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Bill Would Allow City to Continue Initiating Nuisance Evictions

eviction
The State Assembly is considering a bill to allow cities to continue initiating nuisance evictions. (Thinkstock)

A bill introduced in Sacramento by Assemblyman Sebastian Ridley-Thomas that would allow the City of Los Angeles to continue initiating nuisance evictions through 2019 earned enough votes to pass in the lower house last month. The State Senate is currently considering the bill.

Ridley-Thomas, who represents Century City and surrounding communities in the State Assembly, introduced Assembly Bill 2310 (AB 2310) earlier this year to reinstate an eviction pilot program that “inadvertently” ended on Dec. 31, 2013.

Created in 2007, the pilot program allowed a city attorney or prosecutor to initiate eviction proceedings against tenants who possess illegal weapons in their respective rental residences.

AB 2310 aims to continue the eviction pilot program through Jan. 1, 2019, in order to “abate the nuisance caused by illegal conduct involving an unlawful weapons or ammunition on real property.”

“Under the pilot programs, a city attorney or city prosecutor may file an unlawful detainer action against any person for creating a nuisance on the property by using or allowing the premises to be used for the illegal possession or sale of specified weapons or ammunition,” the State’s legislative analysis of the bill stated. “The city’s action would be predicated on its belief that a specified weapons-related offense has occurred on the subject real property based upon an arrest report or other law enforcement report.”

The bill came up for a vote on the Assembly floor on April 24 and was supported by 70 members of the lower house; one Assemblyman, Republican gubernatorial candidate Tim Donnelly, voted against AB 2310. There were eight Assembly members who did not register a vote on the bill.

A legislative analysis of AB 2310 stated the authority granted city attorneys and prosecutors under the eviction pilot program was “an important tool that can be used to reduce gun violence and protect public safety.”

“At times, the property owner is afraid to evict the tenant because of threats, gang affiliation or other intimidating conduct. [This program] authorized city attorneys to bring an unlawful detainer in such a circumstance,” Ridley-Thomas was quoted as saying in the legislative analysis. “Allowing the city attorney to bring the action shields fearful or vulnerable owners from retaliatory threats or violent reprisals by armed tenants. Eviction of the tenant committing a weapon or ammunition related violation also increases public safety and the sense of community among law-abiding tenants.”

Current law states: “a tenant who permits a nuisance to be maintained on leased property is guilty of unlawful detainer and may be evicted.”

On May 16, the Los Angeles City Council voted to support AB 2310; council president Herb Wesson introduced the resolution.

According to the City’s Chief Legislative Analyst, Los Angeles city attorney Mike Feuer made use of the pilot program 19 times since 2011.

The State’s legislative analysis stated the cities of Long Beach, Los Angeles, and Sacramento are authorized to participate in the pilot program.

Ridley-Thomas represents the 54th Assembly District, which includes Century City, Culver City, Mar Vista, the UCLA campus, West Los Angeles, and Westwood, among areas. He was elected to the State Assembly earlier this year to fill the vacancy left by Holly Mitchell.

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