SB 944, as amended, Committee on Transportation and Housing. Housing omnibus.
(1) Existing law, the Contractors’ State License Law, provides for the licensure and regulation of contractors by the Contractors’ State License Board. Existing law imposes specified requirements on home improvement contracts and service and repair contracts. Existing law makes it a misdemeanor for a person to engage in the business or act in the capacity of a contractor without a license and provides certain exemptions from that licensure requirement, including exemptions for owner-builders, as specified.
This bill would provide an additional exemption for a nonprofit corporation providing assistance to an owner-builder who is participating in a mutual self-help housing program, as specified.
(2) The Mobilehome Residency Law governs tenancies in mobilehome parks and, among other things, authorizes the management of a mobilehome park, under specified circumstances, to either remove the mobilehome from the premises and place it in storage or store the mobilehome on its site. Existing law provides the management with a warehouse lien for these costs and imposes various duties on the management to enforce this lien, including requiring the management to file a notice with the county tax collector of the management’s intent to apply to have the mobilehome designated for disposal after a warehouse lien sale and a notice of disposal with the Department of Housing and Community Development no less than 10 days after the date of sale to enforce the lien against the mobilehome in order to dispose of a mobilehome after a warehouse lien sale, as specified.
This bill would instead require the management to file a notice of intent to apply to have a mobilehome designated for disposal with the tax collector and a notice of disposal with the department no less than 30 days after the date of sale to enforce the lien against the mobilehome.
Existing law also establishes procedures by which the management may dispose of an abandoned mobilehome, including requiring that the management file a notice of disposal with the department, and to post and mail a notice of intent to dispose of the abandoned mobilehome, as specified. The Manufactured Housing Act of 1980 requires the department to enforce various laws pertaining to manufactured housing, mobilehomes, park trailers, commercial coaches, special purpose commercial coaches, and recreational vehicles.
This bill would require the management to post and mail the notice of intent to dispose of the abandoned mobilehome within 10 days following a judgment of abandonment and would require the management to file a notice of disposal with the department within 30 days following a judgment of abandonment, as specified. This bill would authorize the department to adopt guidelines related to procedures and forms to implement the above-described disposal procedures for mobilehomes after a warehouse lien sale and for abandoned mobilehomes until regulations are adopted by the department to replace those guidelines.
(3) Existing law specifies cause for eviction of participants in transitional housing programs, as defined, and establishes a procedure for evicting program participants for specified serious violations of the program’s requirements, rules, or regulations. Existing law authorizes a program operator to seek, on his or her own behalf or on behalf of other participants or persons residing within 100 feet of the program site, a temporary restraining order and an injunction prohibiting abuse or misconduct by the participant, the violation of which is a misdemeanor. Existing law provides procedures for the program operator to exclude the participant from the program site and recover the dwelling unit.
This bill would recast these provisions and repeal identical provisions regarding eviction of participants in transitional housing programs in the Health and Safety Code.
(4) Existing law voids any term in a lease renewed or extended on or after January 1, 2015, that conveys any possessory interest in commercial property that either prohibits or unreasonably restricts, as defined, the installation or use of an electric vehicle charging station in a parking space associated with the commercial property. Existing law defines “electric vehicle charging station” or “charging station” for these purposes as a station designed in compliance with specified provisions of the National Electrical Code that delivers electricity from a source outside an electric vehicle into one or more electric vehicles.
This bill would instead define the term “electric vehicle charging station” or “charging station” by reference to specified provisions of the California Electrical Code.
(5) 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 those requirements 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.
Existing law also requires the association of a common interest development to prepare and distribute to all of its members certain documents, including an annual budget report that includes specified information. In the case of a common interest development that is a condominium project, existing law requires that the annual budget report include a statement describing the status of the common interest development as a condominium project approved by either the Federal Housing Administration or the United States Department of Veterans Affairs, as specified, including whether or not the common interest development is a condominium project.
This bill would delete the requirement that the above-described statement describe whether or not the common interest development is a condominium project.
Existing law also requires the association of a common interest development to distribute to its members an Assessment and Reserve Funding Disclosure Summary form containing specified information, including whether currently projected reserve account balances will be sufficient at the end of each year to meet the association’s obligation for repair or replacement of major components during the next 30 years and that all major components are included in the reserve study and its calculations. Existing law defines “major component” for these purposes by reference to a specified statute.
This bill would correct an erroneous reference to the statutory definition of “major component” for these purposes.
(6) 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.
(7) The Planning and Zoning Law requires a city or county to prepare and adopt a comprehensive, long-term general plan and requires the general plan to include certain mandatory elements, including a housing element. That law also requires the housing element, in turn, to include, among other things, an assessment of housing needs and an inventory of resources and constraints relevant to the meeting of those needs. That law further requires the Department of Housing and Community Development, for specified revisions of the housing element, to determine the existing and projected need for housing for each region, as specified.
This bill would make technical, nonsubstantive changes to this provision.
(8) A provision of the Planning and Zoning Law requires an owner of an assisted housing development proposing the termination of a subsidy contract or prepayment of governmental assistance or of an assisted housing development in which there will be the expiration of rental restrictions to provide a notice of the proposed change to each affected tenant household residing in the assisted housing development, as specified. For the purposes of this requirement, existing law defines “assisted housing development” to mean a multifamily rental housing development that receives governmental assistance under specified programs, including tax-exempt private activity mortgage revenue bonds pursuant to a specified federal statute.
This bill would provide that “assisted housing development” includes a development receiving assistance from tax-exempt private activity mortgage revenue bonds pursuant to the predecessors of that specified federal statute.
(9) The California Building Standards Law provides for the adoption of building standards by state agencies by requiring all state agencies that adopt or propose adoption of any building standard to submit the building standard to the California Building Standards Commission for approval and adoption. Existing law requires an adopting agency to submit the notice and initial statement of reasons for proposed building standards to the commission. If, after review, the commission determines that the notice and initial statement of reasons comply with the Administrative Procedure Act, existing law requires that the commission submit those documents to the Office of Administrative Law for the sole purpose of inclusion in the California Regulatory Notice Register.
This bill would instead require that the commission submit only the notice to the Office of Administrative Law.
(10) Existing law defines the term “housing sponsor” for the purpose of various housing and home finance programs administered by the Department of Housing and Community Development to include various entities, including the duly constituted governing body of an Indian reservation or rancheria, certified by the California Housing Finance Agency as qualified to either own, construct, acquire, or rehabilitate a housing development and subject to the regulatory powers of the agency, as specified.
This bill would expand the definition of “housing sponsor” to include a tribally designated housing entity. The bill would define “tribally designated housing entity” by reference to a specified provision of the federal Native American Housing Assistance and Self-Determination Act of 1996.
(11) The State Housing Law requires the Department of Housing and Community Development to notify specified entities of the dates that each of the uniform codes published by specified organizations are approved by the California Building Standards Commission. Existing law also requires the building regulations and rules adopted by the department to impose substantially the same requirements as are contained in the more recent editions of various uniform industry codes, as specified.
This bill would additionally require the department to notify those entities of the dates that each of the international codes published by specified organizations are approved by the California Building Standards Commission. The bill would additionally require the building regulations and rules adopted by the department to impose substantially the same requirements as are contained in the most recent editions of various international industry codes, as specified, and would make conforming changes.
(12) Existing law requires all water closets and urinals installed or sold in this state to meet specified requirements. Under existing law, these provisions are operative until January 1, 2014, or until the date on which the California Building Standards Commission includes standards in the California Building Standards Code that conform to these requirements.
This bill would repeal this provision.
(13) Existing law, until January 1, 1998, authorized the use of CPVC piping in building construction in California, as specified.
This bill would repeal this provision.
(14) Existing law prohibits a residential structure that is moved into, or within, the jurisdiction of a local agency or the department from being treated as a new building structure, as specified.
This bill would make a technical change to this provision.
(15) Existing law requires a city or county to administratively approve applications to install solar energy systems through the issuance of a building permit or similar nondiscretionary permit, as specified.
This bill would make a technical change to this provision.
(16) Existing law authorizes the Department of Housing and Community Development to make loans from the Mobilehome Park Rehabilitation and Purchase Fund, a continuously appropriated fund, to, among other things, make loans to resident organizations or qualified nonprofit sponsors for the purpose of assisting lower income households in making needed repairs or accessibility-related upgrades to their mobilehomes, if specified criteria are met.
This bill would additionally authorize loans to these entities to assist lower income households in replacing their mobilehomes. By authorizing the expenditure of moneys in a continuously appropriated fund for a new purpose, this bill would make an appropriation.
Vote: 2⁄3. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 7044 of the Business and Professions
2Code is amended to read:
(a) This chapter does not apply to any of the following:
4(1) An owner who builds or improves a structure on his or her
5property, provided that both of the following conditions are met:
6(A) None of the improvements are intended or offered for sale.
7(B) The property owner personally performs all of the work or
8any work not performed by the owner is performed by the owner’s
9employees with wages as their sole compensation.
10(2) An owner who builds or improves a structure on his or her
11property, provided that both of the following conditions are met:
12(A) The owner directly contracts with licensees who are duly
13licensed to contract for the work of the respective trades involved
14in completing the project.
15(B) For projects involving single-family residential structures,
16no more than four of these structures are intended or offered for
17sale in a calendar year. This subparagraph shall not apply if the
18owner contracts with a general contractor for the construction.
19(3) A homeowner improving his or her principal place of
20residence or appurtenances thereto, provided that all of the
21following conditions exist:
22(A) The work is performed prior to sale.
P9 1(B) The homeowner has actually resided in the residence for
2the 12 months prior to completion of the work.
3(C) The homeowner has not availed himself or herself of the
4exemption in this paragraph on more than two structures more
5than once during any three-year period.
6(4) A nonprofit corporation providing assistance to an
7owner-builder, as defined in subdivision (a) of Section 50692 of
8the Health and Safety Code, who is participating in a mutual
9self-help housing program, as defined in Section 50078 of the
10Health and Safety Code.
11(b) In all actions brought under this chapter, both of the
12following shall apply:
13(1) Except as provided in paragraph (2), proof of the sale or
14offering for sale of a structure by or for the owner-builder within
15one year after completion of the structure constitutes a rebuttable
16presumption affecting the burden of proof that the structure was
17undertaken for purposes of sale.
18(2) Proof of the sale or offering for sale of five or more
19structures by the owner-builder within one year after completion
20constitutes a conclusive presumption that the structures were
21undertaken for purposes of sale.
Section 798.56a of the Civil Code is amended to read:
(a) Within 60 days after receipt of, or no later than
2465 days after the mailing of, the notice of termination of tenancy
25pursuant to any reason provided in Section 798.56, the legal owner,
26if any, and each junior lienholder, if any, shall notify the
27management in writing of at least one of the following:
28(1) Its offer to sell the obligation secured by the mobilehome
29to the management for the amount specified in its written offer.
30In that event, the management shall have 15 days following receipt
31of the offer to accept or reject the offer in writing. If the offer is
32rejected, the person or entity that made the offer shall have 10 days
33in which to exercise one of the other options contained in this
34section and shall notify management in writing of its choice.
35(2) Its intention to foreclose on its security interest in the
37(3) Its request that the management pursue the termination of
38tenancy against the homeowner and its offer to reimburse
39management for the reasonable attorney’s fees and court costs
40incurred by the management in that action. If this request and offer
P10 1are made, the legal owner, if any, or junior lienholder, if any, shall
2reimburse the management the amount of reasonable attorney’s
3fees and court costs, as agreed upon by the management and the
4legal owner or junior lienholder, incurred by the management in
5an action to terminate the homeowner’s tenancy, on or before the
6earlier of (A) the 60th calendar day following receipt of written
7notice from the management of the aggregate amount of those
8reasonable attorney’s fees and costs or (B) the date the mobilehome
10(b) A legal owner, if any, or junior lienholder, if any, may sell
11the mobilehome within the park to a third party and keep the
12mobilehome on the site within the mobilehome park until it is
13resold only if all of the following requirements are met:
14(1) The legal owner, if any, or junior lienholder, if any, notifies
15management in writing of the intention to exercise either option
16described in paragraph (2) or (3) of subdivision (a) within 60 days
17following receipt of, or no later than 65 days after the mailing of,
18the notice of termination of tenancy and satisfies all of the
19responsibilities and liabilities of the homeowner owing to the
20management for the 90 days preceding the mailing of the notice
21of termination of tenancy and then continues to satisfy these
22responsibilities and liabilities as they accrue from the date of the
23mailing of that notice until the date the mobilehome is resold.
