BILL ANALYSIS Ó
AB 1448
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Date of Hearing: May 13, 2015
ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT
Ed Chau, Chair
AB 1448
(Lopez) - As Amended May 6, 2015
SUBJECT: Personal energy conservation: real property
restrictions
SUMMARY: Permits tenants, as well as owners in a homeowners
association (HOA), to use clotheslines and drying racks, subject
to reasonable restrictions, as specified. Specifically, this
bill:
1)Defines "clothesline" as including a cord, rope, or wire from
which clothes may be hung to dry or air.
2)Defines "drying rack" as meaning an apparatus from which
clothes may be hung to dry or air.
3)Defines "private area" as meaning 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.
4)Provides that, 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
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tenant's private area if all of the following conditions are
met:
a) The clothesline or drying rack shall not interfere with
the maintenance of the rental property;
b) The clothesline or drying rack shall not create a health
or safety hazard, block doorways, or interfere with
walkways or utility service equipment; and
c) The tenant seeks the landlord's consent before affixing
a clothesline to a building.
5)Makes void and unenforceable any provision in a HOA's
governing documents that effectively prohibits or unreasonably
restricts a homeowner's ability to use a backyard clothesline
or drying rack, and specifies that this section applies only
to yards that are designated for the exclusive use of the
homeowner.
6)Provides that an HOA may establish reasonable rules and
restrictions governing clotheslines or drying racks, and
defines "reasonable restrictions" as restrictions that do not
significantly increase the cost of using a clothesline or
drying rack.
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EXISTING LAW:
1)Regulates the terms and conditions of residential tenancies,
and generally requires landlords to keep the rental units in a
condition fit for occupancy (Civil Code Section 1940 et seq.).
2)Creates an implied covenant of quiet enjoyment in every lease,
requiring that the tenant shall not be disturbed in his or her
possession by the landlord (Civil Code Section 1927; Pierce v.
Nash (1954) 126 Cal.App.2d 606, 612).
3)Regulates the purposes for which a renter's security deposit
may be used, including, but not limited to, compensating the
landlord for default on payment of rent, cleaning or repairing
rented property, exclusive of normal wear and tear, or
remedying future obligations under the rental agreement, as
specified (Code of Civil Procedure Section 1950.5).
4)Permits the governing board of a HOA to adopt operating rules
that apply generally to the management and operation of the
common interest development (CID) or the conduct of the
business and affairs of the HOA, provided that the rule is
within the authority of the board to make, does not conflict
with the association's articles, bylaws, or governing law, and
is reasonable (Civil Code Sections 4340 and 4350).
5)Provides specified limits to the authority of HOA governing
documents to regulate the use of a member's separate interest,
including provisions relating to the display of signs, the
installation of solar energy systems, and modification to
property to accommodate a disability (Civil Code Section 4700
et seq.).
FISCAL EFFECT: None.
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COMMENTS: AB 1448 will make it easier for renters, as well as
owners in a HOA, to make use of an outdoor clothesline or drying
rack in order to conserve energy and cut utility costs. The
bill has ample protections for landlords and HOAs. First, a
landlord must approve the tenant's choice of clothesline or
drying rack and may impose reasonable restrictions as to time
and location. As for owners in a HOA, the bill provides that
any provision in the governing documents that effectively
prohibits or unreasonably restricts the ability of the owner to
use a backyard clothesline or drying rack is unenforceable.
However, the bill permits the HOA to impose reasonable
restrictions on the use of backyard clotheslines and drying
racks. The bill also makes it clear that the HOA owner's right
to use a clothesline or drying rack is restricted to backyard
space that is for the exclusive use of the owner; there would be
no right under this bill to use a clothesline or drying rack in
any HOA common area.
Need for the bill: According to the author, "due to the
ambiguity in current law, many homeowners, condominium, or
apartment associations have an outright ban on the use of
clotheslines. This ban prevents low-income families and energy
conscious persons from using a low-cost, low-tech energy
conservation tool. This bill would ensure that associations and
landlords cannot enforce an outright prohibition on the use of a
clothesline or drying rack in a person's private area if certain
conditions are met."
Arguments in support: The bill's sponsor, The Utility Reform
Network (TURN), argues that AB 1448 will "encourage and support
low-cost, low-tech solutions for the average citizen to keep and
maintain manageable utility bills." According to TURN, there is
"a growing movement to allow citizens the personal freedom of
hang-drying their clothing, harnessing the power of the sun."
TURN reports that six states - Florida, Maine, Utah, Vermont,
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Colorado, and Hawaii - have adopted statutes that override
contracts or covenants that prohibit the use of clotheslines.
Federal studies, according to TURN, show that using clothesline
instead of electric dryers promotes energy conservation and
significantly reduces the amount of carbon dioxide emitted into
the atmosphere. Despite the obvious potential for monetary
savings and energy conservation, TURN contends that "in many
locations across California, Homeowners' Associations, Condo
Associations, and Apartment Associations deny a person's right
to utilize the power of the sun" by prohibiting the use of
clotheslines and drying racks. Supporters add that the bill
appropriately recognizes the right of a landlord or HOA to
impose reasonable restrictions, so long as clotheslines and
drying racks are not unreasonably prohibited altogether.
Arguments in opposition: Opponents represent statewide and
regional associations of apartment owners and HOAs. They argue
that AB 1448 will interfere with the management and
well-established rules of apartment complexes and community
interest developments. The San Diego County Apartment
Association contends that "if a property owner elects to
disallow clotheslines at their rental properties, they should be
allowed to do so." For many opponents, a primary objection
appears to be aesthetics. They contend that landlords could
lose control of the appearance of their properties, and as a
result property values will suffer. The Apartment Association of
Greater Los Angeles and the Santa Barbara Rental Property
Association argue that AB 1448 would "likely become the basis
for new disputes as the bill's right to hang laundry clashes
with a property owner's concern over the maintaining [of] the
appearance of the property." Proposed committee amendments,
which include a clarification that a tenant may utilize a
clothesline or drying rack if approved by the landlord, address
these concerns.
The Educational Community of Homeowners (ECHO), representing
community associations, opposes this bill unless amended, and
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the proposed committee amendments address these concerns.
Related legislation: AB 2561 (Bradford), Chapter 584, Statutes
of 2014: Established conditions under which residents of CIDs
and tenants in rental housing may engage in personal
agriculture.
Committee amendments: The Committee may wish to accept the
following amendments:
1. An amendment providing that a balcony, railing, awning, or
other parts of a structure or building shall not qualify as a
clothesline or drying rack.
2. An amendment clarifying that a tenant may utilize a
clothesline or drying rack if approved by the landlord.
3. An amendment changing the term "clothes" to "laundered
items."
4. An amendment eliminating the cross-reference to Civil Code
Section 1940.20 in Section 2 and replacing it with the
definition of "clothesline" found in Section 1.
5. An amendment adding a definition of "drying rack" to Section
2, identical to the definition in Section 1.
6. An amendment replacing the term "homeowner" with "owner."
7. An amendment, in Section 2, changing the term "backyard
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clothesline or drying rack" to "clothesline or drying rack in
the owner's yard."
REGISTERED SUPPORT / OPPOSITION:
Support
The Utility Reform Network (TURN) (sponsor)
California Municipal Utilities Association
California State Grange
Conference of California Bar Associations
Consumer Federation of California
Natural Resources Defense Council
Sebastopol Grange # 306
Opposition
Apartment Association of Greater Los Angeles
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Apartment Association of Orange County
Apartment Association, Southern California Cities
East Bay Rental Housing Association
Educational Community for Homeowners (ECHO) (Oppose unless
amended)
Nor Cal Rental Property Association
North Valley Property Owners Association
San Diego County Apartment Association
Santa Barbara Rental Property Association
Western Manufactured Housing Communities Association
Analysis Prepared by:Rebecca Rabovsky / H. & C.D. / (916)
AB 1448
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319-2085