Bill Text: CA SB1267 | 2015-2016 | Regular Session | Amended
Bill Title: Rent: unlawful detainer: withdrawal of accommodations from rent or lease.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Failed) 2016-11-30 - From committee without further action. [SB1267 Detail]
Download: California-2015-SB1267-Amended.html
BILL NUMBER: SB 1267 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 14, 2016
INTRODUCED BY Senator Allen
( Coauthor: Senator Leno
)
( Coauthors: Assembly Members
Bloom and Chiu )
FEBRUARY 18, 2016
An act to amend Section 50199.15 of the Health and Safety
Code, Sections 1962 and 1962.7 of the Civil Code, to
amend Sections 1161 and 1162 of the Code of Civil Procedure, and to
amend Section 7060.4 of the Government Code, relating to
housing.
LEGISLATIVE COUNSEL'S DIGEST
SB 1267, as amended, Allen. Low-income housing credit:
annual report. Rent: unlawful detainer: withdrawal of
accommodations from rent or lease.
Existing law requires an owner of a dwelling structure containing
one or more units offered to the public for rent or for lease for
residential purposes, or a party signing a rental agreement or lease
on behalf of the owner, to provide certain information to a tenant,
including, among other things, disclosure in the rental agreement or
lease the name and contact information of the person or entity to
whom rent payments are required to be made and, if rent payments may
be made personally, the usual days and hours that the person will be
available to receive the payments, or, at the owner's option, the
rental agreement or lease instead is required to disclose the number
of the account in a financial institution located within 5 miles of
the rental property into which rent payments may be made, and the
name and street address of the institution, or the information
necessary to establish an electronic funds transfer procedure for
paying the rent.
This bill would require that the address for payment in person be
within 5 miles of the rental property and that the rental agreement
or lease disclose a name and address to which rent may be paid by
mail.
Existing law provides that a party who enters into a rental
agreement on behalf of an owner who fails to comply with laws
requiring that certain information be provided to a tenant is deemed
an agent of each person who is an owner for, among other things,
receiving rental payments, which may be made in cash, by check, by
money order, or in any form previously accepted by the owner or
agent, unless the form of payment has been specified in the rental
agreement or the tenant has been notified by the owner in writing
that a particular form of payment is unacceptable.
This bill would omit the specific reference to cash, check, or
money order and instead would authorize payment in any manner
disclosed in the rental agreement or lease pursuant to these
provisions.
Existing law, if personal delivery is not allowed, requires that
it be conclusively presumed that upon mailing of any rent or notice
to the owner by the tenant to the name and address provided, the
notice or rent is deemed receivable by the owner on the date posted,
if the tenant can show proof of mailing.
This bill would require that presumption to be applied regardless
of whether personal delivery is allowed.
Existing law provides that a tenant of real property is guilty of
unlawful detainer in certain circumstances, including when the tenant
continues in possession without permission of the landlord after
default in the payment of rent and 3 days' notice requiring its
payment or possession of the property was served on the tenant, as
specified.
This bill would recast and clarify that provision.
Existing law provides various methods for serving notices in
unlawful detainer proceedings, including the service of notice to a
tenant, whose place of residence and business cannot be ascertained
or there is not a person of suitable age or discretion with whom to
leave a copy, by affixing a copy in a conspicuous place on the
property, delivering a copy to a person living on the property if
such person can be found, and sending a copy through the mail
addressed to the tenant at the place where the property is situated.
This bill would add that the copy sent through the mail to the
tenant be with proof of service by mail.
Existing law, commonly known as the Ellis Act, generally prohibits
public entities from adopting any statute, ordinance, or regulation,
or taking any administrative action, to compel the owner of
residential real property to offer or to continue to offer
accommodations, as defined, in the property for rent or lease.
