BILL NUMBER: AB 2800 CHAPTERED
BILL TEXT
CHAPTER 578
FILED WITH SECRETARY OF STATE SEPTEMBER 28, 2006
APPROVED BY GOVERNOR SEPTEMBER 28, 2006
PASSED THE ASSEMBLY AUGUST 21, 2006
PASSED THE SENATE AUGUST 17, 2006
AMENDED IN SENATE AUGUST 7, 2006
AMENDED IN ASSEMBLY APRIL 27, 2006
INTRODUCED BY Assembly Member Laird
(Coauthors: Assembly Members Chu, Dymally, Evans, Goldberg,
Hancock, Klehs, Koretz, Leno, Lieber, Mullin, Nation, and Pavley)
(Coauthors: Senators Kehoe, Kuehl, and Migden)
FEBRUARY 24, 2006
An act to amend Sections 10177 and 23428.20 of the Business and
Professions Code, to amend Sections 782, 782.5, 798.20, and 800.25 of
the Civil Code, to amend Section 65008 of the Government Code, and
to amend Sections 33050, 33435, 33436, 33724, 33769, 35811, 37630,
37923, 50955, and 51602 of the Health and Safety Code, relating to
housing.
LEGISLATIVE COUNSEL'S DIGEST
AB 2800, Laird Housing: discrimination.
Various provisions of existing law prohibit discrimination in
housing and housing related areas, including real estate licensure,
mortgage lending, club membership, development projects, and
community redevelopment. The prohibited discrimination includes
discrimination based on specified categories, including the race,
color, sex, religion, and marital status of a person.
The Fair Employment and Housing Act declares that the practice of
discrimination because of race, color, religion, sex, marital status,
national origin, ancestry, familial status, disability, or sexual
orientation in housing accommodations is against the public policy of
the state.
This bill would amend provisions that prohibit discrimination in
housing and specified housing related areas to instead prohibit
discrimination on the same characteristics as in the Fair Employment
and Housing Act.
This bill would incorporate additional changes to Section 10177
of the Business and Professions Code proposed by AB 790 to be
operative only if this bill and AB 790 are both enacted and become
effective on or before January 1, 2007, and this bill is enacted
last.
This bill would incorporate additional changes to Section 65008
of the Government Code proposed by AB 2511 to be operative only if
this bill and AB 2511 are both enacted and become effective on or
before January 1, 2007, and this bill is enacted last.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known, and may be cited, as the Civil
Rights Housing Act of 2006.
SEC. 2. Section 10177 of the Business and Professions Code is
amended to read:
10177. The commissioner may suspend or revoke the license of a
real estate licensee, or may deny the issuance of a license to an
applicant, who has done any of the following, or may suspend or
revoke the license of a corporation, or deny the issuance of a
license to a corporation, if an officer, director, or person owning
or controlling 10 percent or more of the corporation's stock has done
any of the following:
(a) Procured, or attempted to procure, a real estate license or
license renewal, for himself or herself or any salesperson, by fraud,
misrepresentation, or deceit, or by making any material misstatement
of fact in an application for a real estate license, license
renewal, or reinstatement.
(b) Entered a plea of guilty or nolo contendere to, or been found
guilty of, or been convicted of, a felony or a crime involving moral
turpitude, and the time for appeal has elapsed or the judgment of
conviction has been affirmed on appeal, irrespective of an order
granting probation following that conviction, suspending the
imposition of sentence, or of a subsequent order under Section 1203.4
of the Penal Code allowing that licensee to withdraw his or her plea
of guilty and to enter a plea of not guilty, or dismissing the
accusation or information.
(c) Knowingly authorized, directed, connived at, or aided in the
publication, advertisement, distribution, or circulation of any
material false statement or representation concerning his or her
business, or any business opportunity or any land or subdivision, as
defined in Chapter 1 (commencing with Section 11000) of Part 2,
offered for sale.
(d) Willfully disregarded or violated the Real Estate Law (Part 1
(commencing with Section 10000)) or Chapter 1 (commencing with
Section 11000) of Part 2 or the rules and regulations of the
commissioner for the administration and enforcement of the Real
Estate Law and Chapter 1 (commencing with Section 11000) of Part 2.
(e) Willfully used the term "realtor" or any trade name or
insignia of membership in any real estate organization of which the
licensee is not a member.
(f) Acted or conducted himself or herself in a manner that would
have warranted the denial of his or her application for a real estate
license, or has either had a license denied or had a license issued
by another agency of this state, another state, or the federal
government revoked or suspended for acts that, if done by a real
estate licensee, would be grounds for the suspension or revocation of
a California real estate license, if the action of denial,
revocation, or suspension by the other agency or entity was taken
only after giving the licensee or applicant fair notice of the
charges, an opportunity for a hearing, and other due process
protections comparable to the Administrative Procedure Act (Chapter
3.5 (commencing with Section 11340), Chapter 4 (commencing with
Section 11370), and Chapter 5 (commencing with Section 11500) of Part
1 of Division 3 of Title 2 of the Government Code), and only upon an
express finding of a violation of law by the agency or entity.
(g) Demonstrated negligence or incompetence in performing any act
for which he or she is required to hold a license.
(h) As a broker licensee, failed to exercise reasonable
supervision over the activities of his or her salespersons, or, as
the officer designated by a corporate broker licensee, failed to
exercise reasonable supervision and control of the activities of the
corporation for which a real estate license is required.
(i) Has used his or her employment by a governmental agency in a
capacity giving access to records, other than public records, in a
manner that violates the confidential nature of the records.
(j) Engaged in any other conduct, whether of the same or a
different character than specified in this section, which constitutes
fraud or dishonest dealing.
(k) Violated any of the terms, conditions, restrictions, and
limitations contained in any order granting a restricted license.
(l) (1) Solicited or induced the sale, lease, or listing for sale
or lease of residential property on the ground, wholly or in part, of
loss of value, increase in crime, or decline of the quality of the
schools due to the present or prospective entry into the neighborhood
of a person or persons having any characteristic listed in
subdivision (a) or (d) of Section 12955 of the Government Code, as
those characteristics are defined in Sections 12926, 12926.1,
subdivision (m) and paragraph (1) of subdivision (p) of Section
12955, and Section 12955.2 of the Government Code.
