BILL ANALYSIS Ó
AB 1522
Page 1
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
AB 1522
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Opposition
None on file
Analysis Prepared by:Anthony Lew / JUD. / (916) 319-2334