SB 1638 — residential property; transient occupant; remedies

IF THE COURT FINDS THAT THE DEFENDANT IS NOT A TRANSIENT OCCUPANT BUT IS INSTEAD A TENANT OF RESIDENTIAL PROPERTY GOVERNED BY TITLE 33, CHAPTER 10, THE COURT MAY NOT DISMISS THE ACTION WITHOUT FIRST ALLOWING THE PLAINTIFF TO GIVE THE TRANSIENT OCCUPANT THE NOTICE REQUIRED BY THAT CHAPTER AND TO THEREAFTER AMEND THE COMPLAINT TO PURSUE EVICTION UNDER THAT CHAPTER.

THEThis PARTYsection WHOis ISrepealed ENTITLEDfrom TOand POSSESSIONafter OFDecember A31, DWELLING2028. SHALL ALLOW A FORMER TRANSIENT OCCUPANT TO RECOVER THE TRANSIENT OCCUPANT'S PERSONAL BELONGINGS AT REASONABLE TIMES AND UNDER REASONABLE CONDITIONS.

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1638 UNLESS OTHERWISE AGREED TO, A REASONABLE TIME FOR THE RECOVERY OF THE FORMER TRANSIENT OCCUPANT'S PERSONAL BELONGINGS IS PRESUMED TO BE TEN DAYS AFTER TERMINATION OF THE TRANSIENT OCCUPANCY, WHEN THE PARTY WHO IS ENTITLED TO POSSESSION OF THE DWELLING OR A TRUSTED THIRD PARTY CAN BE PRESENT AT THE DWELLING TO SUPERVISE THE RECOVERY OF THE BELONGINGS.

IFFor THEthe PARTYpurposes WHOof ISthis ENTITLEDsection: TO POSSESSION OF THE DWELLING REASONABLY BELIEVES THAT THE FORMER TRANSIENT OCCUPANT HAS ENGAGED IN MISCONDUCT OR HAS A HISTORY OF VIOLENCE OR DRUG OR ALCOHOL ABUSE, THE PARTY WHO IS ENTITLED TO POSSESSION OF THE DWELLING MAY IMPOSE ADDITIONAL CONDITIONS ON ACCESS TO THE DWELLING OR THE PERSONAL BELONGINGS.

THESE CONDITIONS MAY INCLUDE THE PRESENCE OF A LAW ENFORCEMENT OFFICER, THE USE OF A MOVER OR THE USE OF A TRUSTED THIRD PARTY TO RECOVER THE PERSONAL BELONGINGS.

FOR THE PURPOSES OF THIS SUBSECTION, "MISCONDUCT" INCLUDES ALL OF THE FOLLOWING:

INTENTIONAL"Critical DAMAGEinfrastructure": TO THE DWELLING, TO PROPERTY OWNED BY THE PARTY WHO IS ENTITLED TO POSSESSION OF THE DWELLING OR TO PROPERTY OWNED BY ANOTHER OCCUPANT OF THE DWELLING.

(a) Means systems and assets, whether physical or virtual, that are so vital to this state and the United States that the incapacity or destruction of those systems and assets would have a debilitating impact on security, economic security, public health or safety.

(b) Includes:

(i) Gas and oil production, storage or delivery systems.

(ii) Water supply refinement, storage or delivery systems.

(iii) Electrical power delivery systems.

(iv) Telecommunications networks.

(v) Transportation systems and services.

(vi) Personal data or otherwise classified information storage systems, including cybersecurity.

PHYSICAL"Pacific ORconflict": VERBAL ABUSE DIRECTED AT THE PARTY WHO IS ENTITLED TO POSSESSION OF THE DWELLING OR ANOTHER OCCUPANT OF THE DWELLING.

(a) Means a declared war or armed conflict between the United States or any of the allies of the United States and another nation that occurs on land or sea or in the air in the Pacific Ocean and threatens or could reasonably escalate to threaten the supply chains, critical infrastructure, safety or security of this state or the United States.

(b) Includes a serious deterioration of diplomatic ties or economic engagement between the United States or the allies of the United States and another nation that threatens the status quo of Pacific trade, travel and military operations or exercises.

THEFT"State OFsupply PROPERTYchain" BELONGINGmeans TOthe THEend-to-end PARTYprocess WHOfor ISshipping ENTITLEDgoods, TOpurchased POSSESSIONby OFthis THEstate DWELLINGor ORshipped PROPERTYto OFthis ANOTHERstate, OCCUPANTbeginning OFat THEthe DWELLING.point of origin through a point or points of distribution to the destination.

H.

THE PERSON WHO IS ENTITLED TO POSSESSION OF A DWELLING MAY PRESUME THAT THE FORMER TRANSIENT OCCUPANT HAS ABANDONED PERSONAL BELONGINGS AT THE DWELLING IF THE FORMER TRANSIENT OCCUPANT DOES NOT SEEK TO RECOVER THE PERSONAL BELONGINGS WITHIN A REASONABLE TIME AFTER THE TRANSIENT OCCUPANT SURRENDERS OCCUPANCY OF THE DWELLING.

