BILL ANALYSIS
AB 1800
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1800 (Ma and Hagman)
As Amended July 15, 2010
Majority vote
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|ASSEMBLY: |73-1 |(April 22, |SENATE: |33-0 |(August 18, |
| | |2010) | | |2010) |
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Original Committee Reference: PUB. S.
SUMMARY : Increases the penalty for unlawful rental of a
residential dwelling from six months in the county jail, a fine
of not more than $1000 or by both imprisonment and fine, to up
to one year in the county jail, a fine of not more than $2500 or
by both imprisonment and fine.
The Senate amendments :
1)Delete the alternate felony/misdemeanor penalty and increases
the penalty to a one year misdemeanor, a fine of not more than
$2500 or both imprisonment and fine.
2)Provide that this penalty does not preclude the prosecution of
a person under any other applicable provision of law and
states the intent of the Legislature that nothing in this
provision does not preclude and has never precluded a
prosecution for grand theft or fraud.
EXISTING LAW :
1)Provides that any person who, without the owner's or owner's
agent's consent, claims ownership or claims or takes
possession of a residential dwelling for the purpose of
renting that dwelling to another is guilty of a misdemeanor
punishable by imprisonment in a county jail not exceeding six
months, or by a fine not exceeding $1,000, or by both such
imprisonment and fine. Each violation is a separate offense.
2)States that any person who, without the owner's or owner's
agent's consent, causes another person to enter or remain in
any residential dwelling for the purpose of renting that
dwelling to another, is guilty of a misdemeanor punishable by
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imprisonment in a county jail not exceeding six months, or by
a fine not exceeding $1,000, or by both such imprisonment and
fine. Each violation is a separate offense.
3)Defines "grand theft" as any theft where the money, labor, or
real or personal property taken is of a value exceeding $400,
except as specified.
4)Defines "trespass" as entering any lands, whether unenclosed
or enclosed by fence, for the purpose of injuring any property
or property rights or with the intention of interfering with,
obstructing, or injuring any lawful business or occupation
carried on by the owner of the land, the owner's agent or by
the person in lawful possession.
AS PASSED BY THE ASSEMBLY, this bill increased the penalty for
unlawful rental of a residential dwelling from a misdemeanor
punishable by six months in the county jail and/or a fine of up
to $1,000 to an alternate felony-misdemeanor punishable by a
term of 16 months, two or three years in state prison or up to
one year in the county jail and/or a fine of up to $1,000.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : According to the author, "As the State grapples with
record foreclosures, more and more families are struggling to
keep a roof over their heads. As more families look at rental
options, a wake of housing-related crimes has erupted throughout
California. Scam artists, hoping to prey on potential renters,
pose as landlords or as owners of a property, and post
attractive rental listings of abandoned homes on the internet.
An unsuspecting renter meets with the imposter, is handed keys,
and is asked to pay large cash deposit, completely unaware that
he or she is about to become a victim of real estate fraud.
Bank agents, realtors, or the true property owner later arrive
at the residence, and the renter is forced to leave the
property, losing possibly thousands of dollars of savings, and
left with nowhere else to live.
"Under current law, individuals posing as landlords are only
guilty of a misdemeanor, punishable by a fine of no more than
$1000 and/or 6 months of jail time. Under Penal Code 602.9, a
thief could walk away with a slap on the wrist, and leave a
family homeless. With the State's record foreclosures and
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economic downturn, more and more scammers are taking advantage
of innocent people during these difficult times. AB 1800 will
simply enhance the current misdemeanor crime of posing as a
landlord to a felony."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Kimberly Horiuchi / PUB. S. / (916)
319-3744
FN: 0005445