Amended in Senate July 15, 2015

Amended in Senate June 16, 2015

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 billbegin delete would, subject to reasonable time and place requirements,end deletebegin insert wouldend 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 rentalbegin delete property.end deletebegin insert property and the use of the clothesline or drying rack does not violate reasonable time or location restrictions imposed by the landlord.end insert

(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 clothesline or a drying rack, as defined, in an owner’s backyard, except that reasonable restrictions, as defined, would be enforceable. The bill would specify that these provisions would only apply to backyards that are designated for the exclusive use of the owner.

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
6laundered items may be hung to dry or air. A balcony, railing,
7awning, or other part of a structure or building shall not qualify as
8a clothesline.

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

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) A tenant may utilize a clothesline or drying rackbegin delete if approved
17by the landlord, and subject to reasonable time or location
18restrictions,end delete
in the tenant’s private area if all of the following
19conditions are met:

20(1) The clothesline or drying rack will not interfere with the
21maintenance of the rental property.

P3    1(2) The clothesline or drying rack will not create a health or
2safety hazard, block doorways, or interfere with walkways or utility
3service equipment.

4(3) The tenant seeks the landlord’s consent before affixing a
5clothesline to a building.

begin insert

6(4) Use of the clothesline or drying rack does not violate
7reasonable time or location restrictions imposed by the landlord.

end insert
8

SEC. 2.  

Section 4750.10 is added to the Civil Code, 9immediately following Section 4750, to read:

10

4750.10.  

(a) For purposes of this section, “clothesline” includes
11a cord, rope, or wire from which laundered items may be hung to
12dry or air. A balcony, railing, awning, or other part of a structure
13or building shall not qualify as a clothesline.

14(b) For purposes of this section, “drying rack” means an
15apparatus from which laundered items may be hung to dry or air.
16A balcony, railing, awning, or other part of a structure or building
17shall not qualify as a drying rack.

18(c) Any provision of a governing document, as defined in
19Section 4150, shall be void and unenforceable if it effectively
20prohibits or unreasonably restricts an owner’s ability to use a
21clothesline or drying rack in the owner’s backyard.

22(d) (1) This section does not apply to provisions that impose
23reasonable restrictions on an owner’s backyard for the use of a
24clothesline or drying rack.

25(2) For purposes of this section, “reasonable restrictions” are
26restrictions that do not significantly increase the cost of using a
27clothesline or drying rack.

28(3) This section applies only to backyards that are designated
29for the exclusive use of the owner.

30(e) Nothing in this section shall prohibit an association from
31establishing and enforcing reasonable rules governing clotheslines
32or drying racks.



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