24(2) Within 60 days following receipt of, or no later than 65 days
25after the mailing of, the notice of termination of tenancy, the legal
26owner or junior lienholder commences all repairs and necessary
27corrective actions so that the mobilehome complies with park rules
28and regulations in existence at the time the notice of termination
29of tenancy was given as well as the health and safety standards
30specified in Sections 18550, 18552, and 18605 of the Health and
31Safety Code, and completes these repairs and corrective actions
32within 90 calendar days of that notice, or before the date that the
33mobilehome is sold, whichever is earlier.
34(3) The legal owner, if any, or junior lienholder, if any, complies
35with the requirements of Article 7 (commencing with Section
36798.70) as it relates to the transfer of the mobilehome to a third
38(c) For purposes of subdivision (b), the “homeowner’s
39responsibilities and liabilities” means all rents, utilities, reasonable
40maintenance charges of the mobilehome and its premises, and
P11 1reasonable maintenance of the mobilehome and its premises
2pursuant to existing park rules and regulations.
3(d) If the homeowner files for bankruptcy, the periods set forth
4in this section are tolled until the mobilehome is released from
6(e) (1) Notwithstanding any other provision of law, including,
7but not limited to, Section 18099.5 of the Health and Safety Code,
8if neither the legal owner nor a junior lienholder notifies the
9management of its decision pursuant to subdivision (a) within the
10period allowed, or performs as agreed within 30 days, or if a
11registered owner of a mobilehome, that is not encumbered by a
12lien held by a legal owner or a junior lienholder, fails to comply
13with a notice of termination and is either legally evicted or vacates
14the premises, the management may either remove the mobilehome
15from the premises and place it in storage or store it on its site. In
16this case, notwithstanding any other provision of law, the
17management shall have a warehouse lien in accordance with
18Section 7209 of the Commercial Code against the mobilehome for
19the costs of dismantling and moving, if appropriate, as well as
20storage, that shall be superior to all other liens, except the lien
21provided for in Section 18116.1 of the Health and Safety Code,
22and may enforce the lien pursuant to Section 7210 of the
23Commercial Code either after the date of judgment in an unlawful
24detainer action or after the date the mobilehome is physically
25vacated by the resident, whichever occurs earlier. Upon completion
26of any sale to enforce the warehouse lien in accordance with
27Section 7210 of the Commercial Code, the management shall
28provide the purchaser at the sale with evidence of the sale, as shall
29be specified by the Department of Housing and Community
30Development, that shall, upon proper request by the purchaser of
31the mobilehome, register title to the mobilehome to this purchaser,
32whether or not there existed a legal owner or junior lienholder on
33this title to the mobilehome.
34(2) (A) Notwithstanding any other law, if the management of
35a mobilehome park acquires a mobilehome after enforcing the
36warehouse lien and files a notice of disposal pursuant to
37subparagraph (B) with the Department of Housing and Community
38Development to designate the mobilehome for disposal,
39management or any other person enforcing this warehouse lien
40shall not be required to pay past or current vehicle license fees
P12 1required by Section 18115 of the Health and Safety Code or obtain
2a tax clearance certificate, as set forth in Section 5832 of the
3Revenue and Taxation Code, provided that management notifies
4the county tax collector in the county in which the mobilehome is
5located of management’s intent to apply to have the mobilehome
6designated for disposal after a warehouse lien sale. The written
7notice shall be sent to the county tax collector no less than 30 days
8after the date of the sale to enforce the lien against the mobilehome
9by first class mail, postage prepaid.
10(B) (i) In order to dispose of a mobilehome after a warehouse
11lien sale, the management shall file a notice of disposal with the
12Department of Housing and Community Development in the form
13and manner as prescribed by the department, no less than 30 days
14after the date of sale to enforce the lien against the mobilehome.
15(ii) After filing a notice of disposal pursuant to clause (i), the
16management may dispose of the mobilehome after obtaining the
17 information required by applicable laws.
18(C) (i) Within 30 days of the date of the disposal of the
19mobilehome, the management shall submit to the Department of
20Housing and Community Development all of the following
21information required for completing the disposal process:
22(I) Photographs identifying and demonstrating that the
23mobilehome was uninhabitable by the removal or destruction of
24all appliances and fixtures such as ovens, stoves, bathroom fixtures,
25and heating or cooling appliances prior to its being moved.
26(II) A statement of facts as to the condition of the mobilehome
27when moved, the date it was moved, and the anticipated site of
28further dismantling or disposal.
29(III) The name, address, and license number of the person or
30 entity removing the mobilehome from the mobilehome park.
31(ii) The information required pursuant to clause (i) shall be
32submitted under penalty of perjury.
33(D) For purposes of this paragraph, “dispose” or “disposal”
34shall mean the removal and destruction of an abandoned
35mobilehome from a mobilehome park, thus making it unusable
36for any purpose and not subject to, or eligible for, use in the future
37as a mobilehome.
38(f) All written notices required by this section, except the notice
39in paragraph (2) of subdivision (e), shall be sent to the other party
40by certified or registered mail with return receipt requested.
P13 1(g) Satisfaction, pursuant to this section, of the homeowner’s
2accrued or accruing responsibilities and liabilities shall not cure
3the default of the homeowner.
Section 798.61 of the Civil Code is amended to read:
(a) (1) As used in this section, “abandoned
6mobilehome” means a mobilehome about which all of the
7following are true:
8(A) It is located in a mobilehome park on a site for which no
9rent has been paid to the management for the preceding 60 days.
10(B) It is unoccupied.
11(C) A reasonable person would believe it to be abandoned.
12(D) It is not permanently affixed to the land.
13(2) As used in this section:
14(A) “Mobilehome” shall
include a trailer coach, as defined in
15Section 635 of the Vehicle Code, or a recreational vehicle, as
16defined in Section 18010 of the Health and Safety Code, if the
17trailer coach or recreational vehicle also satisfies the requirements
18of paragraph (1), including being located on any site within a
19mobilehome park, even if the site is in a separate designated section
20pursuant to Section 18215 of the Health and Safety Code.
21(B) “Abandoned mobilehome” shall include a mobilehome that
22is uninhabitable because of its total or partial destruction that
23cannot be rehabilitated, if the mobilehome also satisfies the
24requirements of paragraph (1).
25(C) “Dispose” or “disposal” shall mean the removal and
26destruction of an abandoned mobilehome from a mobilehome park,
27thus making it unusable for any purpose and not subject to, or
28eligible for, use in the future as a mobilehome.
29(b) After determining a mobilehome in a mobilehome park to
30be an abandoned mobilehome, the management shall post a notice
31of belief of abandonment on the mobilehome for not less than 30
32days, and shall deposit copies of the notice in the United States
33mail, postage prepaid, addressed to the homeowner at the last
34known address and to any known registered owner, if different
35from the homeowner, and to any known holder of a security interest
36in the abandoned mobilehome. This notice shall be mailed by
37registered or certified mail with a return receipt requested.
38(c) (1) Thirty or more days following posting pursuant to
39subdivision (b), the management may file a petition in the superior
40court in the county in which the mobilehome park is located, for
P14 1a judicial declaration of abandonment of the mobilehome. A
2proceeding under this subdivision is a limited civil case. Copies
3of the petition shall be served upon the homeowner, any known
4registered owner, and any known person having a lien or security
5interest of record in the mobilehome by posting a copy on the
6mobilehome and mailing copies to those persons at their last known
7addresses by registered or certified mail with a return receipt
8requested in the United States mail, postage prepaid.
9(2) To dispose of an abandoned mobilehome pursuant to
10subdivision (f), the management shall also do all of the following:
11(A) Declare in the petition that the management will dispose of
12the abandoned mobilehome, and therefore will not seek a tax
13clearance certificate as set forth in Section 5832 of the Revenue
14and Taxation Code.
15(B) Declare in the petition whether the management intends to
16sell the contents of the abandoned mobilehome before its disposal.
17(C) Notify the county tax collector in the county in which the
18mobilehome park is located of the declaration that management
19will dispose of the abandoned mobilehome by sending a copy of
20the petition by first class mail.
21(D) Declare in the petition that management intends to file a
22notice of disposal with the Department of Housing and Community
23Development and complete the disposal process consistent with
24the requirements of subdivision (f).
25(d) (1) Hearing on the petition shall be given precedence over
26other matters on the court’s calendar.
27(2) If, at the hearing, the petitioner shows by a preponderance
28of the evidence that the criteria for an abandoned mobilehome has
29been satisfied and no party establishes an interest therein at the
30hearing and tenders all past due rent and other charges, the court
31shall enter a judgment of abandonment, determine the amount of
32charges to which the petitioner is entitled, and award attorney’s
33fees and costs to the petitioner. For purposes of this subdivision,
34an interest in the mobilehome shall be established by evidence of
35a right to possession of the mobilehome or a security or ownership
36interest in the mobilehome.
37(3) A default may be entered by the court clerk upon request of
38the petitioner, and a default judgment shall be thereupon entered,
39if no responsive pleading is filed within 15 days after service of
40the petition by mail.
P15 1(e) To sell an abandoned mobilehome, the management shall
2do all of the following:
3(1) (A) Within 10 days following a judgment of
4the management shall enter the abandoned mobilehome and
5complete an inventory of the contents and submit the inventory to
7(B) During this period the management shall post and mail a
8notice of intent to sell the abandoned mobilehome and its contents
9under this section, and announcing the date of sale, in the same
10manner as provided for the notice of determination of abandonment
11under subdivision (b). The management shall also provide notice
12to the county tax collector in the county in which the mobilehome
13park is located.
14(C) At any time prior to the sale of an abandoned mobilehome
15or its contents under this section, any person having a right to
16possession of the abandoned mobilehome may recover and remove
17it from the premises upon payment to the management of all rent
18or other charges due, including reasonable costs of storage and
19other costs awarded by the court. Upon receipt of this payment
20and removal of the abandoned mobilehome from the premises
21pursuant to this paragraph, the management shall immediately file
22an acknowledgment of satisfaction of judgment pursuant to Section
23724.030 of the Code of Civil Procedure.
24(2) Following the judgment of abandonment, but not less than
2510 days following the notice of sale specified in paragraph (1), the
26management may conduct a public sale of the abandoned
27mobilehome, its contents, or both. The management may bid at
28the sale and shall have the right to offset its bids to the extent of
29the total amount due it under this section. The proceeds of the sale
30shall be retained by the management, but any unclaimed amount
31thus retained over and above the amount to which the management
32is entitled under this section shall be deemed abandoned property
33and shall be paid into the treasury of the county in which the sale
34took place within 30 days of the date of the sale. The former
35homeowner or any other owner may claim any or all of that
36unclaimed amount within one year from the date of payment to
37the county by making application to the county treasurer or other
38official designated by the county. If the county pays any or all of
39that unclaimed amount to a claimant, neither the county nor any
P16 1officer or employee of the county is liable to any other claimant
2as to the amount paid.
3(3) Within 30 days of the date of the sale, the management shall
4submit to the court an accounting of the moneys received from the
5sale and the disposition of the money and the items contained in
6the inventory submitted to the court pursuant to paragraph (1).
