BILL ANALYSIS Ó AB 2310 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 2310 (Ridley-Thomas and Dickinson) As Amended August 18, 2014 2/3 vote. Urgency ----------------------------------------------------------------- |ASSEMBLY: |70-1 |(April 24, |SENATE: |35-0 |(August 20, | | | |2014) | | |2014) | ----------------------------------------------------------------- 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: AB 2310 Page 2 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. AB 2310 Page 3 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 AB 2310 Page 4 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 AB 2310 Page 5 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 FN: 0005098