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 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 virusbegin delete (HIV).end deletebegin insert (HIV) or died from AIDS-related complications.end insert The bill would also delete the reference to AIDS from the declaration of legislative 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 1710.2 of the Civil Code is amended to
2read:
(a) (1) Subject to subdivision (d), an owner of real
4property or his or her agent, or any agent of a transferee of real
5property, is not required to disclose either of the following to the
6transferee, as these are not material facts that require disclosure:
7(A) The occurrence of an occupant’s death upon the real
8property or the manner of death where the death has occurred more
9than three years prior to the date the transferee offers to purchase,
10lease, or rent the real property.
11(B) That an occupant of that property was living with human
12immunodeficiency
virusbegin delete (HIV).end deletebegin insert (HIV)end insertbegin insert or died from AIDS-related
13complications.end insert
14(2) As used in this section:
15(A) “Agent” includes any person licensed pursuant to Part 1
16(commencing with Section 10000) of Division 4 of the Business
17and Professions Code.
18(B) “Transferee” includes a purchaser, lessee, or renter of real
19property.
P3 1(b) It is the intent of the Legislature to occupy the field of
2regulation of disclosure
related to either of the following:
3(1) Deaths occurring upon real property.
4(2) The HIV-positive status of a prior occupant in situations
5affecting the transfer of real property or any estate or interest in
6real property.
7(c) This section shall not be construed to alter the law relating
8to disclosure pertaining to any other physical or mental condition
9or disease, and this section shall not relieve any owner or agent of
10any obligation to disclose the physical condition of the premises.
11(d) This section shall not be construed to immunize an owner
12or his or her agent from making an intentional misrepresentation
13in response to a direct inquiry from
a transferee or a prospective
14transferee of real property, concerning deaths on the real property.
This act is an urgency statute necessary for the
16immediate preservation of the public peace, health, or safety within
17the meaning of Article IV of the Constitution and shall go into
18immediate effect. The facts constituting the necessity are:
19In order to protect HIV and AIDS patients and the HIV/AIDS
20community from discrimination in real property transactions that
21may otherwise impose severe emotional distress, it is necessary
22for this act to take effect immediately.
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