BILL ANALYSIS Ó SENATE COMMITTEE ON TRANSPORTATION AND HOUSING Senator Jim Beall, Chair 2015 - 2016 Regular Bill No: AB 1448 Hearing Date: 6/23/2015 ----------------------------------------------------------------- |Author: |Lopez | |----------+------------------------------------------------------| |Version: |6/16/2015 | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |No | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant|Alison Dinmore | |: | | ----------------------------------------------------------------- SUBJECT: Personal energy conservation: real property restrictions DIGEST: This bill voids, or makes unenforceable, any provision of a governing document in a common interest development (CID) that prohibits an owner's ability to use a clothesline or drying rack in the owner's backyard. ANALYSIS: 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. 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. AB 1448 (Lopez) Page 2 of ? 4)Permits the governing board of a homeowners association (HOA) to adopt operating rules that apply generally to the management and operation of the CID or the conduct of the business and affairs of the HOA, provided that the rules are within the authority of the board to make, do not conflict with the association's articles, bylaws, or governing law, and are 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. This bill: 1)Defines "clothesline" as including 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)Defines "drying rack" as an apparatus from which laundered items may be hung to dry or air. A balcony, railing, awning, or other partof a structure or building shall not qualify as a drying rack. 3)Defines "private area" as 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 a tenant may utilize a clothesline or drying rack 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: a) The clothesline or drying rack will not interfere with the maintenance of the rental property; b) The clothesline or drying rack will not create a health or safety hazard, block doorways, or interfere with AB 1448 (Lopez) Page 3 of ? walkways or utility service equipment; and c) The tenant seeks the landlord's consent before affixing a clothesline to a building. 1)Voids, or makes unenforceable, any provision of a governing document in a CID that effectively prohibits, or unreasonably restricts, an owner's ability to use a clothesline or drying rack in the owner's backyard and specifies that this section only applies to backyards that are designated for the exclusive use of the owner. 2)Permits an HOA to establish reasonable restrictions for the use of a clothesline or drying rack, and defines "reasonable restrictions" as restrictions that do not significantly increase the cost of using a clothesline or drying rack. COMMENTS: 1)Purpose of the bill. According to the author, due to an 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-technology 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. 2)Effect of the bill. This bill provides that any provision in a CID governing document is unenforceable if it effectively prohibits or unreasonably restricts the ability of an owner to use a backyard clothesline or drying rack. The bill allows HOAs, however, to impose reasonable restrictions on an owner's use of a clothesline or drying rack. This bill also specifies that use of a clothesline or drying rack is limited to backyard use and may not be used in common areas. 3)Double-referral. The Senate Rules Committee referred this bill to both this committee and the Senate JudiciaryCommittee. If the bill passes out of this committee, it will be referred to the Judiciary Committee to consider the landlord/tenant provisions of the bill. Assembly Votes: AB 1448 (Lopez) Page 4 of ? Floor: 52-18 H&CD: 5-2 Jud: 6-3 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. FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No POSITIONS: (Communicated to the committee before noon on Wednesday, June 17, 2015.) SUPPORT: The Utility Reform Network (sponsor) California Municipal Utilities Association California State Grange Chinatown Community Development Center Conference of California Bar Associations Consumer Federation of California Latino Coalition for a Healthy California (LCHC) Natural Resources Defense Council Sebastopol Grange #306 OPPOSITION: None received -- END --