BILL ANALYSIS Ó
AB 1448
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB
1448 (Lopez)
As Amended September 4, 2015
Majority vote
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|ASSEMBLY: | | (May 22, |SENATE: |35-4 | (September 9, |
| |52-18 |2015) | | |2015) |
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Original Committee Reference: JUD.
SUMMARY: Permits tenants, as well as owners in a homeowners
association (HOA), to use clotheslines and drying racks, as
specified. Specifically, this bill:
1)Subject to reasonable time and location restrictions imposed
by the law, a tenant may use a clothesline or drying rack, as
defined, if all of the following conditions are met:
a) The clothesline or drying rack shall not interfere with
the maintenance of the rental property.
b) The clothesline or drying rack shall not create a health
or safety hazard, block doorways, or interfere with
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walkways or utility service equipment.
c) The tenant seeks the landlord's prior approval 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.
e) The tenant has received approval of the clothesline or
drying rack, or the type of clothesline or drying rack,
from the landlord.
2)Makes void and unenforceable any provision in HOA governing
documents that effectively prohibits or unreasonably restricts
an owner's ability to use a clothesline or drying rack in the
owner's backyard. Specifies that nothing in this provision
shall prevent the HOA from establishing reasonable rules and
restrictions governing clotheslines or drying racks.
3)Defines "clothesline" and "drying rack" to exclude a balcony,
railing, awning, or other parts of a structure or building
shall.
The Senate amendments:
1)Rephrase and clarify the landlord's ability to impose
reasonable time and location restrictions.
2)Specify that the HOA provision may not unreasonably restrict
the owner's ability to use a clothesline or drying rack in the
owner's "backyard" (as opposed to "yard.")
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3)Specify that the tenant must receive approval of the
clothesline or drying rack, or the type of clothesline or
drying rack, from the landlord.
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 an HOA to adopt operating rules
that apply generally to the management and operation of the
common interest development or the conduct of the business and
affairs of HOA, provided that the rule is within the authority
of the board to make, does not conflict with the association's
articles, bylaws, or governing law, and is 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
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property to accommodate a disability.
FISCAL EFFECT: None
COMMENTS: This modest energy conservation and freedom of choice
measure will make it easier for renters and owners in an HOA to
make use of an outdoor clothesline or drying rack in order to
conserve energy and cut utility costs. This bill has ample
protections for landlords and HOAs. First, a landlord may
impose reasonable restrictions as to time and location and the
tenant must seek landlord approval before attaching a
clothesline or drying rack to a building. As for owners in an
HOA, this bill provides that any provision in the governing
documents that unreasonably prohibits or impairs the ability of
the owner to use a clothesline or drying rack in the owner's
backyard is unenforceable. However, this bill permits the HOA
to impose reasonable restrictions on the use of clotheslines and
drying racks. Both the landlord-tenant and HOA provisions of
this bill specify that a balcony, railing, awning, or other
parts of a structure or building shall not qualify as a
clothesline or drying rack.
According to the author and supporters, using clotheslines and
drying racks instead of gas or electric dryers does more than
save the tenant or HOA owner money; it eases pressures on the
state's power supply and reduces the amount of carbon released
into the atmosphere.
Many of the concerns raised by the many regional apartment
associations originally opposed to this bill appear to have been
addressed by the requirement that any clothesline or drying rack
is subject to reasonable time and location restriction and the
requirement that the tenant seek landlord approval as to the
type of clothesline and drying rack and before attaching the
clothesline or drying rack to a building. The most recent
amendments appear to have removed all opposition to this bill.
AB 1448
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Analysis Prepared by:
Thomas Clark / JUD. / (916) 319-2334 FN:
0002243