Bill Text: CA AB2753 | 2013-2014 | Regular Session | Chaptered
Bill Title: Housing.
Spectrum: Moderate Partisan Bill (Democrat 7-1)
Status: (Passed) 2014-08-25 - Chaptered by Secretary of State - Chapter 298, Statutes of 2014. [AB2753 Detail]
Download: California-2013-AB2753-Chaptered.html
BILL NUMBER: AB 2753 CHAPTERED
BILL TEXT
CHAPTER 298
FILED WITH SECRETARY OF STATE AUGUST 25, 2014
APPROVED BY GOVERNOR AUGUST 25, 2014
PASSED THE SENATE AUGUST 7, 2014
PASSED THE ASSEMBLY AUGUST 11, 2014
AMENDED IN SENATE JUNE 17, 2014
AMENDED IN ASSEMBLY APRIL 22, 2014
INTRODUCED BY Committee on Housing and Community Development
(Assembly Members Chau (Chair), Beth Gaines (Vice Chair), Atkins,
Brown, Maienschein, Quirk-Silva, and Yamada)
(Coauthor: Assembly Member Ammiano)
MARCH 20, 2014
An act to amend Section 798.37.5 of the Civil Code, to amend
Sections 54237.5 and 65588 of the Government Code, and to amend
Sections 17926 and 51505 of the Health and Safety Code, relating to
housing.
LEGISLATIVE COUNSEL'S DIGEST
AB 2753, Committee on Housing and Community Development. Housing.
(1) The Mobilehome Residency Law generally governs the terms and
conditions of residency in mobilehome parks.
This bill would make a technical, nonsubstantive change to update
a cross-reference in a provision of that law.
(2) Existing law sets forth the procedure for the state to dispose
of surplus residential property.
This bill would make a technical, nonsubstantive change to
properly reference federal law.
(3) The Planning and Zoning Law requires each local government to
review its housing element as frequently as appropriate to evaluate
specified considerations.
This bill would make a technical, nonsubstantive change to correct
a cross-reference in a provision of that law.
(4) The State Housing Law requires existing hotel and motel
dwelling units, as specified, to have carbon monoxide devices
installed on or before January 1, 2016. Existing law requires the
Department of Housing and Community Development, on or before July 1,
2014, to submit for adoption and approval building standards for the
installation of carbon monoxide detectors in hotel and motel
dwelling units, as specified.
This bill would extend to January 1, 2017, the deadline for the
owners of existing hotel and motel dwelling units to install carbon
monoxide devices. This bill would extend to July 1, 2015, the
deadline for the Department of Housing and Community Development to
submit building standards for the installation of carbon monoxide
detectors in hotel and motel dwelling units.
(5) The California Homebuyer's Downpayment Assistance Program
assists first-time low- and moderate-income homebuyers utilizing
existing mortgage financing and requires certain funds to be used for
the Extra Credit Teacher Home Purchase Program or other school
personnel home ownership assistance programs, as specified.
This bill would modify an obsolete cross-reference and would
provide for specified conditions when the downpayment assistance is
not due and payable upon sale of a home.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 798.37.5 of the Civil Code is amended to read:
798.37.5. (a) With respect to trees on rental spaces in a
mobilehome park, park management shall be solely responsible for the
trimming, pruning, or removal of any tree, and the costs thereof,
upon written notice by a homeowner or a determination by park
management that the tree poses a specific hazard or health and safety
violation. In the case of a dispute over that assertion, the park
management or a homeowner may request an inspection by the Department
of Housing and Community Development or a local agency responsible
for the enforcement of the Mobilehome Parks Act (Part 2.1 (commencing
with Section 18200) of Division 13 of the Health and Safety Code) in
order to determine whether a violation of that act exists.
(b) With respect to trees in the common areas of a mobilehome
park, park management shall be solely responsible for the trimming,
pruning, or removal of any tree, and the costs thereof.
