BILL NUMBER: AB 530 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 26, 2009
AMENDED IN SENATE JUNE 28, 2009
AMENDED IN SENATE JUNE 9, 2009
AMENDED IN ASSEMBLY MAY 5, 2009
INTRODUCED BY Assembly Member Krekorian
FEBRUARY 25, 2009
An act to amend and repeal Section 3485 of, and to add, repeal,
and add Section 3486 of, the Civil Code, to amend Section 1161 of the
Code of Civil Procedure, and to repeal and add Section 11571.1 of
the Health and Safety Code, relating to unlawful detainer.
LEGISLATIVE COUNSEL'S DIGEST
AB 530, as amended, Krekorian. Unlawful detainer: controlled
substances and firearms.
Existing law establishes the criteria for determining when a
tenant is guilty of unlawful detainer, including conduct involving
illegally selling a controlled substance, or the commission of an
offense involving the unlawful possession or use of illegal weapons
or ammunition or the use of the premises to further that purpose. Any
of those acts may be deemed to constitute committing a nuisance on
the premises.
Existing law authorizes, in specified counties, only until January
1, 2010, a city prosecutor or city attorney to file an action for
unlawful detainer in the name of the people against any person who is
in violation of the nuisance or the illegal purpose provisions of
the unlawful detainer provision described above, with respect to
controlled substances or unlawful weapons or ammunition. These
provisions also impose specified reporting requirements regarding the
implementation of these programs upon the city attorney and city
prosecutor of each participating jurisdiction. The information
compiled pursuant to these provisions is reported annually to the
Judicial Council on or before January 30 of each year. The Judicial
Council is required to report to the Legislature, as specified.
This bill would expand the scope of the latter provisions to apply
in additional specified counties, revise the reporting requirements
to require, among other changes, that the reports be made to the
California Research Bureau, rather than the Judicial Council, and
that the California Research Bureau report to the Legislature, as
specified, and would make the provisions operative until January 1,
2014. In the County of Los Angeles, however, in courts that have a
specified jurisdiction, the provision authorizing an action for
unlawful detainer with respect to a violation relating to controlled
substances would be operative indefinitely, except as specified.
The bill would also require the 2013 report to indicate
whether the City of Los Angeles has regularly reported to the bureau.
In the City of Los Angeles, certain provisions would remain in
effect indefinitely if the city has regularly reported to the bureau.
The bill would provide that the city would be deemed to have
regularly reported if the 2013 report indicates that fact. The
bill would also make related technical changes.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3485 of the Civil Code is amended to read:
3485. (a) To abate the nuisance caused by illegal conduct
involving an unlawful weapons or ammunition purpose on real property,
the city prosecutor or city attorney may file, in the name of the
people, an action for unlawful detainer against any person who is in
violation of the nuisance or illegal purpose provisions of
subdivision 4 of Section 1161 of the Code of Civil Procedure, with
respect to that unlawful weapons or ammunition purpose. In filing
this action, which shall be based upon an arrest report or other
report by a law enforcement agency, reporting an offense committed on
the property and documented by the observations of a police officer,
the city prosecutor or city attorney shall use
utilize the procedures set forth in Chapter 4 (commencing
with Section 1159) of Title 3 of Part 3 of the Code of Civil
Procedure, except that in cases filed under this section, the
following also shall apply:
(1) (A) Prior to filing an action pursuant to this section, the
city prosecutor or city attorney shall give 30 calendar days' written
notice to the owner, requiring the owner to file an action for the
removal of the person who is in violation of the nuisance or illegal
purpose provisions of subdivision 4 of Section 1161 of the Code of
Civil Procedure with respect to an unlawful weapons or ammunition
purpose.
(B) This notice shall include sufficient documentation
establishing a violation of the nuisance or illegal purpose
provisions of subdivision 4 of Section 1161 of the Code of Civil
Procedure and an advisement to the owner of the assignment provision
contained in subparagraph (D). The notice shall be served upon the
owner and the tenant in accordance with subdivision (e).
(C) The notice to the tenant shall, in at least 14-point bold
type, meet the following requirements:
(i) The notice shall contain the following language:
"(Date)
(Name of tenant)
(Address of tenant)
Re: Civil Code Section 3485
Dear (name of tenant):
This letter is to inform you that an eviction action may soon be
filed in court against you for suspected firearms activity. According
to state law, Civil Code Section 3485 provides for eviction of
persons engaging in such conduct, as described below.
