BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 2310
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          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  








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            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 












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