BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 337| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ UNFINISHED BUSINESS Bill No: SB 337 Author: Kehoe (D) Amended: 8/30/11 Vote: 21 SENATE JUDICIARY COMMITTEE : 3-2, 4/5/11 AYES: Evans, Corbett, Leno NOES: Harman, Blakeslee SENATE FLOOR : 23-15, 6/2/11 AYES: Alquist, Calderon, Corbett, Correa, De León, DeSaulnier, Evans, Hancock, Hernandez, Kehoe, Leno, Lieu, Liu, Lowenthal, Negrete McLeod, Padilla, Pavley, Price, Rubio, Simitian, Steinberg, Wolk, Yee NOES: Anderson, Berryhill, Blakeslee, Cannella, Dutton, Emmerson, Fuller, Gaines, Harman, Huff, La Malfa, Strickland, Walters, Wright, Wyland NO VOTE RECORDED: Runner, Vargas ASSEMBLY FLOOR : 65-11, 9/1/11 - See last page for vote SUBJECT : Tenancy: political signs SOURCE : American Civil Liberties Union DIGEST : This bill prohibits 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 CONTINUED SB 337 Page 2 circumstances. This bill requires 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. Assembly Amendments (1) recast the bill and add clarifying language, (2) reduce the size of the sign from nine square feet to six square feet, (3) add provisions as to when a landlord may prohibit the posting of signs, (4) delete an unintended reference to a date in the provision permitting a change in an existing lease to conform to the provisions of this bill, (5) specify that if the political signs posted by the tenant violate any local ordinance, then the tenant shall be solely responsible for the violation, and (6) specify that any change in the terms of an existing tenancy that are made to conform to the provisions of the bill shall not be deemed a diminution of housing services and that those changed terms may be enforced, as specified. 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 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 relating to any of the following: An election or legislative vote, including an election of a candidate to public office. The initiative, referendum, or recall process. CONTINUED SB 337 Page 3 Issues that are before a public commission, public board, or elected local body for a vote. This bill provides that 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. This bill provides that a landlord may prohibit a tenant from posting or displaying political signs in the following circumstances: The political sign is more than six square feet in size. The posting or displaying would violate a local, state, or federal law. The posting or displaying would violate a lawful provision in a common interest development governing a document that satisfies the criteria of Civil Code Section 1353.6. This bill provides that 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. This bill provides that notwithstanding any other provision of law, any changes in the terms of a tenancy 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, any may be enforced in accordance with Section 1161 of the Code of Civil Procedure. CONTINUED SB 337 Page 4 It is the intent of the legislature that the enactment of this bill shall not affect in any way other forms of noncommercial expression by a tenant when that expression is not associated with political signs. This bill provides that it is the intent of the Legislature that the enactment of this bill shall not 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 9/1/11) American Civil Liberties Union (source) California Congress of Seniors California Rural Legal Assistance Foundation TenantsTogether.org Western Center on Law and Poverty 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." CONTINUED SB 337 Page 5 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." ASSEMBLY FLOOR : 65-11, 9/1/11 AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Bill Berryhill, Block, Blumenfield, Bradford, Brownley, Buchanan, Butler, Charles Calderon, Campos, Carter, Cedillo, Chesbro, Conway, Cook, Dickinson, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani, Galgiani, Gatto, Gordon, Hagman, Halderman, Hall, Hayashi, Roger Hernández, Hill, Huber, Hueso, Huffman, Jeffries, Jones, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell, Monning, Norby, Pan, Perea, V. Manuel Pérez, Portantino, Skinner, Smyth, Solorio, Swanson, Torres, Wagner, Wieckowski, Williams, Yamada, John A. Pérez NOES: Donnelly, Beth Gaines, Garrick, Grove, Harkey, Morrell, Nestande, Nielsen, Olsen, Silva, Valadao NO VOTE RECORDED: Bonilla, Davis, Gorell, Knight RJG:mw 9/1/11 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED