Bill Text: CA AB468 | 2023-2024 | Regular Session | Amended
Bill Title: State building standards.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2023-09-01 - In committee: Held under submission. [AB468 Detail]
Download: California-2023-AB468-Amended.html
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Amended
IN
Assembly
April 11, 2023 |
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Amended
IN
Assembly
March 23, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 468
| Introduced by Assembly Member Quirk-Silva |
February 06, 2023 |
An act to amend Sections 17920, 17920.3, 17975, 17980, 17980.7, 17980.11, and 17992 of the Health and Safety Code, relating to housing.
LEGISLATIVE COUNSEL'S DIGEST
AB 468, as amended, Quirk-Silva.
State building standards.
(1) Existing law, the State Housing Law, establishes statewide construction and occupancy standards for buildings used for human habitation. Existing law requires, for those purposes, that any building, including any dwelling unit, be deemed to be a substandard building when a health officer determines that any one of specified listed conditions exists to the extent that it endangers the life, limb, health, property, safety, or welfare of the public or its occupants.
This bill would instead specify that a building be deemed a substandard building when a health officer determines that any of those listed conditions exist to the extent that it endangers the life, limb, health, property, safety, or welfare of the occupants of the building, nearby residents, or the public. The bill would clarify that the term “substandard
building” for purposes of the State Housing Law means a residential building or any other building that is deemed to be substandard pursuant to the provisions described above, and would clarify that standard applies regardless of the zoning designation or approved use of the building. The bill would make conforming changes to this effect.
By imposing new inspection requirements on local entities, this bill would impose a state-mandated local program.
(2) The State Housing Law provides for relocation assistance to a tenant displaced from a residential rental unit as a result of an order to vacate by a local enforcement agency under specified conditions.
This bill would define the term “residential rental unit” for those purposes to mean any unit rented for human habitation that is located in a building that is deemed or found to be a substandard building.
(3) The State Housing Law requires the housing or building department or, if there is no building department, the health department, of every city or county or a specified environmental agency to enforce within its jurisdiction all of the State Housing Law, the building standards published in the California Building Standards Code, and other specified rules and regulations. If there is a violation of these provisions or any order or notice that gives a reasonable time to correct that violation, or if a nuisance exists, an enforcement agency is required, after 30 days’ notice to abate the nuisance, to institute appropriate action or proceeding to prevent, restrain, correct, or abate the violation or nuisance.
This bill would state that violations of municipal codes are included within these provisions. The bill would define the term “petition” for those purposes to include a complaint. The
If an enforcement agency determines that a building is substandard under these provisions based solely on the building being occupied, then the bill would prohibit the enforcement agency from commencing proceedings to abate the violation by repair if specified conditions are met, including that the owner declares under penalty of perjury that the occupant is not a legal tenant, and the owner has filed an unlawful detainer action against the occupant. The bill would prohibit the enforcement agency from proceeding with a demand for repairs if the owner has filed an unlawful detainer action against the occupant and the building poses no risk to nearby residents and the public.
tenant. By expanding the crime of perjury, this bill would impose a state-mandated local program.
(4) The State Housing Law authorizes the enforcement agency, a tenant, or tenant association or organization to seek, and the court to order, the appointment of a receiver for the substandard building if the owner of a property with substandard conditions fails to comply within a reasonable time period with the terms of a specified order or notice to repair or abate a violation that results in a substantial endangerment of the health and safety of residents or the public. Existing law authorizes the court to retain jurisdiction for up to 18 months after discharging the receiver.
This bill would specify that the appointment of a receiver for the substandard building pursuant to another provision of law does not prevent an enforcement agency from seeking, or the court from
appointing or replacing, a receiver pursuant to these provisions. The bill would authorize the court to extend the 18-month time period for retaining jurisdiction to ensure continuing compliance. The bill would provide that an appeal of a court order or judgment issued pursuant to this article shall not stay proceedings upon the order or judgment, absent an extraordinary writ being issued by the appropriate appeals court upon a properly filed petition, as defined.
