BILL NUMBER: AB 73	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 16, 2016
	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 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).   (HIV) or died
from AIDS-related complications.  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 1.  Section 1710.2 of the Civil Code is amended to read:
   1710.2.  (a) (1) Subject to subdivision (d), an owner of real
property or his or her agent, or any agent of a transferee of real
property, is not required to disclose either of the following to the
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).   (HIV) 
 or died from AIDS-related complications. 
   (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 intent of the Legislature to occupy the field of
regulation of disclosure related to 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) 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:
   In order to protect HIV and AIDS patients and the HIV/AIDS
community from discrimination in real property transactions that may
otherwise impose severe emotional distress, it is necessary for this
act to take effect immediately.