Bill Text: CA SB944 | 2015-2016 | Regular Session | Chaptered
Bill Title: Housing omnibus.
Spectrum: Slight Partisan Bill (Democrat 8-3)
Status: (Passed) 2016-09-27 - Chaptered by Secretary of State. Chapter 714, Statutes of 2016. [SB944 Detail]
Download: California-2015-SB944-Chaptered.html
BILL NUMBER: SB 944 CHAPTERED
BILL TEXT
CHAPTER 714
FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2016
APPROVED BY GOVERNOR SEPTEMBER 27, 2016
PASSED THE SENATE AUGUST 29, 2016
PASSED THE ASSEMBLY AUGUST 22, 2016
AMENDED IN ASSEMBLY AUGUST 18, 2016
AMENDED IN ASSEMBLY AUGUST 1, 2016
AMENDED IN ASSEMBLY MAY 31, 2016
AMENDED IN SENATE MARCH 28, 2016
INTRODUCED BY Committee on Transportation and Housing (Senators
Beall (Chair), Allen, Bates, Cannella, Gaines, Galgiani, Leyva,
McGuire, Mendoza, Roth, and Wieckowski)
FEBRUARY 3, 2016
An act to amend Section 7044 of the Business and Professions Code,
to amend Sections 798.56a, 798.61, 1952.7, 4270, and 5570 of, to
amend and renumber Section 4750.10 of, and to add Chapter 2.5
(commencing with Section 1954.10) to Title 5 of Part 4 of Division 3
of, the Civil Code, to amend Sections 12955.9, 65584.01, and 65863.10
of the Government Code, and to amend Sections 17913, 17922, 17922.3,
17958.1, 17959.1, 18080.5, 18935, 19990, 50074, 50784.7, and 50800.5
of, to add Section 50104.6.5 to, to repeal Sections 17921.3 and
17921.9 of, and to repeal Chapter 4.7 (commencing with Section 50580)
of Part 2 of Division 31 of, the Health and Safety Code, relating to
housing, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 944, Committee on Transportation and Housing. Housing omnibus.
(1) Existing law, the Contractors' State License Law, provides for
the licensure and regulation of contractors by the Contractors'
State License Board. Existing law imposes specified requirements on
home improvement contracts and service and repair contracts. Existing
law makes it a misdemeanor for a person to engage in the business or
act in the capacity of a contractor without a license and provides
certain exemptions from that licensure requirement, including
exemptions for owner-builders, as specified.
This bill would provide an additional exemption for a nonprofit
corporation providing assistance to an owner-builder who is
participating in a mutual self-help housing program, as specified.
(2) The Mobilehome Residency Law governs tenancies in mobilehome
parks and, among other things, authorizes the management of a
mobilehome park, under specified circumstances, to either remove the
mobilehome from the premises and place it in storage or store the
mobilehome on its site. Existing law provides the management with a
warehouse lien for these costs and imposes various duties on the
management to enforce this lien, including requiring the management
to file a notice with the county tax collector of the management's
intent to apply to have the mobilehome designated for disposal after
a warehouse lien sale and a notice of disposal with the Department of
Housing and Community Development no less than 10 days after the
date of sale to enforce the lien against the mobilehome in order to
dispose of a mobilehome after a warehouse lien sale, as specified.
This bill would instead require the management to file a notice of
intent to apply to have a mobilehome designated for disposal with
the tax collector and a notice of disposal with the department no
less than 30 days after the date of sale to enforce the lien against
the mobilehome.
Existing law also establishes procedures by which the management
may dispose of an abandoned mobilehome, including requiring that the
management file a notice of disposal with the department, and to post
and mail a notice of intent to dispose of the abandoned mobilehome,
as specified. The Manufactured Housing Act of 1980 requires the
department to enforce various laws pertaining to manufactured
housing, mobilehomes, park trailers, commercial coaches, special
purpose commercial coaches, and recreational vehicles.
This bill would require the management to post and mail the notice
of intent to dispose of the abandoned mobilehome within 10 days
following a judgment of abandonment and would require the management
to file a notice of disposal with the department within 30 days
following a judgment of abandonment, as specified. This bill would
authorize the department to adopt guidelines related to procedures
and forms to implement the above-described disposal procedures for
mobilehomes after a warehouse lien sale and for abandoned mobilehomes
until regulations are adopted by the department to replace those
guidelines.
(3) Existing law specifies cause for eviction of participants in
transitional housing programs, as defined, and establishes a
procedure for evicting program participants for specified serious
violations of the program's requirements, rules, or regulations.
Existing law authorizes a program operator to seek, on his or her own
behalf or on behalf of other participants or persons residing within
100 feet of the program site, a temporary restraining order and an
injunction prohibiting abuse or misconduct by the participant, the
violation of which is a misdemeanor. Existing law provides procedures
for the program operator to exclude the participant from the program
site and recover the dwelling unit.
This bill would recast these provisions and repeal identical
provisions regarding eviction of participants in transitional housing
programs in the Health and Safety Code.
(4) Existing law voids any term in a lease renewed or extended on
or after January 1, 2015, that conveys any possessory interest in
commercial property that either prohibits or unreasonably restricts,
as defined, the installation or use of an electric vehicle charging
station in a parking space associated with the commercial property.
Existing law defines "electric vehicle charging station" or "charging
station" for these purposes as a station designed in compliance with
specified provisions of the National Electrical Code that delivers
electricity from a source outside an electric vehicle into one or
more electric vehicles.
This bill would instead define the term "electric vehicle charging
station" or "charging station" by reference to specified provisions
of the California Electrical Code.
(5) The Davis-Stirling Common Interest Development Act, among
other things, requires that the declaration, as defined, of a common
interest development include certain specified information and allows
for amendments to the declaration pursuant to either the declaration
or the provisions of the act. Under existing law, an amendment to a
declaration is generally effective after certain specified
requirements are met, except as provided.
This bill would clarify that the exception from those requirements
includes alternative procedures established in other specified
provisions of the act for approving, certifying, or recording an
amendment.
Existing law also provides that any provision, except for a
reasonable restriction, as defined, of a governing document, as
defined, of a common interest development is void and unenforceable
if it effectively prohibits or unreasonably restricts the use of a
clothesline or a drying rack, as defined, in an owner's backyard.
This bill would make nonsubstantive changes to this provision.
Existing law also requires the association of a common interest
development to distribute to its members an Assessment and Reserve
Funding Disclosure Summary form containing specified information,
including whether currently projected reserve account balances will
be sufficient at the end of each year to meet the association's
obligation for repair or replacement of major components during the
next 30 years and that all major components are included in the
reserve study and its calculations. Existing law defines "major
component" for these purposes by reference to a specified statute.
This bill would correct an erroneous reference to the statutory
definition of "major component" for these purposes.
(6) Under the California Fair Employment and Housing Act, the
owner of a housing accommodation is prohibited from discriminating
against or harassing any person on the basis of certain personal
characteristics, including familial status. The act provides that its
provisions relating to discrimination based on familial status do
not apply to housing for older persons, defined to include, among
others, mobilehome parks that meet the standards for "housing for
older persons" contained in the federal Fair Housing Amendments Act
of 1988.
This bill would instead require, for this purpose, mobilehome
parks to meet the standards for "housing for older persons" contained
in the federal Fair Housing Act, as amended by Public Law 104-76.
(7) The Planning and Zoning Law requires a city or county to
prepare and adopt a comprehensive, long-term general plan and
requires the general plan to include certain mandatory elements,
including a housing element. That law also requires the housing
element, in turn, to include, among other things, an assessment of
housing needs and an inventory of resources and constraints relevant
to the meeting of those needs. That law further requires the
Department of Housing and Community Development, for specified
revisions of the housing element, to determine the existing and
projected need for housing for each region, as specified.
This bill would make technical, nonsubstantive changes to this
provision.
(8) A provision of the Planning and Zoning Law requires an owner
of an assisted housing development proposing the termination of a
subsidy contract or prepayment of governmental assistance or of an
assisted housing development in which there will be the expiration of
rental restrictions to provide a notice of the proposed change to
each affected tenant household residing in the assisted housing
development, as specified. For the purposes of this requirement,
existing law defines "assisted housing development" to mean a
multifamily rental housing development that receives governmental
assistance under specified programs, including tax-exempt private
activity mortgage revenue bonds pursuant to a specified federal
statute.
This bill would provide that "assisted housing development"
includes a development receiving assistance from tax-exempt private
activity mortgage revenue bonds pursuant to the predecessors of that
specified federal statute.
(9) The California Building Standards Law provides for the
adoption of building standards by state agencies by requiring all
state agencies that adopt or propose adoption of any building
standard to submit the building standard to the California Building
Standards Commission for approval and adoption. Existing law requires
an adopting agency to submit the notice and initial statement of
reasons for proposed building standards to the commission. If, after
review, the commission determines that the notice and initial
statement of reasons comply with the Administrative Procedure Act,
existing law requires that the commission submit those documents to
the Office of Administrative Law for the sole purpose of inclusion in
the California Regulatory Notice Register.
This bill would instead require that the commission submit only
the notice to the Office of Administrative Law.
(10) Existing law defines the term "housing sponsor" for the
purpose of various housing and home finance programs administered by
the Department of Housing and Community Development to include
various entities, including the duly constituted governing body of an
Indian reservation or rancheria, certified by the California Housing
Finance Agency as qualified to either own, construct, acquire, or
rehabilitate a housing development and subject to the regulatory
powers of the agency, as specified.
This bill would expand the definition of "housing sponsor" to
include a tribally designated housing entity. The bill would define
"tribally designated housing entity" by reference to a specified
provision of the federal Native American Housing Assistance and
Self-Determination Act of 1996.
(11) The State Housing Law requires the Department of Housing and
Community Development to notify specified entities of the dates that
each of the uniform codes published by specified organizations are
approved by the California Building Standards Commission. Existing
law also requires the building regulations and rules adopted by the
department to impose substantially the same requirements as are
contained in the more recent editions of various uniform industry
codes, as specified.
This bill would additionally require the department to notify
those entities of the dates that each of the international codes
published by specified organizations are approved by the California
Building Standards Commission. The bill would additionally require
the building regulations and rules adopted by the department to
impose substantially the same requirements as are contained in the
most recent editions of various international industry codes, as
specified, and would make conforming changes.
(12) Existing law requires all water closets and urinals installed
or sold in this state to meet specified requirements. Under existing
law, these provisions are operative until January 1, 2014, or until
the date on which the California Building Standards Commission
includes standards in the California Building Standards Code that
conform to these requirements.
This bill would repeal this provision.
(13) Existing law, until January 1, 1998, authorized the use of
Chlorinated polyvinyl chloride (CPVC) piping in building construction
in California, as specified.
This bill would repeal this provision.
(14) Existing law prohibits a residential structure that is moved
into, or within, the jurisdiction of a local agency or the department
from being treated as a new building structure, as specified.
This bill would make a technical change to this provision.
(15) Existing law requires a city or county to administratively
approve applications to install solar energy systems through the
issuance of a building permit or similar nondiscretionary permit, as
specified.
This bill would make a technical change to this provision.
