Amended in Senate August 4, 2014

Amended in Senate July 1, 2014

Amended in Senate May 21, 2014

Amended in Assembly April 10, 2014

Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2485

Introduced by Assembly Members Dickinson and Ridley-Thomas

February 21, 2014

An act to amend Section 3486 of, and to add and repeal Section 3486.5 of the Civil Code, relating to civil law, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL’S DIGEST

AB 2485, as amended, Dickinson. Unlawful detainer: nuisance: controlled substances.

Existing law establishes the criteria for determining when a tenant is guilty of unlawful detainer, including conduct involving illegally selling a controlled substance, or the commission of an offense involving the unlawful possession or use of illegal weapons or ammunition or the use of the premises to further that purpose. Any of those acts may be deemed to constitute committing a nuisance on the premises. Existing law authorizes, for real property situated in the City of Los Angeles only, a city prosecutor or city attorney to file an action for unlawful detainer in the name of the people against any person who is in violation of the nuisance or the illegal purpose provisions of the unlawful detainer provision described above, with respect to controlled substances.

This bill would, until January 1, 2019, extend the unlawful detainer provisions above regarding illegally selling controlled substances, applicable only to real property situated in the City of Los Angeles, to also include real property situated in the County of Sacramento and the City of Oakland. begin delete The bill would prohibit an unlawful detainer action pursuant to these provisions if the harm to the tenant clearly outweighs the benefit to the community. end delete begin insert The bill would require a court hearing an unlawful detainer action pursuant to these provisions to enter a specified order depending on whether grounds for an eviction or a partial eviction have been established. The court would have discretion to dismiss the action or stay the execution of an order of eviction 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. end insert The bill would also, until January 1, 2019, require the County of Sacramento and the City of Oakland to comply with specified reporting requirements to the California Research Bureau, on or before January 20 annually, regarding prosecutions and evictions carried out under these provisions. The bill would require these jurisdictions to make a good faith effort to comply with the reporting requirements in order to bring unlawful detainer actions pursuant to these provisions. By establishing new reporting requirements for local officials, this bill would impose a state-mandated local program.

This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Sacramento and the City of Oakland.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

This bill would declare that it is to take effect immediately as an urgency statute.

Vote: ²⁄₃. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Section 3486 of the Civil Code is amended to
read:

3486.  

(a) To abate the nuisance caused by illegal conduct
involving a controlled substance purpose on real property, the city
prosecutor or city attorney may file, in the name of the people, an
action for unlawful detainer against any person who is in violation
of the nuisance or illegal purpose provisions of subdivision 4 of
Section 1161 of the Code of Civil Procedure, with respect to that
controlled substance purpose. In filing this action, which shall be
based upon an arrest report by a law enforcement agency, reporting
an offense committed on the property and documented by the
observations of a police officer, the city prosecutor or city attorney
shall use the procedures set forth in Chapter 4 (commencing with
Section 1159) of Title 3 of Part 3 of the Code of Civil Procedure,
except that in cases filed under this section, the following also
shall apply:

(1) (A) Prior to filing an action pursuant to this section, the city
prosecutor or city attorney shall give 30 calendar days’ written
notice to the owner, requiring the owner to file an action for the
removal of the person who is in violation of the nuisance or illegal
purpose provisions of subdivision 4 of Section 1161 of the Code
of Civil Procedure with respect to a controlled substance purpose.

(B) This notice shall include sufficient documentation
establishing a violation of the nuisance or illegal purpose provisions
of subdivision 4 of Section 1161 of the Code of Civil Procedure
and an advisement to the owner of the assignment provision
contained in subparagraph (D). The notice shall be served upon
the owner and the tenant in accordance with subdivision (e).

(C) The notice to the tenant shall, in at least 14-point bold type,
meet the following requirements:

(i) The notice shall contain the following language:

 

“(Date)

 

(Name of tenant)

(Address of tenant)

 

Re: Civil Code Section 3486

 

Dear (name of tenant):

 

This letter is to inform you that an eviction action may soon be
filed in court against you for suspected drug activity. According
to state law, Civil Code Section 3486 provides for eviction of
persons engaging in such conduct, as described below.

 

(Name of police department) records indicate that you, (name
of arrestee), were arrested on (date) for violations of (list violations)
on (address of property).