(2) Notwithstanding paragraph (1), with respect to familial
status, paragraph (1) shall not be construed to apply to housing for
older persons, as defined in Section 12955.9 of the Government Code.
With respect to familial status, nothing in paragraph (1) shall be
construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and
799.5 of the Civil Code, relating to housing for senior citizens.
Subdivision (d) of Section 51 and Section 1360 of the Civil Code and
subdivisions (n), (o), and (p) of Section 12955 of the Government
Code shall apply to paragraph (1).
(m) Violated the Franchise Investment Law (Division 5 (commencing
with Section 31000) of Title 4 of the Corporations Code) or
regulations of the Commissioner of Corporations pertaining thereto.
(n) Violated the Corporate Securities Law of 1968 (Division 1
(commencing with Section 25000) of Title 4 of the Corporations Code)
or the regulations of the Commissioner of Corporations pertaining
thereto.
(o) Failed to disclose to the buyer of real property, in a
transaction in which the licensee is an agent for the buyer, the
nature and extent of a licensee's direct or indirect ownership
interest in that real property. The direct or indirect ownership
interest in the property by a person related to the licensee by blood
or marriage, by an entity in which the licensee has an ownership
interest, or by any other person with whom the licensee has a special
relationship shall be disclosed to the buyer.
(p) Violated Article 6 (commencing with Section 10237).
If a real estate broker that is a corporation has not done any of
the foregoing acts, either directly or through its employees, agents,
officers, directors, or persons owning or controlling 10 percent or
more of the corporation's stock, the commissioner may not deny the
issuance of a real estate license to, or suspend or revoke the real
estate license of, the corporation, provided that any offending
officer, director, or stockholder, who has done any of the foregoing
acts individually and not on behalf of the corporation, has been
completely disassociated from any affiliation or ownership in the
corporation.
SEC. 2.5. Section 10177 of the Business and Professions Code is
amended to read:
10177. The commissioner may suspend or revoke the license of a
real estate licensee, or may deny the issuance of a license to an
applicant, who has done any of the following, or may suspend or
revoke the license of a corporation, or deny the issuance of a
license to a corporation, if an officer, director, or person owning
or controlling 10 percent or more of the corporation's stock has done
any of the following:
(a) Procured, or attempted to procure, a real estate license or
license renewal, for himself or herself or any salesperson, by fraud,
misrepresentation, or deceit, or by making any material misstatement
of fact in an application for a real estate license, license
renewal, or reinstatement.
(b) Entered a plea of guilty or nolo contendere to, or been found
guilty of, or been convicted of, a felony or a crime involving moral
turpitude, and the time for appeal has elapsed or the judgment of
conviction has been affirmed on appeal, irrespective of an order
granting probation following that conviction, suspending the
imposition of sentence, or of a subsequent order under Section 1203.4
of the Penal Code allowing that licensee to withdraw his or her plea
of guilty and to enter a plea of not guilty, or dismissing the
accusation or information.
(c) Knowingly authorized, directed, connived at, or aided in the
publication, advertisement, distribution, or circulation of any
material false statement or representation concerning his or her
designation or certification of special education, credential, trade
organization membership, or business, or concerning any business
opportunity or any land or subdivision, as defined in Chapter 1
(commencing with Section 11000) of Part 2, offered for sale.
(d) Willfully disregarded or violated the Real Estate Law (Part 1
(commencing with Section 10000)) or Chapter 1 (commencing with
Section 11000) of Part 2 or the rules and regulations of the
commissioner for the administration and enforcement of the Real
Estate Law and Chapter 1 (commencing with Section 11000) of Part 2.
(e) Willfully used the term "realtor" or any trade name or
insignia of membership in any real estate organization of which the
licensee is not a member.
(f) Acted or conducted himself or herself in a manner that would
have warranted the denial of his or her application for a real estate
license, or has either had a license denied or had a license issued
by another agency of this state, another state, or the federal
government revoked or suspended for acts that, if done by a real
estate licensee, would be grounds for the suspension or revocation of
a California real estate license, if the action of denial,
revocation, or suspension by the other agency or entity was taken
only after giving the licensee or applicant fair notice of the
charges, an opportunity for a hearing, and other due process
protections comparable to the Administrative Procedure Act (Chapter
3.5 (commencing with Section 11340), Chapter 4 (commencing with
Section 11370), and Chapter 5 (commencing with Section 11500) of Part
1 of Division 3 of Title 2 of the Government Code), and only upon an
express finding of a violation of law by the agency or entity.
(g) Demonstrated negligence or incompetence in performing any act
for which he or she is required to hold a license.
(h) As a broker licensee, failed to exercise reasonable
supervision over the activities of his or her salespersons, or, as
the officer designated by a corporate broker licensee, failed to
exercise reasonable supervision and control of the activities of the
corporation for which a real estate license is required.
(i) Has used his or her employment by a governmental agency in a
capacity giving access to records, other than public records, in a
manner that violates the confidential nature of the records.
(j) Engaged in any other conduct, whether of the same or a
different character than specified in this section, which constitutes
fraud or dishonest dealing.
(k) Violated any of the terms, conditions, restrictions, and
limitations contained in any order granting a restricted license.
(l) (1) Solicited or induced the sale, lease, or listing for sale
or lease of residential property on the ground, wholly or in part, of
loss of value, increase in crime, or decline of the quality of the
schools due to the present or prospective entry into the neighborhood
of a person or persons having any characteristic listed in
subdivision (a) or (d) of Section 12955 of the Government Code, as
those characteristics are defined in Sections 12926, 12926.1,
subdivision (m), and paragraph (1) of subdivision (p) of Section
12955, and Section 12955.2 of the Government Code.
(2) Notwithstanding paragraph (1), with respect to familial
status, paragraph (1) shall not be construed to apply to housing for
older persons, as defined in Section 12955.9 of the Government Code.
With respect to familial status, nothing in paragraph (1) shall be
construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and
799.5 of the Civil Code, relating to housing for senior citizens.
Subdivision (d) of Section 51 and Section 1360 of the Civil Code and
subdivisions (n), (o), and (p) of Section 12955 of the Government
Code shall apply to paragraph (1).
