California Lawmakers Approve Bills Including Eviction Protections, Mental Health Care Reform
SACRAMENTO - California lawmakers voted Thursday to strengthen eviction protections for renters, closing a loophole in existing law that allows landlords to bypass the state's maximum rent.
The eviction reform bill is one of hundreds passed before the end of the legislative session. This includes, among other things, providing unemployment benefits to striking workers and reforming the government's mental health system.
Democratic Gov. Gavin Newsom has until Oct. 14 to allow the bills to become law by signing them, vetoing them, or without his signature.
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A rent bill introduced by Democratic Sen. Maria Elena Durazzo would update a landmark 2019 law that established eviction rules and set inflation rates at 5% and cap rents, with a maximum of 10%.
Supporters of the bill said the governor is the architect of the 2019 Tenant Protection Act, but has not indicated whether he will sign the new eviction law.
Under the 2019 law, landlords can evict tenants on "no-fault" or "no-fault" grounds. "Reason for failure" includes failure to pay rent on time. Under the "no-fault" rule, landlords can terminate leases only by requiring them to relocate, make repairs, or remove the units from the rental market.
Some landlords are using "no-fault" evictions to get around state rent caps, tenant advocates say. They cite a case in Santa Clara County where a landlord evicted tenants, told them to move in with relatives, but then relisted the apartments for nearly double the price.
Under Durazo's new bill, landlords who move out or rent their unit to a family must identify who is moving out, occupy the rental unit within three months of the eviction and must live in the unit for at least a year. Those evicting tenants to renovate the property must include a copy of the permit or agreement when filing the eviction notice.
Landlords who fail to comply must allow evicted tenants to reinstate the original lease terms.
The bill would allow attorneys general, local governments and landlords to sue tenants for wrongful evictions and illegal rent increases.
Supporters said the changes would ensure property owners can't abuse state laws.
"What the bill would actually do is restore the promise of the Tenant Protection Act by closing these loopholes and adding some important enforcement measures to hold tenants and local governments accountable to bad actors," said Rep. Susie Dershowitz of the Public Defenders.
The bill faced a backlash earlier this year from powerful landlord groups who said the changes went too far and successfully pushed lawmakers to repeal a provision that lowered the state rent cap to 5%.
Here's a look at some of the measures lawmakers voted on during Thursday's session:
Senators have agreed to present two proposals to voters next March that would help transform the state's mental health system and address the state's growing homelessness crisis.
Rep. A measure by Jackie Irwin would allow the state to borrow $6.38 billion to build new treatment beds and shelters. A proposal by Democratic Sen. Susan Eggman would reform how counties fund mental and behavioral health programs.
Newsom called the measures "an important part of solving the homeless crisis" in a statement Thursday.
"It is now up to voters to approve the most significant changes to California's mental health system in more than 50 years," he said.
Irwin said his bill would provide the "largest expansion" of the state's mental health system. The funds will help build 10,000 treatment beds and homes, some of which will serve veterans with mental illness or harmful drug and alcohol use, and provide up to $1.5 billion in grants to local governments and Indian tribes.
Republican Sen. Brian Jones criticized Irwin's proposal, saying it is not fiscally sustainable to take on more debt when the state faces a budget deficit.
The Eggman bill, passed unanimously by the Senate, would limit how local governments can enforce a special tax on millionaires that has been used to fund mental health programs.
Under the proposal, two-thirds of the tax revenue would go toward housing and services for chronic homelessness and people with serious mental health problems and harmful drug and alcohol use.
Lawmakers voted to make striking workers eligible for state unemployment benefits.
If Newsom signs it, the bill would benefit Southern California hotel workers as well as Hollywood actors and writers who have been on strike for months.
But it is unclear whether Newsom will sign it. The fund that California uses to pay unemployment benefits is bankrupt. Business groups say the situation will worsen as more people become eligible for benefits.
State Sen. Anthony Portantino said the bill would have minimal impact on funding. Workers will not get benefits unless they strike for at least two weeks. Most strikes rarely last long, he said.
"Let's remember that it's not romantic for anyone to go on strike. It's hard for them," Portantino said.
Lawmakers passed a law to reform the state's guardianship system, which could hold more people against their will because of mental illness.
Eggman's draft legislation would make it easier for authorities to care for people with untreated mental illness or alcohol and drug addictions, many of whom are homeless. Under current state law, local governments are tied if someone refuses to help.
The bill needs a final vote in the Senate before reaching Newsom's desk. Newsom will decide whether to sign the bill or veto it. He told The Associated Press this summer that he supported Eggman's efforts but was not committed to signing the bill.
The changes will take effect in 2026, when the bill becomes law
The bill would expand the definition of severe disability to include people who are unable to meet their basic needs, such as food and shelter, due to untreated mental illness or unhealthy drug and alcohol use.
Opponents of the bill, including advocates for the rights of people with disabilities, fear the new bill will incarcerate more people and deprive them of basic rights.
The legislation is part of the state's ongoing efforts to reform the mental health system. Last year, Newsom signed a law creating a new judicial process through which family members and others can ask a judge to create a treatment plan for certain diagnoses, including schizophrenia.
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