BILL ANALYSIS Ó
SENATE JUDICIARY COMMITTEE
Senator Hannah-Beth Jackson, Chair
2015-2016 Regular Session
AB 1448 (Lopez)
Version: June 16, 2015
Hearing Date: July 7, 2015
Fiscal: No
Urgency: No
TH
SUBJECT
Personal Energy Conservation: Real Property Restrictions
DESCRIPTION
This bill would require a landlord to allow a tenant to use a
clothesline or drying rack in the private area of a tenant's
rental tenancy if certain conditions are met, including that the
clothesline or drying rack will not interfere with the
maintenance of the rental property. This bill would also render
any provision of a common interest development governing
document void and unenforceable if it effectively prohibits or
unreasonably restricts the use of a clothesline or a drying rack
in an owner's backyard.
BACKGROUND
In California, common interest developments (CIDs) are governed
by the Davis-Stirling Common Interest Development Act. Owners
of separate property in CIDs have an undivided interest in the
common property of the development and are subject to the CID's
covenants, conditions, and restrictions. CIDs are also governed
by a homeowners association, which is run by volunteer directors
that may or may not have prior experience managing an
association. The Court of Appeal, Fourth Appellate District,
previously observed that:
[t]he homeowners associations function almost "as a second
municipal government, regulating many aspects of [the
homeowners'] daily lives." "[U]pon analysis of the
association's functions, one clearly sees the association as
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a quasi-government entity paralleling in almost every case
the powers, duties, and responsibilities of a municipal
government. As a 'mini-government,' the association
provides to its members, in almost every case, utility
services, road maintenance, street and common area lighting,
and refuse removal. In many cases, it also provides
security services and various forms of communication within
the community. There is, moreover, a clear analogy to the
municipal police and public safety functions. . . ." In
short, homeowners associations, via their enforcement of the
CC&R's, provide many beneficial and desirable services that
permit a common interest development to flourish. (Villa
Milano Homeowners Ass'n v. Il Davorge (2000) 84 Cal.App.4th
819, 836 [citations omitted].)
Separately, existing landlord-tenant law regulates the terms and
conditions of residential tenancies, allowing landlords to
oversee the use of leased or rented real property in certain
circumstances, and providing specified tenant protections for
the use of rental property. This bill would add to the
Davis-Stirling Act and to California's landlord-tenant laws
specific protections for homeowners and tenants to use
clothesline or drying racks on residential property under
specified conditions.
This bill was heard by the Senate Transportation and Housing
Committee on June 23, 2015, and passed out on a vote of 8-1.
CHANGES TO EXISTING LAW
1.Existing law regulates the terms and conditions of residential
tenancies and generally requires a landlord to keep a rental
unit in a condition fit for occupancy. (Civ. Code Sec. 1940
et seq.)
Existing law 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. (Civ. Code Sec.
1927; Pierce v. Nash (1954) 126 Cal.App.2d 606, 612.)
Existing law 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
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rental agreement, as specified. (Code Civ. Proc. Sec. 1950.5
(a)-(e).)
This bill would provide that a tenant may utilize a
clothesline or drying rack in the tenant's private area if
approved by the landlord, and subject to reasonable time or
location restrictions, if all of the following conditions are
met:
the clothesline or drying rack will not interfere with
the maintenance of the rental property;
the clothesline or drying rack will not create a health
or safety hazard, block doorways, or interfere with
walkways or utility service equipment; and
the tenant seeks the landlord's consent before affixing
a clothesline to a building.
This bill would provide the following definitions:
The term "clothesline" means 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.
The term "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.
The term "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.
1.Existing law , the Davis-Stirling Common Interest Development
Act, establishes the rules and regulations governing the
operation of a common interest development (CID) and the
respective rights and duties of a homeowners association (HOA)
and its members. (Civ. Code Sec. 4000 et seq.)
Existing law permits the governing board of an 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 an HOA, provided that the rule is within the
authority of the board to make, does not conflict with the
HOA's articles, bylaws, or governing law, and is reasonable.
(Civ. Code Secs. 4340, 4350.)
Existing law limits the authority of an HOA or the governing
documents of a CID to regulate the use of a member's separate
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interest. (Civ. Code Sec. 4700 et seq.)
This bill would state that any provision of a CID governing
document 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.
This bill would not apply to reasonable restrictions imposed
by CID governing documents conditioning the use of a
clothesline or drying rack in an owner's backyard, and would
not prohibit an HOA from establishing and enforcing reasonable
rules governing clotheslines or drying racks.
