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.
Existing law provides that every person who willfully commits a trespass is guilty of a misdemeanor.
This bill would allow an owner of residential property in the Cities of Palmdale and Lancaster in the County of Los Angeles or the City of Ukiah in the County of Mendocino, or an agent of the property owner, to register vacant real property with the local law enforcement agency and to execute, under penalty of perjury, a Declaration of Ownership of Residential Real Property. By expanding the scope of the crime of perjury, this bill would impose a state-mandated local program.
This bill would further allow the property owner, or an agent of the property owner, to file the Declaration of Ownership of Residential Real Property with the local law enforcement agency of the jurisdiction in which the property is located. The bill would require the property owner to post the filed declaration on the property listed in the declaration. The bill would require the local law enforcement agency with which the property is registered to respond as soon as practicable after being notified that an unauthorized person has been found on the
property and take specified action, including requiring a person who is found on the property to produce written authorization to be on the property, and notifying any person who does not produce that authorization that
begin delete he or she has 48 hours to obtain it,end delete and begin delete isend delete
subject to arrest for trespass if he or she is subsequently found on the property begin delete without itend delete. The bill would allow the property owner, or an agent of the property owner, to file an action for a temporary restraining order and injunctive relief against a person who is found on the property not less than 48 hours after that person has been so notified. The bill would provide that a property owner, or an agent of the property owner, who files a declaration that includes false information regarding the right to possess the property is liable to any person who, as a result of the declaration, vacates the property, for damages, as specified. By imposing new duties on local law enforcement agencies, this bill would create a state-mandated local program.
The bill would provide that its provisions apply only to 1 to 4-unit residences in the Cities of Palmdale and Lancaster in the County of Los Angeles and the City of Ukiah in the County of Mendocino. This bill would provide that its provisions would be operative until January 1, 2018.
This bill would make legislative findings and declarations as to the necessity of a special statute for the Cities of Palmdale and Lancaster in the County of Los Angeles and the City of Ukiah in the County of Mendocino.
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:
The Legislature finds and declares that the
2practice of squatting on vacant property is a public nuisance and
3is detrimental to the health, safety, and economy of local
4communities and to the rights of real property owners. The intent
5of this section is to provide a means to prevent squatting in vacant
6residential real property and to provide a timely and orderly
7procedure for squatters to vacate the premises in lieu of arrest. The
8Legislature also declares this section not to be an abridgment of
9other statutes relating to trespass or civil eviction proceedings.
Section 527.11 is added to the Code of Civil Procedure,
(a) The owner or owner’s agent of vacant real property
13may register the property with the local law enforcement agency
14using the form contained in subdivision (a) of Section 527.12.
15(1) The registration shall be signed under penalty of perjury and
16state that the property is vacant and is not authorized to be occupied
17by any person.
18(2) The registration shall be accompanied with a statement
19providing the name, address, and telephone number at which the
20owner can be contacted within a 24-hour period and a statement
P4 1that either the law enforcement agency or a licensed private security
2services company has been retained to comply with the inspection
3and reporting provisions of this section, together with a copy of
4any agreement or contract to perform those services.
5(b) The owner or the owner’s agent shall register the vacant
6property no later than three days after the owner or owner’s agent
7learns that the property is vacant.
8(c) The owner or owner’s agent, immediately after authorizing
9a person to occupy the vacant property, shall do both of the
11(1) Issue a written authorization to the person authorized to
12occupy the property.
13(2) Notify the law enforcement agency where the property is
14registered and terminate the registration.
15(d) The owner or the owner’s agent, immediately upon the sale
16of the vacant property, shall notify the law enforcement agency
17where the property is registered that the property has been sold,
18and to terminate the registration.
19(e) The licensed private security services company or law
20enforcement agency selected by the owner or owner’s agent
21pursuant to this section shall do both of the following:
22(1) Inspect the vacant property not less than once every three
24(2) Immediately notify the law enforcement agency with which
25the property is registered if any unauthorized person is found on
27(f) The law enforcement agency where the property is registered
28shall respond as soon as practicable after being notified pursuant
29to paragraph (2) of subdivision (e) that an unauthorized person is
30found on the property. The responding officer shall do all of the
32(1) Verify that the property was inspected within the last three
33days pursuant to paragraph (2) of subdivision (e) and found to be
35(2) Ascertain the identity of any person who is found on the
37(3) Require a person who is found on the property to produce
38written authorization to be on the property.
P5 1(4) Notify any person who does not produce written
2authorization pursuant to paragraph (3) that
begin delete he and that the person will be subject to arrest for
3or she has 48 hours to obtain written authorization from the owner
4of the property, or the owner’s agent, to be on the property,end delete
7trespass if the person is subsequently found on the property
begin delete without .
8that authorizationend delete
9(5) Verify with the owner or the owner’s agent that the property
11(g) (1) The owner or owner’s agent of vacant real property
12may file an action for a temporary restraining order and injunctive
13relief against any person who is found on the vacant property not
14less than 48 hours after that person has been notified pursuant to
15paragraph (4) of subdivision (f). A person subject to a temporary
16restraining order or an injunction obtained pursuant to this
17subdivision is subject to arrest and imprisonment for trespass
18pursuant to Section 602.5 of the Penal Code for failing to vacate
19the property pursuant to the temporary restraining order or
20injunction and for civil contempt for violating a court order.