7(4) The management shall provide the purchaser at the sale of
8an abandoned mobilehome with a copy of the judgment of
9abandonment and evidence of the sale, as shall be specified by the
10Department of Housing and Community Development, which shall
11register title in the abandoned mobilehome to the purchaser upon
12presentation thereof within 20 days of purchase. The sale shall
13pass title to the purchaser free of any prior interest, including any
14security interest or lien, except the lien provided for in Section
1518116.1 of the Health and Safety Code, in the abandoned
17(f) To dispose of an abandoned mobilehome, the management
18shall do all of the following:
19(1) (A) Within 10 days following a judgment of abandonment,
20the management shall enter the abandoned mobilehome and
21complete an inventory of the contents and submit the inventory to
23(B) Within 10 days following a judgment of abandonment, the
24management shall post and mail a notice of intent to dispose of
25the abandoned mobilehome and its contents under this section,
26and announcing the date of disposal, in the same manner as
27provided for the notice of determination of abandonment under
28subdivision (b). The management shall also provide notice to the
29county tax collector in the county in which the mobilehome park
31(C) (i) Within 30 days following a judgment of abandonment,
32the management shall file a notice of disposal with the Department
33of Housing and Community Development in the form and manner
34as prescribed by the department.
35(ii) Notwithstanding any other law, when filing a notice of
36disposal pursuant to clause (i), the management shall not be
37required to pay past or current vehicle license fees required by
38Section 18115 of the Health and Safety Code or obtain a tax
39clearance certificated as set forth in Section 5832 of the Revenue
40and Taxation Code, provided that the management notifies the
P17 1county tax collector in the county in which the mobilehome is
2located of the management’s intent to apply to have the
3mobilehome designated for disposal pursuant to this subdivision.
4The written notice shall be sent to the county tax collector no less
5than 10 days after the date of the abandonment judgment by first
6class mail, postage prepaid.
7(D) At any time prior to the disposal of an abandoned
8mobilehome or its contents under this section, any person having
9a right to possession of the abandoned mobilehome may recover
10and remove it from the premises upon payment to the management
11of all rent or other charges due, including reasonable costs of
12storage and other costs awarded by the court. Upon receipt of this
13payment and removal of the abandoned mobilehome from the
14premises pursuant to this subparagraph, the management shall
15immediately file an acknowledgment of satisfaction of judgment
16pursuant to Section 724.030 of the Code of Civil Procedure and a
17cancellation of the notice of disposal with the Department of
18Housing and Community Development.
19(2) Following the judgment of abandonment and approval of
20the notice of disposal by the Department of Housing and
21Community Development, but not less than 10 days following the
22notice of disposal specified in paragraph (1), the management may
23dispose of the abandoned mobilehome after obtaining the
24information required in subparagraph (A) of paragraph (3).
25(3) (A) Within 30 days of the date of the disposal of an
26abandoned mobilehome and its contents, the management shall
27do both of the following:
28(i) Submit to the court and the county tax collector in the county
29in which the mobilehome park is located a statement that the
30abandoned mobilehome and its contents were disposed with
32(ii) (I) Submit to the Department of Housing and Community
33Development all of the following information required for
34completing the disposal process:
35(ia) Photographs identifying and demonstrating that the
36mobilehome was uninhabitable by the removal or destruction of
37all appliances and fixtures such as ovens, stoves, bathroom fixtures,
38and heating or cooling appliances prior to its being moved.
P18 1(ib) A statement of facts as to the condition of the mobilehome
2when moved, the date it was moved, and the anticipated site of
3further dismantling or disposal.
4(ic) The name, address, and license number of the person or
5entity removing the mobilehome from the mobilehome park.
6(II) The information required pursuant to subclause (I) shall be
7submitted under penalty of perjury.
8(B) Within 30 days of the date of the disposal of an abandoned
9mobilehome or the date of the sale of its contents, whichever date
10is later, the management shall submit to the court and the county
11tax collector in the county in which the mobilehome park is located
12an accounting of the moneys received from the sale and the
13disposition of the money and the items contained in the inventory
14submitted to the court pursuant to paragraph (1) and a statement
15that the abandoned mobilehome was disposed with supporting
17(g) Notwithstanding any other law, the management shall not
18be required to obtain a tax clearance certificate, as set forth in
19Section 5832 of the Revenue and Taxation Code, to dispose of an
20abandoned mobilehome and its contents pursuant to subdivision
21(f). However, any sale pursuant to this section shall be subject to
22the registration requirements of Section 18100.5 of the Health and
23Safety Code and the tax clearance certificate requirements of
24Section 18092.7 of the Health and Safety Code.
25(h) Notwithstanding any other law, forms and procedures made
26available for the implementation of Chapter 376 of the Statutes of
272015 shall not be subject to Chapter 4.5 (commencing with Section
2811400) of Part 1 of Division 3 of Title 2 of the Government Code.
(a) (1) Any term in a lease that is executed, renewed,
31or extended on or after January 1, 2015, that conveys any
32possessory interest in commercial property that either prohibits or
33unreasonably restricts the installation or use of an electric vehicle
34charging station in a parking space associated with the commercial
35property, or that is otherwise in conflict with the provisions of this
36section, is void and unenforceable.
37(2) This subdivision does not apply to provisions that impose
38reasonable restrictions on the installation of electric vehicle
39charging stations. However, it is the policy of the state to promote,
P19 1encourage, and remove obstacles to the use of electric vehicle
3(3) This subdivision shall not grant the holder of a possessory
4interest under the lease described in paragraph (1) the right to
5install electric vehicle charging stations in more parking spaces
6than are allotted to the leaseholder in his or her lease, or, if no
7parking spaces are allotted, a number of parking spaces determined
8by multiplying the total number of parking spaces located at the
9commercial property by a fraction, the denominator of which is
10the total rentable square feet at the property, and the numerator of
11which is the number of total square feet rented by the leaseholder.
12(4) If the installation of an electric vehicle charging station has
13the effect of granting the leaseholder a reserved parking space and
14a reserved parking space is not allotted to the leaseholder in the
15lease, the owner of the commercial property may charge a
16reasonable monthly rental amount for the parking space.
17(b) This section shall not apply to any of the following:
18(1) A commercial property where charging stations already exist
19for use by tenants in a ratio that is equal to or greater than 2
20available parking spaces for every 100 parking spaces at the
22(2) A commercial property where there are less than 50 parking
24(c) For purposes of this section:
25(1) “Electric vehicle charging station” or “charging station”
26means a station that is designed in compliance with Article 625 of
27the California Electrical Code, as it reads on the effective date of
28this section, and delivers electricity from a source outside an
29electric vehicle into one or more electric vehicles.
30(2) “Reasonable costs” includes, but is not limited to, costs
31associated with those items specified in the “Permitting Checklist”
32of the “Zero-Emission Vehicles in California: Community
33Readiness Guidebook” published by the Office of Planning and
35(3) “Reasonable restrictions” or “reasonable standards” are
36restrictions or standards that do not significantly increase the cost
37of the electric vehicle charging station or its installation or
38significantly decrease the charging station’s efficiency or specified
P20 1(d) An electric vehicle charging station shall meet applicable
2health and safety standards and requirements imposed by state and
3local authorities as well as all other applicable zoning, land use,
4or other ordinances, or land use permit requirements.
5(e) If lessor approval is required for the installation or use of an
6electric vehicle charging station, the application for approval shall
7not be willfully avoided or delayed. The approval or denial of an
8application shall be in writing.
9(f) An electric vehicle charging station installed by a lessee shall
10satisfy the following provisions:
11(1) If lessor approval is required, the lessee first shall obtain
12approval from the lessor to install the electric vehicle charging
13station and the lessor shall approve the installation if the lessee
14complies with the applicable provisions of the lease consistent
15with the provisions of this section and agrees in writing to do all
16of the following:
17(A) Comply with the lessor’s reasonable standards for the
18installation of the charging station.
19(B) Engage a licensed contractor to install the charging station.
20(C) Within 14 days of approval, provide a certificate of
21insurance that names the lessor as an additional insured under the
22lessee’s insurance policy in the amount set forth in paragraph (3).
23(2) The lessee shall be responsible for all of the following:
24(A) Costs for damage to property and the charging station
25resulting from the installation, maintenance, repair, removal, or
26replacement of the charging station.
27(B) Costs for the maintenance, repair, and replacement of the
29(C) The cost of electricity associated with the charging station.
30(3) The lessee at all times, shall maintain a lessee liability
31coverage policy in the amount of one million dollars ($1,000,000),
32and shall name the lessor as a named additional insured under the
33policy with a right to notice of cancellation and property insurance
34covering any damage or destruction caused by the charging station,
35naming the lessor as its interests may appear.
36(g) A lessor may, in its sole discretion, create a new parking
37space where one did not previously exist to facilitate the installation
38of an electric vehicle charging station, in compliance with all
P21 1(h) Any installation by a lessor or a lessee of an electric vehicle
2charging station in a common interest development is also subject
3to all of the requirements of subdivision (f) of Section 4745.
Chapter 2.5 (commencing with Section 1954.10) is
6added to Title 5 of Part 4 of Division 3 of the Civil Code, to read:
This chapter shall be known and may be cited as the
14Transitional Housing Participant Misconduct Act.
In enacting this chapter, it is the intent of the
16Legislature to prevent the recurrence of acts of substantial
17disruption or violence by participants in transitional housing
18programs against other such participants, program staff, or
19immediate neighbors of the participants.
The following definitions shall govern the
21construction of this chapter:
22(a) “Abuse” means intentionally or recklessly causing or
23attempting to cause bodily injury, or sexual assault or placing
24another person in reasonable apprehension of imminent serious
25bodily injury to himself, herself, or another, where the injured
26person is another participant, program operator’s staff, or a person
27residing within 100 feet of the program site.
28(b) “Homeless person” means an individual or family who, prior
29to participation in a transitional housing program, either lacked a
30fixed, regular, and adequate nighttime residence or had a primary
31nighttime residence, that was one of the following:
32(1) A supervised publicly or privately operated shelter designed
33to provide temporary living accommodations, including, but not
34limited to, welfare hotels, congregate shelters, and transitional
35housing for the mentally ill.
36(2) An institution that provides a temporary residence for
37individuals intended to be institutionalized.
38(3) A public or private place not designed for, or ordinarily used
39as, a regular sleeping accommodation for human beings.
P22 1(c) “Participant” means a homeless person under contract with
2a program operator to participate in a transitional housing program
3and to use a dwelling unit in the program site. For the purposes of
4naming a defendant under this part, or a person to be protected
5under this part, “participant” shall include a person living with a
6participant at the program site. The contract shall specifically
7include the transitional housing program rules and regulations, a
8statement of the program operator’s right of control over and access
9to the program unit occupied by the participant, and a restatement
10of the requirements and procedures of this chapter.
11(d) “Program misconduct” means any intentional violation of
12the transitional housing program rules and regulations which (1)
13substantially interferes with the orderly operation of the transitional
14housing program, and (2) relates to drunkenness on the program
15site, unlawful use or sale of controlled substances, theft, arson, or
16destruction of the property of the program operator, persons living
17within 100 feet of the program site, program employees, or other
18participants, or (3) relates to violence or threats of violence, and
19harassment of persons living within 100 feet of the program site,
20program employees, or of other participants.
21(e) “Program operator” means a governmental agency, or private
22nonprofit corporation receiving any portion of its transitional
23housing program funds from a governmental agency, which is
24operating a transitional housing program. “Program operator” also
25includes any other manager or operator hired by a governmental
26agency or nonprofit corporation to operate its transitional housing
28(f) “Program site” means the real property containing a dwelling
29unit, the use of which is granted to a participant, and other locations
30where program activities or services are carried out or provided,
31subject to the participant’s compliance with the transitional housing
32program rules and regulations.