(c) Park management shall be solely responsible for the
maintenance, repair, replacement, paving, sealing, and the expenses
related to the maintenance of all driveways installed by park
management including, but not limited to, repair of root damage to
driveways and foundation systems and removal. Homeowners shall be
responsible for the maintenance, repair, replacement, paving,
sealing, and the expenses related to the maintenance of a homeowner
installed driveway. A homeowner may be charged for the cost of any
damage to the driveway caused by an act of the homeowner or a breach
of the homeowner's responsibilities under the rules and regulations
so long as those rules and regulations are not inconsistent with the
provisions of this section.
(d) No homeowner may plant a tree within the mobilehome park
without first obtaining written permission from the management.
(e) This section shall not apply to alter the terms of any rental
agreement in effect prior to January 1, 2001, between the park
management and the homeowner regarding the responsibility for the
maintenance of trees and driveways within the mobilehome park, except
that upon any renewal or extension, the rental agreement shall be
subject to this section. This section is not intended to abrogate the
content of any existing rental agreement or other written agreements
regarding trees or driveways that are in effect prior to January 1,
2001.
(f) This section shall only apply to rental agreements entered
into, renewed, or extended on or after January 1, 2001.
(g) Any mobilehome park rule or regulation shall be in compliance
with this section.
SEC. 2. Section 54237.5 of the Government Code is amended to read:
54237.5. Notwithstanding the requirement to provide repairs in
subdivision (b) of Section 54237, the selling agency may, at its
option, provide the present occupants with a replacement dwelling if
all of the following conditions exist:
(a) Providing a replacement dwelling is less expensive than
providing the repairs required by subdivision (b) of Section 54237.
(b) The replacement dwelling is determined to have all of the
following characteristics:
(1) Is decent, safe, and sanitary.
(2) Is suitable to the occupancy needs of the household as
provided under regulations of the United States Department of Housing
and Urban Development issued pursuant to Section 8 of the United
States Housing Act of 1937.
(3) Is open to all persons regardless of race, color, religion,
sex, or national origin and consistent with requirements of Title
VIII of the Civil Rights Act of 1968.
(4) Is in an area not generally less desirable than the dwelling
to be acquired in regard to public utilities and public and
commercial facilities.
(5) Is reasonably accessible to the displaced person's place of
employment.
(6) Is in an equal or better neighborhood.
(7) Is affordable, as defined in subdivision (b) of Section 54236,
to the displaced person.
(c) The offer is made at an affordable price that is not less than
the price paid by the agency for original acquisition of the unit
now occupied by the displaced person or the replacement unit,
whichever is less, and is not more than market value.
(d) The replacement dwelling is a newly constructed or a vacant
residential unit. No resident shall be displaced, as defined by
Section 7260, for the purpose of creating a replacement unit.
SEC. 3. Section 65588 of the Government Code is amended to read:
65588. (a) Each local government shall review its housing element
as frequently as appropriate to evaluate all of the following:
(1) The appropriateness of the housing goals, objectives, and
policies in contributing to the attainment of the state housing goal.
(2) The effectiveness of the housing element in attainment of the
community's housing goals and objectives.
(3) The progress of the city, county, or city and county in
implementation of the housing element.
(b) The housing element shall be revised as appropriate, but no
less often than required by subdivision (e), to reflect the results
of this periodic review. Nothing in this section shall be construed
to excuse the obligations of the local government to adopt a revised
housing element in accordance with the schedule specified in this
section.
(c) The review and revision of housing elements required by this
section shall take into account any low- or moderate-income housing
provided or required pursuant to Section 65590.
(d) The review pursuant to subdivision (c) shall include, but need
not be limited to, the following:
(1) The number of new housing units approved for construction
within the coastal zone after January 1, 1982.
(2) The number of housing units for persons and families of low or
moderate income, as defined in Section 50093 of the Health and
Safety Code, required to be provided in new housing developments
either within the coastal zone or within three miles of the coastal
zone pursuant to Section 65590.
(3) The number of existing residential dwelling units occupied by
persons and families of low or moderate income, as defined in Section
50093 of the Health and Safety Code, that have been authorized to be
demolished or converted since January 1, 1982, in the coastal zone.