(m) Violated the Franchise Investment Law (Division 5 (commencing
with Section 31000) of Title 4 of the Corporations Code) or
regulations of the Commissioner of Corporations pertaining thereto.
(n) Violated the Corporate Securities Law of 1968 (Division 1
(commencing with Section 25000) of Title 4 of the Corporations Code)
or the regulations of the Commissioner of Corporations pertaining
thereto.
(o) Failed to disclose to the buyer of real property, in a
transaction in which the licensee is an agent for the buyer, the
nature and extent of a licensee's direct or indirect ownership
interest in that real property. The direct or indirect ownership
interest in the property by a person related to the licensee by blood
or marriage, by an entity in which the licensee has an ownership
interest, or by any other person with whom the licensee has a special
relationship shall be disclosed to the buyer.
(p) Violated Article 6 (commencing with Section 10237).
If a real estate broker that is a corporation has not done any of
the foregoing acts, either directly or through its employees, agents,
officers, directors, or persons owning or controlling 10 percent or
more of the corporation's stock, the commissioner may not deny the
issuance of a real estate license to, or suspend or revoke the real
estate license of, the corporation, provided that any offending
officer, director, or stockholder, who has done any of the foregoing
acts individually and not on behalf of the corporation, has been
completely disassociated from any affiliation or ownership in the
corporation.
SEC. 3. Section 23428.20 of the Business and Professions Code is
amended to read:
23428.20. (a) For the purposes of this article, "club" also means
any bona fide nonprofit corporation that has been in existence for
not less than nine years, has more than 8,500 memberships issued and
outstanding to owners of condominiums and owners of memberships in
stock cooperatives, and owns, leases, operates, or maintains
recreational facilities for its members.
(b) For the purposes of this article, "club" also means any bona
fide nonprofit corporation that was formed as a condominium
homeowners' association, has at least 250 members, has served daily
meals to its members and guests for a period of not less than 12
years, owns or leases, operates, and maintains a clubroom or rooms
for its membership, has an annual fee of not less than nine hundred
dollars ($900) per year per member, and has as a condition of
membership that one member of each household be at least 54 years
old.
(c) Section 23399 and the numerical limitation of Section 23430
shall not apply to a club defined in this section.
(d) No license shall be issued pursuant to this section to any
club that withholds membership or denies facilities or services to
any person on account of any basis listed in subdivision (a) or (d)
of Section 12955 of the Government Code, as those bases are defined
in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of
subdivision (p) of Section 12955, and Section 12955.2 of the
Government Code.
(e) Notwithstanding subdivision (d), with respect to familial
status, subdivision (d) shall not be construed to apply to housing
for older persons, as defined in Section 12955.9 of the Government
Code. With respect to familial status, nothing in subdivision (d)
shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11,
and 799.5 of the Civil Code, relating to housing for senior
citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil
Code and subdivisions (n), (o), and (p) of Section 12955 of the
Government Code shall apply to subdivision (d).
SEC. 4. Section 782 of the Civil Code is amended to read:
782. (a) Any provision in any deed of real property in
California, whether executed before or after the effective date of
this section, that purports to restrict the right of any persons to
sell, lease, rent, use or occupy the property to persons having any
characteristic listed in subdivision (a) or (d) of Section 12955 of
the Government Code, as those bases are defined in Sections 12926,
12926.1, subdivision (m) and paragraph (1) of subdivision (p) of
Section 12955 and Section 12955.2 of the Government Code, by
providing for payment of a penalty, forfeiture, reverter, or
otherwise, is void.
(b) Notwithstanding subdivision (a), with respect to familial
status, subdivision (a) shall not be construed to apply to housing
for older persons, as defined in Section 12955.9 of the Government
Code. With respect to familial status, nothing in subdivision (a)
shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11,
and 799.5, relating to housing for senior citizens. Subdivision (d)
of Section 51 and Section 1360 of this code and subdivisions (n),
(o), and (p) of Section 12955 of the Government Code shall apply to
subdivision (a).
SEC. 5. Section 782.5 of the Civil Code is amended to read:
782.5. (a) Any deed or other written instrument that relates to
title to real property, or any written covenant, condition, or
restriction annexed or made a part of, by reference or otherwise, any
such deed or instrument, that contains any provision that purports
to forbid, restrict, or condition the right of any person or persons
to sell, buy, lease, rent, use, or occupy the property on account of
any basis listed in subdivision (a) or (d) of Section 12955 of the
Government Code, as those bases are defined in Sections 12926,
12926.1, subdivision (m) and paragraph (1) of subdivision (p) of
Section 12955, and Section 12955.2 of the Government Code, with
respect to any person or persons, shall be deemed to be revised to
omit that provision.
(b) Notwithstanding subdivision (a), with respect to familial
status, subdivision (a) shall not be construed to apply to housing
for older persons, as defined in Section 12955.9 of the Government
Code. With respect to familial status, nothing in subdivision (a)
shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11,
and 799.5, relating to housing for senior citizens. Subdivision (d)
of Section 51 and Section 1360 of this code and subdivisions (n),
(o), and (p) of Section 12955 of the Government Code shall apply to
subdivision (a).
(c) This section shall not be construed to limit or expand the
powers of a court to reform a deed or other written instrument.
SEC. 6. Section 798.20 of the Civil Code is amended to read:
798.20. (a) Membership in any private club or organization that
is a condition for tenancy in a park shall not be denied on any basis
listed in subdivision (a) or (d) of Section 12955 of the Government
Code, as those bases are defined in Sections 12926, 12926.1,
subdivision (m) and paragraph (1) of subdivision (p) of Section
12955, and Section 12955.2 of the Government Code.
(b) Notwithstanding subdivision (a), with respect to familial
status, subdivision (a) shall not be construed to apply to housing
for older persons, as defined in Section 12955.9 of the Government
Code. With respect to familial status, nothing in subdivision (a)
shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11,
and 799.5, relating to housing for senior citizens. Subdivision (d)
of Section 51 and Section 1360 of this code and subdivisions (n),
(o), and (p) of Section 12955 of the Government Code shall apply to
subdivision (a).
SEC. 7. Section 800.25 of the Civil Code is amended to read:
800.25. (a) Membership in any private club or organization that
is a condition for tenancy in a floating home marina shall not be
denied on any basis listed in subdivision (a) or (d) of Section 12955
of the Government Code, as those bases are defined in Sections
12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p)
of Section 12955, and Section 12955.2 of the Government Code.
