BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                   SB 120|
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                                 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  
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          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  







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          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  







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          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  







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          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,  







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               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  







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          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

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