Bill Text: CA SB1439 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Residential real property: withdrawal of accommodations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2014-06-18 - Set, first hearing. Failed passage in committee. Reconsideration granted. [SB1439 Detail]

Download: California-2013-SB1439-Introduced.html

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BILL NUMBER: SB 1439	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Leno

                        FEBRUARY 21, 2014

   An act to add Section 7060.8 to the Government Code, relating to
residential real property.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1439, as introduced, Leno. Residential real property:
withdrawal of accommodations.
   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.
   This bill would authorize the County of San Francisco to prohibit
an owner of accommodations from withdrawing accommodations or
prosecuting an action to recover possession of accommodations, or
threatening to do so, if not all the owners of the accommodations
have been owners of record for 5 continuous years or more or with
respect to property that the owner acquired after providing notice of
an intent to withdraw accommodations at a different property. Among
other things, the bill would also permit the county to require an
owner of accommodations notifying the county of an intention to
withdraw accommodations from rent or lease to identify each person or
entity with an ownership interest in the accommodations and to
identify all persons or entities with an ownership interest in an
entity, which information would be available for public inspection.
The bill would provide specified, nonexclusive remedies that the
county would be authorized to provide for a violation of these
provisions.
   This bill would make legislative findings and declarations as to
the necessity of a special statute for the County of San Francisco.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 7060.8 is added to the Government Code, to
read:
   7060.8.  (a) This section shall apply only to a county of the
sixth class as defined by Sections 28020 and 28027.
   (b) Notwithstanding any other provision of this chapter, the
county by statute, ordinance, ballot measure, executive directive,
resolution, or regulation may provide that:
   (1) An owner of accommodations shall not withdraw accommodations
pursuant to this chapter, prosecute an action to recover possession
of accommodations pursuant to this chapter, or threaten to do either
of these things, unless all the owners of the accommodations have
been owners of record for five continuous years or more. If an owner
of record is not a natural person, then all persons or entities with
an ownership interest in that entity shall have held that interest
for five continuous years.
   (2) An owner of accommodations shall not withdraw accommodations
pursuant to this chapter, prosecute an action to recover possession
of accommodations pursuant to this chapter, or threaten to do either
of these things, with respect to accommodations acquired after the
date that owner provided notice of an intent to withdraw
accommodations at a different property. For purposes of this
paragraph, an owner of accommodations includes any person or entity
with an ownership interest in an entity that owns the accommodations.

   (3) An owner of record of accommodations, or any person or entity
with an equity interest in the owner of record, shall not act in
concert with a coowner, successor owner, prospective owner, agent,
employee, or assignee, directly or indirectly, to circumvent the
limitations of paragraph (1) or (2).
   (4) An owner of accommodations notifying the county of an
intention to withdraw accommodations from rent or lease shall
identify each person or entity with an ownership interest in the
accommodations, and if any entity is not a natural person, identify
all persons or entities with an ownership interest in that entity.
This information shall not be confidential and shall be available for
public inspection.
   (c) The county may provide that a person or entity that violates
the provisions described in subdivision (b) is liable to the tenant
or lessee for actual damages, special damages of not less than two
thousand dollars ($2,000) for each violation, and reasonable attorney
fees and costs in an amount fixed by the court. The remedy provided
by this section is not exclusive and shall not preclude either the
tenant or lessee from pursuing any other remedy provided by law.
  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 recent significant increase in the evictions under the
Ellis Act in the City and County of San Francisco and the consequent
displacement of long-time residents and severe reduction of
availability of affordable rental housing in San Francisco.