Bill Text: CA AB331 | 2009-2010 | Regular Session | Amended

California Assembly Bill 331 (Prior Session Legislation)

Bill Title: Hiring of real property.

Spectrum: Moderate Partisan Bill (Democrat 7-2)

Status: (Engrossed - Dead) 2009-07-01 - In committee: Set, final hearing. Hearing canceled at the request of author. From committee without further action pursuant to Joint Rule 62(a). [AB331 Detail]

Download: California-2009-AB331-Amended.html

BILL NUMBER: AB 331	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 19, 2009
	AMENDED IN ASSEMBLY  MAY 4, 2009
	AMENDED IN ASSEMBLY  APRIL 23, 2009
	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Member Hall
   (Coauthors: Assembly Members  Brownley,  Carter, De Leon,
Fuentes, Gilmore,  Monning,   Nielsen,  and
Portantino)

                        FEBRUARY 18, 2009

   An act to add Section 1940.95 to the Civil Code, relating to real
property.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 331, as amended, Hall. Hiring of real property.
   Existing law contains various provisions regulating the hiring of
real property, as specified.
   This bill would require the landlord, at the time of the execution
of the rental agreement of a single-family  or multifamily 
dwelling unit,  not to exceed 4 units,  to disclose in
writing if the property is subject to any outstanding notice of
default, pending suit to foreclose a mortgage, pending declaration of
forfeiture, or any pending proceeding to foreclose a tax lien, as
specified. This bill would allow the tenant to recover twice the
actual damages or twice the monthly rent, whichever is greater, and
all prepaid rent, if the tenancy terminates, as provided.
   The provisions of this bill would not apply to premises managed by
a  court appointed   court-appointed 
receiver.
   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 1940.95 is added to the Civil Code, to read:
   1940.95.  (a) If at the time of the execution of a rental
agreement of a single-family  dwelling unit   or
multifamily dwelling unit, not to exceed four units,  the
premises are subject to any of the following circumstances, and the
landlord has received written notice regarding the existence of any
of those circumstances, the landlord shall disclose those facts to
the tenant in writing before the execution of the rental agreement:
   (1) Any outstanding notice of default under a trust deed,
mortgage, or contract of sale, or notice of trustee's sale under a
trust deed.
   (2) Any pending suit to foreclose a mortgage, trust deed, or
vendor's lien under a contract of sale.
   (3) Any pending declaration of forfeiture or suit for specific
performance of a contract of sale.
   (4) Any pending proceeding to foreclose a tax lien.
   (b) If the tenancy terminates as a result of a circumstance that
the landlord failed to disclose as required by subdivision (a), the
tenant may recover from the landlord twice the actual damages or
twice the monthly rent, whichever is greater, and all prepaid rent,
in addition to any other remedy that the law may provide.
   (c) This section shall not apply to premises managed by a court
appointed receiver.