Bill Text: CA AB2485 | 2013-2014 | Regular Session | Chaptered
Bill Title: Unlawful detainer: nuisance: controlled substances.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2014-09-15 - Chaptered by Secretary of State - Chapter 341, Statutes of 2014. [AB2485 Detail]
Download: California-2013-AB2485-Chaptered.html
BILL NUMBER: AB 2485 CHAPTERED
BILL TEXT
CHAPTER 341
FILED WITH SECRETARY OF STATE SEPTEMBER 15, 2014
APPROVED BY GOVERNOR SEPTEMBER 15, 2014
PASSED THE SENATE AUGUST 20, 2014
PASSED THE ASSEMBLY AUGUST 22, 2014
AMENDED IN SENATE AUGUST 4, 2014
AMENDED IN SENATE JULY 1, 2014
AMENDED IN SENATE MAY 21, 2014
AMENDED IN ASSEMBLY APRIL 10, 2014
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Members Dickinson and Ridley-Thomas
FEBRUARY 21, 2014
An act to amend Section 3486 of, and to add and repeal Section
3486.5 of the Civil Code, relating to civil law, and declaring the
urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 2485, Dickinson. Unlawful detainer: nuisance: controlled
substances.
Existing law establishes the criteria for determining when a
tenant is guilty of unlawful detainer, including conduct involving
illegally selling a controlled substance, or the commission of an
offense involving the unlawful possession or use of illegal weapons
or ammunition or the use of the premises to further that purpose. Any
of those acts may be deemed to constitute committing a nuisance on
the premises. Existing law authorizes, for real property situated in
the City of Los Angeles only, a city prosecutor or city attorney to
file an action for unlawful detainer in the name of the people
against any person who is in violation of the nuisance or the illegal
purpose provisions of the unlawful detainer provision described
above, with respect to controlled substances.
This bill would, until January 1, 2019, extend the unlawful
detainer provisions above regarding illegally selling controlled
substances, applicable only to real property situated in the City of
Los Angeles, to also include real property situated in the County of
Sacramento and the City of Oakland. The bill would require a court
hearing an unlawful detainer action pursuant to these provisions to
enter a specified order depending on whether grounds for an eviction
or a partial eviction have been established. The court would have
discretion to dismiss the action or stay the execution of an order of
eviction for a reasonable time if the tenant can show, by clear and
convincing evidence, that immediate eviction would pose extreme
hardship that outweighs the benefit to the community. The bill would
also, until January 1, 2019, require the County of Sacramento and the
City of Oakland to comply with specified reporting requirements to
the California Research Bureau, on or before January 20 annually,
regarding prosecutions and evictions carried out under these
provisions. The bill would require these jurisdictions to make a good
faith effort to comply with the reporting requirements in order to
bring unlawful detainer actions pursuant to these provisions. By
establishing new reporting requirements for local officials, this
bill would impose a state-mandated local program.
This bill would make legislative findings and declarations as to
the necessity of a special statute for the County of Sacramento and
the City of Oakland.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
This bill would declare that it is to take effect immediately as
an urgency statute.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3486 of the Civil Code is amended to read:
3486. (a) To abate the nuisance caused by illegal conduct
involving a controlled substance purpose on real property, the city
prosecutor or city attorney may file, in the name of the people, an
action for unlawful detainer against any person who is in violation
of the nuisance or illegal purpose provisions of subdivision 4 of
Section 1161 of the Code of Civil Procedure, with respect to that
controlled substance purpose. In filing this action, which shall be
based upon an arrest report by a law enforcement agency, reporting an
offense committed on the property and documented by the observations
of a police officer, the city prosecutor or city attorney shall use
the procedures set forth in Chapter 4 (commencing with Section 1159)
of Title 3 of Part 3 of the Code of Civil Procedure, except that in
cases filed under this section, the following also shall apply:
(1) (A) Prior to filing an action pursuant to this section, the
city prosecutor or city attorney shall give 30 calendar days' written
notice to the owner, requiring the owner to file an action for the
removal of the person who is in violation of the nuisance or illegal
purpose provisions of subdivision 4 of Section 1161 of the Code of
Civil Procedure with respect to a controlled substance purpose.
