BILL NUMBER: SB 337	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 16, 2011
	AMENDED IN SENATE  MAY 25, 2011
	AMENDED IN SENATE  APRIL 12, 2011
	AMENDED IN SENATE  MARCH 24, 2011

INTRODUCED BY   Senator Kehoe

                        FEBRUARY 15, 2011

   An act to add Section 1940.4 to the Civil Code, relating to
tenancy.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 337, as amended, Kehoe. Tenancy:  noncommercial
  political  signs.
   Existing law regulates the terms and conditions of residential
tenancies  , and prohibits a landlord from interfering with a
tenant's quiet enjoyment of the premises  . Existing law 
also  prohibits the governing documents of a common interest
development from prohibiting the posting or displaying of
noncommercial signs, posters, flags, or banners on or in an owner's
separate interest, except as specified.
   This bill would prohibit a landlord from prohibiting a tenant from
posting or displaying political signs  relating to an election
or legislative vote, the initiative, referendum, or recall process,
or issues before a public body for a vote  , except under
certain circumstances.  The bill would require a tenant to comply
with the time period established by the local ordinance for the
posting and removal of political signs or, in the absence of those
provisions, by reasonable time limits, as specified, established by
the landlord. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 1940.4 is added to the Civil Code, to read:
   1940.4.  (a) Except as provided in subdivision  (b)
  (c)  , a landlord shall not prohibit a tenant
from posting or displaying  political signs on or within any
portion of the tenant's dwelling unit. 
    (b)     A landlord may
prohibit a tenant from posting or displaying political signs in any
the following circumstances: 
    (1) The posting or display would violate a local, state,
or federal law. 
    (2) The posting or display would violate a provision in
the governing document of a common interest development that
satisfies the requirements in Section 1353.6. 
    (3) The posting or display would violate a provision in
the covenants, conditions, and restrictions recorded against the
property. 
    (4) The sign is more than nine square feet in size.

    (c) For purposes of this section, "political signs"
includes signs relating to an election or legislative vote, including
an election for a candidate for public office or the initiative,
referendum, or recall process.   political signs
relating to any of the following:  
   (1) An election or legislative vote, including an election of a
candidate to public office.  
   (2) The initiative, referendum, or recall process.  
   (3) Issues that are before a public commission, public board, or
elected local body for a vote.  
   (b) Political signs may be posted or displayed in the window or on
the door of the premises leased by the tenant in a multifamily
dwelling, or from the yard, window, door, balcony, or outside wall of
the premises leased by a tenant of a single-family dwelling. 

   (c) A landlord may prohibit a tenant from posting or displaying
political signs in the following circumstances:  
   (1) The political sign is more than six square feet in size. 

   (2) The posting or displaying would violate a local, state, or
federal law.  
   (3) The posting or displaying would violate a lawful provision in
a common interest development governing a document that satisfies the
criteria of Section 1353.6.  
   (d) A tenant shall post and remove political signs in compliance
with the time limits set by the ordinance for the jurisdiction where
the premises are located. If no local ordinance exists or if the
local ordinance does not include a time limit for posting and
removing political signs on private property, the landlord may
establish a reasonable time period for the posting and removal of
political signs. A reasonable time period for this purpose shall
begin at least 90 days prior to the date of the election or vote to
which the sign relates and end 15 days following the date of the
election or vote. 
  SEC. 2.  It is the intent of the Legislature that the enactment of
this bill shall not diminish or affect in any way other forms of
noncommercial expression by a tenant when that expression is not
associated with political signs.
                         ____ CORRECTIONS  Text--Page 2.
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