(Name of police department) records indicate that you, (name of
arrestee), were arrested on (date) for violations of (list
violations) on (address of property).
A letter has been sent to the property owner(s) advising of your
arrest and the requirements of state law, as well as the landlord's
option to assign the unlawful detainer action to the (name of city
attorney or prosecutor's office).
A list of legal assistance providers is provided below. Please
note, this list is not exclusive and is provided for your information
only; the (name of city attorney or prosecutor's office) does not
endorse or recommend any of the listed agencies.
Sincerely,
(Name of deputy city attorney or city prosecutor)
Deputy City (Attorney or Prosecutor)
Notice to Tenant: This notice is not a notice of eviction. You
should call (name of the city attorney or prosecutor pursuing the
action) at (telephone number) or a legal assistance provider to stop
the eviction action if any of the following is applicable:
(1) You are not the person named in this notice.
(2) The person named in the notice does not live with you.
(3) The person named in the notice has permanently moved.
(4) You do not know the person named in the notice.
(5) You want to request that only the person involved in the
nuisance be evicted, allowing the other residents to stay.
(6) You have any other legal defense or legal reason to stop
the eviction action. A list of legal assistance providers is attached
to this notice. Some provide free legal assistance if you are
eligible."
(ii) The notice shall be provided to the tenant in English and, as
translated, in all of the languages identified in subdivision (a) of
Section 1632 of the Civil Code.
(D) The owner shall, within 30 calendar days of the mailing of the
written notice, either provide the city prosecutor or city attorney
with all relevant information pertaining to the unlawful detainer
case, or provide a written explanation setting forth any
safety-related reasons for noncompliance, and an assignment to the
city prosecutor or city attorney of the right to bring an unlawful
detainer action against the tenant.
(E) The assignment shall be on a form provided by the city
prosecutor or city attorney and may contain a provision for costs of
investigation, discovery, and reasonable attorney's fees, in an
amount not to exceed six hundred dollars ($600).
(F) If the city prosecutor or city attorney accepts the assignment
of the right of the owner to bring the unlawful detainer action, the
owner shall retain all other rights and duties, including the
handling of the tenant's personal property, following issuance of the
writ of possession and its delivery to and execution by the
appropriate agency.
(2) Upon the failure of the owner to file an action pursuant to
this section, or to respond to the city prosecutor or city attorney
as provided in paragraph (1), or having filed an action, if the owner
fails to prosecute it diligently and in good faith, the city
prosecutor or city attorney may file and prosecute the action, and
join the owner as a defendant in the action. This action shall have
precedence over any similar proceeding thereafter brought by the
owner, or to one previously brought by the owner and not prosecuted
diligently and in good faith. Service of the summons and complaint
upon the defendant owner shall be in accordance with Sections 415.10,
415.20, 415.30, 415.40, and 415.50 of the Code of Civil Procedure.
(3) If a jury or court finds the defendant tenant guilty of
unlawful detainer in a case filed pursuant to paragraph (2), the city
prosecutor or city attorney may be awarded costs, including the
costs of investigation and discovery and reasonable attorney's fees.
These costs shall be assessed against the defendant owner, to whom
notice was directed pursuant to paragraph (1), and once an abstract
of judgment is recorded, it shall constitute a lien on the subject
real property.
(4) This article section shall not
prevent a local governing body from adopting and enforcing laws,
consistent with this article section ,
relating to weapons or ammunition abatement. If local laws duplicate
or supplement this article, this article
section, this section shall be construed as providing
alternative remedies and not preempting the field.
(5) This article section shall not
prevent a tenant from receiving relief against a forfeiture of a
lease pursuant to Section 1179 of the Code of Civil Procedure.
(b) In any proceeding brought under this section, the court may,
upon a showing of good cause, issue a partial eviction ordering the
removal of any person, including, but not limited to, members of the
tenant's household if the court finds that the person has engaged in
the activities described in subdivision (a). Persons removed pursuant
to this section may be permanently barred from returning to or
reentering any portion of the entire premises. The court may further
order as an express condition of the tenancy that the remaining
tenants shall not give permission to or invite any person who has
been removed pursuant to this subdivision to return to or reenter any
portion of the entire premises.
(c) For purposes of this section, "unlawful weapons or ammunition
purpose" means the illegal use, manufacture, causing to be
manufactured, importation, possession, possession for sale, sale,
furnishing, or giving away of any of the following:
(1) A firearm, as defined in subdivision (b) of Section 12001 of
the Penal Code.
