Amended in Senate June 17, 2014

Amended in Assembly April 22, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 2753


Introduced by Committee on Housing and Community Development (Assembly Member Chau (Chair), Beth Gaines (Vice Chair), Atkins, Brown, Maienschein, Quirk-Silva, and Yamada)

begin insert

(Coauthor: Assembly Member Ammiano)

end insert

March 20, 2014


An act to amend Section 798.37.5 of the Civil Code, to amend Sections 54237.5 and 65588 of the Government Code, and to amend Sections 17926 and 51505 of the Health and Safety Code, relating to housing.

LEGISLATIVE COUNSEL’S DIGEST

AB 2753, as amended, Committee on Housing and Community Development. Housing.

(1) The Mobilehome Residency Law generally governs the terms and conditions of residency in mobilehome parks.

This bill would make a technical, nonsubstantive change to update a cross-reference in a provision of that law.

(2) Existing law sets forth the procedure for the state to dispose of surplus residential property.

This bill would make a technical, nonsubstantive change to properly reference federal law.

(3) The Planning and Zoning Law requires each local government to review its housing element as frequently as appropriate to evaluate specified considerations.

This bill would make a technical, nonsubstantive change to correct a cross-reference in a provision of that law.

(4) The State Housing Law requires existing hotel and motel dwelling units, as specified, to have carbon monoxide devices installed on or before January 1, 2016. Existing law requires the Department of Housing and Community Development, on or before July 1, 2014, to submit for adoption and approval building standards for the installation of carbon monoxide detectors in hotel and motel dwelling units, as specified.

This bill would extend to January 1, 2017, the deadline for the owners of existing hotel and motel dwelling units to install carbon monoxide devices. This bill would extend to July 1, 2015, the deadline for the Department of Housing and Community Development to submit building standards for the installation of carbon monoxide detectors in hotel and motel dwelling units.

(5) The California Homebuyer’s Downpayment Assistance Program assists first-time low- and moderate-income homebuyers utilizing existing mortgage financing and requires certain funds to be used for the Extra Credit Teacher Home Purchase Program or other school personnel home ownership assistance programs, as specified.

This bill would modify an obsolete cross-reference and would provide for specified conditions when the downpayment assistance is not due and payable upon sale of a home.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 798.37.5 of the Civil Code is amended
2to read:

3

798.37.5.  

(a) With respect to trees on rental spaces in a
4mobilehome park, park management shall be solely responsible
5for the trimming, pruning, or removal of any tree, and the costs
6thereof, upon written notice by a homeowner or a determination
7by park management that the tree poses a specific hazard or health
8and safety violation. In the case of a dispute over that assertion,
9the park management or a homeowner may request an inspection
10by the Department of Housing and Community Development or
11a local agency responsible for the enforcement of the Mobilehome
12Parks Act (Part 2.1 (commencing with Section 18200) of Division
P3    113 of the Health and Safety Code) in order to determine whether
2a violation of that act exists.

3(b) With respect to trees in the common areas of a mobilehome
4park, park management shall be solely responsible for the
5trimming, pruning, or removal of any tree, and the costs thereof.

6(c) Park management shall be solely responsible for the
7maintenance, repair, replacement, paving, sealing, and the expenses
8related to the maintenance of all driveways installed by park
9management including, but not limited to, repair of root damage
10to driveways and foundation systems and removal. Homeowners
11shall be responsible for the maintenance, repair, replacement,
12paving, sealing, and the expenses related to the maintenance of a
13homeowner installed driveway. A homeowner may be charged for
14the cost of any damage to the driveway caused by an act of the
15homeowner or a breach of the homeowner’s responsibilities under
16the rules and regulations so long as those rules and regulations are
17not inconsistent with the provisions of this section.

18(d) No homeowner may plant a tree within the mobilehome
19park without first obtaining written permission from the
20management.

21(e) This section shall not apply to alter the terms of any rental
22agreement in effect prior to January 1, 2001, between the park
23management and the homeowner regarding the responsibility for
24the maintenance of trees and driveways within the mobilehome
25park, except that upon any renewal or extension, the rental
26agreement shall be subject to this section. This section is not
27intended to abrogate the content of any existing rental agreement
28or other written agreements regarding trees or driveways that are
29in effect prior to January 1, 2001.

