BILL ANALYSIS
SB 548
Page 1
Date of Hearing: July 16, 1997
ASSEMBLY COMMITTEE ON JUDICIARY
Martha Escutia, Chairwoman
SB 548 (Solis) - As Amended: July 10, 1997
SUBJECT : RESIDENTIAL DWELLINGS
KEY ISSUE : SHALL LANDLORDS BE REQUIRED TO INSTALL AND MAINTAIN
SPECIFIC DOOR AND WINDOW LOCKS ON THEIR RENTAL UNITS?
SUMMARY : Requires a landlord of a dwelling unit to install and
maintain operable deadbolt locks on exterior doors of the unit and
to install and maintain operable window locks for windows and
sliding glass doors. Specifically, this bill :
1) Requires a landlord of a rental unit, as of July 1, 1998, to
install and maintain operable deadbolt locks on exterior doors
that provide the closest access to the living areas of the
dwelling unit.
2) Requires the landlord to install and maintain operable window
locks for windows and sliding glass doors that are designed to
be opened. The provision would not apply to windows or doors
that are more than 12 feet vertically or six feet horizontally
from the ground.
3) Requires the installation of fire code compliance locks on
exterior doors that provide access to and from common areas in
multi-family developments.
4) Provides that a violation of the duty does not broaden or
affect the duty of care owed by a landlord pursuant to existing
law, and that its provisions do not prevent a public entity
from imposing additional requirements imposed upon a landlord
by a public entity.
EXISTING LAW :
1) Declares that a landlord has a general duty to exercise due
care towards his or her tenant. (Civil Code Section 1714;
Rowlands v. Christian (1968) 69 Cal.2d 108. Hereafter all
references are to the Civil Code unless
otherwise noted.)
2) Generally requires a residential property landlord to maintain
the building in a condition fit for human occupation. (Section
1941 et seq. )
3) Provides that a building is untenantable if it lacks any one of
specified "affirmative standard characteristics." (Section
1941.1.)
4) Provides that a breach of the warranty of habitability may be
asserted as an affirmative defense in a landlord's action for
SB 548
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unlawful detainer for nonpayment of rent. ( Green v. Superior
Court (1974) 10 Cal.3d 616.)
5) Allows the tenant to repair a defective condition affecting
habitability and to deduct the costs of the repair from the
monthly rent if the landlord fails to effect repairs within a
reasonable time after being given notice. This "repair and
deduct" remedy may be exercised once every
12 months. (Section 1942.)
FISCAL EFFECT : Unknown
COMMENTS : The Western Center on Law and Poverty, sponsor of this
bill, asserts that this bill is necessary to clarify a landlord's
duty to provide his or her tenants with basic minimum security
provided by functioning window locks and deadbolts. Western
Center writes: "\T\enants, particularly single mothers alone with
their children in high crime areas, are especially vulnerable to
being preyed upon when landlords refuse to provide even the most
basic protections."
Proponents offer several examples where a landlord's refusal to
equip rental property in high crime areas with security locks led
to crimes being committed against the tenant, despite numerous
requests by the tenants. Proponents argue that by failing to
provide adequate security, these landlords create a climate which
invites criminal activity and contribute to the growing crime
problem.
This bill would make the tenant responsible for notifying the
owner or owner's agent when the tenant becomes aware of an
inoperable lock. The owner would be required to correct any
reported defect within a reasonable time and would not be in
violation of the proposed provisions until he or she has received
notice of the defective condition.
This bill would specify remedies for a landlord's breach of the
proposed duties, including use of the repair and deduct remedy;
injunctive relief; a civil action for wrongfully collecting rent
for an untenantable dwelling; and an affirmative defense in an
unlawful detainer action for non-payment of rent where the
landlord fails to repair a broken lock after being notified and
being given a reasonable opportunity to make repairs.
The California Apartment Association's position is neutral after
the latest amendments eliminated the earlier requirements for
functioning outdoor lighting. With these lighting provisions
removed, the bill no longer has any known opposition.
REGISTERED SUPPORT / OPPOSITION :
Support Opposition
Western Center on Law and None on file (after amendments).