(2) Any ammunition, as defined in paragraph (2) of subdivision (b)
of Section 12316 or subdivisions (a) and (b) of Section 12323 of the
Penal Code.
(3) Any assault weapon, as defined in Section 12276, 12276.1, or
12276.5 of the Penal Code.
(4) Any .50 BMG rifle, as defined in Section 12278 of the Penal
Code.
(5) Any tear gas weapon, as defined in Section 12402 of the Penal
Code.
(d) Notwithstanding subdivision (b) of Section 68097.2 of the
Government Code, a public entity may waive all or part of the costs
incurred in furnishing the testimony of a peace officer in an
unlawful detainer action brought pursuant to this section.
(e) The notice and documentation described in paragraph (1) of
subdivision (a) shall be given in writing and may be given either by
personal delivery or by deposit in the United States mail in a sealed
envelope, postage prepaid, addressed to the owner at the address
known to the public entity giving the notice, or as shown on the last
equalized assessment roll, if not known. Separate notice of not less
than 30 calendar days and documentation shall be provided to the
tenant in accordance with this subdivision. Service by mail shall be
deemed to be completed at the time of deposit in the United States
mail. Proof of giving the notice may be made by a declaration signed
under penalty of perjury by any employee of the public entity which
shows service in conformity with this section.
(f) This section shall apply only to the following courts:
(1) In the County of Los Angeles, any court having jurisdiction
over unlawful detainer cases involving real property situated in the
City of Los Angeles or the City of Long Beach.
(2) In the County of San Diego, any court having jurisdiction over
unlawful detainer cases involving real property situated in the City
of San Diego.
(3) In the County of Alameda, any court with jurisdiction over
unlawful detainer cases involving real property situated in the City
of Oakland.
(4) In the County of Sacramento, any court with jurisdiction over
unlawful detainer cases involving real property situated in the City
of Sacramento.
(g) (1) The city attorney and city prosecutor of each
participating jurisdiction shall provide to the California Research
Bureau the following information:
(A) The number of notices provided pursuant to paragraph (1) of
subdivision (a).
(B) For each notice provided pursuant to paragraph (1) of
subdivision (a), the following information:
(i) The name and age, as provided by the landlord, of each person
residing at the noticed address.
(ii) Whether the person has previously received a notice pursuant
to this section from the reporting city attorney or prosecutor, and
if so, whether the tenant vacated or was evicted as a result.
(C) For the tenant receiving the notice, whether the tenant has
previously been arrested (other than an arrest that is the basis of
this notice) for any of the offenses specified in subdivision (c).
(D) The number of cases filed by an owner, upon notice.
(E) The number of assignments executed by owners to the city
attorney or city prosecutor.
(F) The number of three-day, 30-day, or 60-day notices issued by
the city attorney or city prosecutor.
(G) The number of cases filed by the city attorney or city
prosecutor.
(H) The number of times that an owner is joined as a defendant
pursuant to this section.
(I) For each case the subtotal of cases
filed by an owner, the city attorney, or the city prosecutor,
the following information:
(i) The number of judgments ordering an eviction or partial
eviction, and specifying whether each was a default judgment,
stipulated judgment, or judgment following trial.
(ii) The number of cases, listed by separate categories, in which
the case was withdrawn or in which the tenant prevailed.
(iii) The number of other dispositions, and specifying the
disposition.
(iv) The number of defendants represented by counsel.
(v) Whether the case was a trial by the court or a trial by a
jury.
(vi) Whether an appeal was taken, and, if so, the result of the
appeal.
(vii) The number of cases in which partial eviction was requested,
and the number of cases in which the court ordered a partial
eviction.
(J) For each case in which a notice was issued
the subtotal of cases in which a notice was provided pursuant to
subdivision (a) , but no case was filed, the following
information:
(i) The number of instances in which a tenant voluntarily vacated
subsequent to receiving the notice .
(ii) The number of instances in which a tenant vacated a unit
prior to the providing of the notice.
(iii) The number of cases in which the notice provided pursuant to
subdivision (a) was erroneously sent to the tenant. This shall
include a list of the reasons, if known, for the erroneously sent
notice, such as reliance on information on the suspected violator's
name or address that was incorrect, a clerical error, or any other
reason.
(iv) The number of other resolutions, and specifying the type of
resolution.
(K) For each case in which a notice was issued and the tenants
either vacated the premises before a judgment in the unlawful
detainer action or lost the unlawful detainer action and
were evicted, the street address, city, and ZIP Code of
residence where the tenants relocated, to the extent known.
