BILL NUMBER: AB 2405	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 10, 2014

INTRODUCED BY   Assembly Member Ammiano

                        FEBRUARY 21, 2014

   An act to amend Section  1161.2 of the Code of Civil
Procedure, and 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 amended, 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displace a tenant or lessee from accommodations withdrawn from rent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lessee from accommodations withdrawn pursuant to the act 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   ,
the plaintiff to state in the caption of the complaint that the civil
action is described in a specified provision of the Ellis Act 
.
   (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displace a tenant or lessee from withdrawn accommodations,  when
the caption of the complaint states   that it is a civil
action described above,  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,   would authorize,  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   public entity, as defined,
finds that the prohibition of the Ellis Act decreases the total
number of affordable rental units within a jurisdiction, the board of
supervisors  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.  
   (a) The Ellis Act was enacted in 1985 by the Legislature after the
California Supreme Court found that landlords do not have the right
to evict tenants to go out of the business of being a landlord. 

   (b) Having suffered a mortgage crisis, foreclosure crisis, and the
loss of jobs and wages, local governments have had little
flexibility with limiting the abuses that are occurring subsequent to
the enactment of the Ellis Act.  
   (c) Current public policy reflects a growing trend towards local
control. Examples include realignment of corrections and social
services, the Local Control Funding Formula in education, and local
housing element requirements.  
   (d) Allowing local jurisdictions the flexibility to voluntarily
suspend Ellis Act evictions will allow participating jurisdictions to
reign in Ellis Act abuses that are preventing these jurisdictions
from meeting their supply of affordable housing.  
   (f) 
    (e)  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 1161.2 of the   Code of
Civil Procedure   is amended to read: 
   1161.2.  (a) The clerk may allow access to limited civil case
records filed under this chapter, including the court file, index,
and register of actions, only 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) To any person by order of the court, which may be granted ex
parte, on a showing of good cause.
   (5) Except as provided in paragraph (6), to any other person 60
days after the complaint has been filed, unless a defendant prevails
in the action within 60 days of the filing of the complaint, in which
case the clerk may not allow access to any court records in the
action, except as provided in paragraphs (1) to (4), inclusive.
   (6)  (   A)    In the case of a
complaint involving residential property based on Section 1161a as
indicated in the caption of the complaint, as required in subdivision
(c) of Section 1166, to any other person, if 60 days have elapsed
since the complaint was filed with the court, and, as of that date,
judgment against all defendants has been entered for the plaintiff,
after a trial. If judgment is not entered under the conditions
described in this paragraph, the clerk shall not allow access to any
court records in the action, except as provided in paragraphs (1) to
(4), inclusive. 
   (B) Notwithstanding subparagraph (A), in the case of a complaint
involving residential property described in Section 7060.6 of the
Government Code, as indicated in the caption of the complaint, as
required in subdivision (b) of Section 7060.6 of the Government Code,
the clerk shall not allow access to any court records in the action,
except as provided in paragraphs (1) to (4), inclusive. 
   (b) For purposes of this section, "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 subdivision (a).
   (c) Upon the filing of any case so restricted, the court clerk
shall mail notice to each defendant named in the action. The notice
shall be mailed to the address provided in the complaint. The notice
shall contain a statement that an unlawful detainer complaint
(eviction action) has been filed naming that party as a defendant,
and that access to the court file will be delayed for 60 days except
to a party, an attorney for one of the parties, or any other person
who (1) provides to the clerk the names of at least one plaintiff and
one defendant in the action and provides to the clerk the address,
including any applicable apartment, unit, or space number, of the
subject premises, or (2) provides to the clerk the name of one of the
parties in the action or the case number and can establish through
proper identification that he or she lives at the subject premises.
The notice shall also contain a statement that access to the court
index, register of actions, or other records is not permitted until
60 days after the complaint is filed, except pursuant to an order
upon a showing of good cause therefor. The notice shall contain on
its face the following information:
   (1) The name and telephone number of the county bar association.
   (2) The name and telephone number of any entity that requests
inclusion on the notice and demonstrates to the satisfaction of the
court that it has been certified by the State Bar as a lawyer
referral service and maintains a panel of attorneys qualified in the
practice of landlord-tenant law pursuant to the minimum standards for
a lawyer referral service established by the State Bar and Section
6155 of the Business and Professions Code.
   (3) The following statement:

   "The State Bar of California certifies lawyer referral services in
California and publishes a list of certified lawyer referral
services organized by county. To locate a lawyer referral service in
your county, go to the State Bar's website at www.calbar.ca.gov or
call 1-866-442-2529."

   (4) The name and telephone number of an office or offices funded
by the federal Legal Services Corporation or qualified legal services
projects that receive funds distributed pursuant to Section 6216 of
the Business and Professions Code that provide legal services to
low-income persons in the county in which the action is filed. The
notice shall state that these numbers may be called for legal advice
regarding the case. The notice shall be issued between 24 and 48
hours of the filing of the complaint, excluding weekends and
holidays. One copy of the notice shall be addressed to "all occupants"
and mailed separately to the subject premises. The notice shall not
constitute service of the summons and complaint.
   (d) Notwithstanding any other provision of law, the court shall
charge an additional fee of fifteen dollars ($15) for filing a first
appearance by the plaintiff. This fee shall be added to the uniform
filing fee for actions filed under this chapter.
   (e) This section does not apply to a case that seeks to terminate
a mobilehome park tenancy if the statement of the character of the
proceeding in the caption of the complaint clearly indicates that the
complaint seeks termination of a mobilehome park tenancy.
   SEC. 2.   SEC. 3.   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
 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   by an unlawful detainer
proceeding, the owner shall state the following in the caption of the
complaint:  
   "Civil Action Described in Section 7060.6 of the Government Code."

    (b)     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, 
 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 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.   SEC. 4.   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,
  public entity, as defined in Section 811.2, finds t
  hat the prohibition of Section 7060 decreases the total
number of affordable rental units within a jurisdiction,  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   lease  .