(16) Existing law authorizes the Department of Housing and
Community Development to make loans from the Mobilehome Park
Rehabilitation and Purchase Fund, a continuously appropriated fund,
to, among other things, make loans to resident organizations or
qualified nonprofit sponsors for the purpose of assisting lower
income households in making needed repairs or accessibility-related
upgrades to their mobilehomes, if specified criteria are met.
This bill would additionally authorize loans to these entities to
assist lower income households in replacing their mobilehomes. By
authorizing the expenditure of moneys in a continuously appropriated
fund for a new purpose, this bill would make an appropriation.
(17) Existing law requires the Department of Housing and Community
Development to administer the Emergency Housing and Assistance
Program. Under the program, moneys from the continuously appropriated
Emergency Housing and Assistance Fund are available for the purposes
of providing shelter, as specified, to homeless persons at as low of
a cost and as quickly as possible, without compromising the health
and safety of shelter occupants, to encourage the move of homeless
persons from shelters to a self-supporting environment as soon as
possible, to encourage provision of services for as many persons at
risk of homelessness as possible, to encourage compatible and
effective funding of homeless services, and to encourage coordination
among public agencies that fund or provide services to homeless
individuals, as well as agencies that discharge people from their
institutions.
The Housing and Emergency Shelter Trust Fund Acts of 2002 and
2006, enacted as Proposition 46 at the November 5, 2002, statewide
general election and Proposition 1C at the November 7, 2006,
statewide general election, respectively, authorized the issuance of
bonds pursuant to the State General Obligation Bond Law to fund
various housing programs administered by the department, including
the Multifamily Housing Program. Under the acts, specified amounts of
funds are transferred to the Emergency Housing and Assistance Fund
to be distributed in the form of capital development grants under the
Emergency Housing and Assistance Program and for supportive housing.
This bill would authorize the department to transfer any
unobligated Proposition 46 and Proposition 1C bond funds in the
Emergency Housing and Assistance Fund to the Housing Rehabilitation
Loan Fund, less any funds needed for state operations to support
outstanding awards as determined by the Department of Housing and
Community Development, to be expended for the Multifamily Housing
Program for supportive housing for a specified target population.
By authorizing additional moneys to be transferred to a
continuously appropriated fund, this bill would make an
appropriation.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 7044 of the Business and Professions Code is
amended to read:
7044. (a) This chapter does not apply to any of the following:
(1) An owner who builds or improves a structure on his or her
property, provided that both of the following conditions are met:
(A) None of the improvements are intended or offered for sale.
(B) The property owner personally performs all of the work or any
work not performed by the owner is performed by the owner's employees
with wages as their sole compensation.
(2) An owner who builds or improves a structure on his or her
property, provided that both of the following conditions are met:
(A) The owner directly contracts with licensees who are duly
licensed to contract for the work of the respective trades involved
in completing the project.
(B) For projects involving single-family residential structures,
no more than four of these structures are intended or offered for
sale in a calendar year. This subparagraph shall not apply if the
owner contracts with a general contractor for the construction.
(3) A homeowner improving his or her principal place of residence
or appurtenances thereto, provided that all of the following
conditions exist:
(A) The work is performed prior to sale.
(B) The homeowner has actually resided in the residence for the 12
months prior to completion of the work.
(C) The homeowner has not availed himself or herself of the
exemption in this paragraph on more than two structures more than
once during any three-year period.
(4) A nonprofit corporation providing assistance to an
owner-builder, as defined in subdivision (a) of Section 50692 of the
Health and Safety Code, who is participating in a mutual self-help
housing program, as defined in Section 50078 of the Health and Safety
Code.
(b) In all actions brought under this chapter, both of the
following shall apply:
(1) Except as provided in paragraph (2), proof of the sale or
offering for sale of a structure by or for the owner-builder within
one year after completion of the structure constitutes a rebuttable
presumption affecting the burden of proof that the structure was
undertaken for purposes of sale.
(2) Proof of the sale or offering for sale of five or more
structures by the owner-builder within one year after completion
constitutes a conclusive presumption that the structures were
undertaken for purposes of sale.
SEC. 2. Section 798.56a of the Civil Code is amended to read:
798.56a. (a) Within 60 days after receipt of, or no later than 65
days after the mailing of, the notice of termination of tenancy
pursuant to any reason provided in Section 798.56, the legal owner,
if any, and each junior lienholder, if any, shall notify the
management in writing of at least one of the following:
(1) Its offer to sell the obligation secured by the mobilehome to
the management for the amount specified in its written offer. In that
event, the management shall have 15 days following receipt of the
offer to accept or reject the offer in writing. If the offer is
rejected, the person or entity that made the offer shall have 10 days
in which to exercise one of the other options contained in this
section and shall notify management in writing of its choice.
(2) Its intention to foreclose on its security interest in the
mobilehome.
(3) Its request that the management pursue the termination of
tenancy against the homeowner and its offer to reimburse management
for the reasonable attorney's fees and court costs incurred by the
management in that action. If this request and offer are made, the
legal owner, if any, or junior lienholder, if any, shall reimburse
the management the amount of reasonable attorney's fees and court
costs, as agreed upon by the management and the legal owner or junior
lienholder, incurred by the management in an action to terminate the
homeowner's tenancy, on or before the earlier of (A) the 60th
calendar day following receipt of written notice from the management
of the aggregate amount of those reasonable attorney's fees and costs
or (B) the date the mobilehome is resold.
(b) A legal owner, if any, or junior lienholder, if any, may sell
the mobilehome within the park to a third party and keep the
mobilehome on the site within the mobilehome park until it is resold
only if all of the following requirements are met:
(1) The legal owner, if any, or junior lienholder, if any,
notifies management in writing of the intention to exercise either
option described in paragraph (2) or (3) of subdivision (a) within 60
days following receipt of, or no later than 65 days after the
mailing of, the notice of termination of tenancy and satisfies all of
the responsibilities and liabilities of the homeowner owing to the
management for the 90 days preceding the mailing of the notice of
termination of tenancy and then continues to satisfy these
responsibilities and liabilities as they accrue from the date of the
mailing of that notice until the date the mobilehome is resold.
(2) Within 60 days following receipt of, or no later than 65 days
after the mailing of, the notice of termination of tenancy, the legal
owner or junior lienholder commences all repairs and necessary
corrective actions so that the mobilehome complies with park rules
and regulations in existence at the time the notice of termination of
tenancy was given as well as the health and safety standards
specified in Sections 18550, 18552, and 18605 of the Health and
Safety Code, and completes these repairs and corrective actions
within 90 calendar days of that notice, or before the date that the
mobilehome is sold, whichever is earlier.
(3) The legal owner, if any, or junior lienholder, if any,
complies with the requirements of Article 7 (commencing with Section
798.70) as it relates to the transfer of the mobilehome to a third
party.
(c) For purposes of subdivision (b), the "homeowner's
responsibilities and liabilities" means all rents, utilities,
reasonable maintenance charges of the mobilehome and its premises,
and reasonable maintenance of the mobilehome and its premises
pursuant to existing park rules and regulations.
(d) If the homeowner files for bankruptcy, the periods set forth
in this section are tolled until the mobilehome is released from
bankruptcy.
(e) (1) Notwithstanding any other provision of law, including, but
not limited to, Section 18099.5 of the Health and Safety Code, if
neither the legal owner nor a junior lienholder notifies the
management of its decision pursuant to subdivision (a) within the
period allowed, or performs as agreed within 30 days, or if a
registered owner of a mobilehome, that is not encumbered by a lien
held by a legal owner or a junior lienholder, fails to comply with a
notice of termination and is either legally evicted or vacates the
premises, the management may either remove the mobilehome from the
premises and place it in storage or store it on its site. In this
case, notwithstanding any other provision of law, the management
shall have a warehouse lien in accordance with Section 7209 of the
Commercial Code against the mobilehome for the costs of dismantling
and moving, if appropriate, as well as storage, that shall be
superior to all other liens, except the lien provided for in Section
18116.1 of the Health and Safety Code, and may enforce the lien
pursuant to Section 7210 of the Commercial Code either after the date
of judgment in an unlawful detainer action or after the date the
mobilehome is physically vacated by the resident, whichever occurs
earlier. Upon completion of any sale to enforce the warehouse lien in
accordance with Section 7210 of the Commercial Code, the management
shall provide the purchaser at the sale with evidence of the sale, as
shall be specified by the Department of Housing and Community
Development, that shall, upon proper request by the purchaser of the
mobilehome, register title to the mobilehome to this purchaser,
whether or not there existed a legal owner or junior lienholder on
this title to the mobilehome.
(2) (A) Notwithstanding any other law, if the management of a
mobilehome park acquires a mobilehome after enforcing the warehouse
lien and files a notice of disposal pursuant to subparagraph (B) with
the Department of Housing and Community Development to designate the
mobilehome for disposal, management or any other person enforcing
this warehouse lien shall not be required to pay past or current
vehicle license fees required by Section 18115 of the Health and
Safety Code or obtain a tax clearance certificate, as set forth in
Section 5832 of the Revenue and Taxation Code, provided that
management notifies the county tax collector in the county in which
the mobilehome is located of management's intent to apply to have the
mobilehome designated for disposal after a warehouse lien sale. The
written notice shall be sent to the county tax collector no less than
30 days after the date of the sale to enforce the lien against the
mobilehome by first class mail, postage prepaid.
(B) (i) In order to dispose of a mobilehome after a warehouse lien
sale, the management shall file a notice of disposal with the
Department of Housing and Community Development in the form and
manner as prescribed by the department, no less than 30 days after
the date of sale to enforce the lien against the mobilehome.
(ii) After filing a notice of disposal pursuant to clause (i), the
management may dispose of the mobilehome after obtaining the
information required by applicable laws.
(C) (i) Within 30 days of the date of the disposal of the
mobilehome, the management shall submit to the Department of Housing
and Community Development all of the following information required
for completing the disposal process:
(I) Photographs identifying and demonstrating that the mobilehome
was uninhabitable by the removal or destruction of all appliances and
fixtures such as ovens, stoves, bathroom fixtures, and heating or
cooling appliances prior to its being moved.
(II) A statement of facts as to the condition of the mobilehome
when moved, the date it was moved, and the anticipated site of
further dismantling or disposal.
(III) The name, address, and license number of the person or
entity removing the mobilehome from the mobilehome park.
(ii) The information required pursuant to clause (i) shall be
submitted under penalty of perjury.
(D) For purposes of this paragraph, "dispose" or "disposal" shall
mean the removal and destruction of an abandoned mobilehome from a
mobilehome park, thus making it unusable for any purpose and not
subject to, or eligible for, use in the future as a mobilehome.
(f) All written notices required by this section, except the
notice in paragraph (2) of subdivision (e), shall be sent to the
other party by certified or registered mail with return receipt
requested.
(g) Satisfaction, pursuant to this section, of the homeowner's
accrued or accruing responsibilities and liabilities shall not cure
the default of the homeowner.
SEC. 3. Section 798.61 of the Civil Code is amended to read:
798.61. (a) (1) As used in this section, "abandoned mobilehome"
means a mobilehome about which all of the following are true:
(A) It is located in a mobilehome park on a site for which no rent
has been paid to the management for the preceding 60 days.
