California 2011-2012 Regular Session Status: Enacted

AB 2610 — Tenants: foreclosure and unlawful detainer.

Last action — Chaptered by Secretary of State - Chapter 562, Statutes of 2012.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 24, 2012. Enacted.

Prognosis

Likely to advance 80% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 7 sponsors

    1 primary, 6 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 7 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) Existing law requires a notice of sale to be posted before any power of sale can be exercised under the power of sale contained in any deed of trust or mortgage. Existing law, until January 1, 2013, requires a resident of property upon which a notice of sale has been posted to be provided a specified notice advising the resident that, among other things, if the person is renting the property, the new property owner may either give the tenant a new lease or rental agreement, or provide the tenant with a 60-day eviction notice, and that other laws may prohibit the eviction or provide the tenant with a longer notice before eviction. Existing law makes it an infraction to tear down the notice within 72 hours of posting. Existing law requires a state government entity to make translations of the notice available in 5 specified languages, for use by a mortgagee, trustee, beneficiary, or authorized agent, in order to satisfy the notice requirements. This bill would revise certain portions of the notice to instead require a resident of property upon which a notice of sale has been posted to be advised that if the person is renting the property, the new property owner may either give the tenant a new lease or rental agreement, or provide the tenant with a 90-day eviction notice. The bill would require the notice to advise a tenant who has a lease that the new property owner is required to honor the lease unless the new owner will occupy the property as a primary residence or under other limited circumstances. The bill would require the Department of Consumer Affairs to make translations of the notice available, as described above. The bill would provide that these changes to the notice would become operative on March 1, 2013, or 60 days following posting of a dated notice incorporating those amendments on the Department of Consumer Affairs Internet Web site, whichever date is later. The bill would extend the operation of these provisions until December 31, 2019. By extending the operation of provisions establishing a crime, this bill would impose a state-mandated local program. (2) Existing law provides, that in an unlawful detainer action, if an owner or owner's agent has obtained service of a prejudgment claim of right to possession, as specified, no occupant of the premises, whether or not that occupant is named in the judgment for possession, may object to the enforcement of the judgment, as specified. This bill would provide that in any action for unlawful detainer resulting from a foreclosure sale of a rental housing unit pursuant to specified provisions, the above provisions regarding objection to the enforcement of a judgment do not limit the right of a tenant or subtenant to file a prejudgment claim of right of possession or to object to enforcement of a judgment for possession, regardless of whether the tenant or subtenant was served with a prejudgment claim of right to possession, as specified. (3) Existing law, until January 1, 2013, requires a tenant or subtenant in possession of a rental housing unit at the time that property is sold in foreclosure to be provided 60 days' written notice to quit before the tenant or subtenant may be removed from the property, as specified. This bill would instead require a tenant or subtenant in possession of a rental housing unit under a month-to-month lease at the time that property is sold in foreclosure to be provided 90 days' written notice to quit before the tenant or subtenant may be removed from the property. The bill would provide tenants or subtenants holding possession of a rental housing unit under a fixed-term residential lease entered into before transfer of title at the foreclosure sale the right to possession until the end of the lease term, except in specified circumstances. The bill would also extend the operation of these provisions until December 31, 2019. (4) 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.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 562, Statutes of 2012.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 11:25 a.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 69. Noes 9. Page 6386.).

  5. Assembly Rule 77 suspended. (Page 6357.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 28 pursuant to Assembly Rule 77.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 36. Noes 0. Page 4750.).

  8. Read second time. Ordered to third reading.

  9. Read third time and amended. Ordered to second reading.

  10. Read second time. Ordered to third reading.

  11. Read third time and amended. Ordered to second reading.

  12. Read second time. Ordered to third reading.

  13. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  14. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (July 3). Re-referred to Com. on APPR.

  15. Referred to Com. on JUD.

  16. In Senate. Read first time. To Com. on RLS. for assignment.

  17. Read third time. Passed. Ordered to the Senate. (Ayes 56. Noes 14. Page 5203.)

  18. Assembly Rule 69(d) suspended. (Page 5176.)

  19. Read third time and amended. Ordered to third reading. (Page 5139.)

  20. Read second time. Ordered to third reading.

  21. From committee: Do pass. (Ayes 11. Noes 5.) (May 16).

  22. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 25). Re-referred to Com. on APPR.