 

A letter has been sent to the property owner(s) advising of your
arrest and the requirements of state law, as well as the landlord’s
option to assign the unlawful detainer action to the (name of city
attorney or prosecutor’s office).

 

A list of legal assistance providers is provided below. Please
note, this list is not exclusive and is provided for your information
only; the (name of city attorney or prosecutor’s office) does not
endorse or recommend any of the listed agencies.

 

Sincerely,

 

(Name of deputy city attorney or city prosecutor)

Deputy City (Attorney or Prosecutor)

 

Notice to Tenant: This notice is not a notice of eviction. You
should call (name of the city attorney or prosecutor pursuing the
action) at (telephone number) or a legal assistance provider to stop
the eviction action if any of the following is applicable:

(1) You are not the person named in this notice.

(2) The person named in the notice does not live with you.

(3) The person named in the notice has permanently moved.

(4) You do not know the person named in the notice.

(5) You want to request that only the person involved in the
nuisance be evicted, allowing the other residents to stay.

(6) You have any other legal defense or legal reason to stop the
eviction action.

A list of legal assistance providers is attached to this notice.
Some provide free legal assistance if you are eligible.”

 

(ii) The notice shall be provided to the tenant in English and,
as translated, in all of the languages identified in subdivision (a)
of Section 1632 of the Civil Code.

(D) The owner shall, within 30 calendar days of the mailing of
the written notice, either provide the city prosecutor or city attorney
with all relevant information pertaining to the unlawful detainer
case, or provide a written explanation setting forth any
safety-related reasons for noncompliance, and an assignment to
the city prosecutor or city attorney of the right to bring an unlawful
detainer action against the tenant.

(E) The assignment shall be on a form provided by the city
prosecutor or city attorney and may contain a provision for costs
of investigation, discovery, and reasonable attorney’s fees, in an
amount not to exceed six hundred dollars ($600). An owner shall
only be required to pay the costs or fees upon acceptance of the
assignment and the filing of the action for unlawful detainer by
the city prosecutor or city attorney.

(F) If the city prosecutor or city attorney accepts the assignment
of the right of the owner to bring the unlawful detainer action, the
owner shall retain all other rights and duties, including the handling
of the tenant’s personal property, following issuance of the writ
of possession and its delivery to and execution by the appropriate
agency.

(2) Upon the failure of the owner to file an action pursuant to
this section, or to respond to the city prosecutor or city attorney
as provided in paragraph (1), or having filed an action, if the owner
fails to prosecute it diligently and in good faith, the city prosecutor
or city attorney may file and prosecute the action, and join the
owner as a defendant in the action. This action shall have
precedence over any similar proceeding thereafter brought by the
owner, or to one previously brought by the owner and not
prosecuted diligently and in good faith. Service of the summons
and complaint upon the defendant owner shall be in accordance
with Sections 415.10, 415.20, 415.30, 415.40, and 415.50 of the
Code of Civil Procedure.

(3) If a jury or court finds the defendant tenant guilty of unlawful
detainer in a case filed pursuant to paragraph (2), the city
prosecutor or city attorney may be awarded costs, including the
costs of investigation and discovery and reasonable attorney’s fees.
These costs shall be assessed against the defendant owner, to whom
notice was directed pursuant to paragraph (1), and once an abstract
of judgment is recorded, it shall constitute a lien on the subject
real property.

(4) Nothing in this section shall prevent a local governing body
from adopting and enforcing laws, consistent with this article,
relating to drug abatement. Where local laws duplicate or
supplement this section, this section shall be construed as providing
alternative remedies and not preempting the field.

(5) Nothing in this section shall prevent a tenant from receiving
relief against a forfeiture of a lease pursuant to Section 1179 of
the Code of Civil Procedure.

(b) In any proceeding brought under this section, the court may,
upon a showing of good cause, issue a partial eviction ordering
the removal of any person, including, but not limited to, members
of the tenant’s household if the court finds that the person has
engaged in the activities described in subdivision (a). Persons
removed pursuant to this section may be permanently barred from
returning to or reentering any portion of the entire premises. The
court may further order as an express condition of the tenancy that
the remaining tenants shall not give permission to or invite any
person who has been removed pursuant to this subdivision to return
to or reenter any portion of the entire premises.