30(f) This section shall only apply to rental agreements entered
31into, renewed, or extended on or after January 1, 2001.

32(g) Any mobilehome park rule or regulation shall be in
33compliance with this section.

34

SEC. 2.  

Section 54237.5 of the Government Code is amended
35to read:

36

54237.5.  

Notwithstanding the requirement to provide repairs
37in subdivision (b) of Section 54237, the selling agency may, at its
38option, provide the present occupants with a replacement dwelling
39if all of the following conditions exist:

P4    1(a) Providing a replacement dwelling is less expensive than
2providing the repairs required by subdivision (b) of Section 54237.

3(b) The replacement dwelling is determined to have all of the
4following characteristics:

5(1) Is decent, safe, and sanitary.

6(2) Is suitable to the occupancy needs of the household as
7provided under regulations of the United States Department of
8Housing and Urban Development issued pursuant to Section 8 of
9the United States Housing Act of 1937.

10(3) Is open to all persons regardless of race, color, religion, sex,
11or national origin and consistent with requirements of Title VIII
12of the Civil Rights Act of 1968.

13(4) Is in an area not generally less desirable than the dwelling
14to be acquired in regard to public utilities and public and
15commercial facilities.

16(5) Is reasonably accessible to the displaced person’s place of
17employment.

18(6) Is in an equal or better neighborhood.

19(7) Is affordable, as defined in subdivision (b) of Section 54236,
20to the displaced person.

21(c) The offer is made at an affordable price that is not less than
22the price paid by the agency for original acquisition of the unit
23now occupied by the displaced person or the replacement unit,
24whichever is less, and is not more than market value.

25(d) The replacement dwelling is a newly constructed or a vacant
26residential unit. No resident shall be displaced, as defined by
27Section 7260, for the purpose of creating a replacement unit.

28

SEC. 3.  

Section 65588 of the Government Code is amended
29to read:

30

65588.  

(a) Each local government shall review its housing
31element as frequently as appropriate to evaluate all of the
32following:

33(1) The appropriateness of the housing goals, objectives, and
34policies in contributing to the attainment of the state housing goal.

35(2) The effectiveness of the housing element in attainment of
36the community’s housing goals and objectives.

37(3) The progress of the city, county, or city and county in
38implementation of the housing element.

39(b) The housing element shall be revised as appropriate, but no
40less often than required by subdivision (e), to reflect the results of
P5    1this periodic review. Nothing in this section shall be construed to
2excuse the obligations of the local government to adopt a revised
3housing element in accordance with the schedule specified in this
4section.

5(c) The review and revision of housing elements required by
6this section shall take into account any low- or moderate-income
7housing provided or required pursuant to Section 65590.

8(d) The review pursuant to subdivision (c) shall include, but
9need not be limited to, the following:

10(1) The number of new housing units approved for construction
11within the coastal zone after January 1, 1982.

12(2) The number of housing units for persons and families of
13low or moderate income, as defined in Section 50093 of the Health
14and Safety Code, required to be provided in new housing
15developments either within the coastal zone or within three miles
16of the coastal zone pursuant to Section 65590.

17(3) The number of existing residential dwelling units occupied
18by persons and families of low or moderate income, as defined in
19Section 50093 of the Health and Safety Code, that have been
20authorized to be demolished or converted since January 1, 1982,
21in the coastal zone.

22(4) The number of residential dwelling units for persons and
23families of low or moderate income, as defined in Section 50093
24of the Health and Safety Code, that have been required for
25replacement or authorized to be converted or demolished as
26identified in paragraph (3). The location of the replacement units,
27either onsite, elsewhere within the locality’s jurisdiction within
28the coastal zone, or within three miles of the coastal zone within
29the locality’s jurisdiction, shall be designated in the review.

30(e) Each city, county, and city and county shall revise its housing
31element according to the following schedule:

32(1) (A) Local governments within the regional jurisdiction of
33the Southern California Association of Governments: June 30,
342006, for the fourth revision.