33(g) “Transitional housing program” means any program which
34is designed to assist homeless persons in obtaining skills necessary
35for independent living in permanent housing and which has all of
36the following components:
37(1) Comprehensive social service programs which include
38regular individualized case management services and which may
39include alcohol and drug abuse counseling, self-improvement
P23 1education, employment and training assistance services, and
2independent living skills development.
3(2) Use of a program unit as a temporary housing unit in a
4structured living environment which use is conditioned upon
5compliance with the transitional housing program rules and
7(3) A rule or regulation which specifies an occupancy period
8of not less than 30 days, but not more than 24 months.
(a) The program operator may seek, on its own behalf
13or on behalf of other participants, project employees, or persons
14residing within 100 feet of the program site, a temporary restraining
15order and an injunction prohibiting abuse or program misconduct
16as provided in this chapter. A program operator may not seek a
17temporary restraining order, pursuant to this section, against a
18participant after the participant has been under contract with the
19program operator for at least six months or longer, except when
20an action is pending against the participant or a temporary
21restraining order is in effect and subject to further orders. Nothing
22in this section shall be construed to authorize a person residing
23within 100 feet of the program site to seek a temporary restraining
24order or injunction under this chapter.
25(b) Upon filing a petition for an injunction under this chapter,
26the program operator may obtain a temporary restraining order in
27accordance with the provisions of this section. No temporary
28restraining order shall be issued without notice to the opposite
29party, unless it shall appear from the facts shown by the affidavit
30that great or irreparable harm would result to the program operator,
31a program participant, or an individual residing within 100 feet of
32the program site before the matter can be heard on notice. The
33program operator or the program operator’s attorney shall state in
34an affidavit to the court (1) that within a reasonable time prior to
35the application for a temporary restraining order he or she informed
36the opposing party or his or her attorney at what time and where
37the application would be made, (2) that he or she in good faith
38attempted to so inform the opposing party and his or her attorney
39but was unable to so inform the opposing attorney or his or her
40party, specifying the efforts made to contact them, or (3) that for
P24 1reasons specified he or she should not be required to inform the
2opposing party or his or her attorney.
3A temporary restraining order may be granted upon an affidavit
4which, to the satisfaction of the court, shows reasonable proof of
5program misconduct or abuse by the participant, and that great or
6irreparable harm would result. A temporary restraining order
7granted under this section shall remain in effect, at the court’s
8discretion, for a period not to exceed five days, unless otherwise
9modified, extended, or terminated by the court.
10(c) The matter shall be made returnable on an order requiring
11cause to be shown why the injunction should not be granted, not
12later than five days from the date of the order. When the matter
13comes up for hearing, the party who obtained the temporary
14restraining order shall be ready to proceed and shall have personally
15served upon the opposite party at least two days prior to the
16hearing, a copy of the petition, a copy of the temporary restraining
17order, if any, the notice of hearing, copies of all affidavits to be
18used in the application, and a copy of any points and authorities
19in support of the petition. If the party who obtained the temporary
20restraining order is not ready, or if he or she fails to serve a copy
21of his or her petition, affidavits, and points and authorities, as
22herein required, the court shall dissolve the temporary restraining
23order. The court may, upon the filing of an affidavit by the program
24operator or his or her attorney, that the participant could not be
25served on time, reissue any temporary restraining order previously
26issued pursuant to this section and dissolved by the court for failure
27to serve the participant. An order reissued under this section shall
28state on its face the new date of expiration of the order. No fees
29shall be charged for the reissuance of any order under this section.
30The participant shall be entitled to a continuance, provided that
31the request is made on or before the hearing date and the hearing
32shall be set for a date within 15 days of the application, unless the
33participant requests a later date. The court may extend, or modify
34and extend, any temporary restraining order until the date and time
35upon which the hearing is held. The participant may file a response
36which explains, excuses, justifies, or denies the alleged conduct.
37No fee shall be charged for the filing of a response. At the hearing,
38the judge shall receive any testimony or evidence that is relevant,
39and may make an independent inquiry. If the judge finds by clear
40and convincing evidence that program misconduct or abuse exists,
P25 1an injunction shall issue prohibiting that conduct. An injunction
2issued pursuant to this section shall have a duration of not more
3than one year. At any time within the three months before the
4expiration of the injunction, the program operator may apply for
5renewal of the injunction by filing a new petition for an injunction
6under this section.
7(d) In addition to orders restraining abuse, the court may, upon
8clear and convincing evidence of abuse, issue an order excluding
9the participant from the program site, or restraining the participant
10from coming within 200 feet of the program site, upon an affidavit
11which, to the satisfaction of the court, shows clear and convincing
12evidence of abuse of a project employee, another participant, or a
13person who resides within 100 feet of the program site, by the
14participant and that great or irreparable injury would result to one
15of these individuals if the order is not issued. An order excluding
16the participant from the program site may be included in the
17temporary restraining order only in an emergency where it is
18necessary to protect another participant, a project employee, or an
19individual who lives within 100 feet of the project site from
20imminent serious bodily injury.
21(e) Nothing in this chapter shall preclude either party from
22representation by private counsel or from appearing on his or her
24(f) The notice of hearing specified in subdivision (c) shall
25contain on its face the name and phone number of an office funded
26by the federal Legal Services Corporation which provides legal
27services to low-income persons in the county in which the action
28is filed. The notice shall indicate that this number may be called
29for legal advice concerning the filing of a response to the petition.
30(g) Nothing in this chapter shall preclude the program operator’s
31right to utilize other existing civil remedies. An order issued under
32this section shall not affect the rights of anyone not named in the
(a) The clerk shall transmit a copy of each temporary
35restraining order or injunction or modification or termination
36thereof, granted under this chapter, by the close of the business
37day on which the order was granted, to the law enforcement
38agencies having jurisdiction over the program site. Each law
39enforcement agency may make available information as to the
40existence and current status of these orders to law enforcement
P26 1officers responding to the scene of reported abuse or program
3(b) Any willful disobedience of any temporary restraining order
4or injunction granted under this section shall be a misdemeanor
5pursuant to Section 166 of the Penal Code.
6(c) If a participant is found in contempt of a court order issued
7pursuant to this section, the court may, in addition to any other
8punishment, modify the order to exclude the participant from the
If a participant has violated an order issued under
11Section 1954.13, the participant shall be considered to have failed
12to perform the conditions of the agreement under which the
13property is held as provided in subsection 3 of Section 1161 of the
14Code of Civil Procedure, which conditions cannot afterward be
The Judicial Council shall promulgate forms and
17related instructions to implement the procedures required by this
18chapter. The petition and response forms shall be simple and
If, after hearing pursuant to this chapter, an order
24excluding the participant from the program site is issued, the
25program operator may, without further notice, take possession of
26the participant’s dwelling unit on the program site. The program
27operator shall have the same rights to the dwelling unit as if it had
28been recovered after abandonment in accordance with Section
291951.3 and without objection of the participant. If other
30participants, including the defendant participant’s family members,
31reside in the dwelling unit, the abandonment shall be deemed only
32to affect the rights of the individual or individuals against whom
33the order was issued.
If the program operator takes possession of the
35property, pursuant to this article, the program operator shall give
36the subject participant a reasonable opportunity to remove the
37participant’s property from his or her dwelling unit on the program
38site, and, thereafter, the program operator may consider the
39remaining subject participant’s property to be abandoned property
40pursuant to Chapter 5 (commencing with Section 1980).
Section 1952.7 of the Civil Code is amended to read:
(a) (1) Any term in a lease that is executed, renewed,
3or extended on or after January 1, 2015, that conveys any
4possessory interest in commercial property that either prohibits or
5unreasonably restricts the installation or use of an electric vehicle
6charging station in a parking space associated with the commercial
7property, or that is otherwise in conflict with the provisions of this
8section, is void and unenforceable.
9(2) This subdivision does not apply to provisions that impose
10reasonable restrictions on the installation of electric vehicle
11charging stations. However, it is the policy of the state to promote,
12encourage, and remove obstacles to the use of electric vehicle
14(3) This subdivision shall not grant the holder of a possessory
15interest under the lease described in paragraph (1) the right to
16install electric vehicle charging stations in more parking spaces
17than are allotted to the leaseholder in his or her lease, or, if no
18parking spaces are allotted, a number of parking spaces determined
19by multiplying the total number of parking spaces located at the
20commercial property by a fraction, the denominator of which is
21the total rentable square feet at the property, and the numerator of
22which is the number of total square feet rented by the leaseholder.
23(4) If the installation of an electric vehicle charging station has
24the effect of granting the leaseholder a reserved parking space and
25a reserved parking space is not allotted to the leaseholder in the
26lease, the owner of the commercial property may charge a
27reasonable monthly rental amount for the parking space.
28(b) This section shall not apply to any of the following:
29(1) A commercial property where charging stations already exist
30for use by tenants in a ratio that is equal to or greater than 2
31available parking spaces for every 100 parking spaces at the
33(2) A commercial property where there are less than 50 parking
35(c) For purposes of this section:
36(1) “Electric vehicle charging station” or “charging station”
37means a station that is designed in compliance with Article 625 of
38the California Electrical Code, as it reads on the effective date of
39this section, and delivers electricity from a source outside an
40electric vehicle into one or more electric vehicles.
P28 1(2) “Reasonable costs” includes, but is not limited to, costs
2associated with those items specified in the “Permitting Checklist”
3of the “Zero-Emission Vehicles in California: Community
4Readiness Guidebook” published by the Office of Planning and
6(3) “Reasonable restrictions” or “reasonable standards” are
7restrictions or standards that do not significantly increase the cost
8of the electric vehicle charging station or its installation or
9significantly decrease the charging station’s efficiency or specified
11(d) An electric vehicle charging station shall meet applicable
12health and safety standards and requirements imposed by state and
13local authorities as well as all other applicable zoning, land use,
14or other ordinances, or land use permit requirements.
15(e) If lessor approval is required for the installation or use of an
16electric vehicle charging station, the application for approval shall
17not be willfully avoided or delayed. The approval or denial of an
18application shall be in writing.
19(f) An electric vehicle charging station installed by a lessee shall
20satisfy the following provisions:
21(1) If lessor approval is required, the lessee first shall obtain
22approval from the lessor to install the electric vehicle charging
23station and the lessor shall approve the installation if the lessee
24complies with the applicable provisions of the lease consistent
25with the provisions of this section and agrees in writing to do all
26of the following:
27(A) Comply with the lessor’s reasonable standards for the
28installation of the charging station.
29(B) Engage a licensed contractor to install the charging station.
30(C) Within 14 days of approval, provide a certificate of
31insurance that names the lessor as an additional insured under the
32lessee’s insurance policy in the amount set forth in paragraph (3).
33(2) The lessee shall be responsible for all of the following:
34(A) Costs for damage to property and the charging station
35resulting from the installation, maintenance, repair, removal, or
36replacement of the charging station.
37(B) Costs for the maintenance, repair, and replacement of the
39(C) The cost of electricity associated with the charging station.
P29 1(3) The lessee at all times, shall maintain a lessee liability
2coverage policy in the amount of one million dollars ($1,000,000),
3and shall name the lessor as a named additional insured under the
4policy with a right to notice of cancellation and property insurance
5covering any damage or destruction caused by the charging station,
6naming the lessor as its interests may appear.
7(g) A lessor may, in its sole discretion, create a new parking
8space where one did not previously exist to facilitate the installation
9of an electric vehicle charging station, in compliance with all
11(h) Any installation by a lessor or a lessee of an electric vehicle
12charging station in a common interest development is also subject
13to all of the requirements of subdivision (f) of Section 4745.
Section 4270 of the Civil Code is amended to read:
(a) A declaration may be amended pursuant to the
16declaration or this act. Except where an alternative process for
17approving, certifying, or recording an amendment is provided in
18Section 4225, 4230, 4235, or 4275, an amendment is effective
19after all of the following requirements have been met:
20(1) The amendment has been approved by the percentage of
21members required by the declaration and any other person whose
22approval is required by the declaration.
