BILL NUMBER: SB 337	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 25, 2011
	AMENDED IN ASSEMBLY  JUNE 28, 2011
	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: 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 (c), a landlord
shall not prohibit a tenant from posting or displaying 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.  A tenant shall be solely responsible
for any violation of a local ordinance.  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 at least 15 days following the
date of the election or vote. 
   (e) Notwithstanding any other provision of law, any changes in the
terms of a tenancy in existence on or before January 1, 2012, that
are made to implement the provisions of this section and are noticed
pursuant to Section 827 shall not be deemed to cause a diminution in
housing services, and may be enforced in accordance with Section 1161
of the Code of Civil Procedure. 
  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.