Amended in Assembly August 1, 2016

Amended in Assembly May 31, 2016

Amended in Senate March 28, 2016

Senate Bill No. 944

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

February 3, 2016

An act to amend Section 7044 of the Business and Professions Code, to amend Sections 798.56a, 798.61, 1952.7, 4270, 5300, and 5570 of, to amend and renumber Section 4750.10 of, and to add Chapter 2.5 (commencing with Section 1954.10) to Title 5 of Part 4 of Division 3 of, the Civil Code, to amend Sections 12955.9, 65584.01, and 65863.10 of the Government Code, and to amend Sections 17913, 17922, 17922.3, 17958.1, 17959.1, 18080.5, 18935, 19990, 50074, begin delete and 50784.7 of, end delete begin insert 50784.7, and 50800.5 of, end insert to add Section 50104.6.5 to, to repeal Sections 17921.3 and 17921.9 of, and to repeal Chapter 4.7 (commencing with Section 50580) of Part 2 of Division 31 of, the Health and Safety Code, relating to housing, and making an appropriation therefor.

LEGISLATIVE COUNSEL’S DIGEST

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.

begin insert

(17) Existing law requires the Department of Housing and Community Development to administer the Emergency Housing and Assistance Program. Under the program, moneys from the continuously appropriated Emergency Housing and Assistance Fund are available for the purposes of providing shelter, as specified, to homeless persons at as low a cost and as quickly as possible, without compromising the health and safety of shelter occupants, to encourage the move of homeless persons from shelters to a self-supporting environment as soon as possible, to encourage provision of services for as many persons at risk of homelessness as possible, to encourage compatible and effective funding of homeless services, and to encourage coordination among public agencies that fund or provide services to homeless individuals, as well as agencies that discharge people from their institutions.

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The Housing and Emergency Shelter Trust Fund Acts of 2002 and 2006, enacted as Proposition 46 at the November 5, 2002, statewide general election and Proposition 1C at the November 7, 2006, statewide general election, respectively, authorized the issuance of bonds pursuant to the State General Obligation Bond Law to fund various housing programs administered by the department, including the Multifamily Housing Program. Under the acts, specified amounts of funds are transferred to the Emergency Housing and Assistance Fund to be distributed in the form of capital development grants under the Emergency Housing and Assistance Program and for supportive housing.

end insert begin insert

This bill would authorize the department to transfer any unobligated Proposition 46 and Proposition 1C bond funds in the Emergency Housing and Assistance Fund to the Housing Rehabilitation Loan Fund, less any funds needed for state operations to support outstanding awards as determined by the Department of Housing and Community Development, to be expended for the Multifamily Housing Program for supportive housing for a specified target population.

end insert begin insert

By authorizing additional moneys to be transferred to a continuously appropriated fund, this bill would make an appropriation.

end insert

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 1.  

Section 7044 of the Business and Professions
Code is amended to read:

7044.  

(a) This chapter does not apply to any of the following:

(1) An owner who builds or improves a structure on his or her
property, provided that both of the following conditions are met:

(A) None of the improvements are intended or offered for sale.

(B) The property owner personally performs all of the work or
any work not performed by the owner is performed by the owner’s
employees with wages as their sole compensation.

(2) An owner who builds or improves a structure on his or her
property, provided that both of the following conditions are met:

(A) The owner directly contracts with licensees who are duly
licensed to contract for the work of the respective trades involved
in completing the project.

(B) For projects involving single-family residential structures,
no more than four of these structures are intended or offered for
sale in a calendar year. This subparagraph shall not apply if the
owner contracts with a general contractor for the construction.

(3) A homeowner improving his or her principal place of
residence or appurtenances thereto, provided that all of the
following conditions exist:

(A) The work is performed prior to sale.

(B) The homeowner has actually resided in the residence for
the 12 months prior to completion of the work.

(C) The homeowner has not availed himself or herself of the
exemption in this paragraph on more than two structures more
than once during any three-year period.

(4) A nonprofit corporation providing assistance to an
owner-builder, as defined in subdivision (a) of Section 50692 of
the Health and Safety Code, who is participating in a mutual
self-help housing program, as defined in Section 50078 of the
Health and Safety Code.

(b) In all actions brought under this chapter, both of the
following shall apply:

(1) Except as provided in paragraph (2), proof of the sale or
offering for sale of a structure by or for the owner-builder within
one year after completion of the structure constitutes a rebuttable
presumption affecting the burden of proof that the structure was
undertaken for purposes of sale.