(b) Notwithstanding subdivision (a), with respect to familial
status, subdivision (a) shall not be construed to apply to housing
for older persons, as defined in Section 12955.9 of the Government
Code. With respect to familial status, nothing in subdivision (a)
shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11,
and 799.5, relating to housing for senior citizens. Subdivision (d)
of Section 51 and Section 1360 of this code and subdivisions (n),
(o), and (p) of Section 12955 of the Government Code shall apply to
subdivision (a).
SEC. 8. Section 65008 of the Government Code is amended to read:
65008. (a) Any action pursuant to this title by any city, county,
city and county, or other local governmental agency in this state is
null and void if it denies to any individual or group of individuals
the enjoyment of residence, landownership, tenancy, or any other
land use in this state because of any of the following reasons:
(1) (A) The lawful occupation, age, or any characteristic of the
individual or group of individuals listed in subdivision (a) or (d)
of Section 12955, as those bases are defined in Sections 12926,
12926.1, subdivision (m) and paragraph (1) of subdivision (p) of
Section 12955 and Section 12955.2.
(B) Notwithstanding subparagraph (A), with respect to familial
status, subparagraph (A) shall not be construed to apply to housing
for older persons, as defined in Section 12955.9. With respect to
familial status, nothing in subparagraph (A) shall be construed to
affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the
Civil Code, relating to housing for senior citizens. Subdivision (d)
of Section 51 and Section 1360 of the Civil Code and subdivisions
(n), (o), and (p) of Section 12955 of this code shall apply to
subparagraph (A).
(2) The method of financing of any residential development of the
individual or group of individuals.
(3) The intended occupancy of any residential development by
persons or families of low, moderate, or middle income.
(b) (1) No city, county, city and county, or other local
governmental agency shall, in the enactment or administration of
ordinances pursuant to this title, prohibit or discriminate against
any residential development or emergency shelter for any of the
following reasons:
(A) Because of the method of financing.
(B) (i) Because of the lawful occupation, age, or any
characteristic listed in subdivision (a) or (d) of Section 12955, as
those characteristics are defined in Sections 12926, 12926.1,
subdivision (m) and paragraph (1) of subdivision (p) of Section
12955, and Section 12955.2, of the owners or intended occupants of
the residential development or emergency shelter.
(ii) Notwithstanding clause (i), with respect to familial status,
clause (i) shall not be construed to apply to housing for older
persons, as defined in Section 12955.9. With respect to familial
status, nothing in clause (i) shall be construed to affect Sections
51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating
to housing for senior citizens. Subdivision (d) of Section 51 and
Section 1360 of the Civil Code and subdivisions (n), (o), and (p) of
Section 12955 of this code shall apply to clause (i).
(C) Because the development or shelter is intended for occupancy
by persons and families of low and moderate income, as defined in
Section 50093 of the Health and Safety Code, or persons and families
of middle income.
(D) Because the development consists of a multifamily residential
project that is consistent with both the jurisdiction's zoning
ordinance and general plan as they existed on the date the
application was deemed complete, except that a project shall not be
deemed to be inconsistent with the zoning designation for the site if
that zoning designation is inconsistent with the general plan only
because the project site has not been rezoned to conform with a more
recently adopted general plan.
(2) The discrimination prohibited by this subdivision includes the
denial or conditioning of a residential development or shelter
because of, in whole or in part, (A) the method of financing or (B)
the occupancy of the development by persons protected by this
subdivision, including, but not limited to, persons and families of
low and moderate income.
(c) For the purposes of this section, "persons and families of
middle income" means persons and families whose income does not
exceed 150 percent of the median income for the county in which the
persons or families reside.
(d) (1) No city, county, city and county, or other local
governmental agency may impose different requirements on a
residential development or emergency shelter that is subsidized,
financed, insured, or otherwise assisted by the federal or state
government or by a local public entity, as defined in Section 50079
of the Health and Safety Code, than those imposed on nonassisted
developments, except as provided in subdivision (e). The
discrimination prohibited by this subdivision includes the denial or
conditioning of a residential development or shelter based in whole
or in part on the fact that the development is subsidized, financed,
insured, or otherwise assisted as described in this paragraph.
(2) (A) No city, county, city and county, or other local
governmental agency may, because of lawful occupation, age, or any
characteristic of the intended occupants listed in subdivision (a) or
(d) of Section 12955, as those characteristics are defined in
Sections 12926, 12926.1, subdivision (m) and paragraph (1) of
subdivision (p) of Section 12955, and Section 12955.2 or because the
development is intended for occupancy by persons and families of low,
moderate, or middle income, impose different requirements on these
residential developments than those imposed on developments
generally, except as provided in subdivision (e).
(B) Notwithstanding subparagraph (A), with respect to familial
status, subparagraph (A) shall not be construed to apply to housing
for older persons, as defined in Section 12955.9. With respect to
familial status, nothing in subparagraph (A) shall be construed to
affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the
Civil Code, relating to housing for senior citizens. Subdivision (d)
of Section 51 and Section 1360 of the Civil Code and subdivisions
(n), (o), and (p) of Section 12955 of this code shall apply to
subparagraph (A).
(e) Notwithstanding subdivisions (a) to (d), inclusive, this
section and this title do not prohibit either of the following:
(1)
The County of Riverside from enacting and enforcing zoning to
provide housing for older persons, in accordance with state or
federal law, if that zoning was enacted prior to January 1, 1995.
(2) Any city, county, or city and county from extending
preferential treatment to residential developments or emergency
shelters assisted by the federal or state government or by a local
public entity, as defined in Section 50079 of the Health and Safety
Code, or other residential developments or emergency shelters
intended for occupancy by persons and families of low and moderate
income, as defined in Section 50093 of the Health and Safety Code, or
persons and families of middle income, or agricultural employees, as
defined in subdivision (b) of Section 1140.4 of the Labor Code, and
their families. This preferential treatment may include, but need not
be limited to, reduction or waiver of fees or changes in
architectural requirements, site development and property line
requirements, building setback requirements, or vehicle parking
requirements that reduce development costs of these developments.