(5) Under the State Housing Law, a person who obtains an ownership interest in property after the recording of a notice of pendency of an action or proceeding brought pursuant to the State Housing Law with respect to the property or a notice of a violation of that law, and if there is no withdrawal or expungement of the notice, is subject to the order to correct a violation and any other recorded notice of a violation of the State Housing Law.
This bill would specify that a person described above is subject to any costs and fees of any receiver appointed or enforcement agency, as applicable.
(6)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(6) The
California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for specified reasons.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 17920 of the Health and Safety Code is amended to read:17920.
For purposes of this part, the following definitions apply:(a) “Approved” means acceptable to the department.
(b) “Building” means a structure subject to this part.
(c) “Building standard” means building standard as defined in Section 18909.
(d) “Department” means the Department of Housing and Community Development.
(e) “Enforcement” means diligent effort to secure compliance, including review of plans and permit applications, response to complaints,
citation of violations, and other legal process. Except as otherwise provided in this part, “enforcement” may, but need not, include inspections of existing buildings on which no complaint or permit application has been filed, and effort to secure compliance as to these existing buildings.
(f) “Fire protection district” means any special district, or any other municipal or public corporation or district, which is authorized by law to provide fire protection and prevention services.
(g) “Labeled” means equipment or materials to which has been attached a label, symbol, or other identifying mark of an organization, approved by the department, that maintains a periodic inspection program of production of labeled products, installations,
equipment, or materials and by whose labeling the manufacturer indicates compliance with appropriate standards or performance in a specified manner.
(h) “Listed” means all products that appear in a list published by an approved testing or listing agency.
(i) “Listing agency” means an agency approved by the department that is in the business of listing and labeling products, materials, equipment, and installations tested by an approved testing agency, and that maintains a periodic inspection program on current production of listed products, equipment, and installations, and that, at least annually, makes available a published report of these listings.
(j) “Mold” means microscopic organisms or fungi that
can grow in damp conditions in the interior of a building.
(k) “Noise insulation” means the protection of persons within buildings from excessive noise, however generated, originating within or without such buildings.
(l) “Nuisance” means any nuisance defined pursuant to Part 3 (commencing with Section 3479) of Division 4 of the Civil Code, or any other form of nuisance recognized at common law or in equity.
(m) “Public entity” has the same meaning as defined in Section 811.2 of the Government Code.
(n) “Substandard building” means a building, including any building used for human habitation, that is declared substandard pursuant to Section 17920.3.
(o) “Testing agency” means an agency approved by the department as qualified and equipped for testing of products, materials, equipment, and installations in accordance with nationally recognized standards.
SEC. 2.
Section 17920.3 of the Health and Safety Code is amended to read:17920.3.
Any building or portion thereof, regardless of zoning designations or approved uses of the building, including any dwelling unit, guestroom or suite of rooms, or the premises on which the same is located, in which there exists any of the following listed conditions to an extent that endangers the life, limb, health, property, safety, or welfare of the occupants of the building, nearby residents, or the public shall be deemed and hereby is declared to be a substandard building:(a) Inadequate sanitation shall include, but not be limited to, the following:
(1) Lack of, or improper water closet, lavatory, or bathtub or shower in a
dwelling unit.
(2) Lack of, or improper water closets, lavatories, and bathtubs or showers per number of guests in a hotel.
(3) Lack of, or improper kitchen sink.
(4) Lack of hot and cold running water to plumbing fixtures in a hotel.
(5) Lack of hot and cold running water to plumbing fixtures in a dwelling unit.
(6) Lack of adequate heating.
(7) Lack of, or improper operation of required ventilating equipment.
(8) Lack of minimum amounts of natural light and
ventilation required by this code.
(9) Room and space dimensions less than required by this code.