(2) Proof of the sale or offering for sale of five or more
structures by the owner-builder within one year after completion
constitutes a conclusive presumption that the structures were
undertaken for purposes of sale.

SEC. 2.  

Section 798.56a of the Civil Code is amended to read:

798.56a.  

(a) Within 60 days after receipt of, or no later than
65 days after the mailing of, the notice of termination of tenancy
pursuant to any reason provided in Section 798.56, the legal owner,
if any, and each junior lienholder, if any, shall notify the
management in writing of at least one of the following:

(1) Its offer to sell the obligation secured by the mobilehome
to the management for the amount specified in its written offer.
In that event, the management shall have 15 days following receipt
of the offer to accept or reject the offer in writing. If the offer is
rejected, the person or entity that made the offer shall have 10 days
in which to exercise one of the other options contained in this
section and shall notify management in writing of its choice.

(2) Its intention to foreclose on its security interest in the
mobilehome.

(3) Its request that the management pursue the termination of
tenancy against the homeowner and its offer to reimburse
management for the reasonable attorney’s fees and court costs
incurred by the management in that action. If this request and offer
are made, the legal owner, if any, or junior lienholder, if any, shall
reimburse the management the amount of reasonable attorney’s
fees and court costs, as agreed upon by the management and the
legal owner or junior lienholder, incurred by the management in
an action to terminate the homeowner’s tenancy, on or before the
earlier of (A) the 60th calendar day following receipt of written
notice from the management of the aggregate amount of those
reasonable attorney’s fees and costs or (B) the date the mobilehome
is resold.

(b) A legal owner, if any, or junior lienholder, if any, may sell
the mobilehome within the park to a third party and keep the
mobilehome on the site within the mobilehome park until it is
resold only if all of the following requirements are met:

(1) The legal owner, if any, or junior lienholder, if any, notifies
management in writing of the intention to exercise either option
described in paragraph (2) or (3) of subdivision (a) within 60 days
following receipt of, or no later than 65 days after the mailing of,
the notice of termination of tenancy and satisfies all of the
responsibilities and liabilities of the homeowner owing to the
management for the 90 days preceding the mailing of the notice
of termination of tenancy and then continues to satisfy these
responsibilities and liabilities as they accrue from the date of the
mailing of that notice until the date the mobilehome is resold.

(2) Within 60 days following receipt of, or no later than 65 days
after the mailing of, the notice of termination of tenancy, the legal
owner or junior lienholder commences all repairs and necessary
corrective actions so that the mobilehome complies with park rules
and regulations in existence at the time the notice of termination
of tenancy was given as well as the health and safety standards
specified in Sections 18550, 18552, and 18605 of the Health and
Safety Code, and completes these repairs and corrective actions
within 90 calendar days of that notice, or before the date that the
mobilehome is sold, whichever is earlier.

(3) The legal owner, if any, or junior lienholder, if any, complies
with the requirements of Article 7 (commencing with Section
798.70) as it relates to the transfer of the mobilehome to a third
party.

(c) For purposes of subdivision (b), the “homeowner’s
responsibilities and liabilities” means all rents, utilities, reasonable
maintenance charges of the mobilehome and its premises, and
reasonable maintenance of the mobilehome and its premises
pursuant to existing park rules and regulations.

(d) If the homeowner files for bankruptcy, the periods set forth
in this section are tolled until the mobilehome is released from
bankruptcy.

(e) (1) Notwithstanding any other provision of law, including,
but not limited to, Section 18099.5 of the Health and Safety Code,
if neither the legal owner nor a junior lienholder notifies the
management of its decision pursuant to subdivision (a) within the
period allowed, or performs as agreed within 30 days, or if a
registered owner of a mobilehome, that is not encumbered by a
lien held by a legal owner or a junior lienholder, fails to comply
with a notice of termination and is either legally evicted or vacates
the premises, the management may either remove the mobilehome
from the premises and place it in storage or store it on its site. In
this case, notwithstanding any other provision of law, the
management shall have a warehouse lien in accordance with
Section 7209 of the Commercial Code against the mobilehome for
the costs of dismantling and moving, if appropriate, as well as
storage, that shall be superior to all other liens, except the lien
provided for in Section 18116.1 of the Health and Safety Code,
and may enforce the lien pursuant to Section 7210 of the
Commercial Code either after the date of judgment in an unlawful
detainer action or after the date the mobilehome is physically
vacated by the resident, whichever occurs earlier. Upon completion
of any sale to enforce the warehouse lien in accordance with
Section 7210 of the Commercial Code, the management shall
provide the purchaser at the sale with evidence of the sale, as shall
be specified by the Department of Housing and Community
Development, that shall, upon proper request by the purchaser of
the mobilehome, register title to the mobilehome to this purchaser,
whether or not there existed a legal owner or junior lienholder on
this title to the mobilehome.