(f) "Residential development," as used in this section, means a
single-family residence or a multifamily residence, including
manufactured homes, as defined in Section 18007 of the Health and
Safety Code.
(g) This section shall apply to chartered cities.
(h) The Legislature finds and declares that discriminatory
practices that inhibit the development of housing for persons and
families of low, moderate, and middle income, or emergency shelters
for the homeless, are a matter of statewide concern.
SEC. 8.5. Section 65008 of the Government Code is amended to read:
65008. (a) Any action pursuant to this title by any city, county,
city and county, or other local governmental agency in this state is
null and void if it denies to any individual or group of individuals
the enjoyment of residence, landownership, tenancy, or any other
land use in this state because of any of the following reasons:
(1) (A) The lawful occupation, age, or any characteristic listed
in subdivision (a) or (d) of Section 12955, as those bases are
defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1)
of subdivision (p) of Section 12955 and Section 12955.2.
(B) Notwithstanding subparagraph (A), with respect to familial
status, subparagraph (A) shall not be construed to apply to housing
for older persons, as defined in Section 12955.9. With respect to
familial status, nothing in subparagraph (A) shall be construed to
affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the
Civil Code, relating to housing for senior citizens. Subdivision (d)
of Section 51 and Section 1360 of the Civil Code and subdivisions
(n), (o), and (p) of Section 12955 of this code shall apply to
subparagraph (A).
(2) The method of financing of any residential development of the
individual or group of individuals.
(3) The intended occupancy of any residential development by
persons or families of very low, low, moderate, or middle income.
(b) (1) No city, county, city and county, or other local
governmental agency shall, in the enactment or administration of
ordinances pursuant to any law, including this title, prohibit or
discriminate against any residential development or emergency shelter
for any of the following reasons:
(A) Because of the method of financing.
(B) (i) Because of the lawful occupation, age, or any
characteristic listed in subdivision (a) or (d) of Section 12955, as
those characteristics are defined in Sections 12926, 12926.1,
subdivision (m) and paragraph (1) of subdivision (p) of Section
12955, and Section 12955.2 of the owners or intended occupants of the
residential development or emergency shelter.
(ii) Notwithstanding clause (i), with respect to familial status,
clause (i) shall not be construed to apply to housing for older
persons, as defined in Section 12955.9. With respect to familial
status, nothing in clause (i) shall construed to affect Sections
51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating
to housing for senior citizens. Subdivision (d) of Section 51 and
Section 1360 of the Civil Code and subdivisions (n), (o), and (p) of
Section 12955 of this code shall apply to clause (i).
(C) Because the development or shelter is intended for occupancy
by persons and families of very low, low, or moderate income, as
defined in Section 50093 of the Health and Safety Code, or persons
and families of middle income.
(D) Because the development consists of a multifamily residential
project that is consistent with both the jurisdiction's zoning
ordinance and general plan as they existed on the date the
application was deemed complete, except that a project shall not be
deemed to be inconsistent with the zoning designation for the site if
that zoning designation is inconsistent with the general plan only
because the project site has not been rezoned to conform with a more
recently adopted general plan.
(2) The discrimination prohibited by this subdivision includes the
denial or conditioning of a residential development or shelter
because of, in whole or in part, either of the following:
(A) The method of financing.
(B) The occupancy of the development by persons protected by this
subdivision, including, but not limited to, persons and families of
very low, low, or moderate income.
(3) A city, county, city and county. or other local government
agency may not, pursuant to subdivision (d) of Section 65589.5,
disapprove a housing development project or condition approval in a
manner that renders the project infeasible if the basis for the
disapproval or conditional approval includes any of the reasons
prohibited by paragraph (1) or (2).
(c) For the purposes of this section, "persons and families of
middle income" means persons and families whose income does not
exceed 150 percent of the median income for the county in which the
persons or families reside.
(d) (1) No city, county, city and county, or other local
governmental agency may impose different requirements on a
residential development or emergency shelter that is subsidized,
financed, insured, or otherwise assisted by the federal or state
government or by a local public entity, as defined in Section 50079
of the Health and Safety Code, than those imposed on nonassisted
developments, except as provided in subdivision (e). The
discrimination prohibited by this subdivision includes the denial or
conditioning of a residential development or emergency shelter based
in whole or in part on the fact that the development is subsidized,
financed, insured, or otherwise assisted as described in this
paragraph.
(2) (A) No city, county, city and county, or other local
governmental agency may, because of the lawful occupation, age, or
any characteristic of the intended occupants listed in subdivision
(a) or (d) of Section 12955, as those characteristics are defined in
Sections 12926, 12926.1, subdivision (m) and paragraph (1) of
subdivision (p) of Section 12955, and Section 12955.2 or because the
development is intended for occupancy by persons and families of very
low, low, moderate, or middle income, impose different requirements
on these residential developments than those imposed on developments
generally, except as provided in subdivision (e).
(B) Notwithstanding subparagraph (A), with respect to familial
status, subparagraph (A) shall not be construed to apply to housing
for older persons, as defined in Section 12955.9. With respect to
familial status, nothing in subparagraph (A) shall be construed to
affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the
Civil Code, relating to housing for senior citizens. Subdivision (d)
of Section 51 and Section 1360 of the Civil Code and subdivisions
(n), (o), and (p) of Section 12955 of this code shall apply to
subparagraph (A).
(e) Notwithstanding subdivisions (a) to (d), inclusive, this
section and this title do not prohibit either of the following:
(1) The County of Riverside from enacting and enforcing zoning to
provide housing for older persons, in accordance with state or
federal law, if that zoning was enacted prior to January 1, 1995.
(2) Any city, county, or city and county from extending
preferential treatment to residential developments or emergency
shelters assisted by the federal or state government or by a local
public entity, as defined in Section 50079 of the Health and Safety
Code, or other residential developments or emergency shelters
intended for occupancy by persons and families of low and moderate
income, as defined in Section 50093 of the Health and Safety Code, or
persons and families of middle income, or agricultural employees, as
defined in subdivision (b) of Section 1140.4 of the Labor Code, and
their families. This preferential treatment may include, but need not
be limited to, reduction or waiver of fees or changes in
architectural requirements, site development and property line
requirements, building setback requirements, or vehicle parking
requirements that reduce development costs of these developments.
