BILL ANALYSIS                                                                                                                                                                                                    



                                                                    AB 1522


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          Date of Hearing:  April 14, 2015


                           ASSEMBLY COMMITTEE ON JUDICIARY


                                  Mark Stone, Chair


          AB 1522  
          (Committee on Judiciary) - As Introduced March 10, 2015


          SUBJECT:  UNLAWFUL DETAINER: NUISANCE: PILOT PROGRAM EVALUATION


          KEY ISSUE:  SHOULD THE TIME allotted to THE CALIFORNIA RESEARCH  
          BUREAU TO COMPLETE THE 2016 and 2018 EVALUATION REPORT FOR the  
          nuisance EVICTION PILOT PROGRAMs BE EXTENDED FROM 60 DAYS TO 90  
          DAYS?


                                      SYNOPSIS


          Under existing law, the California Research Bureau is required  
          to submit a report to the Senate and Assembly Committees on  
          Judiciary once on or before March 20, 2016, and once on or  
          before March 20, 2018, that evaluates the merits of the nuisance  
          eviction pilot programs established under Civil Code Sections  
          3485 and 3486.  The purpose of the report is to assist the  
          Legislature in determining whether to continue those pilot  
          programs past their current sunset date of January 1, 2019.  The  
          data that CRB needs to complete its report is not required to be  
          submitted by participating cities until January 20, 2016, and  
          January 20, 2018, respectively.  This leaves a total of 60 days  
          for the CRB to complete its report - fewer if cities are delayed  
          in submitting their final complete data.  This non-controversial  
          Committee bill would simply provide the CRB with an additional  








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          30 days to complete their evaluation report in 2016 and 2018.   
          The excellent quality of CRB's previous reports on this pilot  
          program indicate their professionalism and commitment to  
          producing thorough reports, and suggest that a 30-day extension  
          is deserved and will only help improve the evaluation.  There is  
          no known opposition to this bill.


          SUMMARY:  Provides an additional 30 days for the California  
          Research Bureau (CRB) to complete a pilot program evaluation  
          report.  Specifically, this bill requires the CRB to submit a  
          brief report to the Senate and Assembly Committees on Judiciary  
          once on or before April 20, 2016 (instead of March 20, 2016) and  
          once on or before April 20, 2018 (instead of March 20, 2018)  
          evaluating the merits of the nuisance eviction programs  
          established under Civil Code Sections 3485 and 3486.5, and  
          summarizing the information reported to the CRB by cities  
          participating in those programs.


          EXISTING LAW:   


          1)Establishes a pilot program that, until January 1, 2019,  
            authorizes city attorneys in participating jurisdictions to  
            bring eviction proceedings against tenants for committing  
            nuisance violations involving unlawful weapons and ammunition.  
             (Civil Code Section 3485.  All further references are to this  
            code unless otherwise stated.)


          2)Establishes a pilot program that, until January 1, 2019,  
            authorizes city attorneys in participating jurisdictions to  
            bring eviction proceedings against tenants for committing  
            nuisance violations involving controlled substances.  (Section  
            3486.)


          3)Requires participating cities to annually report specified  








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            information to the CRB on or before January 20 of each year.   
            (Sections 3485(g)(2); Section 3486.5(b)(2).)


          4)Requires the CRB to 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 reported to the Bureau by participating cities and  
            evaluating the merits of the pilot programs. Further  
            authorizes the CRB to combine evaluation of both programs into  
            a single report.  (Section 3486.5(b)(2).)


          FISCAL EFFECT:  As currently in print this bill is keyed  
          non-fiscal.


          COMMENTS:  Under existing law, the California Research Bureau is  
          required to submit a report to the Senate and Assembly  
          Committees on Judiciary once on or before March 20, 2016, and  
          once on or before March 20, 2018, that evaluates the merits of  
          the nuisance eviction pilot programs established under Civil  
          Code Sections 3485 and 3486.  The purpose of the report is to  
          assist the Legislature in determining whether to continue those  
          pilot programs past their current sunset date of January 1,  
          2019.  


          As part of their evaluation, the report summarizes the  
          information reported to the CRB by the various cities  
          participating in those programs.  Under existing law, the  
          participant cities exercising the authority granted to them  
          under the pilot programs must report program data to CRB for the  
          previous calendar year by January 20 of the following year.   
          Sections 3485 and 3486.5 specify over two dozen data items that  
          must be reported to the Bureau, describing the characteristics  
          of the tenants subject to eviction as well as tracking the  
          various actions taken by the city attorney, landlord, court and  
          tenants as they relate to notices and evictions carried out  








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          pursuant to the program.


          Current law requires the CRB to complete the combined evaluation  
          report and submit it to the Committee on or before March 20 -  
          just sixty days removed from the deadline for reporting data  
          from the cities.  If for some reason the cities are late in  
          reporting their data by that deadline, it has the effect of  
          reducing the amount of time that CRB actually has the data that  
          it needs to analyze and complete the evaluation report.  


          This bill would extend the deadline that the CRB must submit its  
          2016 and 2018 reports to the Legislature by 30 days in each of  
          those years.  Instead of a March 20 due date in each of those  
          years, the CRB would have until April 20 to submit its report.   
          This Committee's staff believes that an April 20 deadline still  
          provides sufficient time for the Committee to consider the  
          findings in the report and act upon it during that Legislative  
          session, if desired.  In addition, the superb quality of past  
          reports authored by CRB signal their professionalism and  
          commitment to producing a thorough report, and suggest that a  
          30-day extension is deserved and will only help improve the  
          evaluation.


          REGISTERED SUPPORT / OPPOSITION:




          Support


          None on file












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          Opposition


          None on file




          Analysis Prepared by:Anthony Lew / JUD. / (916) 319-2334