Bill Text: CA AB1431 | 2023-2024 | Regular Session | Amended

California Assembly Bill 1431

Bill Title: Housing: the California Housing Security Act.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2024-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1431 Detail]

Download: California-2023-AB1431-Amended.html

Amended IN Assembly March 23, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 1431

Introduced by Assembly Member Zbur

February 17, 2023

An act to ~~amend Section 1940 of the Civil Code,~~ add Chapter 2.7 (commencing with Section 50489) to Part 2 of Division 31 of the Health and Safety Code, relating to real property.

LEGISLATIVE COUNSEL'S DIGEST

AB 1431, as amended, Zbur. ~~Hiring of real property.~~ Housing: the California Housing Security Act.

Existing law establishes various programs, including, among others, the Emergency Housing and Assistance Program and the homeless youth emergency service pilot projects to provide assistance to homeless persons.
This bill would, upon appropriation of the Legislature, establish the California Housing Security Program to provide a housing subsidy to eligible persons, as specified, to reduce housing insecurity and help Californians meet their basic housing needs. To create the program, the bill would require the Department of Housing and Community Development to establish a 2-year pilot program in up to 4 counties, as specified. The bill would require the department to issue guidelines to establish the program that include, among other things, the amount of the subsidy that shall be the amount necessary to cover the portion of a person’s rent to prevent homelessness, but shall not exceed $2,000 per month. Under the bill, the subsidy would not be considered income for purposes of determining eligibility or benefits for any other public assistance program, nor would participation in other benefits exclude a person from eligibility for the subsidy. Under the bill, an undocumented person, as specified, who otherwise qualifies for the subsidy would be eligible for the subsidy. The bill would require the department to submit a report on the program to the Legislature, as described.
Existing law regulates terms and conditions for the hiring of real property that applies to all persons who hire dwelling units located within this state, including tenants, lessees, boarders, lodgers, and others, however denominated. For these purposes, existing law excludes from the term “persons who hire” a person who maintains transient occupancy in a hotel, motel, residence club, or other facility that is or would be subject to a specified occupancy tax, as prescribed.
~~This bill would make nonsubstantive changes to that provision.~~

Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Chapter 2.7 (commencing with Section 50489) is added to Part 2 of Division 31 of the Health and Safety Code, to read:

