Today's Law As Amended


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AB-854 Residential real property: withdrawal of accommodations.(2021-2022)



As Amends the Law Today


SECTION 1.

 Section 7060.8 is added to the Government Code, to read:

7060.8.
 (a) An owner of accommodations shall not file a notice with a public entity 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 at least five continuous years. 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 at least five continuous years.
(b) 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, nor threaten to do either of these things, with respect to the later acquired property.
(c) 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 subdivision (a) or (b).
(d) An owner of accommodations notifying the public entity 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.
(e) A person or entity that violates the provisions described in subdivision (a) or (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’s 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 housing, including maintenance of accommodations is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act adding 7060.8 of the Government Code applies to all cities, including charter cities.