Landlord tenant: Ellis Act.
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AB 2405 — Landlord tenant: Ellis Act.
Last action — From committee without further action pursuant to Joint Rule 62(a).
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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2In Committee
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3Passed Assembly
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2013-2014 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
(1) Under the Ellis Act, public entities generally are prohibited from adopting any statute, ordinance, or regulation, or taking any administrative action, to compel the owner of residential real property to offer or to continue to offer accommodations in the property for rent or lease. The act authorizes, if an owner seeks to displace a tenant or lessee from accommodations withdrawn from rent or lease by an unlawful detainer proceeding, the tenant or lessee to assert by way of defense that the owner has not complied with the act, or statutes, ordinances, or regulations of public entities adopted to implement the act. This bill would require, if an owner seeks to displace a tenant or lessee from accommodations withdrawn pursuant to the act, the plaintiff to state in the caption of the complaint that the civil action is described in a specified provision of the Ellis Act. (2) Existing law authorizes a court clerk to allow access to limited civil case records filed in unlawful detainer proceedings to specified persons and, after 60 days after the complaint has been filed, to any other person, with a specified exception. This bill would prohibit the clerk of the court from allowing access to court records filed in the above-described civil action to displace a tenant or lessee from withdrawn accommodations, when the caption of the complaint states that it is a civil action described above, except as specified. (3) The Planning and Zoning Law requires each city, county, and city and county to prepare and adopt a general plan that contains certain mandatory elements, including a housing element that includes an assessment of housing needs. This bill would authorize, if a public entity, as defined, finds that the prohibition of the Ellis Act decreases the total number of affordable rental units within a jurisdiction, the board of supervisors to compel the owner of a residential real property to offer, or continue to offer, accommodations in the property for rent or lease by adoption of a resolution or by a majority vote of the electors within the county.
Bill Text
- Amended 04/10/14 - Amended Assembly Current pdf April 10, 2014
- Introduced 02/21/14 - Introduced pdf February 21, 2014
- AB2405 View text html
Action History
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From committee without further action pursuant to Joint Rule 62(a).
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In committee: Set, first hearing. Failed passage.
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From committee: Do pass and re-refer to Com. on JUD. (Ayes 6. Noes 0.) (April 23). Re-referred to Com. on JUD.
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Re-referred to Com. on L. GOV.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on L. GOV. Read second time and amended.
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Referred to Coms. on L. GOV. and JUD.
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Read first time.
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From printer. May be heard in committee March 25.
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Introduced. To print.
Sponsors
- Ammiano · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on
Sponsors (1)
- Ammiano
Co-sponsors (0)
None.
Not signed on (121)
121 members have not signed on to this bill.
Show all 121 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 4 | 3 | 0 | 2 |
| Democratic | 0 | 0 | 0 | 1 |
| Total | 4 | 3 | 0 | 3 |
| % of votes cast | 40% | 30% | 0% | 30% |
How each member voted (10)
| Member | Party | Vote |
|---|---|---|
| Alejo | — | Not Voting |
| Maienschein | — | Nay |
| Wieckowski | — | Yea |
| Chau | — | Yea |
| Gorell | — | Nay |
| Garcia | — | Not Voting |
| Wagner | — | Nay |
| Dickinson | — | Yea |
| Mark Stone | — | Yea |
| Muratsuchi, Al | Democratic | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 0 | 0 | 3 |
| Total | 6 | 0 | 0 | 3 |
| % of votes cast | 67% | 0% | 0% | 33% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Achadjian | — | Not Voting |
| Alejo | — | Not Voting |
| Bradford | — | Yea |
| Levine | — | Yea |
| Rendon | — | Yea |
| Wagner | — | Yea |
| Waldron | — | Not Voting |
| Gordon | — | Yea |
| Mullin | — | Yea |
Subjects
Frequently asked questions
- What does AB 2405 do?
- (1) Under the Ellis Act, public entities generally are prohibited from adopting any statute, ordinance, or regulation, or taking any administrative action, to compel the owner of residential real property to offer or to continue to offer accommodations in the property for rent or lease. The act authorizes, if an owner seeks to displace a tenant or lessee from accommodations withdrawn from rent or lease by an unlawful detainer proceeding, the tenant or lessee to assert by way of defense that the owner has not complied with the act, or statutes, ordinances, or regulations of public entities adopted to implement the act. This bill would require, if an owner seeks to displace a tenant or lessee from accommodations withdrawn pursuant to the act, the plaintiff to state in the caption of the complaint that the civil action is described in a specified provision of the Ellis Act. (2) Existing law authorizes a court clerk to allow access to limited civil case records filed in unlawful detainer proceedings to specified persons and, after 60 days after the complaint has been filed, to any other person, with a specified exception. This bill would prohibit the clerk of the court from allowing access to court records filed in the above-described civil action to displace a tenant or lessee from withdrawn accommodations, when the caption of the complaint states that it is a civil action described above, except as specified. (3) The Planning and Zoning Law requires each city, county, and city and county to prepare and adopt a general plan that contains certain mandatory elements, including a housing element that includes an assessment of housing needs. This bill would authorize, if a public entity, as defined, finds that the prohibition of the Ellis Act decreases the total number of affordable rental units within a jurisdiction, the board of supervisors to compel the owner of a residential real property to offer, or continue to offer, accommodations in the property for rent or lease by adoption of a resolution or by a majority vote of the electors within the county.
- Who sponsors AB 2405?
- AB 2405 is sponsored by Ammiano.
- What is the current status of AB 2405?
- This bill died with 2013-2014 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track AB 2405?
- Track AB 2405 free on One Click Politics — get push/email alerts when it moves.
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