(B) This notice shall include sufficient documentation
establishing a violation of the nuisance or illegal purpose
provisions of subdivision 4 of Section 1161 of the Code of Civil
Procedure and an advisement to the owner of the assignment provision
contained in subparagraph (D). The notice shall be served upon the
owner and the tenant in accordance with subdivision (e).
(C) The notice to the tenant shall, in at least 14-point bold
type, meet the following requirements:
(i) The notice shall contain the following language:
"(Date)
(Name of tenant)
(Address of tenant)
Re: Civil Code Section 3486
Dear (name of tenant):
This letter is to inform you that an eviction action may soon be
filed in court against you for suspected drug activity. According to
state law, Civil Code Section 3486 provides for eviction of persons
engaging in such conduct, as described below.
(Name of police department) records indicate that you, (name of
arrestee), were arrested on (date) for violations of (list
violations) on (address of property).
A letter has been sent to the property owner(s) advising of your
arrest and the requirements of state law, as well as the landlord's
option to assign the unlawful detainer action to the (name of city
attorney or prosecutor's office).
A list of legal assistance providers is provided below. Please
note, this list is not exclusive and is provided for your information
only; the (name of city attorney or prosecutor's office) does not
endorse or recommend any of the listed agencies.
Sincerely,
(Name of deputy city attorney or city prosecutor)
Deputy City (Attorney or Prosecutor)
Notice to Tenant: This notice is not a notice of eviction. You
should call (name of the city attorney or prosecutor pursuing the
action) at (telephone number) or a legal assistance provider to stop
the eviction action if any of the following is applicable:
(1) You are not the person named in this notice.
(2) The person named in the notice does not live with you.
(3) The person named in the notice has permanently moved.
(4) You do not know the person named in the notice.
(5) You want to request that only the person involved in the
nuisance be evicted, allowing the other residents to stay.
(6) You have any other legal defense or legal reason to stop the
eviction action.
A list of legal assistance providers is attached to this notice.
Some provide free legal assistance if you are eligible."
(ii) The notice shall be provided to the tenant in English and, as
translated, in all of the languages identified in subdivision (a) of
Section 1632 of the Civil Code.
(D) The owner shall, within 30 calendar days of the mailing of the
written notice, either provide the city prosecutor or city attorney
with all relevant information pertaining to the unlawful detainer
case, or provide a written explanation setting forth any
safety-related reasons for noncompliance, and an assignment to the
city prosecutor or city attorney of the right to bring an unlawful
detainer action against the tenant.
(E) The assignment shall be on a form provided by the city
prosecutor or city attorney and may contain a provision for costs of
investigation, discovery, and reasonable attorney's fees, in an
amount not to exceed six hundred dollars ($600). An owner shall only
be required to pay the costs or fees upon acceptance of the
assignment and the filing of the action for unlawful detainer by the
city prosecutor or city attorney.
(F) If the city prosecutor or city attorney accepts the assignment
of the right of the owner to bring the unlawful detainer action, the
owner shall retain all other rights and duties, including the
handling of the tenant's personal property, following issuance of the
writ of possession and its delivery to and execution by the
appropriate agency.
(2) Upon the failure of the owner to file an action pursuant to
this section, or to respond to the city prosecutor or city attorney
as provided in paragraph (1), or having filed an action, if the owner
fails to prosecute it diligently and in good faith, the city
prosecutor or city attorney may file and prosecute the action, and
join the owner as a defendant in the action. This action shall have
precedence over any similar proceeding thereafter brought by the
owner, or to one previously brought by the owner and not prosecuted
diligently and in good faith. Service of the summons and complaint
upon the defendant owner shall be in accordance with Sections 415.10,
415.20, 415.30, 415.40, and 415.50 of the Code of Civil Procedure.
(3) If a jury or court finds the defendant tenant guilty of
unlawful detainer in a case filed pursuant to paragraph (2), the city
prosecutor or city attorney may be awarded costs, including the
costs of investigation and discovery and reasonable attorney's fees.
These costs shall be assessed against the defendant owner, to whom
notice was directed pursuant to paragraph (1), and once an abstract
of judgment is recorded, it shall constitute a lien on the subject
real property.
(4) Nothing in this section shall prevent a local governing body
from adopting and enforcing laws, consistent with this article,
relating to drug abatement. Where local laws duplicate or supplement
this section, this section shall be construed as providing
alternative remedies and not preempting the field.
