BILL NUMBER: AB 2405	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Ammiano

                        FEBRUARY 21, 2014

   An act to amend Section 7060.6 of, and to add Section 7060.8 to,
the Government Code, relating to landlord tenant.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2405, as introduced, Ammiano. Landlord tenant: Ellis Act.
   (1) Under the Ellis Act, public entities generally are prohibited
from adopting any statute, ordinance, or regulation, or taking any
administrative action, to compel the owner of residential real
property to offer or to continue to offer accommodations in the
property for rent or lease. The act authorizes, if an owner seeks to
displace a tenant or lessee from accommodations withdrawn from rent
or lease by an unlawful detainer proceeding, the tenant or lessee to
assert by way of defense that the owner has not complied with the
act, or statutes, ordinances, or regulations of public entities
adopted to implement the act.
   This bill would require, if an owner seeks to displace a tenant or
lessee from accommodations withdrawn pursuant to the act solely on
the basis of this withdrawal, the case to civil action other than a
civil action for unlawful detainer in which the tenant or lessee may
assert the above-described defenses.
   (2) Existing law authorizes a court clerk to allow access to
limited civil case records filed in unlawful detainer proceedings to
specified persons and, after 60 days after the complaint has been
filed, to any other person, with a specified exception.
   This bill would prohibit the clerk of the court from allowing
access to court records filed in the above-described civil action to
displace a tenant or lessee from withdrawn accommodations, except as
specified.
   (3) The Planning and Zoning Law requires each city, county, and
city and county to prepare and adopt a general plan that contains
certain mandatory elements, including a housing element that includes
an assessment of housing needs.
   This bill would, if a county or city and county fails to identify
or make available adequate sites to accommodate its portion of the
regional housing need allocated to specified income levels, authorize
the county or city and county to compel the owner of a residential
real property to offer, or continue to offer, accommodations in the
property for rent or lease by adoption of a resolution or by a
majority vote of the electors within the county.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature hereby finds and declares:
   (a)  Legal issues in an Ellis Act eviction proceeding are complex,
unlike unlawful detainer proceedings for nonpayment of rent and
other common evictions.
   (b)  Briefs in an Ellis Act eviction proceeding are often
extensive. Drafting or responding to pleadings on an unlawful
detainer timeline is a challenge. Exhibits are extensive in an Ellis
Act eviction proceeding and need to be thoroughly reviewed to
determine whether "strict compliance" has been achieved.
    (c)  Owners that invoke the Ellis Act are using a draconian
remedy - removal from rental use - and careful court review is
warranted. Unlike a typical eviction for nonpayment of rent, which
forces a tenant out, but doesn't otherwise restrict the unit, an
Ellis Act eviction results in a deed restriction on the unit,
removing it from the rental market.
   (d)  The detriment to owners from a longer civil action to recover
rental property is fundamentally different. In an Ellis Act eviction
proceeding, the owner does not allege damage or misconduct by a
tenant that would otherwise require a prompt eviction.
   (e)  It is very difficult for tenants to find representation in
part because Ellis Act eviction proceedings are complex and attorneys
are required to drop everything to deal with tight timelines.
Tenants cannot be expected to competently represent themselves in
Ellis Act eviction proceedings. Converting these proceedings to be
civil actions other than those for unlawful detainer could make it
easier to get representation or low income tenants.
   (f) To the extent that a civil action is brought to evict a tenant
solely because the property owner wants to remove the residential
unit from the rental market and the tenant did not engage in acts
that would constitute a breach of the lease, the interest of the
tenant in protecting his or her reputation as a responsible tenant
outweighs the public interest in the outcome of the proceeding to
evict the tenant.
  SEC. 2.  Section 7060.6 of the Government Code is amended to read:
   7060.6.   (a)    If an owner seeks to displace a
tenant or lessee from accommodations withdrawn from rent or lease
pursuant to this chapter  by an unlawful detainer proceeding,
  solely on the basis of this withdrawal, the case
shall be a civil action, other than a civil action for unlawful
detainer, in which  the tenant or lessee may  appear and
answer or demur pursuant to Section 1170 of the Code of Civil
Procedure and may  assert by way of defense that the owner
has not complied with  the applicable provisions of 
this chapter, or statutes, ordinances, or regulations of public
entities adopted to implement this chapter, as authorized by this
chapter. 
   (b) The clerk of the court shall not allow access to court records
filed in a civil action described in subdivision (a), including the
court file, index, and register of actions, except as follows: 

   (1) To a party to the action, including a party's attorney. 

   (2) To any person who provides the clerk with the names of at
least one plaintiff and one defendant and the address of the
premises, including the apartment or unit number, if any.  
   (3) To a resident of the premises who provides the clerk with the
name of one of the parties or the case number and shows proof of
residency.  
   (4) (A) To any person by order of the court, which may be granted
ex parte, on a showing of good cause.  
   (B) For purposes of this paragraph, "good cause" includes, but is
not limited to, the gathering of newsworthy facts by a person
described in Section 1070 of the Evidence Code. It is the intent of
the Legislature that a simple procedure be established to request the
ex parte order described in subparagraph (A). 
  SEC. 3.  Section 7060.8 is added to the Government Code, to read:
   7060.8.  Notwithstanding Section 7060, if a county or city and
county fails to identify or make available adequate sites to
accommodate its portion of the regional housing need allocated to
low-income and moderate income levels pursuant to Section 65584, the
board of supervisors, by the adoption of a resolution or by a
majority vote of the electors within the county, may compel the owner
of any residential real property to offer, or continue to offer,
accommodations in the property for rent or lease until the county or
city and county meets its portion of the regional housing need.