AB 2176, as amended, Campos. Shelter crisis: emergency bridge housing communities.
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 would authorize emergency housing to include an emergency bridge 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 city to enact local standards for emergency bridge housing communities to be operative during the shelter crisis, as provided. 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.
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 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
P3 1are without the ability to obtain shelter, resulting in a threat to their
2health and
safety.
3(e) “Emergency bridge housing community” means any new or
4existing facilities, including, but not limited to, housing in
5temporary structures, such as camping cabins or recreational
6vehicles that are reserved for homeless persons and families and
7located on property leased or owned by a political subdivision.
8Those facilities shall include supportive and self-sufficiency
9development services, have the ultimate goal of moving homeless
10persons to permanent housing as quickly as reasonably possible,
11and limit rents and service fees to an ability-to-pay formula
12reasonably consistent with the United States Department of
13Housing and Urban Development’s requirements for subsidized
14housing for low-income persons.
Section 8698.3 is added to the Government Code, to
16read:
Notwithstanding any other provisions in this chapter,
18upon a declaration of a shelter crisis by the City of San Jose, the
19following shall apply during a shelter crisis:
20(a) Emergency housing may include an emergency bridge
21housing community for the homeless located or constructed on
22any city-owned or city-leased land, including land acquired with
23low- and moderate-income housing funds.
24(b) The city may, in lieu of state and local building, housing,
25health, habitability, or safety standards and laws, enact local
26standards for emergency bridge housing communities to be
27operative during the shelter crisis consistent with
ensuring minimal
28public health and safety. During the shelter crisis, provisions of
29any state or local regulatory statute, regulation, or ordinance
30prescribing standards of building, housing, health, habitability, or
31safety shall be suspended for thebegin delete transitionalend deletebegin insert emergency bridgeend insert
32 housing communities provided that the city has adopted health
33and safety standards for emergency bridge housing communities
34and those standards are complied with. Landlord tenant laws
35codified in Sections 1941 to 1942.5, inclusive, of the Civil Code
36providing a cause of action for habitability or tenantability, shall
37be suspended for the emergency bridge housing communities
38provided that the city has adopted health and safety standards for
39
emergency bridge housing communities and those standards are
40complied with. This section applies only to a public facility or
an
P4 1emergency bridge housing community reserved for the homeless
2pursuant to this chapter.
3(c) An emergency bridge housing community constructed or
4allowed under this chapter shall not be subject to the Special
5Occupancy Parks Act (Part 2.3 (commencing with Section 18860)
6of Division 13 of the Health and Safety Code), the Mobilehome
7Parks Act (Part 2.1 (commencing with Section 18200) of Division
813 of the Health and Safety Code), or the Mobilehome Residency
9Law (Chapter 2.5 (commencing with Section 798) of Title 2 of
10Part 2 of Division 2 of the Civil Code).
11(d) An emergency bridge housing community that complies
12with the applicable requirements of the Americans with Disabilities
13Act of 1990 (Public Law 101-336), as amended by ADA
14Amendments Act of 2008 (Public Law 110-325),
shall be exempt
15from Part 2.5 (commencing with Section 54) of Division 1 of the
16Civil Code and actions thereunder for the duration of the shelter
17crisis.
18(e) The city shall match each resident of an emergency bridge
19housing community to an affordable housing unit identified in the
20city’s housing plan that shall be available for the resident to live
21in on or before January 1, 2022.
22(f) On or before July 1, 2017, the city shall develop a plan for
23every emergency bridge housing community to include on-site
24supportive services. The city shall make the report publicly
25available.
26(g) On or before January 1, 2018, and annually thereafter, the
27city shall report to the Legislature the number of residents in every
28emergency
bridge housing community, the number of residents
29who have moved from an emergency bridge housing community
30into permanent affordable housing, the average time required for
31a resident to receive a permanent affordable housing unit, and the
32actual and projected number of permanent affordable housing units
33available through January 1, 2022.
34(h) This section shall remain in effect only until January 1, 2022,
35and as of that date is repealed, unless a later enacted statute, that
36is enacted before January 1, 2022, deletes or extends that date.
The Legislature finds and declares that a special law
38is necessary and that a general law cannot be made applicable
39within the meaning of Section 16 of Article IV of the California
P5 1Constitution because of the unique need to address the problem
2of homelessness in the City of San Jose.
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