(B) It is unoccupied.
(C) A reasonable person would believe it to be abandoned.
(D) It is not permanently affixed to the land.
(2) As used in this section:
(A) "Mobilehome" shall include a trailer coach, as defined in
Section 635 of the Vehicle Code, or a recreational vehicle, as
defined in Section 18010 of the Health and Safety Code, if the
trailer coach or recreational vehicle also satisfies the requirements
of paragraph (1), including being located on any site within a
mobilehome park, even if the site is in a separate designated section
pursuant to Section 18215 of the Health and Safety Code.
(B) "Abandoned mobilehome" shall include a mobilehome that is
uninhabitable because of its total or partial destruction that cannot
be rehabilitated, if the mobilehome also satisfies the requirements
of paragraph (1).
(C) "Dispose" or "disposal" shall mean the removal and destruction
of an abandoned mobilehome from a mobilehome park, thus making it
unusable for any purpose and not subject to, or eligible for, use in
the future as a mobilehome.
(b) After determining a mobilehome in a mobilehome park to be an
abandoned mobilehome, the management shall post a notice of belief of
abandonment on the mobilehome for not less than 30 days, and shall
deposit copies of the notice in the United States mail, postage
prepaid, addressed to the homeowner at the last known address and to
any known registered owner, if different from the homeowner, and to
any known holder of a security interest in the abandoned mobilehome.
This notice shall be mailed by registered or certified mail with a
return receipt requested.
(c) (1) Thirty or more days following posting pursuant to
subdivision (b), the management may file a petition in the superior
court in the county in which the mobilehome park is located, for a
judicial declaration of abandonment of the mobilehome. A proceeding
under this subdivision is a limited civil case. Copies of the
petition shall be served upon the homeowner, any known registered
owner, and any known person having a lien or security interest of
record in the mobilehome by posting a copy on the mobilehome and
mailing copies to those persons at their last known addresses by
registered or certified mail with a return receipt requested in the
United States mail, postage prepaid.
(2) To dispose of an abandoned mobilehome pursuant to subdivision
(f), the management shall also do all of the following:
(A) Declare in the petition that the management will dispose of
the abandoned mobilehome, and therefore will not seek a tax clearance
certificate as set forth in Section 5832 of the Revenue and Taxation
Code.
(B) Declare in the petition whether the management intends to sell
the contents of the abandoned mobilehome before its disposal.
(C) Notify the county tax collector in the county in which the
mobilehome park is located of the declaration that management will
dispose of the abandoned mobilehome by sending a copy of the petition
by first class mail.
(D) Declare in the petition that management intends to file a
notice of disposal with the Department of Housing and Community
Development and complete the disposal process consistent with the
requirements of subdivision (f).
(d) (1) Hearing on the petition shall be given precedence over
other matters on the court's calendar.
(2) If, at the hearing, the petitioner shows by a preponderance of
the evidence that the criteria for an abandoned mobilehome has been
satisfied and no party establishes an interest therein at the hearing
and tenders all past due rent and other charges, the court shall
enter a judgment of abandonment, determine the amount of charges to
which the petitioner is entitled, and award attorney's fees and costs
to the petitioner. For purposes of this subdivision, an interest in
the mobilehome shall be established by evidence of a right to
possession of the mobilehome or a security or ownership interest in
the mobilehome.
(3) A default may be entered by the court clerk upon request of
the petitioner, and a default judgment shall be thereupon entered, if
no responsive pleading is filed within 15 days after service of the
petition by mail.
(e) To sell an abandoned mobilehome, the management shall do all
of the following:
(1) (A) Within 10 days following a judgment of abandonment, the
management shall enter the abandoned mobilehome and complete an
inventory of the contents and submit the inventory to the court.
(B) During this period the management shall post and mail a notice
of intent to sell the abandoned mobilehome and its contents under
this section, and announcing the date of sale, in the same manner as
provided for the notice of determination of abandonment under
subdivision (b). The management shall also provide notice to the
county tax collector in the county in which the mobilehome park is
located.
(C) At any time prior to the sale of an abandoned mobilehome or
its contents under this section, any person having a right to
possession of the abandoned mobilehome may recover and remove it from
the premises upon payment to the management of all rent or other
charges due, including reasonable costs of storage and other costs
awarded by the court. Upon receipt of this payment and removal of the
abandoned mobilehome from the premises pursuant to this paragraph,
the management shall immediately file an acknowledgment of
satisfaction of judgment pursuant to Section 724.030 of the Code of
Civil Procedure.
(2) Following the judgment of abandonment, but not less than 10
days following the notice of sale specified in paragraph (1), the
management may conduct a public sale of the abandoned mobilehome, its
contents, or both. The management may bid at the sale and shall have
the right to offset its bids to the extent of the total amount due
it under this section. The proceeds of the sale shall be retained by
the management, but any unclaimed amount thus retained over and above
the amount to which the management is entitled under this section
shall be deemed abandoned property and shall be paid into the
treasury of the county in which the sale took place within 30 days of
the date of the sale. The former homeowner or any other owner may
claim any or all of that unclaimed amount within one year from the
date of payment to the county by making application to the county
treasurer or other official designated by the county. If the county
pays any or all of that unclaimed amount to a claimant, neither the
county nor any officer or employee of the county is liable to any
other claimant as to the amount paid.
(3) Within 30 days of the date of the sale, the management shall
submit to the court an accounting of the moneys received from the
sale and the disposition of the money and the items contained in the
inventory submitted to the court pursuant to paragraph (1).
(4) The management shall provide the purchaser at the sale of an
abandoned mobilehome with a copy of the judgment of abandonment and
evidence of the sale, as shall be specified by the Department of
Housing and Community Development, which shall register title in the
abandoned mobilehome to the purchaser upon presentation thereof
within 20 days of purchase. The sale shall pass title to the
purchaser free of any prior interest, including any security interest
or lien, except the lien provided for in Section 18116.1 of the
Health and Safety Code, in the abandoned mobilehome.
(f) To dispose of an abandoned mobilehome, the management shall do
all of the following:
(1) (A) Within 10 days following a judgment of abandonment, the
management shall enter the abandoned mobilehome and complete an
inventory of the contents and submit the inventory to the court.
(B) Within 10 days following a judgment of abandonment, the
management shall post and mail a notice of intent to dispose of the
abandoned mobilehome and its contents under this section, and
announcing the date of disposal, in the same manner as provided for
the notice of determination of abandonment under subdivision (b). The
management shall also provide notice to the county tax collector in
the county in which the mobilehome park is located.
(C) (i) Within 30 days following a judgment of abandonment, the
management shall file a notice of disposal with the Department of
Housing and Community Development in the form and manner as
prescribed by the department.
(ii) Notwithstanding any other law, when filing a notice of
disposal pursuant to clause (i), the management shall not be required
to pay past or current vehicle license fees required by Section
18115 of the Health and Safety Code or obtain a tax clearance
certificated as set forth in Section 5832 of the Revenue and Taxation
Code, provided that the management notifies the county tax collector
in the county in which the mobilehome is located of the management's
intent to apply to have the mobilehome designated for disposal
pursuant to this subdivision. The written notice shall be sent to the
county tax collector no less than 10 days after the date of the
abandonment judgment by first class mail, postage prepaid.
(D) At any time prior to the disposal of an abandoned mobilehome
or its contents under this section, any person having a right to
possession of the abandoned mobilehome may recover and remove it from
the premises upon payment to the management of all rent or other
charges due, including reasonable costs of storage and other costs
awarded by the court. Upon receipt of this payment and removal of the
abandoned mobilehome from the premises pursuant to this
subparagraph, the management shall immediately file an acknowledgment
of satisfaction of judgment pursuant to Section 724.030 of the Code
of Civil Procedure and a cancellation of the notice of disposal with
the Department of Housing and Community Development.
(2) Following the judgment of abandonment and approval of the
notice of disposal by the Department of Housing and Community
Development, but not less than 10 days following the notice of
disposal specified in paragraph (1), the management may dispose of
the abandoned mobilehome after obtaining the information required in
subparagraph (A) of paragraph (3).
(3) (A) Within 30 days of the date of the disposal of an abandoned
mobilehome and its contents, the management shall do both of the
following:
(i) Submit to the court and the county tax collector in the county
in which the mobilehome park is located a statement that the
abandoned mobilehome and its contents were disposed with supporting
documentation.
(ii) (I) Submit to the Department of Housing and Community
Development all of the following information required for completing
the disposal process:
(ia) Photographs identifying and demonstrating that the mobilehome
was uninhabitable by the removal or destruction of all appliances
and fixtures such as ovens, stoves, bathroom fixtures, and heating or
cooling appliances prior to its being moved.
(ib) A statement of facts as to the condition of the mobilehome
when moved, the date it was moved, and the anticipated site of
further dismantling or disposal.
(ic) The name, address, and license number of the person or entity
removing the mobilehome from the mobilehome park.
(II) The information required pursuant to subclause (I) shall be
submitted under penalty of perjury.
(B) Within 30 days of the date of the disposal of an abandoned
mobilehome or the date of the sale of its contents, whichever date is
later, the management shall submit to the court and the county tax
collector in the county in which the mobilehome park is located an
accounting of the moneys received from the sale and the disposition
of the money and the items contained in the inventory submitted to
the court pursuant to paragraph (1) and a statement that the
abandoned mobilehome was disposed with supporting documentation.
(g) Notwithstanding any other law, the management shall not be
required to obtain a tax clearance certificate, as set forth in
Section 5832 of the Revenue and Taxation Code, to dispose of an
abandoned mobilehome and its contents pursuant to subdivision (f).
However, any sale pursuant to this section shall be subject to the
registration requirements of Section 18100.5 of the Health and Safety
Code and the tax clearance certificate requirements of Section
18092.7 of the Health and Safety Code.
(h) Notwithstanding any other law, forms and procedures made
available for the implementation of Chapter 376 of the Statutes of
2015 shall not be subject to Chapter 4.5 (commencing with Section
11400) of Part 1 of Division 3 of Title 2 of the Government Code.
SEC. 4. Section 1952.7 of the Civil Code is amended to read:
1952.7. (a) (1) Any term in a lease that is executed, renewed, or
extended on or after January 1, 2015, that conveys any possessory
interest in commercial property that either prohibits or unreasonably
restricts the installation or use of an electric vehicle charging
station in a parking space associated with the commercial property,
or that is otherwise in conflict with the provisions of this section,
is void and unenforceable.
(2) This subdivision does not apply to provisions that impose
reasonable restrictions on the installation of electric vehicle
charging stations. However, it is the policy of the state to promote,
encourage, and remove obstacles to the use of electric vehicle
charging stations.
(3) This subdivision shall not grant the holder of a possessory
interest under the lease described in paragraph (1) the right to
install electric vehicle charging stations in more parking spaces
than are allotted to the leaseholder in his or her lease, or, if no
parking spaces are allotted, a number of parking spaces determined by
multiplying the total number of parking spaces located at the
commercial property by a fraction, the denominator of which is the
total rentable square feet at the property, and the numerator of
which is the number of total square feet rented by the leaseholder.