(2) (A) Information compiled pursuant to this section shall be
reported annually to the California Research Bureau on or before
January 20.
(B) The California Research Bureau shall thereafter submit a brief
report to the Senate and Assembly Committees on Judiciary once on or
before March 20, 2011, and once on or before March 20, 2013,
summarizing the information collected pursuant to this section and
evaluating the merits of the pilot programs established by this
section. The report for this section may be combined with the
California Research Bureau report submitted for the pilot program
established by Section 3486 of the Civil Code. The 2013 report
shall indicate whether the City of Los Angeles has
regularly reported to the bureau.
(3) Personally identifiable information submitted to the
California Research Bureau pursuant to this section shall be
confidential and shall not be publicly disclosed.
(h) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 2. Section 3486 is added to the Civil Code, to read:
3486. (a) To abate the nuisance caused by illegal conduct
involving a controlled substance purpose on real property, the city
prosecutor or city attorney may file, in the name of the people, an
action for unlawful detainer against any person who is in violation
of the nuisance or illegal purpose provisions of subdivision 4 of
Section 1161 of the Code of Civil Procedure, with respect to that
controlled substance purpose. In filing this action, which shall be
based upon an arrest report or other report by a law enforcement
agency, reporting an offense committed on the property and documented
by the observations of a police officer, the city prosecutor or city
attorney shall utilize the procedures set forth in Chapter 4
(commencing with Section 1159) of Title 3 of Part 3 of the Code of
Civil Procedure, except that in cases filed under this section, the
following also shall apply:
(1) (A) Prior to filing an action pursuant to this section, the
city prosecutor or city attorney shall give 30 calendar days' written
notice to the owner, requiring the owner to file an action for the
removal of the person who is in violation of the nuisance or illegal
purpose provisions of subdivision 4 of Section 1161 of the Code of
Civil Procedure with respect to a controlled substance purpose.
(B) This notice shall include sufficient documentation
establishing a violation of the nuisance or illegal purpose
provisions of subdivision 4 of Section 1161 of the Code of Civil
Procedure and an advisement to the owner of the assignment provision
contained in subparagraph (D). The notice shall be served upon the
owner and the tenant in accordance with subdivision (e).
(C) The notice to the tenant shall, in at least 14-point bold
type, meet the following requirements:
(i) The notice shall contain the following language:
"(Date)
(Name of tenant)
(Address of tenant)
Re: Civil Code Section 3486
Dear (name of tenant):
This letter is to inform you that an eviction action may soon be
filed in court against you for suspected drug activity. According to
state law, Civil Code Section 3486 provides for eviction of persons
engaging in such conduct, as described below.
(Name of police department) records indicate that you, (name of
arrestee), were arrested on (date) for violations of (list
violations) on (address of property).
A letter has been sent to the property owner(s) advising of your
arrest and the requirements of state law, as well as the landlord's
option to assign the unlawful detainer action to the (name of city
attorney or prosecutor's office).
A list of legal assistance providers is provided below. Please
note, this list is not exclusive and is provided for your information
only; the (name of city attorney or prosecutor's office) does not
endorse or recommend any of the listed agencies.
Sincerely,
(Name of deputy city attorney or city prosecutor)
Deputy City (Attorney or Prosecutor)
Notice to Tenant: This notice is not a notice of eviction. You
should call (name of the city attorney or prosecutor pursuing the
action) at (telephone number) or a legal assistance provider to stop
the eviction action if any of the following is applicable:
(1) You are not the person named in this notice.
(2) The person named in the notice does not live with you.
(3) The person named in the notice has permanently moved.
(4) You do not know the person named in the notice.
(5) You want to request that only the person involved in the
nuisance be evicted, allowing the other residents to stay.
(6) You have any other legal defense or legal reason to stop the
eviction action.
A list of legal assistance providers is attached to this notice.
Some provide free legal assistance if you are eligible."
(ii) The notice shall be provided to the tenant in English and, as
translated, in all of the languages identified in subdivision (a) of
Section 1632 of the Civil Code.
(D) The owner shall, within 30 calendar days of the mailing of the
written notice, either provide the city prosecutor or city attorney
with all relevant information pertaining to the unlawful detainer
case, or provide a written explanation setting forth any
safety-related reasons for noncompliance, and an assignment to the
city prosecutor or city attorney of the right to bring an unlawful
detainer action against the tenant.
(E) The assignment shall be on a form provided by the city
prosecutor or city attorney and may contain a provision for costs of
investigation, discovery, and reasonable attorney's fees, in an
amount not to exceed six hundred dollars ($600).