(10) Lack of required electrical lighting.
(11) Dampness of habitable rooms.
(12) Infestation of insects, vermin, or rodents as determined by a health officer or, if an agreement does not exist with an agency that has a health officer, the infestation can be determined by a code enforcement officer, as defined in Section 829.5 of the Penal Code, upon successful completion of a course of study in the appropriate subject matter as determined by the local jurisdiction.
(13) Visible mold growth, as determined by a
health officer or a code enforcement officer, as defined in Section 829.5 of the Penal Code, excluding the presence of mold that is minor and found on surfaces that can accumulate moisture as part of their properly functioning and intended use.
(14) General dilapidation or improper maintenance.
(15) Lack of connection to required sewage disposal system.
(16) Lack of adequate garbage and rubbish storage and removal facilities, as determined by a health officer or, if an agreement does not exist with an agency that has a health officer, the lack of adequate garbage and rubbish removal facilities can be determined by a code enforcement officer as defined in Section 829.5 of the Penal Code.
(b) Structural hazards shall include, but not be limited to, the following:
(1) Deteriorated or inadequate foundations.
(2) Defective or deteriorated flooring or floor supports.
(3) Flooring or floor supports of insufficient size to carry imposed loads with safety.
(4) Members of walls, partitions, or other vertical supports that split, lean, list, or buckle due to defective material or deterioration.
(5) Members of walls, partitions, or other vertical supports that are of insufficient size to carry imposed loads with safety.
(6) Members of ceilings, roofs, ceiling and roof supports, or other horizontal members which that sag, split, or buckle due to defective material or deterioration.
(7) Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety.
(8) Fireplaces or chimneys which that list, bulge, or settle due to defective
material or deterioration.
(9) Fireplaces or chimneys which that are of insufficient size or strength to carry imposed loads with safety.
(c) Any nuisance.
(d) All wiring, except that which conformed with all applicable laws in effect at the time of installation if it is currently in good and safe condition and working properly.
(e) All plumbing, except plumbing that conformed with all applicable laws in effect at the time of installation and has been maintained in good condition, or that may not have
conformed with all applicable laws in effect at the time of installation but is currently in good and safe condition and working properly, and that is free of cross connections and siphonage between fixtures.
(f) All mechanical equipment, including vents, except equipment that conformed with all applicable laws in effect at the time of installation and that has been maintained in good and safe condition, or that may not have conformed with all applicable laws in effect at the time of installation but is currently in good and safe condition and working properly.
(g) Faulty weather protection, which shall include, but not be limited to, the following:
(1) Deteriorated, crumbling, or loose plaster.
(2) Deteriorated or ineffective waterproofing of exterior walls, roofs, foundations, or floors, including broken windows or doors.
(3) Defective or lack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering.
(4) Broken, rotted, split, or buckled exterior wall coverings or roof coverings.
(h) Any building or portion thereof, device, apparatus, equipment, combustible waste, or vegetation that, in the opinion of the chief of the fire department or the chief’s deputy, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and
intensity of fire or explosion arising from any cause.
(i) All materials of construction, except those that are specifically allowed or approved by this code, and that have been adequately maintained in good and safe condition.
(j) Those premises on which an accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rodent harborages, stagnant water, combustible materials, and similar materials or conditions constitute fire, health, or safety hazards.
(k) Any building or portion thereof that is determined to be an unsafe building due to inadequate maintenance, in accordance with the latest edition of the Uniform Building Code.
(l) All buildings or portions thereof not provided with adequate exit facilities as required by this code, except those buildings or portions thereof whose exit facilities conformed with all applicable laws at the time of their construction and that have been adequately maintained and increased in relation to any increase in occupant load, alteration or addition, or any change in occupancy.
When an unsafe condition exists through lack of, or improper location of, exits, additional exits may be required to be installed.