CHAPTER 2.7. California Housing Security Act
50489.
This chapter shall be known, and may be cited, as the California Housing Security Act.
50489.1.
For purposes of this chapter, the following terms have the following meanings:
(a) “Adult with a disability” means an individual or head of household who is 18 years of age or older and is experiencing a condition that limits a major life activity, including, but not limited to, one of the following:
(1) A “developmental disability,” as defined in subdivision (a) of Section 4512 of the Welfare and Institutions Code.
(2) A “medical condition,” as defined in subdivision (i) of Section 12926 of the Government Code.
(3) A “mental disability,” as defined in subdivision (j) of Section 12926 of the Government Code, except it shall also include a substance use condition.
(4) A “physical disability,” as defined in subdivision (m) of Section 12926 of the Government Code.
(5) A chronic illness, including, but not limited to, HIV.
(6) A traumatic brain injury.
(b) “Department” means the Department of Housing and Community Development.
(c) “Eligible population” means a low-income person that meets at least one of the following criteria:
(1) A former foster youth who qualifies for the Independent Living Program, established pursuant to the federal Consolidated Omnibus Budget Reconciliation Act of 1985 (Public Law 99-272).
(2) An older adult.
(3) An adult with disabilities.
(4) A person experiencing unemployment.
(5) An incarcerated person with a scheduled release date within 60 to 180 days and who is likely to experience homelessness upon release.
(6) A person experiencing homelessness.
(d) “Low-income person” means all of the following:
(1) A person whose income does not exceed the applicable income standard for Medi-Cal eligibility under Section 14005.60 of the Welfare and Institutions Code.
(2) A person who meets the asset requirements imposed under the Medi-Cal program for receipt of the service.
(e) “Older adult” means a person 62 years of age or older.
(f) “Program” means the California Housing Security Program established pursuant to this chapter.
50489.2.
(a) Upon appropriation by the Legislature pursuant to Section 50489.5, the department shall establish the California Housing Security Program to provide a housing subsidy to persons who meet the definition of eligible population to reduce housing insecurity and help Californians meet their basic housing needs.
(b) By January 1, 2027, the department shall do all of the following to create the program:
(1) (A) Establish a two-year pilot program in up to four counties that agree to participate in the program.
(B) The department shall select at least one county from the northern, southern, and central regions of the state to participate in the pilot program and shall take into account representation of urban, rural, and suburban areas.
(2) Issue final guidelines establishing the program. The guidelines shall include all of the following:
(A) Criteria for program eligibility.
(B) Duration of the subsidy.
(C) (i) Amount of the subsidy.
(ii) The amount of the subsidy shall be the amount necessary to cover the portion of a person’s rent to prevent homelessness, but the subsidy shall not exceed two thousand dollars ($2,000) per month during the period of the pilot program, or for two years, whichever is longer.
50489.3.
(a) Notwithstanding any other law, and to the extent allowable under federal law, assistance, services, or supports received pursuant to this chapter are not income of the participant for purposes of determining eligibility for, or benefits pursuant to, any public assistance program. Participation in other benefits or housing or housing-based services programs shall not disqualify an individual or household from being a participant for a subsidy pursuant to this chapter.
(b) The Legislature finds and declares, within the meaning of subsection (d) of Section 1621 of Title 8 of the United States Code, that an undocumented person who meets the definition of eligible population, as defined in subdivision (c) of Section 50489.1, shall be eligible to receive a subsidy under this chapter.
50489.4.
(a) The department shall, no later than January 1, 2030, submit a report on the program established pursuant to Section 50489.2, to include, but not be limited to, all of the following:
(1) The outcome of the program.
(2) Recommendations for subsequent actions, if any, including establishing a permanent program.
(b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
50489.5.
This chapter shall become operative only upon appropriation by the Legislature of sufficient funds for the purposes of the program.

SECTION 1.Section 1940 of the Civil Code is amended to read:
1940.
(a)Except as provided in subdivision (b), this chapter shall apply to all persons who hire dwelling units located within this state including tenants, lessees, boarders, lodgers, and others, however denominated.
~~(b)The term “persons who hire” shall not include a person who maintains either of the following:~~
(1)Transient occupancy in a hotel, motel, residence club, or other facility when the transient occupancy is or would be subject to tax under Section 7280 of the Revenue and Taxation Code. The term “persons who hire” shall not include a person to whom this paragraph pertains if the person has not made valid payment for all room and other related charges owing as of the last day on which their occupancy is or would be subject to tax under Section 7280 of the Revenue and Taxation Code.
(2)Occupancy at a hotel or motel where the innkeeper retains a right of access to and control of the dwelling unit and the hotel or motel provides or offers all of the following services to all of the residents:
~~(A)Facilities for the safeguarding of personal property pursuant to Section 1860.~~
~~(B)Central telephone service subject to tariffs covering the same filed with the California Public Utilities Commission.~~
~~(C)Maid, mail, and room services.~~
~~(D)Occupancy for periods of less than seven days.~~
(E)Food service provided by a food establishment, as defined in Section 113780 of the Health and Safety Code, located on or adjacent to the premises of the hotel or motel and owned or operated by the innkeeper or owned or operated by a person or entity pursuant to a lease or similar relationship with the innkeeper or person or entity affiliated with the innkeeper.
(c)“Dwelling unit” means a structure or the part of a structure that is used as a home, residence, or sleeping place by one person who maintains a household or by two or more persons who maintain a common household.
~~(d)Nothing in this section shall be construed to limit the application of any provision of this chapter to tenancy in a dwelling unit unless the provision is so limited by its specific terms.~~