(4) The number of residential dwelling units for persons and
families of low or moderate income, as defined in Section 50093 of
the Health and Safety Code, that have been required for replacement
or authorized to be converted or demolished as identified in
paragraph (3). The location of the replacement units, either onsite,
elsewhere within the locality's jurisdiction within the coastal zone,
or within three miles of the coastal zone within the locality's
jurisdiction, shall be designated in the review.
(e) Each city, county, and city and county shall revise its
housing element according to the following schedule:
(1) (A) Local governments within the regional jurisdiction of the
Southern California Association of Governments: June 30, 2006, for
the fourth revision.
(B) Local governments within the regional jurisdiction of the
Association of Bay Area Governments: June 30, 2007, for the fourth
revision.
(C) Local governments within the regional jurisdiction of the
Council of Fresno County Governments, the Kern County Council of
Governments, and the Sacramento Area Council of Governments: June 30,
2002, for the third revision, and June 30, 2008, for the fourth
revision.
(D) Local governments within the regional jurisdiction of the
Association of Monterey Bay Area Governments: December 31, 2002, for
the third revision, and June 30, 2009, for the fourth revision.
(E) Local governments within the regional jurisdiction of the San
Diego Association of Governments: June 30, 2005, for the fourth
revision.
(F) All other local governments: December 31, 2003, for the third
revision, and June 30, 2009, for the fourth revision.
(2) (A) All local governments within a metropolitan planning
organization in a region classified as nonattainment for one or more
pollutants regulated by the federal Clean Air Act (42 U.S.C. Sec.
7506), except those within the regional jurisdiction of the San Diego
Association of Governments, shall adopt the fifth revision of the
housing element no later than 18 months after adoption of the first
regional transportation plan to be adopted after September 30, 2010.
(B) (i) All local governments within the regional jurisdiction of
the San Diego Association of Governments shall adopt the fifth
revision of the housing element no later than 18 months after
adoption of the first regional transportation plan update to be
adopted after September 30, 2010.
(ii) Prior to or concurrent with the adoption of the fifth
revision of the housing element, each local government within the
regional jurisdiction of the San Diego Association of Governments
shall identify adequate sites in its inventory pursuant to Section
65583.2 or rezone adequate sites to accommodate a prorated portion of
its share of the regional housing need for the projection period
representing the period from July 1, 2010, to the deadline for
housing element adoption described in clause (i).
(I) For the fifth revision, a local government within the
jurisdiction of the San Diego Association of Governments that has not
adopted a housing element for the fourth revision by January 1,
2009, shall revise its housing element not less than every four
years, beginning on the date described in clause (i), in accordance
with paragraph (4), unless the local government does both of the
following:
(ia) Adopts a housing element for the fourth revision no later
than March 31, 2010, which is in substantial compliance with this
article.
(ib) Completes any rezoning contained in the housing element
program for the fourth revision by June 30, 2010.
(II) For the sixth and subsequent revisions, a local government
within the jurisdiction of the San Diego Association of Governments
shall be subject to the dates described in clause (i), in accordance
with paragraph (4).
(C) All local governments within the regional jurisdiction of a
metropolitan planning organization or a regional transportation
planning agency that has made an election pursuant to subparagraph
(L) of paragraph (2) of subdivision (b) of Section 65080 by June 1,
2009, shall adopt the fifth revision of the housing element no later
than 18 months after adoption of the first regional transportation
plan update following the election.
(D) All other local governments shall adopt the fifth revision of
the housing element five years after the date specified in paragraph
(1).
(3) Subsequent revisions of the housing element shall be due as
follows:
(A) For local governments described in subparagraphs (A), (B), and
(C) of paragraph (2), 18 months after adoption of every second
regional transportation plan update, provided that the deadline for
adoption is no more than eight years later than the deadline for
adoption of the previous eight-year housing element.
(B) For all other local governments, at five-year intervals after
the date specified in subparagraph (D) of paragraph (2).
