BILL ANALYSIS �
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UNFINISHED BUSINESS
Bill No: SB 825
Author: Corbett (D)
Amended: 8/6/12
Vote: 21
ASSEMBLY FLOOR : 51-26, 8/9/12 - See last page for vote
�AB 2610 VOTES:
SENATE JUDICIARY COMMITTEE: 5-0, 7/5/12
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8]
SUBJECT : Residential tenancies: foreclosures
SOURCE : Author
DIGEST : The contents of this bill dealing with state
parks were deleted in the Assembly. The contents of this
bill were in AB 2610 (Skinner) which is on the Senate
Floor. As amended, this bill maintains existing law for
six years with respect to notifying tenants of rights when
rental property is sold in foreclosure.
ANALYSIS : Existing law, until January 1, 2013, requires
that any notice to quit regarding a housing unit served
within one year after a foreclosure sale include a separate
cover sheet that contains an additional notice to renters.
Existing law sets forth the content of this notice, which
provides the tenant with specified information regarding
tenants' rights. Existing law provides that, under certain
circumstances, the cover sheet need not be served, as
CONTINUED
SB 825
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2
specified.
This bill extends the operation of these provisions until
December 31, 2019.
Comments
According to the author, "California enacted important
tenant protections which seek to give tenants additional
time to search for a new home and move when the unit in
which they are living is foreclosed upon. President Obama
likewise recognized the importance of additional time and
signed the Protecting Tenants at Foreclosure Act of 2009,
requiring that tenants be given 90-days' notice and that
fixed-term leases be honored. Despite the establishment of
these important protections, many innocent tenants have
received notices to vacate that are unclear and contain
different timeframes in which the tenant must vacate the
property. For example, some notices state that the tenants
must leave in three, 30, 60, or 90 days. These multiple
and conflicting timeframes - combined with complex legalese
- are confusing to tenants. In addition, some tenants have
received a three-day notice to quit that is addressed to
the homeowner, but not to the tenant. Innocent tenants do
not realize that they must take certain steps to protect
their rights. In other cases, innocent tenants are unaware
of their rights under federal law and take the three-day
notice to quit at face value and assume that they must
leave within three days. SB 825 will help to protect
tenants and ensure that they receive the full benefits of
the important protections that have been enacted over the
last few years by extending the sunset on important
protections put in place by SB 1149 (Corbett, 2010)."
This bill continues existing law in effect for an
additional six years, consistent with other
foreclosure-related measures.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
ASSEMBLY FLOOR : 51-26, 08/09/12
AYES: Alejo, Allen, Ammiano, Atkins, Beall, Block,
SB 825
Page
3
Blumenfield, Bonilla, Bradford, Brownley, Buchanan,
Butler, Campos, Carter, Cedillo, Chesbro, Davis,
Dickinson, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani,
Galgiani, Gatto, Gordon, Hall, Hayashi, Hill, Huber,
Hueso, Huffman, Lara, Bonnie Lowenthal, Ma, Mendoza,
Mitchell, Monning, Pan, Perea, V. Manuel P�rez,
Portantino, Skinner, Solorio, Swanson, Torres,
Wieckowski, Williams, Yamada, John A. P�rez
NOES: Achadjian, Bill Berryhill, Conway, Cook, Donnelly,
Beth Gaines, Garrick, Grove, Hagman, Halderman, Harkey,
Jeffries, Jones, Knight, Logue, Mansoor, Miller, Morrell,
Nestande, Nielsen, Norby, Olsen, Silva, Smyth, Valadao,
Wagner
NO VOTE RECORDED: Charles Calderon, Gorell, Roger Hern�ndez
RJG:m 8/10/12 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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