(m) All buildings or portions thereof that are not provided with the fire-resistive construction or fire-extinguishing systems or equipment required by this code, except those buildings or portions thereof that conformed with all applicable laws at the time of their construction
and whose fire-resistive integrity and fire-extinguishing systems or equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration or addition, or any change in occupancy.
(n) All buildings or portions thereof occupied for living, sleeping, cooking, or dining purposes that were not designed or intended to be used for those occupancies.
(o) Inadequate structural resistance to horizontal forces.
“Substandard building” includes a building not in compliance with Section 13143.2.
However, a condition that would require displacement of sound walls or ceilings to meet height, length, or width requirements for ceilings, rooms, and dwelling units shall not by
itself be considered sufficient existence of dangerous conditions making a building a substandard building, unless the building was constructed, altered, or converted in violation of those requirements in effect at the time of construction, alteration, or conversion.
SEC. 3.
Section 17975 of the Health and Safety Code is amended to read:17975.
(a) Any tenant who is displaced or subject to displacement from a residential rental unit as a result of an order to vacate or an order requiring the vacation of a residential unit by a local enforcement agency as a result of a violation so extensive and of such a nature that the immediate health and safety of the residents is endangered, shall be entitled to receive relocation benefits from the owner as specified in this article. The local enforcement agency shall determine the eligibility of tenants for benefits pursuant to this article.(b) For purposes of this section, “residential rental unit” includes a unit rented by a lawful tenant for human
habitation, regardless of the zoning designation or approved uses of the building, that is located in a building that is deemed or found to be a substandard building.
SEC. 4.
Section 17980 of the Health and Safety Code is amended to read:17980.
(a) If a building is constructed, altered, converted, or maintained in violation of any provision of, or in violation of any order or notice that gives a reasonable time to correct that violation issued by an enforcement agency pursuant to this part, the building standards published in the California Building Standards Code, municipal code, or other rules and regulations adopted pursuant to this part, or if a nuisance exists in a building or upon the lot on which it is situated, the enforcement agency shall, after 30 days’ notice to abate the nuisance or violation, or a notice to abate with a shorter period of time if deemed necessary by the enforcement agency to prevent or remedy an immediate threat to the health and safety of the occupants of the building, nearby residents, or the public, institute appropriate action or proceeding to prevent, restrain, correct, or abate the violation or nuisance. Notwithstanding the above, if a person has purchased and is in the process of diligently abating any violation at a residential property that had been foreclosed on or after January 1, 2008, an enforcement agency shall not commence an action or proceeding until at least 60 days after the person takes title to the property, unless a shorter period of time is deemed necessary by the enforcement agency, in its sole discretion, to prevent or remedy an immediate threat to the health and safety of the neighboring community, public, or occupants of the structure.(b) If an entity releases a lien securing a deed of trust or mortgage on a property for
which a notice of pendency of action, as defined in Section 405.2 of the Code of Civil Procedure, has been recorded against the property by an enforcement agency pursuant to subdivision (a) of Section 17985 of the Health and Safety Code or Section 405.7 or 405.20 of the Code of Civil Procedure, it shall notify in writing the enforcement agency that issued the order or notice within 30 days of releasing the lien.
(c) (1) Whenever the enforcement agency has inspected or caused to be inspected a building and has determined that the building is a substandard building or a building described in Section 17920.10, the enforcement agency shall commence proceedings to abate the violation by repair, rehabilitation, vacation, or demolition of the building. The enforcement agency shall not require the vacating of a residential
building unless it concurrently requires expeditious demolition or repair to comply with this part, the building standards published in the California Building Standards Code, or other rules and regulations adopted pursuant to this part. The owner shall have the choice of repairing or demolishing. However, if the owner chooses to repair, the enforcement agency shall require that the building be brought into compliance according to a reasonable and feasible schedule for expeditious repair. The enforcement agency may require vacation and demolition or may itself vacate the building, repair, demolish, or institute any other appropriate action or proceeding, if any of the following occur:
(A) The repair work is not done within the period required by the notice.