(C) If a metropolitan planning organization or a regional
transportation planning agency subject to the five-year revision
interval in subparagraph (B) makes an election pursuant to
subparagraph (M) of paragraph (2) of subdivision (b) of Section 65080
after June 1, 2009, all local governments within the regional
jurisdiction of that entity shall adopt the next housing element
revision no later than 18 months after adoption of the first regional
transportation plan update following the election. Subsequent
revisions shall be due 18 months after adoption of every second
regional transportation plan update, provided that the deadline for
adoption is no more than eight years later than the deadline for
adoption of the previous eight-year housing element.
(4) (A) A local government that does not adopt a housing element
within 120 days of the applicable deadline described in subparagraph
(A), (B), or (C) of paragraph (2) or subparagraph (A) or (C) of
paragraph (3) shall revise its housing element not less than every
four years until the local government has adopted at least two
consecutive revisions by the statutory deadline.
(B) If necessary, the local government shall adopt three
consecutive four-year revisions by the statutory deadline to ensure
that when the local government adopts its next housing element
covering an eight-year planning period, it does so at the deadline
for adoption for other local governments within the region also
covering an eight-year planning period.
(C) The deadline for adoption of every second four-year revision
shall be the same as the deadline for adoption for other local
governments within the region.
(5) The metropolitan planning organization or a regional
transportation planning agency for a region that has an eight-year
revision interval pursuant to paragraph (3) shall notify the
department and the Department of Transportation in writing of the
estimated adoption date for its next regional transportation plan
update at least 12 months prior to the estimated adoption date. The
Department of Transportation shall maintain and publish on its
Internet Web site a current schedule of the estimated regional
transportation plan adoption dates. The department shall maintain and
publish on its Internet Web site a current schedule of the estimated
and actual housing element due dates. Each council of governments
shall publish on its Internet Web site the estimated and actual
housing element due dates, as published by the department, for the
jurisdictions within its region and shall send notice of these dates
to interested parties. For purposes of determining the existing and
projected need for housing within a region pursuant to Sections 65584
to 65584.08, inclusive, the date of the next scheduled revision of
the housing element shall be deemed to be the estimated adoption date
of the regional transportation plan update described in the notice
provided to the Department of Transportation plus 18 months.
(6) The new projection period shall begin on the date of December
31 or June 30 that most closely precedes the end of the previous
projection period.
(f) For purposes of this article, the following terms have the
following meanings:
(1) "Planning period" shall be the time period between the due
date for one housing element and the due date for the next housing
element.
(2) "Projection period" shall be the time period for which the
regional housing need is calculated.
(g) For purposes of this section, "regional transportation plan
update" shall mean a regional transportation plan adopted to satisfy
the requirements of subdivision (d) of Section 65080.
SEC. 4. Section 17926 of the Health and Safety Code is amended to
read:
17926. (a) An owner of a dwelling unit intended for human
occupancy shall install a carbon monoxide device, approved and listed
by the State Fire Marshal pursuant to Section 13263, in each
existing dwelling unit having a fossil fuel burning heater or
appliance, fireplace, or an attached garage, within the earliest
applicable time period as follows:
(1) For all existing single-family dwelling units intended for
human occupancy on or before July 1, 2011.
(2) For all existing hotel and motel dwelling units intended for
human occupancy on or before January 1, 2017.
(3) For all other existing dwelling units intended for human
occupancy on or before January 1, 2013.
(b) With respect to the number and placement of carbon monoxide
devices, an owner shall install the devices in a manner consistent
with building standards applicable to new construction for the
relevant type of occupancy or with the manufacturer's instructions,
if it is technically feasible to do so.
(c) (1) Notwithstanding Section 17995, and except as provided in
paragraph (2), a violation of this section is an infraction
punishable by a maximum fine of two hundred dollars ($200) for each
offense.
(2) Notwithstanding paragraph (1), a property owner shall receive
a 30-day notice to correct. If an owner receiving notice fails to
correct within that time period, the owner may be assessed the fine
pursuant to paragraph (2).