(4) If the installation of an electric vehicle charging station
has the effect of granting the leaseholder a reserved parking space
and a reserved parking space is not allotted to the leaseholder in
the lease, the owner of the commercial property may charge a
reasonable monthly rental amount for the parking space.
(b) This section shall not apply to any of the following:
(1) A commercial property where charging stations already exist
for use by tenants in a ratio that is equal to or greater than 2
available parking spaces for every 100 parking spaces at the
commercial property.
(2) A commercial property where there are less than 50 parking
spaces.
(c) For purposes of this section:
(1) "Electric vehicle charging station" or "charging station"
means a station that is designed in compliance with Article 625 of
the California Electrical Code, as it reads on the effective date of
this section, and delivers electricity from a source outside an
electric vehicle into one or more electric vehicles.
(2) "Reasonable costs" includes, but is not limited to, costs
associated with those items specified in the "Permitting Checklist"
of the "Zero-Emission Vehicles in California: Community Readiness
Guidebook" published by the Office of Planning and Research.
(3) "Reasonable restrictions" or "reasonable standards" are
restrictions or standards that do not significantly increase the cost
of the electric vehicle charging
station or its installation or significantly decrease the
charging station's efficiency or specified performance.
(d) An electric vehicle charging station shall meet applicable
health and safety standards and requirements imposed by state and
local authorities as well as all other applicable zoning, land use,
or other ordinances, or land use permit requirements.
(e) If lessor approval is required for the installation or use of
an electric vehicle charging station, the application for approval
shall not be willfully avoided or delayed. The approval or denial of
an application shall be in writing.
(f) An electric vehicle charging station installed by a lessee
shall satisfy the following provisions:
(1) If lessor approval is required, the lessee first shall obtain
approval from the lessor to install the electric vehicle charging
station and the lessor shall approve the installation if the lessee
complies with the applicable provisions of the lease consistent with
the provisions of this section and agrees in writing to do all of the
following:
(A) Comply with the lessor's reasonable standards for the
installation of the charging station.
(B) Engage a licensed contractor to install the charging station.
(C) Within 14 days of approval, provide a certificate of insurance
that names the lessor as an additional insured under the lessee's
insurance policy in the amount set forth in paragraph (3).
(2) The lessee shall be responsible for all of the following:
(A) Costs for damage to property and the charging station
resulting from the installation, maintenance, repair, removal, or
replacement of the charging station.
(B) Costs for the maintenance, repair, and replacement of the
charging station.
(C) The cost of electricity associated with the charging station.
(3) The lessee at all times, shall maintain a lessee liability
coverage policy in the amount of one million dollars ($1,000,000),
and shall name the lessor as a named additional insured under the
policy with a right to notice of cancellation and property insurance
covering any damage or destruction caused by the charging station,
naming the lessor as its interests may appear.
(g) A lessor may, in its sole discretion, create a new parking
space where one did not previously exist to facilitate the
installation of an electric vehicle charging station, in compliance
with all applicable laws.
(h) Any installation by a lessor or a lessee of an electric
vehicle charging station in a common interest development is also
subject to all of the requirements of subdivision (f) of Section
4745.
SEC. 5. Chapter 2.5 (commencing with Section 1954.10) is added to
Title 5 of Part 4 of Division 3 of the Civil Code, to read:
CHAPTER 2.5. TRANSITIONAL HOUSING PARTICIPANT MISCONDUCT
Article 1. General Provisions and Definitions
1954.10. This chapter shall be known and may be cited as the
Transitional Housing Participant Misconduct Act.
1954.11. In enacting this chapter, it is the intent of the
Legislature to prevent the recurrence of acts of substantial
disruption or violence by participants in transitional housing
programs against other such participants, program staff, or immediate
neighbors of the participants.
1954.12. The following definitions shall govern the construction
of this chapter:
(a) "Abuse" means intentionally or recklessly causing or
attempting to cause bodily injury, or sexual assault or placing
another person in reasonable apprehension of imminent serious bodily
injury to himself, herself, or another, where the injured person is
another participant, program operator's staff, or a person residing
within 100 feet of the program site.
(b) "Homeless person" means an individual or family who, prior to
participation in a transitional housing program, either lacked a
fixed, regular, and adequate nighttime residence or had a primary
nighttime residence, that was one of the following:
(1) A supervised publicly or privately operated shelter designed
to provide temporary living accommodations, including, but not
limited to, welfare hotels, congregate shelters, and transitional
housing for the mentally ill.
(2) An institution that provides a temporary residence for
individuals intended to be institutionalized.
(3) A public or private place not designed for, or ordinarily used
as, a regular sleeping accommodation for human beings.
(c) "Participant" means a homeless person under contract with a
program operator to participate in a transitional housing program and
to use a dwelling unit in the program site. For the purposes of
naming a defendant under this part, or a person to be protected under
this part, "participant" shall include a person living with a
participant at the program site. The contract shall specifically
include the transitional housing program rules and regulations, a
statement of the program operator's right of control over and access
to the program unit occupied by the participant, and a restatement of
the requirements and procedures of this chapter.
(d) "Program misconduct" means any intentional violation of the
transitional housing program rules and regulations which (1)
substantially interferes with the orderly operation of the
transitional housing program, and (2) relates to drunkenness on the
program site, unlawful use or sale of controlled substances, theft,
arson, or destruction of the property of the program operator,
persons living within 100 feet of the program site, program
employees, or other participants, or (3) relates to violence or
threats of violence, and harassment of persons living within 100 feet
of the program site, program employees, or of other participants.
(e) "Program operator" means a governmental agency, or private
nonprofit corporation receiving any portion of its transitional
housing program funds from a governmental agency, which is operating
a transitional housing program. "Program operator" also includes any
other manager or operator hired by a governmental agency or nonprofit
corporation to operate its transitional housing program.
(f) "Program site" means the real property containing a dwelling
unit, the use of which is granted to a participant, and other
locations where program activities or services are carried out or
provided, subject to the participant's compliance with the
transitional housing program rules and regulations.
(g) "Transitional housing program" means any program which is
designed to assist homeless persons in obtaining skills necessary for
independent living in permanent housing and which has all of the
following components:
(1) Comprehensive social service programs which include regular
individualized case management services and which may include alcohol
and drug abuse counseling, self-improvement education, employment
and training assistance services, and independent living skills
development.
(2) Use of a program unit as a temporary housing unit in a
structured living environment which use is conditioned upon
compliance with the transitional housing program rules and
regulations.
(3) A rule or regulation which specifies an occupancy period of
not less than 30 days, but not more than 24 months.
Article 2. Temporary Restraining Order and Injunction
1954.13. (a) The program operator may seek, on its own behalf or
on behalf of other participants, project employees, or persons
residing within 100 feet of the program site, a temporary restraining
order and an injunction prohibiting abuse or program misconduct as
provided in this chapter. A program operator may not seek a temporary
restraining order, pursuant to this section, against a participant
after the participant has been under contract with the program
operator for at least six months or longer, except when an action is
pending against the participant or a temporary restraining order is
in effect and subject to further orders. Nothing in this section
shall be construed to authorize a person residing within 100 feet of
the program site to seek a temporary restraining order or injunction
under this chapter.
(b) Upon filing a petition for an injunction under this chapter,
the program operator may obtain a temporary restraining order in
accordance with the provisions of this section. No temporary
restraining order shall be issued without notice to the opposite
party, unless it shall appear from the facts shown by the affidavit
that great or irreparable harm would result to the program operator,
a program participant, or an individual residing within 100 feet of
the program site before the matter can be heard on notice. The
program operator or the program operator's attorney shall state in an
affidavit to the court (1) that within a reasonable time prior to
the application for a temporary restraining order he or she informed
the opposing party or his or her attorney at what time and where the
application would be made, (2) that he or she in good faith attempted
to so inform the opposing party and his or her attorney but was
unable to so inform the opposing attorney or his or her party,
specifying the efforts made to contact them, or (3) that for reasons
specified he or she should not be required to inform the opposing
party or his or her attorney.
A temporary restraining order may be granted upon an affidavit
which, to the satisfaction of the court, shows reasonable proof of
program misconduct or abuse by the participant, and that great or
irreparable harm would result. A temporary restraining order granted
under this section shall remain in effect, at the court's discretion,
for a period not to exceed five days, unless otherwise modified,
extended, or terminated by the court.
(c) The matter shall be made returnable on an order requiring
cause to be shown why the injunction should not be granted, not later
than five days from the date of the order. When the matter comes up
for hearing, the party who obtained the temporary restraining order
shall be ready to proceed and shall have personally served upon the
opposite party at least two days prior to the hearing, a copy of the
petition, a copy of the temporary restraining order, if any, the
notice of hearing, copies of all affidavits to be used in the
application, and a copy of any points and authorities in support of
the petition. If the party who obtained the temporary restraining
order is not ready, or if he or she fails to serve a copy of his or
her petition, affidavits, and points and authorities, as herein
required, the court shall dissolve the temporary restraining order.
The court may, upon the filing of an affidavit by the program
operator or his or her attorney, that the participant could not be
served on time, reissue any temporary restraining order previously
issued pursuant to this section and dissolved by the court for
failure to serve the participant. An order reissued under this
section shall state on its face the new date of expiration of the
order. No fees shall be charged for the reissuance of any order under
this section. The participant shall be entitled to a continuance,
provided that the request is made on or before the hearing date and
the hearing shall be set for a date within 15 days of the
application, unless the participant requests a later date. The court
may extend, or modify and extend, any temporary restraining order
until the date and time upon which the hearing is held. The
participant may file a response which explains, excuses, justifies,
or denies the alleged conduct. No fee shall be charged for the filing
of a response. At the hearing, the judge shall receive any testimony
or evidence that is relevant, and may make an independent inquiry.
If the judge finds by clear and convincing evidence that program
misconduct or abuse exists, an injunction shall issue prohibiting
that conduct. An injunction issued pursuant to this section shall
have a duration of not more than one year. At any time within the
three months before the expiration of the injunction, the program
operator may apply for renewal of the injunction by filing a new
petition for an injunction under this section.
(d) In addition to orders restraining abuse, the court may, upon
clear and convincing evidence of abuse, issue an order excluding the
participant from the program site, or restraining the participant
from coming within 200 feet of the program site, upon an affidavit
which, to the satisfaction of the court, shows clear and convincing
evidence of abuse of a project employee, another participant, or a
person who resides within 100 feet of the program site, by the
participant and that great or irreparable injury would result to one
of these individuals if the order is not issued. An order excluding
the participant from the program site may be included in the
temporary restraining order only in an emergency where it is
necessary to protect another participant, a project employee, or an
individual who lives within 100 feet of the project site from
imminent serious bodily injury.
(e) Nothing in this chapter shall preclude either party from
representation by private counsel or from appearing on his or her own
behalf.
(f) The notice of hearing specified in subdivision (c) shall
contain on its face the name and phone number of an office funded by
the federal Legal Services Corporation which provides legal services
to low-income persons in the county in which the action is filed. The
notice shall indicate that this number may be called for legal
advice concerning the filing of a response to the petition.
(g) Nothing in this chapter shall preclude the program operator's
right to utilize other existing civil remedies. An order issued under
this section shall not affect the rights of anyone not named in the
order.
