Bill Text: CA AB491 | 2021-2022 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Housing: affordable and market rate units.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2021-09-28 - Chaptered by Secretary of State - Chapter 345, Statutes of 2021. [AB491 Detail]
Download: California-2021-AB491-Amended.html
structure that is constructed on or after January 1, 2022, structure, both of the following shall apply:
Bill Title: Housing: affordable and market rate units.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2021-09-28 - Chaptered by Secretary of State - Chapter 345, Statutes of 2021. [AB491 Detail]
Download: California-2021-AB491-Amended.html
Amended
IN
Assembly
May 04, 2021 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 491
Introduced by Assembly Member Lorena Gonzalez |
February 08, 2021 |
An act to add Section 17929 to the Health and Safety Code, relating to housing.
LEGISLATIVE COUNSEL'S DIGEST
AB 491, as amended, Lorena Gonzalez.
Housing: affordable and market rate units.
The State Housing Law, among other things, 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 requires the housing or building department of every city or county, or the health department if there is no building department, to enforce within its jurisdiction the provisions of the State Housing Law, building standards, and the other rules and regulations adopted by the department pertaining to the maintenance, sanitation, ventilation, use, or occupancy of apartment houses, hotels, or dwellings. A violation of the State Housing Law, or of the building standards or rules and regulations adopted pursuant to that law, is a misdemeanor.
This bill would require that a mixed-income multifamily structure that is constructed on or after January 1, 2022, provide the same access to the common entrances, common areas, and amenities of the structure to occupants of the affordable housing units in the structure as is provided to occupants of the market-rate housing units. The bill would also prohibit a mixed-income multifamily structure that is constructed on or after January 1, 2022, from isolating the affordable housing units within the structure to a specific floor or an area on a specific floor. The bill would define various terms for these purposes.
The bill would state that these additions do not constitute a change
in, but are declaratory of, existing law.
By adding to the duties of local officials with respect to enforcement of the State Housing Law, the violation of which is a crime, this bill would impose a state-mandated local program.
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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made
pursuant to the statutory provisions noted above.
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 17929 is added to the Health and Safety Code, to read:17929.
(a) (1) For a mixed-income multifamily(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 that is constructed on or after January 1, 2022, 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:
(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 or egress to or from that structure.
(3) “Market-rate housing unit” means any residential dwelling unit that is not an affordable housing unit.
(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 subdivision (l) of Section 12955 of
the Government Code, Section 65008 of the Government Code, or Section 12161 of Title 2 of the California Code of Regulations.
SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs
mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.