(B) The owner
does not make a timely choice of repair or demolition.
(C) The owner selects an option which that cannot be completed within a reasonable period of time, as determined by the enforcement agency, for any reason, including, but not limited to, an outstanding judicial or administrative order.
(2) In deciding whether to require vacation of the building or to repair as necessary, the enforcement agency shall give preference to the repair of the building whenever it is economically feasible to do so without having to repair more than 75 percent of the dwelling, as determined by the enforcement agency, and shall give full
consideration to the needs for housing as expressed in the local jurisdiction’s housing element.
(3) The enforcement agency shall not commence proceedings to abate the violation by repair if the owner declares the occupant is not a legal tenant, and the owner has filed an unlawful detainer action against the occupant. The enforcement agency shall not proceed with a demand for repairs if the owner has filed an unlawful detainer action against the occupant and the building poses no risk to nearby residents and the public. If the enforcement agency determines that a building is substandard under this section based solely on the building being occupied, the enforcement agency
shall not commence court proceedings to abate the violation by repair if all of the following conditions are met:
(A) The owner declares under penalty of perjury that the occupant is illegally occupying the building.
(B) The owner filed and is diligently prosecuting an unlawful detainer action against the occupant.
(C) The enforcement agency determines the building poses no risk to lawful occupants, nearby residents, or the public.
(d) (1) Notwithstanding subdivision (c) and notwithstanding local ordinances, tenants in a residential building shall be provided copies of any of the following:
(A) The notice of a violation described in subdivision (a) that affects the health and safety of the occupants and that causes the building to be substandard pursuant to Section 17920.3 or in violation of Section 17920.10.
(B) An order of the code enforcement agency issued after inspection of the premises declaring the dwelling to be in violation of a provision described in subdivision (a).
(C) The enforcement agency’s decision to repair or demolish.
(D) The issuance of a
building or demolition permit following the abatement order of an enforcement agency.
(2) Each document provided pursuant to paragraph (1) shall be provided to each affected residential unit by the enforcement agency that issued the order or notice, in the manner prescribed by subdivision (a) of Section 17980.6.
(e) All notices issued by the enforcement agency to correct violations or to abate nuisances shall contain a provision notifying the owner that, in accordance with Sections 17274 and 24436.5 of the Revenue and Taxation Code, a tax deduction may not be allowed for interest, taxes, depreciation, or amortization paid or incurred in the taxable year.
(f) The enforcement agency may charge the owner of the building
for its postage or mileage cost for sending or posting the notices required to be given by this section.
(g) If the enforcement agency determines that there is an infestation pursuant to paragraph (12) of subdivision (a) of Section 17920.3 or Section 116130, the enforcement agency’s abatement order shall require the abatement of any other conditions listed in Section 17920.3 that the enforcement agency determines to have caused the infestation.
SEC. 5.
Section 17980.7 of the Health and Safety Code is amended to read:17980.7.
If the owner fails to comply within a reasonable time with the terms of the order or notice issued pursuant to Section 17980.6, the following provisions shall apply:(a) The enforcement agency may seek and the court may order imposition of the penalties provided for under Chapter 6 (commencing with Section 17995).
(b) (1) The enforcement agency may seek and the court may order the owner to not claim any deduction with respect to state taxes for interest, taxes, expenses, depreciation, or amortization paid or incurred with respect to the cited structure, in the taxable year of the initial order or notice, in lieu of the
enforcement agency processing a violation in accordance with Sections 17274 and 24436.5 of the Revenue and Taxation Code.
(2) If the owner fails to comply with the terms of the order or notice to correct the condition that caused the violation pursuant to Section 17980.6, the court may order the owner to not claim these tax benefits for the following year.