23(2) That fact has been certified in a writing executed and
24acknowledged by the officer designated in the declaration or by
25the association for that purpose, or if no one is designated, by the
26president of the association.
27(3) The amendment has been recorded in each county in which
28a portion of the common interest development is located.
29(b) If the declaration does not specify the percentage of members
30who must approve an amendment of the declaration, an amendment
31may be approved by a majority of all members, pursuant to Section
Section 4750.10 of the Civil Code is amended and
34renumbered to read:
(a) For the purposes of this section, “clothesline”
36includes a cord, rope, or wire from which laundered items may be
37hung to dry or air. A balcony, railing, awning, or other part of a
38structure or building shall not qualify as a clothesline.
39(b) For the purposes of this section, “drying rack” means an
40apparatus from which laundered items may be hung to dry or air.
P30 1A balcony, railing, awning, or other part of a structure or building
2shall not qualify as a drying rack.
3(c) Any provision of a governing document, as defined in
4Section 4150, shall be void and unenforceable if it effectively
5prohibits or unreasonably restricts an owner’s ability to use a
6clothesline or drying rack in the owner’s backyard.
7(d) (1) This section does not apply to provisions that impose
8reasonable restrictions on an owner’s backyard for the use of a
9clothesline or drying rack.
10(2) For purposes of this section, “reasonable restrictions” are
11restrictions that do not significantly increase the cost of using a
12clothesline or drying rack.
13(3) This section applies only to backyards that are designated
14for the exclusive use of the owner.
15(e) Nothing in this section shall prohibit an association from
16establishing and enforcing reasonable rules governing clotheslines
17or drying racks.
Section 5300 of the Civil Code, as added by Section
192 of Chapter 184 of the Statutes of 2015, is amended to read:
(a) Notwithstanding a contrary provision in the
21governing documents, an association shall distribute an annual
22budget report 30 to 90 days before the end of its fiscal year.
23(b) Unless the governing documents impose more stringent
24standards, the annual budget report shall include all of the
26(1) A pro forma operating budget, showing the estimated
27revenue and expenses on an accrual basis.
28(2) A summary of the association’s reserves, prepared pursuant
29to Section 5565.
30(3) A summary of the reserve funding plan adopted by the board,
31as specified in paragraph (5) of subdivision (b) of Section 5550.
32The summary shall include notice to members that the full reserve
33study plan is available upon request, and the association shall
34provide the full reserve plan to any member upon request.
35(4) A statement as to whether the board has determined to defer
36or not undertake repairs or replacement of any major component
37with a remaining life of 30 years or less, including a justification
38for the deferral or decision not to undertake the repairs or
P31 1(5) A statement as to whether the board, consistent with the
2reserve funding plan adopted pursuant to Section 5560, has
3determined or anticipates that the levy of one or more special
4assessments will be required to repair, replace, or restore any major
5component or to provide adequate reserves therefor. If so, the
6statement shall also set out the estimated amount, commencement
7date, and duration of the assessment.
8(6) A statement as to the mechanism or mechanisms by which
9the board will fund reserves to repair or replace major components,
10including assessments, borrowing, use of other assets, deferral of
11selected replacements or repairs, or alternative mechanisms.
12(7) A general statement addressing the procedures used for the
13calculation and establishment of those reserves to defray the future
14repair, replacement, or additions to those major components that
15the association is obligated to maintain. The statement shall
16include, but need not be limited to, reserve calculations made using
17the formula described in paragraph (4) of subdivision (b) of Section
185570, and may not assume a rate of return on cash reserves in
19excess of 2 percent above the discount rate published by the Federal
20Reserve Bank of San Francisco at the time the calculation was
22(8) A statement as to whether the association has any outstanding
23loans with an original term of more than one year, including the
24payee, interest rate, amount outstanding, annual payment, and
25when the loan is scheduled to be retired.
26(9) A summary of the association’s property, general liability,
27earthquake, flood, and fidelity insurance policies. For each policy,
28the summary shall include the name of the insurer, the type of
29insurance, the policy limit, and the amount of the deductible, if
30any. To the extent that any of the required information is specified
31in the insurance policy declaration page, the association may meet
32its obligation to disclose that information by making copies of that
33page and distributing it with the annual budget report. The
34summary distributed pursuant to this paragraph shall contain, in
35at least 10-point boldface type, the following statement:
37“This summary of the association’s policies of insurance provides
38only certain information, as required by Section 5300 of the Civil
39Code, and should not be considered a substitute for the complete
40policy terms and conditions contained in the actual policies of
P32 1insurance. Any association member may, upon request and
2provision of reasonable notice, review the association’s insurance
3policies and, upon request and payment of reasonable duplication
4charges, obtain copies of those policies. Although the association
5maintains the policies of insurance specified in this summary, the
6association’s policies of insurance may not cover your property,
7including personal property or real property improvements to or
8around your dwelling, or personal injuries or other losses that occur
9within or around your dwelling. Even if a loss is covered, you may
10nevertheless be responsible for paying all or a portion of any
11deductible that applies. Association members should consult with
12their individual insurance broker or agent for appropriate additional
15(10) When the common interest development is a condominium
16project, a statement describing the status of the common interest
17development as a Federal Housing Administration (FHA)-approved
18condominium project pursuant to FHA guidelines, including
19whether the common interest development is an FHA-approved
20condominium project. The statement shall be in at least 10-point
21font on a separate piece of paper and in the following form:
23“Certification by the Federal Housing Administration may
24provide benefits to members of an association, including an
25improvement in an owner’s ability to refinance a mortgage or
26obtain secondary financing and an increase in the pool of potential
27buyers of the separate interest.
28 The association of this common interest development [is/is not
29(circle one)] certified by the Federal Housing Administration.”
31(11) When the common interest development is a condominium
32project, a statement describing the status of the common interest
33development as a United States Department of Veterans Affairs
34(VA)-approved condominium project pursuant to VA guidelines,
35including whether the common interest development is a
36VA-approved condominium project. The statement shall be in at
37least 10-point font on a separate piece of paper and in the following
P33 1“Certification by the federal Department of Veterans Affairs
2may provide benefits to members of an association, including an
3improvement in an owner’s ability to refinance a mortgage or
4obtain secondary financing and an increase in the pool of potential
5buyers of the separate interest.
6 The association of this common interest development [is/is not
7(circle one)] certified by the federal Department of Veterans
10(c) The annual budget report shall be made available to the
11members pursuant to Section 5320.
12(d) The summary of the association’s reserves disclosed pursuant
13to paragraph (2) of subdivision (b) shall not be admissible in
14evidence to show improper financial management of an association,
15provided that other relevant and competent evidence of the financial
16condition of the association is not made inadmissible by this
18(e) The Assessment and Reserve Funding Disclosure Summary
19form, prepared pursuant to Section 5570, shall accompany each
20annual budget report or summary of the annual budget report that
21is delivered pursuant to this article.
22(f) This section shall become operative on July 1, 2016.
Section 5570 of the Civil Code is amended to read:
(a) The disclosures required by this article with regard
25to an association or a property shall be summarized on the
29Assessment and Reserve Funding Disclosure Summary For the
30Fiscal Year Ending _____
32(1) The regular assessment per ownership interest is $_____
33per ____. Note: If assessments vary by the size or type of
34ownership interest, the assessment applicable to this ownership
35interest may be found on page _____ of the attached summary.
P34 1(2) Additional regular or special assessments that have already
2been scheduled to be imposed or charged, regardless of the purpose,
3if they have been approved by the board and/or members:
Date assessment will be due:
Amount per ownership interest per month or year (If assessments are variable, see note
Purpose of the assessment:
15Note: If assessments vary by the size or type of ownership
16interest, the assessment applicable to this ownership interest may
17be found on page ____ of the attached report.
18(3) Based upon the most recent reserve study and other
19information available to the board of directors, will currently
20projected reserve account balances be sufficient at the end of each
21year to meet the association’s obligation for repair and/or
22replacement of major components during the next 30 years?
23Yes _____ No _____
24(4) If the answer to (3) is no, what additional assessments or
25other contributions to reserves would be necessary to ensure that
26sufficient reserve funds will be available each year during the next
2730 years that have not yet been approved by the board or the
Approximate date assessment
Amount per ownership interest
P35 1(5) All major components are included in the reserve study and
2are included in its calculations.
3(6) Based on the method of calculation in paragraph (4) of
4subdivision (b) of Section 5570, the estimated amount required in
5 the reserve fund at the end of the current fiscal year is $____, based
6in whole or in part on the last reserve study or update prepared by
7____ as of ____ (month), ____ (year). The projected reserve fund
8cash balance at the end of the current fiscal year is $____, resulting
9in reserves being ____ percent funded at this date.
10If an alternate, but generally accepted, method of calculation is
11also used, the required reserve amount is $____. (See attached
13(7) Based on the method of calculation in paragraph (4) of
14subdivision (b) of Section 5570 of the Civil Code, the estimated
15amount required in the reserve fund at the end of each of the next
16five budget years is $______, and the projected reserve fund cash
17balance in each of those years, taking into account only assessments
18already approved and other known revenues, is $______, leaving
19the reserve at ______ percent funded. If the reserve funding plan
20approved by the association is implemented, the projected reserve
21fund cash balance in each of those years will be $______, leaving
22the reserve at ______ percent funded.
24Note: The financial representations set forth in this summary
25are based on the best estimates of the preparer at that time. The
26estimates are subject to change. At the time this summary was
27prepared, the assumed long-term before-tax interest rate earned
28on reserve funds was ____ percent per year, and the assumed
29long-term inflation rate to be applied to major component repair
30and replacement costs was ____ percent per year.
32(b) For the purposes of preparing a summary pursuant to this
34(1) “Estimated remaining useful life” means the time reasonably
35calculated to remain before a major component will require
37(2) “Major component” has the meaning used in Section 5550.
38Components with an estimated remaining useful life of more than
3930 years may be included in a study as a capital asset or disregarded
40from the reserve calculation, so long as the decision is revealed in
P36 1the reserve study report and reported in the Assessment and
2Reserve Funding Disclosure Summary.
3(3) The form set out in subdivision (a) shall accompany each
4annual budget report or summary thereof that is delivered pursuant
5to Section 5300. The form may be supplemented or modified to
6clarify the information delivered, so long as the minimum
7information set out in subdivision (a) is provided.
8(4) For the purpose of the report and summary, the amount of
9reserves needed to be accumulated for a component at a given time
10shall be computed as the current cost of replacement or repair
11multiplied by the number of years the component has been in
12service divided by the useful life of the component. This shall not
13be construed to require the board to fund reserves in accordance
14with this calculation.
Section 12955.9 of the Government Code is amended
(a) The provisions of this part relating to
18discrimination on the basis of familial status shall not apply to
19housing for older persons.
20(b) As used in this section, “housing for older persons” means
21any of the following:
22(1) Housing provided under any state or federal program that
23the Secretary of Housing and Urban Development determines is
24specifically designed and operated to assist elderly persons, as
25defined in the state or federal program.
26(2) Housing that meets the standards for senior housing in
27Sections 51.2, 51.3, and 51.4 of the Civil Code, except to the extent
28that those standards violate the prohibition of familial status
29discrimination in the federal Fair Housing Amendments Act of
301988 (Public Law 100-430) and implementing regulations.
31(3) Mobilehome parks that meet the standards for “housing for
32older persons” as defined in the federal Fair Housing Act, as
33amended by Public Law 104-76, and implementing regulations.