(F) If the city prosecutor or city attorney accepts the assignment
of the right of the owner to bring the unlawful detainer action, the
owner shall retain all other rights and duties, including the
handling of the tenant's personal property, following issuance of the
writ of possession and its delivery to and execution by the
appropriate agency.
(2) Upon the failure of the owner to file an action pursuant to
this section, or to respond to the city prosecutor or city attorney
as provided in paragraph (1), or having filed an action, if the owner
fails to prosecute it diligently and in good faith, the city
prosecutor or city attorney may file and prosecute the action, and
join the owner as a defendant in the action. This action shall have
precedence over any similar proceeding thereafter brought by the
owner, or to one previously brought by the owner and not prosecuted
diligently and in good faith. Service of the summons and complaint
upon the defendant owner shall be in accordance with Sections 415.10,
415.20, 415.30, 415.40, and 415.50 of the Code of Civil Procedure.
(3) If a jury or court finds the defendant tenant guilty of
unlawful detainer in a case filed pursuant to paragraph (2), the city
prosecutor or city attorney may be awarded costs, including the
costs of investigation and discovery and reasonable attorney's fees.
These costs shall be assessed against the defendant owner, to whom
notice was directed pursuant to paragraph (1), and once an abstract
of judgment is recorded, it shall constitute a lien on the subject
real property.
(4) Nothing in this section shall prevent a local governing body
from adopting and enforcing laws, consistent with this
article section , relating to drug abatement.
Where local laws duplicate or supplement this section, this section
shall be construed as providing alternative remedies and not
preempting the field.
(5) Nothing in this section shall prevent a tenant from receiving
relief against a forfeiture of a lease pursuant to Section 1179 of
the Code of Civil Procedure.
(b) In any proceeding brought under this section, the court may,
upon a showing of good cause, issue a partial eviction ordering the
removal of any person, including, but not limited to, members of the
tenant's household if the court finds that the person has engaged in
the activities described in subdivision (a). Persons removed pursuant
to this section may be permanently barred from returning to or
reentering any portion of the entire premises. The court may further
order as an express condition of the tenancy that the remaining
tenants shall not give permission to or invite any person who has
been removed pursuant to this subdivision to return to or reenter any
portion of the entire premises.
(c) For the purposes of this section, "controlled substance
purpose" means the manufacture, cultivation, importation into the
state, transportation, possession, possession for sale, sale,
furnishing, administering, or giving away, or providing a place to
use or fortification of a place involving, cocaine, phencyclidine,
heroin, methamphetamine, or any other controlled substance, in a
violation of subdivision (a) of Section 11350, Section 11351,
11351.5, 11352, or 11359, subdivision (a) of Section 11360, or
Section 11366, 11366.6, 11377, 11378, 11378.5, 11379, 11379.5,
11379.6, or 11383 of the Health and Safety Code.
(d) Notwithstanding subdivision (b) of Section 68097.2 of the
Government Code, a public entity may waive all or part of the costs
incurred in furnishing the testimony of a peace officer in an
unlawful detainer action brought pursuant to this section.
(e) The notice and documentation described in paragraph (1) of
subdivision (a) shall be given in writing and may be given either by
personal delivery or by deposit in the United States mail in a sealed
envelope, postage prepaid, addressed to the owner at the address
known to the public entity giving the notice, or as shown on the last
equalized assessment roll, if not known. Separate notice of not less
than 30 calendar days and documentation shall be provided to the
tenant in accordance with this subdivision. Service by mail shall be
deemed to be completed at the time of deposit in the United States
mail. Proof of giving the notice may be made by a declaration signed
under penalty of perjury by any employee of the public entity which
shows service in conformity with this section.
(f) This section shall apply only to the following courts:
(1) In the County of Los Angeles, any court having jurisdiction
over unlawful detainer cases involving real property situated in the
City of Los Angeles, the City of Long Beach, or the City of Palmdale.
(2) In the County of San Diego, any court having jurisdiction over
unlawful detainer cases involving real property situated in the City
of San Diego.
(3) In the County of Alameda, any court with jurisdiction over
unlawful detainer cases involving real property situated in the City
of Oakland.
(4) In the County of Sacramento, any court with jurisdiction over
unlawful detainer cases involving real property situated in the City
of Sacramento.
(g) (1) The city attorney and city prosecutor of each
participating jurisdiction shall provide to the California Research
Bureau the following information:
(A) The number of notices provided pursuant to paragraph (1) of
subdivision (a).