(c) The enforcement agency, tenant, or tenant association or organization may seek and the court may order, the appointment of a receiver for the substandard building pursuant to this subdivision. In its petition to the court, the enforcement agency, tenant, or tenant association or organization shall include proof that notice of the petition was posted in a prominent place on the substandard building and mailed first-class
mail to all persons with a recorded interest in the real property upon which the substandard building exists not less than three days prior to filing the petition. The petition shall be served on the owner pursuant to Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. The appointment of a receiver for the substandard building pursuant to another provision of law shall not prevent an enforcement agency from seeking, or the court from appointing or replacing, a receiver pursuant to this section. In such instance, the provisions of this section shall apply in addition to the original provision of law.
(1) In appointing a receiver, the court shall consider whether the owner has been afforded a reasonable opportunity to correct the conditions cited in the notice of violation.
(2) The court shall not appoint any person as a receiver unless the person has demonstrated to the court their capacity and
expertise to develop and supervise a viable financial and construction plan for the satisfactory rehabilitation of the building. A court may appoint as a receiver a nonprofit organization or community development corporation. In addition to the duties and powers that may be granted pursuant to this section, the nonprofit organization or community development corporation may also apply for grants to assist in the rehabilitation of the building.
(3) If a receiver is appointed, the owner and the owner’s agent of the substandard building shall be enjoined from collecting rents from the tenants, interfering with the receiver in the operation of the substandard building, and encumbering or transferring the substandard building or real property upon which the building is situated.
(4) Any receiver appointed pursuant to this section shall have all of the following powers and duties in the order of priority listed in this paragraph, unless the court otherwise permits:
(A) To take full and complete control of the substandard property.
(B) To manage the substandard building and pay expenses of the operation of the substandard building and real property upon which the building is located, including taxes, insurance, utilities, general maintenance, and debt secured by an interest in the real property.
(C) To secure a cost estimate and construction plan from a licensed contractor for the repairs necessary to correct the conditions cited in the notice of violation.
(D) To enter into contracts and employ a licensed contractor as necessary to correct the conditions cited in the notice of violation.
(E) To collect all rents and income from the substandard building.
(F) To use all rents and income from the substandard building to pay for the cost of rehabilitation and repairs determined by the court as necessary to correct the conditions cited in the notice of violation.
(G) To borrow funds to pay for repairs necessary to correct the conditions cited in the notice of violation and to borrow funds to pay for any relocation benefits authorized by paragraph (6) and, with court approval, secure that debt and any moneys owed to the
enforcement agency or the receiver for services performed pursuant to this article with a lien on the real property upon which the substandard building is located. The lien shall be recorded in the county recorder’s office in the county within which the building is located.
(H) To exercise the powers granted to receivers under Section 568 of the Code of Civil Procedure.
(5) The receiver shall be entitled to the same fees, commissions, and necessary expenses as receivers in actions to foreclose mortgages.
(6) If the conditions of the premises or the repair or rehabilitation thereof significantly affect the safe and sanitary use of the substandard building by any tenant, to the extent that the tenant cannot
safely reside in their unit, then the receiver shall provide relocation benefits in accordance with subparagraph (A) of paragraph (3) of subdivision (d).
(7) The relocation compensation provided for in this section shall not preempt any local ordinance that provides for greater relocation assistance.
(8) In addition to any reporting required by the court, the receiver shall prepare monthly reports to the state or local enforcement agency which that shall contain information on at least the following items:
(A) The total amount of rent payments
received.
(B) Nature and amount of contracts negotiated relative to the operation or repair of the property.
(C) Payments made toward the repair of the premises.
(D) Progress of necessary repairs.
(E) Other payments made relative to the operation of the building.
(F) Amount of tenant relocation benefits paid.
(9) The receiver shall be discharged when the conditions cited in the notice of violation have been remedied in accordance with the court order or judgment and a complete accounting of all costs and repairs has been delivered to the
court. Upon removal of the condition, the owner, the mortgagee, or any lienor of record may apply for the discharge of all moneys not used by the receiver for removal of the condition and all other costs authorized by this section.
