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

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-Amended.html

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BILL NUMBER: SB 1439	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 13, 2014
	AMENDED IN SENATE  APRIL 1, 2014

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 amended, 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 City and County of San Francisco to
prohibit an owner of accommodations from filing a notice with a
public entity of an intent to withdraw 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   within 10 years
after  providing notice of an intent to withdraw accommodations
at a different property. Among other things, the bill would also
permit the city and county to require an owner of accommodations
notifying the city and 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 city and 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 City and 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 city that is also
a county.
   (b) Notwithstanding any other provision of this chapter, the city
and county by statute, ordinance, ballot measure, executive
directive, resolution, or regulation may provide that:
   (1) An owner of accommodations shall not file a notice with a
public entity of an intent to 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) If an owner of accommodations files a notice of intent with
the public entity to withdraw accommodations under this chapter, and
the owner subsequently acquires a new property containing
accommodations  within 10 years of that filing  , the owner
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
the later acquired 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 accommodations, or any person or entity with an
ownership interest in an entity that owns the accommodations, shall
not act in concert with a coowner, successor owner, prospective
owner, agent, employee, or assignee, to circumvent the limitations of
paragraph (1) or (2).
   (4) An owner of accommodations notifying the city and 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 city and 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.