1954.14. (a) The clerk shall transmit a copy of each temporary
restraining order or injunction or modification or termination
thereof, granted under this chapter, by the close of the business day
on which the order was granted, to the law enforcement agencies
having jurisdiction over the program site. Each law enforcement
agency may make available information as to the existence and current
status of these orders to law enforcement officers responding to the
scene of reported abuse or program misconduct.
(b) Any willful disobedience of any temporary restraining order or
injunction granted under this section shall be a misdemeanor
pursuant to Section 166 of the Penal Code.
(c) If a participant is found in contempt of a court order issued
pursuant to this section, the court may, in addition to any other
punishment, modify the order to exclude the participant from the
program site.
1954.15. If a participant has violated an order issued under
Section 1954.13, the participant shall be considered to have failed
to perform the conditions of the agreement under which the property
is held as provided in subsection 3 of Section 1161 of the Code of
Civil Procedure, which conditions cannot afterward be performed.
1954.16. The Judicial Council shall promulgate forms and related
instructions to implement the procedures required by this chapter.
The petition and response forms shall be simple and concise.
Article 3. Recovery of Dwelling
1954.17. If, after hearing pursuant to this chapter, an order
excluding the participant from the program site is issued, the
program operator may, without further notice, take possession of the
participant's dwelling unit on the program site. The program operator
shall have the same rights to the dwelling unit as if it had been
recovered after abandonment in accordance with Section 1951.3 and
without objection of the participant. If other participants,
including the defendant participant's family members, reside in the
dwelling unit, the abandonment shall be deemed only to affect the
rights of the individual or individuals against whom the order was
issued.
1954.18. If the program operator takes possession of the
property, pursuant to this article, the program operator shall give
the subject participant a reasonable opportunity to remove the
participant's property from his or her dwelling unit on the program
site, and, thereafter, the program operator may consider the
remaining subject participant's property to be abandoned property
pursuant to Chapter 5 (commencing with Section 1980).
SEC. 6. Section 4270 of the Civil Code is amended to read:
4270. (a) A declaration may be amended pursuant to the
declaration or this act. Except where an alternative process for
approving, certifying, or recording an amendment is provided in
Section 4225, 4230, 4235, or 4275, an amendment is effective after
all of the following requirements have been met:
(1) The amendment has been approved by the percentage of members
required by the declaration and any other person whose approval is
required by the declaration.
(2) That fact has been certified in a writing executed and
acknowledged by the officer designated in the declaration or by the
association for that purpose, or if no one is designated, by the
president of the association.
(3) The amendment has been recorded in each county in which a
portion of the common interest development is located.
(b) If the declaration does not specify the percentage of members
who must approve an amendment of the declaration, an amendment may be
approved by a majority of all members, pursuant to Section 4065.
SEC. 7. Section 4750.10 of the Civil Code is amended and
renumbered to read:
4753. (a) For the purposes of this section, "clothesline"
includes a cord, rope, or wire from which laundered items may be hung
to dry or air. A balcony, railing, awning, or other part of a
structure or building shall not qualify as a clothesline.
(b) For the purposes of this section, "drying rack" means an
apparatus from which laundered items may be hung to dry or air. A
balcony, railing, awning, or other part of a structure or building
shall not qualify as a drying rack.
(c) Any provision of a governing document, as defined in Section
4150, shall be void and unenforceable if it effectively prohibits or
unreasonably restricts an owner's ability to use a clothesline or
drying rack in the owner's backyard.
(d) (1) This section does not apply to provisions that impose
reasonable restrictions on an owner's backyard for the use of a
clothesline or drying rack.
(2) For purposes of this section, "reasonable restrictions" are
restrictions that do not significantly increase the cost of using a
clothesline or drying rack.
(3) This section applies only to backyards that are designated for
the exclusive use of the owner.
(e) Nothing in this section shall prohibit an association from
establishing and enforcing reasonable rules governing clotheslines or
drying racks.
SEC. 8. Section 5570 of the Civil Code is amended to read:
5570. (a) The disclosures required by this article with regard to
an association or a property shall be summarized on the following
form:
Assessment and Reserve Funding Disclosure Summary For the Fiscal
Year Ending _____
(1) The regular assessment per ownership interest is $_____ per
____. Note: If assessments vary by the size or type of ownership
interest, the assessment applicable to this ownership interest may be
found on page _____ of the attached summary.
(2) Additional regular or special assessments that have already
been scheduled to be imposed or charged, regardless of the purpose,
if they have been approved by the board and/or members:
+---------------+----------------+-----------------+
| | Amount per | |
| | ownership | |
| | interest per | |
| | month or year | |
| | (If assessments| |
| | are variable, | |
| | see | |
| Date | note | |
| assessment | immediately | Purpose of|
| will be due: | below): | the assessment: |
+---------------+----------------+-----------------+
| | | |
+---------------+----------------+-----------------+
| | | |
+---------------+----------------+-----------------+
| | | |
+---------------+----------------+-----------------+
| |Total: | |
+---------------+----------------+-----------------+
Note: If assessments vary by the size or type of ownership
interest, the assessment applicable to this ownership interest may be
found on page ____ of the attached report.
(3) Based upon the most recent reserve study and other
information available to the board of directors, will currently
projected reserve account balances be sufficient at the end of each
year to meet the association's obligation for repair and/or
replacement of major components during the next 30 years?
Yes _____ No _____
(4) If the answer to (3) is no, what additional assessments or
other contributions to reserves would be necessary to ensure that
sufficient reserve funds will be available each year during the next
30 years that have not yet been approved by the board or the members?
+------------------+-------------+
| | Amount per |
| | ownership |
| Approximate date | interest |
| assessment | per month or|
| will be due: | year: |
+------------------+-------------+
| | |
+------------------+-------------+
| | |
+------------------+-------------+
| | |
+------------------+-------------+
| | |
+------------------+-------------+
| |Total: |
+------------------+-------------+
(5) All major components are included in the reserve study and are
included in its calculations.
(6) Based on the method of calculation in paragraph (4) of
subdivision (b) of Section 5570, the estimated amount required in the
reserve fund at the end of the current fiscal year is $____, based
in whole or in part on the last reserve study or update prepared by
____ as of ____ (month), ____ (year). The projected reserve fund cash
balance at the end of the current fiscal year is $____, resulting in
reserves being ____ percent funded at this date.
If an alternate, but generally accepted, method of calculation is
also used, the required reserve amount is $____. (See attached
explanation)
(7) Based on the method of calculation in paragraph (4) of
subdivision (b) of Section 5570 of the Civil Code, the estimated
amount required in the reserve fund at the end of each of the next
five budget years is $______, and the projected reserve fund cash
balance in each of those years, taking into account only assessments
already approved and other known revenues, is $______, leaving the
reserve at ______ percent funded. If the reserve funding plan
approved by the association is implemented, the projected reserve
fund cash balance in each of those years will be $______, leaving the
reserve at ______ percent funded.
Note: The financial representations set forth in this summary are
based on the best estimates of the preparer at that time. The
estimates are subject to change. At the time this summary was
prepared, the assumed long-term before-tax interest rate earned on
reserve funds was ____ percent per year, and the assumed long-term
inflation rate to be applied to major component repair and
replacement costs was ____ percent per year.
(b) For the purposes of preparing a summary pursuant to this
section:
(1) "Estimated remaining useful life" means the time reasonably
calculated to remain before a major component will require
replacement.
(2) "Major component" has the meaning used in Section 5550.
Components with an estimated remaining useful life of more than 30
years may be included in a study as a capital asset or disregarded
from the reserve calculation, so long as the decision is revealed in
the reserve study report and reported in the Assessment and Reserve
Funding Disclosure Summary.
(3) The form set out in subdivision (a) shall accompany each
annual budget report or summary thereof that is delivered pursuant to
Section 5300. The form may be supplemented or modified to clarify
the information delivered, so long as the minimum information set out
in subdivision (a) is provided.
(4) For the purpose of the report and summary, the amount of
reserves needed to be accumulated for a component at a given time
shall be computed as the current cost of replacement or repair
multiplied by the number of years the component has been in service
divided by the useful life of the component. This shall not be
construed to require the board to fund reserves in accordance with
this calculation.
SEC. 9. Section 12955.9 of the Government Code is amended to read:
12955.9. (a) The provisions of this part relating to
discrimination on the basis of familial status shall not apply to
housing for older persons.
(b) As used in this section, "housing for older persons" means any
of the following:
(1) Housing provided under any state or federal program that the
Secretary of Housing and Urban Development determines is specifically
designed and operated to assist elderly persons, as defined in the
state or federal program.
(2) Housing that meets the standards for senior housing in
Sections 51.2, 51.3, and 51.4 of the Civil Code, except to the extent
that those standards violate the prohibition of familial status
discrimination in the federal Fair Housing Amendments Act of 1988
(Public Law 100-430) and implementing regulations.
(3) Mobilehome parks that meet the standards for "housing for
older persons" as defined in the federal Fair Housing Act, as amended
by Public Law 104-76, and implementing regulations.
(c) For purposes of this section, the burden of proof shall be on
the owner to prove that the housing qualifies as housing for older
persons.
SEC. 10. Section 65584.01 of the Government Code is amended to
read:
65584.01. (a) For the fourth and subsequent revision of the
housing element pursuant to Section 65588, the department, in
consultation with each council of governments, where applicable,
shall determine the existing and projected need for housing for each
region in the following manner:
(b) The department's determination shall be based upon population
projections produced by the Department of Finance and regional
population forecasts used in preparing regional transportation plans,
in consultation with each council of governments. If the total
regional population
forecast for the projection year, developed by the council of
governments and used for the preparation of the regional
transportation plan, is within a range of 3 percent of the total
regional population forecast for the projection year by the
Department of Finance, then the population forecast developed by the
council of governments shall be the basis from which the department
determines the existing and projected need for housing in the region.
If the difference between the total population projected by the
council of governments and the total population projected for the
region by the Department of Finance is greater than 3 percent, then
the department and the council of governments shall meet to discuss
variances in methodology used for population projections and seek
agreement on a population projection for the region to be used as a
basis for determining the existing and projected housing need for the
region. If no agreement is reached, then the population projection
for the region shall be the population projection for the region
prepared by the Department of Finance as may be modified by the
department as a result of discussions with the council of
governments.
(c) (1) At least 26 months prior to the scheduled revision
pursuant to Section 65588 and prior to developing the existing and
projected housing need for a region, the department shall meet and
consult with the council of governments regarding the assumptions and
methodology to be used by the department to determine the region's
housing needs. The council of governments shall provide data
assumptions from the council's projections, including, if available,
the following data for the region:
(A) Anticipated household growth associated with projected
population increases.
(B) Household size data and trends in household size.
(C) The rate of household formation, or headship rates, based on
age, gender, ethnicity, or other established demographic measures.
(D) The vacancy rates in existing housing stock, and the vacancy
rates for healthy housing market functioning and regional mobility,
as well as housing replacement needs.
(E) Other characteristics of the composition of the projected
population.
(F) The relationship between jobs and housing, including any
imbalance between jobs and housing.