(f) "Residential development," as used in this section, means a
single-family residence or a multifamily residence, including
manufactured homes, as defined in Section 18007 of the Health and
Safety Code.
(g) This section shall apply to chartered cities.
(h) The Legislature finds and declares that discriminatory
practices that inhibit the development of housing for persons and
families of low, moderate, and middle income, or emergency shelters
for the homeless, are a matter of statewide concern.
SEC. 9. Section 33050 of the Health and Safety Code is amended to
read:
33050. (a) It is hereby declared to be the policy of the state
that in undertaking community redevelopment projects under this part
there shall be no discrimination because of any basis listed in
subdivision (a) or (d) of Section 12955 of the Government Code, as
those bases are defined in Sections 12926, 12926.1, subdivision (m)
and paragraph (1) of subdivision (p) of Section 12955, and Section
12955.2 of the Government Code.
(b) Notwithstanding subdivision (a), with respect to familial
status, subdivision (a) shall not be construed to apply to housing
for older persons, as defined in Section 12955.9 of the Government
Code. With respect to familial status, nothing in subdivision (a)
shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11,
and 799.5 of the Civil Code, relating to housing for senior
citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil
Code and subdivisions (n), (o), and (p) of Section 12955 of the
Government Code shall apply to subdivision (a).
SEC. 10. Section 33435 of the Health and Safety Code is amended to
read:
33435. (a) Agencies shall obligate lessees and purchasers of real
property acquired in redevelopment projects and owners of property
improved as a part of a redevelopment project to refrain from
restricting the rental, sale, or lease of the property on any basis
listed in subdivision (a) or (d) of Section 12955 of the Government
Code, as those bases are defined in Sections 12926, 12926.1,
subdivision (m) and paragraph (1) of subdivision (p) of Section
12955, and Section 12955.2 of the Government Code. All deeds, leases,
or contracts for the sale, lease, sublease, or other transfer of any
land in a redevelopment project shall contain or be subject to the
nondiscrimination or nonsegregation clauses hereafter prescribed.
(b) Notwithstanding subdivision (a), with respect to familial
status, subdivision (a) shall not be construed to apply to housing
for older persons, as defined in Section 12955.9 of the Government
Code. With respect to familial status, nothing in subdivision (a)
shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11,
and 799.5 of the Civil Code, relating to housing for senior
citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil
Code and subdivisions (n), (o), and (p) of Section 12955 of the
Government Code shall apply to subdivision (a).
SEC. 11. Section 33436 of the Health and Safety Code is amended to
read:
33436. Express provisions shall be included in all deeds, leases,
and contracts that the agency proposes to enter into with respect to
the sale, lease, sublease, transfer, use, occupancy, tenure, or
enjoyment of any land in a redevelopment project in substantially the
following form:
(a) (1) In deeds the following language shall appear--"The grantee
herein covenants by and for himself or herself, his or her heirs,
executors, administrators, and assigns, and all persons claiming
under or through them, that there shall be no discrimination against
or segregation of, any person or group of persons on account of any
basis listed in subdivision (a) or (d) of Section 12955 of the
Government Code, as those bases are defined in Sections 12926,
12926.1, subdivision (m) and paragraph (1) of subdivision (p) of
Section 12955, and Section 12955.2 of the Government Code, in the
sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment
of the premises herein conveyed, nor shall the grantee or any person
claiming under or through him or her, establish or permit any
practice or practices of discrimination or segregation with reference
to the selection, location, number, use or occupancy of tenants,
lessees, subtenants, sublessees, or vendees in the premises herein
conveyed. The foregoing covenants shall run with the land."
(2) Notwithstanding paragraph (1), with respect to familial
status, paragraph (1) shall not be construed to apply to housing for
older persons, as defined in Section 12955.9 of the Government Code.
With respect to familial status, nothing in paragraph (1) shall be
construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and
799.5 of the Civil Code, relating to housing for senior citizens.
Subdivision (d) of Section 51 and Section 1360 of the Civil Code and
subdivisions (n), (o), and (p) of Section 12955 of the Government
Code shall apply to paragraph (1).
(b) (1) In leases the following language shall appear--"The lessee
herein covenants by and for himself or herself, his or her heirs,
executors, administrators, and assigns, and all persons claiming
under or through him or her, and this lease is made and accepted upon
and subject to the following conditions:
That there shall be no discrimination against or segregation of
any person or group of persons, on account of any basis listed in
subdivision (a) or (d) of Section 12955 of the Government Code, as
those bases are defined in Sections 12926, 12926.1, subdivision (m)
and paragraph (1) of subdivision (p) of Section 12955, and Section
12955.2 of the Government Code, in the leasing, subleasing,
transferring, use, occupancy, tenure, or enjoyment of the premises
herein leased nor shall the lessee himself or herself, or any person
claiming under or through him or her, establish or permit any such
practice or practices of discrimination or segregation with reference
to the selection, location, number, use, or occupancy, of tenants,
lessees, sublessees, subtenants, or vendees in the premises herein
leased."
(2) Notwithstanding paragraph (1), with respect to familial
status, paragraph (1) shall not be construed to apply to housing for
older persons, as defined in Section 12955.9 of the Government Code.
With respect to familial status, nothing in paragraph (1) shall be
construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and
799.5 of the Civil Code, relating to housing for senior citizens.
Subdivision (d) of Section 51 and Section 1360 of the Civil Code and
subdivisions (n), (o), and (p) of Section 12955 of the Government
Code shall apply to paragraph (1).
(c) In contracts entered into by the agency relating to the sale,
transfer, or leasing of land or any interest therein acquired by the
agency within any survey area or redevelopment project the foregoing
provisions in substantially the forms set forth shall be included and
the contracts shall further provide that the foregoing provisions
shall be binding upon and shall obligate the contracting party or
parties and any subcontracting party or parties, or other transferees
under the instrument.
SEC. 12. Section 33724 of the Health and Safety Code is amended to
read:
33724. (a) All property of the renewal area agency, and all
property of persons participating in the rebuilding or rehabilitation
of the renewal area or who derive any benefit from the rebuilding or
rehabilitation, shall be sold, transferred, leased, purchased,
acquired, administered, and managed without discrimination on account
of any basis listed in subdivision (a) or (d) of Section 12955 of
the Government Code, as those bases are defined in Sections 12926,
12926.1, subdivision (m) and paragraph (1) of subdivision (p) of
Section 12955, and Section 12955.2 of the Government Code.