Existing law authorizes a public entity to enact by ordinance or
statute procedures for an owner to notify the entity of his or her
intention to withdraw accommodations from rent or lease and for an
owner to notify the tenant of specified information. Existing law
provides, if the tenant or lessee is at least 62 years of age or
disabled, as defined, and has lived in the accommodations for at
least one year before the notice of intent to withdraw has been filed
with the entity, the date of withdrawal of the accommodations of
that tenant or lessee is extended for one year after delivery of the
notice to the public entity and certain other requirements apply.
This bill would additionally apply that extension if the tenant or
lessee has a custodial or family relationship with a pupil enrolled
in a primary or secondary school who lives in the accommodations, as
specified.
Existing law authorizes a public entity to also require the owner
to notify the tenant of, among other things, his or her right to
extended tenancy for one year after delivery of the notice if that
tenant or lessee is at least 62 years of age or disabled and has
lived in those accommodations for at least one year prior to the
above-referenced notice of intent to withdraw accommodations from
rent or lease.
This bill would additionally authorize a public entity to require
the owner to provide notice of this right to extend tenancy to a
tenant or lessee that has a custodial or family relationship with a
pupil enrolled in a primary or secondary school who lives in the
accommodations, as specified.
This bill also would make technical changes.
Existing law establishes the California Tax Credit Allocation
Committee in state government to allocate authorized low-income
housing tax credits to stimulate the production and rehabilitation of
shelter for lower income individuals and families. Existing law
requires the committee to allocate the housing tax credit on a
regular basis consisting of 2 or more periods during which
applications may be filed and considered. Existing law also requires
the committee to submit an annual report to the Legislature
containing specified information regarding its activities that
includes, among other things, the total amount of low-income housing
credits allocated by the committee.
This bill would expand the reporting requirements of the committee
to additionally include the total number of projects assisted by the
credit per county during the previous calendar year.
Vote: majority. Appropriation: no. Fiscal committee: yes
no . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1962 of the Civil
Code is amended to read:
1962. (a) Any owner of a dwelling structure specified in Section
1961 or a party signing a rental agreement or lease on behalf of the
owner shall do all of the following:
(1) Disclose therein the name, telephone number, and usual street
address at which personal service may be effected of each person who
is:
(A) Authorized to manage the premises.
(B) An owner of the premises or a person who is authorized to act
for and on behalf of the owner for the purpose of service of process
and for the purpose of receiving and receipting for all notices and
demands.
(2) Disclose therein the name, telephone number, and address of
the person or entity to whom rent payments shall be made.
(A) If rent payments may be made personally, the rental
agreement or lease shall disclose the usual days and hours that
the person will be available to receive the payments shall
also be disclosed. and the address for payment shall
be within five miles of the rental property.
(B) The rental agreement or lease shall disclose a name and
address to which the rent may be tendered by mail.
(B) At the owner's option, the rental agreement or lease shall
instead disclose
(C) The rental agreement or lease also
may provide the number of either:
(i) The account in a financial institution into which rent
payments may be made, and the name and street address of the
institution; provided that the institution is located within five
miles of the rental property.
(ii) The information necessary to establish an electronic funds
transfer procedure for paying the rent.
(3) Disclose therein the any other
form or forms in which rent payments are to be made.
will be accepted.
(4) Provide a copy of the rental agreement or lease to the tenant
within 15 days of its execution by the tenant. Once each calendar
year thereafter, upon request by the tenant, the owner or owner's
agent shall provide an additional copy to the tenant within 15 days.
If the owner or owner's agent does not possess the rental agreement
or lease or a copy of it, the owner or owner's agent shall instead
furnish the tenant with a written statement stating that fact and
containing the information required by paragraphs (1), (2), and (3).
(b) In the case of an oral rental agreement, the owner, or a
person acting on behalf of the owner for the receipt of rent or
otherwise, shall furnish the tenant, within 15 days of the agreement,
with a written statement containing the information required by
paragraphs (1), (2), and (3) of subdivision (a). Once each calendar
year thereafter, upon request by the tenant, the owner or owner's
agent shall provide an additional copy of the statement to the tenant
within 15 days.