(d) No transfer of title shall be invalidated on the basis of a
failure to comply with this section, and the exclusive remedy for the
failure to comply with this section is an award of actual damages
not to exceed one hundred dollars ($100), exclusive of any court
costs and attorney's fees. This subdivision is not intended to affect
any duties, rights, or remedies otherwise available at law.
(e) A local ordinance requiring carbon monoxide devices may be
enacted or amended if the ordinance is consistent with this chapter.
(f) On or before July 1, 2015, the department shall submit for
adoption and approval pursuant to Chapter 4 (commencing with Section
18935) of Part 2.5, building standards for the installation of carbon
monoxide detectors in hotel and motel dwelling units intended for
human occupancy. In developing these standards, the department shall
do both of the following:
(1) Convene and consult a stakeholder group that includes members
with expertise in multifamily dwellings, lodging, maintenance, and
construction.
(2) Review and consider the most current national codes and
standards available related to the installation of carbon monoxide
detection.
(g) For purposes of this section and Section 17926.1, "dwelling
unit intended for human occupancy" has the same meaning as that term
is defined in Section 13262.
SEC. 5. Section 51505 of the Health and Safety Code is amended to
read:
51505. (a) In addition to the downpayment assistance program
authorized by Section 51504, and notwithstanding any provision of
Section 51504 to the contrary, the agency shall provide downpayment
assistance from the funds set aside pursuant to subparagraph (D) of
paragraph (7) of subdivision (a) of Section 53533 for the purposes of
the portion of the Extra Credit Teacher Home Purchase Program
provided for in subdivision (g) of Section 8869.84 of the Government
Code and any other school personnel home ownership assistance
programs as set forth by the California Debt Limit Allocation
Committee, as operated by the agency. Notwithstanding the foregoing,
the agency may, but is not required to, provide downpayment
assistance pursuant to this section to any local issuer participating
in the Extra Credit Teacher Home Purchase Program and any other
school personnel home ownership assistance programs as set forth by
the California Debt Limit Allocation Committee.
(b) (1) Downpayment assistance for purposes of this section shall
be subject to, and shall meet the requirements of, the Extra Credit
Teacher Home Purchase Program and any other school personnel home
ownership programs as set forth by the California Debt Limit
Allocation Committee, and shall include, but not be limited to,
deferred payment, low interest rate loans.
(2) Except as provided in paragraphs (3) and (5), payment of
principal and interest is deferred until the time that the home is
sold or refinanced.
(3) The agency may, in its discretion, permit the downpayment
assistance loan to be subordinated to refinancing if it determines
that the borrower has demonstrated hardship, subordination is
required to avoid foreclosure, and the new loan meets the agency's
underwriting requirements. The agency may permit subordination on
those terms and conditions as it determines are reasonable, but
subordination is not permitted if the borrower has sufficient equity
to repay the loan.
(4) This downpayment assistance shall meet the requirements of
paragraph (3) of, and subparagraph (A) of paragraph (4) of
subdivision (a) of, Section 51504.
(5) The amount of the downpayment assistance shall not be due and
payable upon sale of the home if the first mortgage loan is insured
by the Federal Housing Administration (FHA) or if the first mortgage
loan is, or has been, transferred to the FHA, or if the requirement
is otherwise contrary to regulations of the United States Department
of Housing and Urban Development governing FHA insured first mortgage
loans.
(c) Loans made pursuant to this section may include a provision
whereby interest, principal, or both, of the loan is forgiven upon
conditions to be established by the agency, or any other provision
designed to carry out the purposes of the Extra Credit Teacher Home
Purchase Program and any other school personnel home ownership
programs as set forth by the California Debt Limit Allocation
Committee.
(d) Downpayment assistance pursuant to this section shall not
exceed the greater of seven thousand five hundred dollars ($7,500) or
3 percent of the home sales price. However, the agency may, with the
concurrence of the California Debt Limit Allocation Committee,
establish higher assistance limits where necessary to ensure
sufficient assistance to allow program participation in high cost
areas.
