BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 120| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: SB 120 Author: Lowenthal (D) Amended: As introduced Vote: 21 SENATE JUDICIARY COMMITTEE : 3-2, 3/31/09 AYES: Corbett, Florez, Leno NOES: Harman, Walters SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 SUBJECT : Residential tenancies SOURCE : Western Center on Law and Poverty DIGEST : This bill extends certain tenant protections to apply after a foreclosure sale. For example, existing law prohibits a landlord, with the intent to terminate the tenancy, from interrupting or terminating a tenant's utility service, changing the locks, or removing a tenant's personal property from the premises. This bill includes a successor in interest who acquired the property through foreclosure in the definition of "landlord" subject to these prohibitions. This bill provides that provisions of existing law regarding the collection and return of security deposits apply whether the termination of the landlord's interest was voluntary or involuntary and in the case of a trustee's sale. This bill extends current law's protections requiring utilities, public utilities, and districts to notify tenants of multifamily dwellings of an CONTINUED SB 120 Page 2 impending shut-off of utility service to also include tenants living in single-family homes. This bill also strengthens current law by requiring that the notice be mailed (existing law requires only posting) and that the notice be provided in English, Spanish, Chinese, Tagalog, Vietnamese, and Korean. ANALYSIS : Existing law prohibits a landlord, with intent to terminate the tenancy, from willfully causing the interruption or termination of any utility service provided to a tenant, whether or not the service is under the control of the landlord. Existing law prohibits a landlord from willfully engaging in the following acts with intent to terminate a tenancy: 1.Preventing a tenant from gaining reasonable access to the property by changing the locks; 2.Removing outside doors or windows; or 3.Removing from the premises the tenant's personal property, furnishings, or any other items without the prior written consent of the tenant, except as specified. Existing law provides that a landlord who violates the above-described provisions shall be liable to the tenant for actual damages and other damages, as specified. This bill defines "landlord" and "tenant" for purposes of these provisions to mean the following: 1."Landlord" would include a fee simple owner or owners of the property and any successor or successor in interest to the landlord's interest in the property, including interests acquired through foreclosure; and 2."Tenant" would include a tenant occupying the property pursuant to a fixed-term tenancy, periodic tenancy, tenancy at will, and a tenancy at sufferance. The term would also include a subtenant, a lawful occupant, and any of the above persons who occupied the property immediately prior to the owner's acquisition of the property. Existing law governs the collection and return of security SB 120 Page 3 deposits including that upon termination of a landlord's interest in the premises, whether by sale, assignment, death, appointment of a receiver or otherwise, the landlord shall either transfer the remaining portion of the tenant's security deposit, after lawful deductions are made, to the landlord's successor in interest or return the remaining portion, after lawful deductions, to the tenant along with an accounting. This bill revises these provisions to specify that they apply: (a) whether the termination of the landlord's interest was voluntary or involuntary; and (b) in the case of a trustee's sale. This bill also provides that "successor in interest" for purposes of existing law regarding the collection and return of security deposits includes a fee simple owner or owners of the property and any successor or successor in interest to the landlord's interest in the property, including interests acquired through foreclosure. If a successor in interest has acquired the property through foreclosure, this bill creates a rebuttable presumption that the amount of the deposit is equal to one month's rent. Existing law requires an owner of a dwelling structure to give notice in a rental agreement of specified information, including the name, phone number, and address of the property manager and the owner and the contact information for the person to whom rent payments are to be made. Existing law provides that these provisions may be extended to, and are enforceable against, any successor owner. This bill provides that, for purposes of these provisions, "successor owner" includes all successor owners, including a fee simple owner or owners of the property and any successor or successor in interest to the landlord's interest in the property, including interests acquired through foreclosure. This bill would provide that a successor owner whose interest was acquired through foreclosure does not need to comply with these provisions if the owner serves a notice to quit, as specified, within 15 days of acquiring the property. Existing law provides that whenever an electrical, gas, heat, or water corporation provides residential service to occupants through a master meter in a multiunit residential SB 120 Page 4 structure where the owner, manager, or operator is listed as the customer of record, the corporation must make every good faith effort to inform the occupants, by means of a written notice posted on the door of each residential unit at least 15 days prior to termination, when the account is in arrears, that service will be terminated on a date specified in the notice. Existing law provides that if it is not reasonable or practicable to post the notice on the door of each residential unit, the corporation