AB 2176, as introduced, Campos. Shelter crisis: declaration: public facilities.
Existing law authorizes a political subdivision, as defined, to declare a shelter crisis if the governing body of that political subdivision makes a specified finding. Existing law authorizes a political subdivision to allow persons unable to obtain housing to occupy designated public facilities, as defined, during the period of a shelter crisis. Existing law provides that certain state and local laws, regulations, and ordinances are suspended during a shelter crisis, to the extent that strict compliance would in any way prevent, hinder, or delay the mitigation of the effects of the shelter crisis.
This bill, until January 2, 2022, upon a declaration of a shelter crisis by the County of Santa Clara during the duration of the shelter crisis, among other things, would authorize emergency housing to include a transitional housing community, as defined, for the homeless. The bill, in lieu of state and local building, housing, health, habitability, or safety standards and laws, would authorize the county to enact local standards for transitional housing communities to be operative during the shelter crisis, as provided.
This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Santa Clara.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 8698 of the Government Code is amended
2to read:
For purposes of this chapter, the following definitions
4shall apply:
5(a) “Political subdivision” includes the state, any city, city and
6county, county, special district, or school district or public agency
7authorized by law.
8(b) “Governing body” means the following:
9(1) The Governor for the state.
10(2) The legislative body for a city or city and county.
11(3) The board of supervisors for a county.
12(4) The governing board or board of
trustees for a district or
13other public agency.
14(5) An official designated by ordinance or resolution adopted
15by a governing body, as defined in paragraph (2), (3), or (4).
16(c) “Public facility” means any facility of a political subdivision
17including parks, schools, and vacant or underutilized facilities
18which are owned, operated, leased, or maintained, or any
19combination thereof, by the political subdivision through money
20derived by taxation or assessment.
21(d) “Declaration of a shelter crisis” means the duly proclaimed
22existence of a situation in which a significant number of persons
23are without the ability to obtain shelter, resulting in a threat to their
24health and safety.
25(e) “Transitional housing community” means any facilities,
26including housing in temporary structures such as camping cabins
27or recreational vehicles that are reserved for homeless persons
28and families and located on property leased or owned by a political
29subdivision. Those facilities must include supportive and
30self-sufficiency development services, have the ultimate goal of
31moving homeless persons to permanent housing as quickly as
32reasonably possible, and limit rents and service fees to an
33ability-to-pay formula reasonably consistent with the United States
34Department of Housing and Urban Development’s requirements
35for subsidized housing for low-income persons.
Section 8698.3 is added to the Government Code, to
2read:
Notwithstanding any other provisions in this chapter,
4upon a declaration of a shelter crisis by the County of Santa Clara,
5the following shall apply during the duration of the shelter crisis.
6(a) Emergency housing may include a transitional housing
7community for the homeless located or constructed on any
8county-owned or leased land, including land acquired with low-
9and moderate-income housing funds.
10(b) The county may, in lieu of state and local building, housing,
11health, habitability or safety standards and laws, enact local
12standards for transitional housing communities to be operative
13during the shelter crisis consistent with ensuring minimal public
14health and safety. During the shelter crisis,
provisions of any state
15or local regulatory statute, regulation, or ordinance prescribing
16standards of building, housing, health, habitability, or safety shall
17be suspended for the transitional housing communities provided
18that the county has adopted health and safety standards for
19transitional housing communities and those standards are complied
20with. Landlord tenant laws codified in Civil Code Sections 1941
21to 1942.5, inclusive, of the Civil Code providing a cause of action
22for habitability or tenantability, shall be suspended for the
23transitional housing communities provided that the county has
24adopted health and safety standards for transitional housing
25communities and those standards are complied with. This section
26applies only to a public facility or a transitional housing community
27reserved for the homeless pursuant to this chapter.
28(c) A transitional housing community constructed or allowed
29under this chapter shall not be subject to the
Special Occupancy
30Parks Act, the Mobilehome Parks Act, or Mobilehome Residency
31Law.
32(d) A transitional housing community that complies with the
33applicable requirements of the Americans with Disabilities Act
34shall be exempt from Sections 54 to 55.32, inclusive, of the Civil
35Code and actions thereunder for the duration of the shelter crisis.
36(e) This section shall remain in effect only until January 2, 2022,
37and as of that date is repealed, unless a later enacted statute, that
38is enacted before January 2, 2022, deletes or extends that date.
The Legislature finds and declares that a special law
40is necessary and that a general law cannot be made applicable
P4 1within the meaning of Section 16 of Article IV of the California
2Constitution because of the unique need to address the problem
3of homelessness in the County of Santa Clara.
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