35(B) Local governments within the regional jurisdiction of the
36Association of Bay Area Governments: June 30, 2007, for the
37fourth revision.

38(C) Local governments within the regional jurisdiction of the
39Council of Fresno County Governments, the Kern County Council
40of Governments, and the Sacramento Area Council of
P6    1Governments: June 30, 2002, for the third revision, and June 30,
22008, for the fourth revision.

3(D) Local governments within the regional jurisdiction of the
4Association of Monterey Bay Area Governments: December 31,
52002, for the third revision, and June 30, 2009, for the fourth
6revision.

7(E) Local governments within the regional jurisdiction of the
8San Diego Association of Governments: June 30, 2005, for the
9fourth revision.

10(F) All other local governments: December 31, 2003, for the
11third revision, and June 30, 2009, for the fourth revision.

12(2) (A) All local governments within a metropolitan planning
13organization in a region classified as nonattainment for one or
14more pollutants regulated by the federal Clean Air Act (42 U.S.C.
15Sec. 7506), except those within the regional jurisdiction of the San
16Diego Association of Governments, shall adopt the fifth revision
17of the housing element no later than 18 months after adoption of
18the first regional transportation plan to be adopted after September
1930, 2010.

20(B) (i) All local governments within the regional jurisdiction
21of the San Diego Association of Governments shall adopt the fifth
22revision of the housing element no later than 18 months after
23adoption of the first regional transportation plan update to be
24adopted after September 30, 2010.

25(ii) Prior to or concurrent with the adoption of the fifth revision
26of the housing element, each local government within the regional
27jurisdiction of the San Diego Association of Governments shall
28identify adequate sites in its inventory pursuant to Section 65583.2
29or rezone adequate sites to accommodate a prorated portion of its
30share of the regional housing need for the projection period
31 representing the period from July 1, 2010, to the deadline for
32housing element adoption described in clause (i).

33(I) For the fifth revision, a local government within the
34jurisdiction of the San Diego Association of Governments that has
35not adopted a housing element for the fourth revision by January
361, 2009, shall revise its housing element not less than every four
37years, beginning on the date described in clause (i), in accordance
38with paragraph (4), unless the local government does both of the
39following:

P7    1(ia) Adopts a housing element for the fourth revision no later
2than March 31, 2010, which is in substantial compliance with this
3article.

4(ib) Completes any rezoning contained in the housing element
5 program for the fourth revision by June 30, 2010.

6(II) For the sixth and subsequent revisions, a local government
7within the jurisdiction of the San Diego Association of
8Governments shall be subject to the dates described in clause (i),
9in accordance with paragraph (4).

10(C) All local governments within the regional jurisdiction of a
11metropolitan planning organization or a regional transportation
12planning agency that has made an election pursuant to
13subparagraph (L) of paragraph (2) of subdivision (b) of Section
1465080 by June 1, 2009, shall adopt the fifth revision of the housing
15element no later than 18 months after adoption of the first regional
16transportation plan update following the election.

17(D) All other local governments shall adopt the fifth revision
18of the housing element five years after the date specified in
19paragraph (1).

20(3) Subsequent revisions of the housing element shall be due
21as follows:

22(A) For local governments described in subparagraphs (A), (B),
23and (C) of paragraph (2), 18 months after adoption of every second
24regional transportation plan update, provided that the deadline for
25adoption is no more than eight years later than the deadline for
26adoption of the previous eight-year housing element.

27(B) For all other local governments, at five-year intervals after
28the date specified in subparagraph (D) of paragraph (2).

29(C) If a metropolitan planning organization or a regional
30transportation planning agency subject to the five-year revision
31interval in subparagraph (B) makes an election pursuant to
32subparagraph (M) of paragraph (2) of subdivision (b) of Section
3365080 after June 1, 2009, all local governments within the regional
34jurisdiction of that entity shall adopt the next housing element
35revision no later than 18 months after adoption of the first regional
36transportation plan update following the election. Subsequent
37revisions shall be due 18 months after adoption of every second
38regional transportation plan update, provided that the deadline for
39adoption is no more than eight years later than the deadline for
40adoption of the previous eight-year housing element.