(b) Notwithstanding subdivision (a), with respect to familial
status, subdivision (a) shall not be construed to apply to housing
for older persons, as defined in Section 12955.9 of the Government
Code. With respect to familial status, nothing in subdivision (a)
shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11,
and 799.5 of the Civil Code, relating to housing for senior
citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil
Code and subdivisions (n), (o), and (p) of Section 12955 of the
Government Code shall apply to subdivision (a).
SEC. 13. Section 33769 of the Health and Safety Code is amended to
read:
33769. (a) An agency shall require that any residence that is
constructed with financing obtained under this chapter shall be open,
upon sale or rental of any portion thereof, to all regardless of any
basis listed in subdivision (a) or (d) of Section 12955 of the
Government Code, as those bases are defined in Sections 12926,
12926.1, subdivision (m) and paragraph (1) of subdivision (p) of
Section 12955, and Section 12955.2 of the Government Code. The agency
shall also require that contractors and subcontractors engaged in
residential construction financed under this chapter shall provide
equal opportunity for employment, without discrimination as to any
basis listed in subdivision (a) of Section 12940 of the Government
Code, as those bases are defined in Sections 12926 and 12926.1 of the
Government Code, and except as otherwise provided in Section 12940
of the Government Code. All contracts and subcontracts for
residential construction financed under this chapter shall be let
without discrimination as to any basis listed in subdivision (a) of
Section 12940 of the Government Code, as those bases are defined in
Sections 12926 and 12926.1 of the Government Code and except as
otherwise provided in Section 12940 of the Government Code. It shall
be the policy of an agency financing residential construction under
this chapter to encourage participation by minority contractors, and
the agency shall adopt rules and regulations to implement this
section.
(b) Notwithstanding subdivision (a), with respect to familial
status, subdivision (a) shall not be construed to apply to housing
for older persons, as defined in Section 12955.9 of the Government
Code. With respect to familial status, nothing in subdivision (a)
shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11,
and 799.5 of the Civil Code, relating to housing for senior
citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil
Code and subdivisions (n), (o), and (p) of Section 12955 of the
Government Code shall apply to subdivision (a).
SEC. 14. Section 35811 of the Health and Safety Code is amended to
read:
35811. (a) No financial institution shall discriminate in the
availability of, or in the provision of, financial assistance for the
purpose of purchasing, constructing, rehabilitating, improving, or
refinancing housing accommodations due, in whole or in part, to the
consideration of any basis listed in subdivision (a) or (d) of
Section 12955 of the Government Code, as those bases are defined in
Sections 12926, 12926.1, subdivision (m) and paragraph (1) of
subdivision (p) of Section 12955, and Section 12955.2 of the
Government Code.
(b) Notwithstanding subdivision (a), with respect to familial
status, subdivision (a) shall not be construed to apply to housing
for older persons, as defined in Section 12955.9 of the Government
Code. With respect to familial status, nothing in subdivision (a)
shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11,
and 799.5 of the Civil Code, relating to housing for senior
citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil
Code and subdivisions (n), (o), and (p) of Section 12955 of the
Government Code shall apply to subdivision (a).
SEC. 15. Section 37630 of the Health and Safety Code is amended to
read:
37630. (a) The local agency shall require that any property that
is rehabilitated with financing obtained under this part shall be
open, upon sale or rental of any portion thereof, to all regardless
of any basis listed in subdivision (a) or (d) of Section 12955 of the
Government Code, as those bases are defined in Sections 12926,
12926.1, subdivision (m) and paragraph (1) of subdivision (p) of
Section 12955, and Section 12955.2 of the Government Code. The local
agency shall also require that contractors and subcontractors engaged
in historical rehabilitation financed under this part provide equal
opportunity for employment, without discrimination as to any basis
listed in subdivision (a) of Section 12940 of the Government Code, as
those bases are defined in Sections 12926 and 12926.1 of the
Government Code, and except as otherwise provided in Section 12940 of
the Government Code. All contracts and subcontracts for historical
rehabilitation financed under this part shall be let without
discrimination as to any basis listed in subdivision (a) of Section
12940 of the Government Code, as those bases are defined in Sections
12926 and 12926.1 of the Government Code, and except as otherwise
provided in Section 12940 of the Government Code.
(b) Notwithstanding subdivision (a), with respect to familial
status, subdivision (a) shall not be construed to apply to housing
for older persons, as defined in Section 12955.9 of the Government
Code. With respect to familial status, nothing in subdivision (a)
shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11,
and 799.5 of the Civil Code, relating to housing for senior
citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil
Code and subdivisions (n), (o), and (p) of Section 12955 of the
Government Code shall apply to subdivision (a).
SEC. 16. Section 37923 of the Health and Safety Code is amended to
read:
37923. (a) The local agency shall require that any residence that
is rehabilitated, constructed, or acquired with financing obtained
under this part shall be open, upon sale or rental of any portion
thereof, to all regardless of any basis listed in subdivision (a) or
(d) of Section 12955 of the Government Code, as those bases are
defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1)
of subdivision (p) of Section 12955, and Section 12955.2 of the
Government Code. The local agency shall also require that contractors
and subcontractors engaged in residential rehabilitation financed
under this part provide equal opportunity for employment, without
discrimination as to any basis listed in subdivision (a) of Section
12940 of the Government Code, as those bases are defined in Sections
12926 and 12926.1 of the Government Code, and except as otherwise
provided in Section 12940 of the Government Code. All contracts and
subcontracts for residential rehabilitation financed under this part
shall be let without discrimination as to any basis listed in
subdivision (a) of Section 12940 of the Government Code, as those
bases are defined in Sections 12926 and 12926.1 of the Government
Code, and except as otherwise provided in Section 12940 of the
Government Code. It shall be the policy of the local agency financing
residential rehabilitation under this part to encourage
participation by minority contractors, and the local agency shall
adopt rules and regulations to implement this section.
