BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 2712|
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THIRD READING
Bill No: AB 2712
Author: Leno (D)
Amended: 8/22/06 in Senate
Vote: 21
SENATE JUDICIARY COMMITTEE : 4-0, 6/27/06
AYES: Dunn, Escutia, Harman, Kuehl
NO VOTE RECORDED: Morrow
ASSEMBLY FLOOR : Not relevant
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 or leasing
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.
CONTINUED
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Senate Floor Amendments of 8/22/06 provide that this bill
does not alter in any way duties that a transferor or his
or her agent may have for the sale of residential real
property comprised of one to four units. It also deletes
language that created concerns for the Realtors.
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.
The bill defines:
1."lessor" to include all of the following:
A. An owner, landlord, seller, or broker or his or her
agent of residential or real property.
B. An owner or his or her agent 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.
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This bill further provides that no duty shall arise for a
lessor solely for renting or leasing residential real
property, 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.
This bill specifies that these provisions shall not alter
in any way any other duty or right that a lessor may have
under other laws with respect to a tenant or lessee of
residential real property or a mobilehome park, or
manufactured housing community. The bill specifies that
these provisions shall not alter in any way duties that a
transferor or his or her agency may have for the sale of
residential real property comprised of one to four dwelling
units.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 8/22/06)
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
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
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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."
RJG:nl 8/22/06 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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