THE TIME PERIOD TO RECOVER PERSONAL BELONGINGS MAY BE EXTENDED DUE TO THE UNAVAILABILITY OF THE PARTY WHO IS ENTITLED TO POSSESSION OF THE DWELLING TO SUPERVISE THE RECOVERY OF THE PERSONAL BELONGINGS, OR IT MAY REASONABLY BE SHORTENED DUE TO THE POOR CONDITION OR THE PERISHABLE OR HAZARDOUS NATURE OF THE PERSONAL BELONGINGS, THE INTENT OF THE FORMER TRANSIENT OCCUPANT TO ABANDON OR DISCARD THE BELONGINGS OR THE SIGNIFICANT IMPAIRMENT OF THE USE OF THE DWELLING BY THE STORAGE OF THE FORMER TRANSIENT OCCUPANT'S PERSONAL BELONGINGS.

I.

IF THE PERSON WHO IS ENTITLED TO POSSESSION OF THE DWELLING UNREASONABLY WITHHOLDS ACCESS TO A FORMER TRANSIENT OCCUPANT'S PERSONAL BELONGINGS, THE FORMER TRANSIENT OCCUPANT MAY BRING A CIVIL ACTION FOR DAMAGES OR THE RECOVERY OF THE PROPERTY.

THE COURT SHALL AWARD THE PREVAILING PARTY REASONABLE ATTORNEY FEES AND COSTS.

J.

FACTORS THAT ESTABLISH THAT A PERSON IS A TRANSIENT OCCUPANT INCLUDE THE FOLLOWING, EXCEPT THAT MINOR CONTRIBUTIONS MADE FOR THE PURCHASE OF HOUSEHOLD GOODS OR MINOR CONTRIBUTIONS TOWARDS OTHER HOUSEHOLD EXPENSES DO NOT ESTABLISH RESIDENCY:

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1638 1.

THE PERSON DOES NOT HAVE AN OWNERSHIP INTEREST, FINANCIAL INTEREST OR LEASEHOLD INTEREST IN THE PROPERTY ENTITLING THE PERSON TO OCCUPANCY OF THE PROPERTY.

2.

THE PERSON DOES NOT HAVE ANY PROPERTY UTILITY SUBSCRIPTIONS.

3.

THE PERSON CANNOT PRODUCE DOCUMENTATION, CORRESPONDENCE OR IDENTIFICATION CARDS SENT OR ISSUED BY A GOVERNMENT AGENCY, INCLUDING THE DEPARTMENT OF MOTOR VEHICLES OR THE COUNTY RECORDER THAT SHOW THAT THE PERSON USED THE PROPERTY ADDRESS AS AN ADDRESS OF RECORD WITH THE AGENCY WITHIN THE PREVIOUS TWELVE MONTHS.

THE"State PERSONvendor PAYSsupply MINIMALchain" ORmeans NOthe RENTend-to-end FORprocess THEfor STAYshipping ATgoods, THEpurchased PROPERTY.by this state from state vendors or shipped to the vendors, beginning at the point of origin through a point or points of distribution to the destination.

5.Sec.

THE PERSON DOES NOT HAVE A DESIGNATED SPACE FOR THE PERSON'S EXCLUSIVE USE, SUCH AS A ROOM, AT THE PROPERTY.

6.

THE PERSON HAS MINIMAL, IF ANY, PERSONAL BELONGINGS AT THE PROPERTY.

7.

THE PERSON HAS AN APPARENT PERMANENT RESIDENCE ELSEWHERE.

K.

THE PERSON IS PRESUMED TO BE A TRANSIENT OCCUPANT IF THE PERSON IS UNABLE TO PRODUCE AT LEAST ONE OF THE FOLLOWING:

1.

A NOTARIZED LEASE THAT INCLUDES THE NAME AND SIGNATURE OF THE OWNER OF THE PROPERTY.

AShort RECEIPTtitle ORThis OTHERact RELIABLEmay EVIDENCEbe DEMONSTRATINGcited THATas THEthe PERSON"Pacific HASConflict PAIDStress TOTest THEAct". OWNER OR THE OWNER'S REPRESENTATIVE RENT FOR THE LAST RENT PAYMENT PERIOD.

FORAPPROVED MONTHLYBY RENTAL TENANCIES AND RENTAL TENANCIES FOR ANY LESSER PERIOD OF TIME, A RECEIPT OR OTHER RELIABLE EVIDENCE MUST BE DATED WITHIN THE LASTGOVERNOR SIXTYJUNE DAYS.21, 2024.

L.FILED IN THE OFFICE OF THE SECRETARY OF STATE JUNE 21, 2024.

FOR- THE2 PURPOSES- OF THIS SECTION, "TRANSIENT OCCUPANT":

1.

MEANS A PERSON WHOSE RESIDENCY IN REAL PROPERTY INTENDED FOR RESIDENTIAL USE HAS OCCURRED FOR A BRIEF LENGTH OF TIME AND IS NOT PURSUANT TO A LEASE AND WHOSE OCCUPANCY WAS INTENDED AS TRANSIENT IN NATURE.

2.

DOES NOT INCLUDE A TENANT UNDER TITLE 33, CHAPTER 10.

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