(2) (A) Notwithstanding any other law, if the management of
a mobilehome park acquires a mobilehome after enforcing the
warehouse lien and files a notice of disposal pursuant to
subparagraph (B) with the Department of Housing and Community
Development to designate the mobilehome for disposal,
management or any other person enforcing this warehouse lien
shall not be required to pay past or current vehicle license fees
required by Section 18115 of the Health and Safety Code or obtain
a tax clearance certificate, as set forth in Section 5832 of the
Revenue and Taxation Code, provided that management notifies
the county tax collector in the county in which the mobilehome is
located of management’s intent to apply to have the mobilehome
designated for disposal after a warehouse lien sale. The written
notice shall be sent to the county tax collector no less than 30 days
after the date of the sale to enforce the lien against the mobilehome
by first class mail, postage prepaid.

(B) (i) In order to dispose of a mobilehome after a warehouse
lien sale, the management shall file a notice of disposal with the
Department of Housing and Community Development in the form
and manner as prescribed by the department, no less than 30 days
after the date of sale to enforce the lien against the mobilehome.

(ii) After filing a notice of disposal pursuant to clause (i), the
management may dispose of the mobilehome after obtaining the
information required by applicable laws.

(C) (i) Within 30 days of the date of the disposal of the
mobilehome, the management shall submit to the Department of
Housing and Community Development all of the following
information required for completing the disposal process:

(I) Photographs identifying and demonstrating that the
mobilehome was uninhabitable by the removal or destruction of
all appliances and fixtures such as ovens, stoves, bathroom fixtures,
and heating or cooling appliances prior to its being moved.

(II) A statement of facts as to the condition of the mobilehome
when moved, the date it was moved, and the anticipated site of
further dismantling or disposal.

(III) The name, address, and license number of the person or
entity removing the mobilehome from the mobilehome park.

(ii) The information required pursuant to clause (i) shall be
submitted under penalty of perjury.

(D) For purposes of this paragraph, “dispose” or “disposal”
shall mean the removal and destruction of an abandoned
mobilehome from a mobilehome park, thus making it unusable
for any purpose and not subject to, or eligible for, use in the future
as a mobilehome.

(f) All written notices required by this section, except the notice
in paragraph (2) of subdivision (e), shall be sent to the other party
by certified or registered mail with return receipt requested.

(g) Satisfaction, pursuant to this section, of the homeowner’s
accrued or accruing responsibilities and liabilities shall not cure
the default of the homeowner.

SEC. 3.  

Section 798.61 of the Civil Code is amended to read:

798.61.  

(a) (1) As used in this section, “abandoned
mobilehome” means a mobilehome about which all of the
following are true:

(A) It is located in a mobilehome park on a site for which no
rent has been paid to the management for the preceding 60 days.

(B) It is unoccupied.

(C) A reasonable person would believe it to be abandoned.

(D) It is not permanently affixed to the land.

(2) As used in this section:

(A) “Mobilehome” shall include a trailer coach, as defined in
Section 635 of the Vehicle Code, or a recreational vehicle, as
defined in Section 18010 of the Health and Safety Code, if the
trailer coach or recreational vehicle also satisfies the requirements
of paragraph (1), including being located on any site within a
mobilehome park, even if the site is in a separate designated section
pursuant to Section 18215 of the Health and Safety Code.

(B) “Abandoned mobilehome” shall include a mobilehome that
is uninhabitable because of its total or partial destruction that
cannot be rehabilitated, if the mobilehome also satisfies the
requirements of paragraph (1).

(C) “Dispose” or “disposal” shall mean the removal and
destruction of an abandoned mobilehome from a mobilehome park,
thus making it unusable for any purpose and not subject to, or
eligible for, use in the future as a mobilehome.

(b) After determining a mobilehome in a mobilehome park to
be an abandoned mobilehome, the management shall post a notice
of belief of abandonment on the mobilehome for not less than 30
days, and shall deposit copies of the notice in the United States
mail, postage prepaid, addressed to the homeowner at the last
known address and to any known registered owner, if different
from the homeowner, and to any known holder of a security interest
in the abandoned mobilehome. This notice shall be mailed by
registered or certified mail with a return receipt requested.

