AB 1399 — Residential real property: rent control: withdrawal of accommodations.

Summary

(1) Existing law, commonly known as the Ellis Act, generally prohibits public entities from adopting any statute, ordinance, or regulation, or taking any administrative action, as specified, to compel the owner of residential real property to offer or to continue to offer accommodations, as defined, in the property for rent or lease. Existing law authorizes a public entity acting pursuant to the Ellis Act to require an owner who offers accommodations for rent or lease within a period not exceeding 10 years from the date on which they were withdrawn, as specified, to first offer the unit to the tenant or lessee displaced from that unit by the withdrawal, subject to certain requirements. If the owner fails to comply with this requirement, the owner is liable to a displaced tenant or lessee for punitive damages not to exceed 6 months' rent. This bill would prohibit a payment of the above-described punitive damages from being construed to extinguish the owner's obligation to offer the accommodations to a prior tenant or lessee, as described above. (2) Existing law qualifies the Ellis Act prohibition on compelling owners to offer or to continue to offer accommodations by, among other things, permitting a public entity to require an owner to provide notice that the owner has initiated actions to terminate tenancies and, in this situation, the date of withdrawal of accommodations would be 120 days from the delivery of the notice. Existing law extends the term for the withdrawal of accommodations, in this context, to one year if the tenant or lessee is 62 years of age or older, or disabled, and other conditions are met. This bill, with regard to the withdrawal of accommodations and the extension of tenancies, as described above, would require the date of withdrawal for the accommodations as a whole to be the latest termination date among all tenants within the accommodations for purposes of calculating specified time periods, as specified. The bill would make conforming changes to clarify the application of these provisions with respect to accommodations with multiple units and with respect to requirements to give notice to public entities and tenants with extended tenancies. The bill would also conform a statement of legislative intent relating to the Ellis Act to specify that it is not intended to permit an owner to return to the rental market less than all of the accommodations, among other things. The bill would also amend this statement of legislative intent to make further statements regarding what the act is not intended to permit on the part of an owner.

Bill Text

• Chaptered 10/08/19 - Chaptered Current pdf October 08, 2019
• Enrolled 09/06/19 - Enrolled pdf September 06, 2019
• Amended 07/11/19 - Amended Senate pdf July 11, 2019
• Amended 06/10/19 - Amended Senate pdf June 10, 2019
• Amended 04/25/19 - Amended Assembly pdf April 25, 2019
• Introduced 02/22/19 - Introduced pdf February 22, 2019
• AB1399 View text html

Action History

1. October 08, 2019

   Chaptered by Secretary of State - Chapter 596, Statutes of 2019.

2. October 08, 2019

   Approved by the Governor.

3. September 11, 2019

   Enrolled and presented to the Governor at 3:30 p.m.

4. September 05, 2019

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 58. Noes 14. Page 3025.).

5. September 03, 2019

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 5 pursuant to Assembly Rule 77.

6. September 03, 2019

   Read third time. Passed. Ordered to the Assembly. (Ayes 29. Noes 9. Page 2442.).

7. July 11, 2019

   Read second time and amended. Ordered to third reading.

8. July 10, 2019

   From committee: Amend, and do pass as amended. (Ayes 7. Noes 1.) (July 9).

9. June 24, 2019

   In committee: Set, first hearing. Hearing canceled at the request of author.

10. June 19, 2019

    From committee: Do pass and re-refer to Com. on JUD. (Ayes 7. Noes 1.) (June 18). Re-referred to Com. on JUD.

11. June 10, 2019

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HOUSING.

12. June 06, 2019

    Referred to Coms. on HOUSING and JUD.

13. May 29, 2019

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

14. May 28, 2019

    Read third time. Passed. Ordered to the Senate. (Ayes 48. Noes 18. Page 2010.)

15. May 01, 2019

    Read second time. Ordered to third reading.

16. April 30, 2019

    From committee: Do pass. (Ayes 11. Noes 0.) (April 30).

17. April 29, 2019

    Re-referred to Com. on JUD.

18. April 25, 2019

    From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

19. April 10, 2019

    From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 2.) (April 10). Re-referred to Com. on JUD.

20. March 14, 2019

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

21. February 25, 2019

    Read first time.

22. February 23, 2019

    From printer. May be heard in committee March 25.

23. February 22, 2019

    Introduced. To print.

Sponsors

• Bloom · Primary

Votes

Subjects