BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       AB 1448|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
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                                   THIRD READING 


          Bill No:  AB 1448
          Author:   Lopez (D)
          Amended:  9/4/15 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


          Senate Floor Amendments of 9/4/15 add a requirement that a  
          tenant receive approval of the clothesline or drying rack, or  
          the type of clothesline or drying rack, from the landlord, in  
          order to use a clothesline or drying rack. 

          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.







                                                                    AB 1448  
                                                                    Page  3



          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. 

          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;

             d)   Use of the clothesline or drying rack does not violate  
               reasonable time or location restrictions imposed by the  
               landlord; and 

             e)   The tenant has received approval of the clothesline or  
               drying rack, or the type of clothesline or drying rack,  
               from the landlord. 

          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. 








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          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  
          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:   (Verified9/3/15)


          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







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          Latino Coalition for a Healthy California 
          Natural Resources Defense Council
          Sebastopol Grange #306


          OPPOSITION:   (Verified9/3/15)


          None received


          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
          9/8/15 21:59:29


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