AB 2930: Unlawful detainer: nuisance: unlawful weapons and ammunition.

Existing law defines a nuisance and includes within this definition anything that is injurious to health, including nuisance caused by illegal conduct involving unlawful weapons or ammunition. Existing law establishes the criteria for determining when a tenant is guilty of unlawful detainer, including conduct involving illegally selling a controlled substance, or the commission of an offense involving the unlawful possession or use of illegal weapons or ammunition or the use of the premises to further that purpose.

Existing law, until January 1, 2019, for real property situated in the City of Los Angeles, the City of Long Beach, the City of Oakland, and the City of Sacramento, authorizes a city prosecutor or city attorney to file, in the name of the people, an action for unlawful detainer to abate the nuisance caused by illegal conduct involving unlawful weapons or ammunition on real property, as specified.

This bill would prohibit a jurisdiction from bringing on unlawful detainer action under these provisions unless that entity made a good faith effort to collect and report certain information to the California Research Bureau.

Existing law, until January 1, 2019, for real property situated in the City of Oakland and the City of Sacramento, authorizes a city prosecutor or city attorney to file an action for unlawful detainer in the name of the people against any person who is in violation of the nuisance or the illegal purpose provisions of the unlawful detainer provision described above, with respect to controlled substances.

Existing law also requires the city attorney and city prosecutor of the participating jurisdictions, by a specified date, to submit information to the California Research Bureau, and the bureau in turn, to submit a report to the Senate and Assembly Committees on Judiciary, as specified, summarizing the information collected and evaluating the merits of the programs established, by March 20, 2016, and March 20, 2018.

This bill would extend the sunset dates for these provisions until January 1, 2024, would additionally apply the unlawful detainer provisions with respect to controlled substances to real property in the City of Long Beach, and would extend the reporting deadlines for the California Research Bureau to submit its report to the legislative committees to March 20, 2021, and March 20, 2023.

The bill would also eliminate some elements that the local authorities are required to report to the California Research Bureau. The bill would, for unlawful detainer auctions for properties situated in Long Beach, Oakland, and Sacramento for nuisances related to controlled substances, provide that a defendant could raise as an affirmative defense that the jurisdiction did not make a good faith effort to collect and report the required information.

Because this bill would extend existing reporting requirements for local authorities, it would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

This bill would make legislative findings and declarations as to the necessity of a special statute for the cities of Long Beach, Los Angeles, Oakland, and Sacramento.