Poverty (source)
California Federation AFL-CIO
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CA Rural Legal Assistance Foundation
Episcopal Diocese of Los Angeles
Habitat for Humanity SC, AARP
SC Housing Adv. Com.
California Legislative Council
for Older Americans
Senior Action Network
Midpeninsula Citizens for Fair Housing
California Tenants Association
Coalition for Economic Survival,
West Hollywood
East Palo Alto Council of Tenants
Fremont Tenants Association
San Francisco Housing Rights Committee
Los Angeles Housing Law Project
National Lawyers Guild
Oakland Eviction Defense Center
Santa Monicans for Renter's Rights
San Francisco Tenants Union
San Franciscans for Tax Justice
Tenderloin Housing Clinic
Sentinel Fair Housing
Fair Housing of Marin
Berkeley Rent Board
Legal Center of the Elderly and Disabled
Santa Monica Democratic Club
City of East Palo Alto Rent Stabilization
Program
Bernal Dwellings Tenants Association
Bet Tzedek Legal Services
La Raza Central Legal, Inc.
Palo Alto Housing Corp and Mid-Pen Housing
Coalition
Sentinel Fair Housing
Coalition for Economic Survival
Barbara Sanders and Associates
Wu Yee Children's Services
Rural California Housing Corp.
Georgia Training Center
Bernal Heights Housing Corp.
Alliance for the Mentally Ill,
Lake Co., CA
Sonoma Co. Mobilehome Owners Assoc.
Northgate Terrace Retirement Center
Midpeninsula Citizens for Fair Housing
Credo Housing, Inc.
West Contra Costa Conservation League
Community Housing Opportunities Corp.
Centro La Familia Advocacy
Coalition for Low Income Housing
Los Angeles Center for Law and Justice
Redwood Legal Assistance
EPA Can Do
Youth Build USA
Berkeley Gray Panthers
Burbank Housing Development Corp.
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Mental Health Association of San Francisco
Religious Witness with Homeless People
Berkeley Community Law Center
San Francisco Council on Homelessness
Public Law Center
Coalition on Homelessness, San Francisco
City of Concord
East Bay Asian Local Development Corp.
Diseno Architects
People of Progress
Ruth K. Vierek, Real Estate Broker
Southern California Associates of
Non-Profit Housing
People of Progress
New Faze Development
Shimotsu Architecture
Tim Stroshane, Housing Planner
Fraternity House, Inc.
Marin Family Action
MAAK Project
Stillwater Learning Program
Esperanza Community Housing Corp.
Angeles Center
San Diego Friends of Legal Aid
Civic Center Barrio Housing Corp.
Sisters of St. Joseph of Carondelet
Council of Aging, City of Los Angeles,
Northcoast Advocacy Services
Capitol of CA Council of UAW Retirees
City of Concord, Housing Manager
Community Housing of North County
(Escondido)
Yolo Housing Alliance
Independent Living Resource
Santa Ana Public Law Center
Cabrillo Economic Development Corp.
Saint Joseph Health System
The Access Center of San Diego, Inc.
Redwood Legal Assistance
Marathon Cooperative
Affordable Housing Los Gatos Unitarian
Northeast Community Federal Credit Union
Council of Churches of Santa Clara County
Saint Mary's Center
Housing Authority of the County of
San Joaquin
The Johnson Group Engineering Consultants
AFSCME Chapter #144
Battered Women's Alternatives
Sacramento Housing Alliance
California Mobilehome Resources & Action Assn.
Saint Anthony Foundation
Sober Housing Network
National Center for Youth Law
FUERZA Federation, Inc.
San Francisco Tenants Network
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Building Opportunities for Self Sufficiency
Leadership Conference of Women Religious,
Region 14; Marina
Tenants Association
Long Beach Area Citizens Involved
Tenderloin Neighborhood Development Corp.
Sisters of the Holy Names, California
Consumers in Action for Assistance
El Cerrito Democratic Club
Mission Housing Development Corporation
Mercy Charities Housing CA
Westside Fair Housing Council
Analysis prepared by : Al Hernandez / ajud / (916) 445-4560