BILL NUMBER: SB 548 CHAPTERED
BILL TEXT
CHAPTER 537
FILED WITH SECRETARY OF STATE SEPTEMBER 29, 1997
APPROVED BY GOVERNOR SEPTEMBER 28, 1997
PASSED THE SENATE SEPTEMBER 5, 1997
PASSED THE ASSEMBLY SEPTEMBER 2, 1997
AMENDED IN ASSEMBLY AUGUST 28, 1997
AMENDED IN ASSEMBLY AUGUST 7, 1997
AMENDED IN ASSEMBLY JULY 21, 1997
AMENDED IN ASSEMBLY JULY 10, 1997
AMENDED IN SENATE MAY 20, 1997
AMENDED IN SENATE MAY 1, 1997
INTRODUCED BY Senator Solis
(Coauthors: Assembly Members Ortiz and Shelley)
FEBRUARY 24, 1997
An act to add Section 1941.3 to the Civil Code, relating to civil
law.
LEGISLATIVE COUNSEL'S DIGEST
SB 548, Solis. Residential dwellings.
Existing law requires the lessor of a building intended for human
occupation to maintain the building in a condition fit for human
occupation, absent an agreement in which the lessee undertakes to
improve, repair, or maintain all or stipulated portions of the
building. Existing law provides that a building is untenantable if
it lacks prescribed affirmative standard characteristics, such as
floors, stairways, and railings maintained in good repair and
effective waterproofing and weather protection of roof and exterior
walls.
This bill would require a landlord of a building intended for
human habitation, on and after July 1, 1998, to install and maintain
locks on doors and security or locking devices on windows, as
specified, and to install specified locks on doors to common areas.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1941.3 is added to the Civil Code, to read:
1941.3. (a) On and after July 1, 1998, the landlord, or his or
her agent, of a building intended for human habitation shall do all
of the following:
(1) Install and maintain an operable dead bolt lock on each main
swinging entry door of a dwelling unit. The dead bolt lock shall be
installed in conformance with the manufacturer's specifications and
shall comply with applicable state and local codes including, but not
limited to, those provisions relating to fire and life safety and
accessibility for the disabled. When in the locked position, the
bolt shall extend a minimum of 13/16 of an inch in length beyond the
strike edge of the door and protrude into the doorjamb.
This section shall not apply to horizontal sliding doors.
Existing dead bolts of at least one-half inch in length shall satisfy
the requirements of this section. Existing locks with a thumb-turn
deadlock that have a strike plate attached to the doorjamb and a
latch bolt that is held in a vertical position by a guard bolt, a
plunger, or an auxiliary mechanism shall also satisfy the
requirements of this section. These locks, however, shall be
replaced with a dead bolt at least 13/16 of an inch in length the
first time after July 1, 1998, that the lock requires repair or
replacement.
Existing doors which cannot be equipped with dead bolt locks shall
satisfy the requirements of this section if the door is equipped
with a metal strap affixed horizontally across the midsection of the
door with a dead bolt which extends 13/16 of an inch in length beyond
the strike edge of the door and protrudes into the doorjamb. Locks
and security devices other than those described herein which are
inspected and approved by an appropriate state or local government
agency as providing adequate security shall satisfy the requirements
of this section.
(2) Install and maintain operable window security or locking
devices for windows that are designed to be opened. Louvered
windows, casement windows, and all windows more than 12 feet
vertically or six feet horizontally from the ground, a roof, or any
other platform are excluded from this subdivision.
(3) Install locking mechanisms that comply with applicable fire
and safety codes on the exterior doors that provide ingress or egress
to common areas with access to dwelling units in multifamily
developments. This paragraph does not require the installation of a
door or gate where none exists on January 1, 1998.
(b) The tenant shall be responsible for notifying the owner or his
or her authorized agent when the tenant becomes aware of an
inoperable dead bolt lock or window security or locking device in the
dwelling unit. The landlord, or his or her authorized agent, shall
not be liable for a violation of subdivision (a) unless he or she
fails to correct the violation within a reasonable time after he or
she either has actual notice of a deficiency or receives notice of a
deficiency.
(c) On and after July 1, 1998, the rights and remedies of tenant
for a violation of this section by the landlord shall include those
available pursuant to Sections 1942, 1942.4, and 1942.5, an action
for breach of contract, and an action for injunctive relief pursuant
to Section 526 of the Code of Civil Procedure. Additionally, in an
unlawful detainer action, after a default in the payment of rent, a
tenant may raise the violation of this section as an affirmative
defense and shall have a right to the remedies provided by Section
1174.2 of the Code of Civil Procedure.
(d) A violation of this section shall not broaden, limit, or
otherwise affect the duty of care owed by a landlord pursuant to
existing law, including any duty that may exist pursuant to Section
1714. The delayed applicability of the requirements of subdivision
(a) shall not affect a landlord's duty to maintain the premises in
safe condition.
(e) Nothing in this section shall be construed to affect any
authority of any public entity that may otherwise exist to impose any
additional security requirements upon a landlord.
(f) This section shall not apply to any building which has been
designated as historically significant by an appropriate local,
state, or federal governmental jurisdiction.
(g) Subdivisions (a) and (b) shall not apply to any building
intended for human habitation which is managed, directly or
indirectly, and controlled by the Department of Transportation. This
exemption shall not be construed to affect the duty of the
Department of Transportation to maintain the premises of these
buildings in a safe condition or abrogate any express or implied
statement or promise of the Department of Transportation to provide
secure premises. Additionally, this exemption shall not apply to
residential dwellings acquired prior to July 1, 1997, by the
Department of Transportation to complete construction of state
highway routes 710 and 238 and related interchanges.