34(c) For purposes of this section, the burden of proof shall be on
35the owner to prove that the housing qualifies as housing for older
Section 65584.01 of the Government Code is amended
(a) For the fourth and subsequent revision of the
40housing element pursuant to Section 65588, the department, in
P37 1consultation with each council of governments, where applicable,
2shall determine the existing and projected need for housing for
3each region in the following manner:
4(b) The department’s determination shall be based upon
5population projections produced by the Department of Finance
6and regional population forecasts used in preparing regional
7transportation plans, in consultation with each council of
8governments. If the total regional population forecast for the
9projection year, developed by the council of governments and used
10for the preparation of the regional transportation plan, is within a
11range of 3 percent of the total regional population forecast for the
12projection year by the Department of Finance, then the population
13forecast developed by the council of governments shall be the basis
14from which the department determines the existing and projected
15need for housing in the region. If the difference between the total
16population projected by the council of governments and the total
17population projected for the region by the Department of Finance
18is greater than 3 percent, then the department and the council of
19governments shall meet to discuss variances in methodology used
20for population projections and seek agreement on a population
21projection for the region to be used as a basis for determining the
22existing and projected housing need for the region. If no agreement
23is reached, then the population projection for the region shall be
24the population projection for the region prepared by the Department
25of Finance as may be modified by the department as a result of
26discussions with the council of governments.
27(c) (1) At least 26 months prior to the scheduled revision
28pursuant to Section 65588 and prior to developing the existing and
29projected housing need for a region, the department shall meet and
30consult with the council of governments regarding the assumptions
31and methodology to be used by the department to determine the
32region’s housing needs. The council of governments shall provide
33data assumptions from the council’s projections, including, if
34available, the following data for the region:
35(A) Anticipated household growth associated with projected
37(B) Household size data and trends in household size.
38(C) The rate of household formation, or headship rates, based
39on age, gender, ethnicity, or other established demographic
P38 1(D) The vacancy rates in existing housing stock, and the vacancy
2rates for healthy housing market functioning and regional mobility,
3as well as housing replacement needs.
4(E) Other characteristics of the composition of the projected
6(F) The relationship between jobs and housing, including any
7imbalance between jobs and housing.
8(2) The department may accept or reject the information
9provided by the council of governments or modify its own
10assumptions or methodology based on this information. After
11consultation with the council of governments, the department shall
12make determinations in writing on the assumptions for each of the
13factors listed in subparagraphs (A) to (F), inclusive, of paragraph
14(1) and the methodology it shall use and shall provide these
15determinations to the council of governments.
16(d) (1) After consultation with the council of governments, the
17department shall make a determination of the region’s existing
18and projected housing need based upon the assumptions and
19methodology determined pursuant to subdivision (c). The region’s
20existing and projected housing need shall reflect the achievement
21of a feasible balance between jobs and housing within the region
22using the regional employment projections in the applicable
23regional transportation plan. Within 30 days following notice of
24the determination from the department, the council of governments
25may file an objection to the department’s determination of the
26region’s existing and projected housing need with the department.
27(2) The objection shall be based on and substantiate either of
29(A) The department failed to base its determination on the
30population projection for the region established pursuant to
31subdivision (b), and shall identify the population projection which
32the council of governments believes should instead be used for the
33determination and explain the basis for its rationale.
34(B) The regional housing need determined by the department
35is not a reasonable application of the methodology and assumptions
36determined pursuant to subdivision (c). The objection shall include
37a proposed alternative determination of its regional housing need
38based upon the determinations made in subdivision (c), including
39analysis of why the proposed alternative would be a more
P39 1reasonable application of the methodology and assumptions
2determined pursuant to subdivision (c).
3(3) If a council of governments files an
objection pursuant to
4this subdivision and includes with the objection a proposed
5alternative determination of its regional housing need, it shall also
6include documentation of its basis for the alternative determination.
7Within 45 days of receiving an objection filed pursuant to this
8section, the department shall consider the objection and make a
9final written determination of the region’s existing and projected
10housing need that includes an explanation of the information upon
11which the determination was made.
Section 65863.10 of the Government Code is amended
(a) As used in this section, the following terms have
15the following meanings:
16(1) “Affected public entities” means the mayor of the city in
17which the assisted housing development is located, or, if located
18in an unincorporated area, the chair of the board of supervisors of
19the county; the appropriate local public housing authority, if any;
20and the Department of Housing and Community Development.
21(2) “Affected tenant” means a tenant household residing in an
22assisted housing development, as defined in paragraph (3), at the
23time notice is required to be provided pursuant to this section, that
24benefits from the government assistance.
25(3) “Assisted housing development” means a multifamily rental
26housing development that receives governmental assistance under
27any of the following programs:
28(A) New construction, substantial rehabilitation, moderate
29rehabilitation, property disposition, and loan management set-aside
30programs, or any other program providing project-based assistance,
31under Section 8 of the United States Housing Act of 1937, as
32amended (42 U.S.C. Sec. 1437f).
33(B) The following federal programs:
34(i) The Below-Market-Interest-Rate Program under Section
35221(d)(3) of the National Housing Act (12 U.S.C. Sec. 1715 l(d)(3)
37(ii) Section 236 of the National Housing Act (12 U.S.C. Sec.
39(iii) Section 202 of the Housing Act of 1959 (12 U.S.C. Sec.
P40 1(C) Programs for rent supplement assistance under Section 101
2of the Housing and Urban Development Act of 1965, as amended
3(12 U.S.C. Sec. 1701s).
4(D) Programs under Sections 514, 515, 516, 533, and 538 of
5the Housing Act of 1949, as amended (42 U.S.C. Sec. 1485).
6(E) Section 42 of the Internal Revenue Code.
7(F) Section 142(d) of the Internal Revenue Code or its
8predecessors (tax-exempt private activity mortgage revenue bonds).
9(G) Section 147 of the Internal Revenue Code (Section 501(c)(3)
11(H) Title I of the Housing and Community
12of 1974, as amended (Community Development Block Grant
14(I) Title II of the Cranston-Gonzalez National Affordable
15Housing Act of 1990, as amended (HOME Investment Partnership
17(J) Titles IV and V of the McKinney-Vento Homeless Assistance
18Act of 1987, as amended, including the Department of Housing
19and Urban Development’s Supportive Housing Program, Shelter
20Plus Care Program, and surplus federal property disposition
22(K) Grants and loans made by the Department of Housing and
23Community Development, including the Rental Housing
24Construction Program, CHRP-R, and other rental housing finance
26(L) Chapter 1138 of the Statutes of 1987.
following assistance provided by counties or cities in
28exchange for restrictions on the maximum rents that may be
29charged for units within a multifamily rental housing development
30and on the maximum tenant income as a condition of eligibility
31for occupancy of the unit subject to the rent restriction, as reflected
32by a recorded agreement with a county or city:
33(i) Loans or grants provided using tax increment financing
34pursuant to the Community Redevelopment Law (Part 1
35(commencing with Section 33000) of Division 24 of the Health
36and Safety Code).
37(ii) Local housing trust funds, as referred to in paragraph (3) of
38subdivision (a) of Section 50843 of the Health and Safety Code.
39(iii) The sale or lease of public property at or below market
P41 1(iv) The
granting of density bonuses, or concessions or
2incentives, including fee waivers, parking variances, or
3amendments to general plans, zoning, or redevelopment project
4area plans, pursuant to Chapter 4.3 (commencing with Section
6Assistance pursuant to this subparagraph shall not include the
7use of tenant-based Housing Choice Vouchers (Section 8(o) of the
8United States Housing Act of 1937, 42 U.S.C. Sec. 1437f(o),
9excluding subparagraph (13) relating to project-based assistance).
10Restrictions shall not include any rent control or rent stabilization
11ordinance imposed by a county, city, or city and county.
12(4) “City” means a general law city, a charter city, or a city and
14(5) “Expiration of rental restrictions” means the expiration of
15rental restrictions for an assisted housing development described
16in paragraph (3) unless the development has other recorded
17agreements restricting the rent to the same or lesser levels for at
18least 50 percent of the units.
19(6) “Low or moderate income” means having an income as
20defined in Section 50093 of the Health and Safety Code.
21(7) “Prepayment” means the payment in full or refinancing of
22the federally insured or federally held mortgage indebtedness prior
23to its original maturity date, or the voluntary cancellation of
24mortgage insurance, on an assisted housing development described
25in paragraph (3) that would have the effect of removing the current
26rent or occupancy or rent and occupancy restrictions contained in
27the applicable laws and the regulatory agreement.
28(8) “Termination” means an owner’s decision not to extend or
29renew its participation in a federal, state, or local government
30subsidy program or private, nongovernmental subsidy program
31for an assisted housing development described in paragraph (3),
32either at or prior to the scheduled date of the expiration of the
33contract, that may result in an increase in tenant rents or a change
34in the form of the subsidy from project-based to tenant-based.
35(9) “Very low income” means having an income as defined in
36Section 50052.5 of the Health and Safety Code.
37(b) (1) At least 12 months prior to the anticipated date of the
38termination of a subsidy contract, the expiration of rental
39restrictions, or prepayment on an assisted housing development,
40the owner proposing the termination or prepayment of
P42 1governmental assistance or the owner of an assisted housing
2development in which there will be the expiration of rental
3restrictions shall provide a notice of the proposed change to each
4affected tenant household residing in the assisted housing
5development at the time the notice is provided and to the affected
6public entities. An owner who meets the requirements of Section
765863.13 shall be exempt from providing that notice. The notice
8shall contain all of the following:
9(A) In the event of termination, a statement that the owner
10intends to terminate the subsidy contract or rental restrictions upon
11its expiration date, or the expiration date of any contract extension
13(B) In the event of the expiration of rental restrictions, a
14statement that the restrictions will expire, and in the event of
15prepayment, termination, or the expiration of rental restrictions
16whether the owner intends to increase rents during the 12 months
17following prepayment, termination, or the expiration of rental
18restrictions to a level greater than permitted under Section 42 of
19the Internal Revenue Code.
20(C) In the event of prepayment, a statement that the owner
21intends to pay in full or refinance the federally insured or federally
22held mortgage indebtedness prior to its original maturity date, or
23voluntarily cancel the mortgage insurance.
24(D) The anticipated date of the termination, prepayment of the
25federal or other program or expiration of rental restrictions, and
26the identity of the federal or other program described in subdivision
28(E) A statement that the proposed change would have the effect
29of removing the current low-income affordability restrictions in
30the applicable contract or regulatory agreement.
31(F) A statement of the possibility that the housing may remain
32in the federal or other program after the proposed date of
33termination of the subsidy contract or prepayment if the owner
34elects to do so under the terms of the federal government’s or other
35program operator’s offer.
36(G) A statement whether other governmental assistance will be
37provided to tenants residing in the development at the time of the
38termination of the subsidy contract or prepayment.
39(H) A statement that a subsequent notice of the proposed change,
40including anticipated changes in rents, if any, for the development,
P43 1will be provided at least six months prior to the anticipated date
2of termination of the subsidy contract, or expiration of rental
3restrictions, or prepayment.
4(I) A statement of notice of opportunity to submit an offer to
5purchase, as required in Section 65863.11.
6(2) Notwithstanding paragraph (1), if an
owner provides a copy
7of a federally required notice of termination of a subsidy contract
8or prepayment at least 12 months prior to the proposed change to
9each affected tenant household residing in the assisted housing
10development at the time the notice is provided and to the affected
11public entities, the owner shall be deemed in compliance with this
12subdivision, if the notice is in compliance with all federal laws.
13However, the federally required notice does not satisfy the
14requirements of Section 65863.11.
15(c) (1) At least six months prior to the anticipated date of
16termination of a subsidy contract, expiration of rental restrictions
17or prepayment on an assisted housing development, the owner
18proposing the termination or prepayment of governmental
19assistance or the owner of an assisted housing development in
20which there will be the expiration of rental restrictions shall provide
21a notice of the proposed change to each affected tenant household
22residing in the assisted housing development at the time the notice
23is provided and to the affected public entities. An owner who meets
24the requirements of Section 65863.13 shall be exempt from
25providing that notice.