(c) (1) Thirty or more days following posting pursuant to
subdivision (b), the management may file a petition in the superior
court in the county in which the mobilehome park is located, for
a judicial declaration of abandonment of the mobilehome. A
proceeding under this subdivision is a limited civil case. Copies
of the petition shall be served upon the homeowner, any known
registered owner, and any known person having a lien or security
interest of record in the mobilehome by posting a copy on the
mobilehome and mailing copies to those persons at their last known
addresses by registered or certified mail with a return receipt
requested in the United States mail, postage prepaid.

(2) To dispose of an abandoned mobilehome pursuant to
subdivision (f), the management shall also do all of the following:

(A) Declare in the petition that the management will dispose of
the abandoned mobilehome, and therefore will not seek a tax
clearance certificate as set forth in Section 5832 of the Revenue
and Taxation Code.

(B) Declare in the petition whether the management intends to
sell the contents of the abandoned mobilehome before its disposal.

(C) Notify the county tax collector in the county in which the
mobilehome park is located of the declaration that management
will dispose of the abandoned mobilehome by sending a copy of
the petition by first class mail.

(D) Declare in the petition that management intends to file a
notice of disposal with the Department of Housing and Community
Development and complete the disposal process consistent with
the requirements of subdivision (f).

(d) (1) Hearing on the petition shall be given precedence over
other matters on the court’s calendar.

(2) If, at the hearing, the petitioner shows by a preponderance
of the evidence that the criteria for an abandoned mobilehome has
been satisfied and no party establishes an interest therein at the
hearing and tenders all past due rent and other charges, the court
shall enter a judgment of abandonment, determine the amount of
charges to which the petitioner is entitled, and award attorney’s
fees and costs to the petitioner. For purposes of this subdivision,
an interest in the mobilehome shall be established by evidence of
a right to possession of the mobilehome or a security or ownership
interest in the mobilehome.

(3) A default may be entered by the court clerk upon request of
the petitioner, and a default judgment shall be thereupon entered,
if no responsive pleading is filed within 15 days after service of
the petition by mail.

(e) To sell an abandoned mobilehome, the management shall
do all of the following:

(1) (A) Within 10 days following a judgment of abandonment,
the management shall enter the abandoned mobilehome and
complete an inventory of the contents and submit the inventory to
the court.

(B) During this period the management shall post and mail a
notice of intent to sell the abandoned mobilehome and its contents
under this section, and announcing the date of sale, in the same
manner as provided for the notice of determination of abandonment
under subdivision (b). The management shall also provide notice
to the county tax collector in the county in which the mobilehome
park is located.

(C) At any time prior to the sale of an abandoned mobilehome
or its contents under this section, any person having a right to
possession of the abandoned mobilehome may recover and remove
it from the premises upon payment to the management of all rent
or other charges due, including reasonable costs of storage and
other costs awarded by the court. Upon receipt of this payment
and removal of the abandoned mobilehome from the premises
pursuant to this paragraph, the management shall immediately file
an acknowledgment of satisfaction of judgment pursuant to Section
724.030 of the Code of Civil Procedure.

(2) Following the judgment of abandonment, but not less than
10 days following the notice of sale specified in paragraph (1), the
management may conduct a public sale of the abandoned
mobilehome, its contents, or both. The management may bid at
the sale and shall have the right to offset its bids to the extent of
the total amount due it under this section. The proceeds of the sale
shall be retained by the management, but any unclaimed amount
thus retained over and above the amount to which the management
is entitled under this section shall be deemed abandoned property
and shall be paid into the treasury of the county in which the sale
took place within 30 days of the date of the sale. The former
homeowner or any other owner may claim any or all of that
unclaimed amount within one year from the date of payment to
the county by making application to the county treasurer or other
official designated by the county. If the county pays any or all of
that unclaimed amount to a claimant, neither the county nor any
officer or employee of the county is liable to any other claimant
as to the amount paid.

(3) Within 30 days of the date of the sale, the management shall
submit to the court an accounting of the moneys received from the
sale and the disposition of the money and the items contained in
the inventory submitted to the court pursuant to paragraph (1).

(4) The management shall provide the purchaser at the sale of
an abandoned mobilehome with a copy of the judgment of
abandonment and evidence of the sale, as shall be specified by the
Department of Housing and Community Development, which shall
register title in the abandoned mobilehome to the purchaser upon
presentation thereof within 20 days of purchase. The sale shall
pass title to the purchaser free of any prior interest, including any
security interest or lien, except the lien provided for in Section
18116.1 of the Health and Safety Code, in the abandoned
mobilehome.