21(2) The summons and complaint in an action brought pursuant
22to this subdivision may be served personally or by posting a copy
23of the summons and complaint at a prominent location on the
24property and mailing a copy of the summons and complaint to the
25property’s address. Posting and mailing a copy of the summons
26and complaint shall be sufficient service even if the mailed copy
27is returned as undeliverable if the owner or owner’s agent has proof
28of the mailing.
29(3) The court may order a hearing on a temporary restraining
30order within three days following service of the summons and
31complaint. The date, time, and location of the hearing may be
32included with the summons and complaint or may be separately
33served on any person occupying the property in the manner set out
34in paragraph (2).
35(4) The court may include in any temporary restraining order
36granted pursuant to this subdivision an order directing that the
37property be vacated in not less than 48 hours. The order may be
38enforced by the local law enforcement agency where the property
39is registered or the county sheriff.
P6 1(5) The disposition of any personal property of a person subject
2to a temporary restraining order or an injunction pursuant to this
3subdivision shall be governed by the procedures set forth in Chapter
45 (commencing with Section 1980) of Title 5 of Part 4 of Division
53 of Civil Code. The person subject to the temporary restraining
6order or injunction shall be deemed to be a former tenant of the
7property for purposes of the disposition of personal property only.
8(h) This section shall not be construed to limit an owner from
9seeking other legal remedies to have a person removed from the
10vacant property pursuant to any other law.
11(i) A temporary restraining order or injunction ordering a person
12to vacate and remove personal property pursuant to this section
13shall not constitute a forcible entry under the provisions of Section
141159 of the Code of Civil Procedure.
15(j) The local city council or board of supervisors shall establish
16fees for registering a vacant property with the local law
17enforcement agency and for the conduct of inspections by the law
18enforcement agency pursuant to this section, including all activities
19conducted by the law enforcement agency pursuant to subdivision
21(k) This section applies only to one- to four-unit residences in
22 the Cities of Palmdale and Lancaster in the County of Los Angeles
23and the City of Ukiah in the County of Mendocino.
24(l) This section shall remain in effect only until January 1, 2018,
25and as of that date is repealed, unless a later enacted statute, that
26is enacted before January 1, 2018, deletes or extends that date.
Section 527.12 is added to the Code of Civil Procedure,
(a) A property owner, or an agent of the property
30owner, may execute a “Declaration of Ownership” that includes
31language substantially similar to the language below and file it
32with the local law enforcement agency of the jurisdiction in which
33the property is located. If the property owner, or the agent of the
34property owner, files the declaration with the local law enforcement
35agency, he or she shall also post the declaration on the unoccupied
36residential property listed in the declaration.
38“DECLARATION OF OWNERSHIP OF RESIDENTIAL REAL
P7 1I, ____________________, declare and state: I
2declaration based upon my own personal knowledge.
31. I am the owner___, or the agent of the owner___(check one),
4of the residential property located at _____________________,
62. Submitted with this declaration, and incorporated herein by
7reference, is a true and correct copy of the deed by which I obtained
8ownership of the Property.
93. Since obtaining ownership of the Property, no ownership
10interest in the Property has been conveyed or transferred to any
11other person or entity.
124. At the time of obtaining ownership of the Property, no person
13was occupying the Property and no ownership interest or right of
14possession in the Property has been conveyed or transferred to any
15other person or entity.
165. As of the present date, there are no persons authorized by me
17or my agent to reside within the Property. Any persons residing
18on this Property are doing so without any express or implied
19authorization from me or my agent.
206. I have not entered into any form of lease arrangement, rental
21agreement, or given any consent whatsoever to any persons to
22reside within the Property.
237. I will advise the local law enforcement agency if there is any
24change in the status of the Property and an occupancy is authorized
25by me or my agent.
268. I declare under penalty of perjury that the foregoing
29EXECUTED on _________________________________, at
33(b) Notwithstanding Section 47 of the Civil Code, a property
34owner, or agent thereof, who files a declaration pursuant to this
35section that includes false information regarding the right to possess
36the property is liable to any person who, as a result of the
37declaration, is caused to vacate the property, for all
39damages resulting from the person having to vacate the property.
P8 1(c) This section applies only to one- to four-unit residences in
2the Cities of Palmdale and Lancaster in the County of Los Angeles
3and the City of Ukiah in the County of Mendocino.
4(d) This section shall remain in effect only until January 1, 2018,
5and as of that date is repealed, unless a later enacted statute, that
6is enacted before January 1, 2018, deletes or extends that date.
The Legislature finds and declares that a special law
8is necessary and that a general law cannot be made applicable
9within the meaning of Section 16 of Article IV of the California
10Constitution because of the unique circumstances in the Cities of
11Palmdale and Lancaster in the County of Los Angeles and the City
12of Ukiah in the County of Mendocino, it is first necessary to
13establish this program in a limited setting to analyze its
14effectiveness before considering an extension to other local
No reimbursement is required by this act pursuant to
17Section 6 of Article XIII B of the California Constitution for certain
18costs that may be incurred by a local agency or school district
19because, in that regard, this act creates a new crime or infraction,
20eliminates a crime or infraction, or changes the penalty for a crime
21or infraction, within the meaning of Section 17556 of the
22Government Code, or changes the definition of a crime within the
23meaning of Section 6 of Article XIII B of the California
25However, if the Commission on State Mandates determines that
26this act contains other costs mandated by the state, reimbursement
27to local agencies and school districts for those costs shall be made
28pursuant to Part 7 (commencing with Section 17500) of Division
294 of Title 2 of the Government Code.