(10) After discharging the receiver, the court may retain jurisdiction for a time period not to exceed 18 consecutive months,
which may be extended by order of the court to ensure continuing compliance, and require the owner and the enforcement agency responsible for enforcing Section 17980 to report to the court in accordance with a schedule determined by the court.
(11) The prevailing party in an action pursuant to this section shall be entitled to reasonable attorney’s fees and court costs as may be fixed by the court.
(12) The county recorder may charge and collect fees for the recording of all notices and other documents required by this section pursuant to Article 5 (commencing with Section 27360) of Chapter 6 of Division 2 of Title 3 of the Government Code.
(13) This section shall not be construed to limit those rights available
to tenants and owners under any other provision of the law.
(14) This section shall not be construed to deprive an owner of a substandard building of all procedural due process rights guaranteed by the California Constitution and the United States Constitution, including, but not limited to, receipt of notice of the violation claimed and an adequate and reasonable period of time to comply with any orders which that are issued by the enforcement agency or the court.
(15) Upon the request of a receiver, a court may require the owner of the property to pay all unrecovered costs associated with the
receivership in addition to any other remedy authorized by law.
(d) If the court finds that a building is in a condition which that substantially endangers the health and safety of residents pursuant to Section 17980.6, upon the entry of any order or judgment, the court shall do all of the following:
(1) Order the owner to pay all reasonable and actual costs of the enforcement agency including, but not limited to, inspection costs, investigation costs, enforcement costs, attorney fees or costs, and all costs of prosecution.
(2) Order that the local
enforcement agency shall provide the tenant with notice of the court order or judgment.
(3) (A) Order that if the owner undertakes repairs or rehabilitation as a result of being cited for a notice under this chapter, and if the conditions of the premises or the repair or rehabilitation thereof significantly affect the safe and sanitary use of the premises by any lawful tenant, so that the tenant cannot safely reside in the premises, then the owner shall provide or pay relocation benefits to each lawful tenant. These benefits shall
consist of actual reasonable moving and storage costs and relocation compensation. The actual moving and storage costs shall consist of all of the following:
(i) Transportation of the tenant’s personal property to the new location. The new location shall be in close proximity to the substandard premises, except where relocation to a new location beyond a close proximity is determined by the court to be justified.
(ii) Packing, crating, unpacking, and uncrating the tenant’s personal property.
(iii) Insurance of the tenant’s property while in transit.
(iv) The reasonable replacement value of property lost, stolen, or damaged (not through the fault or
negligence of the displaced person, their agent, or their employee) in the process of moving, where insurance covering the loss, theft, or damage is not reasonably available.
(v) The cost of disconnecting, dismantling, removing, reassembling, reconnecting, and reinstalling machinery, equipment, or other personal property of the tenant, including connection charges imposed by utility companies for starting utility service.
(B) (i) The relocation compensation shall be an amount equal to the differential between the contract rent and the fair market rental value determined by the federal Department of Housing and Urban Development for a unit of comparable size within the area for the period that the unit is being repaired, not to exceed 120 days.
(ii) If the court finds that a tenant has been substantially responsible for causing or substantially contributing to the substandard conditions, then the relocation benefits of this section shall not be paid to this tenant. Each other tenant on the premises who has been ordered to relocate due to the substandard conditions and who is not substantially responsible for causing or contributing to the conditions shall be paid these benefits and moving costs at the time that the tenant actually relocates.
(4) Determine the date when the tenant is to relocate, and order the tenant to notify the enforcement agency and the owner of the address of the premises to which the tenant has relocated within five days after the relocation.
