Document Type

Cal State Document

Publication Date

4-15-2009

Abstract

Under the general framework of the Uniform Controlled Substances Act (Health & Saf. Code, §§ 11570–11587), one of the key provisions of the pilot program is the additional authority granted to city attorneys and city prosecutors to file unlawful detainer (UD) actions against any tenants who are engaged in illegal drug activities. By establishing this program, the Legislature hoped that city attorneys would be able to deal with drug nuisance problems in the community more effectively if property owners, out of safety concerns or other considerations, are unwilling to file unlawful detainer actions to evict offending tenants.

In 2004, AB 2523 added additional protections for tenants and expanded the reach of the pilot program, including extending the pilot program for five more years until January 1, 2010; adding the cities of Oakland and San Diego to the pilot program; and requiring the cities participating in the pilot program to track and report cases in which either the unlawful detainer action was withdrawn or the tenant prevailed, as well as cases in which the eviction notice was erroneously sent to the tenant.

In 2007, AB 1013 expanded the authority of city attorneys and city prosecutors to file unlawful detainer actions against any tenant who commits an offense involving the unlawful possession or use of illegal weapons or ammunition, or who uses the premises to advance that purpose (see Civ. Code, § 3485). It further added the city of Sacramento to the new pilot program and augmented reporting requirements to include the number of cases for unlawful detainer filed for a weapons or ammunition nuisance.

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