Bill Text: CA SB939 | 2019-2020 | Regular Session | Amended
Bill Title: Emergencies: COVID-19: commercial tenancies: evictions.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2020-06-18 - June 18 hearing: Held in committee and under submission. [SB939 Detail]
Download: California-2019-SB939-Amended.html
Amended
IN
Senate
May 13, 2020 |
Amended
IN
Senate
March 25, 2020 |
Amended
IN
Senate
March 12, 2020 |
Introduced by Senators Wiener and Lena Gonzalez (Coauthor: Assembly Member Kalra) |
February 06, 2020 |
LEGISLATIVE COUNSEL'S DIGEST
By adding a new crime, this bill would impose a state-mandated local program.
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 no reimbursement is required by this act for a specified reason.
Digest Key
Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
(a)It shall be unlawful for a person, business, or other entity to evict a tenant of commercial real property, including a business or non-profit organization, during the pendency of the State of Emergency proclaimed by the Governor on March 4, 2020, related to COVID-19.
(b)(1)A violation of this section is a misdemeanor punishable by imprisonment in a county jail for a period not exceeding one year, or by a fine of not more than ten thousand dollars ($10,000), or by both that fine and imprisonment.
(2)A violation of this section shall constitute an unlawful business practice and an act
of unfair competition within the meaning of Section 17200 of the Business and Professions Code. The remedies and penalties provided by this section are cumulative to each other, the remedies under Section 17200 of the Business and Professions Code, and the remedies or penalties available under all other laws of this state.
(c)An eviction in violation of this section that occurred after the Proclamation of the State of Emergency but before the effective date of this section shall be deemed void, against public policy, and unenforceable.
(d)It is not a violation of this section for a person, business, or other entity to continue an eviction process that was lawfully begun prior to the Proclamation of the State of Emergency.
(e)This section does not preempt any local ordinance prohibiting the same or similar conduct or imposing a more severe penalty for the same conduct prohibited by this section.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because 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.