BILL ANALYSIS
AB 2712
Page 1
GOVERNOR'S VETO
AB 2712 (Leno)
As Amended August 24, 2006
2/3 vote
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|ASSEMBLY: | |(May 4, 2006) |SENATE: |24-9 |(August 28, |
| | | | | |2006) |
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(vote not relevant)
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|COMMITTEE VOTE: |6-0 |(August 29, 2006) |RECOMMENDATION: | concur |
|(Judiciary) | | | | |
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|ASSEMBLY: |41-35|(August 31, | | | |
| | |2006) | | | |
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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.
AB 2712
Page 2
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.
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, this bill 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
AB 2712
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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.
GOVERNOR'S VETO MESSAGE :
"I sympathize with property owners who are faced with the
problems presented by registered sex offenders. However, this
bill would prioritize property-owner liability protection before
tenant safety. I cannot support legislation that may compromise
the safety of families and children. Protection of our children
from sexual predators should be the top priority and I encourage
the Legislature to revisit this dilemma in more depth next
session to develop a solution that protects both families and
property owners."
Analysis Prepared by : Kevin G. Baker / JUD. / (916) 319-2334
FN: 0017852