(B) For each notice provided pursuant to paragraph (1) of
subdivision (a), the following information:
(i) The name and age, as provided by the landlord, of each person
residing at the noticed address.
(ii) Whether the person has previously received a notice pursuant
to this section from the reporting city attorney or prosecutor, and
if so, whether the tenant vacated or was evicted as a result.
(C) For the tenant receiving the notice, whether the tenant has
previously been arrested (other than an arrest that is the basis of
this notice) for any of the offenses specified in subdivision (c).
(D) The number of cases filed by an owner, upon notice.
(E) The number of assignments executed by owners to the city
attorney or prosecutor.
(F) The number of three-day, 30-day, or 60-day notices issued by
the city attorney or city prosecutor.
(G) The number of cases filed by the city attorney or city
prosecutor.
(H) The number of times that an owner is joined as a defendant
pursuant to this section.
(I) For each case the subtotal of cases
filed by an owner, the city attorney, or the city prosecutor,
the following information:
(i) The number of judgments ordering an eviction or partial
eviction specifying whether each was a default judgment, stipulated
judgment, or judgment following trial.
(ii) The number of cases, listed by separate categories, in which
the case was withdrawn or in which the tenant prevailed.
(iii) The number of other dispositions and specifying the
disposition.
(iv) The number of defendants represented by counsel.
(v) Whether the case was a trial by the court or a trial by jury.
(vi) Whether an appeal was taken, and, if so, the result of the
appeal.
(vii) The number of cases in which partial eviction was requested,
and the number of cases in which the court ordered a partial
eviction.
(J) For each case in which a notice was issued
the subtotal of cases in which a notice was provided pursuant to
subdivision (a) , but no case was filed, the following
information:
(i) The number of instances in which a tenant voluntarily
vacated subsequent to receiving the notice from the owner
.
(ii) The number of instances in which a tenant vacated a unit
prior to the providing of the notice.
(iii) The number of cases in which the notice provided pursuant to
subdivision (a) was erroneously sent to the tenant. This shall
include a list of the reasons, if known, for the erroneously sent
notice, such as reliance on information on the suspected violator's
name or address that was incorrect, a clerical error, or other
reason.
(iv) The number of other resolutions.
(K) For each case in which a notice was issued and the tenants
either vacated the premises before a judgment in the unlawful
detainer action or were evicted, the street address, city, and ZIP
Code of residence where the tenants relocated, to the extent known.
(2) (A) Information compiled pursuant to this section shall be
reported annually to the California Research Bureau on or before
January 20.
(B) The California Research Bureau shall thereafter submit a brief
report to the Senate and Assembly Committees on Judiciary once on or
before March 20, 2011, and once on or before March 20, 2013,
summarizing the information collected pursuant to this section and
evaluating the merits of the pilot programs established by this
section. The report for this section may be combined with the
California Research Bureau report submitted for the pilot program
established by Section 3485 of the Civil Code. The 2013 report
shall indicate whether the City of Los Angeles has regularly reported
to the bureau.
(3) Personally identifiable information submitted to the
California Research Bureau pursuant to this section shall be
confidential and shall not be publicly disclosed.
(h) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 3. Section 3486 is added to the Civil Code, to read:
3486. (a) To abate the nuisance caused by illegal conduct
involving a controlled substance purpose on real property, the city
prosecutor or city attorney may file, in the name of the people, an
action for unlawful detainer against any person who is in violation
of the nuisance or illegal purpose provisions of subdivision 4 of
Section 1161 of the Code of Civil Procedure, with respect to that
controlled substance purpose. In filing this action, which shall be
based upon an arrest report or other report by a law enforcement
agency, reporting an offense committed on the property and documented
by the observations of a police officer, the city prosecutor or city
attorney shall use the procedures set forth in Chapter 4 (commencing
with Section 1159) of Title 3 of Part 3 of the Code of Civil
Procedure, except that in cases filed under this section, the
following also shall apply:
(1) (A) Prior to filing an action pursuant to this section, the
city prosecutor or city attorney shall give 30 calendar days' written
notice to the owner, requiring the owner to file an action for the
removal of the person who is in violation of the nuisance or illegal
purpose provisions of subdivision 4 of Section 1161 of the Code of
Civil Procedure with respect to a controlled substance purpose.
