Amended in Assembly April 8, 2014

Amended in Assembly March 17, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1513

Introduced by Assembly Member Fox

January 15, 2014

An act to add Sections begin delete 1160.5 and 1160.6 end delete begin insert 1944.1, 1944.2, 1944.3, and 1944.4 end insert to the begin delete Code of Civil Procedure, end delete begin insert Civil Code, end insert relating to residential property.

LEGISLATIVE COUNSEL’S DIGEST

AB 1513, as amended, Fox. Residential property: possession by declaration.

Existing law allows a plaintiff, upon motion, to have immediate possession of the premises of a manufactured home, mobilehome, or real property by a writ of possession issued by a court and directed to the sheriff of the county or marshal, for execution, where it appears to the satisfaction of the court, after a hearing on the motion, from the verified complaint and from any affidavits filed or oral testimony given by or on behalf of the parties, that the defendant resides out of state, has departed from the state, cannot, after due diligence, be found within the state, or has concealed himself or herself to avoid the service of summons.

This bill would allow a property owner, or an agent of the property owner, to execute, under penalty of perjury, a Declaration of Ownership of Residential property or an Unauthorized Occupant Declaration. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program.

This bill would allow a property owner, or an agent of the property owner, to file the Declaration of Ownership of Residential property or Unauthorized Occupant Declaration with the district attorney of the jurisdiction in which the property is located and to submit either declaration to a local law enforcement agency. The bill would require a local law enforcement agency to enforce the declaration as an order for immediate possession of the premises, as specified. begin insert The bill would require a sheriff to post the declaration on the property listed in the declaration. end insert By imposing new duties on local agencies this bill would create a state-mandated local program.

begin insert

The bill would provide that its provisions apply only to one-unit to four-unit residences.

end insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

begin delete

SECTION 1.  

Section 1160.5 is added to the Code of Civil

Procedure, to read:

1160.5.  

A property owner, or an agent of the property owner,

end delete

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 1944.1 is added to the end insert begin insert Civil Code end insert begin insert , to read: end insert

begin insert

begin insert 1944.1. end insert   

end insert

may execute begin delete the following end delete begin insert a end insert “Declaration of
Ownership” begin insert that includes language substantially similar to the
language below end insert and file it with the district attorney of the
jurisdiction in which the property is located. begin delete The end delete begin insert If the end insert property
owner, or the agent of the property owner, begin insert files the declaration
with the district attorney, he or she end insert shall begin insert also end insert post the declaration
on the unoccupied residential property listed in the declaration.
The property owner, or the agent of the property owner, may also
submit the declaration to a local law enforcement agency that shall
enforce the declaration as an order for immediate possession of
the begin delete premises pursuant to Section 1166a of the Code of Civil
Procedure. end delete begin insert premises. end insert

“DECLARATION OF OWNERSHIP OF RESIDENTIAL REAL
PROPERTY

begin insert end insert

I, ____________________, declare and state: I make this
declaration based upon my own personal knowledge.

1. I am the owner___, or the agent of the owner___(check one),
of the residential property located at _____________________,
California (“Property”).

2. Submitted with this declaration, and incorporated herein by
reference, is a true and correct copy of the deed by which I obtained
ownership of the Property.

3. Since obtaining ownership of the Property, no ownership
interest in the Property has been conveyed or transferred to any
other person or entity.

4. At the time of obtaining ownership of the Property, no person
was occupying the Property and no ownership interest or right of
possession in the Property has been conveyed or transferred to any
other person or entity.

5. As of the present date, there are no persons authorized by me
or my agent to reside within the Property. Any persons residing
on this Property are doing so without any express or implied
authorization from me or my agent.

6. I have not entered into any form of lease arrangement, rental
agreement, or given any consent whatsoever to any persons to
reside within the Property.

7. I will advise the district attorney if there is any change in the
status of the Property and an occupancy is authorized by me or
my agent.

8. I declare under penalty of perjury that the foregoing is true
and correct.
begin insert end insert

begin insert end insert

EXECUTED on _________________________________, at
_______________________, California”

begin delete

SEC. 2.  

Section 1160.6 is added to the Code of Civil Procedure,
to read:

1160.6.  

A property owner, or an agent of the property owner,

end delete

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 1944.2 is added to the end insert begin insert Civil Code end insert begin insert , to read: end insert

begin insert

begin insert 1944.2. end insert   

end insert

may execute begin delete the following end delete begin insert an end insert “Unauthorized Occupant
Declaration” begin insert that includes language substantially similar to the
language below end insert and file it with the district attorney of the
jurisdiction in which the property is located. The property owner,
or the agent of the property owner, may also submit the declaration
to a local law enforcement agency that shall enforce the declaration
as an order for immediate possession of the begin delete premises pursuant to
Section 1166a of the Code of Civil Procedure. end delete begin insert premises. end insert

“UNAUTHORIZED OCCUPANT DECLARATION

begin insert end insert

I, ____________________, declare and state: I make this
declaration based upon my own personal knowledge.

1. I am the owner___, or the agent of the owner___ (check one),
of the residential property located at _____________________,
California (“Property”).

2. Submitted with this Declaration, and incorporated herein by
reference, is a true and correct copy of the deed by which I obtained
ownership of the Property.

3. At the time of obtaining ownership of the Property, no person
was occupying the Property and no ownership interest or right of
possession in the Property has been conveyed or transferred to any
other person or entity.

4. I have never entered into any form of lease arrangement,
rental agreement, or given any consent whatsoever to the persons
(“Subject Persons”) to reside within the Property.

5. As of the present date, there are Subject Persons present
within, and asserting possession of, the Property.

6. The Subject Persons are residing within the Property without
my consent and are unknown to me.

7. I have requested the Subject Persons to remove themselves
and their personal property from the Property on the following
begin delete occasions and in the following means: end delete begin insert occasion(s) and in the
following manner: _________________________. end insert

begin delete

A. __________________________________________________________________________

end delete begin delete

B. __________________________________________________________________________

end delete begin delete

C. __________________________________________________________________________

end delete begin delete

D. __________________________________________________________________________

end delete

8. Notwithstanding the efforts described above, the Subject
Persons have refused to vacate the Property and to remove their
personal property from the Property.

9. I have been advised and understand that Section 148.5 of the
Penal Code begin delete Section end delete makes it a crime to falsely report a
misdemeanor or felony to a peace officer and that I will be
committing a crime under that section if the statements made within
this declaration are known to be false.

10. I declare under penalty of perjury that the foregoing is true
and correct.
begin insert end insert

begin insert end insert

EXECUTED on _____________________________________,
at _______________________, California”

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 1944.3 is added to the end insert begin insert Civil Code end insert begin insert , to read: end insert

begin insert

begin insert 1944.3. end insert   

A declaration provided to a district attorney pursuant
to Section 1944.1 or 1944.2 shall be posted by the sheriff on the
property listed in the declaration.

end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 1944.4 is added to the end insert begin insert Civil Code end insert begin insert , to read: end insert

begin insert

begin insert 1944.4. end insert   

Sections 1944.1 to 1944.3, inclusive, apply only to
one-unit to four-unit residences.

end insert

begin delete SEC. 3. end delete
begin insert SEC. 5. end insert   

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for certain
costs that may be incurred by a local agency or school district
because, in that regard, this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.

However, if the Commission on State Mandates determines that
this act contains other costs mandated by the state, reimbursement
to local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

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CORRECTIONS:

Text--Pages 2 and 4.

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