AB 2290

Bill Subjects

Abstract

Existing law provides summary proceedings for obtaining possession of real property in certain circumstances, including if an owner of real property seeks to displace, on the ground of unlawful detainer, a tenant or lessee of accommodations that the owner has withdrawn from rent or lease. Existing law requires the clerk of the court to allow access to the records of those summary proceedings, as prescribed. This bill would prohibit the clerk from allowing access to the records of an unlawful detainer action described above, except as prescribed. The bill would require the owner in that case to identify the type of unlawful detainer action in the caption of the owner's complaint. The bill would also require a county to report monthly to the Legislature certain information related to unlawful detainer actions with respect to the preceding month, including the total number of unlawful detainer judgments entered in the county. Existing law, the state rental assistance program, establishes a program for providing rental assistance, using funding made available pursuant to federal law, administered by the Department of Housing and Community Development. This bill would prohibit the clerk from allowing access to the records of an unlawful detainer action if the plaintiff or a defendant applied for rental assistance pursuant to the state rental assistance program, did not receive approval or funding before judgment against the defendant was entered due to delays in processing and distribution of the rental assistance application and funding, and the action is based on a default in the payment of rent, except as specified. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.