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 require public housing facilities with residential dwelling units, as defined, for which requests for building permits are submitted on and after July 1, 2014, to include specified percentages of residential dwelling units that provide compliant mobility and communications features, as specified.
end deleteBy imposing additional enforcement duties on local officials, this bill would create a state-mandated local program.
end deleteThe 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.
end deleteThis 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.
end deleteThis bill would require, as part of the next intervening code adoption cycle of the California Building Standards Code adopted after December 1, 2013, that the Division of the State Architect, in consultation with the Department of Housing and Community Development, propose, and that the Building Standards Commission adopt, building standards requiring public housing facilities to provide a specified number of residential dwelling units that have compliant mobility and communications features that make them accessible for persons with disabilities, and that clarify the definition of “public housing,” as specified.
end insertbegin insertThe bill would also require the Department of Housing and Community Development to adopt regulations that require owners and managers of multifamily housing projects that have received a department grant or loan, and that have accessible units, to give priority for those units to persons with disabilities, as specified.
end insertVote: majority.
Appropriation: no.
Fiscal committee: yes.
State-mandated local program: begin deleteyes end deletebegin insertnoend insert.
The people of the State of California do enact as follows:
begin insertSection 18941.10 is added to the end insertbegin insertHealth and
2Safety Codeend insertbegin insert, to read:end insert
As part of the next intervening code adoption cycle
4of the California Building Standards Code (Title 24 of the
5California Code of Regulations) adopted after December 1, 2013,
6the Division of the State Architect, in consultation with the
7Department of Housing and Community Development, shall
P3 1propose, and the Building Standards Commission shall adopt,
2building standards, as follows:
3(a) Standards requiring that, in public housing facilities with
4residential dwelling units, at least 10 percent, but no fewer than
5one unit, of the total number of residential dwelling units provide
6mobility features that comply with Sections 11B-809.2 to
711B-890.4, inclusive, of the California Building Standards Code
8(Title 24 of the California Code of Regulations), or any standards
9
that may be adopted later providing greater accessibility.
10(b) Standards requiring that, in public housing facilities with
11residential dwelling units, at least 4 percent, but no fewer than
12one unit, of the total number of residential dwelling units provide
13communications features that comply with Section 11B-809.5 of
14the California Building Standards Code (Title 24 of the California
15Code of Regulations), or any standards that may be adopted later
16providing greater accessibility.
17(c) Standards clarifying that the definition of “public housing”
18as defined in Section 202 of the California Building Standards
19Code (Title 24 of the California Code of Regulations) includes
20multifamily housing that receives financial assistance from any
21state government, local government, or public agency, including
22from the California Housing Finance Agency, the Department of
23Housing and Community
Development, the California Tax Credit
24Allocation Committee, local redevelopment agencies and their
25successors, cities, counties, and cities and counties, and public
26housing authorities.
27(d) Standards defining “financial assistance” as the provision
28of any land at less than fair market value, or direct financial
29assistance, including loans, grants, guarantees, project-based
30rental assistance, or state or federal low-income housing tax
31credits.
begin insertSection 50466 is added to the end insertbegin insertHealth and Safety Codeend insertbegin insert,
33to read:end insert
The Department of Housing and Community
35Development shall adopt regulations that give priority for
36accessible units to persons with disabilities in multifamily housing
37projects that have received a department grant or loan, and that
38have accessible units. The regulations shall do all of the following:
39(a) Require owners and managers to adopt suitable means to
40ensure that information regarding the availability of accessible
P4 1residential dwelling units reaches eligible individuals with
2disabilities and to take reasonable, nondiscriminatory steps to
3maximize the use of those units by eligible disabled individuals
4who require the accessibility of the particular unit.
