BILL ANALYSIS
AB 2712
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2712 (Leno)
As Amended August 24, 2006
Majority vote
-----------------------------------------------------------------
|ASSEMBLY: | |(May 4, 2006) |SENATE: |24-9 |(August 28, |
| | | | | |2006) |
-----------------------------------------------------------------
(vote not relevant)
------------------------------------------------------------------------
|COMMITTEE VOTE: |6-0 |(August 29, 2006) |RECOMMENDATION: | concur |
|(Judiciary) | | | | |
------------------------------------------------------------------------
Original Committee Reference: TRANS .
SUMMARY : Clarifies existing law regarding the duty of a
residential landlord regarding the tenancy of individuals who are
required to register as sex offenders. Specifically, this bill :
1)Provides that no duty toward tenants shall arise on the part of a
residential landlord solely for renting or leasing residential
real property to a person who is registered or who is required to
register under Section 290 of the Penal Code (Megan's Law) or who
is a person who has been convicted as a sex offender in another
state or foreign jurisdiction.
2)Makes conforming changes to related Penal Code provisions to
clarify that that a landlord's authorization to use Megan's Law
registration information is discretionary, and does not create a
duty to use the information.
3)Makes related findings and declarations.
4)Provides for double-jointing with AB 1849 and SB 1128.
The Senate amendments delete the Assembly version of this bill, and
insert instead the foregoing provisions.
AS PASSED BY THE ASSEMBLY , this bill dealt with bar pilots.
AB 2712
Page 2
FISCAL EFFECT : None
COMMENTS : This bill is co-sponsored by the California Housing
Council (CHC) to clarify the landlord's duties and obligations
under Megan's Law. Specifically, the bill would provide that
current law does not impose a duty on landlords to use information
available on the Megan's Law website to make decisions about
housing accommodations; and, that no duty is created solely because
a landlord rents or continues to rent to a person convicted of a
sex offense.
As CHC points out, AB 2712 would not absolve landlords of
obligations that may exist under other laws or to maintain their
premises.
The Western Center on Law and Poverty writes, "[This] 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 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, [this] bill would inhibit the wholesale
shifting of offenders to poor neighborhoods. [This] bill reaches a
delicate balance in this very difficult and vexing situation."
Although supported by many landlord groups, the bill is opposed by
the California Apartment Association (CAA), not because of any
concern about the content of the bill but because CAA would prefer
a different solution.
Analysis Prepared by : Kevin G. Baker / JUD. / (916) 319-2334
AB 2712
Page 3
FN: 0017590