BILL ANALYSIS                                                                                                                                                                                                    



                                                                    AB 1448


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          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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          |           |      |               |        |      |                 |
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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. 










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          Analysis Prepared by:                                             
                          Thomas Clark / JUD. / (916) 319-2334  FN:  
          0002243