BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 337|
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THIRD READING
Bill No: SB 337
Author: Kehoe (D)
Amended: 5/25/11
Vote: 21
SENATE JUDICIARY COMMITTEE : 3-2, 4/5/11
AYES: Evans, Corbett, Leno
NOES: Harman, Blakeslee
SUBJECT : Tenancy: noncommercial signs
SOURCE : American Civil Liberties Union
DIGEST : This bill provides that a landlord shall not
prohibit a tenant from posting or displaying political
signs on or within any portion of the tenant's dwelling
unit, unless specified laws, covenants or other
restrictions would be violated.
Senate Floor Amendments of 5/25/11 provide that "political
signs" include signs relating to an election or legislative
vote, as specified, and express the intent of the
Legislature that the enactment of this bill shall not
diminish or affect other forms of noncommercial expression
by a tenant.
ANALYSIS : Existing law regulates the terms and
conditions of residential tenancies. Existing law
prohibits the governing documents of a common interest
development from prohibiting the posting or displaying of
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noncommercial signs, posters, flags, or banners on or in an
owner's separate interest, except as specified.
This bill provides that a landlord shall not prohibit a
tenant from posting or displaying political signs on or
within any portion of the tenant's dwelling unit.
The posting or display would violate a local, state, or
federal law.
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 of the Civil
Code.
The posting or display would violate a provision in the
covenants, conditions, and restrictions recorded against
the property.
This bill provides that "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.
This bill provides that 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 5/25/11)
American Civil Liberties Union (source)
California Congress of Seniors
TenantsTogether.org
Western Center on law and Poverty
OPPOSITION : (Verified 5/25/11)
Apartment Association, California Southern Cities
Apartment Association of Greater Los Angeles
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Apartment Association of Orange County
California Apartment Association
California Association of Realtors
San Diego County Apartment Association
San Francisco Association of Realtors
Santa Barbara Rental Property Association
ARGUMENTS IN SUPPORT : According to the author:
"The ability to freely express one-self ? is denied to
nearly 40% of all Californians. Tenants have no
guaranteed right to expression on the very property they
call home, simply because they are not the legal owner of
where they live.
"While tenants have many rights provided to them under
the law, several forms of expression are not protected.
These forms include flying a flag or banner, posting
non-commercial signs or even displaying signs that are
political in nature.
"Should people lose their right to freedom of expression
simply because they rent their property? The answer is
no. Any discrimination that prevents freedom of
expression, based on whether or not you own property is a
denial of rights that belong to all people ? SB 337
grants tenants the right to post and display signs, flags
or other noncommercial signs as a form of expression that
may be displayed where they live."
The American Civil Liberties Union (ACLU), the bill's
sponsor, states that they have "successfully argued in
court that current California law as expressed in Civil
Code Section 1942.5(c) renders unlawful lease restrictions
that bar tenants from posting political signs on their
leased premises. The legislative history of Section
1945.5(c), made it clear that the Legislature intended that
displaying political signs in windows was covered by the
statutory protection of a tenant's exercise of 'any right
under the law'. SB 337 would provide the specific
statutory protection to post these signs."
ARGUMENTS IN OPPOSITION : The California Apartment
Association argues that the bill "proposes a significant
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and unconstitutional interference with property owners'
rights to set standards at their property . . . and would
deny property owners the ability to impose rules necessary
to prevent visual blight and to prevent the posting of
signs and banners that are offensive to other residents and
the surrounding community."
The California Association of Realtors, Apartment
Association of Greater Los Angeles, San Diego County
Apartment Association, and the Santa Barbara Rental
Property Association oppose the bill on the basis that
"rental property owners and managers must have the
unfettered flexibility to judge what may or may not be
suitable conduct by one resident if it has the prospect of
affecting the quiet enjoyment of other residents in rental
housing." Those organizations further contend that (1) the
bill leaves an apartment owner virtually powerless to
preserve the quiet enjoyment of all residents in apartment
units; (2) the bill threatens to remove an apartment
owner's legitimate right to control the appearance of
property; (3) that virtually any sign or banner can be hung
or displayed anywhere; and (4) the bill creates new
problems to solve a non-existent one.
The Apartment Association, California Southern Cities, San
Francisco Association of Realtors, and the Apartment
Association of Orange County, in opposition, state similar
concerns and contend, among other things, that the "primary
beneficiary of SB 337 will be the tenants who will taunt
others when they display objectionable signs, banners or
posters," and that "Ýw]hen an alleged violation of law is
at issue concerning the legality of a sign, government will
be the only entity that can determine violation of laws."
RJG:mw 5/26/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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