Bill Text: CA AB1925 | 2011-2012 | Regular Session | Chaptered

California Assembly Bill 1925 (Prior Session Legislation)

CA State Legislature page for AB1925

Bill Title: Real property: rent control.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2012-09-07 - Chaptered by Secretary of State - Chapter 243, Statutes of 2012. [AB1925 Detail]

Download: California-2011-AB1925-Chaptered.html

BILL NUMBER: AB 1925	CHAPTERED
	BILL TEXT

	CHAPTER  243
	FILED WITH SECRETARY OF STATE  SEPTEMBER 7, 2012
	APPROVED BY GOVERNOR  SEPTEMBER 7, 2012
	PASSED THE SENATE  AUGUST 13, 2012
	PASSED THE ASSEMBLY  AUGUST 16, 2012
	AMENDED IN SENATE  AUGUST 7, 2012
	AMENDED IN ASSEMBLY  APRIL 26, 2012
	AMENDED IN ASSEMBLY  APRIL 19, 2012
	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Ma
   (Principal coauthor: Senator Yee)

                        FEBRUARY 22, 2012

   An act to add Section 1947.9 to the Civil Code, relating to real
property.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1925, Ma. Real property: rent control.
   Existing law requires, in any city, county, or city and county
that administers a system of controls on the price at which
residential rental units may be offered for rent or lease and that
requires the registration of rents, upon the establishment of a
certified rent level, any owner who charges rent to a tenant in
excess of the certified lawful rent ceiling to refund the excess rent
to the tenant upon demand.
   This bill would limit, notwithstanding any local law to the
contrary, for those units governed by the local rent stabilization
ordinance in the City and County of San Francisco, levels of
compensation for the temporary displacement of a tenant household for
less than 20 days to temporary housing and living expenses, of $275
per day per tenant household, and actual moving expenses, as
specified.
   This bill would make legislative findings and declarations as to
the necessity of a special statute for the City and County of San
Francisco.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1947.9 is added to the Civil Code, to read:
   1947.9.  (a) (1) Notwithstanding any local law to the contrary,
for those units governed by the local rent stabilization ordinance in
the City and County of San Francisco, levels of compensation for the
temporary displacement of a tenant household for less than 20 days
shall be limited to both of the following:
   (A) Temporary housing and living expenses, of two hundred
seventy-five dollars ($275) per day per tenant household. This limit
may be adjusted annually by the city and county in an amount equal to
the Consumer Price Index, beginning on January 1, 2014.
   (B) Actual moving expenses if it is necessary to move the
possessions of the tenant household.
   (2) The landlord shall have the option to provide a comparable
dwelling unit and pay any actual moving expenses, in lieu of the
compensation specified in subparagraph (A) of paragraph (1). The
rental housing shall be comparable to the tenant household's existing
housing in location, size, number of bedrooms, accessibility, type,
and quality of construction, and proximity to services and
institutions upon which the displaced tenant household depends.
   (b) This section shall not be construed to do any of the
following:
   (1) To terminate, interrupt, or amend, in any way, a tenancy
subject to the lease provisions, or the rights and obligations of
either party, including, but not limited to, the payment of rent.
   (2) To create or affect any grounds for displacement or
requirements of a landlord seeking temporary displacement, except the
payment of relocation fees pursuant to subdivision (a) for
displacement not exceeding 20 days.
   (3) To affect the authority of a public entity that may regulate
or monitor the basis for eviction.
   (c) If a federal or state law regarding relocation compensation is
also applicable to the temporary displacement, the tenant may elect
to be compensated under those other provisions, and subdivision (a)
shall be inapplicable.
   (d) This section shall affect only levels of compensation for a
temporary displacement of less than 20 days, and does not affect any
other local procedures governing temporary relocation.
  SEC. 2.  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 of the unique circumstances of the City and County of San
Francisco. The cost of temporary housing in the City and County of
San Francisco is not equivalent to that cost in other areas of the
state. In order to adapt the law governing housing compensation to
these unique circumstances, this special law is necessary.