecution of
a person on grand theft or fraud charges.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/4/10)
California State Sheriffs' Association (source)
Apartment Association, California Southern Cities
Association for Los Angeles Deputy Sheriffs
California Apartment Association
California Association of Realtors
California Correctional Supervisors Organization
California District Attorneys Association
California Peace Officers Association
California Police Chiefs Association
California Rural Legal Assistance
City of Berkeley Rent Stabilization Board
Crime Victims United
Los Angeles Police Protective League
Sheriff of the County of Alameda
Sheriff of the County of El Dorado
Sheriff of the County of Glenn
Sheriff of the County of Kern
Sheriff of the County of Los Angeles
Sheriff of the County of Marin
Sheriff of the County of Mariposa
Sheriff of the County of Mono
Sheriff of the County of Orange
Sheriff of the County of Riverside
Sheriff of the County of San Bernandino
Sheriff of the County of Santa Barbara
Sheriff of the County of Santa Clara
Sheriff of the County of Santa Cruz
Sheriff of the County of Shasta
Sheriff of the County of Stanislaus
Sheriff of the County of Yolo
Western Center on Law and Poverty
OPPOSITION : (Verified 8/4/10)
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Legal Services for Prisoners with Children
ARGUMENTS IN SUPPORT : According to the author's office
states, "As the State grapples with record foreclosures,
more and more families are struggling to keep a roof over
their heads. As more families look at rental options, a
wake of housing-related crimes has erupted throughout
California. Scam artists, hoping to prey on potential
renters, pose as landlords or as owners of a property, and
post attractive rental listings of abandoned homes on the
internet. An unsuspecting renter meets with the imposter,
is handed keys, and is asked to pay large cash deposit,
completely unaware that he or she is about to become a
victim of real estate fraud. Bank agents, realtors, or the
true property owner later arrive at the residence, and the
renter is forced to leave the property, losing possibly
thousands of dollars of savings, and left with nowhere else
to live.
"Under current law, individuals posing as landlords are
subject to a fine of no more than $1000, a jail term of up
to 6 months of jail. Under Penal Code 602.9, a thief could
walk away with a slap on the wrist, and leave a family
homeless. With the State's record foreclosures and
economic downturn, more and more scammers are taking
advantage of innocent people during these difficult times.
AB 1800 will simply enhance the current misdemeanor
penalties for the crime of posing as a landlord."
ASSEMBLY FLOOR :
AYES: Adams, Anderson, Arambula, Bass, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Bradford,
Brownley, Buchanan, Charles Calderon, Carter, Chesbro,
Conway, Cook, Coto, Davis, De La Torre, De Leon, DeVore,
Emmerson, Eng, Evans, Feuer, Fletcher, Fong, Fuentes,
Fuller, Furutani, Gaines, Galgiani, Garrick, Gilmore,
Hagman, Hall, Harkey, Hayashi, Hernandez, Hill, Jeffries,
Jones, Knight, Lieu, Logue, Bonnie Lowenthal, Ma,
Mendoza, Miller, Monning, Nava, Nestande, Niello,
Nielsen, V. Manuel Perez, Portantino, Ruskin, Salas,
Saldana, Silva, Skinner, Smyth, Solorio, Audra
Strickland, Swanson, Torlakson, Torres, Torrico, Tran,
Villines, Yamada, John A. Perez
NOES: Ammiano
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NO VOTE RECORDED: Blumenfield, Caballero, Huber, Huffman,
Norby, Vacancy
RJG:do 8/4/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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