(c) The information required by this section shall be kept current
and this section shall extend to and be enforceable against any
successor owner or manager, who shall comply with this section within
15 days of succeeding the previous owner or manager. A successor
owner or manager shall not serve a notice pursuant to paragraph (2)
of Section 1161 of the Code of Civil Procedure or otherwise evict a
tenant for nonpayment of rent that accrued during the period of
noncompliance by a successor owner or manager with this subdivision.
Nothing in this subdivision shall relieve the tenant of any liability
for unpaid rent.
(d) A party who enters into a rental agreement on behalf of the
owner who fails to comply with this section is deemed an agent of
each person who is an owner:
(1) For the purpose of service of process and receiving and
receipting for notices and demands.
(2) For the purpose of performing the obligations of the owner
under law and under the rental agreement.
(3) For the purpose of receiving rental payments, which may be
made in cash, by check, by money order, any
manner pursuant to subdivision (a) or in any
form manner previously accepted by the
owner or owner's agent, unless the form of payment has been specified
in the oral or written agreement, agreement
or the tenant has been notified by the owner in writing that a
particular form of payment is unacceptable.
(e) Nothing in this section limits or excludes the liability of
any undisclosed owner.
(f) If the address provided by the owner does not allow
for personal delivery, then it shall It shall be
conclusively presumed that upon the mailing of any rent or notice to
the owner by the tenant to the name and address provided, the notice
or rent is deemed receivable by the owner on the date posted, if the
tenant can show proof of mailing to the name and address provided by
the owner.
SEC. 2. Section 1962.7 of the
Civil Code is amended to read:
1962.7. In the event an owner, successor owner, manager, or agent
specified in Section 1961 fails to comply with the requirements of
this chapter, service of process by a tenant with respect to a
dispute arising out of the tenancy may be made by registered or
certified mail sent to the address at which rent is paid,
may be tendered, in which case the provisions of
Section 1013 of the Code of Civil Procedure shall apply.
SEC. 3. Section 11 61 of the
Code of Civil Procedure is amended to read:
1161. A tenant of real property, for a term less than life, or
the executor or administrator of his or her estate heretofore
qualified and now acting or hereafter to be qualified and act, is
guilty of unlawful detainer:
1. When he or she continues in possession, in person or by
subtenant, of the property, or any part thereof, after the expiration
of the term for which it is let to him or her; provided the
expiration is of a nondefault nature however brought about without
the permission of his or her landlord, or the successor in estate of
his or her landlord, if applicable; including the case where the
person to be removed became the occupant of the premises as a
servant, employee, agent, or licensee and the relation of master and
servant, or employer and employee, or principal and agent, or
licensor and licensee, has been lawfully terminated or the time fixed
for occupancy by the agreement between the parties has expired; but
nothing in this subdivision shall be construed as preventing the
removal of the occupant in any other lawful manner; but in case of a
tenancy at will, it must first be terminated by notice, as prescribed
in the Civil Code.
2. When he or she continues in possession, in person or by
subtenant, without the permission of his or her landlord, or the
successor in estate of his or her landlord, if applicable, after
default in the payment of rent, pursuant to the lease or agreement
under which the property is held, and three days' notice, in writing,
requiring its payment, stating the amount which is due, the
name, telephone number, and address of the person to whom the rent
payment shall be made, and, if payment may be made personally, the
usual days and hours that person will be available to receive the
payment (provided that, if the address does not allow for personal
delivery, then it shall be conclusively presumed that upon the
mailing of any rent or notice to the owner by the tenant to the name
and address provided, the notice or rent is deemed received by the
owner on the date posted, if the tenant can show proof of mailing to
the name and address provided by the owner), or the number of an
account in a financial institution into which the rental payment may
be made, and the name and street address of the institution (provided
that the institution is located within five miles of the rental
property), or if an electronic funds transfer procedure has been
previously established, that payment may be made pursuant to that
procedure, or possession of the property, shall have been served upon
him or her and if there is a subtenant in actual occupation of the
premises, also upon the subtenant. possession of the
property or payment of rent, shall have been served upon him or her,
and if there is a subtenant in actual occupation of the premises,
also upon the subtenant. The notice shall state the amount which is
due and the name, telephone number, and address of the person to whom
the rent payment shall be made. If payment may be made personally,
the notice shall state the usual days and hours that person will be
available to receive the payment. If payment may be made at a
financial institution, the notice shall state the number of an
account in a financial institution into which the rental payment may
be made, and the name and street address of the
institution, provided that the institution is located within five
miles of the rental property. If an electronic funds transfer
procedure has been previously established, the notice shall state
that payment may be made pursuant to that procedure. It
shall be conclusively presumed that upon the mailing of any rent or
notice to the owner by the tenant to the name and mailing address
required to be provided, the notice or rent is deemed received by the
owner on the date posted if the tenant can show proof of mailing to
the name and address provided by the owner.
