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This column will affect a good
percentage of readers, whether you are a landlord,
tenant, homeowner or even a sex offender. On July 1,
1999 a new California civil code becomes effective
(Code 2079.10a). This will require a notice to be
included in every lease or rental agreement for
residential real property and a notice in every
contract of sale of real property. The wording of the
notice is as follows:
The California Department of
Justice, sheriff’s departments, police departments
serving jurisdictions of 200,000 or more and many
other local law enforcement authorities maintain for
public access a data base of the locations of persons
required to register pursuant to paragraph (1) of
subdivision (a) of Section 290.4 of the Penal Code.
The data base is updated on a quarterly basis and a
source of information about the presence of these
individuals in any neighborhood. The Department of
Justice also maintains a Sex Offender Identification
Line through which inquiries about individuals may be
made. This is a "900" telephone service.
Callers must have specific information about
individuals they are checking. Information regarding
neighborhoods is not available through the
"900" telephone service.
The actual code goes on for several
paragraphs, including provisions that the notice be in
"not less than 8 point type." It further
states that "the information in the notice shall
be deemed to be adequate to inform the Lessee or
transferee about the existence of a state wide data
base of the locations of registered sex offenders and
information from the data base regarding these
locations."
Now that I have alarmed you readers
who presently own income property or own property that
will be sold in the future, please realize this is
ONLY an information disclosure. |
When I first became aware of this
proposed new Civil Code (almost a year ago) I,
frankly, thought it was just another unnecessary
addition to our already voluminous rental agreements
or sale contracts. Once I got over my pique, however,
I realized that this will have a tendency to shield
sellers and landlords from potential lawsuits that
might have been filed by a prospective tenant or
purchaser if they later discover that a child molester
or some other sex offender lives across the street or
around the corner. This statement ASSUMES that the
seller or landlord had no KNOWLEDGE of that offender.
If so, that is something that would have to be
SPECIFICALLY disclosed to either a prospective tenant
or purchaser.
There has been much confusion since
this Civil Code was passed by the legislature as to
the "number of units" involved with respect
to rental properties. It was my early belief that this
applied to ONLY 1-4 unit properties, but that is not
the case. Let me be as clear as I can: If you own or
manage a 100 unit apartment building, this notice must
be in every lease or rental agreement executed after
July 1, 1999. Believe me, I went to the mat on this
one as I initially believed otherwise.
If you are an existing tenant or if
you have just purchased real estate or even own a
house and are NOT planning to sell it in the near
future, you might want to take advantage of this
service anyway. Who knows what information you may
find in the data base relating to that kindly
"grandfatherly type" across the street. On
the other hand, MAYBE ignorance is bliss.
If any of my column readers would
like an actual copy of 2079.10a, please send a
self-addressed, STAMPED envelope to the address below
with a note marked V.I.P. 2079.10a.
Peter Rosenthal
VIP Trust Deed Company |