BILL ANALYSIS �
AB 1513
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1513 (Fox)
As Amended August 21, 2014
Majority vote
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|ASSEMBLY: |68-3 |(May 19, 2014) |SENATE: |36-0 |(August 27, |
| | | | | |2014) |
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Original Committee Reference: PUB. S.
SUMMARY : Establishes, until 2018, a pilot program to facilitate
removal of persons unlawfully occupying residential property
that, pursuant to the program, has been registered with and
verified by local law enforcement to be vacant. Specifically,
this bill :
1)Authorizes the owner of vacant real property, or his agent, to
register vacant property with the local police agency using a
specified form, signed under penalty of perjury, and attesting
that the property is vacant and is not authorized to be
occupied by any person.
2)Requires the registration to be accompanied by a statement
providing the name, address and telephone number at which the
owner can be contacted within a 24-hour period, and a
statement that either the police agency or a licensed private
security services company has been retained to comply with
specified inspection and reporting provisions, together with a
copy of any agreement or contract to perform such services.
3)Requires the owner or the owner's agent to register the vacant
property no later than three days after learning that the
property is vacant.
4)Authorizes the owner or his agent to execute a "Declaration of
Ownership," worded as specified or in substantially similar
language, and file it with the appropriate local law
enforcement agency where the property is located. Further
requires the owner to post the declaration on the unoccupied
residential property listed in the declaration if he also
files it with local law enforcement.
5)Requires the owner or owner's agent, immediately after
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authorizing a person to occupy the vacant property, to issue a
written authorization to the person authorized to occupy the
property and notify the police agency where the property is
registered and terminate the registration.
6)Requires a licensed private security services company or
police agency retained by the owner or owner's agent pursuant
to the pilot program to inspect the vacant property not less
than once every three days, and immediately notify the police
agency where the property is registered if any unauthorized
person is found on the property.
7)Requires the police agency where the property is registered to
respond to the property as soon as practicable after being
notified by the licensed security business that an
unauthorized person is found on the property, and requires the
responding officer to take a number of actions, including
ascertaining the identity of any persons found on the
property, and notifying any person who does not produce
written authorization or other evidence demonstrating the
person's right to possession that the owner may obtain a
temporary restraining order, and that he or she may be subject
to arrest for trespass if the person is subsequently found on
the property in violation of that court order.
8)Provides that the local city council or board of supervisors
shall establish fees for registering a vacant property with
the local police agency and for the conduct of inspections by
the police agency pursuant to this bill, including all
activities conducted by the law enforcement agency in
responding to unauthorized persons on the property, as
described above.
9)Limits application of these provisions to residential property
consisting of one to four units, located in the Cities of
Palmdale and Lancaster, in Los Angeles County.
10)Establishes a sunset date of January 1, 2018, for these
provisions.
The Senate amendments :
1)Require the owner or the owner's agent, immediately upon the
sale of the vacant property, to notify local law enforcement
that the property has been sold, and to terminate the
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registration of property previously registered pursuant to the
program.
2)Clarify that a person found on the property by responding law
enforcement shall be required to produce written authorization
to be on the property or other evidence demonstrating the
person's right to possession.
3)Provide that a property owner who files a Declaration of
Ownership under this bill that includes false information
regarding the right to possess the property is liable to any
person who, as a result of the Declaration, is caused to
vacate the property, for reasonable attorney's fees, special
damages not to exceed $2,000, and all damages resulting from
the person having to vacate the property.
4)Authorize the owner to file an action for a temporary
restraining order (TRO) and injunctive relief against any
person found on the vacant property not less than 48 hours
after that person has been notified by local law enforcement
to produce written authorization to be on the property or
other evidence demonstrating right to possession, or face
arrest.
5)Specify all of the following: a) the method of service of the
summons and complaint for an action seeking a TRO; b) the
authority of the court to order a hearing on the TRO and
require its enforcement in not less than 48 hours; and c) the
disposition of personal property on the premises belonging to
a person subject to the TRO.
6)Authorize the City of Ukiah in Mendocino County to participate
in the pilot program.
FISCAL EFFECT : According to the Senate Appropriations
Committee:
1)Non-reimbursable local enforcement costs, offset to a degree
by fine revenue for misdemeanor violations of the provisions
of this bill.
