Senate BillNo. 944

Introduced by Committee on Transportation and Housing (Senators Beall (Chair), Allen, Bates, Cannella, Gaines, Galgiani, Leyva, McGuire, Mendoza, Roth, and Wieckowski)

February 3, 2016

An act to amend Section 4270 of, and to amend and renumber Section 4750.10 of, the Civil Code, and to amend Section 12955.9 of the Government Code, relating to housing.


SB 944, as introduced, Committee on Transportation and Housing. Housing omnibus.

(1) The Davis-Stirling Common Interest Development Act, among other things, requires that the declaration, as defined, of a common interest development include certain specified information and allows for amendments to the declaration pursuant to either the declaration or the provisions of the act. Under existing law, an amendment to a declaration is generally effective after certain specified requirements are met, except as provided.

This bill would clarify that the exception from this requirement includes alternative procedures established in other specified provisions of the act for approving, certifying, or recording an amendment.

Existing law also provides that any provision, except for a reasonable restriction, as defined, of a governing document, as defined, of a common interest development is void and unenforceable if it effectively prohibits or unreasonably restricts the use of a clothesline or a drying rack, as defined, in an owner’s backyard.

This bill would make nonsubstantive changes to this provision.

(2) Under the California Fair Employment and Housing Act, the owner of a housing accommodation is prohibited from discriminating against or harassing any person on the basis of certain personal characteristics, including familial status. The act provides that its provisions relating to discrimination based on familial status do not apply to housing for older persons, defined to include, among others, mobilehome parks that meet the standards for “housing for older persons” contained in the federal Fair Housing Amendments Act of 1988.

This bill would instead require, for this purpose, mobilehome parks to meet the standards for “housing for older persons” contained in the federal Fair Housing Act, as amended by Public Law 104-76.

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

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

P2    1


Section 4270 of the Civil Code is amended to



(a) A declaration may be amended pursuant to the
4declaration or this act. Exceptbegin delete asend deletebegin insert where an alternative process for
5approving, certifying, or recording an amendment isend insert
provided in
6Sectionbegin insert 4225, 4230, 4235, orend insert 4275, an amendment is effective
7after all of the following requirements have been met:

8(1) The amendment has been approved by the percentage of
9members required by the declaration and any other person whose
10approval is required by the declaration.

11(2) That fact has been certified in a writing executed and
12acknowledged by the officer designated in the declaration or by
13the association for that purpose, or if no one is designated, by the
14president of the association.

15(3) The amendment has been recorded in each county in which
16a portion of the common interest development is located.

17(b) If the declaration does not specify the percentage of members
18who must approve an amendment of the declaration, an amendment
19may be approved by a majority of all members, pursuant to Section


SEC. 2.  

Section 4750.10 of the Civil Code is amended and
22renumbered to read:


begin delete4750.10.end delete
24begin insert4753.end insert  

(a) Forbegin insert theend insert purposes of this section, “clothesline”
25includes a cord, rope, or wire from which laundered items may be
P3    1hung to dry or air. A balcony, railing, awning, or other part of a
2structure or building shall not qualify as a clothesline.

3(b) Forbegin insert theend insert purposes of this section, “drying rack” means an
4apparatus from which laundered items may be hung to dry or air.
5A balcony, railing, awning, or other part of a structure or building
6shall not qualify as a drying rack.

7(c) Any provision of a governing document, as defined in
8Section 4150, shall be void and unenforceable if it effectively
9prohibits or unreasonably restricts an owner’s ability to use a
10clothesline or drying rack in the owner’s backyard.

11(d) (1) This section does not apply to provisions that impose
12reasonable restrictions on an owner’s backyard for the use of a
13clothesline or drying rack.

14(2) For purposes of this section, “reasonable restrictions” are
15restrictions that do not significantly increase the cost of using a
16clothesline or drying rack.

17(3) This section applies only to backyards that are designated
18for the exclusive use of the owner.

19(e) Nothing in this section shall prohibit an association from
20establishing and enforcing reasonable rules governing clotheslines
21or drying racks.


SEC. 3.  

Section 12955.9 of the Government Code is amended
23to read:



(a) The provisions of this part relating to
25discrimination on the basis of familial status shall not apply to
26housing for older persons.

27(b) As used in this section, “housing for older persons” means
28any of the following:

29(1) Housing provided under any state or federal program that
30the Secretary of Housing and Urban Development determines is
31specifically designed and operated to assist elderly persons, as
32defined in the state or federal program.

33(2) Housing that meets the standards for senior housing in
34Sections 51.2, 51.3, and 51.4 of the Civil Code, except to the extent
35that those standards violate the prohibition of familial status
36discrimination in the federal Fair Housing Amendments Act of
371988begin delete (P.L.end deletebegin insert (Public Lawend insert 100-430) and implementing regulations.

38(3) Mobilehome parks that meet the standards for “housing for
39older persons” as defined in the federal Fair Housingbegin delete Amendments
P4    1Act of 1988end delete
begin insert Act, as amended by Public Law 104-76,end insert and
2implementing regulations.

3(c) For purposes of this section, the burden of proof shall be on
4the owner to prove that the housing qualifies as housing for older
5 persons.