SB 550, as amended, Jackson. Accessible housing.
Existing law establishes various programs under the Department of Housing and Community Development, including the California Housing Rehabilitation Program for the development of low-income and multifamily rental housing in the state. Existing law creates the Multifamily Housing Program under the department to provide a standardized set of program rules and features applicable to all housing types based on the existing California Housing Rehabilitation Program. Among other things, the program provides financial assistance to fund projects for, among other things, the development and construction of new, and rehabilitation or acquisition and rehabilitation of, existing, transitional, or rental housing developments, and establishes a project selection process for loans for these projects. Existing law also requires the department to establish a program for the purpose of housing assistance for the physically or developmentally disabled, or mentally disordered.
This bill would create the Accessible Multifamily Housing Act of 2013, which would requirebegin delete new and substantially rehabilitated assisted multifamily housing projectsend deletebegin insert public housing facilities with residential dwelling unitsend insert, as defined, for whichbegin insert requests forend insert building permits arebegin delete issuedend deletebegin insert submittedend insert on and after July 1, 2014, tobegin delete be designed and constructed to be readily accessible to and usable by individuals with mobility, vision, and hearing impairmentsend deletebegin insert
include specified percentages of residential dwelling units that provide compliant mobility and communications featuresend insert, as specified.
By imposing additional enforcement duties on local officials, this bill would create a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
The Legislature finds and declares as follows:
2(a) There exists within the urban and rural areas of the state a
3significant number of people with disabilities who lack accessible,
4decent, safe, and sanitary housing. The lack of affordable,
5accessible housing is a significant problem for adults and children,
6contributing to chronic homelessness and unnecessary
7institutionalization.
8(b) begin deleteCalifornia housing and building codes and standards do not begin insertIn
particular, there is a shortage of housing that
9currently provide end delete
10provides end insertfor sufficient accessibility for people who need accessible
11features in their homes, including people who use mobility devices
12or who have sensory disabilities.
13(c) Ensuring that state accessibility requirements for assisted
14multifamily housing projects meet or exceed the accessibility
15standards required for federally assisted multifamily housing
16projects will reduce confusion, will provide for a more
17comprehensive approach to accessibility, and will result in the
18provision of much needed additional accessible units.
Chapter 6.25 (commencing with Section 50655.1) is
20added to Part 2 of Division 31 of the Health and Safety Code, to
21read:
(a) This chapter shall be known, and may be cited,
5as the Accessible Multifamily Housing Act of 2013.
6(b) (1) New and substantially rehabilitated assisted multifamily
7housing projects shall be designed and constructed to be readily
8accessible to, and usable by, individuals with disabilities. Subject
9to paragraph (2), a minimum of 10 percent of the total dwelling
10units, or at least one unit in the assisted multifamily housing
11project, whichever is greater, shall be made accessible for persons
12with mobility impairments. An additional 4 percent of the units,
13but no fewer than one unit, in the project shall be accessible for
14persons with hearing or vision impairments.
15(b) (1) In public housing facilities with residential dwelling
16units, at least 10 percent, but no fewer than one unit, of the total
17number of residential dwelling units shall provide mobility features
18that comply with Sections 11B-809.2 to 11B-890.4, inclusive, of
19the California Building Standards Code (Title 24 of the California
20Code of Regulations) and shall be on an accessible route as
21required by Section 11B-206, or any greater accessibility
22requirements later adopted in the California Building Standards
23Code.
24(2) In public housing with residential dwelling units, at least 4
25percent, but no fewer than one unit, of the total number of
26residential dwelling units shall provide communications features
27that comply with Section 11B-809.5 of the California Building
28Standards Code (Title 24 of the California Code of Regulations)
29or any greater level of communication
features later adopted in
30the California Building Standards Code.
10 31(2)
end delete
32begin insert(3)end insert The California Housing Finance Agency, the Department
33of Housing and Community Development, or other state or local
34government agency may prescribe a higher percentage or number
35than that prescribed in paragraph (1), upon a determination that a
36higher percentage is necessary for a particular program, project,
37or area, based on census data or other available current data or in
38response to evidence of a need for a higher percentage or number
39received in any other manner.
P4 1(c) This chapter shall apply to allbegin delete assisted multifamily housing begin insert
public housing facilitiesend insert for whichbegin insert requests forend insert building
2projectsend delete
3permits arebegin delete issuedend deletebegin insert submittedend insert on and after July 1, 2014.
The following terms have the following meanings
5for purposes of this chapter:
6(a) “Accessible” means that a multifamily housing unit is on an
7accessible route and is adaptable and otherwise in compliance with
8the standards set forth in Section 8.32 (a), (b), and (c) of Title 24
9of the Code of Federal Regulations.
27 10(b) “Assistance”
end delete
11begin insert(a)end insertbegin insert end insertbegin insert“Financial assistance”end insert means the provision of any land or
12begin delete in-kind contributions, as well asend delete any financial assistance, including
13proceeds of any bond or indenture, loan or grant or bond insurance
14or guarantees, loans, grants, rental assistance, operational
15assistance, development assistance, downpayment assistance,
16rehabilitation assistance, or housing tax creditsbegin insert, including housing
17in which some or all units are subject to affordability restrictions
18due to the provision of density bonuses or other incentives from
19the local governmentend insert.
33 20(c) “Assisted multifamily housing project” means any newly
21developed or substantially rehabilitated multifamily housing
22receiving assistance from state or local public agencies,
23begin insert(b)end insertbegin insert end insertbegin insert“Public housing,” as defined in Section 202 of the California
24Building Standards Code (Title 24 of the California Code of
25Regulations) shall include housing that receives financial
26assistance from any state, local government, or public agency,end insert
27
including from the California Housing Finance Agency, the
28Department of Housing and Community Development, the
29California Tax Credit Allocation Committee, local redevelopment
30agencies and their successors, cities, counties, andbegin delete cityend deletebegin insert citiesend insert and
31counties, and public housing authorities.
If the Commission on State Mandates determines that
33this act contains costs mandated by the state, reimbursement to
34local agencies and school districts for those costs shall be made
35pursuant to Part 7 (commencing with Section 17500) of Division
364 of Title 2 of the Government Code.
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