DATE: August 2, 2005
TO: Board of Supervisors
SUBJECT: Support for Assembly Bill 438 (Parra)

SUMMARY:
Rental housing providers in California currently face a difficult dilemma when it comes to better protecting their tenants. If an apartment owner or manager learns that there is a registered sex offender living in a rental complex, he or she cannot deny the sex offender housing, nor can they alert other residents to the presence of a sex offender. This conundrum puts families at risk while giving protective status to dangerous individuals.

Today’s action will express the Board’s support for Assembly Bill 438 (Parra), which would allow rental housing providers to protect residents from registered sex offenders by using the California Megan’s Law database. AB 438 authorizes rental housing providers to use the Megan’s Law Database to decline rental to a registered sex offender, regain possession of rental units from registered sex offenders, and warn other tenants about the presence of a registered sex offender.

Recommendations
SUPERVISOR DIANNE JACOB AND SUPERVISOR RON ROBERTS:

1. Adopt a position of support for Assembly Bill 438 and direct the Chief Administrative Officer to add support for this bill to the County’s legislative program.

2. Direct the Chief Administrative Officer to draft a letter for the Chairwoman’s
signature to the region’s State legislative delegation, expressing our Board’s support for Assembly Bill 438.

Fiscal Impact
There is no fiscal impact associated with this request.

BACKGROUND
Rental housing providers in California currently face a difficult dilemma when it comes to better protecting their tenants. If an apartment owner or manager learns that there is a registered sex offender living in a rental complex, he or she cannot deny the sex offender housing, nor can they alert other residents to the presence of a sex offender. This conundrum puts families at risk while giving protective status to dangerous predators.

Assembly Bill 438 (Parra), which is sponsored by the California Apartment Association, would allow rental housing providers to take action to protect their tenants from registered sex offenders. AB 438 authorizes rental housing providers to use the Megan’s Law Database to decline rental to a registered sex offender, regain possession of rental units from registered sex offenders, and warn other tenants about the presence of a registered sex offender. The California State Sheriffs’ Association and the Peace Officers Research Association of California support this bill.

Today’s action will express the Board’s support for Assembly Bill 438 (Parra), which would allow rental housing providers to protect residents from registered sex offenders by using the California Megan’s Law database. We urge your support.


Respectfully submitted,



DIANNE JACOB
Supervisor, Second District

RON ROBERTS
Supervisor, Fourth District