AMENDED IN ASSEMBLY MARCH 17, 2022
california legislature—2021–22 regular session
ASSEMBLY BILL No. 2050
Introduced by Assembly Member Lee
February 14, 2022
An act to amend Section 33080 of the Education Code, relating to state educational agencies. An act to add Section 7060.8 to the Government Code, relating to residential real property. legislative counsel’s digest
AB 2050, as amended, Lee. State educational agencies: purpose.
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 administr ative action, to compel the owner of r esidential real property to offer or to continue to offer accommodations, as defined, in the property for rent or lease.
Existing law authorizes any public entity that has in effect any control or system of control on the price at which accommodations are offered for rent or lease to r equire by statute or or dinance, or by r egulation, that the owner notify the entity of an intention to withdr aw those accommodations fr om r ent or lease , and to r equire that the notice contain specified statements.
This bill would, when a public entity has a price contr ol system in effect, prohibit an owner of accommodations from filing a notice with a public entity of an intention to withdr aw accommodations or prosecuting an action to r ecover possession of accommodations, or threatening to do so, if not all the owners of the accommodations have been owners of record for at least 5 continuous year s, with specified
98 exceptions, or with respect to property that the owner acquired within 10 years after providing notice of an intent to withdraw accommodations at a different property.
This bill would r equire an owner of accommodations notifying the public entity of an intent to withdr aw accommodations fr om rent or lease, as provided, to identify each person or entity with an ownership interest in the accommodations, as pr ovided. That information would be available for public inspection. The bill would prohibit an owner or any person or entity with an ownership interest from acting in concert with a coowner, successor owner, prospective owner, agent, employee, or assignee to cir cumvent these pr ovisions. The bill would pr ovide specified, nonexclusive remedies for a violation.
The bill would include findings that c hanges proposed by this bill address a matter of state wide concern rather than a municipal af fair and, therefore, apply to all cities, including charter cities.
Existing law states that each child is a unique person, with unique needs, and that the purpose of the educational system of the state is to enable each child to develop all of their own potential.
This bill would make nonsubstantive changes to this provision.
Vote: majority. Appropriation: no. Fiscal committee: no yes. State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 7060.8 is added to the Government Code, line 2 to read:
line 3 7060.8. (a) When a public entity that, by a valid e xercise of line 4 its police power, has in effect any control or system of control on line 5 the price at which accommodations are offered for rent or lease, line 6 all of the following shall apply:
line 7 (1) An owner of accommodations shall not file a notice with a line 8 public entity to withdraw accommodations pursuant to this chapter, line 9 prosecute an action to r ecover possession of accommodations line 10 pursuant to this chapter, or threaten to do either of these things, line 11 unless all the owners of the accommodations have been owners of line 12 record for at least five continuous years. If an owner of record is line 13 not a natural person, then all persons or entities with an ownership line 14 interest in that entity shall have held that interest for at least five line 15 continuous years. The five-year owner ship requirements in this 98 — 2 — AB 2050
line 1 paragraph shall not apply to an owner of accommodations that line 2 meets all of the following requirements:
line 3 (A) The owner of record is a natural person, a limited liability line 4 company in which there are no more than four member s and all line 5 of the members are natural persons, or a natural person who holds line 6 title to the pr operty as trustee in whic h the settler and all line 7 beneficiaries are natural persons.
line 8 (B) All natural persons referenced in subparagraph (A) are the line 9 sole beneficial owners of the accommodations, with the exception line 10 of a person who holds title to the property as trustee. line 11 (C) The owner of record and all natural persons referenced in line 12 subparagraph (A) eac h directly or indir ectly own four or fe wer line 13 residential units in the a ggregate, not including the owner’ s line 14 principal residence.
line 15 (2) If an owner of accommodations, including a person or entity line 16 with an ownership interest in the accommodations, files a notice line 17 of intent with the public entity to withdraw accommodations under line 18 this chapter, and the owner subsequently acquires a new property line 19 containing accommodations within 10 year s of that filing , the line 20 owner shall not withdr aw accommodations pur suant to this line 21 chapter, pr osecute an action to r ecover possession of line 22 accommodations pursuant to this chapter, nor threaten to do either line 23 of these things, with respect to the later acquired property. line 24 (3) An owner of accommodations, or any person or entity with line 25 an ownership interest in an entity that owns the accommodations, line 26 shall not act in concert with a coowner , successor owner , line 27 prospective owner, agent, employee, or assignee , to cir cumvent line 28 the limitations of paragraph (1) or (2).
line 29 (4) An owner of accommodations notifying the public entity of line 30 an intention to withdraw accommodations from rent or lease shall line 31 identify each person or entity with an owner ship interest in the line 32 accommodations, and if any entity is not a natural person, identify line 33 all persons or entities with an owner ship interest in that entity . line 34 This information shall not be confidential and shall be available line 35 for public inspection.
line 36 (b) A person or entity that violates the provisions described in line 37 paragraph (1) or (2) of subdivision (a) is liable to the tenant or line 38 lessee for actual dama ges, special damages of not less than two line 39 thousand dollar s ($2,000) for eac h violation, and r easonable line 40 attorney’s fees and costs in an amount fixed by the court. The 98 AB 2050 — 3 —
line 1 remedy provided by this section is not e xclusive and shall not line 2 preclude either the tenant or lessee from pursuing any other remedy line 3 provided by law.
line 4 SEC. 2. The Le gislature finds and declar es that housing , line 5 including maintenance of accommodations, is a matter of statewide line 6 concern and is not a municipal affair as that term is used in Section line 7 5 of Article XI of the California Constitution. Therefore, Section line 8 1 of this act adding Section 7060.8 to the Government Code applies line 9 to all cities, including charter cities.
line 10 SECTION 1. Section 33080 of the Education Code is amended line 11 to read:
line 12 33080. Each child is a unique person, with unique needs, and line 13 the purpose of the educational system of the state is to enable each line 14 child to develop all of their own potential.
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98 — 4 — AB 2050