The notice may be served at any time within one year after the
rent becomes due. In all cases of tenancy upon agricultural lands,
where the tenant has held over and retained possession for more than
60 days after the expiration of the term without any demand of
possession or notice to quit by the landlord or the successor in
estate of his or her landlord, if applicable, he or she shall be
deemed to be holding by permission of the landlord or successor in
estate of his or her landlord, if applicable, and shall be entitled
to hold under the terms of the lease for another full year, and shall
not be guilty of an unlawful detainer during that year, and the
holding over for that period shall be taken and construed as a
consent on the part of a tenant to hold for another year.
3. When he or she continues in possession, in person or by
subtenant, after a neglect or failure to perform other conditions or
covenants of the lease or agreement under which the property is held,
including any covenant not to assign or sublet, than the one for the
payment of rent, and three days' notice, in writing, requiring the
performance of such conditions or covenants, or the possession of the
property, shall have been served upon him or her, and if there is a
subtenant in actual occupation of the premises, also, upon the
subtenant. Within three days after the service of the notice, the
tenant, or any subtenant in actual occupation of the premises, or any
mortgagee of the term, or other person interested in its
continuance, may perform the conditions or covenants of the lease or
pay the stipulated rent, as the case may be, and thereby save the
lease from forfeiture; provided, if the conditions and covenants of
the lease, violated by the lessee, cannot afterward be performed,
then no notice, as last prescribed herein, need be given to the
lessee or his or her subtenant, demanding the performance of the
violated conditions or covenants of the lease.
A tenant may take proceedings, similar to those prescribed in this
chapter, to obtain possession of the premises let to a subtenant or
held by a servant, employee, agent, or licensee, in case of his or
her unlawful detention of the premises underlet to him or her or held
by him or her.
4. Any tenant, subtenant, or executor or administrator of his or
her estate heretofore qualified and now acting, or hereafter to be
qualified and act, assigning or subletting or committing waste upon
the demised premises, contrary to the conditions or covenants of his
or her lease, or maintaining, committing, or permitting the
maintenance or commission of a nuisance upon the demised premises or
using the premises for an unlawful purpose, thereby terminates the
lease, and the landlord, or his or her successor in estate, shall
upon service of three days' notice to quit upon the person or persons
in possession, be entitled to restitution of possession of the
demised premises under this chapter. For purposes of this
subdivision, a person who commits or maintains a public nuisance as
described in Section 3482.8 of the Civil Code, or who commits an
offense described in subdivision (c) of Section 3485 of the Civil
Code, or subdivision (c) of Section 3486 of the Civil Code, or uses
the premises to further the purpose of that offense shall be deemed
to have committed a nuisance upon the premises.
5. When he or she gives written notice as provided in Section 1946
of the Civil Code of his or her intention to terminate the hiring of
the real property, or makes a written offer to surrender which is
accepted in writing by the landlord, but fails to deliver possession
at the time specified in that written notice, without the permission
of his or her landlord, or the successor in estate of the landlord,
if applicable.
As used in this section, tenant includes any person who hires real
property except those persons whose occupancy is described in
subdivision (b) of Section 1940 of the Civil Code.