  23. Re-referred to Com. on H. & C.D.

  24. Read second time and amended.

  25. From committee: Do pass as amended and re-refer to Com. on H. & C.D. (Ayes 7. Noes 3.) (April 17).

  26. Re-referred to Coms. on JUD. and H. & C.D. pursuant to Assembly Rule 96.

  27. Re-referred to Com. on H. & C.D.

  28. From committee chair, with author's amendments: Amend, and re-refer to Com. on H. & C.D. Read second time and amended.

  29. Referred to Coms. on H. & C.D. and JUD.

  30. Read first time.

  31. From printer. May be heard in committee March 27.

  32. Introduced. To print.

Sponsors

  • Carter · Cosponsor
  • Corbett · Cosponsor
  • DeSaulnier · Cosponsor
  • Hancock · Cosponsor
  • Leno · Cosponsor
  • Pavley · Cosponsor
  • Skinner · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 6 co-sponsors · 115 not signed on · 4 voted No

Sponsors (1)

  • Skinner

Co-sponsors (6)

  • Carter
  • Corbett
  • DeSaulnier
  • Hancock
  • Leno
  • Pavley

Not signed on (115)

115 members have not signed on to this bill.

Show all 115 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 2610 SKINNER Concurrence in Senate Amendments

Passed 69 Yea · 9 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 69701
Republican 0200
Democratic 0001
Total 69902
% of votes cast 86%11%0%3%
How each member voted (80)
Member Party Vote
Gordon — Yea
Hagman — Yea
Butler — Yea
Fuentes — Yea
Furutani — Yea
Fong — Yea
Campos — Yea
Garrick — Yea
Allen — Yea
Gatto — Yea
Gorell — Yea
Halderman — Yea
Carter — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Hall — Yea
Fletcher — Yea
Hayashi — Yea
Huber — Yea
Cedillo — Yea
Hueso — Yea
Bonilla — Yea
Atkins — Yea
Jeffries — Yea
Ammiano — Yea
Beall — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Davis — Yea
Lara — Yea
Mendoza — Yea
Miller — Yea
Nestande — Yea
Nielsen — Yea
Olsen — Yea
Pan — Yea
Silva — Yea
Smyth — Yea
Swanson — Yea
Valadao — Yea
Williams — Yea
Yamada — Yea
Harkey — Not Voting
Donnelly — Nay
Knight — Nay
Morrell — Nay
Wagner — Nay
Achadjian — Yea
Alejo — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hill — Yea
Huffman — Yea
Logue — Nay
Ma — Yea
Mansoor — Nay
Monning — Yea
Norby — Yea
Perea — Yea
Skinner — Yea
Solorio — Yea
Torres — Yea
Wieckowski — Yea
Eng — Yea
Feuer — Yea
Dickinson — Yea
Galgiani — Yea
Beth Gaines — Nay
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Not Voting
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

3rd Reading AB2610 Skinner By Hancock

Passed 36 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 33004
Republican 1000
Democratic 2000
Total 36004
% of votes cast 90%0%0%10%
How each member voted (40)
Member Party Vote
Wyland — Yea
Hancock — Yea
Runner — Yea
Lowenthal — Yea
Hernandez — Yea
Anderson — Yea
Huff — Yea
Kehoe — Yea
Liu — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Walters — Yea
Wright — Yea
Yee — Yea
Negrete McLeod — Yea
De León — Not Voting
Rubio — Not Voting
Cannella — Yea
Leno — Yea
Pavley — Not Voting
Blakeslee — Not Voting
Corbett — Yea
Dutton — Yea
Vargas — Yea
Alquist — Yea
Harman — Yea
Lieu — Yea
Wolk — Yea
Emmerson — Yea
Correa — Yea
Evans — Yea
DeSaulnier — Yea
Fuller — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

AB 2610 SKINNER Assembly Third Reading

Passed 56 Yea · 14 Nay · 10 Other
Party YeaNayPresentNot Voting
Unaffiliated 5512010
Republican 0200
Democratic 1000
Total 5614010
% of votes cast 70%18%0%13%
How each member voted (80)
Member Party Vote
Gorell — Yea
Halderman — Yea
Feuer — Yea
Butler — Yea
Furutani — Yea
Galgiani — Yea
Gatto — Yea
Fong — Yea
Campos — Yea
Gordon — Yea
Allen — Yea
Hagman — Nay
Hall — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Hayashi — Yea
Hill — Yea
Huber — Yea
Carter — Yea
Huffman — Yea
Bonilla — Yea
Atkins — Yea
Jeffries — Nay
Lara — Yea
Alejo — Yea
Beall — Yea
Block — Yea
Cedillo — Yea
Chesbro — Yea
Davis — Yea
Donnelly — Nay
Logue — Nay
Monning — Yea
Nestande — Yea
Olsen — Nay
Pan — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Torres — Yea
Wieckowski — Yea
Williams — Yea
Fletcher — Not Voting
Harkey — Not Voting
Conway — Nay
Cook — Not Voting
Mansoor — Not Voting
Mendoza — Not Voting
Miller — Not Voting
Silva — Not Voting
Valadao — Not Voting
Wagner — Nay
Achadjian — Yea
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hueso — Yea
Knight — Nay
Ma — Yea
Morrell — Not Voting
Nielsen — Nay
Norby — Not Voting
Perea — Yea
Solorio — Yea
Eng — Yea
Dickinson — Yea
Fuentes — Yea
Garrick — Nay
Yamada — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass.

