Amended in Assembly April 28, 2016

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 and repeal Section 8698.3 of, the Government Code, relating to housing.

LEGISLATIVE COUNSEL’S DIGEST

AB 2176, as amended, Campos. Shelter crisis: begin delete declaration: public facilities. end delete begin insert emergency bridge housing communities. end insert

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 1, 2022, upon a declaration of a shelter crisis by the City of San Jose begin delete during a shelter crisis, among other things, end delete would authorize emergency housing to include begin delete a transitional housing end delete begin insert an emergency bridge housing end insert 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 city to enact local standards for begin delete transitional housing end delete begin insert emergency bridge housing end insert communities to be operative during the shelter crisis, as provided. begin insert The bill would require the city, among other things, to match each resident of an emergency bridge housing community to an affordable housing unit identified in the city’s housing plan that will be available for the resident to live in on or before January 1, 2022, and develop a plan for emergency bridge housing communities to include on-site supportive services. The bill would further require the city to annually report to the Legislature specific information on emergency bridge housing communities, including, among other information, the number of residents in every emergency bridge housing community and the actual and projected number of permanent affordable housing units available through January 1, 2022. end insert

This bill would make legislative findings and declarations as to the necessity of a special statute for the City of San Jose.

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)  begin delete “Transitional housing end delete begin insert “Emergency bridge housing end insert
community” means any begin insert new or existing end insert facilities, begin delete including end delete
begin insert including, but not limited to, end insert housing in temporary structures, 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 shall 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 City of San Jose, the
following shall apply during a shelter crisis:

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

(b) The city may, in lieu of state and local building, housing,
health, habitability, or safety standards and laws, enact local
standards for begin delete transitional housing end delete begin insert emergency bridge housing end insert
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 city has adopted health
and safety standards for begin delete transitional housing end delete begin insert emergency bridge
housing end insert communities and those standards are complied with.
Landlord tenant laws codified in Sections 1941 to 1942.5, inclusive,
of the Civil Code providing a cause of action for habitability or
tenantability, shall be suspended for the begin delete transitional housing end delete
begin insert emergency bridge housing end insert communities provided that the city has
adopted health and safety standards for begin delete transitional housing end delete
begin insert emergency bridge housing end insert communities and those standards are
complied with. This section applies only to a public facility or begin delete a
transitional housing end delete begin insert an emergency bridge housing end insert community
reserved for the homeless pursuant to this chapter.

(c)  begin delete A transitional housing end delete begin insert An emergency bridge housing end insert
community constructed or allowed under this chapter shall not be
subject to the Special Occupancy Parks Act (Part 2.3 (commencing
with Section 18860) of Division 13 of the Health and Safety Code),
the Mobilehome Parks Act (Part 2.1 (commencing with Section
18200) of Division 13 of the Health and Safety Code), or the
Mobilehome Residency Law (Chapter 2.5 (commencing with
Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code).

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

begin insert

(e) The city shall match each resident of an emergency bridge
housing community to an affordable housing unit identified in the
city’s housing plan that shall be available for the resident to live
in on or before January 1, 2022.

end insert begin insert

(f) On or before July 1, 2017, the city shall develop a plan for
every emergency bridge housing community to include on-site
supportive services. The city shall make the report publicly
available.

end insert begin insert

(g) On or before January 1, 2018, and annually thereafter, the
city shall report to the Legislature the number of residents in every
emergency bridge housing community, the number of residents
who have moved from an emergency bridge housing community
into permanent affordable housing, the average time required for
a resident to receive a permanent affordable housing unit, and the
actual and projected number of permanent affordable housing
units available through January 1, 2022.

end insert begin delete

(e)

end delete

begin insert (h) end insert  This section shall remain in effect only until January 1, 2022,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 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 City of San Jose.