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 --