BILL ANALYSIS
SB 2088
Date of Hearing: July 6, 1994
ASSEMBLY COMMITTEE ON JUDICIARY
Phillip Isenberg, Chair
SB 2088 (Mello) - As Amended: June 13, 1994
PRIOR ACTION
Sen. Com. on JUD. 11-0 Sen. Floor 37-0
PURPOSE: This bill clarifies situations in which a hotel or motel may
šhave a person removed from the premises without the necessity of using the
šlegal eviction processes that is required when a person is considered a
š"tenant."
KEY ISSUE:
SHOULD A "TENANCY" AT A HOTEL OR MOTEL (A STATUS THAT DOES NOT ALLOW
šTERMINATION OF THE PERSON'S OCCUPANCY WITHOUT LEGAL EVICTION PROCESS AND
šCOURT ORDER) BE DEFINED TO EXCLUDE ANY PERSON WHO HAS NOT MADE VALID
šPAYMENT FOR ALL ROOM AND OTHER RELATED CHARGES OWING ON THE 30TH DAY OF HIS
šOR HER OCCUPANCY?
SHOULD THE REQUIREMENTS FOR "EXEMPT" HOTELS AND MOTELS (I.E., HOTELS AND
šMOTELS IN WHICH "GUEST" ARE NOT GIVEN "TENANT" STATUS) BE MODIFIED TO
šDELETE THE REQUIREMENTS THAT THEY PROVIDE "CENTRAL DINING" AND
š"RECREATIONAL SERVICES"?
SHOULD THE CRIMINAL TRESPASS LAW BE CLARIFIED TO PROVIDE THAT ANY OCCUPANCY
šIN A HOTEL OR MOTEL FOR A CONTINUOUS PERIOD OF 30 DAYS OR LESS, ABSENT A
šWRITTEN AGREEMENT TO THE CONTRARY, NOT BE CONSIDERED A TENANCY?
DIGEST
Existing law provides various provisions regarding the hiring of real
šproperty. Generally, the law requires termination of the right of
špossession and eviction of a "tenant" only takes place through the judicial
šprocess.
Existing law:
1) Provides that "persons who hire"
real property (a "tenant") does
not include a person who
maintains transient occupancy at
a hotel or motel when that
occupancy is subject to a room
tax. (Generally, occupancy of
less than 30 consecutive days is
considered transient.)
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This bill:
1) Clarifies that tenant status is
not acquired based on occupancy
of more than 30 consecutive days
where the person has not made
valid payment for all room and
other related charges on the 30th
day of occupancy.
2) Provides that a "tenant" does not
include persons who maintain
occupancy at an "exempt" hotel or
motel where the innkeeper
retains a right of access to and
control of the dwelling unit and
the hotel or motel provides
"central dining," maid, mail room
and recreational services.
2) Deletes the requirement that
"exempt" hotels and motels
provide: (a) "central dining"
service (and instead specifies
"food service" such hotels and
motels must provide) and (b)
recreational services.
3) Makes punishable, as a
misdemeanor criminal trespass,
the refusal or failure to leave a
hotel or motel where a person has
refused to pay for accommodations
and the occupancy is not a
"tenancy" under Civil Code
Section 1940.
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3) Provides that an occupancy at a
hotel or motel for a period of 30
consecutive days or less shall
not be deemed to be a tenancy in
the absence of a written
agreement to the contrary or
other written evidence of a
periodic tenancy of an indefinite
duration.
FISCAL EFFECT
No significant fiscal impact on state or local entities is anticipated.
šThis bill will not be referred to the Assembly Committee on Ways and
šMeans.
COMMENTS
1) Sponsor's Statement. The California Hotel and Motel Association,
the sponsor, states that this bill "is the result of a carefully
crafted compromise reached between the hotel/motel industry, the
Western Center on Law and Poverty, and various legal aid organizations
to better define the specific circumstances under which a hotel/motel
'guest' will become a 'tenant'." The sponsor argues that because of
the "significant legal and practical differences between these two
classes of occupants," this issue is extremely important.
According to the sponsor, its members are facing increasing incidences
of hotel "guests" suddenly claiming that they are "tenants" and,
therefore, cannot be evicted without an unlawful detainer action.
Under Civil Code (CC) Section 1940, an occupancy of certain types of
hotels or motels (which do not provide food or maid service, etc.) for
more than 30 consecutive days may create a "tenancy." As a tenant,
the person cannot be evicted without due process and the right to a
jury trial. As a guest, however, the person may be evicted without
court process or order and even arrested for trespass upon the non-
payment of rental charges.
This bill, the sponsor argues, clarifies distinctions between a hotel
or motel "guest" and "tenant" to better enable a hotel or motel to
enforce its rights against non-paying guests.
2) Clarification of trespass laws. According to the sponsor, law
enforcement agencies rarely enforce the trespass law to evict non-
paying hotel and motel guests because of the fear of liability for an
unlawful arrest and eviction. This bill, proponents argue, will
clarify the law to provide guidance to law enforcement agencies. The
proponents contend that under this bill a law enforcement officer can
better and more easily determine whether the accused violator is a non-
paying guest or tenant and act accordingly.
3) Requirements for "exempt" hotels and motels. This bill changes
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the requirements for certain hotels and motels to be exempt from CC
Section 1940 (i.e., their g
uests can never acquire tenant status). Under current
laws, these hotels and motels must provide, among other amenities,
"central dining, maid, mail, room, and recreational services." This
bill repeals the requirement to provide "recreational services" and
require the provision of "food service," as defined, rather than
"central dining."
According to the sponsor, recent development trends have led to the
building of some "four-star" facilities that do not provide
"recreational services," but for all intents and purposes are like
other four-star facilities. Proponents argue that these facilities,
like "Embassy Suites," should not be denied the protections offered to
other similar establishments simply because of the failure to provide
recreational services. Similarly, many of these newer establishments
may offer dining in an affiliated food establishment that is located
on or adjacent to the hotel or motel, but is not "central dining."
The changes proposed in this bill, proponents contend, update the law
to reflect development trends.
4) Technical amendment. Committee staff is advised that the author
will offer the following technical amendment:
On page 2, line 15, after the word "and" insert:
other
On page 7, line 14, following the word "agreement", strike "of,"
and insert:
to the contrary
On page 7, line 15, following the words evidence of,
strike the comma
SUPPORT OPPOSITION
California Hotel and Motel Association Unknown
(sponsor)
California Lodging Industry Association
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