(2) The department may accept or reject the information provided
by the council of governments or modify its own assumptions or
methodology based on this information. After consultation with the
council of governments, the department shall make determinations in
writing on the assumptions for each of the factors listed in
subparagraphs (A) to (F), inclusive, of paragraph (1) and the
methodology it shall use and shall provide these determinations to
the council of governments.
(d) (1) After consultation with the council of governments, the
department shall make a determination of the region's existing and
projected housing need based upon the assumptions and methodology
determined pursuant to subdivision (c). The region's existing and
projected housing need shall reflect the achievement of a feasible
balance between jobs and housing within the region using the regional
employment projections in the applicable regional transportation
plan. Within 30 days following notice of the determination from the
department, the council of governments may file an objection to the
department's determination of the region's existing and projected
housing need with the department.
(2) The objection shall be based on and substantiate either of the
following:
(A) The department failed to base its determination on the
population projection for the region established pursuant to
subdivision (b), and shall identify the population projection which
the council of governments believes should instead be used for the
determination and explain the basis for its rationale.
(B) The regional housing need determined by the department is not
a reasonable application of the methodology and assumptions
determined pursuant to subdivision (c). The objection shall include a
proposed alternative determination of its regional housing need
based upon the determinations made in subdivision (c), including
analysis of why the proposed alternative would be a more reasonable
application of the methodology and assumptions determined pursuant to
subdivision (c).
(3) If a council of governments files an objection pursuant to
this subdivision and includes with the objection a proposed
alternative determination of its regional housing need, it shall also
include documentation of its basis for the alternative
determination. Within 45 days of receiving an objection filed
pursuant to this section, the department shall consider the objection
and make a final written determination of the region's existing and
projected housing need that includes an explanation of the
information upon which the determination was made.
SEC. 11. Section 65863.10 of the Government Code is amended to
read:
65863.10. (a) As used in this section, the following terms have
the following meanings:
(1) "Affected public entities" means the mayor of the city in
which the assisted housing development is located, or, if located in
an unincorporated area, the chair of the board of supervisors of the
county; the appropriate local public housing authority, if any; and
the Department of Housing and Community Development.
(2) "Affected tenant" means a tenant household residing in an
assisted housing development, as defined in paragraph (3), at the
time notice is required to be provided pursuant to this section, that
benefits from the government assistance.
(3) "Assisted housing development" means a multifamily rental
housing development that receives governmental assistance under any
of the following programs:
(A) New construction, substantial rehabilitation, moderate
rehabilitation, property disposition, and loan management set-aside
programs, or any other program providing project-based assistance,
under Section 8 of the United States Housing Act of 1937, as amended
(42 U.S.C. Sec. 1437f).
(B) The following federal programs:
(i) The Below-Market-Interest-Rate Program under Section 221(d)(3)
of the National Housing Act (12 U.S.C. Sec. 1715 l (d)(3)
and (5)).
(ii) Section 236 of the National Housing Act (12 U.S.C. Sec.
1715z-1).
(iii) Section 202 of the Housing Act of 1959 (12 U.S.C. Sec.
1701q).
(C) Programs for rent supplement assistance under Section 101 of
the Housing and Urban Development Act of 1965, as amended (12 U.S.C.
Sec. 1701s).
(D) Programs under Sections 514, 515, 516, 533, and 538 of the
Housing Act of 1949, as amended (42 U.S.C. Sec. 1485).
(E) Section 42 of the Internal Revenue Code.
(F) Section 142(d) of the Internal Revenue Code or its
predecessors (tax-exempt private activity mortgage revenue bonds).
(G) Section 147 of the Internal Revenue Code (Section 501(c)(3)
bonds).
(H) Title I of the Housing and Community Development Act of 1974,
as amended (Community Development Block Grant Program).
(I) Title II of the Cranston-Gonzalez National Affordable Housing
Act of 1990, as amended (HOME Investment Partnership Program).
(J) Titles IV and V of the McKinney-Vento Homeless Assistance Act
of 1987, as amended, including the Department of Housing and Urban
Development's Supportive Housing Program, Shelter Plus Care Program,
and surplus federal property disposition program.
(K) Grants and loans made by the Department of Housing and
Community Development, including the Rental Housing Construction
Program, CHRP-R, and other rental housing finance programs.
(L) Chapter 1138 of the Statutes of 1987.
(M) The following assistance provided by counties or cities in
exchange for restrictions on the maximum rents that may be charged
for units within a multifamily rental housing development and on the
maximum tenant income as a condition of eligibility for occupancy of
the unit subject to the rent restriction, as reflected by a recorded
agreement with a county or city:
(i) Loans or grants provided using tax increment financing
pursuant to the Community Redevelopment Law (Part 1 (commencing with
Section 33000) of Division 24 of the Health and Safety Code).
(ii) Local housing trust funds, as referred to in paragraph (3) of
subdivision (a) of Section 50843 of the Health and Safety Code.
(iii) The sale or lease of public property at or below market
rates.
(iv) The granting of density bonuses, or concessions or
incentives, including fee waivers, parking variances, or amendments
to general plans, zoning, or redevelopment project area plans,
pursuant to Chapter 4.3 (commencing with Section 65915).
Assistance pursuant to this subparagraph shall not include the use
of tenant-based Housing Choice Vouchers (Section 8(o) of the United
States Housing Act of 1937, 42 U.S.C. Sec. 1437f(o), excluding
subparagraph (13) relating to project-based assistance). Restrictions
shall not include any rent control or rent stabilization ordinance
imposed by a county, city, or city and county.
(4) "City" means a general law city, a charter city, or a city and
county.
(5) "Expiration of rental restrictions" means the expiration of
rental restrictions for an assisted housing development described in
paragraph (3) unless the development has other recorded agreements
restricting the rent to the same or lesser levels for at least 50
percent of the units.
(6) "Low or moderate income" means having an income as defined in
Section 50093 of the Health and Safety Code.
(7) "Prepayment" means the payment in full or refinancing of the
federally insured or federally held mortgage indebtedness prior to
its original maturity date, or the voluntary cancellation of mortgage
insurance, on an assisted housing development described in paragraph
(3) that would have the effect of removing the current rent or
occupancy or rent and occupancy restrictions contained in the
applicable laws and the regulatory agreement.
(8) "Termination" means an owner's decision not to extend or renew
its participation in a federal, state, or local government subsidy
program or private, nongovernmental subsidy program for an assisted
housing development described in paragraph (3), either at or prior to
the scheduled date of the expiration of the contract, that may
result in an increase in tenant rents or a change in the form of the
subsidy from project-based to tenant-based.
(9) "Very low income" means having an income as defined in Section
50052.5 of the Health and Safety Code.
(b) (1) At least 12 months prior to the anticipated date of the
termination of a subsidy contract, the expiration of rental
restrictions, or prepayment on an assisted housing development, the
owner proposing the termination or prepayment of governmental
assistance or the owner of an assisted housing development in which
there will be the expiration of rental restrictions shall provide a
notice of the proposed change to each affected tenant household
residing in the assisted housing development at the time the notice
is provided and to the affected public entities. An owner who meets
the requirements of Section 65863.13 shall be exempt from providing
that notice. The notice shall contain all of the following:
(A) In the event of termination, a statement that the owner
intends to terminate the subsidy contract or rental restrictions upon
its expiration date, or the expiration date of any contract
extension thereto.
(B) In the event of the expiration of rental restrictions, a
statement that the restrictions will expire, and in the event of
prepayment, termination, or the expiration of rental restrictions
whether the owner intends to increase rents during the 12 months
following prepayment, termination, or the expiration of rental
restrictions to a level greater than permitted under Section 42 of
the Internal Revenue Code.
(C) In the event of prepayment, a statement that the owner intends
to pay in full or refinance the federally insured or federally held
mortgage indebtedness prior to its original maturity date, or
voluntarily cancel the mortgage insurance.
(D) The anticipated date of the termination, prepayment of the
federal or other program or expiration of rental restrictions, and
the identity of the federal or other program described in subdivision
(a).
(E) A statement that the proposed change would have the effect of
removing the current low-income affordability restrictions in the
applicable contract or regulatory agreement.
(F) A statement of the possibility that the housing may remain in
the federal or other program after the proposed date of termination
of the subsidy contract or prepayment if the owner elects to do so
under the terms of the federal government's or other program operator'
s offer.
(G) A statement whether other governmental assistance will be
provided to tenants residing in the development at the time of the
termination of the subsidy contract or prepayment.
(H) A statement that a subsequent notice of the proposed change,
including anticipated changes in rents, if any, for the development,
will be provided at least six months prior to the anticipated date of
termination of the subsidy contract, or expiration of rental
restrictions, or prepayment.
(I) A statement of notice of opportunity to submit an offer to
purchase, as required in Section 65863.11.
(2) Notwithstanding paragraph (1), if an owner provides a copy of
a federally required notice of termination of a subsidy contract or
prepayment at least 12 months prior to the proposed change to each
affected tenant household residing in the assisted housing
development at the time the notice is provided and to the affected
public entities, the owner shall be deemed in compliance with this
subdivision, if the notice is in compliance with all federal laws.
However, the federally required notice does not satisfy the
requirements of Section 65863.11.
(c) (1) At least six months prior to the anticipated date of
termination of a subsidy contract, expiration of rental restrictions
or prepayment on an assisted housing development, the owner proposing
the termination or prepayment of governmental assistance or the
owner of an assisted housing development in which there will be the
expiration of rental restrictions shall provide a notice of the
proposed change to each affected tenant household residing in the
assisted housing development at the time the notice is provided and
to the affected public entities. An owner who meets the requirements
of Section 65863.13 shall be exempt from providing that notice.
(2) The notice to the tenants shall contain all of the following:
(A) The anticipated date of the termination or prepayment of the
federal or other program, or the expiration of rental restrictions,
and the identity of the federal or other program, as described in
subdivision (a).
(B) The current rent and rent anticipated for the unit during the
12 months immediately following the date of the prepayment or
termination of the federal or other program, or expiration of rental
restrictions.
(C) A statement that a copy of the notice will be sent to the
city, county, or city and county, where the assisted housing
development is located, to the appropriate local public housing
authority, if any, and to the Department of Housing and Community
Development.
(D) A statement of the possibility that the housing may remain in
the federal or other program after the proposed date of subsidy
termination or prepayment if the owner elects to do so under the
terms of the federal government's or other program administrator's
offer or that a rent increase may not take place due to the
expiration of rental restrictions.
(E) A statement of the owner's intention to participate in any
current replacement subsidy program made available to the affected
tenants.
(F) The name and telephone number of the city, county, or city and
county, the appropriate local public housing authority, if any, the
Department of Housing and Community Development, and a legal services
organization, that can be contacted to request additional written
information about an owner's responsibilities and the rights and
options of an affected tenant.
(3) In addition to the information provided in the notice to the
affected tenant, the notice to the affected public entities shall
contain information regarding the number of affected tenants in the
project, the number of units that are government assisted and the
type of assistance, the number of the units that are not government
assisted, the number of bedrooms in each unit that is government
assisted, and the ages and income of the affected tenants. The notice
shall briefly describe the owner's plans for the project, including
any timetables or deadlines for actions to be taken and specific
governmental approvals that are required to be obtained, the reason
the owner seeks to terminate the subsidy contract or prepay the
mortgage, and any contacts the owner has made or is making with other
governmental agencies or other interested parties in connection with
the notice. The owner shall also attach a copy of any federally
required notice of the termination of the subsidy contract or
prepayment that was provided at least six months prior to the
proposed change. The information contained in the notice shall be
based on data that is reasonably available from existing written
tenant and project records.