This bill would apply only to backyards that are designated
for the exclusive use of the owner.
This bill would provide the following definitions:
"clothesline" means 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;
"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; and
"reasonable restrictions" means restrictions that do not
significantly increase the cost of using a clothesline or
drying rack.
COMMENT
1.Stated need for the bill
The author writes:
Nationwide, there is a growing movement to allow citizens the
personal freedom of hang-drying their clothing harnessing the
power of the sun. Six states, Florida, Maine, Utah, Vermont,
Colorado, and Hawaii have a statute that overrides or strikes
all contractual and covenantal provisions prohibiting the use
of clotheslines. The usage of a clothesline and the
harnessing of solar power promotes energy conservation in a
low-tech, low-cost manner.
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Using an indoor, electrical dryer is one of the top ten
energy-consuming household appliance[s]. According to the
United States Energy Information Administration, a typical
U.S. household could save an average 1,500 pounds of carbon
dioxide from being released into the atmosphere by foregoing
the use of an electric dryer and drying clothes using a
clothesline. Unfortunately Californians are experiencing
utility shutoffs in large numbers and many Californians rely
on clotheslines to alleviate high energy costs.
However, in many locations across California, Homeowners'
Associations, Condo Associations, and Apartment Associations
deny a person's right to utilize the power of the sun,
limit[ing] a low-tech energy conservation tool, and
prevent[ing] the use of clotheslines, or hanging rack[s], to
dry your clothes.
Due to the ambiguity in current law, many homeowners,
condominium, [and] 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.
2.Clothes Dryer Energy Consumption
"Clothes dryers can be one of the most expensive home appliances
to operate, using approximately 6 percent of a home's total
electricity usage." (California Energy Commission, Clothes
Dryers [as of Jun 24, 2015].) A recent media
report states that "[d]ryers are the number two home appliance
in energy usage," and "[o]verall, dryers in the U.S. emit 32
million metric tons of carbon dioxide per year, according to the
Environmental Protection Agency, and use 43 billion kilowatt
hours and 443 million therms of natural gas." (Laurie Reeves,
The Average Cost an Hour to Run a Dryer
[as of Jun. 24, 2015].) According to the California Energy
Commission:
Unlike other appliances, clothes dryers don't vary much from
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brand to brand and model to model in the amount of energy
used. (That's why the Federal Trade Commission does not
require clothes dryers to have a yellow EnergyGuide label.)
All clothes dryers being sold today operate the same way -
they use electricity to turn a drum that tumbles clothes
through heated air to remove moisture. But operating costs
vary depending if that air is heated by natural gas or
electricity.
Electric dryers use heating coils, while gas dryers use a gas
burner to produce heat. Gas dryers cost approximately $50 more
to purchase initially, but since natural gas is usually less
costly than electricity, gas dryers cost less to operate.
Depending on your utility, drying a load of laundry can cost
between 32 to 41 cents in an electric dryer, or 15 to 33 cents
in a gas dryer. Gas dryers tend to operate at a hotter
temperature than electric ones, so clothes can tumble in the
dryer for shorter periods, sparing the material and reducing
energy costs. Thus a gas dryer can save you up to 50 percent
in energy costs. (California Energy Commission, Clothes
Dryers
[as of Jun 24, 2015].)
To avoid the costs and environmental impacts associated with
using clothes dryers, the Energy Commission recommends
individuals consider using clotheslines. The Commission states:
Let the heat of the sun dry your clothes, and [d]on't use the
clothes dryer at all. Some homeowners' associations and
cities, however, have local CC&Rs that restrict the use of
clotheslines in planned communities. So, check the covenants,
codes and restrictions covering your property to see if you
can use this effective, almost cost-free drying alternative.
But even if you can't use a clothesline, you can set up a
small standalone clothes rack to dry shirts and other small
items. (Id.)
3.Permissible use of Clotheslines and Drying Racks
This bill would require homeowners associations in common
interest developments (CIDs) and landlords who rent residential
property to allow the use of clotheslines and drying racks in
private spaces under the exclusive control of an owner, in the
case of a common interest development, or a renter, in the case
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of a residential tenancy. Renters would be authorized to use a
clothesline or drying rack in the private area of their tenancy,
like a backyard, if they get approval of their landlord and the
clothesline or drying rack does not interfere with the
maintenance of the rental property, does not create a health or
safety hazard, block doorways, or interfere with walkways or
utility service equipment, and if the tenant seeks the
landlord's consent before attaching a clothesline to a building.
