BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 2310
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 2310 (Ridley-Thomas and Dickinson)
          As Amended August 18, 2014
          2/3 vote.  Urgency 
           
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          |ASSEMBLY:  |70-1 |(April 24,      |SENATE: |35-0 |(August 20,    |
          |           |     |2014)           |        |     |2014)          |
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           Original Committee Reference:    JUD.  

           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  
            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 only to specified jurisdictions.

           The Senate amendments:   








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          1)Require a court hearing an unlawful detainer action pursuant  
            to the pilot program to enter a specified order depending on  
            whether grounds for an eviction or a partial eviction have  
            been established, and allows the court discretion to order  
            immediate eviction or stay the eviction if the tenant can  
            demonstrate hardship, as specified.

          2)Provide that a property owner shall only be required to pay  
            the costs of investigation, discovery, and reasonable  
            attorney's fees upon acceptance of assignment and filing of  
            the unlawful detainer action by the city prosecutor or  
            attorney.

          3)Increase the reporting requirements to include two additional  
            pieces of information regarding the tenant against whom an  
            action is filed.




































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          4)Allow a defendant to raise, as an affirmative defense, the  
            failure of the participating jurisdiction to make a good faith  
            effort to collect and timely report all information to the  
            California Research Bureau for the reporting period preceding  
            the unlawful detainer action.

          5)Authorize the City of Oakland to participate in the pilot  
            program.

          6)Declare that this bill does not create a reimbursable state  
            mandate.
           
          FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.

           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  
          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  








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          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  
          the action or assign the right to bring the unlawful detainer  
          action to the public prosecutor.  If the landlord fails to file  
          an 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.

          As recently amended, the bill requires a court hearing an  
          unlawful detainer action under the pilot program to enter a  
          specified order depending on whether grounds for an eviction or  
          a partial eviction have been established.  Specifically, the  
          court has discretion to:  1) dismiss the action; 2) order  
          immediate eviction or partial eviction; or 3) stay the execution  
          of an eviction order for a reasonable time if the tenant can  
          show, by clear and convincing evidence, that immediate eviction  
          would pose extreme hardship that outweighs the benefit to the  
          community.

          Under this bill, only the Cities of Los Angeles, Long Beach,  
          Sacramento, and Oakland are authorized to participate in the  
          pilot program.  Participation in the program also requires the  








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          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.  As recently amended, the bill would allow a  
          defendant to raise, as an affirmative defense to unlawful  
          detainer, the failure of the participating jurisdiction to make  
          a good faith effort to collect and timely report all information  
          to the California Research Bureau for the reporting period  
          preceding the action.

          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.

          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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