26(2) The notice to the tenants shall contain all of the following:
27(A) The anticipated date of the termination or prepayment of
28the federal or other program, or the expiration of rental restrictions,
29and the identity of the federal or other program, as described in
31(B) The current rent and rent anticipated for the unit during the
3212 months immediately following the date of the prepayment or
33termination of the federal or other program, or expiration of rental
35(C) A statement that a copy
of the notice will be sent to the city,
36county, or city and county, where the assisted housing development
37is located, to the appropriate local public housing authority, if any,
38and to the Department of Housing and Community Development.
39(D) A statement of the possibility that the housing may remain
40in the federal or other program after the proposed date of subsidy
P44 1termination or prepayment if the owner elects to do so under the
2terms of the federal government’s or other program administrator’s
3offer or that a rent increase may not take place due to the expiration
4of rental restrictions.
5(E) A statement of the owner’s intention to participate in any
6current replacement subsidy program made available to the affected
8(F) The name and telephone number of the city, county, or city
9and county, the appropriate local public housing authority, if any,
10the Department of Housing and Community Development, and a
11legal services organization, that can be contacted to request
12additional written information about an owner’s responsibilities
13and the rights and options of an affected tenant.
14(3) In addition to the information provided in the notice to the
15affected tenant, the notice to the affected public entities shall
16contain information regarding the number of affected tenants in
17the project, the number of units that are government assisted and
18the type of assistance, the number of the units that are not
19government assisted, the number of bedrooms in each unit that is
20government assisted, and the ages and income of the affected
21tenants. The notice shall briefly describe the owner’s plans for the
22project, including any timetables or deadlines for actions to be
23taken and specific governmental approvals that are required to be
24obtained, the reason the owner seeks to terminate the subsidy
25contract or prepay the mortgage, and any contacts the owner has
26made or is making with other governmental agencies or other
27interested parties in connection with the notice. The owner shall
28also attach a copy of any federally required notice of the
29termination of the subsidy contract or prepayment that was
30provided at least six months prior to the proposed change. The
31information contained in the notice shall be based on data that is
32reasonably available from existing written tenant and project
34(d) The owner proposing the termination or prepayment of
35governmental assistance or the owner of an assisted housing
36development in which there will be the expiration of rental
37restrictions shall provide additional notice of any significant
38changes to the notice required by subdivision (c) within seven
39business days to each affected tenant household residing in the
40assisted housing development at the time the notice is provided
P45 1and to the affected public entities. “Significant changes” shall
2include, but not be limited to, any changes to the date of
3termination or prepayment, or expiration of rental restrictions or
4the anticipated new rent.
5(e) An owner who is subject to the requirements of this section
6shall also provide a copy of any notices issued to existing tenants
7pursuant to subdivision (b), (c), or (d) to any prospective tenant at
8the time he or she is interviewed for eligibility.
9(f) This section shall not require the owner to obtain or acquire
10additional information that is not contained in the existing tenant
11and project records, or to update any information in his or her
12records. The owner shall not be held liable for any inaccuracies
13contained in these records or from other sources, nor shall the
14owner be liable to any party for providing this information.
15(g) For purposes of this section, service of the notice to the
16affected tenants, the city, county, or city and county, the appropriate
17local public housing authority, if any, and the Department of
18Housing and Community Development by the owner pursuant to
19subdivisions (b) to (e), inclusive, shall be made by first-class mail
21(h) Nothing in this section shall enlarge or diminish the
22authority, if any, that a city, county, city and county, affected
23tenant, or owner may have, independent of this section.
24(i) If, prior to January 1, 2001, the owner has already accepted
25a bona fide offer from a qualified entity, as defined in subdivision
26(c) of Section 65863.11, and has complied with this section as it
27existed prior to January 1, 2001, at the time the owner decides to
28sell or otherwise dispose of the development, the owner shall be
29deemed in compliance with this section.
30(j) Injunctive relief shall be available to any party identified in
31paragraph (1) or (2) of subdivision (a) who is aggrieved by a
32violation of this section.
33(k) The Director of Housing and Community Development shall
34approve forms to be used by owners to comply with subdivisions
35(b) and (c). Once the director has approved the forms, an owner
36shall use the approved forms to comply with subdivisions (b) and
Section 17913 of the Health and Safety Code is
39amended to read:
(a) The department shall notify the entities listed in
2subdivision (c) of the dates that each of the international or uniform
3codes published by the specific organizations described in
4paragraphs (1) to (5), inclusive, of subdivision (a) of Section 17922
5are approved by the California Building Standards Commission
6pursuant to Section 18930 and the effective date of the model codes
7as established by the California Building Standards Commission.
8(b) The department may publish information bulletins regarding
9code enforcement as emergencies occur or at any other time the
10department determines appropriate.
11(c) The department shall distribute the information described
12 in subdivision (a), and may distribute the information described
13in subdivision (b), to the following entities:
14(1) The building department in each county and city.
15(2) Housing code officials, fire service officials, professional
16associations concerned with building standards, and any other
17persons or entities the department determines appropriate.
Section 17921.3 of the Health and Safety Code is
Section 17921.9 of the Health and Safety Code is
Section 17922 of the Health and Safety Code is
23amended to read:
(a) Except as otherwise specifically provided by law,
25the building standards adopted and submitted by the department
26for approval pursuant to Chapter 4 (commencing with Section
2718935) of Part 2.5, and the other rules and regulations that are
28contained in Title 24 of the California Code of Regulations, as
29adopted, amended, or repealed from time to time pursuant to this
30chapter shall be adopted by reference, except that the building
31standards and rules and regulations shall include any additions or
32deletions made by the department. The building standards and
33rules and regulations shall impose substantially the same
34requirements as are contained in the most recent editions of the
35following international or uniform industry codes as adopted by
36the organizations specified:
37(1) The Uniform Housing Code of the International Conference
38of Building Officials, except its definition of “substandard
P47 1(2) The International Building Code of the International Code
3(3) The International Residential Code of the International Code
5(4) The Uniform Plumbing Code of the International Association
6of Plumbing and Mechanical Officials.
7(5) The Uniform Mechanical Code of the International
8Association of Plumbing and Mechanical Officials.
9(6) The National Electrical Code of the National Fire Protection
International Existing Building Code of the International
13(b) In adopting building standards for approval pursuant to
14Chapter 4 (commencing with Section 18935) of Part 2.5 for
15publication in the California Building Standards Code and in
16adopting other regulations, the department shall consider local
17conditions and any amendments to the international or uniform
18codes referred to in this section. Except as provided in Part 2.5
19(commencing with Section 18901), in the absence of adoption by
20regulation, the most recent editions of the international or uniform
21codes referred to in this section shall be considered to be adopted
22one year after the date of publication of the applicable international
23or uniform codes.
24(c) Except as provided in Section 17959.5, local use zone
25requirements, local fire zones, building setback, side and rear yard
26requirements, and property line requirements are hereby
27specifically and entirely reserved to the local jurisdictions
28notwithstanding any requirements found or set forth in this part.
29(d) Regulations other than building standards which are adopted,
30amended, or repealed by the department, and building standards
31adopted and submitted by the department for approval pursuant
32to Chapter 4 (commencing with Section 18935) of Part 2.5,
33governing alteration and repair of existing buildings and moving
34of apartment houses and dwellings shall permit the replacement,
35retention, and extension of original materials and the continued
36use of original methods of construction as long as the hotel,
37lodginghouse, motel, apartment house, or dwelling, or portions
38thereof, or building and structure accessory thereto, complies with
39the provisions published in the California Building Standards Code
40and the other rules and regulations of the department or alternative
P48 1local standards adopted pursuant to subdivision (b) of Section
213143.2 or Section 17958.5 and does not become or continue to
3be a substandard building. Building additions or alterations which
4increase the area, volume, or size of an existing building, and
5foundations for apartment houses and dwellings moved, shall
6comply with the requirements for new buildings or structures
7specified in this part, or in building standards published in the
8California Building Standards Code, or in the other rules and
9regulations adopted pursuant to this part. However, the additions
10and alterations shall not cause the building to exceed area or height
11limitations applicable to new construction.
12(e) Regulations other than building standards which are adopted
13by the department and building standards adopted and submitted
14by the department for approval pursuant to Chapter 4 (commencing
15with Section 18935) of Part 2.5 governing alteration and repair of
16existing buildings shall permit the use of alternate materials,
17appliances, installations, devices, arrangements, or methods of
18construction if the material, appliance, installation, device,
19arrangement, or method is, for the purpose intended, at least the
20equivalent of that prescribed in this part, the building standards
21published in the California Building Standards Code, and the rules
22and regulations promulgated pursuant to the provisions of this part
23in performance, safety, and for the protection of life and health.
24Regulations governing abatement of substandard buildings shall
25permit those conditions prescribed by Section 17920.3 which do
26not endanger the life, limb, health, property, safety, or welfare of
27the public or the occupant thereof.
28(f) A local enforcement agency may not prohibit the use of
29materials, appliances, installations, devices, arrangements, or
30methods of construction specifically permitted by the department
31to be used in the alteration or repair of existing buildings, but those
32materials, appliances, installations, devices, arrangements, or
33methods of construction may be specifically prohibited by local
34ordinance as provided pursuant to Section 17958.5.
35(g) A local ordinance may not permit any action or proceeding
36to abate violations of regulations governing maintenance of existing
37buildings, unless the building is a substandard building or the
38violation is a misdemeanor.
Section 17922.3 of the Health and Safety Code is
40amended to read:
Notwithstanding any other provision of law, a
2residential structure that is moved into, or within, the jurisdiction
3of a local agency or the department, shall not be treated as a new
4building or structure, but rather shall be treated, for the purposes
5of this part, as subject to Section 17958.9.
Section 17958.1 of the Health and Safety Code is
7amended to read:
Notwithstanding Sections 17922, 17958, and 17958.5,
9a city, county, or city and county may, by ordinance, permit
10efficiency units for occupancy by no more than two persons which
11have a minimum floor area of 150 square feet and which may also
12have partial kitchen or bathroom facilities, as specified by the
13ordinance. In all other respects, these efficiency units shall conform
14to minimum standards for those occupancies otherwise made
15applicable pursuant to this part.
16“Efficiency unit,” as used in this section, has the same meaning
17specified in the International Building Code of the International
18Code Council, as incorporated by reference in Part 2 of Title 24
19of the California Code of Regulations.
Section 17959.1 of the Health and Safety Code is
21amended to read:
(a) A city or county shall administratively approve
23applications to install solar energy systems through the issuance
24of a building permit or similar nondiscretionary permit. However,
25if the building official of the city or county has a good faith belief
26that the solar energy system could have a specific, adverse impact
27upon the public health and safety, the city or county may require
28the applicant to apply for a use permit.
29(b) A city or county may not deny an application for a use permit
30to install a solar energy system unless it makes written findings
31based upon substantial evidence in the record that the proposed
32installation would have a specific, adverse impact upon the public
33health or safety, and there is no feasible method to satisfactorily
34mitigate or avoid the specific, adverse impact. This finding shall
35include the basis for the rejection of potential feasible alternatives
36of preventing the adverse impact.
37(c) Any conditions imposed on an application to install a solar
38energy system must be designed to mitigate the specific, adverse
39impact upon the public health and safety at the lowest cost possible.
P50 1(d) (1) A solar energy system shall meet applicable health and
2safety standards and requirements imposed by state and local
4(2) A solar energy system for heating water shall be certified
5by the Solar Rating Certification Corporation (SRCC) or other
6nationally recognized certification agency. SRCC is a nonprofit
7third party supported by the United States Department of Energy.
8 The certification shall be for the entire solar energy system and
10(3) A solar energy system for producing electricity shall meet
11all applicable safety and performance standards established by the
12National Electrical Code, the Institute of Electrical and Electronics
13Engineers, and accredited testing laboratories such as Underwriters
14Laboratories and, where applicable, rules of the Public Utilities
15Commission regarding safety and reliability.
