BILL NUMBER: AB 1448	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 6, 2015
	AMENDED IN ASSEMBLY  APRIL 23, 2015

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 bill  would   would, subject to
reasonable time and place requirements,  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.  The bill would specify that these
provisions do not prohibit reasonable time or location restrictions.

   (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 for 
personal energy conservation purposes, including, but not limited
to,  the use of a clothesline, as defined, or  any
other similar device,   a drying rack,  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:

  SECTION 1.  Section 1940.20 is added to the Civil Code, immediately
following Section 1940.10, to read:
   1940.20.  (a) For purposes of this section, the following
definitions shall apply:
   (1) "Clothesline" includes a cord, rope, or wire from which
clothes may be hung to dry or air.
   (2) "Drying rack" means an apparatus from which clothes may be
hung to dry or air.
   (3) "Private area" means an outdoor area or an area in the tenant'
s premises enclosed by a wall or fence with access from a door of the
premises.
   (b)  A   Subject   to reasonable
time or location restrictions, a  landlord shall permit a tenant
to utilize a clothesline or drying rack approved by the landlord in
the tenant's private area if  both   all 
of the following conditions are met:
   (1) The clothesline or drying rack shall not interfere with the
maintenance of the rental property.
   (2) The clothesline or drying rack shall not create a health or
safety hazard, block doorways, or interfere with walkways or utility
service equipment. 
   (c) This section does not prohibit reasonable time or location
restrictions.  
   (3) The tenant seeks the landlord's consent before affixing a
clothesline to a building. 
  SEC. 2.  Section 4750.10 is added to the Civil Code, immediately
following Section 4750, to read:
   4750.10.  (a) For purposes of this section, "clothesline" has the
same definition as in Section 1940.20.
   (b) Any provision of a governing document, as defined in Section
4150, shall be void and unenforceable if it effectively prohibits or
unreasonably restricts  the use of a homeowner's backyard for
personal energy conservation purposes, including, but not limited
to, the use of a clothesline or any similar device.   a
homeowner's ability to use a backyard clothesline or drying rack.

   (c) (1) This section does not apply to provisions that impose
reasonable restrictions on  the use of  a homeowner'
s yard for  personal energy conservation purposes, including
 the use of a clothesline or  any similar device.
  drying rack. 
   (2) For purposes of this section, "reasonable restrictions" are
restrictions that do not significantly increase the cost of 
engaging in personal energy conservation, including the use of a
clothesline or any similar device, or significantly decrease the
efficiency of personal energy conservation.   using a
clothesline or drying rack. 
   (3) This section applies only to yards that are designated for the
exclusive use of the homeowner.
   (d) Nothing in this section shall prohibit an association from
establishing and enforcing reasonable rules governing clotheslines or
 any similar device.   drying racks.