(c) For the purposes of this section, “controlled substance
purpose” means the manufacture, cultivation, importation into the
state, transportation, possession, possession for sale, sale,
furnishing, administering, or giving away, or providing a place to
use or fortification of a place involving, cocaine, phencyclidine,
heroin, methamphetamine, or any other controlled substance, in a
violation of subdivision (a) of Section 11350, Section 11351,
11351.5, 11352, or 11359, subdivision (a) of Section 11360, or
Section 11366, 11366.6, 11377, 11378, 11378.5, 11379, 11379.5,
11379.6, or 11383 of the Health and Safety Code.

(d) Notwithstanding subdivision (b) of Section 68097.2 of the
Government Code, a public entity may waive all or part of the
costs incurred in furnishing the testimony of a peace officer in an
unlawful detainer action brought pursuant to this section.

(e) The notice and documentation described in paragraph (1)
of subdivision (a) shall be given in writing and may be given either
by personal delivery or by deposit in the United States mail in a
sealed envelope, postage prepaid, addressed to the owner at the
address known to the public entity giving the notice, or as shown
on the last equalized assessment roll, if not known. Separate notice
of not less than 30 calendar days and documentation shall be
provided to the tenant in accordance with this subdivision. Service
by mail shall be deemed to be completed at the time of deposit in
the United States mail. Proof of giving the notice may be made by
a declaration signed under penalty of perjury by any employee of
the public entity which shows service in conformity with this
section.

begin delete

(f) A city prosecutor or city attorney shall not file an unlawful
detainer action against a person pursuant to this section if the harm
that the action would cause to that person clearly outweighs the
benefits to the community.

end delete begin insert

(f) In an unlawful detainer action filed pursuant to this section,
the court shall make one of the following orders:

end insert begin insert

(1) If the grounds for an eviction have not been established
pursuant to this section, the court shall dismiss, without prejudice,
the unlawful detainer action.

end insert begin insert

(2) If the grounds for an eviction have been established pursuant
to this section, the court shall do either of the following:

end insert begin insert

(A) Order that the tenant and all occupants be immediately
evicted from the property.

end insert begin insert

(B) Dismiss the unlawful detainer action with or without
prejudice or stay execution of an eviction order for a reasonable
length of time if the tenant establishes by clear and convincing
evidence that the immediate eviction would pose an extreme
hardship to the tenant and that this hardship outweighs the health,
safety, or welfare of the neighbors or surrounding community.
However, the court may not find an extreme hardship solely on
the basis on an economic hardship or the financial inability of the
tenant to pay for and secure other housing or lodging
accommodations.

end insert begin insert

(3) If the grounds for a partial eviction have been established
pursuant to subdivision (b), the court shall order that those persons
be immediately removed and barred from the property, but the
court may not order the tenancy be terminated.

end insert

(g) This section shall apply only in the County of Los Angeles
to any court having jurisdiction over unlawful detainer cases
involving real property situated in the City of Los Angeles.

(h) This section shall become operative on January 1, 2014,
only if the City of Los Angeles has regularly reported to the
California Research Bureau as required by this section as it read
during the period from January 1, 2010, to January 1, 2014,
inclusive. For purposes of this section, the City of Los Angeles
shall be deemed to have complied with this reporting requirement
if the 2013 report to the Legislature by the California Research
Bureau indicates that the City of Los Angeles has regularly reported
to the bureau.

SEC. 2.  

Section 3486.5 is added to the Civil Code, to read:

3486.5.  

(a) Notwithstanding subdivision begin delete (f) end delete begin insert (g) end insert of Section
3486, Section 3486 shall apply in the County of Sacramento, in
any court with jurisdiction over unlawful detainer cases involving
real property situated in the City of Sacramento and in the County
of Alameda in any court having jurisdiction over unlawful detainer
cases involving real property situated in the City of Oakland.

(b) (1) In a template provided by the California Research
Bureau, the city attorney and city prosecutor of the County of
Sacramento and the city attorney and city prosecutor of the City
of Oakland shall provide to the California Research Bureau the
following information pertaining to cases filed pursuant to Section
3486:

(A) The number of notices provided pursuant to paragraph (1)
of subdivision (a) of Section 3486.

