BILL NUMBER: AB 1448	CHAPTERED
	BILL TEXT

	CHAPTER  602
	FILED WITH SECRETARY OF STATE  OCTOBER 8, 2015
	APPROVED BY GOVERNOR  OCTOBER 8, 2015
	PASSED THE SENATE  SEPTEMBER 9, 2015
	PASSED THE ASSEMBLY  SEPTEMBER 10, 2015
	AMENDED IN SENATE  SEPTEMBER 4, 2015
	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

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, 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 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 and the use
of the clothesline or drying rack does not violate reasonable time
or location restrictions imposed by the landlord.
   (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.


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
laundered items may be hung to dry or air. A balcony, railing,
awning, or other part of a structure or building shall not qualify as
a clothesline.
   (2) "Drying rack" means an apparatus from which laundered items
may be hung to dry or air. A balcony, railing, awning, or other part
of a structure or building shall not qualify as a drying rack.
   (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 tenant may utilize a clothesline or drying rack in the
tenant's private area if all of the following conditions are met:
   (1) The clothesline or drying rack will not interfere with the
maintenance of the rental property.
   (2) The clothesline or drying rack will not create a health or
safety hazard, block doorways, or interfere with walkways or utility
service equipment.
   (3) The tenant seeks the landlord's consent before affixing a
clothesline to a building.
   (4) Use of the clothesline or drying rack does not violate
reasonable time or location restrictions imposed by the landlord.
   (5) The tenant has received approval of the clothesline or drying
rack, or the type of clothesline or drying rack, from the landlord.
  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" includes
a cord, rope, or wire from which laundered items may be hung to dry
or air. A balcony, railing, awning, or other part of a structure or
building shall not qualify as a clothesline.
   (b) For purposes of this section, "drying rack" means an apparatus
from which laundered items may be hung to dry or air. A balcony,
railing, awning, or other part of a structure or building shall not
qualify as a drying rack.
   (c) Any provision of a governing document, as defined in Section
4150, shall be void and unenforceable if it effectively prohibits or
unreasonably restricts an owner's ability to use a clothesline or
drying rack in the owner's backyard.
   (d) (1) This section does not apply to provisions that impose
reasonable restrictions on an owner's backyard for the use of a
clothesline or drying rack.
   (2) For purposes of this section, "reasonable restrictions" are
restrictions that do not significantly increase the cost of using a
clothesline or drying rack.
   (3) This section applies only to backyards that are designated for
the exclusive use of the owner.
   (e) Nothing in this section shall prohibit an association from
establishing and enforcing reasonable rules governing clotheslines or
drying racks.