Bill Text: CA AB1513 | 2013-2014 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Residential property: possession by declaration.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-09-27 - Chaptered by Secretary of State - Chapter 666, Statutes of 2014. [AB1513 Detail]
Download: California-2013-AB1513-Amended.html
Bill Title: Residential property: possession by declaration.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-09-27 - Chaptered by Secretary of State - Chapter 666, Statutes of 2014. [AB1513 Detail]
Download: California-2013-AB1513-Amended.html
BILL NUMBER: AB 1513 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 8, 2014
AMENDED IN ASSEMBLY MARCH 17, 2014
INTRODUCED BY Assembly Member Fox
JANUARY 15, 2014
An act to add Sections 1160.5 and 1160.6
1944.1, 1944.2, 1944.3, and 1944.4 to the Code of
Civil Procedure, Civil Code, relating to
residential property.
LEGISLATIVE COUNSEL'S DIGEST
AB 1513, as amended, Fox. Residential property: possession by
declaration.
Existing law allows a plaintiff, upon motion, to have immediate
possession of the premises of a manufactured home, mobilehome, or
real property by a writ of possession issued by a court and directed
to the sheriff of the county or marshal, for execution, where it
appears to the satisfaction of the court, after a hearing on the
motion, from the verified complaint and from any affidavits filed or
oral testimony given by or on behalf of the parties, that the
defendant resides out of state, has departed from the state, cannot,
after due diligence, be found within the state, or has concealed
himself or herself to avoid the service of summons.
This bill would allow a property owner, or an agent of the
property owner, to execute, under penalty of perjury, a Declaration
of Ownership of Residential property or an Unauthorized Occupant
Declaration. By expanding the scope of the crime of perjury, this
bill would impose a state-mandated local program.
This bill would allow a property owner, or an agent of the
property owner, to file the Declaration of Ownership of Residential
property or Unauthorized Occupant Declaration with the district
attorney of the jurisdiction in which the property is located and to
submit either declaration to a local law enforcement agency. The bill
would require a local law enforcement agency to enforce the
declaration as an order for immediate possession of the premises, as
specified. The bill would require a sheriff to post the
declaration on the property listed in the declaration. By
imposing new duties on local agencies this bill would create a
state-mandated local program.
The bill would provide that its provisions apply only to one-unit
to four-unit residences.
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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1160.5 is added to the Code
of Civil Procedure, to read:
1160.5.
SECTION 1. Section 1944.1 is added to the
Civil Code , to read:
1944.1. A property owner, or an agent of the property
owner, may execute the following a
"Declaration of Ownership" that includes language substantially
similar to the language below and file it with the district
attorney of the jurisdiction in which the property is located.
The If the property owner, or the agent
of the property owner, files the declaration with the district
attorney, he or she shall also post the declaration
on the unoccupied residential property listed in the declaration. The
property owner, or the agent of the property owner, may also submit
the declaration to a local law enforcement agency that shall enforce
the declaration as an order for immediate possession of the
premises pursuant to Section 1166a of the Code of Civil Procedure.
premises.
"DECLARATION OF OWNERSHIP OF RESIDENTIAL REAL PROPERTY
I, ____________________, declare and state: I make this
declaration based upon my own personal knowledge.
1. I am the owner___, or the agent of the owner___(check one), of
the residential property located at _____________________, California
("Property").
2. Submitted with this declaration, and incorporated herein by
reference, is a true and correct copy of the deed by which I obtained
ownership of the Property.
3. Since obtaining ownership of the Property, no ownership
interest in the Property has been conveyed or transferred to any
other person or entity.
4. At the time of obtaining ownership of the Property, no person
was occupying the Property and no ownership interest or right of
possession in the Property has been conveyed or transferred to any
other person or entity.
5. As of the present date, there are no persons authorized by me
or my agent to reside within the Property. Any persons residing on
this Property are doing so without any express or implied
authorization from me or my agent.
6. I have not entered into any form of lease arrangement, rental
agreement, or given any consent whatsoever to any persons to reside
within the Property.
7. I will advise the district attorney if there is any change in
the status of the Property and an occupancy is authorized by me or my
agent.
8. I declare under penalty of perjury that the foregoing is true
and correct.
EXECUTED on _________________________________, at
_______________________, California"
SEC. 2. Section 1160.6 is added to the Code of
Civil Procedure, to read:
1160.6.
SEC. 2. Section 1944.2 is added to the
Civil Code , to read:
1944.2. A property owner, or an agent of the property
owner, may execute the following an
"Unauthorized Occupant Declaration" that includes language
substantially similar to the language below and file it with
the district attorney of the jurisdiction in which the property is
located. The property owner, or the agent of the property owner, may
also submit the declaration to a local law enforcement agency that
shall enforce the declaration as an order for immediate possession of
the premises pursuant to Section 1166a of the Code of Civil
Procedure. premises.
"UNAUTHORIZED OCCUPANT DECLARATION
I, ____________________, declare and state: I make this
declaration based upon my own personal knowledge.
1. I am the owner___, or the agent of the owner___ (check one), of
the residential property located at _____________________,
California ("Property").
2. Submitted with this Declaration, and incorporated herein by
reference, is a true and correct copy of the deed by which I obtained
ownership of the Property.
3. At the time of obtaining ownership of the Property, no person
was occupying the Property and no ownership interest or right of
possession in the Property has been conveyed or transferred to any
other person or entity.
4. I have never entered into any form of lease arrangement, rental
agreement, or given any consent whatsoever to the persons ("Subject
Persons") to reside within the Property.
5. As of the present date, there are Subject Persons present
within, and asserting possession of, the Property.
6. The Subject Persons are residing within the Property without my
consent and are unknown to me.
7. I have requested the Subject Persons to remove themselves and
their personal property from the Property on the following
occasions and in the following means: occasion(s) and
in the following manner: _________________________.
A.
______________________________________________________________________
_____
B.
______________________________________________________________________
_____
C.
______________________________________________________________________
_____
D.
______________________________________________________________________
_____
8. Notwithstanding the efforts described above, the Subject
Persons have refused to vacate the Property and to remove their
personal property from the Property.
9. I have been advised and understand that Section 148.5 of the
Penal Code Section makes it a crime to falsely
report a misdemeanor or felony to a peace officer and that I will be
committing a crime under that section if the statements made within
this declaration are known to be false.
10. I declare under penalty of perjury that the foregoing is true
and correct.
EXECUTED on _____________________________________, at
_______________________, California"
SEC. 3. Section 1944.3 is added to the
Civil Code , to read:
1944.3. A declaration provided to a district attorney pursuant to
Section 1944.1 or 1944.2 shall be posted by the sheriff on the
property listed in the declaration.
SEC. 4. Section 1944.4 is added to the
Civil Code , to read:
1944.4. Sections 1944.1 to 1944.3, inclusive, apply only to
one-unit to four-unit residences.
SEC. 3. SEC. 5. No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution for certain costs that may be incurred by a
local agency or school district because, in that regard, this act
creates a new crime or infraction, eliminates a crime or infraction,
or changes the penalty for a crime or infraction, within the meaning
of Section 17556 of the Government Code, or changes the definition of
a crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
However, if the Commission on State Mandates determines that this
act contains other 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.