(B) For each notice provided pursuant to paragraph (1) of
subdivision (a) of Section 3486, the following information:

(i) The name and age, as provided by the landlord, of each
person residing at the noticed address.

(ii) The racial or ethnic identity of the tenant against whom the
unlawful detainer is sought.

(iii) Whether the person has previously received a notice
pursuant to this section from the reporting city attorney or city
prosecutor, and if so, whether the tenant vacated or was evicted
as a result.

(iv) The date the initial notice was issued.

(C) Whether the tenant has previously been arrested (other than
an arrest that is the basis of this notice) for any of the offenses
specified in subdivision (c) of Section 3486.

(D) Whether, upon notice, the case was filed by the owner, and
if so, the filing date and case number.

(E) Whether the assignment was executed by the owner to the
city attorney or prosecutor.

(F) Whether 3-day, 30-day, or 60-day notices were issued by
the city attorney or city prosecutor, and if so, the date each was
issued.

(G) Whether the case was filed by the city attorney or city
prosecutor, and if so, the filing date and case number.

(H) Whether the owner is joined as a defendant pursuant to this
section.

(I) For the cases filed by an owner, the city attorney, or the city
prosecutor, the following information:

(i) If a judgment was entered, the date of the judgment, whether
the judgment ordered an eviction or partial eviction, and whether
the judgment was a default judgment, stipulated judgment, or
judgment following trial.

(ii) Whether the case was withdrawn or the tenant prevailed.

(iii) Whether there was another disposition, and the type of
disposition.

(iv) Whether the defendant was represented by counsel.

(v) Whether the case was a trial by the court or a trial by jury.

(vi) Whether an appeal was taken, and, if so, the result of the
appeal and the date of the result.

(vii) Whether a partial eviction was requested, and whether the
court ordered a partial eviction.

(J) For cases in which a notice was provided pursuant to
subdivision (a) of Section 3486, but no case was filed, the
following information:

(i) Whether a tenant voluntarily vacated subsequent to receiving
the notice, and if so, the date vacated.

(ii) Whether a tenant vacated a unit prior to the providing of the
notice, and if so, the date vacated.

(iii) Whether the notice provided pursuant to subdivision (a) of
Section 3486 was erroneously sent to the tenant. This shall include
a list of the reasons, if known, for the erroneously sent notice, such
as reliance on information on the suspected violator’s name or
address that was incorrect, a clerical error, or other reason.

(iv) Whether there was another resolution and the type of
resolution.

(K) The street address, city, and ZIP Code of residence where
the tenants relocated, to the extent known.

(L) Whether the tenant continued to engage in unlawful activity
at his or her new place of residence, to the extent known.

(2) (A)   Information compiled pursuant to this section shall be
reported annually to the California Research Bureau on or before
January 20.

(B) The California Research Bureau shall thereafter submit a
brief report to the Senate and Assembly Committees on Judiciary
once on or before March 20, 2016, and once on or before March
20, 2018, summarizing the information collected pursuant to this
section and evaluating the merits of the pilot programs established
by this section. The report for this section shall be submitted in
compliance with Section 9795 of the Government Code and may
be combined with the California Research Bureau report submitted
for the pilot program established by Section 3485. The 2018 report
shall indicate whether the City of Sacramento and the City of
Oakland have regularly reported to the bureau.

(3) Personally identifiable information submitted to the
California Research Bureau pursuant to this section shall be
confidential and shall not be publicly disclosed.

(c) A participating jurisdiction shall not be permitted to file, in
the name of the people, an action for unlawful detainer pursuant
to this section unless that jurisdiction has made a good faith effort
to collect and timely report all information to the California
Research Bureau required by subdivision (b).

(d) This section shall remain in effect only until January 1, 2019,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2019, deletes or extends that date.

SEC. 3.  

The Legislature finds and declares that a special law
is necessary and that a general law cannot be made applicable
within the meaning of Section 16 of Article IV of the California
Constitution because the City of Sacramento and the City of
Oakland have unique and historic roles in reporting data regarding
city attorney sponsored unlawful detainer actions and outcomes
to the California Research Bureau in assessing the effectiveness
of this program.

SEC. 4.  

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

SEC. 5.  

This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:

In order that the City of Sacramento and the City of Oakland
have all the tools they need for the protection of public safety at
the earliest time, it is necessary that the bill go into effect
immediately.