Amended in Assembly March 30, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2391

Introduced by Assembly Member Steinorth

February 18, 2016

An act to amend Sections 527.11 and 527.12 of the Code of Civil Procedure, relating to residential property.

LEGISLATIVE COUNSEL’S DIGEST

AB 2391, as amended, Steinorth. Residential property: possession by declaration.

Until January 1, 2018, existing law permits an owner of specified residential property in the Cities of Palmdale and Lancaster in the County of Los Angeles or the City of Ukiah in the County of Mendocino to register vacant real property with the local law enforcement agency and to execute begin insert , under penalty of perjury, end insert a Declaration of Ownership of Residential Real Property that may be filed with the local law enforcement agency of the jurisdiction in which the property is located. Existing law requires the local law enforcement agency with which the property is registered to respond as soon as practicable after being notified that an unauthorized person has been found on the property and take specified action, including requiring a person who is found on the property to produce written authorization to be on the property or other evidence demonstrating the person’s right to possession, and notifying any person who does not produce that authorization or other evidence that the owner or owner’s agency may seek to obtain a court order and that the person will be subject to arrest for trespass if he or she is subsequently found on the property in violation of that order.

This bill would begin delete repeal the January 1, 2018, end delete begin insert extend the end insert sunset date for these begin delete provisions. end delete begin insert provisions until January 1, 2020. end insert The bill would also make its provisions applicable to begin delete all cities and counties that adopt end delete begin insert the County of San Bernardino and its cities, if the county or city adopts end insert an ordinance or resolution indicating the intent of the city or county to participate, as specified.

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By extending the sunset date, this bill would impose a state-mandated local program by extending the time in which cities currently subject to the program must continue to comply and by expanding the scope of the crime of perjury.

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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.

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This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

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With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

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

SECTION 1.  

Section 527.11 of the Code of Civil Procedure
is amended to read:

527.11.  

(a) The owner or owner’s agent of vacant real property
may register the property with the local law enforcement agency
using the form contained in subdivision (a) of Section 527.12.

(1) The registration shall be signed under penalty of perjury and
state that the property is vacant and is not authorized to be occupied
by any person.

(2) The registration shall be accompanied with a statement
providing the name, address, and telephone number at which the
owner can be contacted within a 24-hour period and a statement
that either the law enforcement agency or a licensed private security
services company has been retained to comply with the inspection
and reporting provisions of this section, together with a copy of
any agreement or contract to perform those services.

(b) The owner or the owner’s agent shall register the vacant
property no later than three days after the owner or owner’s agent
learns that the property is vacant.

(c) The owner or owner’s agent, immediately after authorizing
a person to occupy the vacant property, shall do both of the
following:

(1) Issue a written authorization to the person authorized to
occupy the property.

(2) Notify the law enforcement agency where the property is
registered and terminate the registration.

(d)  The owner or the owner’s agent, immediately upon the sale
of the vacant property, shall notify the law enforcement agency
where the property is registered that the property has been sold,
and to terminate the registration.

(e) The licensed private security services company or law
enforcement agency selected by the owner or owner’s agent
pursuant to this section shall do both of the following:

(1) Inspect the vacant property not less than once every three
days.

(2) Immediately notify the law enforcement agency with which
the property is registered if any unauthorized person is found on
the property.

(f) The law enforcement agency where the property is registered
shall respond as soon as practicable after being notified pursuant
to paragraph (2) of subdivision (e) that an unauthorized person is
found on the property. The responding officer shall do all of the
following:

(1) Verify that the property was inspected within the last three
days pursuant to paragraph (2) of subdivision (e) and found to be
vacant.

(2) Ascertain the identity of any person who is found on the
property.

(3) Require a person who is found on the property to produce
written authorization to be on the property or other evidence
demonstrating the person’s right to possession.

(4) Notify any person who does not produce written
authorization or other evidence pursuant to paragraph (3) that the
owner or owner’s agent may seek to obtain a court order pursuant
to subdivision (g) and that the person will be subject to arrest for
trespass if the person is subsequently found on the property in
violation of that order.

(5) Verify with the owner or the owner’s agent that the property
is vacant.

(g) (1) The owner or owner’s agent of vacant real property may
file an action for a temporary restraining order and injunctive relief
against any person who is found on the vacant property not less
than 48 hours after that person has been notified pursuant to
paragraph (4) of subdivision (f). A person subject to a temporary
restraining order or an injunction obtained pursuant to this
subdivision is subject to arrest and imprisonment for trespass
pursuant to Section 602.5 of the Penal Code for failing to vacate
the property pursuant to the temporary restraining order or
injunction and for civil contempt for violating a court order.

(2) The summons and complaint in an action brought pursuant
to this subdivision may be served personally or by posting a copy
of the summons and complaint at a prominent location on the
property and mailing a copy of the summons and complaint to the
property’s address. Posting and mailing a copy of the summons
and complaint shall be sufficient service even if the mailed copy
is returned as undeliverable if the owner or owner’s agent has proof
of the mailing.

(3) The court may order a hearing on a temporary restraining
order within three days following service of the summons and
complaint. The date, time, and location of the hearing may be
included with the summons and complaint or may be separately
served on any person occupying the property in the manner set out
in paragraph (2).

(4) The court may include in any temporary restraining order
granted pursuant to this subdivision an order directing that the
property be vacated in not less than 48 hours. The order may be
enforced by the local law enforcement agency where the property
is registered or the county sheriff.