Passed 11 Yea · 5 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 10501
Democratic 1000
Total 11501
% of votes cast 65%29%0%6%
How each member voted (17)
Member Party Vote
Fuentes — Yea
Mitchell — Yea
Gatto — Yea
Hall — Yea
Harkey — Nay
Campos — Yea
Donnelly — Nay
Lara — Yea
Nielsen — Nay
Norby — Not Voting
Solorio — Nay
Wagner — Nay
Blumenfield — Yea
Bradford — Yea
Hill — Yea
Davis — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

housing civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 2610 do?
(1) Existing law requires a notice of sale to be posted before any power of sale can be exercised under the power of sale contained in any deed of trust or mortgage. Existing law, until January 1, 2013, requires a resident of property upon which a notice of sale has been posted to be provided a specified notice advising the resident that, among other things, if the person is renting the property, the new property owner may either give the tenant a new lease or rental agreement, or provide the tenant with a 60-day eviction notice, and that other laws may prohibit the eviction or provide the tenant with a longer notice before eviction. Existing law makes it an infraction to tear down the notice within 72 hours of posting. Existing law requires a state government entity to make translations of the notice available in 5 specified languages, for use by a mortgagee, trustee, beneficiary, or authorized agent, in order to satisfy the notice requirements. This bill would revise certain portions of the notice to instead require a resident of property upon which a notice of sale has been posted to be advised that if the person is renting the property, the new property owner may either give the tenant a new lease or rental agreement, or provide the tenant with a 90-day eviction notice. The bill would require the notice to advise a tenant who has a lease that the new property owner is required to honor the lease unless the new owner will occupy the property as a primary residence or under other limited circumstances. The bill would require the Department of Consumer Affairs to make translations of the notice available, as described above. The bill would provide that these changes to the notice would become operative on March 1, 2013, or 60 days following posting of a dated notice incorporating those amendments on the Department of Consumer Affairs Internet Web site, whichever date is later. The bill would extend the operation of these provisions until December 31, 2019. By extending the operation of provisions establishing a crime, this bill would impose a state-mandated local program. (2) Existing law provides, that in an unlawful detainer action, if an owner or owner's agent has obtained service of a prejudgment claim of right to possession, as specified, no occupant of the premises, whether or not that occupant is named in the judgment for possession, may object to the enforcement of the judgment, as specified. This bill would provide that in any action for unlawful detainer resulting from a foreclosure sale of a rental housing unit pursuant to specified provisions, the above provisions regarding objection to the enforcement of a judgment do not limit the right of a tenant or subtenant to file a prejudgment claim of right of possession or to object to enforcement of a judgment for possession, regardless of whether the tenant or subtenant was served with a prejudgment claim of right to possession, as specified. (3) Existing law, until January 1, 2013, requires a tenant or subtenant in possession of a rental housing unit at the time that property is sold in foreclosure to be provided 60 days' written notice to quit before the tenant or subtenant may be removed from the property, as specified. This bill would instead require a tenant or subtenant in possession of a rental housing unit under a month-to-month lease at the time that property is sold in foreclosure to be provided 90 days' written notice to quit before the tenant or subtenant may be removed from the property. The bill would provide tenants or subtenants holding possession of a rental housing unit under a fixed-term residential lease entered into before transfer of title at the foreclosure sale the right to possession until the end of the lease term, except in specified circumstances. The bill would also extend the operation of these provisions until December 31, 2019. (4) 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.
Who sponsors AB 2610?
AB 2610 is sponsored by Carter, Corbett, DeSaulnier, Hancock, Leno, Pavley, and Skinner.
What is the current status of AB 2610?
This bill has been enacted into law. Introduced February 24, 2012. Enacted.
Where can I track AB 2610?
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