BILL NUMBER: AB 1925	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 19, 2012
	AMENDED IN ASSEMBLY  MARCH 29, 2012

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

                        FEBRUARY 22, 2012

   An act to add Section 1947.9 to the Civil Code, relating to real
property.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1925, as amended, Ma. 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
  the City and County of San Francisco, 
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. 
   This bill would make legislative findings and declarations as to
the necessity of a special statute for the City and County of San
Francisco. 
   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
  the City and County of San Francisco, 
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
  the  city and county  commensurate with
an increase in   in an amount equal to  the
Consumer Price Index  , beginning on January 1, 2014  .
   (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     specified
 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   , and does not
affect any other local procedures governing temporary relocation
 . 
   (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. 
   SEC. 2.    The Legislature finds and declares that a
special law is necessary and that a general law cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution because of the unique circumstances of the
City and County of San Francisco. The cost of temporary housing in
the City and County of San Francisco is not equivalent to that cost
in other areas of the state. In order to adapt the law governing
housing compensation to these unique circumstances, this special law
is necessary.