(B) This notice shall include sufficient documentation
establishing a violation of the nuisance or illegal purpose
provisions of subdivision 4 of Section 1161 of the Code of Civil
Procedure and an advisement to the owner of the assignment provision
contained in subparagraph (D). The notice shall be served upon the
owner and the tenant in accordance with subdivision (e).
(C) The notice to the tenant shall, in at least 14-point bold
type, meet the following requirements:
(i) The notice shall contain the following language:
"(Date)
(Name of tenant)
(Address of tenant)
Re: Civil Code Section 3486
Dear (name of tenant):
This letter is to inform you that an eviction action may soon be
filed in court against you for suspected drug activity. According to
state law, Civil Code Section 3486 provides for eviction of persons
engaging in such conduct, as described below.
(Name of police department) records indicate that you, (name of
arrestee), were arrested on (date) for violations of (list
violations) on (address of property).
A letter has been sent to the property owner(s) advising of your
arrest and the requirements of state law, as well as the landlord's
option to assign the unlawful detainer action to the (name of city
attorney or prosecutor's office).
A list of legal assistance providers is provided below. Please
note, this list is not exclusive and is provided for your information
only; the (name of city attorney or prosecutor's office) does not
endorse or recommend any of the listed agencies.
Sincerely,
(Name of deputy city attorney or city prosecutor)
Deputy City (Attorney or Prosecutor)
Notice to Tenant: This notice is not a notice of eviction. You
should call (name of the city attorney or prosecutor pursuing the
action) at (telephone number) or a legal assistance provider to stop
the eviction action if any of the following is applicable:
(1) You are not the person named in this notice.
(2) The person named in the notice does not live with you.
(3) The person named in the notice has permanently moved.
(4) You do not know the person named in the notice.
(5) You want to request that only the person involved in the
nuisance be evicted, allowing the other residents to stay.
(6) You have any other legal defense or legal reason to stop the
eviction action.
A list of legal assistance providers is attached to this notice.
Some provide free legal assistance if you are eligible."
(ii) The notice shall be provided to the tenant in English and, as
translated, in all of the languages identified in subdivision (a) of
Section 1632 of the Civil Code.
(D) The owner shall, within 30 calendar days of the mailing of the
written notice, either provide the city prosecutor or city attorney
with all relevant information pertaining to the unlawful detainer
case, or provide a written explanation setting forth any
safety-related reasons for noncompliance, and an assignment to the
city prosecutor or city attorney of the right to bring an unlawful
detainer action against the tenant.
(E) The assignment shall be on a form provided by the city
prosecutor or city attorney and may contain a provision for costs of
investigation, discovery, and reasonable attorney's fees, in an
amount not to exceed six hundred dollars ($600).
(F) If the city prosecutor or city attorney accepts the assignment
of the right of the owner to bring the unlawful detainer action, the
owner shall retain all other rights and duties, including the
handling of the tenant's personal property, following issuance of the
writ of possession and its delivery to and execution by the
appropriate agency.
(2) Upon the failure of the owner to file an action pursuant to
this section, or to respond to the city prosecutor or city attorney
as provided in paragraph (1), or having filed an action, if the owner
fails to prosecute it diligently and in good faith, the city
prosecutor or city attorney may file and prosecute the action, and
join the owner as a defendant in the action. This action shall have
precedence over any similar proceeding thereafter brought by the
owner, or to one previously brought by the owner and not prosecuted
diligently and in good faith. Service of the summons and complaint
upon the defendant owner shall be in accordance with Sections 415.10,
415.20, 415.30, 415.40, and 415.50 of the Code of Civil Procedure.
(3) If a jury or court finds the defendant tenant guilty of
unlawful detainer in a case filed pursuant to paragraph (2), the city
prosecutor or city attorney may be awarded costs, including the
costs of investigation and discovery and reasonable attorney's fees.
These costs shall be assessed against the defendant owner, to whom
notice was directed pursuant to paragraph (1), and once an abstract
of judgment is recorded, it shall constitute a lien on the subject
real property.
(4) Nothing in this section shall prevent a local governing body
from adopting and enforcing laws, consistent with this article,
relating to drug abatement. Where local laws duplicate or supplement
this section, this section shall be construed as providing
alternative remedies and not preempting the field.
(5) Nothing in this section shall prevent a tenant from receiving
relief against a forfeiture of a lease pursuant to Section 1179 of
the Code of Civil Procedure.