2)Ongoing non-reimbursable local law enforcement agency costs to
process registrations, conduct inspections, and perform other
duties upon notification of trespassing on a property, to be
offset by the authority to establish fees for all activities.
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3)Likely minor one-time state-reimbursable costs (General Fund)
for pilot project cities to set up the program and
registration system.
COMMENTS : This bill, sponsored by the California Association of
Realtors, seeks to provide property owners with an additional
tool to enforce criminal trespass laws in cities where the
so-called practice of "squatting" by unauthorized occupants in
residential property poses a problem to the community at large.
According to the author, "Unlawful detainer laws are not
specifically designed to provide law enforcement officials the
tools they need to assist owners of residential real property in
their efforts to remove, or prevent occupancy by squatters on
vacant properties. It is clear that under California law it can
take a minimum of 30-60 days to evict a sophisticated squatter.
This bill will provide a definitive remedy for owners of
residences in California that have been taken over by
squatters."
The bill outlines a pilot project to allow property owners to
declare property to be vacant, register it with local law
enforcement, and obtain a TRO against any person not authorized
to be on the property. The pilot program established by this
bill applies to residential property of one to four units, with
the Cities of Palmdale, Lancaster, and Ukiah named as the
initial cities to participate in the program.
According to the intent language of the bill, the program is
intended to provide a means to prevent squatting in vacant
residential property and to provide a timely and orderly
procedure for squatters to vacate the premises in lieu of
arrest, and is not intended to be an abridgment of other
statutes relating to trespass or civil eviction proceedings. It
is believed that the threat of arrest for trespassing on a
property registered under this program (and so noticed on the
property itself) will serve as a deterrent to those persons who
the author and sponsor believe to be sophisticated squatters
targeting vacant properties.
The property owner registering the property under this program
must provide a phone number he can be reached at within a
24-hour period, which is intended to enable law enforcement to
quickly contact the owner should unauthorized occupants ever be
discovered on the property during one of the regular inspections
required under the program. In addition, the owner must retain
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either law enforcement or a private security service to
regularly inspect the vacant property, and provide a copy of the
contract or agreement to perform those services at the time of
registration. The security company or law enforcement agent
must then inspect the vacant property at least every three days
to ensure it is vacant.
According to the author, this key requirement is intended to
ensure that the properties registered with this program truly
are vacant properties from the first day of registration, and
are not occupied by holdover tenants or any other persons with
legitimate claim to possess the property. It is thought that
the regular inspection of the property at least once every three
days will reveal quickly whether the property is a foreclosure
property with a holdover tenant, or a vacant property as
declared to be by the owner under penalty of perjury. If the
property is established to be vacant as a condition of
registration, then subsequent discovery of an occupant on the
property would indicate that the person indeed fits the
description of a "squatter," and is not a holdover tenant who
had been living openly in the property, never having any idea
that the owner had sworn the property to be vacant despite the
occupant's presence.
Under the program, law enforcement is required to respond soon
after being notified that an unauthorized person has been found
on the property. The bill provides that law enforcement
responding to a first call shall not arrest the person for
trespass, but instead advise the person that he or she must
produce written authorization from the owner to be on the
property or other evidence demonstrating right to possession, or
the owner may seek to obtain a TRO and the person is subject to
arrest for trespass if subsequently found on the property in
violation of that order. According to the sponsor, this
provides a second chance for any unauthorized occupant to vacate
the premises in lieu of arrest, and demonstrates the author's
commitment to avoid arrest of people who might otherwise be
persuaded to move along after a single visit from law
enforcement.
The bill allows an owner of vacant real property to file an
action for a temporary restraining order and injunctive relief
against any person who is found on the property not less than 48
hours after that person has been notified by local law
enforcement to produce written authorization from the owner to
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be on the property or other evidence demonstrating right to
possession. Without either being produced, that person
subsequently may face arrest for trespass, pursuant to Penal
Code Section 602.5, for failing to vacate the property pursuant
to the TRO. Penal Code Section 602.5 currently provides for a
criminal penalty of imprisonment in the county jail for up to
one year and a fine of up to $1,000, or both.
Analysis Prepared by : Anthony Lew / JUD. / (916) 319-2334
FN: 0005369