Amended in Assembly May 6, 2015

Amended in Assembly April 23, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1448


Introduced by Assembly Member Lopez

February 27, 2015


An act to add Sections 1940.20 and 4750.10 to the Civil Code, relating to real property.

LEGISLATIVE COUNSEL’S DIGEST

AB 1448, as amended, Lopez. Personal energy conservation: real property restrictions.

(1) Existing law requires a landlord to permit a tenant to participate in personal agriculture in portable containers approved by the landlord if certain conditions are met, including, among others, that the plant crop will not interfere with the maintenance of the rental property.

This billbegin delete wouldend deletebegin insert would, subject to reasonable time and place requirements,end insert require a landlord to permit a tenant to utilize a clothesline or drying rack, as defined, approved by the landlord in the tenant’s private area, as defined, if certain conditions are met, including, among others, that the clothesline or drying rack will not interfere with the maintenance of the rental property.begin delete The bill would specify that these provisions do not prohibit reasonable time or location restrictions.end delete

(2) Under existing law, any provision of a governing document, as defined, that effectively prohibits or unreasonably restricts the use of a homeowner’s backyard for personal agriculture, as defined, is void and unenforceable, unless it imposes a reasonable restriction, as defined, on the use of a homeowner’s backyard.

This bill would make any provision of a governing document, as defined, void and unenforceable if it effectively prohibits or unreasonably restricts the use of a homeowner’s backyard forbegin delete personal energy conservation purposes, including, but not limited to,end delete the use of a clothesline, as defined, orbegin delete any other similar device,end deletebegin insert a drying rack,end insert except that reasonable restrictions, as defined, would be enforceable. The bill would specify that these provisions would only apply to yards that are designated for the exclusive use of the homeowner.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 1940.20 is added to the Civil Code, 2immediately following Section 1940.10, to read:

3

1940.20.  

(a) For purposes of this section, the following
4definitions shall apply:

5(1) “Clothesline” includes a cord, rope, or wire from which
6clothes may be hung to dry or air.

7(2) “Drying rack” means an apparatus from which clothes may
8be hung to dry or air.

9(3) “Private area” means an outdoor area or an area in the
10tenant’s premises enclosed by a wall or fence with access from a
11door of the premises.

12(b) begin deleteA end deletebegin insertSubject to reasonable time or location restrictions, a end insert
13landlord shall permit a tenant to utilize a clothesline or drying rack
14approved by the landlord in the tenant’s private area ifbegin delete bothend deletebegin insert allend insert of
15the following conditions are met:

16(1) The clothesline or drying rack shall not interfere with the
17maintenance of the rental property.

18(2) The clothesline or drying rack shall not create a health or
19safety hazard, block doorways, or interfere with walkways or utility
20service equipment.

begin delete

21(c) This section does not prohibit reasonable time or location
22restrictions.

end delete
begin insert

23(3) The tenant seeks the landlord’s consent before affixing a
24clothesline to a building.

end insert
25

SEC. 2.  

Section 4750.10 is added to the Civil Code, 26immediately following Section 4750, to read:

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4750.10.  

(a) For purposes of this section, “clothesline” has
2the same definition as in Section 1940.20.

3(b) Any provision of a governing document, as defined in
4Section 4150, shall be void and unenforceable if it effectively
5prohibits or unreasonably restrictsbegin delete the use of a homeowner’s
6backyard for personal energy conservation purposes, including,
7but not limited to, the use of a clothesline or any similar device.end delete
begin insert a
8homeowner’s ability to use a backyard clothesline or drying rack.end insert

9(c) (1) This section does not apply to provisions that impose
10reasonable restrictions onbegin delete the use ofend delete a homeowner’s yard for
11begin delete personal energy conservation purposes, includingend delete the use of a
12clothesline orbegin delete any similar device.end deletebegin insert drying rack.end insert

13(2) For purposes of this section, “reasonable restrictions” are
14restrictions that do not significantly increase the cost ofbegin delete engaging
15in personal energy conservation, including the use of a clothesline
16or any similar device, or significantly decrease the efficiency of
17personal energy conservation.end delete
begin insert using a clothesline or drying rack.end insert

18(3) This section applies only to yards that are designated for the
19exclusive use of the homeowner.

20(d) Nothing in this section shall prohibit an association from
21establishing and enforcing reasonable rules governing clotheslines
22orbegin delete any similar device.end deletebegin insert drying racks.end insert



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