BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1448|
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THIRD READING
Bill No: AB 1448
Author: Lopez (D)
Amended: 7/15/15 in Senate
Vote: 21
SENATE TRANS. & HOUSING COMMITTEE: 8-1, 6/23/15
AYES: Beall, Allen, Gaines, Galgiani, Leyva, Mendoza, Roth,
Wieckowski
NOES: Bates
NO VOTE RECORDED: Cannella, McGuire
SENATE JUDICIARY COMMITTEE: 6-0, 7/7/15
AYES: Jackson, Moorlach, Hertzberg, Leno, Monning, Wieckowski
NO VOTE RECORDED: Anderson
ASSEMBLY FLOOR: 52-18, 5/22/15 - See last page for vote
SUBJECT: Personal energy conservation: real property
restrictions
SOURCE: The Utility Reform Network
DIGEST: This bill requires 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 also 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.
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Page 2
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.
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 part of a structure or building shall not qualify as
a drying rack.
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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 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
walkways or utility service equipment;
c) The tenant seeks the landlord's consent before affixing
a clothesline to a building; and
d) Use of the clothesline or drying rack does not violate
reasonable time or location restrictions imposed by the
landlord.
5)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.
6)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
Purpose of the bill. According to the source, the Utility
Reform Network, due to an ambiguity in existing 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
ensures that associations and landlords cannot enforce an
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Page 4
outright prohibition on the use of a clothesline or drying rack
in a person's private area if certain conditions are met.
Permissible use of clotheslines and drying racks. 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. This 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.
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 from their landlords 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.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:NoLocal: No
SUPPORT: (Verified7/14/15)
The Utility Reform Network (source)
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
Natural Resources Defense Council
Sebastopol Grange #306
OPPOSITION: (Verified7/14/15)
None received
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Page 5
ASSEMBLY FLOOR: 52-18, 5/22/15
AYES: Baker, Bloom, Bonta, Brown, Burke, Calderon, Campos,
Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle,
Daly, Dodd, Eggman, Frazier, Gallagher, Cristina Garcia,
Eduardo Garcia, Gomez, Gonzalez, Gordon, Gray, Roger
Hernández, Holden, Jones-Sawyer, Kim, Lackey, Levine, Linder,
Lopez, Low, McCarty, Medina, Mullin, Nazarian, Patterson,
Perea, Quirk, Rendon, Ridley-Thomas, Salas, Santiago, Mark
Stone, Thurmond, Ting, Williams, Wood, Atkins
NOES: Achadjian, Travis Allen, Bigelow, Brough, Beth Gaines,
Gatto, Hadley, Harper, Irwin, Jones, Maienschein, Mathis,
Mayes, Melendez, Obernolte, Steinorth, Wagner, Wilk
NO VOTE RECORDED: Alejo, Bonilla, Chang, Gipson, Grove,
O'Donnell, Olsen, Rodriguez, Waldron, Weber
Prepared by:Alison Dinmore / T. & H. / (916) 651-4121
7/15/15 15:54:48
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