P8    1(4) (A) A local government that does not adopt a housing
2element within 120 days of the applicable deadline described in
3subparagraph (A), (B), or (C) of paragraph (2) or subparagraph
4(A) or (C) of paragraph (3) shall revise its housing element not
5less than every four years until the local government has adopted
6at least two consecutive revisions by the statutory deadline.

7(B) If necessary, the local government shall adopt three
8consecutive four-year revisions by the statutory deadline to ensure
9that when the local government adopts its next housing element
10covering an eight-year planning period, it does so at the deadline
11for adoption for other local governments within the region also
12covering an eight-year planning period.

13(C) The deadline for adoption of every second four-year revision
14shall be the same as the deadline for adoption for other local
15governments within the region.

16(5) The metropolitan planning organization or a regional
17transportation planning agency for a region that has an eight-year
18revision interval pursuant to paragraph (3) shall notify the
19department and the Department of Transportation in writing of the
20estimated adoption date for its next regional transportation plan
21update at least 12 months prior to the estimated adoption date. The
22Department of Transportation shall maintain and publish on its
23Internet Web site a current schedule of the estimated regional
24transportation plan adoption dates. The department shall maintain
25and publish on its Internet Web site a current schedule of the
26estimated and actual housing element due dates. Each council of
27governments shall publish on its Internet Web site the estimated
28and actual housing element due dates, as published by the
29department, for the jurisdictions within its region and shall send
30notice of these dates to interested parties. For purposes of
31determining the existing and projected need for housing within a
32region pursuant to Sections 65584 to 65584.08, inclusive, the date
33of the next scheduled revision of the housing element shall be
34deemed to be the estimated adoption date of the regional
35transportation plan update described in the notice provided to the
36Department of Transportation plus 18 months.

37(6) The new projection period shall begin on the date of
38December 31 or June 30 that most closely precedes the end of the
39previous projection period.

P9    1(f) For purposes of this article, the following terms have the
2following meanings:

3(1) “Planning period” shall be the time period between the due
4date for one housing element and the due date for the next housing
5element.

6(2) “Projection period” shall be the time period for which the
7regional housing need is calculated.

8(g) For purposes of this section, “regional transportation plan
9update” shall mean a regional transportation plan adopted to satisfy
10the requirements of subdivision (d) of Section 65080.

11

SEC. 4.  

Section 17926 of the Health and Safety Code is
12amended to read:

13

17926.  

(a) An owner of a dwelling unit intended for human
14occupancy shall install a carbon monoxide device, approved and
15listed by the State Fire Marshal pursuant to Section 13263, in each
16existing dwelling unit having a fossil fuel burning heater or
17appliance, fireplace, or an attached garage, within the earliest
18applicable time period as follows:

19(1) For all existing single-family dwelling units intended for
20human occupancy on or before July 1, 2011.

21(2) For all existing hotel and motel dwelling units intended for
22human occupancy on or before January 1, 2017.

23(3) For all other existing dwelling units intended for human
24occupancy on or before January 1, 2013.

25(b) With respect to the number and placement of carbon
26monoxide devices, an owner shall install the devices in a manner
27consistent with building standards applicable to new construction
28for the relevant type of occupancy or with the manufacturer’s
29instructions, if it is technically feasible to do so.

30(c) (1) Notwithstanding Section 17995, and except as provided
31in paragraph (2), a violation of this section is an infraction
32punishable by a maximum fine of two hundred dollars ($200) for
33each offense.

34(2) Notwithstanding paragraph (1), a property owner shall
35receive a 30-day notice to correct. If an owner receiving notice
36fails to correct within that time period, the owner may be assessed
37the fine pursuant to paragraph (2).

38(d) No transfer of title shall be invalidated on the basis of a
39failure to comply with this section, and the exclusive remedy for
40the failure to comply with this section is an award of actual
P10   1damages not to exceed one hundred dollars ($100), exclusive of
2any court costs and attorney’s fees. This subdivision is not intended
3to affect any duties, rights, or remedies otherwise available at law.