(d) The owner proposing the termination or prepayment of
governmental assistance or the owner of an assisted housing
development in which there will be the expiration of rental
restrictions shall provide additional notice of any significant
changes to the notice required by subdivision (c) within seven
business days to each affected tenant household residing in the
assisted housing development at the time the notice is provided and
to the affected public entities. "Significant changes" shall include,
but not be limited to, any changes to the date of termination or
prepayment, or expiration of rental restrictions or the anticipated
new rent.
(e) An owner who is subject to the requirements of this section
shall also provide a copy of any notices issued to existing tenants
pursuant to subdivision (b), (c), or (d) to any prospective tenant at
the time he or she is interviewed for eligibility.
(f) This section shall not require the owner to obtain or acquire
additional information that is not contained in the existing tenant
and project records, or to update any information in his or her
records. The owner shall not be held liable for any inaccuracies
contained in these records or from other sources, nor shall the owner
be liable to any party for providing this information.
(g) For purposes of this section, service of the notice to the
affected tenants, the city, county, or city and county, the
appropriate local public housing authority, if any, and the
Department of Housing and Community Development by the owner pursuant
to subdivisions (b) to (e), inclusive, shall be made by first-class
mail postage prepaid.
(h) Nothing in this section shall enlarge or diminish the
authority, if any, that a city, county, city and county, affected
tenant, or owner may have, independent of this section.
(i) If, prior to January 1, 2001, the owner has already accepted a
bona fide offer from a qualified entity, as defined in subdivision
(c) of Section 65863.11, and has complied with this section as it
existed prior to January 1, 2001, at the time the owner decides to
sell or otherwise dispose of the development, the owner shall be
deemed in compliance with this section.
(j) Injunctive relief shall be available to any party identified
in paragraph (1) or (2) of subdivision (a) who is aggrieved by a
violation of this section.
(k) The Director of Housing and Community Development shall
approve forms to be used by owners to comply with subdivisions (b)
and (c). Once the director has approved the forms, an owner shall use
the approved forms to comply with subdivisions (b) and (c).
SEC. 12. Section 17913 of the Health and Safety Code is amended to
read:
17913. (a) The department shall notify the entities listed in
subdivision (c) of the dates that each of the international or
uniform codes published by the specific organizations described in
paragraphs (1) to (5), inclusive, of subdivision (a) of Section 17922
are approved by the California Building Standards Commission
pursuant to Section 18930 and the effective date of the model codes
as established by the California Building Standards Commission.
(b) The department may publish information bulletins regarding
code enforcement as emergencies occur or at any other time the
department determines appropriate.
(c) The department shall distribute the information described in
subdivision (a), and may distribute the information described in
subdivision (b), to the following entities:
(1) The building department in each county and city.
(2) Housing code officials, fire service officials, professional
associations concerned with building standards, and any other persons
or entities the department determines appropriate.
SEC. 13. Section 17921.3 of the Health and Safety Code is
repealed.
SEC. 14. Section 17921.9 of the Health and Safety Code is
repealed.
SEC. 15. Section 17922 of the Health and Safety Code is amended to
read:
17922. (a) Except as otherwise specifically provided by law, the
building standards adopted and submitted by the department for
approval pursuant to Chapter 4 (commencing with Section 18935) of
Part 2.5, and the other rules and regulations that are contained in
Title 24 of the California Code of Regulations, as adopted, amended,
or repealed from time to time pursuant to this chapter shall be
adopted by reference, except that the building standards and rules
and regulations shall include any additions or deletions made by the
department. The building standards and rules and regulations shall
impose substantially the same requirements as are contained in the
most recent editions of the following international or uniform
industry codes as adopted by the organizations specified:
(1) The Uniform Housing Code of the International Conference of
Building Officials, except its definition of "substandard building."
(2) The International Building Code of the International Code
Council.
(3) The International Residential Code of the International Code
Council.
(4) The Uniform Plumbing Code of the International Association of
Plumbing and Mechanical Officials.
(5) The Uniform Mechanical Code of the International Association
of Plumbing and Mechanical Officials.
(6) The National Electrical Code of the National Fire Protection
Association.
(7) The International Existing Building Code of the International
Code Council.
(b) In adopting building standards for approval pursuant to
Chapter 4 (commencing with Section 18935) of Part 2.5 for publication
in the California Building Standards Code and in adopting other
regulations, the department shall consider local conditions and any
amendments to the international or uniform codes referred to in this
section. Except as provided in Part 2.5 (commencing with Section
18901), in the absence of adoption by regulation, the most recent
editions of the international or uniform codes referred to in this
section shall be considered to be adopted one year after the date of
publication of the applicable international or uniform codes.
(c) Except as provided in Section 17959.5, local use zone
requirements, local fire zones, building setback, side and rear yard
requirements, and property line requirements are hereby specifically
and entirely reserved to the local jurisdictions notwithstanding any
requirements found or set forth in this part.
(d) Regulations other than building standards which are adopted,
amended, or repealed by the department, and building standards
adopted and submitted by the department for approval pursuant to
Chapter 4 (commencing with Section 18935) of Part 2.5, governing
alteration and repair of existing buildings and moving of apartment
houses and dwellings shall permit the replacement, retention, and
extension of original materials and the continued use of original
methods of construction as long as the hotel, lodginghouse, motel,
apartment house, or dwelling, or portions thereof, or building and
structure accessory thereto, complies with the provisions published
in the California Building Standards Code and the other rules and
regulations of the department or alternative local standards adopted
pursuant to subdivision (b) of Section 13143.2 or Section 17958.5 and
does not become or continue to be a substandard building. Building
additions or alterations which increase the area, volume, or size of
an existing building, and foundations for apartment houses and
dwellings moved, shall comply with the requirements for new buildings
or structures specified in this part, or in building standards
published in the California Building Standards Code, or in the other
rules and regulations adopted pursuant to this part. However, the
additions and alterations shall not cause the building to exceed area
or height limitations applicable to new construction.
(e) Regulations other than building standards which are adopted by
the department and building standards adopted and submitted by the
department for approval pursuant to Chapter 4 (commencing with
Section 18935) of Part 2.5 governing alteration and repair of
existing buildings shall permit the use of alternate materials,
appliances, installations, devices, arrangements, or methods of
construction if the material, appliance, installation, device,
arrangement, or method is, for the purpose intended, at least the
equivalent of that prescribed in this part, the building standards
published in the California Building Standards Code, and the rules
and regulations promulgated pursuant to the provisions of this part
in performance, safety, and for the protection of life and health.
Regulations governing abatement of substandard buildings shall permit
those conditions prescribed by Section 17920.3 which do not endanger
the life, limb, health, property, safety, or welfare of the public
or the occupant thereof.
(f) A local enforcement agency may not prohibit the use of
materials, appliances, installations, devices, arrangements, or
methods of construction specifically permitted by the department to
be used in the alteration or repair of existing buildings, but those
materials, appliances, installations, devices, arrangements, or
methods of construction may be specifically prohibited by local
ordinance as provided pursuant to Section 17958.5.
(g) A local ordinance may not permit any action or proceeding to
abate violations of regulations governing maintenance of existing
buildings, unless the building is a substandard building or the
violation is a misdemeanor.
SEC. 16. Section 17922.3 of the Health and Safety Code is amended
to read:
17922.3. Notwithstanding any other provision of law, a
residential structure that is moved into, or within, the jurisdiction
of a local agency or the department, shall not be treated as a new
building or structure, but rather shall be treated, for the purposes
of this part, as subject to Section 17958.9.
SEC. 17. Section 17958.1 of the Health and Safety Code is amended
to read:
17958.1. Notwithstanding Sections 17922, 17958, and 17958.5, a
city, county, or city and county may, by ordinance, permit efficiency
units for occupancy by no more than two persons which have a minimum
floor area of 150 square feet and which may also have partial
kitchen or bathroom facilities, as specified by the ordinance. In all
other respects, these efficiency units shall conform to minimum
standards for those occupancies otherwise made applicable pursuant to
this part.
"Efficiency unit," as used in this section, has the same meaning
specified in the International Building Code of the International
Code Council, as incorporated by reference in Part 2 of Title 24 of
the California Code of Regulations.
SEC. 18. Section 17959.1 of the Health and Safety Code is amended
to read:
17959.1. (a) A city or county shall administratively approve
applications to install solar energy systems through the issuance of
a building permit or similar nondiscretionary permit. However, if the
building official of the city or county has a good faith belief that
the solar energy system could have a specific, adverse impact upon
the public health and safety, the city or county may require the
applicant to apply for a use permit.
(b) A city or county may not deny an application for a use permit
to install a solar energy system unless it makes written findings
based upon substantial evidence in the record that the proposed
installation would have a specific, adverse impact upon the public
health or safety, and there is no feasible method to satisfactorily
mitigate or avoid the specific, adverse impact. This finding shall
include the basis for the rejection of potential feasible
alternatives of preventing the adverse impact.
(c) Any conditions imposed on an application to install a solar
energy system must be designed to mitigate the specific, adverse
impact upon the public health and safety at the lowest cost possible.
(d) (1) A solar energy system shall meet applicable health and
safety standards and requirements imposed by state and local
permitting authorities.
(2) A solar energy system for heating water shall be certified by
the Solar Rating Certification Corporation (SRCC) or other nationally
recognized certification agency. SRCC is a nonprofit third party
supported by the United States Department of Energy. The
certification shall be for the entire solar energy system and
installation.
(3) A solar energy system for producing electricity shall meet all
applicable safety and performance standards established by the
National Electrical Code, the Institute of Electrical and Electronics
Engineers, and accredited testing laboratories such as Underwriters
Laboratories and, where applicable, rules of the Public Utilities
Commission regarding safety and reliability.
(e) The following definitions apply to this section:
(1) "A feasible method to satisfactorily mitigate or avoid the
specific, adverse impact" includes, but is not limited to, any cost
effective method, condition, or mitigation imposed by a city or
county on another similarly situated application in a prior
successful application for a permit. A city or county shall use its
best efforts to ensure that the selected method, condition, or
mitigation meets the conditions of subparagraphs (A) and (B) of
paragraph (1) of subdivision (d) of Section 714 of the Civil Code.
(2) "Solar energy system" has the meaning set forth in paragraphs
(1) and (2) of subdivision (a) of Section 801.5 of the Civil Code.
(3) A "specific, adverse impact" means a significant,
quantifiable, direct, and unavoidable impact, based on objective,
identified, and written public health or safety standards, policies,
or conditions as they existed on the date the application was deemed
complete.
SEC. 19. Section 18080.5 of the Health and Safety Code is amended
to read:
18080.5. (a) A numbered report of sale, lease, or rental form
issued by the department shall be submitted each time the following
transactions occur by or through a dealer:
(1) Whenever a manufactured home, mobilehome, or commercial coach
previously registered pursuant to this part is sold, leased with an
option to buy, or otherwise transferred.