must post two copies of the notice in each accessible common area and at each point of access. Existing law specifies procedures and the right of tenants in multifamily units to begin utility service and permits them to deduct payments from the rent in these cases. Existing law provides similar provisions for public utilities and districts. This bill extends existing law which allows tenants in multifamily units to deduct utility payments from their rent to also include tenants in single-family dwellings when they have made a payment to a utility or district pursuant to existing law described above. This bill extends these provisions to tenants living in single-family homes and condominiums. This bill would revise these provisions to also require the corporation, utility, or district to mail the notice to all affected service addresses known to it or available through reasonable and practical methods, unless the service address is the same as the billing address. This bill requires that the notice be in English, Spanish, Chinese, Tagalog, Vietnamese, and Korean (English plus the five languages described in Civil Code Section 1632), and that the outside of the envelope of the mailed notice state "Utility service to this address may be cut off soon" in those six languages. Existing law provides that whenever an electrical, gas, heat, or water corporation provides individually metered residential service to occupants in a multiunit residential structure where the owner, manager, or operator is listed as the customer of record, the corporation must make every good faith effort to inform the occupants, by means of a SB 120 Page 5 notice, when the account is in arrears, that service will be terminated at least 10 days prior to termination. Existing law provides similar provisions for public utilities and districts. This bill repeals these provisions. Prior Legislation AB 2586 (Torrico, 2008), would have enacted a substantially similar set of tenant protections. This bill was vetoed. AB 1333 (Hancock, 2008), would have provided that the legal owner of real property must pay the utilities provided to a property or its tenants following a foreclosure under specified circumstances. This bill was vetoed. SB 1137 (Perata, Corbett, Machado), Chapter 69, Statutes of 2008, provided, among other things, that tenants of foreclosed properties receive notice that their home is in foreclosure, and receive a 60-day notice to quit, as specified. Veto of AB 2586 The Governor's veto message for AB 2586 (Torrico, 2008), identical to this bill, stated: I believe this bill is inequitable and fundamentally changes existing provisions in law because it would sign liability to the successor in interest for money never received and for actions not under its control. New owners who acquire property through foreclosure, who never signed an agreement with the tenant, should not be required to take over the legal obligations of the previous owner, including an obligation to return security deposits. As a result, this bill may increase costs and discourage purchases of foreclosed properties, and thus delay economic recovery in California. Additionally this year, I have signed several other measures to strengthen tenant notifications and rights during foreclosure proceedings, including SB 1137, SB 120 Page 6 which, among other things, doubled the amount of time that tenants have to find a new home before they must vacate foreclosed property. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes SUPPORT : (Verified 4/14/09) Western Center on Law and Poverty (source) Asian Americans for Civil Rights & Equality California Alliance for Retired Americans California Rural Legal Assistance Foundation FamiliesFirst StoneSoup Tenants Together OPPOSITION : (Verified 4/14/09) California Bankers Association California Financial Services Association ARGUMENTS IN SUPPORT : According to the author's office, "SB 120 addresses an often overlooked aspect of the current mortgage crisis: an increase in the number of innocent renters who face eviction or other adverse effects as a result of foreclosure on a rented property." Western Center on Law and Poverty asserts that sometimes landlords of distressed properties are unable to pay utility bills and shut-offs may occur. Existing law requires utilities, public utilities, and districts to notify residents of multifamily dwellings of an impending shut-off when the owner's account is in arrears and service is scheduled to be terminated. Current law also allows these tenants to begin service in their own names and deduct payments from the rent. This bill extends these protections to tenants living in single-family homes and condominiums, and would enhance the notice so that it is also mailed (existing law requires only posting) and is provided in English, Spanish, Chinese, Tagalog, Vietnamese, and Korean. The sponsor contends that those "modest requirements are calculated to give the greatest number of tenants actual notice [and are] appropriate given the SB 120 Page 7 drastic deleterious effect of a utility termination of a family's health and safety." ARGUMENTS IN OPPOSITION : The California Bankers Association and California Financial Services Association contend that the former landlord would be unlikely to transfer the remaining security deposit to the successor in interest, thus "requir[ing] the successor in interest to return the security deposit even if they have not received those funds from the landlord thereby exposing the new successor in interest to new financial and legal burdens." They express further concern that "existing law would then expose the successor in interest to joint and several liability with the landlord for non-compliance in the repayment of the security deposit." RJG:nl 4/14/09 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****