Agenda Summary - Property Management CommitteeMarriott Hotel
Anaheim, California
January 26, 2006
7:00 AM – 9:00 AMPresiding:
Curt Cournale, Chair
Kevin Brown, Vice Chair
Roger Holtsclaw, Vice Chair
Irma Vargas, Committee LiaisonC.A.R. Staff:
Ron Kingston
Natalie CardenasI. Opening CommentsII. Approval of September 22, 2005 Meeting Notes*III. 60-Day Notice to Quit – A bill to be sponsored by Western Center onLaw and Poverty -- Last year, C.A.R. successfully defeated S.B. 51 (Kuehl), a bill which would have extended the 60-day notice to terminate a residential tenancy statute for an additional three years.  The chief tenants lobby in California, WesternCenter on Law and Poverty, has assured us they will sponsor another 60-day notice bill this year.  The tenants lobby considers the extension of the 60-day notice to terminate their number one legislative priority for 2006.In order to defeat this newbill, each member of the Property Management Committee has been asked to provide ONE or TWO actual case histories that demonstrate the 60-day notice to vacate law was harmful to other tenants and to the overall management of rental properties that you ownor manage.  Discussion of this bill, once it is introduced, will be a priority for this committee.IV. AB ____ (Laird) Omnibus Housing Nondiscrimination Act – This measure would address housing discrimination issues in many aspects of California law including real estate licensing. This bill, as drafted, will create significant ambiguity of law concerning landlord/tenant rights and homeowner rights for the disabled and senior citizen communities.  The author’s office has asked C.A.R.staff to draft amendments to the bill to address our concerns in order to remove our opposition. V. AB 1259 (Daucher) Housing Element Compliance and Local Government Rent Control and Inclusionary Zoning Requirements – Last year, AB 1259 was introduced and as drafted would have encouraged local governments to adopt rent control and inclusionary zoning in order to meet their Regional Housing Needs Allocations for their Housing Elements.  This month, AB 1259, was amended to allow local government to self-certify their Housing Elements so long as they identify specific parcels to meet their Regional Housing Needs Allocations.  These amendments still result in encouraging local governments to adopt rent control and inclusionary zoning.  As drafted, C.A.R remains OPPOSED to the bill.  This week, C.A.R. drafted amendments to the bill to satisfy our concerns and remove our opposition.  As of the date of this summary, C.A.R. has not heard back from Assemblymember Daucher’s office whether these amendments are acceptable.  The bill is scheduled to be heard in the Assembly Local Government Committee on Wednesday, January 11th.VI. SB 540 (Kehoe) Tenants Rights to Display Political Signs – SB 540 provides tenants with certain rights to post political signs on their rented properties.  Last year, SB 540 was opposed by C.A.R. and was never heard.  However, on January 4, 2006, the bill was “gutted and amended” to expand tenants rights to post political signs on multi-family and single-family rental property.  As drafted, SB 540 would allow tenants to display any number of political signs, for unlimited time periods on windows and front door for multi-family rentals.  On single-family rentals, political signs could be displayed on the front lawn, windows, or balcony of the property.  There is no limit to the number of signs, the time they can be displayed, or the manner in which they are affixed to the property.  Further, the bill would supersede any contract provisions and even local sign laws.  C.A.R. will strongly OPPOSE the bill unless amended.  The bill is set to be heard in the Senate Judiciary Committee on Tuesday, January 17, 2006.  The bill must pass outof its house of origin by January 30th in order to proceed.  Otherwise, the measure dies.VII. Investigative Credit Reporting Act Issues – The Property Management Committee will engage in a substantive discussion on recent judicial and possiblelegislative development regarding conflicts between the Credit Reporting Act and the Fair Credit Reporting Act.  At issue is the applicability of information used by property managers and landlords to qualify tenants for rental property.VIII. AB 438(Parra) Megan’s Law, Occupation of Property – The bill would allow a landlord or property manager of residential property to refuse to rent to or evict a registered sex offender. It would also allow landlords to inform tenants that a registered sex offender resides in the rental property. C.A.R.’s position: SUPPORT.  AB 438 is scheduled to be heard in Assembly Public Safety on January, 10th.X. SB 509 (Flores) Pesticide Notification – Recent amendments to SB 509 (Flores) wouldrequire farmers working with County Agricultural Commissions to disclose the spraying of pesticides within a 1 mile radius to all schools and residences.  These amendments raise serious concerns regarding disclosure of such pesticide spraying for properties within said area that are being sold or rented. C.A.R. has raised these concerns to the author and will propose amendments to satisfy our concerns for sellers, landlords, and property managers.IX. OtherX. Adjournment