This section shall become operative on January 1, 2012.
SEC. 4. Section 1162 of the Code of
Civil Procedure is amended to read:
1162. (a) Except as provided in subdivision (b), the notices
required by Sections 1161 and 1161a may be served by any of the
following methods:
(1) By delivering a copy to the tenant personally.
(2) If he or she is absent from his or her place of residence, and
from his or her usual place of business, by leaving a copy with some
person of suitable age and discretion at either place, and sending a
copy through the mail addressed to the tenant at his or her place of
residence.
(3) If such place of residence and business cannot be ascertained,
or a person of suitable age or discretion there can not
cannot be found, then by affixing a copy in a
conspicuous place on the property, and also delivering a copy to a
person there residing, if such person can be found; and also sending
a copy through the mail addressed to the tenant at the place where
the property is situated. situated with proof
of service by mail. Service upon a subtenant may be made in
the same manner.
(b) The notices required by Section 1161 may be served upon a
commercial tenant by any of the following methods:
(1) By delivering a copy to the tenant personally.
(2) If he or she is absent from the commercial rental property, by
leaving a copy with some person of suitable age and discretion at
the property, and sending a copy through the mail addressed to the
tenant at the address where the property is situated.
(3) If, at the time of attempted service, a person of suitable age
or discretion is not found at the rental property through the
exercise of reasonable diligence, then by affixing a copy in a
conspicuous place on the property, and also sending a copy through
the mail addressed to the tenant at the address where the property is
situated. Service upon a subtenant may be made in the same manner.
(c) For purposes of subdivision (b), "commercial tenant" means a
person or entity that hires any real property in this state that is
not a dwelling unit, as defined in subdivision (c) of Section 1940 of
the Civil Code, or a mobilehome, as defined in Section 798.3 of the
Civil Code.
SEC. 5. Section 7060.4 of the Government
Code is amended to read:
7060.4. (a) Any public entity which, by a valid exercise of its
police power, has in effect any control or system of control on the
price at which accommodations are offered for rent or lease, may
require by statute or ordinance, or by regulation as specified in
Section 7060.5, that the owner notify the entity of an intention to
withdraw those accommodations from rent or lease and may require that
the notice contain statements, under penalty of perjury, providing
information on the number of accommodations, the address or location
of those accommodations, the name or names of the tenants or lessees
of the accommodations, and the rent applicable to each residential
rental unit.
Information respecting the name or names of the tenants, the rent
applicable to any residential rental unit, or the total number of
accommodations, is confidential information and for purposes of this
chapter shall be treated as confidential information by any public
entity for purposes of the Information Practices Act of 1977 (Chapter
1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division
3 of the Civil Code). A public entity shall, to the extent required
by the preceding sentence, be considered an "agency," as defined by
subdivision (d) of Section 1798.3 of the Civil Code.
(b) The statute, ordinance, or regulation of the public entity may
require that the owner record with the county recorder a memorandum
summarizing the provisions, other than the confidential provisions,
of the notice in a form which shall be prescribed by the statute,
ordinance, or regulation, and require a certification with that
notice that actions have been initiated as required by law to
terminate any existing tenancies. In that situation, the date on
which the accommodations are withdrawn from rent or lease for
purposes of this chapter is 120 days from the delivery in person or
by first-class mail of that notice to the public entity. However, if
the tenant or lessee is at least 62 years of age or
disabled, and age, disabled, or has a custodial or
family relationship with a pupil enrolled in a primary or secondary
school who lives in the accommodations, and the tenant or lessee
has lived in his or her accommodations for at least one year
prior to the date of delivery to the public entity of the notice of
intent to withdraw pursuant to subdivision (a), then the date of
withdrawal of the accommodations of that tenant or lessee shall be
extended to one year after the date of delivery of that notice to the
public entity, provided that the tenant or lessee gives written
notice of his or her entitlement to an extension to the owner within
60 days of the date of delivery to the public entity of the notice of
intent to withdraw. In that situation, the following provisions
shall apply:
(1) The tenancy shall be continued on the same terms and
conditions as existed on the date of delivery to the public entity of
the notice of intent to withdraw, subject to any adjustments
otherwise available under the system of control.
