María Elena Durazo
- Democratic
- Senator
- District 26
Author
Existing law, after a tenant has continuously and lawfully occupied a residential real property for 12 months, prohibits the owner of the residential real property from terminating the tenancy without just cause and requires that just cause to be stated in the written notice to terminate tenancy. Existing law distinguishes between at-fault just cause and no-fault just cause and defines no-fault just cause to mean intent to occupy the residential real property by the owner or the owner's spouse, domestic partner, children, grandchildren, parents, or grandparents, withdrawal of the residential real property from the rental market, the owner complying with specified government orders that necessitate vacating the real property, and intent to demolish or to substantially remodel the residential real property. This bill would, with respect to the no-fault just cause related to an eviction based on an intent to occupy the residential real property, require, among other things, that the owner, as defined, or the owner's spouse, domestic partner, children, grandchildren, parents, or grandparents occupy the residential real property for a minimum of 12 continuous months as the person's primary residence, as provided. The bill would also, with respect to the no-fault just cause related to withdrawal of the residential real property from the rental market, require the rental units at the rental property be withdrawn from the rental market, as prescribed. The bill would require an owner who displaces a tenant to substantially remodel or demolish a unit to provide the tenant with written notice providing the tenant with specified information, including a description of the substantial remodel to be completed and the expected duration of the repairs, or the expected date by which the property will be demolished, and a copy of permits required to undertake the substantial remodel or demolition, as specified. This bill would also prescribe new enforcement mechanisms with respect to the provisions described above, including by making an owner who attempts to recover possession of a rental unit in material violation of those provisions liable to the tenant in a civil action for damages of up to 3 times the actual damages, in addition to punitive damages. The bill would authorize the Attorney General and the city attorney or county counsel, within whose jurisdiction the rental unit is located, to bring actions for injunctive relief against the owner, as specified. Existing law, until January 1, 2030, prohibits an owner of residential real property from, over the course of any 12-month period, increasing the gross rental rate for a dwelling or a unit more than 5% plus the percentage change in the cost of living, or 10%, whichever is lower, of the lowest gross rental rate charged for that dwelling or unit at any time during the 12 months before the effective date of the increase, subject to specified conditions. This bill would make an owner who demands, accepts, receives, or retains any payment of rent in excess of the maximum rent increase allowed, as prescribed, liable in a civil action to the tenant from whom those payments are demanded, accepted, received, or retained for certain relief, including, upon a showing that the owner has acted willfully or with oppression, fraud, or malice, damages up to 3 times the amount by which any payment demanded, accepted, received, or retained exceeds the maximum allowable rent. This bill would authorize the Attorney General and the city attorney or county counsel, within whose jurisdiction the residential property is located, to enforce the bill's provisions and bring an action for injunctive relief, as specified. This bill would also make a technical, nonsubstantive change to those provisions. The bill would provide that its provisions become effective on April 1, 2024.
Approved by the Governor.
Chaptered by Secretary of State. Chapter 290, Statutes of 2023.
Enrolled and presented to the Governor at 4 p.m.
Assembly amendments concurred in. (Ayes 24. Noes 9. Page 2833.) Ordered to engrossing and enrolling.
In Senate. Concurrence in Assembly amendments pending.
Read third time. Passed. (Ayes 55. Noes 16. Page 3599.) Ordered to the Senate.
Read second time. Ordered to third reading.
Withdrawn from committee.
Ordered to second reading.
Assembly Rule 96 suspended. (Ayes 60. Noes 18. Page 3228.)
(Ayes 60. Noes 18. Page 3189.)
From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
Read third time and amended.
Ordered to third reading.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 11. Noes 4.) (September 1).
Coauthors revised.
August 16 set for first hearing. Placed on suspense file.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 3.) (July 11).
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
Read second time and amended. Re-referred to Com. on JUD.
From committee: Do pass as amended and re-refer to Com. on JUD. (Ayes 6. Noes 2.) (June 28).
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 21. Noes 12. Page 1400.) Ordered to the Assembly.
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 5. Noes 2. Page 1175.) (May 18).
Set for hearing May 18.
May 15 hearing: Placed on APPR suspense file.
Set for hearing May 15.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 2. Page 894.) (April 25).
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
Set for hearing April 25.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
From printer. May be acted upon on or after March 18.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB567 | HTML |
| 02/15/23 - Introduced | |
| 03/20/23 - Amended Senate | |
| 04/17/23 - Amended Senate | |
| 05/01/23 - Amended Senate | |
| 05/18/23 - Amended Senate | |
| 06/29/23 - Amended Assembly | |
| 07/05/23 - Amended Assembly | |
| 07/12/23 - Amended Assembly | |
| 09/08/23 - Amended Assembly | |
| 09/11/23 - Amended Assembly | |
| 09/19/23 - Enrolled | |
| 09/30/23 - Chaptered |
| Document | Format |
|---|---|
| 04/22/23- Senate Judiciary | |
| 05/12/23- Senate Appropriations | |
| 05/18/23- Senate Appropriations | |
| 05/23/23- Sen. Floor Analyses | |
| 06/26/23- Assembly Housing and Community Development | |
| 06/27/23- Assembly Housing and Community Development | |
| 07/08/23- Assembly Judiciary | |
| 08/14/23- Assembly Appropriations | |
| 09/05/23- ASSEMBLY FLOOR ANALYSIS | |
| 09/08/23- ASSEMBLY FLOOR ANALYSIS | |
| 09/14/23- ASSEMBLY FLOOR ANALYSIS | |
| 09/14/23- Sen. Floor Analyses |
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