LANDLORD/TENANT ISSUES

AB 1256 (Bloom D) Civil law: privacy: Entry and Exit of Facilities.

Existing law provides that a person is liable for physical invasion of privacy when the defendant knowingly enters onto the land of another person without permission or otherwise commits a trespass in order to physically invade the privacy of the plaintiff with the intent to capture any type of visual image, sound recording, or other physical impression of the plaintiff engaging in a personal or familial activity and the physical invasion occurs in a manner that is offensive to a reasonable person. This bill would recast these provisions to instead provide that a person is liable for a physical invasion of privacy when the defendant knowingly enters onto the land of another person without permission or otherwise commits a trespass with the intent to capture any type of visual image, sound recording, or other physical impression of the plaintiff engaging in a private, personal, or familial activity and the invasion occurs in a manner that is offensive to a reasonable person. The bill would define “private, personal, or familial activity,” as specified, and provide that this definition applies to physical and constructive invasion of privacy.

AB 1542 (Waldron R) Theft: Lost Property.

Existing law makes it a crime for a person who finds lost property under circumstances that give him or her knowledge of or means of inquiry as to the true owner, and who appropriates the property to his or her own use, or to the use of another person not entitled thereto, without first making reasonable and just efforts to find the owner and to restore the property to him or her.

AB 2405 (Ammiano D) Landlord Tenant: Ellis Act.

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 The act authorizes, if an owner seeks to displace a tenant or lessee from accommodations withdrawn from rent or lease by an unlawful detainer proceeding, the tenant or lessee to assert by way of defense that the owner has not complied with the act, or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 This bill would require, if an owner seeks to displace a tenant or lessee from accommodations withdrawn pursuant to the act solely on the basis of this withdrawal, the case to civil action other than a civil action for unlawful detainer in which the tenant or lessee may assert the above-described defenses.

SB 1439 (Leno D) Residential Real Property: Withdrawal of Accommodations.

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. This bill would authorize the County of San Francisco to prohibit an owner of accommodations from withdrawing 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 5 continuous years or more or with respect to property that the owner acquired after providing notice of an intent to withdraw accommodations at a different property. Among other things, the bill would also permit the county to require an owner of accommodations notifying the county of an intention to withdraw accommodations from rent or lease to identify each person or entity with an ownership interest in the accommodations and to identify all persons or entities with an ownership interest in an entity, which information would be available for public inspection.

SB 992 (Nielsen R) Maintenance of Exclusive Areas: Fines.

The Davis-Stirling Common Interest Development Act governs the management and operation of common interest developments. Existing law also set forth the duties and responsibilities of the association and the owners of the separate interests with regard to maintenance and repair of common and exclusive use areas, as defined. Unless otherwise provided in the common interest development declaration, the association is responsible for maintaining, repairing, and replacing the common area, other than the exclusive use common area, and the owner of each separate interest is responsible for maintaining that separate interest and any exclusive use common area appurtenant to that interest. An association may impose a fine or assessment upon a separate interest owner for failure to maintain his or her property in accordance with the association rules for that development. This bill would prohibit an association from imposing a fine or assessment on separate interest owners for yard maintenance issues related to under-watered plants and lawns during any period for which the Governor has declared a state of emergency due to drought.

 

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