Bill Text: CA AB2772 | 2023-2024 | Regular Session | Amended

California Assembly Bill 2772

Bill Title: California Rent Relief Program.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-01 - Re-referred to Com. on H. & C.D. [AB2772 Detail]

Download: California-2023-AB2772-Amended.html

Amended IN Assembly March 21, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 2772

Introduced by Assembly Member Quirk-Silva

February 15, 2024

~~An act to amend Section 17929 of the Health and Safety Code, relating to housing.~~ An act to add Chapter 3.6 (commencing with Section 50535) to Part 2 of Division 31 of the Health and Safety Code, relating to housing.

LEGISLATIVE COUNSEL'S DIGEST

AB 2772, as amended, Quirk-Silva. ~~State Housing Law: affordable and market-rate units.~~ California Rent Relief Program.

Existing law establishes the Department of Housing and Community Development within the Business, Consumer Services, and Housing Agency and sets forth its powers and duties, including the administration of various housing programs, including the State Rental Assistance Program, which allocates federally provided funds as block grants to provide rental assistance to eligible households, as provided.
This bill would establish the California Rent Relief Program, which would be administered by the department. The bill would require the department, upon appropriation by the Legislature, to make block grant allocations to grantees to provide rental assistance to eligible households.
This bill would require grantees, as defined, to contract with nonprofit corporations to distribute block grant funds. The bill would require a grantee to agree to use its block grant funds consistent with the bill’s provisions. The bill would authorize the department to require the grantee to pay back the block grant funds that are spent in a manner inconsistent with the bill’s provisions, and would authorize the department to reallocate those funds for these purposes.
This bill would, for the duration of the program, require the department to report to the Joint Legislative Budget Committee every 6 months on the programmatic performance metrics for block grant funds. The bill would require grantees to provide information necessary for the department to comply with these reporting requirements.
Existing law, the State Housing Law, requires the Department of Housing and Community Development to adopt, amend, or repeal rules and regulations for the protection of the health, safety, and general welfare of the occupant and the public relating to specified residential structures, as provided, which apply throughout the state.
Existing law, the State Housing Law, requires that a mixed-income multifamily structure provide occupants of the affordable housing units within the structure the same access to the common entrances to that structure as the occupants of the market-rate housing units. That law also requires that the occupants of the affordable housing units within the mixed-income multifamily structure have the same access to the common areas and amenities of that structure as the occupants of the market-rate housing units. Existing law also prohibits a mixed-income multifamily structure from isolating the affordable housing units within that structure to a specific floor or an area on a specific floor. Existing law defines terms for purposes of this law.
~~This bill would make a nonsubstantive change to the above-described provisions relating to mixed-income multifamily structures.~~

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

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

SECTION 1.

Chapter 3.6 (commencing with Section 50535) is added to Part 2 of Division 31 of the Health and Safety Code, to read:

CHAPTER 3.6. California Rent Relief Program
50535.
For the purposes of this chapter, the following terms have the following meanings:
(a) “Area median income” has the same meaning as set forth in Section 50093.
(b) “Department” means the Department of Housing and Community Development.
(c) “Eligible household” means a household whose income is 80 percent or less of area median income and has not previously received rental assistance pursuant to this chapter.
(d) “Grantee” means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county, or housing authority that participates in the program.
(e) “Housing authority” means a housing authority created pursuant to the Housing Authorities Law (Chapter 1 (commencing with Section 34200) of Part 2 of Division 24).
(f) “Nonprofit corporation” means a corporation organized under the Nonprofit Corporation Law (Division 2 (commencing with Section 5000) of Title 1 of the Corporations Code).
(g) “Program” means the California Rent Relief Program, established by this chapter to award funds for rental assistance pursuant to this chapter.
50536.
(a) The California Rent Relief Program shall be administered by the department.
(b) The department may adopt, amend, and repeal rules, guidelines, or procedures necessary to carry out the purposes of this chapter.
50537.
(a) Upon appropriation by the Legislature, the department shall make a block grant allocation to a grantee to provide rental assistance to eligible households pursuant to this chapter.
(b) A grantee shall contract with a nonprofit corporation to distribute allocated block grant funds pursuant to this chapter.
(c) A member of an eligible household may directly apply for rental assistance from the nonprofit corporation described in subdivision (b).
50538.
(a) (1) To receive block grant funds pursuant to this chapter, a grantee shall agree to use its block grant funds in a manner consistent with this chapter.
(2) Refusal to comply with this subdivision shall result in the applicant being prohibited from receiving block grant funds.
(3) The department may require a grantee to pay back block grant funds that are spent in a manner inconsistent with this chapter.
(b) The department may reallocate any funds paid back pursuant to paragraph (3) of subdivision (a) for purposes of this chapter.
(c) A grantee shall enter into an agreement with the department that includes terms and conditions consistent with the requirements set forth in this chapter.
(d) A grantee shall be solely responsible for compliance with all applicable requirements under this chapter.
50539.
(a) The department shall submit to the Joint Legislative Budget Committee, every six months for the duration of the program, a report that provides programmatic performance metrics for block grant funds administered pursuant to this chapter. The report shall include, at minimum, all of the following information:
(1) Obligation of block grant funds for assistance provided under this chapter.
(2) Expenditure of block grant funds for assistance provided under this chapter.
(3) Expenditure by eligible households for assistance provided under this chapter.
(4) Demographic information of eligible households that received block grants funds under this chapter, including the eligible household’s income.
(b) A grantee shall provide information necessary for the department to comply with the reporting requirement described in subdivision (a).
(c) A report required to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.

SECTION 1.Section 17929 of the Health and Safety Code is amended to read:
17929.
~~(a)(1)For a mixed-income multifamily structure, both of the following shall apply:~~
(A)The occupants of the affordable housing units within the mixed-income multifamily structure shall have the same access to the common entrances to that structure as the occupants of the market-rate housing units.
(B)The occupants of the affordable housing units within the mixed-income multifamily structure shall have the same access to the common areas and amenities of that structure as the occupants of the market-rate housing units.
~~(2)A mixed-income multifamily structure shall not isolate the affordable housing units within that structure to a specific floor or an area on a specific floor.~~
~~(b)For purposes of this section, the following definitions apply:~~
(1)“Affordable housing unit” means any residential dwelling unit that is restricted by deed or other recorded document as affordable housing for persons and families of low or moderate income, as that term is defined in Section 50093.
~~(2)“Common entrance” means any area used by the occupants of a mixed-income multifamily structure for ingress to or egress from that structure.~~
~~(3)“Market-rate housing unit” means any residential dwelling unit that is not an affordable housing unit or a unit occupied by on-site property management staff.~~
~~(4)“Mixed-income multifamily structure” means any residential structure with five or more residential dwelling units that includes both affordable housing units and market-rate housing units.~~
(c)This section is declaratory of existing law. Nothing in this section shall be construed to limit the application of existing law, including, but not limited to, Article 2 (commencing with Section 12955) of Chapter 6 of Part 2.8 of Division 3 of Title 2 of the Government Code, Section 65008 of the Government Code, or Subchapter 7 (commencing with Section 12005) of Chapter 5 of Division 4.1 of Title 2 of the California Code of Regulations.