(2) No party shall be relieved of the duty to perform any
obligation under the lease or rental agreement.
(3) The owner may elect to extend the date of withdrawal on any
other accommodations up to one year after date of delivery to the
public entity of the notice of intent to withdraw, subject to
paragraphs (1) and (2).
(4) Within 30 days of the notification by the tenant or lessee to
the owner of his or her entitlement to an extension, the owner shall
give written notice to the public entity of the claim that the tenant
or lessee is entitled to stay in their accommodations for one year
after date of delivery to the public entity of the notice of intent
to withdraw.
(5) Within 90 days of date of delivery to the public entity of the
notice of intent to withdraw, the owner shall give written notice to
the public entity and the affected tenant or lessee of the owner's
election to extend the date of withdrawal and the new date of
withdrawal under paragraph (3).
(c) The statute, ordinance, or regulation of the public entity
adopted pursuant to subdivision (a) may also require the owner to
notify any tenant or lessee displaced pursuant to this chapter of the
following:
(1) That the public entity has been notified pursuant to
subdivision (a).
(2) That the notice to the public entity specified the name and
the amount of rent paid by the tenant or lessee as an occupant of the
accommodations.
(3) The amount of rent the owner specified in the notice to the
public entity.
(4) Notice to the tenant or lessee of his or her rights under
paragraph (3) of subdivision (b) of Section 7060.2.
(5) Notice to the tenant or lessee of the following:
(A) If the tenant or lessee is at least 62 years of age
or disabled, and age, disabled, or has a custodial or
family relationship with a pupil enrolled in a primary or secondary
school who lives in the accommodations, and the tenant or lessee
has lived in his or her accommodations for at least one year
prior to the date of delivery to the public entity of the notice of
intent to withdraw, then tenancy shall be extended to one year after
date of delivery to the public entity of the notice of intent to
withdraw, provided that the tenant or lessee gives written notice of
his or her entitlement to the owner within 60 days of date of
delivery to the public entity of the notice of intent to withdraw.
(B) The extended tenancy shall be continued on the same terms and
conditions as existed on date of delivery to the public entity of the
notice of intent to withdraw, subject to any adjustments otherwise
available under the system of control.
(C) No party shall be relieved of the duty to perform any
obligation under the lease or rental agreement during the extended
tenancy.
(d) The statute, ordinance, or regulation of the public entity
adopted pursuant to subdivision (a) may also require the owner to
notify the public entity in writing of an intention to again offer
the accommodations for rent or lease.
SECTION 1. Section 50199.15 of the Health and
Safety Code is amended to read:
50199.15. (a) The committee shall annually submit to the
Legislature by April 1 of each year a report specifying, with respect
to its activities under this chapter during the previous calendar
year, (1) the total amount of low-income housing credits allocated by
the committee, (2) the total number of units assisted by the credit
that are, or are to be, occupied by households whose income is 60
percent or less of area median gross income, (3) the amount of the
credit allocated to each project, the other financing available to
the project, and the number of units that are, or are to be, therein
occupied by households whose income is 60 percent or less of area
median gross income, (4) sufficient information to identify the
project, and (5) the total number of units assisted by the credit per
county during the previous calendar year.
(b) The committee shall also include in its annual report to the
Legislature, an aggregation of the information which shall be
submitted annually by housing sponsors for all projects which have
received an allocation in previous years, specifying all of the
following:
(1) Information sufficient to identify the project.
(2) The total number of units in the project.
(3) The total number of units assisted by the credit that are
required to be occupied by households whose income is 60 percent or
less of the area median gross income as a condition of receiving a
tax credit.
(4) The total number of units assisted by the credit that are
occupied by households whose income is 60 percent or less of the area
median gross income.
(c) The committee shall also include in its annual report to the
Legislature, any recommendations for improvement in the low-income
housing tax credit.
