BILL ANALYSIS
SB 483
Page 1
SENATE THIRD READING
SB 483 (Corbett)
As Amended July 6, 2009
Majority vote
SENATE VOTE :36-0
JUDICIARY 10-0
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|Ayes:|Feuer, Tran, Brownley, | | |
| |Evans, Jones, Knight, | | |
| |Krekorian, Lieu, Monning, | | |
| |Silva | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Conforms state law to federal law with respect to
eviction notices to tenants of foreclosed residential property
and improves the content of that notice. Specifically, this
bill :
1)Revises a reference to the written notice period so that it
incorporates federal law which, in some circumstances provides
a tenant or subtenant in possession of a rental housing unit
at the time the property is sold in foreclosure 90 days before
the tenant or subtenant may be removed from the property.
2)Similarly revises the content of the notice required to be
posted on the foreclosed residential properties.
FISCAL EFFECT : None
COMMENTS : The author explains the reason for the bill as
follows: "On May 20, 2009, President Obama signed S. 896, the
Protecting Tenants at Foreclosure Act of 2009 (Act). This Act
generally requires the purchaser of a home at a foreclosure sale
to honor the tenant's lease unless the purchaser intends to
occupy the home as their primary residence. If there is no
lease, the lease is terminable at will (a month-to-month
tenancy), or if the purchaser will occupy the home as their
primary residence, the tenant must be provided with a 90-day
notice to vacate (unless a longer period is required by state or
local law.) Last year, SB 1137 (Perata, Corbett, Machado)
SB 483
Page 2
(Chapter 69, Statutes of 2008) enacted several tenant
protections, including requiring that tenants receive a
statutory notice that their rental property may be sold at
foreclosure. [SB 483] seeks to update that statutory notice to
reflect the recent changes in federal law. [SB 483] also
includes a technical change to Code of Civil Procedure 1161b to
also acknowledge that change."
Analysis Prepared by : Kevin G. Baker / JUD. / (916) 319-2334
FN: 0001852