Bill Text: CA SB781 | 2009-2010 | Regular Session | Introduced

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

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Bill Title: Eviction procedure.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2009-10-11 - Chaptered by Secretary of State. Chapter 617, Statutes of 2009. [SB781 Detail]

Download: California-2009-SB781-Introduced.html

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BILL NUMBER: SB 781	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Leno

                        FEBRUARY 27, 2009

   An act to add Section 1569.683 to the Health and Safety Code,
relating to residential care facilities for the elderly.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 781, as introduced, Leno. Eviction procedure.
   Existing law, the California Residential Care Facilities for the
Elderly Act, provides for the licensure and regulation of residential
care facilities for the elderly by the State Department of Social
Services. Under existing law, a violation of these provisions is a
crime.
   Existing law sets forth notice and other requirements for a
residential care facility for the elderly to evict a resident.
   This bill would, in addition, require that a licensee who sends an
eviction notice to include specified information, including, but not
limited to, information regarding the resident's right to file a
complaint. By expanding the definition of an existing 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  (a) The Legislature finds and declares that it is in
the best interests of the residents of residential care facilities
for the elderly to ensure that eviction and transfer notices used by
these facilities do not violate residents' rights.
   (b) Therefore, it is the intent of the Legislature in enacting
this act to establish procedures to protect the rights of the
residents in residential care facilities for the elderly and to
provide the residents with the information necessary to defend those
rights.
  SEC. 2.  Section 1569.683 is added to the Health and Safety Code,
to read:
   1569.683.  (a) A licensee of a residential care facility for the
elderly who sends a notice of eviction to a resident shall comply
with Section 87224 of Title 22 of the California Code of Regulations
and shall set forth in the notice to quit the reasons relied upon for
the eviction, with specific facts to permit determination of the
date, place, witnesses, and circumstances concerning those reasons.
In addition, the notice to quit shall include all of the following:
   (1) The effective date of the eviction.
   (2) The location to which the resident will be discharged.
   (3) Information about the resident's right to file a complaint
with the department regarding the eviction, with the name, address,
and telephone number of the nearest office of community care
licensing and the State Ombudsman. When the eviction is pursuant to a
Division of Community Care Licensing Health Relocation Order, the
notice shall additionally include a statement about the resident's
right to appeal that order within three days.
   (4) An explanation that in order to evict a resident, the facility
is required to first file an unlawful detainer action in superior
court and to receive a written judgment signed by a judge. If the
facility pursues an unlawful detainer, the resident shall be served
with a summons and complaint, and the resident has the right to
contest the eviction in writing and through a hearing.
   (b) The licensee, in addition to either serving a 30-days notice,
or seeking approval from the department and serving three-days
notice, on the resident, shall notify, or mail a copy of the notice
to quit to, the resident's responsible person.
  SEC. 3.  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.