Unlawful detainer: nuisance: controlled substances.

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. Any of those acts may be deemed to constitute committing a nuisance on the premises. Existing law authorizes, for real property situated in the City of Los Angeles only, 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. This bill would, until January 1, 2019, extend the unlawful detainer provisions above regarding illegally selling controlled substances, applicable only to real property situated in the City of Los Angeles, to also include real property situated in the County of Sacramento and the City of Oakland. The bill would require a court hearing an unlawful detainer action pursuant to these provisions to enter a specified order depending on whether grounds for an eviction or a partial eviction have been established. The court would have discretion to dismiss the action or stay the execution of an order of eviction for a reasonable time if the tenant can show, by clear and convincing evidence, that immediate eviction would pose extreme hardship that outweighs the benefit to the community. The bill would also, until January 1, 2019, require the County of Sacramento and the City of Oakland to comply with specified reporting requirements to the California Research Bureau, on or before January 20 annually, regarding prosecutions and evictions carried out under these provisions. The bill would require these jurisdictions to make a good faith effort to comply with the reporting requirements in order to bring unlawful detainer actions pursuant to these provisions. By establishing new reporting requirements for local officials, this bill would impose a state-mandated local program. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Sacramento and the City of Oakland. 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 these statutory provisions. This bill would declare that it is to take effect immediately as an urgency statute.