Owners of separate interests in a CID would be free to use
clotheslines and drying racks, subject to reasonable
restrictions imposed by the CID, in backyards that are
designated for the exclusive use of the owner. This bill would
not preclude CIDs from restricting the use of clotheslines in
other areas of a separate interest, like a front yard, or in
common areas.
The Chinatown Community Development Center, writing in support,
states:
Many clients from our housing counseling program are low
income and cannot afford professional laundry services and/or
do not have access to laundry facilities within their unit or
building. In addition, through housing counseling, we have
seen landlords use doing laundry as a reason to evict tenants
from their homes.
. . .
AB 1448 would prevent the outright prohibition of a
clothesline in a person's private area. Chinatown Community
Development Center understands that there may be a need to
regulate or apply certain limitations to such clothesline
usage; however an outright ban would be contrary to our
state's movement towards energy efficiency and environmental
consciousness.
4.Clarifying Amendments
As the author notes in Comment 1 above, the intent of this bill
is to ensure that homeowner associations and landlords cannot
enforce an outright prohibition on the use of a clothesline or
drying rack so long as certain conditions are met. However, as
drafted, the section of the bill addressing landlords appears to
give them plenary authority to refuse a tenant's request to use
these implements, stating "a tenant may utilize a clothesline or
drying rack if approved by the landlord . . ." To address this
incongruity, the author offers the following amendments which
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would clarify that approval may only be withheld if use of a
clothesline or drying rack would contravene the conditions
listed in the bill:
Author's Amendments :
On page 2, lines 16 to 18, strike "if approved by the
landlord, and subject to reasonable time or location
restrictions,"
On page 2, following line 26, insert: "(4) Use of the
clothesline or drying rack does not violate reasonable time or
location restrictions imposed by the landlord."
Support : California Municipal Utilities Association; California
State Grange; Chinatown Community Development Center; Conference
of California Bar Associations; Consumer Federation of
California; Natural Resources Defense Council; Sebastopol Grange
# 306
Opposition : None Known
HISTORY
Source : Utility Reform Network
Related Pending Legislation : AB 349 (Gonzalez, 2015) would make
void and unenforceable any provision of the governing documents
or architectural or landscaping guidelines or policies of a
common interest development that prohibits use of artificial
turf or any other synthetic surface that resembles grass. This
bill would also prohibit a common interest development from
requiring an owner of a separate interest remove or reverse
water-efficient landscaping measures, installed in response to a
declaration of a state of emergency, upon the conclusion of the
state of emergency. This bill is pending in the Senate
Judiciary Committee.
Prior Legislation :
AB 2561 (Bradford, Ch. 584, Stats. 2014) required landlords to
permit tenants to participate in personal agriculture in
portable containers approved by the landlord in the tenant's
private area so long as certain conditions are met. This bill
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also rendered void any provision of a governing document of a
common interest development that effectively prohibited or
unreasonably restricted the use of a homeowner's backyard for
personal agriculture.
AB 2565 (Muratsuchi, Ch. 529, Stats. 2014), among other things,
rendered void any term in a lease renewed or extended on or
after January 1, 2015, that conveys any possessory interest in
commercial property that either prohibits or unreasonably
restricts the installation or use of an electric vehicle
charging station in a parking space associated with that
commercial property. This bill also prescribed requirements for
lessor approval of a lessee's request to install or use an
electronic vehicle charging station, and required that a lessor
approve a request to install a charging station if the lessee
agrees in writing to do specified acts, including paying for
various costs associated with the charging station and
maintaining insurance naming the lessor as an insured.
SB 209 (Corbett, Ch. 121, Stats. 2011) rendered void and
unenforceable any covenant, restriction, or condition contained
in any deed, contract, security instrument, or other instrument
affecting the transfer or sale of any interest in a common
interest development, or any provision of the governing
documents of a common interest development, that effectively
prohibits or restricts the installation or use of an electrical
vehicle charging station. This bill authorized a common
interest development to impose reasonable restrictions on the
approval and installation of those stations.
AB 2376 (Bates, Ch. 346, Stats. 2004) required a homeowners
association to provide a fair and reasonable process for
reviewing a request by a homeowner for a physical alteration to
their unit or the common area.
Prior Vote :
Senate Transportation and Housing Committee (Ayes 8, Noes 1)
Assembly Floor (Ayes 52, Noes 18)
Assembly Housing and Community Development Committee (Ayes 5,
Noes 2)
Assembly Judiciary Committee (Ayes 6, Noes 3)
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