(5) Nothing in this section shall prevent a tenant from receiving
relief against a forfeiture of a lease pursuant to Section 1179 of
the Code of Civil Procedure.
(b) In any proceeding brought under this section, the court may,
upon a showing of good cause, issue a partial eviction ordering the
removal of any person, including, but not limited to, members of the
tenant's household if the court finds that the person has engaged in
the activities described in subdivision (a). Persons removed pursuant
to this section may be permanently barred from returning to or
reentering any portion of the entire premises. The court may further
order as an express condition of the tenancy that the remaining
tenants shall not give permission to or invite any person who has
been removed pursuant to this subdivision to return to or reenter any
portion of the entire premises.
(c) For the purposes of this section, "controlled substance
purpose" means the manufacture, cultivation, importation into the
state, transportation, possession, possession for sale, sale,
furnishing, administering, or giving away, or providing a place to
use or fortification of a place involving, cocaine, phencyclidine,
heroin, methamphetamine, or any other controlled substance, in a
violation of subdivision (a) of Section 11350, Section 11351,
11351.5, 11352, or 11359, subdivision (a) of Section 11360, or
Section 11366, 11366.6, 11377, 11378, 11378.5, 11379, 11379.5,
11379.6, or 11383 of the Health and Safety Code.
(d) Notwithstanding subdivision (b) of Section 68097.2 of the
Government Code, a public entity may waive all or part of the costs
incurred in furnishing the testimony of a peace officer in an
unlawful detainer action brought pursuant to this section.
(e) The notice and documentation described in paragraph (1) of
subdivision (a) shall be given in writing and may be given either by
personal delivery or by deposit in the United States mail in a sealed
envelope, postage prepaid, addressed to the owner at the address
known to the public entity giving the notice, or as shown on the last
equalized assessment roll, if not known. Separate notice of not less
than 30 calendar days and documentation shall be provided to the
tenant in accordance with this subdivision. Service by mail shall be
deemed to be completed at the time of deposit in the United States
mail. Proof of giving the notice may be made by a declaration signed
under penalty of perjury by any employee of the public entity which
shows service in conformity with this section.
(f) In an unlawful detainer action filed pursuant to this section,
the court shall make one of the following orders:
(1) If the grounds for an eviction have not been established
pursuant to this section, the court shall dismiss, without prejudice,
the unlawful detainer action.
(2) If the grounds for an eviction have been established pursuant
to this section, the court shall do either of the following:
(A) Order that the tenant and all occupants be immediately evicted
from the property.
(B) Dismiss the unlawful detainer action with or without prejudice
or stay execution of an eviction order for a reasonable length of
time if the tenant establishes by clear and convincing evidence that
the immediate eviction would pose an extreme hardship to the tenant
and that this hardship outweighs the health, safety, or welfare of
the neighbors or surrounding community. However, the court may not
find an extreme hardship solely on the basis on an economic hardship
or the financial inability of the tenant to pay for and secure other
housing or lodging accommodations.
(3) If the grounds for a partial eviction have been established
pursuant to subdivision (b), the court shall order that those persons
be immediately removed and barred from the property, but the court
may not order the tenancy be terminated.
(g) This section shall apply only in the County of Los Angeles to
any court having jurisdiction over unlawful detainer cases involving
real property situated in the City of Los Angeles.
(h) This section shall become operative on January 1, 2014, only
if the City of Los Angeles has regularly reported to the California
Research Bureau as required by this section as it read during the
period from January 1, 2010, to January 1, 2014, inclusive. For
purposes of this section, the City of Los Angeles shall be deemed to
have complied with this reporting requirement if the 2013 report to
the Legislature by the California Research Bureau indicates that the
City of Los Angeles has regularly reported to the bureau.
SEC. 2. Section 3486.5 is added to the Civil Code, to read:
3486.5. (a) Notwithstanding subdivision (g) of Section 3486,
Section 3486 shall apply in the County of Sacramento, in any court
with jurisdiction over unlawful detainer cases involving real
property situated in the City of Sacramento and in the County of
Alameda in any court having jurisdiction over unlawful detainer cases
involving real property situated in the City of Oakland.