(b) In any proceeding brought under this section, the court may,
upon a showing of good cause, issue a partial eviction ordering the
removal of any person, including, but not limited to, members of the
tenant's household if the court finds that the person has engaged in
the activities described in subdivision (a). Persons removed pursuant
to this section may be permanently barred from returning to or
reentering any portion of the entire premises. The court may further
order as an express condition of the tenancy that the remaining
tenants shall not give permission to or invite any person who has
been removed pursuant to this subdivision to return to or reenter any
portion of the entire premises.
(c) For the purposes of this section, "controlled substance
purpose" means the manufacture, cultivation, importation into the
state, transportation, possession, possession for sale, sale,
furnishing, administering, or giving away, or providing a place to
use or fortification of a place involving, cocaine, phencyclidine,
heroin, methamphetamine, or any other controlled substance, in a
violation of subdivision (a) of Section 11350, Section 11351,
11351.5, 11352, or 11359, subdivision (a) of Section 11360, or
Section 11366, 11366.6, 11377, 11378, 11378.5, 11379, 11379.5,
11379.6, or 11383 of the Health and Safety Code.
(d) Notwithstanding subdivision (b) of Section 68097.2 of the
Government Code, a public entity may waive all or part of the costs
incurred in furnishing the testimony of a peace officer in an
unlawful detainer action brought pursuant to this section.
(e) The notice and documentation described in paragraph (1) of
subdivision (a) shall be given in writing and may be given either by
personal delivery or by deposit in the United States mail in a sealed
envelope, postage prepaid, addressed to the owner at the address
known to the public entity giving the notice, or as shown on the last
equalized assessment roll, if not known. Separate notice of not less
than 30 calendar days and documentation shall be provided to the
tenant in accordance with this subdivision. Service by mail shall be
deemed to be completed at the time of deposit in the United States
mail. Proof of giving the notice may be made by a declaration signed
under penalty of perjury by any employee of the public entity which
shows service in conformity with this section.
(f) This section shall apply only in the County of Los Angeles to
any court having jurisdiction over unlawful detainer cases involving
real property situated in the City of Los Angeles.
(g) This section shall become operative on January 1, 2014, only
if the City of Los Angeles has regularly reported to the California
Research Bureau as required by this section, as it read during the
period from January 1, 2010, to January 1, 2014, inclusive. For
purposes of this section, the City of Los Angeles shall be deemed to
have complied with this reporting requirement if the 2013 report to
the Legislature by the California Research Bureau indicates that the
City of Los Angeles has regularly reported to the bureau.
SEC. 4. Section 1161 of the Code of Civil Procedure, as amended by
Section 2 of Chapter 440 of the Statutes of 2008, 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.
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 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. For purposes of this subdivision, if a person commits an
act of domestic violence as defined in Section 6211 of the Family
Code, sexual assault as defined in Section 261, 261.5, 262, 286,
288a, or 289 of the Penal Code, or stalking as defined in Section
1708.7 of the Civil Code, against another tenant or subtenant on the
premises there is a rebuttable presumption affecting the burden of
proof that the person has committed a nuisance upon the premises,
provided, however, that this shall not apply if the victim of the act
of domestic violence, sexual assault, or stalking, or a household
member of the victim, other than the perpetrator, has not vacated the
premises. This subdivision shall not be construed to supersede the
provisions of the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162) that permit the
removal from a lease of a tenant who engages in criminal acts of
physical violence against cotenants.
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 remain in effect only until January 1, 2012,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2012, deletes or extends that date.
SEC. 5. Section 1161 of the Code of Civil Procedure, as added by
Section 3 of Chapter 440 of the Statutes of 2008, 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.
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 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. 6. Section 11571.1 of the Health and Safety Code is repealed.
SEC. 7. Section 11571.1 is added to the Health and Safety Code, to
read:
11571.1. (a) Nothing in this article shall prevent a local
governing body from adopting and enforcing laws, consistent with this
article, relating to drug abatement. Where local laws duplicate or
supplement this article, this article shall be construed as
providing alternative remedies
and not preempting the field.
(b) Nothing in this article shall prevent a tenant from receiving
relief against a forfeiture of a lease pursuant to Section 1179 of
the Code of Civil Procedure.
SEC. 8. Due to the unique circumstances and experience of the
courts in the County of Los Angeles having jurisdiction over unlawful
detainer cases involving real property situated in the City of Los
Angeles, with respect to the exercise of authority under the
controlled substances pilot program, the Legislature finds and
declares that a general statute cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution.
Therefore, the special legislation contained in Section 3 of this
bill is necessarily applicable only to Los Angeles County courts as
that legislation relates to those cases involving real property
situated in the City of Los Angeles.