BILL ANALYSIS                                                                                                                                                                                                    Ó



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          ASSEMBLY THIRD READING
          AB 2310 (Ridley-Thomas and Dickinson)
          As Amended March 28, 2014
          2/3 vote.  Urgency 

           JUDICIARY           10-0        APPROPRIATIONS      16-0        
           
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          |Ayes:|Wieckowski, Wagner,       |Ayes:|Gatto, Bigelow, Allen,    |
          |     |Alejo, Chau, Dickinson,   |     |Bocanegra, Bradford, Ian  |
          |     |Garcia, Gorell,           |     |Calderon, Campos, Eggman, |
          |     |Maienschein, Muratsuchi,  |     |Gomez, Holden, Linder,    |
          |     |Stone                     |     |Pan, Quirk,               |
          |     |                          |     |Ridley-Thomas, Wagner,    |
          |     |                          |     |Weber                     |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Re-establishes a pilot program, which sunset last  
          year, that conditionally allows city attorneys and prosecutors  
          in participating cities to bring eviction proceedings against  
          tenants for committing nuisance violations involving unlawful  
          weapons and ammunition.  Specifically,  this bill  :   

          1)Re-establishes the Civil Code Section 3485 (Section 3485)  
            pilot program for weapons-related evictions that, until  
            sunsetting on December 31, 2013, provided pilot authority to  
            the city attorney or prosecutor in participating jurisdictions  
            to file an unlawful detainer action in the name of the people  
            against a tenant for the illegal possession or sale of  
            firearms or ammunition, as specified, on the residential  
            premises, or for using the premises to further that illegal  
            purpose.

          2)Authorizes only the cities of Los Angeles, Long Beach, and  
            Sacramento to participate in the pilot program.

          3)Establishes a January 1, 2019, sunset date for the pilot  
            program.

          4)Revises specified information and data required to be reported  
            annually to the California Research Bureau (CRB), and requires  
            the CRB to submit a brief report evaluating the merits of the  
            pilot program to the Senate and Assembly Judiciary Committees  








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            by specified dates in 2016 and 2018.

          5)Declares that this is an urgency statute to protect public  
            safety and makes findings that a special law is necessary to  
            limit application of the law to the jurisdictions identified  
            in this act.

           EXISTING LAW  :  

          1)Provides that a tenant who maintains, commits or permits a  
            nuisance upon the premises or who uses the premises for an  
            unlawful purpose thereby terminates the lease, entitling the  
            landlord to restitution of the premises under unlawful  
            detainer.  

          2)Specifies that a person who illegally possesses certain  
            firearms or ammunition on the premises, or who illegally  
            possesses or sells a controlled substance on the premises, or  
            who uses the premises to further either purpose, as defined,  
            shall be deemed to have committed a nuisance upon the premises  
            for the purpose of determining unlawful detainer against that  
            person.  

          3)Authorizes the city attorney or prosecutor in Los Angeles to  
            file, in the name of the people, an action for unlawful  
            detainer against a tenant for committing nuisance violations  
            involving the illegal possession or sale of a controlled  
            substance on the premises or using the premises to further  
            that purpose.  

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee, minor absorbable costs to the cities and to the CRB  
          for the reporting requirements.

           COMMENTS  :  This bill, sponsored by the Los Angeles City  
          Attorney's office, seeks to re-establish the Section 3485 pilot  
          program that, until it sunset last year, authorized city  
          attorneys in participating jurisdictions to bring eviction  
          proceedings against tenants for committing nuisance violations  
          involving unlawful weapons and ammunition.  Authority for the  
          pilot program was extended an additional four years by AB 530  
          (Krekorian), Chapter 244, Statutes of 2009, but that authority  
          sunset on December 31, 2013, pursuant to AB 530 when no statute  
          was subsequently enacted to continue the program.  According to  








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          proponents, that was an unfortunate legislative oversight, and  
          this urgency bill is needed to restore the Section 3485 program  
          to ensure public safety, as well as uninterrupted study and  
          evaluation of the program.

          According to the author, the pilot authority provided to city  
          attorneys and prosecutors under the Section 3485 program is an  
          important tool that can be used to reduce gun violence and  
          protect public safety.  The author states, "At times, the  
          property owner is afraid to evict the tenant because of threats,  
          gang affiliation or other intimidating conduct.  Section 3485  
          authorized city attorneys to bring an unlawful detainer in such  
          a circumstance.  Allowing the city attorney to bring the action  
          shields fearful or vulnerable owners from retaliatory threats or  
          violent reprisals by armed tenants.  Eviction of the tenant  
          committing a weapon or ammunition related violation also  
          increases public safety and the sense of community among  
          law-abiding tenants." 

          The Section 3485 pilot program authorizes city attorneys and  
          prosecutors in participating jurisdictions, 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 unlawful detainer against a tenant for  
          recovery of possession of the property.

          Under the pilot programs, a city attorney or city prosecutor may  
          file an unlawful detainer action against any person for creating  
          a nuisance on the property by using or allowing the premises to  
          be used for the illegal possession or sale of specified weapons  
          or ammunition.  The city's action would be predicated on its  
          belief that a specified weapons-related offense has occurred on  
          the subject real property based upon an arrest report or other  
          law enforcement report.

          In any unlawful detainer action brought by the city prosecutor  
          or city attorney under the pilot programs, the public prosecutor  
          must first give 30 calendar days of written notice documenting  
          the alleged nuisance or illegal activity to the landlord and the  
          offending tenant.  This notice is designed to give the landlord  
          the first opportunity to file an unlawful detainer action  
          against the offending tenant.  The landlord may then either file  








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          the action or assign the right to bring the unlawful detainer  
          action to the public prosecutor.  If the landlord fails to file  
          an unlawful detainer action, or fails to prosecute such an  
          action diligently and in good faith, the city attorney or city  
          prosecutor may file the action and may join both the landlord  
          and the offending tenant as co-defendants.

          Participation in the program also requires the city attorney to  
          report specified information to the CRB about city attorney  
          involvement, property owner response, court processing, and  
          tenant reaction.  The law requires CRB, in turn, to evaluate and  
          report the merits of the program to the Legislature.  The most  
          recent CRB report, containing more detailed analysis of both the  
          weapons and drug-related eviction pilot programs, is available  
          at:   http://www.library.ca.gov/crb/13/13-001.pdf  .

          Participating Jurisdictions:  Under this bill, only the cities  
          of Los Angeles, Long Beach, and Sacramento are authorized to  
          participate in the pilot program.

          Reporting Requirements:  To allow for better study and  
          evaluation of the program, the author has adopted several  
          recommendations from the CRB to revise the data items currently  
          required to be reported.  According to the CRB, these revisions  
          are intended to facilitate information reported at the  
          individual case level (i.e., for each instance a notice is  
          provided to the tenant) rather than at an aggregate level, and  
          to also make reporting less burdensome by requiring data to be  
          uniformly reported in a template designed by CRB.

          Sunset Date:  The bill contains a sunset date of January 1,  
          2019, for all participating jurisdictions, which allows the CRB  
          four more years to collect data and examine still unresolved  
          research questions about the program's effectiveness and  
          implementation.  

           
           Analysis Prepared by  :  Anthony Lew / JUD. / (916) 319-2334 


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