BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 337|
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UNFINISHED BUSINESS
Bill No: SB 337
Author: Kehoe (D)
Amended: 8/30/11
Vote: 21
SENATE JUDICIARY COMMITTEE : 3-2, 4/5/11
AYES: Evans, Corbett, Leno
NOES: Harman, Blakeslee
SENATE FLOOR : 23-15, 6/2/11
AYES: Alquist, Calderon, Corbett, Correa, De Le�n,
DeSaulnier, Evans, Hancock, Hernandez, Kehoe, Leno, Lieu,
Liu, Lowenthal, Negrete McLeod, Padilla, Pavley, Price,
Rubio, Simitian, Steinberg, Wolk, Yee
NOES: Anderson, Berryhill, Blakeslee, Cannella, Dutton,
Emmerson, Fuller, Gaines, Harman, Huff, La Malfa,
Strickland, Walters, Wright, Wyland
NO VOTE RECORDED: Runner, Vargas
ASSEMBLY FLOOR : 65-11, 9/1/11 - See last page for vote
SUBJECT : Tenancy: political signs
SOURCE : American Civil Liberties Union
DIGEST : This bill prohibits a landlord from prohibiting
a tenant from posting or displaying political signs
relating to an election or legislative vote, the
initiative, referendum, or recall process, or issues before
a public body for a vote, except under certain
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circumstances. This bill requires a tenant to comply with
the time period established by the local ordinance for the
posting and removal of political signs or, in the absence
of those provisions, by reasonable time limits, as
specified, established by the landlord.
Assembly Amendments (1) recast the bill and add clarifying
language,
(2) reduce the size of the sign from nine square feet to
six square feet,
(3) add provisions as to when a landlord may prohibit the
posting of signs, (4) delete an unintended reference to a
date in the provision permitting a change in an existing
lease to conform to the provisions of this bill, (5)
specify that if the political signs posted by the tenant
violate any local ordinance, then the tenant shall be
solely responsible for the violation, and (6) specify that
any change in the terms of an existing tenancy that are
made to conform to the provisions of the bill shall not be
deemed a diminution of housing services and that those
changed terms may be enforced, as specified.
Senate Floor Amendments of 5/25/11 provide that "political
signs" include signs relating to an election or legislative
vote, as specified, and express the intent of the
Legislature that the enactment of this bill shall not
diminish or affect other forms of noncommercial expression
by a tenant.
ANALYSIS : Existing law regulates the terms and
conditions of residential tenancies. Existing law
prohibits the governing documents of a common interest
development from prohibiting the posting or displaying of
noncommercial signs, posters, flags, or banners on or in an
owner's separate interest, except as specified.
This bill provides that a landlord shall not prohibit a
tenant from posting or displaying political signs relating
to any of the following:
An election or legislative vote, including an election of
a candidate to public office.
The initiative, referendum, or recall process.
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Issues that are before a public commission, public board,
or elected local body for a vote.
This bill provides that political signs may be posted or
displayed in the window or on the door of the premises
leased by the tenant in a multifamily dwelling, or from the
yard, window, door, balcony, or outside wall of the
premises leased by a tenant of a single-family dwelling.
This bill provides that a landlord may prohibit a tenant
from posting or displaying political signs in the following
circumstances:
The political sign is more than six square feet in size.
The posting or displaying would violate a local, state,
or federal law.
The posting or displaying would violate a lawful
provision in a common interest development governing a
document that satisfies the criteria of Civil Code
Section 1353.6.
This bill provides that a tenant shall post and remove
political signs in compliance with the time limits set by
the ordinance for the jurisdiction where the premises are
located. A tenant shall be solely responsible for any
violation of a local ordinance. If no local ordinance
exists or if the local ordinance does not include a time
limit for posting and removing political signs on private
property, the landlord may establish a reasonable time
period for the posting and removal of political signs. A
reasonable time period for this purpose shall begin at
least 90 days prior to the date of the election or vote to
which the sign relates and end at least 15 days following
the date of the election or vote.
This bill provides that notwithstanding any other provision
of law, any changes in the terms of a tenancy that are made
to implement the provisions of this section and are noticed
pursuant to Section 827 shall not be deemed to cause a
diminution in housing services, any may be enforced in
accordance with Section 1161 of the Code of Civil
Procedure.
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It is the intent of the legislature that the enactment of
this bill shall not affect in any way other forms of
noncommercial expression by a tenant when that expression
is not associated with political signs.
This bill provides that it is the intent of the Legislature
that the enactment of this bill shall not affect in any way
other forms of noncommercial expression by a tenant when
that expression is not associated with political signs.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 9/1/11)
American Civil Liberties Union (source)
California Congress of Seniors
California Rural Legal Assistance Foundation
TenantsTogether.org
Western Center on Law and Poverty
ARGUMENTS IN SUPPORT : According to the author:
"The ability to freely express one-self ? is denied to
nearly 40% of all Californians. Tenants have no
guaranteed right to expression on the very property they
call home, simply because they are not the legal owner of
where they live.
"While tenants have many rights provided to them under
the law, several forms of expression are not protected.
These forms include flying a flag or banner, posting
non-commercial signs or even displaying signs that are
political in nature.
"Should people lose their right to freedom of expression
simply because they rent their property? The answer is
no. Any discrimination that prevents freedom of
expression, based on whether or not you own property is a
denial of rights that belong to all people ? SB 337
grants tenants the right to post and display signs, flags
or other noncommercial signs as a form of expression that
may be displayed where they live."
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The American Civil Liberties Union (ACLU), the bill's
sponsor, states that they have "successfully argued in
court that current California law as expressed in Civil
Code Section 1942.5(c) renders unlawful lease restrictions
that bar tenants from posting political signs on their
leased premises. The legislative history of Section
1945.5(c), made it clear that the Legislature intended that
displaying political signs in windows was covered by the
statutory protection of a tenant's exercise of 'any right
under the law'. SB 337 would provide the specific
statutory protection to post these signs."
ASSEMBLY FLOOR : 65-11, 9/1/11
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bradford, Brownley,
Buchanan, Butler, Charles Calderon, Campos, Carter,
Cedillo, Chesbro, Conway, Cook, Dickinson, Eng, Feuer,
Fletcher, Fong, Fuentes, Furutani, Galgiani, Gatto,
Gordon, Hagman, Halderman, Hall, Hayashi, Roger
Hern�ndez, Hill, Huber, Hueso, Huffman, Jeffries, Jones,
Lara, Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza,
Miller, Mitchell, Monning, Norby, Pan, Perea, V. Manuel
P�rez, Portantino, Skinner, Smyth, Solorio, Swanson,
Torres, Wagner, Wieckowski, Williams, Yamada, John A.
P�rez
NOES: Donnelly, Beth Gaines, Garrick, Grove, Harkey,
Morrell, Nestande, Nielsen, Olsen, Silva, Valadao
NO VOTE RECORDED: Bonilla, Davis, Gorell, Knight
RJG:mw 9/1/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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