(b) Notwithstanding subdivision (a), with respect to familial
status, subdivision (a) shall not be construed to apply to housing
for older persons, as defined in Section 12955.9 of the Government
Code. With respect to familial status, nothing in subdivision (a)
shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11,
and 799.5 of the Civil Code, relating to housing for senior
citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil
Code and subdivisions (n), (o), and (p) of Section 12955 of the
Government Code shall apply to subdivision (a).
SEC. 17. Section 50955 of the Health and Safety Code is amended to
read:
50955. (a) The agency and every housing sponsor shall require
that occupancy of housing developments assisted under this part shall
be open to all regardless of any basis listed in subdivision (a) or
(d) of Section 12955 of the Government Code, as those bases are
defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1)
of subdivision (p) of Section 12955, and Section 12955.2 of the
Government Code, that contractors and subcontractors engaged in the
construction of housing developments shall provide an equal
opportunity for employment, without discrimination as to any basis
listed in subdivision (a) of Section 12940 of the Government Code, as
those bases are defined in Sections 12926 and 12926.1 of the
Government Code, and except as otherwise provided in Section 12940 of
the Government Code, and that contractors and subcontractors shall
submit and receive approval of an affirmative action program prior to
the commencement of construction or rehabilitation. Affirmative
action requirements respecting apprenticeship shall be consistent
with Chapter 4 (commencing with Section 3070) of Division 3 of the
Labor Code.
All contracts for the management, construction, or rehabilitation
of housing developments, and contracts let by housing sponsors,
contractors, and subcontractors in the performance of management,
construction or rehabilitation, shall be let without discrimination
as to any basis listed in subdivision (a) of Section 12940 of the
Government Code, as those bases are defined in Sections 12926 and
12926.1 of the Government Code, except as otherwise provided in
Section 12940 of the Government Code, and pursuant to an affirmative
action program, which shall be at not less than the Federal Housing
Administration affirmative action standards unless the
board makes a specific finding that the
particular requirement would be unworkable. The agency shall
periodically review implementation of affirmative action programs
required by this section.
It shall be the policy of the agency and housing sponsors to
encourage participation with respect to all projects by minority
developers, builders, and entrepreneurs in all levels of
construction, planning, financing, and management of housing
developments. In areas of minority concentration the agency shall
require significant participation of minorities in the sponsorship,
construction, planning, financing, and management of housing
developments. The agency shall (1) require that, to the greatest
extent feasible, opportunities for training and employment arising in
connection with the planning, construction, rehabilitation, and
operation of housing developments financed pursuant to this part be
given to persons of low income residing in the area of that housing,
and (2) determine and implement means to secure the participation of
small businesses in the performance of contracts for work on housing
developments and to develop the capabilities of these small
businesses to more efficiently and competently participate in the
economic mainstream. In order to achieve this participation by small
businesses, the agency may, among other things, waive retention
requirements otherwise imposed on contractors or subcontractors by
regulation of the agency and may authorize or make advance payments
for work to be performed. The agency shall develop relevant selection
criteria for the participation of small businesses to ensure that,
to the greatest extent feasible, the participants possess the
necessary nonfinancial capabilities. The agency may, with respect to
these small businesses, waive bond requirements otherwise imposed
upon contractors or subcontractors by regulation of the agency, but
the agency shall in that case substantially reduce the risk through
(1) a pooled-risk bonding program, (2) a bond program in cooperation
with other federal or state agencies, or (3) development of a
self-insured bonding program with adequate reserves.
The agency shall adopt rules and regulations to implement this
section.
Prior to commitment of a mortgage loan, the agency shall require
each housing sponsor, except with respect to mutual self-help
housing, to submit an affirmative marketing program that meets
standards set forth in regulations of the agency. The agency shall
require such a housing sponsor to conduct the affirmative marketing
program so approved. Additionally, the agency shall supplement the
efforts of individual housing sponsors by conducting affirmative
marketing programs with respect to housing at the state level.
(b) Notwithstanding subdivision (a), with respect to familial
status, subdivision (a) shall not be construed to apply to housing
for older persons, as defined in Section 12955.9 of the Government
Code. With respect to familial status, nothing in subdivision (a)
shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11,
and 799.5 of the Civil Code, relating to housing for senior
citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil
Code and subdivisions (n), (o), and (p) of Section 12955 of the
Government Code shall apply to subdivision (a).
SEC. 18. Section 51602 of the Health and Safety Code is amended to
read:
51602. (a) The agency shall require that occupancy of housing for
which a loan is insured pursuant to this part shall be open to all
regardless of any basis listed in subdivision (a) or (d) of Section
12955 of the Government Code, as those bases are defined in Sections
12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p)
of Section 12955, and Section 12955.2 of the Government Code, and
that contractors and subcontractors engaged in the construction or
rehabilitation of housing funded by a loan insured pursuant to this
part shall provide an equal opportunity for employment without
discrimination as to any basis listed in subdivision (a) of Section
12940 of the Government Code, as those bases are defined in Sections
12926 and 12926.1 of the Government Code, and except as otherwise
provided in Section 12940 of the Government Code.
(b) Notwithstanding subdivision (a), with respect to familial
status, subdivision (a) shall not be construed to apply to housing
for older persons, as defined in Section 12955.9 of the Government
Code. With respect to familial status, nothing in subdivision (a)
shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11,
and 799.5 of the Civil Code, relating to housing for senior
citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil
Code and subdivisions (n), (o), and (p) of Section 12955 of the
Government Code shall apply to subdivision (a).
(c) A qualified developer shall certify compliance with this
section and Section 50955 according to requirements specified by the
pertinent criteria of the agency.
SEC. 19. (a) Section 2.5 of this bill incorporates amendments to
Section 10177 of the Business and Professions Code proposed by both
this bill and AB 790. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2007,
(2) each bill amends Section 10177 of the Business and Professions
Code, and (3) this bill is enacted after AB 790, in which case
Section 2 of this bill shall not become operative.
(b) Section 8.5 of this bill incorporates amendments to Section
65008 of the Government Code proposed by both this bill and AB 2511.
It shall only become operative if (1) both bills are enacted and
become effective on or before January 1, 2007, (2) each bill amends
Section 65008 of the Government Code, and (3) this bill is enacted
after AB 2511, in which case Section 8 of this bill shall not become
operative.