16(e) The following definitions apply to this section:
17(1) “A feasible method to satisfactorily mitigate or avoid the
18specific, adverse impact” includes, but is not limited to, any cost
19effective method, condition, or mitigation imposed by a city or
20county on another similarly situated application in a prior
21successful application for a permit. A city or county shall use its
22best efforts to ensure that the selected method, condition, or
23mitigation meets the conditions of subparagraphs (A) and (B) of
24paragraph (1) of subdivision (d) of Section 714 of the Civil Code.
25(2) “Solar energy system” has the meaning set forth in
26paragraphs (1) and (2) of subdivision (a) of Section 801.5 of the
28(3) A “specific, adverse impact” means a significant,
29quantifiable, direct, and unavoidable impact, based on objective,
30identified, and written public health or safety standards, policies,
31or conditions as they existed on the date the application was
Section 18080.5 of the Health and Safety Code is
34amended to read:
(a) A numbered report of sale, lease, or rental form
36issued by the department shall be submitted each time the following
37transactions occur by or through a dealer:
38(1) Whenever a manufactured home, mobilehome, or
39commercial coach previously registered pursuant to this part is
40sold, leased with an option to buy, or otherwise transferred.
P51 1(2) Whenever a manufactured home, mobilehome, or
2commercial coach not previously registered in this state is sold,
3rented, leased, leased with an option to buy, or otherwise
5(b) The numbered report of sale, lease, or rental forms shall be
6used and distributed in accordance with the following terms and
8(1) A copy of the form shall be delivered to the purchaser.
9(2) All fees and penalties due for the transaction that were
10required to be reported with the report of sale, lease, or rental form
11shall be paid to the department within 10 calendar days from the
12date the transaction is completed, as specified by subdivision (e).
13Penalties due for noncompliance with this paragraph shall be paid
14by the dealer. The dealer shall not charge the consumer for those
16(3) Notice of the registration or transfer of a manufactured home
17or mobilehome shall be reported pursuant to subdivision (d).
18(4) The original report of sale, lease, or rental form, together
19with all required documents to report the transaction or make
20application to register or transfer a manufactured home,
21mobilehome, or commercial coach, shall be forwarded to the
22department. Any application shall be submitted within 10 calendar
23days from the date the transaction was required to be reported, as
24defined by subdivision (e).
25(c) A manufactured home, mobilehome, or commercial coach
26displaying a copy of the report of sale, lease, or rental may be
27occupied without registration decals or registration card until the
28registration decals and registration card are received by the
30(d) In addition to the other requirements of this section, every
31dealer upon transferring by sale, lease, or otherwise any
32manufactured home or mobilehome shall, not later than the 10th
33calendar day thereafter, not counting the date of sale, give written
34notice of the transfer to the assessor of the county where the
35manufactured home or mobilehome is to be installed. The written
36notice shall be upon forms provided by the department containing
37any information that the department may require, after consultation
38with the assessors. Filing of a copy of the notice with the assessor
39in accordance with this section shall be in lieu of filing a change
P52 1of ownership statement pursuant to Sections 480 and 482 of the
2Revenue and Taxation Code.
3(e) Except for transactions subject to Section 18035.26, for
4purposes of this section, a transaction by or through a dealer shall
5be deemed completed and consummated and any fees and the
6required report of sale, lease, or rental are due when any of the
8(1) The purchaser of any commercial coach has signed a
9purchase contract or security agreement or paid any purchase price,
10the lessee of a new commercial coach has signed a lease agreement
11or lease with an option to buy or paid any purchase price, or the
12lessee of a used commercial coach has either signed a lease with
13an option to buy or paid any purchase price, and the purchaser or
14lessee has taken physical possession or delivery of the commercial
16(2) For sales subject to Section 18035, when all the amounts
17other than escrow fees and amounts for uninstalled or undelivered
18accessories are disbursed from the escrow account.
19(3) For sales subject to Section 18035.2, when the installation
20is complete and a certificate of occupancy is issued.
21(f) The department shall charge a fee, not to exceed forty-five
22dollars ($45), for processing the notice of disposal and any
23information required for completing the disposal process required
24pursuant to Sections 798.56a and 798.61 of the Civil Code.
25(g) Notwithstanding any other law, the Department of Housing
26and Community Development may adopt guidelines related to
27procedures and forms to implement the new disposal procedures
28in Chapter 376 of the Statutes of 2015, until regulations are adopted
29by the department to replace those guidelines.
Section 18935 of the Health and Safety Code is
31amended to read:
(a) Notice of proposed building standards shall be
33given and hearings shall be held by the adopting agencies, as
34required by the Administrative Procedure Act, prior to the adoption
35of the building standards and submission to the commission for
36approval. The notice of proposed building standards and the initial
37statement of reasons for the proposed building standards shall
38comply with Article 5 (commencing with Section 11346) of
39Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government
40Code. The adopting agency or state agency that proposes the
P53 1building standards shall submit the notice and initial statement of
2reasons for proposed building standards to the California Building
3Standards Commission, which shall review them for compliance
4with Article 5 (commencing with Section 11346) of Chapter 3.5
5of Part 1 of Division 3 of Title 2 of the Government Code. If the
6commission determines that the adopting agency or state agency
7that proposes the building standards has complied with Article 5
8(commencing with Section 11346) of Chapter 3.5 of Part 1 of
9Division 3 of Title 2 of the Government Code, the commission
10shall approve the notice and initial statement of reasons for
11proposed building standards, and submit the notice to the Office
12of Administrative Law for the sole purpose of inclusion in the
13California Regulatory Notice Register. The Office of
14Administrative Law shall publish only those notices of proposed
15building standards which have been approved by, and submitted
16to, the office by the California Building Standards Commission.
17(b) In order to ensure an absence of conflict between hearings
18and a maximum opportunity for interested parties to be heard, no
19hearings by adopting agencies shall be conducted unless the time
20 and place thereof has been approved in writing by the commission
21prior to public notices of the hearing being given by the adopting
23(c) If, after building standards are submitted to the commission
24for approval, the commission requires changes therein as a
25condition for approval, and the changes are made, no additional
26hearing by the affected state agency shall be required in connection
27with making the changes when the commission determines the
28changes are nonsubstantial, solely grammatical in nature, or are
29sufficiently related to the text submitted to the commission for
30approval that the public was adequately placed on notice that the
31change could result from the originally proposed building
Section 19990 of the Health and Safety Code is
34amended to read:
(a) Except as provided in Section 18930, the department
36shall adopt rules and regulations to interpret and make specific
37this part. The department shall adopt and submit building standards
38for approval pursuant to Chapter 4 (commencing with Section
3918935) of Part 2.5 of this division for the purposes described in
40this section. Standards adopted, amended, or repealed from time
P54 1to time by the department pursuant to this chapter shall include
2provisions imposing requirements reasonably consistent with
3recognized and accepted standards contained in the most recent
4editions of the following uniform industry codes as adopted or
5amended from time to time by the organizations specified:
6(1) The Uniform Housing Code of the
7of Building Officials.
8(2) The International Building Code of the International Code
10(3) The International Residential Code of the International Code
12(4) The Uniform Plumbing Code of the International Association
13of Plumbing and Mechanical Officials.
14(5) The Uniform Mechanical Code of the International
15Association of Plumbing and Mechanical Officials.
16(6) The National Electrical Code of the National Fire Protection
18(b) The department shall require every city and county to file
19with the department all wind pressure and snow load requirements
20in effect within their respective jurisdictions if these requirements
21differ from building standards published in the State Building
22Standards Code, on or before January 1 of each year. The
23department shall notify every manufacturer of factory-built housing
24of these requirements on or before March 1 of each year.
25(c) Except as provided in Section 18930, the department shall
26adopt other rules and regulations as it deems necessary to carry
27out this part. In promulgating these other rules and regulations the
28department shall consider any amendments to the model codes
29referred to in this section. In the event of any conflict with respect
30to factory-built housing between Part 1.5 (commencing with
31Section 17910) and this part, the requirements of this part shall
Section 50074 of the Health and Safety Code is
34amended to read:
“Housing sponsor,” for the purpose of housing assisted
36by the department, means any individual, joint venture, partnership,
37limited partnership, trust, corporation, limited equity housing
38cooperative, cooperative, local public entity, duly constituted
39governing body of an Indian reservation or rancheria, tribally
40designated housing entity, or other legal entity, or any combination
P55 1thereof, certified by the agency pursuant to rules and regulations
2of the agency as qualified to either own, construct, acquire, or
3rehabilitate a housing development, whether for profit, nonprofit,
4or organized for limited profit, and subject to the regulatory powers
5of the agency pursuant to rules and regulations of the agency and
6other terms and conditions set forth in this division. “Housing
7sponsor” includes persons and families of low or moderate income
8who are approved by the agency as eligible to own and occupy a
9housing development and individuals and legal entities receiving
10property improvement loans through the agency.
Section 50104.6.5 is added to the Health and Safety
12Code, to read:
“Tribally designated housing entity” means an entity
14as defined in Section 4103 of Title 25 of the United States Code.
15For the purposes of determining the eligibility of an applicant for
16funding under a program authorized by Part 2 (commencing with
17Section 50400), references to a local public entity, nonprofit
18corporation, nonprofit housing sponsor, or governing body of an
19Indian reservation or rancheria in any statute included in, or in any
20regulation promulgated to implement, Part 2 (commencing with
21Section 50400) shall be deemed to include a tribally designated
Chapter 4.7 (commencing with Section 50580) of
24Part 2 of Division 31 of the Health and Safety Code is repealed.
Section 50784.7 of the Health and Safety Code is
26amended to read:
(a) The department may make loans to resident
28organizations or qualified nonprofit sponsors from the Mobilehome
29Park Rehabilitation and Purchase Fund for the purpose of assisting
30lower income homeowners to do any of the following:
31(1) Make repairs to their mobilehomes.
32(2) Make accessibility-related upgrades to their mobilehomes.
33(3) Replace their mobilehomes.
34(b) Loans made pursuant to these provisions shall meet both of
35the following requirements:
36(1) The applicant entity has received a loan or loans
37to Section 50783, 50784, or 50784.5 for the purpose of assisting
38homeowners within a park proposed for acquisition or conversion.
39(2) The applicant entity demonstrates sufficient organizational
40stability and capacity to manage a portfolio of individual loans
P56 1over an extended time period. This capacity may be demonstrated
2by substantial successful experience performing similar activities
3or through other means acceptable to the department.
4(c) The department may adopt guidelines to implement this
(a) There is hereby created in the State Treasury the
9Emergency Housing and Assistance Fund. Notwithstanding Section
1013340 of the Government Code, all money in the fund is
11continuously appropriated to the department to carry out the
12purposes of this chapter. Any repayments, interest, or new
13appropriations shall be deposited in the fund, notwithstanding
14Section 16305.7 of the Government Code. Money in the fund shall
15not be subject to transfer to any other fund pursuant to any
16provision of Part 2 (commencing with Section 16300) of Division
174 of Title 2 of the Government Code, except to the Surplus Money
19(b) All moneys in the Emergency Housing and Assistance Fund,
20created pursuant to Section 50800.5 as it existed prior to the
21effective date of the act that adds this chapter, shall be transferred,
22on the effective date of the act that adds this chapter, to the
23Emergency Housing and Assistance Fund created by subdivision
25(c) The department may require the transfer of moneys in the
26Emergency Housing and Assistance Fund to the Surplus Money
27Investment Fund for investment pursuant to Article 4 (commencing
28with Section 16470) of Chapter 3 of Part 2 of Division 4 of Title
292 of the Government Code. All interest, dividends, and pecuniary
30gains from these investments shall accrue to the Emergency
31Housing and Assistance Fund, notwithstanding Section 16305.7
32of the Government Code.
33(d) To the extent funds are made available by the Legislature,
34moneys in the fund may be used for the purposes of Chapter 19
35(commencing with Section 50899.1) of Part 2 of Division 31 of
36the Health and Safety Code.