A BILL THAT could save California tenants millions of dollars is working its way through the state legislature – and so far San Francisco assemblymember Kevin Shelley, who could be the swing vote, is missing in action.

The bill, by Shelley's San Francisco colleague Carole Migden would ban nonrefundable "tenant initiation fees" – things such as mandatory cleaning fees, move-in fees, and excessive fees for background checks that go beyond basic (and relatively cheap) credit reports. It would require landlords to pay interest on security deposits and would limit the ability of a landlord to withhold a security deposit for minor damage that amounts to ordinary wear and tear.

The real estate industry hates this bill and is going all out to defeat it. And Shelley – who narrowly won a primary campaign for the office of secretary of state thanks to a massive campaign war chest, and who is actively raising money for this fall's general election – appears loath to offend the landlords. When the bill came before the assembly judiciary committee, Shelley was conspicuously absent; some critics say he ducked the vote. The bill passed anyway, 7-4, but Migden's office says final passage will be very, very close. In fact, one vote – Shelley's, for example – could make the difference.