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AB-1697 Housing: tenancy termination: just cause.(2019-2020)

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Date Published: 03/25/2019 09:00 PM
AB1697:v98#DOCUMENT

Amended  IN  Assembly  March 25, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 1697


Introduced by Assembly Member Grayson

February 22, 2019


An act to add Section 1946.2 to the Civil Code, relating to housing.


LEGISLATIVE COUNSEL'S DIGEST


AB 1697, as amended, Grayson. Housing: Department of Housing and Community Development: data. tenancy termination: just cause.
Existing law specifies that a hiring of residential real property, for a term not specified by the parties, is deemed to be renewed at the end of the term implied by law unless one of the parties gives written notice to the other, of that party’s intention to terminate. Existing law requires an owner of a residential dwelling to give notice at leaation, unless the notice to terminate states just cause that is related to specific illegal conduct that creates the potential for harm to other tenants.
This bill would require, unless the owner intends to occupy the residential property, that the lessor assist the lessee, regardless of income, to relocate by providing a direct payment to the lessee.
This bill would require a lessor of residential property to provide notice to a lessee of the lessee’s rights under these provisions at the beginning of the tenancy by providing an addendum to the lease to be signed by the lessee when the lease agreement is signed.

Existing law establishes the Department of Housing and Community Development in the Business, Consumer Services, and Housing Agency. The department is administered by the Director of Housing and Community Development and is responsible for administering various housing and home loan programs throughout the state.

This bill would state the Legislature’s intent to enact legislation that would, among other things, establish an efficient process for the department to identify housing-related goals, identify associated data needs, and provide funding and technical support to help local jurisdictions meet the supply of needed data.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1946.2 is added to the Civil Code, to read:

1946.2.
 (a) Notwithstanding any other law, no lessor of residential property for a term not specified by the parties, in which the tenant has occupied the property, with or without a written lease agreement, for 12 months or more, shall terminate the hiring without just cause which shall be stated in the written notice to terminate tenancy set forth in Section 1946.1.
(b) For purposes of this section, “just cause” includes either of the following:
(1) At-fault just cause, which includes, but is not limited to, any of the following:
(A) Failure to pay rent.
(B) Substantial breach of a material term of the rental agreement.
(C) Nuisance.
(D) Waste.
(E) Illegal conduct.
(2) No-fault just cause, which includes, but is not limited to, any of the following:
(A) Owner intent to occupy the residential property.
(B) Withdrawal of the residential property from the rental market.
(C) Unsafe habitation.
(D) Intent to demolish or to substantially remodel.
(c) A lessor of residential property shall provide notice to lessees of their rights under this section at the beginning of the tenancy by providing them with an addendum to the lease which shall be signed by the lessee when the lease agreement is signed.
(d) Before a lessor of residential property issues a lessee a notice to terminate tenancy for just cause that is a curable lease violation, they shall first give notice of the violation to the lessee with an opportunity to cure the violation. If the notice to terminate tenancy states just cause related to specific illegal conduct that creates the potential for harm to occur to other tenants, no notice of the violation or opportunity to cure the violation is required before the notice to terminate tenancy is issued.
(e) Except as provided in subparagraph (A) of paragraph (2) of subdivision (b), if a lessor of residential property issues a notice to terminate tenancy for no-fault just cause, they shall assist the lessee, regardless of income, to relocate by providing a direct payment to the lessee. If a lessor of residential property issues a notice to terminate tenancy for no-fault just cause they shall notify the lessee of their right to relocation assistance pursuant to this section. The amount of this payment shall be determined based upon the number of bedrooms contained on the residential property.
(f) This section shall not apply to the following types of residential properties or residential circumstances:
(1) Government-owned and government-subsidized housing units or housing with existing government regulatory assessments that govern rent increases in subsidized rental units.
(2) Transient and tourist hotel occupancy as defined in subdivision (b) of Section 1940.
(3) Housing accommodations in a nonprofit hospital, religious facility, or extended care facility.
(4) Dormitories owned and operated by an institution of higher education or a kindergarten through grade 12 school.
(5) Housing accommodations in which the tenant shares bathroom or kitchen facilities with the owner who maintains their principal residence at the residential property.
(6) Single owner-occupied residences, including a residence in which the owner-occupant rents or leases two units or bedrooms, such as an accessory dwelling unit or a junior accessory dwelling unit.
(g) This section does not prevent the adoption or enforcement of a more restrictive local rule or ordinance.

SECTION 1.

It is the intent of the Legislature to enact legislation that would accomplish all of the following:

(a)Establish an efficient process for the Department of Housing and Community Development to identify housing-related goals, identify associated data needs, use existing systems, primarily annual progress reports, to establish more comprehensive data, and provide funding and technical support to help local jurisdictions meet the supply of needed data.

(b)Empower regions to identify their own housing data needs related to local solutions and establish an efficient process to ensure that local jurisdictions can and will report that data.

(c)Require the department to develop a 10-year data strategy to ensure that future data collection moves quickly and deliberately toward a strategic data set that informs smart future housing investments and incentives. The strategy will include an approach to leveraging nontraditional and nongovernmental data sources.

(d)Establish open data standards for housing by requiring the department to create, operate, and maintain a statewide integrated housing data platform that, among other things, would integrate existing housing, land use, and other housing data from multiple state and local databases.