As this article is being written the budget impasse, which became very ugly has just been resolved. Although the session ended on August 31st for all regular legislation, the budget delay set a record for lateness. Although the initial details are sketchy, critics will no doubt assail the product as one of gimmickry without long-term structural reform. In the final analysis the Republicans were unwilling to go along with the Governor’s proposed temporary one-cent sales tax increase and the Democrats resisted a budget based only on cuts and more borrowing. Preliminary estimates are that even with this budget the state begins the next fiscal year already $2 million in the hole. The correctional officers union is gathering signatures to recall the Governor claiming they have gone two years without a contract even though they got a sweetheart deal under the previous administration. They have also begun contributing heavily to defeat Prop 11, the redistricting initiative, sponsored by the Governor, AARP and others that would transfer the power to draw the legislative districts from the legislature to an independent commission. Adding to the mess, the Democratic leadership in the Assembly threw Assemblywoman Nicole Parra (D-Hanford) and her staff out of her Capitol office for being the only Democrat to refuse to vote for the Democrats initial budget proposal. A moderate democrat, she had previously warned that she would not vote for a budget unless there was movement on Central Valley water issues.

On a more positive note all of the bills we have been interested in have been resolved favorably. Below is a summary of the status of the key measures we were following:

AB 2052 (Lieu) – Relieving Victims of Domestic Violence from Lease Obligations
As a reminder the bill provides a process to allow a victim of domestic violence to get out of a rental property lease without penalty. We had previously reported on the efforts of our efforts along with AAGLA and the California Association of Realtors (CAR) to try and secure an amendment to the bill that could facilitate the eviction of the abuser. Among our concerns was that the new process in the bill, in which the victim provides the owner with a TRO, police report etc., in order to be relieved of lease obligations, in effect puts the owner on actual notice that there is very possibly a person/situation on the property that is a danger to other tenants, their guests or invitees, raising real third party liability exposure. Original amendment language we worked on with the author was rejected by the bill’s sponsors. However, through our lobbying efforts, the assistance of the author and judiciary committee staffs and acquiescence of tenant and battered women’s advocates, we arrived at a compromise in which the commission of an act of domestic violence, sexual abuse or stalking may be rebuttably presumed to be a nuisance for the purposes of terminating the perpetrator’s tenancy once the victim has vacated. After then going through a number of high risk procedural steps at the end of session, the measure as amended received almost unanimous support of both houses and now awaits the Governor’s signature. I wanted to signal out a few folks for special thanks in a very gratifying process and outcome. Assemblyman Lieu and his staff really hung in there despite initial pushback from the bill’s sponsors, ACLU and some committee staffers. Also our allies from CAR, at the staff and volunteer level, were persistent, focused and played a key role in keeping the pressure on. Since most of our achievements are measured in what we prevent from happening to the industry, and I don’t want to understate the importance of that role, it is very nice to be able to do something that moves the ball forward for owners; this is one of those examples. Note to owners: Because of the procedural maneuvering the bill passed as an urgency measure meaning it will become law as soon as the Governor signs it!! Therefore not only will owners have to comply with the provisions of the bill allowing a victim to be released from a lease or rental agreement but it also kicks in your ability to evict an abuser if the circumstances warrant it.

AB 2925 (Davis) – Substandard Housing
As reported earlier, in an excellent collaborative effort, we worked with our California Housing Providers Coalition allies to kill this measure in the Senate Transportation and Housing Committee.

AB 2586 (Torrico) – Tenants in Foreclosed Properties
Amendments narrowed the scope of the bill that in its initial form would have imposed notice and other requirements in situations where a tenant resides in a foreclosed multi family property. Most allied groups moved to a neutral/watch position. The bill is on the Governor’s desk.

SB 1598 (Padilla) – Smoking
The bill was dropped by the author without a hearing in the Assembly Judiciary Committee. In its original form it would have created a framework for an owner to declare a building non smoking. Amendments forced on the bill by tenant groups made it unacceptable to many owners groups.

SB 1299 (Migden) – Rent Control
Originally terrible, this bill would have required one-for-one replacement of units demolished in rent-controlled communities, and placed the new units under previous price controls. After the Senate Judiciary Committee meeting, the author gutted the bill and turned it into a study of the impact of conversions on housing stock. The bill died without a hearing in the Assembly.

SB 1386 (Lowenthal) – Carbon Monoxide Detectors
The bill requires carbon monoxide detectors in all single and multifamily properties with fossil-fuel burning appliances. Amendments would, for existing multifamily properties, require installation at least two years after the publication of the 2010 state building standards and that tenants notify an owner if the device is inoperable. The bill passed both houses by a wide margin and is on the Governor’s desk

SB 1518 (Correa) – Submetering
After amendments gutted the Ratio Utility Billing System language, the bill was used for a completely different purpose.

SB 1608 (Corbett, et. al.) – Disability
This is a bill that strikes a positive balance between disability access and providing owners the opportunity to cure problems before suits are brought. It also includes a certification process to ward off many of the frivolous actions that have been growing in this area. The bill is on the Governor’s desk. c