(2) Whenever a manufactured home, mobilehome, or commercial coach
not previously registered in this state is sold, rented, leased,
leased with an option to buy, or otherwise transferred.
(b) The numbered report of sale, lease, or rental forms shall be
used and distributed in accordance with the following terms and
conditions:
(1) A copy of the form shall be delivered to the purchaser.
(2) All fees and penalties due for the transaction that were
required to be reported with the report of sale, lease, or rental
form shall be paid to the department within 10 calendar days from the
date the transaction is completed, as specified by subdivision (e).
Penalties due for noncompliance with this paragraph shall be paid by
the dealer. The dealer shall not charge the consumer for those
penalties.
(3) Notice of the registration or transfer of a manufactured home
or mobilehome shall be reported pursuant to subdivision (d).
(4) The original report of sale, lease, or rental form, together
with all required documents to report the transaction or make
application to register or transfer a manufactured home, mobilehome,
or commercial coach, shall be forwarded to the department. Any
application shall be submitted within 10 calendar days from the date
the transaction was required to be reported, as defined by
subdivision (e).
(c) A manufactured home, mobilehome, or commercial coach
displaying a copy of the report of sale, lease, or rental may be
occupied without registration decals or registration card until the
registration decals and registration card are received by the
purchaser.
(d) In addition to the other requirements of this section, every
dealer upon transferring by sale, lease, or otherwise any
manufactured home or mobilehome shall, not later than the 10th
calendar day thereafter, not counting the date of sale, give written
notice of the transfer to the assessor of the county where the
manufactured home or mobilehome is to be installed. The written
notice shall be upon forms provided by the department containing any
information that the department may require, after consultation with
the assessors. Filing of a copy of the notice with the assessor in
accordance with this section shall be in lieu of filing a change of
ownership statement pursuant to Sections 480 and 482 of the Revenue
and Taxation Code.
(e) Except for transactions subject to Section 18035.26, for
purposes of this section, a transaction by or through a dealer shall
be deemed completed and consummated and any fees and the required
report of sale, lease, or rental are due when any of the following
occurs:
(1) The purchaser of any commercial coach has signed a purchase
contract or security agreement or paid any purchase price, the lessee
of a new commercial coach has signed a lease agreement or lease with
an option to buy or paid any purchase price, or the lessee of a used
commercial coach has either signed a lease with an option to buy or
paid any purchase price, and the purchaser or lessee has taken
physical possession or delivery of the commercial coach.
(2) For sales subject to Section 18035, when all the amounts other
than escrow fees and amounts for uninstalled or undelivered
accessories are disbursed from the escrow account.
(3) For sales subject to Section 18035.2, when the installation is
complete and a certificate of occupancy is issued.
(f) The department shall charge a fee, not to exceed forty-five
dollars ($45), for processing the notice of disposal and any
information required for completing the disposal process required
pursuant to Sections 798.56a and 798.61 of the Civil Code.
(g) Notwithstanding any other law, the Department of Housing and
Community Development may adopt guidelines related to procedures and
forms to implement the new disposal procedures in Chapter 376 of the
Statutes of 2015, until regulations are adopted by the department to
replace those guidelines.
SEC. 20. Section 18935 of the Health and Safety Code is amended to
read:
18935. (a) Notice of proposed building standards shall be given
and hearings shall be held by the adopting agencies, as required by
the Administrative Procedure Act, prior to the adoption of the
building standards and submission to the commission for approval. The
notice of proposed building standards and the initial statement of
reasons for the proposed building standards shall comply with Article
5 (commencing with Section 11346) of Chapter 3.5 of Part 1 of
Division 3 of Title 2 of the Government Code. The adopting agency or
state agency that proposes the building standards shall submit the
notice and initial statement of reasons for proposed building
standards to the California Building Standards Commission, which
shall review them for compliance with Article 5 (commencing with
Section 11346) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of
the Government Code. If the commission determines that the adopting
agency or state agency that proposes the building standards has
complied with Article 5 (commencing with Section 11346) of Chapter
3.5 of Part 1 of Division 3 of Title 2 of the Government Code, the
commission shall approve the notice and initial statement of reasons
for proposed building standards, and submit the notice to the Office
of Administrative Law for the sole purpose of inclusion in the
California Regulatory Notice Register. The Office of Administrative
Law shall publish only those notices of proposed building standards
which have been approved by, and submitted to, the office by the
California Building Standards Commission.
(b) In order to ensure an absence of conflict between hearings and
a maximum opportunity for interested parties to be heard, no
hearings by adopting agencies shall be conducted unless the time and
place thereof has been approved in writing by the commission prior to
public notices of the hearing being given by the adopting agencies.
(c) If, after building standards are submitted to the commission
for approval, the commission requires changes therein as a condition
for approval, and the changes are made, no additional hearing by the
affected state agency shall be required in connection with making the
changes when the commission determines the changes are
nonsubstantial, solely grammatical in nature, or are sufficiently
related to the text submitted to the commission for approval that the
public was adequately placed on notice that the change could result
from the originally proposed building standards.
SEC. 21. Section 19990 of the Health and Safety Code is amended to
read:
19990. (a) Except as provided in Section 18930, the department
shall adopt rules and regulations to interpret and make specific this
part. The department shall adopt and submit building standards for
approval pursuant to Chapter 4 (commencing with Section 18935) of
Part 2.5 of this division for the purposes described in this section.
Standards adopted, amended, or repealed from time to time by the
department pursuant to this chapter shall include provisions imposing
requirements reasonably consistent with recognized and accepted
standards contained in the most recent editions of the following
international or uniform industry codes as adopted or amended from
time to time by the organizations specified:
(1) The Uniform Housing Code of the International Conference of
Building Officials.
(2) The International Building Code of the International Code
Council.
(3) The International Residential Code of the International Code
Council.
(4) The Uniform Plumbing Code of the International Association of
Plumbing and Mechanical Officials.
(5) The Uniform Mechanical Code of the International Association
of Plumbing and Mechanical Officials.
(6) The National Electrical Code of the National Fire Protection
Association.
(b) The department shall require every city and county to file
with the department all wind pressure and snow load requirements in
effect within their respective jurisdictions if these requirements
differ from building standards published in the State Building
Standards Code, on or before January 1 of each year. The department
shall notify every manufacturer of factory-built housing of these
requirements on or before March 1 of each year.
(c) Except as provided in Section 18930, the department shall
adopt other rules and regulations as it deems necessary to carry out
this part. In promulgating these other rules and regulations the
department shall consider any amendments to the model codes referred
to in this section. In the event of any conflict with respect to
factory-built housing between Part 1.5 (commencing with Section
17910) and this part, the requirements of this part shall control.
SEC. 22. Section 50074 of the Health and Safety Code is amended to
read:
50074. "Housing sponsor," for the purpose of housing assisted by
the department, means any individual, joint venture, partnership,
limited partnership, trust, corporation, limited equity housing
cooperative, cooperative, local public entity, duly constituted
governing body of an Indian reservation or rancheria, tribally
designated housing entity, or other legal entity, or any combination
thereof, certified by the agency pursuant to rules and regulations of
the agency as qualified to either own, construct, acquire, or
rehabilitate a housing development, whether for profit, nonprofit, or
organized for limited profit, and subject to the regulatory powers
of the agency pursuant to rules and regulations of the agency and
other terms and conditions set forth in this division. "Housing
sponsor" includes persons and families of low or moderate income who
are approved by the agency as eligible to own and occupy a housing
development and individuals and legal entities receiving property
improvement loans through the agency.
SEC. 23. Section 50104.6.5 is added to the Health and Safety Code,
to read:
50104.6.5. "Tribally designated housing entity" means an entity
as defined in Section 4103 of Title 25 of the United States Code. For
the purposes of determining the eligibility of an applicant for
funding under a program authorized by Part 2 (commencing with Section
50400), references to a local public entity, nonprofit corporation,
nonprofit housing sponsor, or governing body of an Indian reservation
or rancheria in any statute included in, or in any regulation
promulgated to implement, Part 2 (commencing with Section 50400)
shall be deemed to include a tribally designated housing entity.
SEC. 24. Chapter 4.7 (commencing with Section 50580) of Part 2 of
Division 31 of the Health and Safety Code is repealed.
SEC. 25. Section 50784.7 of the Health and Safety Code is amended
to read:
50784.7. (a) The department may make loans to resident
organizations or qualified nonprofit sponsors from the Mobilehome
Park Rehabilitation and Purchase Fund for the purpose of assisting
lower income homeowners to do any of the following:
(1) Make repairs to their mobilehomes.
(2) Make accessibility-related upgrades to their mobilehomes.
(3) Replace their mobilehomes.
(b) Loans made pursuant to these provisions shall meet both of the
following requirements:
(1) The applicant entity has received a loan or loans pursuant to
Section 50783, 50784, or 50784.5 for the purpose of assisting
homeowners within a park proposed for acquisition or conversion.
(2) The applicant entity demonstrates sufficient organizational
stability and capacity to manage a portfolio of individual loans over
an extended time period. This capacity may be demonstrated by
substantial successful experience performing similar activities or
through other means acceptable to the department.
(c) The department may adopt guidelines to implement this section.
SEC. 26. Section 50800.5 of the Health and Safety Code is amended
to read:
50800.5. (a) There is hereby created in the State Treasury the
Emergency Housing and Assistance Fund. Notwithstanding Section 13340
of the Government Code, all money in the fund is continuously
appropriated to the department to carry out the purposes of this
chapter. Any repayments, interest, or new appropriations shall be
deposited in the fund, notwithstanding Section 16305.7 of the
Government Code. Money in the fund shall not be subject to transfer
to any other fund pursuant to any provision of Part 2 (commencing
with Section 16300) of Division 4 of Title 2 of the Government Code,
except to the Surplus Money Investment Fund.
(b) All moneys in the Emergency Housing and Assistance Fund,
created pursuant to Section 50800.5 as it existed prior to the
effective date of the act that adds this chapter, shall be
transferred, on the effective date of the act that adds this chapter,
to the Emergency Housing and Assistance Fund created by subdivision
(a).
(c) The department may require the transfer of moneys in the
Emergency Housing and Assistance Fund to the Surplus Money Investment
Fund for investment pursuant to Article 4 (commencing with Section
16470) of Chapter 3 of Part 2 of Division 4 of Title 2 of the
Government Code. All interest, dividends, and pecuniary gains from
these investments shall accrue to the Emergency Housing and
Assistance Fund, notwithstanding Section 16305.7 of the Government
Code.
(d) To the extent funds are made available by the Legislature,
moneys in the fund may be used for the purposes of Chapter 19
(commencing with Section 50899.1) of Part 2 of Division 31 of the
Health and Safety Code.
(e) The Department of Housing and Community Development may
transfer any unobligated Proposition 46 and Proposition 1C bond funds
to the Housing Rehabilitation Loan Fund, less any funds needed for
state operations to support outstanding awards as determined by the
Department of Housing and Community Development, to be expended for
the Multifamily Housing Program authorized by Chapter 6.7 (commencing
with Section 50675), to be used for supportive housing for the
target population identified in Section 50675.14.
