BILL NUMBER: AB 607 CHAPTERED 10/13/07 CHAPTER 599 FILED WITH SECRETARY OF STATE OCTOBER 13, 2007 APPROVED BY GOVERNOR OCTOBER 13, 2007 PASSED THE SENATE AUGUST 30, 2007 PASSED THE ASSEMBLY MAY 3, 2007 AMENDED IN ASSEMBLY APRIL 17, 2007 INTRODUCED BY Assembly Member Brownley (Coauthor: Assembly Member Hancock) FEBRUARY 21, 2007 An act to amend Section 1941.1 of the Civil Code, and to add Section 17958.3 to the Health and Safety Code, relating to locking mail receptacles at residential hotels. LEGISLATIVE COUNSEL'S DIGEST AB 607, Brownley. Residential hotels: locking mail receptacles. Existing law states the Legislature's intent for the state to play an important role in improving the quality of residential hotels as a housing resource for persons of very low and low income. Existing law also requires a lessor to maintain a building intended for the occupation of human beings in a tenantable condition, subject to certain exceptions. This bill would, after July 1, 2008, require all residential hotels to provide each residential unit with a locking mail receptacle, acceptable for mail delivery by the United States Postal Service. This bill also authorizes, under certain circumstances, cities, counties, and cities and counties to make and enforce ordinances that provide greater protections and increased penalties for a residential hotel's failure to provide an adequate locking mail receptacle for each residential unit. This bill would, after July 1, 2008, make a failure to provide an adequate locking mail receptacle a basis for considering a residential unit untenantable. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 1941.1 of the Civil Code is amended to read: 1941.1. A dwelling shall be deemed untenantable for purposes of Section 1941 if it substantially lacks any of the following affirmative standard characteristics or is a residential unit described in Section 17920.3 or 17920.10 of the Health and Safety Code: (a) Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors. (b) Plumbing or gas facilities that conformed to applicable law in effect at the time of installation, maintained in good working order. (c) A water supply approved under applicable law that is under the control of the tenant, capable of producing hot and cold running water, or a system that is under the control of the landlord, that produces hot and cold running water, furnished to appropriate fixtures, and connected to a sewage disposal system approved under applicable law. (d) Heating facilities that conformed with applicable law at the time of installation, maintained in good working order. (e) Electrical lighting, with wiring and electrical equipment that conformed with applicable law at the time of installation, maintained in good working order. (f) Building, grounds, and appurtenances at the time of the commencement of the lease or rental agreement, and all areas under control of the landlord, kept in every part clean, sanitary, and free from all accumulations of debris, filth, rubbish, garbage, rodents, and vermin. (g) An adequate number of appropriate receptacles for garbage and rubbish, in clean condition and good repair at the time of the commencement of the lease or rental agreement, with the landlord providing appropriate serviceable receptacles thereafter and being responsible for the clean condition and good repair of the receptacles under his or her control. (h) Floors, stairways, and railings maintained in good repair. (i) A locking mail receptacle for each residential unit in a residential hotel, as required by Section 17958.3 of the Health and Safety Code. This subdivision shall become operative on July 1, 2008. SEC. 2. Section 17958.3 is added to the Health and Safety Code, to read: 17958.3. (a) All residential hotels, as defined by paragraph (1) of subdivision (b) of Section 50519, shall provide a locking mail receptacle for each residential unit, consistent with the applicable standards for apartment housing mail receptacles in the United States Postal Service Domestic Mail Manual. Installation and maintenance of each mail receptacle shall meet all of the specifications and requirements of the United States Postal Service. (b) Notwithstanding the date of construction of the residential hotel, each mail receptacle shall comply with the requirements of the Fair Housing Act (42 U.S.C. Sec. 3601). (c) Notwithstanding Sections 17922, 17958, and 17958.5, a city, county, or city and county may enact and enforce ordinances which provide greater protections, additional standards, and increased remedies with respect to the provision of a locking mail receptacle for each residential unit in a residential hotel. (d) This section shall become operative on July 1, 2008.