BILL ANALYSIS
------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 2712|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: AB 2712
Author: Leno (D)
Amended: 8/8/06 in Senate
Vote: 21
SENATE JUDICIARY COMMITTEE : 4-0, 6/27/06
AYES: Dunn, Escutia, Harman, Kuehl
NO VOTE RECORDED: Morrow
ASSEMBLY FLOOR : 75-0, 5/4/06 (Consent) - See last page for
vote
SUBJECT : Housing: sex offenders
SOURCE : California Housing Council
DIGEST : This bill provides that no duty shall arise on
the part of the lessor solely for renting residential real
property or a mobilehome park or manufactured housing
community, to a person who is required to register as a sex
offender in this state or has been convicted as a sex
offender in another jurisdiction. The bill also provides
that upon notifying tenants of the existence of the Megan's
Law Website which lists the criminal history and address or
community of residence of sex offenders in California, the
lessor of the real property is not required, and has no
duty in law to provide a lessee or transferee of
residential real property, any additional information
regarding proximity of sex offenders other than that
notice. The bill makes related legislative findings and
CONTINUED
AB 2712
Page
2
declarations, and would further specify that the delivery
of the notice to the lessee or transferee of the real
property does not create a special relationship between the
lessor and the lessee or transferee. The bill also
specifies that the current authorization to use the Megan's
Law information to warn a person at risk is discretionary,
and does not create a duty to use the information.
ANALYSIS : Existing law requires persons who have been
convicted of specified sex offenses to register as a sex
offender with the Department of Justice (DOJ) and local law
enforcement agencies in which they reside, and requires the
department to make certain information regarding registered
sex offenders available on the Megan's Law Website.
Existing law prohibits the use of information disclosed on
the Internet website for specified discriminatory purposes,
including housing and accommodations, and provides that
information disclosed may only be used to protect persons
at risk.
Existing law provides that a lease or rental agreement and
every contract for sale of real property to a registered
sex offender contain a notice regarding the availability of
Megan's Law information from a local law enforcement agency
or on the DOJ Megan's Law website, and generally provides
that upon delivery of this notice to the lessee or
transferee of real property, the lessor, seller, or broker
is not required to provide any additional information other
than that regarding proximity of sex offenders.
This bill instead provides that upon delivery of this
notice, the lessor of the real property is not required,
and has no duty in law to provide a lessee or transferee of
residential real property, any additional information
regarding proximity of sex offenders other than that
notice. The bill also specifies that the delivery of the
notice to the lessee or transferee of the real property
does not create a special relationship between the lessor
and the lessee or transferee.
The bill defines:
1."lessor" to include all of the following:
CONTINUED
AB 2712
Page
3
A. An owner, landlord, seller, or broker of
residential property, or his or her agent, or any
agent of the transferor or transferee of residential
property.
B. An owner or landlord of a mobilehome park or
manufactured housing community, or his or her agent.
2."lessee" to include all persons who hire dwelling units
located within this state, as provided in Section 1940,
and all persons who hire a site or lot within a
mobilehome park or manufactured housing community.
This bill further provides that no duty shall arise for a
lessor solely for renting residential real property or a
mobilehome park or manufactured housing community, to a
person who is required to register as a sex offender in
this state or has been convicted as a sex offender in
another jurisdiction. It would declare the Legislature's
intent with respect to the lessor's rights and obligations
when property is rented or leased to registered sex
offenders.
This bill also specifies that the authorization to use the
Megan's Law information is discretionary, and does not
create a duty to use the information.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 8/8/06)
California Housing Council (source)
Berkeley Property Owners Association
Minority Property Owners Association
North Valley Apartment Owners Association
Santa Barbara Rental Property Owners Association
Western Center on Law and Poverty
Western Manufactured Housing Communities Association
ARGUMENTS IN SUPPORT : Western Center on Law and Poverty
writes, "Your bill would clarify that a landlord has no
special duty with regard to renting property to a tenant
CONTINUED
AB 2712
Page
4
who is required to register on the Megan's Law database.
It also clarifies that the general duty required of
landlords to provide safe housing remain in place; thus a
landlord can evict and make other housing decisions based
on conduct, rather than status.
"These clarifications will help to ensure that there will
not be a further concentration of offenders in lower-rent
apartments and single-room occupancy hotels, which would
put poor, latch-key children at a greater risk than
better-off children.
"We understand that higher income tenants?with easy access
to the Megan's Law database already demand that their
landlords refuse to rent or evict offenders.
Unfortunately, this is a zero-sum game: the offender has to
live somewhere. Where are they likely to go? To
lower-rent housing, where the tenants lack the equipment
and time to check whether the new tenant is registered. By
clarifying a landlord's duties, your bill would inhibit the
wholesale shifting of offenders to poor neighborhoods.
"Your bill reaches a delicate balance in this very
difficult and vexing situation."
ASSEMBLY FLOOR :
AYES: Aghazarian, Arambula, Baca, Bass, Benoit, Berg,
Bermudez, Blakeslee, Bogh, Calderon, Canciamilla, Chavez,
Chu, Cogdill, Cohn, Coto, Daucher, De La Torre, DeVore,
Dymally, Emmerson, Evans, Frommer, Goldberg, Hancock,
Harman, Jerome Horton, Shirley Horton, Houston, Huff,
Jones, Karnette, Keene, Klehs, Koretz, La Malfa, Laird,
Leno, Leslie, Levine, Lieber, Lieu, Liu, Matthews, Maze,
McCarthy, Montanez, Mountjoy, Mullin, Nakanishi, Nation,
Nava, Negrete McLeod, Niello, Oropeza, Parra, Pavley,
Plescia, Richman, Ridley-Thomas, Sharon Runner, Ruskin,
Saldana, Salinas, Strickland, Torrico, Tran, Umberg,
Vargas, Villines, Walters, Wolk, Wyland, Yee, Nunez
NO VOTE RECORDED: Chan, Garcia, Haynes, La Suer, Spitzer
RJG:nl 8/8/06 Senate Floor Analyses
CONTINUED
AB 2712
Page
5
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED