BILL ANALYSIS Ó
AB 1448
Page 1
ASSEMBLY THIRD READING
AB
1448 (Lopez)
As Amended May 14, 2015
Majority vote
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|Committee |Votes |Ayes |Noes |
|----------------+------+---------------------+---------------------|
|Judiciary |6-3 |Mark Stone, Chau, |Wagner, Maienschein, |
| | |Chiu, Gallagher, |O'Donnell |
| | |Cristina Garcia, | |
| | |Holden | |
| | | | |
|----------------+------+---------------------+---------------------|
|Housing |5-2 |Chau, Burke, Chiu, |Steinorth, Beth |
| | |Lopez, Mullin |Gaines |
| | | | |
| | | | |
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SUMMARY: Permits tenants, as well as owners in a homeowners
association (HOA), to use clotheslines and drying racks, as
specified. Specifically, this bill:
1)Requires a landlord to permit a tenant to use a clothesline or
drying rack, as defined, if approved by the landlord, and
subject to reasonable time or location restrictions, in the
tenant's private area if all of the following conditions are
met:
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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.
c) The tenant seeks the landlord's prior approval before
affixing a clothesline to a building.
2)Makes void and unenforceable any provision in HOA governing
documents that effectively prohibits or unreasonably restricts
an owner's ability to use a clothesline or drying rack in the
owner's yard. Specifies that nothing in this provision shall
prevent the HOA from establishing reasonable rules and
restrictions governing clotheslines or drying racks.
3)Specifies that a balcony, railing, awning, or other parts of a
structure or building shall not qualify as a clothesline or
drying rack.
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.
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.
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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.
4)Permits the governing board of an HOA to adopt operating rules
that apply generally to the management and operation of the
common interest development or the conduct of the business and
affairs of 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.
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.
FISCAL EFFECT: None
COMMENTS: This modest energy conservation and freedom of choice
measure will make it easier for renters and owners in an HOA to
make use of an outdoor clothesline or drying rack in order to
conserve energy and cut utility costs. This 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 an HOA, this bill provides that any provision in the
governing documents that unreasonably prohibits or impairs the
ability of the owner to use a clothesline or drying rack in the
owner's yard is unenforceable. However, this bill permits the HOA
to impose reasonable restrictions on the use of clotheslines and
drying racks. This bill specifies that a balcony, railing,
awning, or other parts of a structure or building shall not
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qualify as a clothesline or drying rack.
According to the author and supporters, using clotheslines and
drying racks instead of gas or electric dryers does more than save
the tenant or HOA owner money; it eases pressures on the state's
power supply and reduces the amount of carbon released into the
atmosphere.
Many of the concerns raised by the many regional apartment
associations opposed to this bill appear to be already addressed
by the requirement that any clothesline or drying rack must be
"approved by the landlord" and subject to "reasonable time and
location restrictions." The opposition's concerns that
clothesline may be placed or attached in manner that damages
property or poses a threat to safety or convenience of other
tenants or owners, in the case of an HOA, seem more than
adequately addressed by recent amendments. Remaining opposition
appears to be based on the aesthetics of clotheslines and drying
racks.
Necessity for Legislation. The California Apartment Association
questions the necessity for this bill. The California Apartment
Association claims that most tenants can already use clotheslines
and drying racks and regularly work out the details and
permissions with landlords. No doubt most landlords and tenants
settle the issue reasonably and without incident, but according to
the author and supporters many landlords and HOAs in California
do, in fact, prohibit clotheslines. To the extent to which
tenants and owners are prohibited from using clotheslines and
drying racks is not clear, but by the opposition's own reckoning a
fair number of landlords and HOAs must prohibit outdoor
clotheslines and drying racks, otherwise there would be no basis
for opposition to this bill. For tenants and owners dealing with
these landlords and HOAs, this bill may permit them to have
reasonable clotheslines and drying racks.
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Analysis Prepared by:
Thomas Clark / JUD. / (916) 319-2334 FN: 0000420