(5) (A) Order that the owner shall offer the first right to occupancy of the premises to each tenant who received benefits pursuant to subparagraph (A) of paragraph (3), before letting the unit for rent to a third party. The owner’s offer on the first right to occupancy to the tenant shall be in writing, and sent by first-class certified mail to the address given by the tenant at the time of relocation. If the owner has not been provided the tenant’s address by the tenant as prescribed by this section, the owner shall not be required to provide notice under this section or offer the tenant the right to return to occupancy.
(B) The tenant shall notify the owner in writing that the tenant will occupy the unit. The notice shall be sent by first-class certified mail no later than 10 days after the notice has been mailed
by the owner.
(6) Order that failure to comply with any abatement order under this chapter shall be punishable by civil contempt, penalties under Chapter 6 (commencing with Section 17995), and any other penalties and fines as are available.
(e) The initiation of a proceeding or entry of a judgment pursuant to this section or Section 17980.6 shall be deemed to be a “proceeding” or “judgment” as provided by paragraph (4) or (5) of subdivision (a) of Section 1942.5 of the Civil Code.
(f) The term “owner,” for the purposes of this section, shall include the owner, including any public entity that owns residential real property, at the time of the initial notice or order and any successor in interest who had actual or
constructive knowledge of the notice, order, or prosecution.
(g) These remedies shall be in addition to those provided by any other law.
(h) This section and Section 17980.6 shall not impair the rights of an owner exercising the owner’s rights established pursuant to Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code.
(i) Notwithstanding Section 917.5 of the Code of Civil Procedure, an appeal of a court order or judgment issued pursuant to this article shall not stay proceedings upon the order or judgment, absent an extraordinary writ being issued by the appropriate appeals court upon a properly filed petition.
(j) For purposes of this section, “petition” includes a complaint.
SEC. 6.
Section 17980.11 of the Health and Safety Code is amended to read:17980.11.
If an enforcement agency has recorded with a county recorder any notice of substandard or untenantable conditions issued pursuant to this part for a residential structure, and if the enforcement agency anticipates that it will pursue the remedies provided by subdivision (b) of Section 17980.7 or subdivision (c) of Section 17980.9, or Section 17274 or 24436.5 of the Revenue and Taxation Code, it may require the private owner of that structure, within 10 days of recordation, to submit to the enforcement agency the following information:(a) If the property owner is an individual, the name, address, driver’s license number or identification card number, social security
number or tax identification number, and any other information deemed necessary by the enforcement agency to file the documents necessary to utilize Section 17274 of the Revenue and Taxation Code.
(b) If the property owner is a corporation, trust, real estate trust, or any other entity whose taxes are subject to Part 11 (commencing with Section 23001) of the Revenue and Taxation Code, the name, address, tax identification number, and any other information deemed necessary by the enforcement agency to file the documents necessary to utilize Section 24436.5 of the Revenue and Taxation Code.
(c) If the property owner is a limited liability company, partnership, limited partnership, trust, or real estate investment trust, or any other entity which
that has owners, partners, members, or investors whose state taxes are subject to Part 10 (commencing with Section 17001) of the Revenue and Taxation Code and whose income, deductions, or tax credits are subject to any change because of interest payments, taxes, depreciation, or amortization related to the substandard housing, the name, address, driver’s license number or identification card number, social security number or tax identification number, and any other information deemed necessary by the enforcement agency to file the documents necessary to utilize Section 17274 of the Revenue and Taxation Code.
SEC. 7.
Section 17992 of the Health and Safety Code is amended to read:17992.
Any person who obtains an ownership interest in any property after a notice of pendency of an action or proceeding was recorded with respect to the property pursuant to Section 17985 or any other notice of a violation of this part was recorded with the county recorder of the county in which the property is located, and where there has been no withdrawal or expungement of the notice, shall be subject to any order to correct a violation, including time limitations, specified in a citation issued pursuant to Sections 17980 and 17981 or any other notice of a violation of this part that was recorded with the county recorder of the county in which the property is located and is liable for any costs and fees of the receiver or enforcement agency, as applicable.No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