(b) (1) In a template provided by the California Research Bureau,
the city attorney and city prosecutor of the County of Sacramento and
the city attorney and city prosecutor of the City of Oakland shall
provide to the California Research Bureau the following information
pertaining to cases filed pursuant to Section 3486:
(A) The number of notices provided pursuant to paragraph (1) of
subdivision (a) of Section 3486.
(B) For each notice provided pursuant to paragraph (1) of
subdivision (a) of Section 3486, the following information:
(i) The name and age, as provided by the landlord, of each person
residing at the noticed address.
(ii) The racial or ethnic identity of the tenant against whom the
unlawful detainer is sought.
(iii) Whether the person has previously received a notice pursuant
to this section from the reporting city attorney or city prosecutor,
and if so, whether the tenant vacated or was evicted as a result.
(iv) The date the initial notice was issued.
(C) Whether the tenant has previously been arrested (other than an
arrest that is the basis of this notice) for any of the offenses
specified in subdivision (c) of Section 3486.
(D) Whether, upon notice, the case was filed by the owner, and if
so, the filing date and case number.
(E) Whether the assignment was executed by the owner to the city
attorney or prosecutor.
(F) Whether 3-day, 30-day, or 60-day notices were issued by the
city attorney or city prosecutor, and if so, the date each was
issued.
(G) Whether the case was filed by the city attorney or city
prosecutor, and if so, the filing date and case number.
(H) Whether the owner is joined as a defendant pursuant to this
section.
(I) For the cases filed by an owner, the city attorney, or the
city prosecutor, the following information:
(i) If a judgment was entered, the date of the judgment, whether
the judgment ordered an eviction or partial eviction, and whether the
judgment was a default judgment, stipulated judgment, or judgment
following trial.
(ii) Whether the case was withdrawn or the tenant prevailed.
(iii) Whether there was another disposition, and the type of
disposition.
(iv) Whether the defendant was represented by counsel.
(v) Whether the case was a trial by the court or a trial by jury.
(vi) Whether an appeal was taken, and, if so, the result of the
appeal and the date of the result.
(vii) Whether a partial eviction was requested, and whether the
court ordered a partial eviction.
(J) For cases in which a notice was provided pursuant to
subdivision (a) of Section 3486, but no case was filed, the following
information:
(i) Whether a tenant voluntarily vacated subsequent to receiving
the notice, and if so, the date vacated.
(ii) Whether a tenant vacated a unit prior to the providing of the
notice, and if so, the date vacated.
(iii) Whether the notice provided pursuant to subdivision (a) of
Section 3486 was erroneously sent to the tenant. This shall include a
list of the reasons, if known, for the erroneously sent notice, such
as reliance on information on the suspected violator's name or
address that was incorrect, a clerical error, or other reason.
(iv) Whether there was another resolution and the type of
resolution.
(K) The street address, city, and ZIP Code of residence where the
tenants relocated, to the extent known.
(L) Whether the tenant continued to engage in unlawful activity at
his or her new place of residence, to the extent known.
(2) (A) Information compiled pursuant to this section shall be
reported annually to the California Research Bureau on or before
January 20.
(B) The California Research Bureau shall thereafter submit a brief
report to the Senate and Assembly Committees on Judiciary once on or
before March 20, 2016, and once on or before March 20, 2018,
summarizing the information collected pursuant to this section and
evaluating the merits of the pilot programs established by this
section. The report for this section shall be submitted in compliance
with Section 9795 of the Government Code and may be combined with
the California Research Bureau report submitted for the pilot program
established by Section 3485. The 2018 report shall indicate whether
the City of Sacramento and the City of Oakland have regularly
reported to the bureau.
(3) Personally identifiable information submitted to the
California Research Bureau pursuant to this section shall be
confidential and shall not be publicly disclosed.
(c) A participating jurisdiction shall not be permitted to file,
in the name of the people, an action for unlawful detainer pursuant
to this section unless that jurisdiction has made a good faith effort
to collect and timely report all information to the California
Research Bureau required by subdivision (b).
(d) This section shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.
SEC. 3. 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 the City of Sacramento and the City of Oakland have unique
and historic roles in reporting data regarding city attorney
sponsored unlawful detainer actions and outcomes to the California
Research Bureau in assessing the effectiveness of this program.
SEC. 4. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
SEC. 5. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order that the City of Sacramento and the City of Oakland have
all the tools they need for the protection of public safety at the
earliest time, it is necessary that the bill go into effect
immediately.
