AB 854 — Residential real property: withdrawal of accommodations.

Summary

Existing law, commonly known as the Ellis Act, generally prohibits public entities 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, as defined, in the property for rent or lease. Existing law authorizes any public entity that has in effect any control or system of control on the price at which accommodations are offered for rent or lease to require by statute or ordinance, or by regulation, that the owner notify the entity of an intention to withdraw those accommodations from rent or lease, and to require that the notice contain specified statements. This bill would, when a public entity has a price control system in effect, prohibit an owner of accommodations from filing a notice with a public entity of an intent to withdraw accommodations or prosecuting an action to recover possession of accommodations, or threatening to do so, if not all the owners of the accommodations have been owners of record for at least 5 continuous years, with specified exceptions, or with respect to property that the owner acquired within 10 years after providing notice of an intent to withdraw accommodations at a different property. This bill would require an owner of accommodations notifying the public entity of an intention to withdraw accommodations from rent or lease, as provided, to identify each person or entity with an ownership interest in the accommodations, as provided. That information would be available for public inspection. The bill would prohibit an owner or any person or entity with an ownership interest from acting in concert with a coowner, successor owner, prospective owner, agent, employee, or assignee to circumvent these provisions. The bill would provide specified, nonexclusive remedies for a violation. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

Bill Text

• Amended 01/27/22 - Amended Assembly Current pdf January 27, 2022
• Amended 01/13/22 - Amended Assembly pdf January 13, 2022
• Amended 03/18/21 - Amended Assembly pdf March 18, 2021
• Introduced 02/17/21 - Introduced pdf February 17, 2021
• AB854 View text html

Action History

1. February 01, 2022

   Died on third reading file.

2. January 27, 2022

   Read third time and amended. Ordered to third reading. (Page 3396.)

3. January 24, 2022

   Read second time. Ordered to third reading.

4. January 20, 2022

   From committee: Do pass. (Ayes 12. Noes 3.) (January 20).

5. January 14, 2022

   Re-referred to Com. on APPR.

6. January 13, 2022

   Read second time and amended.

7. January 12, 2022

   From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (January 12).

8. March 22, 2021

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

9. March 18, 2021

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

10. March 18, 2021

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

11. February 18, 2021

    From printer. May be heard in committee March 20.

12. February 17, 2021

    Read first time. To print.

Sponsors

• Alex Lee · Primary
• Ash Kalra · Cosponsor
• Bloom · Cosponsor
• Mia Bonta · Cosponsor
• Nazarian · Cosponsor
• Ting · Cosponsor
• Buffy Wicks · Cosponsor
• Benjamin Allen · Cosponsor
• Henry I. Stern · Cosponsor
• Juan Carrillo · Cosponsor

Votes

Subjects