AB 73 Assembly Bill

BILL NUMBER: AB 73	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 2, 2016
	AMENDED IN SENATE  JUNE 30, 2016
	AMENDED IN ASSEMBLY  JANUARY 5, 2016
	AMENDED IN ASSEMBLY  MAY 4, 2015
	AMENDED IN ASSEMBLY  MARCH 16, 2015

INTRODUCED BY   Assembly Member Waldron

                        DECEMBER 18, 2014

   An act to amend Section 1710.2 of the Civil Code, relating to real
property, and declaring the urgency thereof, to take effect
immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 73, as amended, Waldron. Real property: disclosure.
   Existing law requires certain disclosures to be made upon the
transfer of residential property and prescribes the manner and form
of the disclosures. Existing law provides that no cause of action
arises against a real property owner or agent, or any agent of a
transferee of real property, for the failure to disclose to the
transferee the occurrence of an occupant's death upon the real
property, as specified, or that an occupant of that property had or
died from Human T-Lymphotropic Virus Type
III/Lymphadenopathy-Associated Virus. Existing law declares the
Legislature's intent to occupy the field of regulation of disclosure
related to deaths  occuring   occurring 
upon real property and of AIDS in situations affecting the transfer
of real property or any estate or interest in real property.
   This bill would delete the prohibition against a cause of action
arising for failure to disclose that an occupant of that property had
or died from this virus.  The bill would further revise the
above provisions to specify that the owner of real property, his or
her agent, or an agent of a transferee of real property is not
required to disclose the occurrence or manner of death of an
occupant, as specified, or that an occupant of the property was
living with human immunodeficiency virus (HIV).  The bill would
also delete the reference to AIDS from the declaration of legislative
 intent.   intent and instead refer to the
HIV-positive status of a prior occupant in situations affecting 
 the transfer of real property or any estate or interest in real
property. 
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: no. State-mandated
local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
   
  SECTION 1.    Section 1710.2 of the Civil Code is
amended to read:
   1710.2.  (a) No cause of action arises against an owner of real
property or his or her agent, or any agent of a transferee of real
property, for the failure to disclose to the transferee the
occurrence of an occupant's death upon the real property or the
manner of death where the death has occurred more than three years
prior to the date the transferee offers to purchase, lease, or rent
the real property. As used in this section, "agent" includes any
person licensed pursuant to Part 1 (commencing with Section 10000) of
Division 4 of the Business and Professions Code. As used in this
section, "transferee" includes a purchaser, lessee, or renter of real
property.
   (b) It is the intention of the Legislature to occupy the field of
regulation of disclosure related to deaths occurring upon real
property in situations affecting the transfer of real property or any
estate or interest in real property.
   (c) This section shall not be construed to alter the law relating
to disclosure pertaining to any other physical or mental condition or
disease, and this section shall not relieve any owner or agent of
any obligation to disclose the physical condition of the premises.
   (d) Nothing in this section shall be construed to immunize an
owner or his or her agent from making an intentional
misrepresentation in response to a direct inquiry from a transferee
or a prospective transferee of real property, concerning deaths on
the real property. 
   SECTION 1.    Section 1710.2 of the   Civil
Code   is amended to read: 
   1710.2.  (a)  No cause of action arises against an
  (1)     Subject to subdivision (d),
an  owner of real property or his or her agent, or any agent of
a transferee of real property,  for the failure 
   is not required  to disclose  either of the
following  to the  transferee the occurrence of an
occupant's death upon the real property or the manner of death where
the death has occurred more than three years prior to the date the
transferee offers to purchase, lease, or rent the real property, or
that an occupant of that property was afflicted with, or died from,
Human T-Lymphotropic Virus Type III/Lymphadenopathy-Associated Virus.
As used in this section, "agent" includes any person licensed
pursuant to Part 1 (commencing with Section 10000) of Division 4 of
the Business and Professions Code. As used in this section,
"transferee" includes a purchaser, lessee, or renter of real
property.   transferee, as these are not material facts
that require disclosure:  
   (A) The occurrence of an occupant's death upon the real property
or the manner of death where the death has occurred more than three
years prior to the date the transferee offers to purchase, lease, or
rent the real property.  
   (B) That an occupant of that property was living with human
immunodeficiency virus (HIV).  
   (2) As used in this section:  
   (A) "Agent" includes any person licensed pursuant to Part 1
(commencing with Section 10000) of Division 4 of the Business and
Professions Code.  
   (B) "Transferee" includes a purchaser, lessee, or renter of real
property. 
   (b) It is the  intention   intent  of
the Legislature to occupy the field of regulation of disclosure
related to  deaths occurring upon real property and of AIDS
in situations affecting the transfer of real property or any estate
or interest in real property.   either of the following:
 
   (1) Deaths occurring upon real property.  
   (2) The HIV-positive status of a prior occupant in situations
affecting the transfer of real property or any estate or interest in
real property. 
   (c) This section shall not be construed to alter the law relating
to disclosure pertaining to any other physical or mental condition or
disease, and this section shall not relieve any owner or agent of
any obligation to disclose the physical condition of the premises.
   (d)  Nothing in this section shall   This
section shall not  be construed to immunize an owner or his or
her agent from making an intentional misrepresentation in response to
a direct inquiry from a transferee or a prospective transferee of
real property, concerning deaths on the real property.
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
    AIDS   In order to protect HIV and AIDS
 patients and the  AIDS   HIV/AIDS 
community  require a change in state law to protect them
 from discrimination in real property transactions that may
otherwise impose severe emotional  distress.  
distress, it is necessary for this act to take effect  
immediately.