(5) The disposition of any personal property of a person subject
to a temporary restraining order or an injunction pursuant to this
subdivision shall be governed by the procedures set forth in Chapter
5 (commencing with Section 1980) of Title 5 of Part 4 of Division
3 of the Civil Code. The person subject to the temporary restraining
order or injunction shall be deemed to be a former tenant of the
property for purposes of the disposition of personal property only.

(h) This section shall not be construed to limit an owner from
seeking other legal remedies to have a person removed from the
vacant property pursuant to any other law.

(i) A temporary restraining order or injunction ordering a person
to vacate and remove personal property pursuant to this section
shall not constitute a forcible entry under the provisions of Section
1159 of the Code of Civil Procedure.

(j) The local city council or board of supervisors shall establish
fees for registering a vacant property with the local law
enforcement agency and for the conduct of inspections by the law
enforcement agency pursuant to this section, including all activities
conducted by the law enforcement agency pursuant to subdivision
(f).

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(k) This section applies only to one- to four-unit residences in
the following cities and counties:

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(1) In the Cities of Palmdale and Lancaster in the County of
Los Angeles.

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(2) In the City of Ukiah in the County of Mendocino.

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(3) (A) Subject to subparagraph (B), in the County of San
Bernardino and any city within the County of San Bernardino.

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(k) A city or county

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begin insert (B) end insert begin insert   end insert begin insert Neither the County of San Bernardino nor any city within
the county end insert is begin delete not end delete subject to the requirements of this section until
the legislative body of the city or county adopts an ordinance or
resolution indicating its intent to participate and to comply with
the requirements of this section. A participating city or county may
withdraw its participation at any time by adopting a subsequent
ordinance or resolution of the legislative body indicating the intent
of the city or county to withdraw its participation.

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(l) For purposes of this section, “vacant real property” is limited
to one- to four-unit residences.

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(l) This section shall remain in effect only until January 1, 2020,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2020, deletes or extends that date.

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SEC. 2.  

Section 527.12 of the Code of Civil Procedure is
amended to read:

527.12.  

(a) A property owner, or an agent of the property
owner, may execute a “Declaration of Ownership” that includes
language substantially similar to the language below and file it
with the local law enforcement agency of the jurisdiction in which
the property is located. If the property owner, or the agent of the
property owner, files the declaration with the local law enforcement
agency, he or she shall also post the declaration on the unoccupied
residential property listed in the declaration.

“DECLARATION OF OWNERSHIP OF RESIDENTIAL REAL
PROPERTY

I, ____________________, declare and state: I make this
declaration based upon my own personal knowledge.

1. I am the owner___, or the agent of the owner___(check one),
of the residential property located at _____________________,
California (“Property”).

2. Submitted with this declaration, and incorporated herein by
reference, is a true and correct copy of the deed by which I obtained
ownership of the Property.

3. Since obtaining ownership of the Property, no ownership
interest in the Property has been conveyed or transferred to any
other person or entity.

4. At the time of obtaining ownership of the Property, no person
was occupying the Property and no ownership interest or right of
possession in the Property has been conveyed or transferred to any
other person or entity.

5. As of the present date, there are no persons authorized by me
or my agent to reside within the Property. Any persons residing
on this Property are doing so without any express or implied
authorization from me or my agent.

6. I have not entered into any form of lease arrangement, rental
agreement, or given any consent whatsoever to any persons to
reside within the Property.

7. I will advise the local law enforcement agency if there is any
change in the status of the Property and an occupancy is authorized
by me or my agent.

8. I declare under penalty of perjury that the foregoing is true
and correct.

EXECUTED on _________________________________, at
_______________________, California”

(b) Notwithstanding Section 47 of the Civil Code, a property
owner, or agent thereof, who files a declaration pursuant to this
section that includes false information regarding the right to possess
the property is liable to any person who, as a result of the
declaration, is caused to vacate the property, for reasonable
attorney’s fees, special damages not to exceed begin delete $2,000, end delete begin insert two
thousand dollars ($2,000), end insert and all damages resulting from the
person having to vacate the property.

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(c) This section applies only to a city or county that has adopted
an ordinance or resolution indicating the intent of the city or county
to participate and to comply with the requirements of Section
527.11, as described in subdivision (k) of Section 527.11.

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(d) This section only applies to real property that is a one- to
four-unit residence.

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(c) This section applies only to one- to four-unit residences in
the following cities and counties:

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(1) In the Cities of Palmdale and Lancaster in the County of
Los Angeles.

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(2) In the City of Ukiah in the County of Mendocino.

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(3) In the County of San Bernardino and any city within the
County of San Bernardino, provided that the city or county has
adopted an ordinance or resolution indicating the intent of the
city or county to participate and to comply with the requirements
of Section 527.11, as described in subparagraph (B) of paragraph
(3) of subdivision (k) of Section 527.11.

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(d) This section shall remain in effect only until January 1, 2020,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2020, deletes or extends that date.

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begin insert SEC. 3. end insert   

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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 unique circumstances in the County of
San Bernardino and its cities make it necessary to first establish
this program in a limited setting to analyze its effectiveness before
considering an extension to other local jurisdictions.

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begin insert SEC. 4 end insert begin insert . end insert   

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No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for certain
costs that may be incurred by a local agency or school district
because, in that regard, this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.

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However, if the Commission on State Mandates determines that
this act contains other 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.

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