Amended in Assembly April 19, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2176

Introduced by Assembly Member Campos

February 18, 2016

An act to amend Section 8698 of, and to add begin insert and repeal end insert Section 8698.3 begin delete to, end delete begin insert of, end insert the Government Code, relating to housing.

LEGISLATIVE COUNSEL’S DIGEST

AB 2176, as amended, 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 begin delete 2, end delete begin insert 1, end insert 2022, upon a declaration of a shelter crisis by the begin delete County of Santa Clara end delete begin insert City of San Jose end insert during begin delete the duration of the end delete begin insert a end insert 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 begin delete county end delete begin insert city end insert 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 begin delete County of Santa Clara. end delete begin insert City of San Jose. end insert

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 8698 of the Government Code is amended
to read:

8698.  

For purposes of this chapter, the following definitions
shall apply:

(a) “Political subdivision” includes the state, any city, city and
county, county, special district, or school district or public agency
authorized by law.

(b) “Governing body” means the following:

(1) The Governor for the state.

(2) The legislative body for a city or city and county.

(3) The board of supervisors for a county.

(4) The governing board or board of trustees for a district or
other public agency.

(5) An official designated by ordinance or resolution adopted
by a governing body, as defined in paragraph (2), (3), or (4).

(c) “Public facility” means any facility of a political subdivision
including parks, schools, and vacant or underutilized facilities
which are owned, operated, leased, or maintained, or any
combination thereof, by the political subdivision through money
derived by taxation or assessment.

(d) “Declaration of a shelter crisis” means the duly proclaimed
existence of a situation in which a significant number of persons
are without the ability to obtain shelter, resulting in a threat to their
health and safety.

(e) “Transitional housing community” means any facilities,
including housing in temporary begin delete structures end delete begin insert structures, end insert such as
camping cabins or recreational vehicles that are reserved for
homeless persons and families and located on property leased or
owned by a political subdivision. Those facilities begin delete must end delete begin insert shall end insert include
supportive and self-sufficiency development services, have the
ultimate goal of moving homeless persons to permanent housing
as quickly as reasonably possible, and limit rents and service fees
to an ability-to-pay formula reasonably consistent with the United
States Department of Housing and Urban Development’s
requirements for subsidized housing for low-income persons.

SEC. 2.  

Section 8698.3 is added to the Government Code, to
read:

8698.3.  

Notwithstanding any other provisions in this chapter,
upon a declaration of a shelter crisis by the begin delete County of Santa Clara, end delete
begin insert City of San Jose, end insert the following shall apply during begin delete the duration of
the end delete begin insert a end insert shelter begin delete crisis. end delete begin insert crisis: end insert

(a) Emergency housing may include a transitional housing
community for the homeless located or constructed on any
begin delete county-owned or leased end delete begin insert city-owned or city-leased end insert land, including
land acquired with low- and moderate-income housing funds.

(b) The begin delete county end delete begin insert city end insert may, in lieu of state and local building,
housing, health, begin delete habitability end delete begin insert habitability, end insert or safety standards and
laws, enact local standards for transitional housing communities
to be operative during the shelter crisis consistent with ensuring
minimal public health and safety. During the shelter crisis,
provisions of any state or local regulatory statute, regulation, or
ordinance prescribing standards of building, housing, health,
habitability, or safety shall be suspended for the transitional
housing communities provided that the begin delete county end delete begin insert city end insert has adopted
health and safety standards for transitional housing communities
and those standards are complied with. Landlord tenant laws
codified in begin delete Civil Code end delete Sections 1941 to 1942.5, inclusive, of the
Civil Code providing a cause of action for habitability or
tenantability, shall be suspended for the transitional housing
communities provided that the begin delete county end delete begin insert city end insert has adopted health and
safety standards for transitional housing communities and those
standards are complied with. This section applies only to a public
facility or a transitional housing community reserved for the
homeless pursuant to this chapter.

(c) A transitional housing community constructed or allowed
under this chapter shall not be subject to the Special Occupancy
Parks begin delete Act, end delete begin insert Act (Part 2.3 (commencing with Section 18860) of
Division 13 of the Health and Safety Code), end insert the Mobilehome Parks
begin delete Act, end delete begin insert Act (Part 2.1 (commencing with Section 18200) of Division
13 of the Health and Safety Code), end insert or begin insert the end insert Mobilehome Residency

begin delete Law. end delete begin insert Law (Chapter 2.5 (commencing with Section 798) of Title 2
of Part 2 of Division 2 of the Civil Code). end insert

(d) A transitional housing community that complies with the
applicable requirements of the Americans with Disabilities Act begin insert of
1990 (Public Law 101-336), as amended by ADA Amendments Act
of 2008 (Public Law 110-325), end insert shall be exempt from begin delete Sections 54
to 55.32, inclusive, end delete begin insert Part 2.5 (commencing with Section 54) of
Division 1 end insert of the Civil Code and actions thereunder for the duration
of the shelter crisis.

(e) This section shall remain in effect only until January begin delete 2, end delete begin insert 1, end insert
2022, and as of that date is repealed, unless a later enacted statute,
that is enacted before January begin delete 2, end delete begin insert 1, end insert 2022, deletes or extends that
date.

SEC. 3.  

The Legislature finds and declares that a special law
is necessary and that a general law cannot be made applicable
within the meaning of Section 16 of Article IV of the California
Constitution because of the unique need to address the problem
of homelessness in the begin delete County of Santa Clara. end delete begin insert City of San Jose. end insert