BILL NUMBER: AB 1171	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Ammiano

                        FEBRUARY 27, 2009

   An act to amend Section 7060 of the Government Code, relating to
rental property.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1171, as introduced, Ammiano. Rental property: residential
hotels.
   Under the Ellis Act, public entities generally are prohibited from
adopting any statute, ordinance, or regulation, or taking any
administrative action, to compel the owner of residential real
property to offer or to continue to offer accommodations in the
property for rent or lease. The act defines accommodations subject to
the act to mean either residential rental units in any detached
physical structure containing 4 or more residential rental units or,
with respect to a detached physical structure containing 3 or fewer
residential rental units, the residential rental units in that
structure and in any other structure located on the same parcel of
land.
   Existing law declares that it is the intent of the Legislature in
enacting the Ellis Act to supersede any holding, or portion of the
holding, of a specified case, to the extent that the holding, or
portion of the holding, conflicts with this chapter, so as to permit
landlords to go out of business.
   This bill would define, for purposes of the act, the phrase "to go
out of business" as to discontinue in the business or occupation of
being a landlord.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 7060 of the Government Code is amended to read:

   7060.  (a) No public entity, as defined in Section 811.2, shall,
by statute, ordinance, or regulation, or by administrative action
implementing any statute, ordinance or regulation, compel the owner
of any residential real property to offer, or to continue to offer,
accommodations in the property for rent or lease, except for
guestrooms or efficiency units within a residential hotel, as defined
in Section 50519 of the Health and Safety Code, if the residential
hotel meets all of the following conditions:
   (1) The residential hotel is located in a city and county, or in a
city with a population of over 1,000,000.
   (2) The residential hotel has a permit of occupancy issued prior
to January 1, 1990.
   (3) The residential hotel did not send a notice of intent to
withdraw the accommodations from rent or lease pursuant to
subdivision (a) of Section 7060.4 that was delivered to the public
entity prior to January 1, 2004.
   (b) For the purposes of this chapter, the following definitions
apply:
   (1) "Accommodations" means either of the following:
   (A) The residential rental units in any detached physical
structure containing four or more residential rental units.
   (B) With respect to a detached physical structure containing three
or fewer residential rental units, the residential rental units in
that structure and in any other structure located on the same parcel
of land, including any detached physical structure specified in
subparagraph (A).
   (2) "Disabled" means a person with a disability, as defined in
Section 12955.3 of the Government Code. 
   (3) "To go out of business" means to discontinue in the business
or occupation of being a landlord.