BILL NUMBER: AB 1925	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Ma
   (Principal coauthor: Senator Yee)

                        FEBRUARY 22, 2012

   An act to  amend Section 17975 of the Health and Safety
  add Section 1947.9 to the Civil  Code, relating
to  housing   real property  .



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1925, as amended, Ma.  Housing: tenant relocation
assistance.   Real property: rent control.  
   Existing law requires, in any city, county, or city and county
that administers a system of controls on the price at which
residential rental units may be offered for rent or lease and that
requires the registration of rents, upon the establishment of a
certified rent level, any owner who charges rent to a tenant in
excess of the certified lawful rent ceiling to refund the excess rent
to the tenant upon demand.  
   This bill would limit, in a city, county, or city and county that
administers a system of controls on the price at which residential
rental units may be offered for rent or lease, and notwithstanding
any local law to the contrary, levels of compensation for the
temporary displacement of a tenant household for less than 20 days to
temporary housing and living expenses, not to exceed $275 per day
per tenant household, and actual moving expenses, as specified. 

   Existing law provides for relocation assistance to a tenant
displaced from a residential rental unit as a result of an order to
vacate by a local enforcement agency under specified conditions.
 
   This bill would make technical, nonsubstantive changes to this
provision. 
   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 1947.9 is added to the 
 Civil Code   , to read:  
   1947.9.  (a) (1) In a city, county, or city and county that
administers a system of controls on the price at which residential
rental units may be offered for rent or lease, and notwithstanding
any local law to the contrary, levels of compensation for the
temporary displacement of a tenant household for less than 20 days
shall be limited to both of the following:
   (A) Temporary housing and living expenses, not to exceed two
hundred seventy-five dollars ($275) per day per tenant household.
This limit may be adjusted annually by a city, county, or a city and
county commensurate with an increase in the Consumer Price Index.
   (B) Actual moving expenses if it is necessary to move the
possessions of the tenant household.
   (2) The landlord shall have the option to provide a comparable
dwelling unit and pay any actual moving expenses, in lieu of the
compensation required in subparagraph (A) of paragraph (1). The
rental housing shall be comparable to the tenant household's existing
housing in location, size, number of bedrooms, accessibility, type,
and quality of construction, and proximity to services and
institutions upon which the displaced tenant household depends.
   (b) This section shall not be construed to do any of the
following:
   (1) To terminate, interrupt, or amend, in any way, a tenancy
subject to the lease provisions, or the rights and obligations of
either party, including, but not limited to, the payment of rent.
   (2) To create or affect any grounds for displacement or
requirements of a landlord seeking temporary displacement, except the
payment of relocation fees pursuant to subdivision (a) for
displacement not exceeding 20 days.
   (3) To affect the authority of a public entity that may regulate
or monitor the basis for eviction.
   (c) If a federal or state law regarding relocation compensation is
also applicable to the temporary displacement, the tenant may elect
to be compensated under those other provisions, and subdivision (a)
shall be inapplicable.
   (d) This section shall affect only levels of compensation for a
temporary displacement of less than 20 days. Any other local laws
governing temporary displacements of 20 days or more in duration
shall remain in full effect.
   (e) A residential rental property owner shall not be required to
provide temporary relocation benefits to a tenant household if any
tenant in the household or a guest of the household was entirely or
primarily responsible for causing the condition that necessitated the
temporary relocation.  
  SECTION 1.    Section 17975 of the Health and
Safety Code is amended to read:
   17975.  Any tenant who is displaced or subject to displacement
from a residential rental unit as a result of an order to vacate or
an order requiring the removal of all tenants from a residential
rental unit by a local enforcement agency as a result of a violation
so extensive and of such a nature that the immediate health and
safety of the residents is endangered, shall be entitled to receive
relocation benefits from the owner, as specified in this article. The
local enforcement agency shall determine the eligibility of tenants
for benefits pursuant to this article.