5(b) Require an owner or manager, when
an accessible unit
6becomes vacant, to offer the unit:
7(1) First, to a current occupant of another unit within the same
8project, or a comparable project under common control, with a
9disability and who requires the accessibility feature of the vacant
10unit who is occupying a unit that does not have those features, or
11if no such current occupant exists, then
12(2) Second, to an eligible qualified applicant, currently on the
13owner’s or manager’s waiting list, if one exists, with a disability
14and who requires the accessibility features of the vacant unit.
15(c) Require the owner or manager, when offering an accessible
16unit to an applicant who does not have a disability and who does
17not require accessibility features of the unit to require the applicant
18to agree to move to a nonaccessible unit if the accessible unit is
19needed
for a person with a disability.
The Legislature finds and declares as follows:
21(a) There exists within the urban and rural areas of the state a
22significant number of people with disabilities who lack accessible,
23decent, safe, and sanitary housing. The lack of affordable,
24accessible housing is a significant problem for adults and children,
25contributing to chronic homelessness and unnecessary
26institutionalization.
27(b) In
particular, there is a shortage of housing that provides for
28sufficient accessibility for people who need accessible features in
29their homes, including people who use mobility devices or who
30have sensory disabilities.
31(c) Ensuring that state accessibility requirements for assisted
32multifamily housing projects meet or exceed the accessibility
33standards required for federally assisted multifamily housing
34projects will reduce confusion, will provide for a more
35comprehensive approach to accessibility, and will result in the
36provision of much needed additional accessible units.
Chapter 6.25 (commencing with Section 50655.1) is
38added to Part 2 of Division 31 of the Health and Safety Code, to
39read:
(a) This chapter shall be known, and may be cited,
5as the Accessible Multifamily Housing Act of 2013.
6(b) (1) In public housing facilities with residential dwelling
7units, at least 10 percent, but no fewer than one unit, of the total
8number of residential dwelling units shall provide mobility features
9that comply with Sections 11B-809.2 to 11B-890.4, inclusive, of
10the California Building Standards Code (Title 24 of the California
11Code of Regulations) and shall be on an accessible route as
12required by Section 11B-206, or any greater accessibility
13requirements later adopted in the California Building Standards
14Code.
15(2) In public housing with residential dwelling units, at least 4
16percent, but no fewer than one unit, of the total number of
17residential dwelling units shall provide communications features
18that comply with Section 11B-809.5 of the California Building
19Standards Code (Title 24 of the California Code of Regulations)
20or any greater level of communication
features later adopted in
21the California Building Standards Code.
22(3) The California Housing Finance Agency, the Department
23of Housing and Community Development, or other state or local
24government agency may prescribe a higher percentage or number
25than that prescribed in paragraph (1), upon a determination that a
26higher percentage is necessary for a particular program, project,
27or area, based on census data or other available current data or in
28response to evidence of a need for a higher percentage or number
29received in any other manner.
30(c) This chapter shall apply to all
public housing facilities for
31which requests for building permits are submitted on and after July
321, 2014.
The following terms have the following meanings
34for purposes of this chapter:
35(a) “Financial assistance” means the provision of any land or
36any financial assistance, including proceeds of any bond or
37indenture, loan or grant or bond insurance or guarantees, loans,
38grants, rental assistance, operational assistance, development
39assistance, downpayment assistance, rehabilitation assistance, or
40housing tax credits, including housing in which some or all units
P6 1are subject to affordability restrictions due to the provision of
2density bonuses or other incentives from the local government.
3(b) “Public housing,” as defined in Section 202 of the California
4Building Standards Code (Title 24 of the California Code of
5Regulations) shall include housing that receives financial assistance
6from any state, local government, or public agency,
including from
7the California Housing Finance Agency, the Department of
8Housing and Community Development, the California Tax Credit
9Allocation Committee, local redevelopment agencies and their
10successors, cities, counties, and cities and counties, and public
11housing authorities.
If the Commission on State Mandates determines that
13this act contains costs mandated by the state, reimbursement to
14local agencies and school districts for those costs shall be made
15pursuant to Part 7 (commencing with Section 17500) of Division
164 of Title 2 of the Government Code.
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