4(e) A local ordinance requiring carbon monoxide devices may
5be enacted or amended if the ordinance is consistent with this
6chapter.

7(f) On or before July 1, 2015, the department shall submit for
8adoption and approval pursuant to Chapter 4 (commencing with
9Section 18935) of Part 2.5, building standards for the installation
10of carbon monoxide detectors in hotel and motel dwelling units
11intended for human occupancy. In developing these standards, the
12department shall do both of the following:

13(1) Convene and consult a stakeholder group that includes
14members with expertise in multifamily dwellings, lodging,
15maintenance, and construction.

16(2) Review and consider the most current national codes and
17standards available related to the installation of carbon monoxide
18detection.

19(g) For purposes of this section and Section 17926.1, “dwelling
20unit intended for human occupancy” has the same meaning as that
21term is defined in Section 13262.

22

SEC. 5.  

Section 51505 of the Health and Safety Code is
23amended to read:

24

51505.  

(a) In addition to the downpayment assistance program
25authorized by Section 51504, and notwithstanding any provision
26of Section 51504 to the contrary, the agency shall provide
27downpayment assistance from the funds set aside pursuant to
28subparagraph (D) of paragraph (7) of subdivision (a) of Section
2953533 for the purposes of the portion of the Extra Credit Teacher
30Home Purchase Program provided for in subdivision (g) of Section
318869.84 of the Government Code and any other school personnel
32home ownership assistance programs as set forth by the California
33Debt Limit Allocation Committee, as operated by the agency.
34Notwithstanding the foregoing, the agency may, but is not required
35to, provide downpayment assistance pursuant to this section to any
36local issuer participating in the Extra Credit Teacher Home
37Purchase Program and any other school personnel home ownership
38assistance programs as set forth by the California Debt Limit
39Allocation Committee.

P11   1(b) (1) Downpayment assistance for purposes of this section
2shall be subject to, and shall meet the requirements of, the Extra
3Credit Teacher Home Purchase Program and any other school
4personnel home ownership programs as set forth by the California
5Debt Limit Allocation Committee, and shall include, but not be
6limited to, deferred payment, low interest rate loans.

7(2) Except as provided in paragraphs (3) and (5), payment of
8principal and interest is deferred until the time that the home is
9sold or refinanced.

10(3) The agency may, in its discretion, permit the downpayment
11assistance loan to be subordinated to refinancing if it determines
12that the borrower has demonstrated hardship, subordination is
13required to avoid foreclosure, and the new loan meets the agency’s
14underwriting requirements. The agency may permit subordination
15on those terms and conditions as it determines are reasonable, but
16subordination is not permitted if the borrower has sufficient equity
17to repay the loan.

18(4) This downpayment assistance shall meet the requirements
19of paragraph (3) of, and subparagraph (A) of paragraph (4)begin insert of
20subdivision (a)end insert
of, Section 51504.

21(5) The amount of the downpayment assistance shall not be due
22and payable upon sale of the home if the first mortgage loan is
23insured by the Federal Housing Administration (FHA) or if the
24first mortgage loan is, or has been, transferred to the FHA, or if
25the requirement is otherwise contrary to regulations of the United
26States Department of Housing and Urban Development governing
27FHA insured first mortgage loans.

28(c) Loans made pursuant to this section may include a provision
29whereby interest, principal, or both, of the loan is forgiven upon
30conditions to be established by the agency, or any other provision
31designed to carry out the purposes of the Extra Credit Teacher
32Home Purchase Program and any other school personnel home
33ownership programs as set forth by the California Debt Limit
34Allocation Committee.

35(d) Downpayment assistance pursuant to this section shall not
36exceed the greater of seven thousand five hundred dollars ($7,500)
37 or 3 percent of the home sales price. However, the agency may,
38with the concurrence of the California Debt Limit Allocation
39Committee, establish higher assistance limits where necessary to
P12   1ensure sufficient assistance to allow program participation in high
2cost areas.



O

    97