BILL ANALYSIS Ó AB 2310 Page 1 Date of Hearing: April 9, 2014 ASSEMBLY COMMITTEE ON APPROPRIATIONS Mike Gatto, Chair AB 2310 (Ridley-Thomas and Dickinson) - As Amended: March 28, 2014 Policy Committee: JudiciaryVote:10-0 Urgency: Yes State Mandated Local Program: Yes Reimbursable: Yes SUMMARY This bill re-establishes a pilot program, which inadvertently sunset last year, allowing specific jurisdictions to bring eviction proceedings against tenants for committing nuisance violations involving unlawful weapons. Specifically, this bill: 1)Authorizes the city attorney in the Cities of Long Beach, Los Angeles, and Sacramento, until January 1, 2019, to file an unlawful detainer action for illegal sale or possession of firearms or ammunition on residential premises. 2)Revises the information required to be reported annually by the participating cities to the California Research Bureau (CRB), and requires the CRB to submit reports to the Legislature in March 2016 and March 2018 summarizing the data and evaluating the pilot program's merits. FISCAL EFFECT Minor absorbable costs to the cities and to the CRB for the reporting requirements. COMMENTS 1)Purpose . The pilot program authorizes city attorneys in the three cities, rather than the landlord or property owner, to initiate eviction proceedings against tenants for committing nuisance violations involving unlawful weapons and ammunition. This special statutory authority is unusual because traditionally only the landlord has authority to file an AB 2310 Page 2 unlawful detainer against a tenant for recovery of possession of the property. Under the pilot program, the prosecutor must first give 30 calendar days of written notice documenting the alleged nuisance or illegal activity to the landlord and the offending tenant, thus providing the landlord the first opportunity to file an unlawful detainer action against the offending tenant. Authority for this program was extended by AB 530 (Krekorian)/Statutes of 2009, but that authority sunset on December 31, 2013. According to proponents, that was an unfortunate oversight, and this urgency bill is needed to resume the program as soon as possible to ensure public safety as well as uninterrupted study and evaluation of the program. 2)Program Data . According to the most recent CRB report to the Legislature which analyzed only 2011 data, the Los Angeles City Attorney's office used this authority on 19 occasions to send notices of intent to evict to landlords and nuisance tenants. By contrast, the Long Beach City Attorney sent 13 notices and the Sacramento City Attorney sent only nine such notices. The percentage of cases where the property owner responded by filing an unlawful detainer directly did not differ significantly between the three participating cities, ranging from 39% to 44%. To allow for better study and evaluation of the program, the bill revises data to be reported, based on recommendations of the CRB. These revisions are intended to facilitate information reported at the individual case level rather than at an aggregate level, and to make reporting less burdensome by requiring data to be uniformly reported in a template designed by CRB. 3)Related Legislation . AB 2485 (Dickinson), also on today's committee agenda, re-establishes the City of Sacramento's authority to participate in a related pilot program allowing city-initiated eviction proceedings related to the sale or possession of controlled substances. Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081 AB 2310 Page 3