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 of
begin delete a homeowner’s backyard for the use of a clothesline, as
defined,end delete or 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 begin delete homeowner.end delete
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1940.20 is added to the Civil Code, 2immediately following Section 1940.10, to read:
(a) For purposes of this section, the following
4definitions shall apply:
5(1) “Clothesline” includes a cord, rope, or wire from which
begin delete clothesend delete may be hung to dry or air.
9(2) “Drying rack” means an apparatus from which
begin delete clothesend delete
10 may be hung to dry or air.
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.
to reasonable time or location restrictions, a landlord
17shall permit a end delete
begin delete toend delete utilize a clothesline or drying rack
18 approved by the
begin delete landlordend delete 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
26(3) The tenant seeks the landlord’s consent before affixing a
27clothesline to a building.
Section 4750.10 is added to the Civil Code, 2immediately following Section 4750, to read:
(a) For purposes of this section, “clothesline”
begin delete has
4the same definition as in Section 1940.20.end delete
13 Any provision of a governing document, as defined in
14Section 4150, shall be void and unenforceable if it effectively
15prohibits or unreasonably restricts
begin delete a homeowner’send delete
16 ability to use a
begin delete backyardend delete clothesline or drying begin delete rack.end delete
19 (1) This section does not apply to provisions that impose
20reasonable restrictions on
begin delete a homeowner’send delete 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 the
begin delete homeowner.end delete
28 Nothing in this section shall prohibit an association from
29establishing and enforcing reasonable rules governing clotheslines
30or drying racks.