Amended in Assembly May 14, 2015

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 bill 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.

(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 ofbegin delete a homeowner’s backyard for the use of a clothesline, as defined,end deletebegin insert a clotheslineend insert or a drying rack,begin insert as defined, in an owner’s yard,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 thebegin delete homeowner.end deletebegin insert owner.end insert

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
6begin delete clothesend deletebegin insert laundered itemsend insert may be hung to dry or air.begin insert A balcony,
7railing, awning, or other part of a structure or building shall not
8qualify as a clothesline.end insert

9(2) “Drying rack” means an apparatus from whichbegin delete clothesend delete
10begin insert laundered itemsend insert may be hung to dry or air.begin insert A balcony, railing,
11awning, or other part of a structure or building shall not qualify
12as a drying rack.end insert

13(3) “Private area” means an outdoor area or an area in the
14tenant’s premises enclosed by a wall or fence with access from a
15door of the premises.

16(b)  begin deleteSubject to reasonable time or location restrictions, a landlord
17shall permit a end delete
begin insertAend insertbegin insert end inserttenantbegin delete toend deletebegin insert mayend insert utilize a clothesline or drying rack
18begin insert ifend insert approved by thebegin delete landlordend deletebegin insert landlord, and subject to reasonable
19time or location restrictions,end insert
in the tenant’s private area if all of
20the following conditions are met:

21(1) The clothesline or drying rack shall not interfere with the
22maintenance of the rental property.

23(2) The clothesline or drying rack shall not create a health or
24safety hazard, block doorways, or interfere with walkways or utility
25service equipment.

26(3) The tenant seeks the landlord’s consent before affixing a
27clothesline to a building.

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SEC. 2.  

Section 4750.10 is added to the Civil Code, 2immediately following Section 4750, to read:

3

4750.10.  

(a) For purposes of this section, “clothesline”begin delete has
4the same definition as in Section 1940.20.end delete
begin insert includes a cord, rope,
5or wire from which laundered items may be hung to dry or air. A
6balcony, railing, awning, or other part of a structure or building
7shall not qualify as a clothesline.end insert

begin insert

8(b) For purposes of this section, “drying rack” means an
9apparatus from which laundered items may be hung to dry or air.
10A balcony, railing, awning, or other part of a structure or building
11shall not qualify as a drying rack.

end insert
begin delete

12(b)

end delete

13begin insert(c)end insert Any provision of a governing document, as defined in
14Section 4150, shall be void and unenforceable if it effectively
15prohibits or unreasonably restrictsbegin delete a homeowner’send deletebegin insert an owner’send insert
16 ability to use abegin delete backyardend delete clothesline or dryingbegin delete rack.end deletebegin insert rack in the
17owner’s yard.end insert

begin delete

18(c)

end delete

19begin insert(d)end insert (1) This section does not apply to provisions that impose
20reasonable restrictions onbegin delete a homeowner’send deletebegin insert an owner’send insert yard for the
21use of a clothesline or drying rack.

22(2) For purposes of this section, “reasonable restrictions” are
23restrictions that do not significantly increase the cost of using a
24clothesline or drying rack.

25(3) This section applies only to yards that are designated for the
26exclusive use of thebegin delete homeowner.end deletebegin insert owner.end insert

begin delete

27(d)

end delete

28begin insert(e)end insert Nothing in this section shall prohibit an association from
29establishing and enforcing reasonable rules governing clotheslines
30or drying racks.



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