(f) To dispose of an abandoned mobilehome, the management
shall do all of the following:

(1) (A) Within 10 days following a judgment of abandonment,
the management shall enter the abandoned mobilehome and
complete an inventory of the contents and submit the inventory to
the court.

(B) Within 10 days following a judgment of abandonment, the
management shall post and mail a notice of intent to dispose of
the abandoned mobilehome and its contents under this section,
and announcing the date of disposal, in the same manner as
provided for the notice of determination of abandonment under
subdivision (b). The management shall also provide notice to the
county tax collector in the county in which the mobilehome park
is located.

(C) (i) Within 30 days following a judgment of abandonment,
the management shall file a notice of disposal with the Department
of Housing and Community Development in the form and manner
as prescribed by the department.

(ii) Notwithstanding any other law, when filing a notice of
disposal pursuant to clause (i), the management shall not be
required to pay past or current vehicle license fees required by
Section 18115 of the Health and Safety Code or obtain a tax
clearance certificated as set forth in Section 5832 of the Revenue
and Taxation Code, provided that the management notifies the
county tax collector in the county in which the mobilehome is
located of the management’s intent to apply to have the
mobilehome designated for disposal pursuant to this subdivision.
The written notice shall be sent to the county tax collector no less
than 10 days after the date of the abandonment judgment by first
class mail, postage prepaid.

(D) At any time prior to the disposal of an abandoned
mobilehome or its contents under this section, any person having
a right to possession of the abandoned mobilehome may recover
and remove it from the premises upon payment to the management
of all rent or other charges due, including reasonable costs of
storage and other costs awarded by the court. Upon receipt of this
payment and removal of the abandoned mobilehome from the
premises pursuant to this subparagraph, the management shall
immediately file an acknowledgment of satisfaction of judgment
pursuant to Section 724.030 of the Code of Civil Procedure and a
cancellation of the notice of disposal with the Department of
Housing and Community Development.

(2) Following the judgment of abandonment and approval of
the notice of disposal by the Department of Housing and
Community Development, but not less than 10 days following the
notice of disposal specified in paragraph (1), the management may
dispose of the abandoned mobilehome after obtaining the
information required in subparagraph (A) of paragraph (3).

(3) (A) Within 30 days of the date of the disposal of an
abandoned mobilehome and its contents, the management shall
do both of the following:

(i) Submit to the court and the county tax collector in the county
in which the mobilehome park is located a statement that the
abandoned mobilehome and its contents were disposed with
supporting documentation.

(ii) (I) Submit to the Department of Housing and Community
Development all of the following information required for
completing the disposal process:

(ia) Photographs identifying and demonstrating that the
mobilehome was uninhabitable by the removal or destruction of
all appliances and fixtures such as ovens, stoves, bathroom fixtures,
and heating or cooling appliances prior to its being moved.

(ib) A statement of facts as to the condition of the mobilehome
when moved, the date it was moved, and the anticipated site of
further dismantling or disposal.

(ic) The name, address, and license number of the person or
entity removing the mobilehome from the mobilehome park.

(II) The information required pursuant to subclause (I) shall be
submitted under penalty of perjury.

(B) Within 30 days of the date of the disposal of an abandoned
mobilehome or the date of the sale of its contents, whichever date
is later, the management shall submit to the court and the county
tax collector in the county in which the mobilehome park is located
an accounting of the moneys received from the sale and the
disposition of the money and the items contained in the inventory
submitted to the court pursuant to paragraph (1) and a statement
that the abandoned mobilehome was disposed with supporting
documentation.

(g) Notwithstanding any other law, the management shall not
be required to obtain a tax clearance certificate, as set forth in
Section 5832 of the Revenue and Taxation Code, to dispose of an
abandoned mobilehome and its contents pursuant to subdivision
(f). However, any sale pursuant to this section shall be subject to
the registration requirements of Section 18100.5 of the Health and
Safety Code and the tax clearance certificate requirements of
Section 18092.7 of the Health and Safety Code.

(h) Notwithstanding any other law, forms and procedures made
available for the implementation of Chapter 376 of the Statutes of
2015 shall not be subject to Chapter 4.5 (commencing with Section
11400) of Part 1 of Division 3 of Title 2 of the Government Code.

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 1952.7 of the end insert begin insert Civil Code end insert begin insert is amended to read: end insert

1952.7.  

(a) (1) Any term in a lease that is executed, renewed,
or extended on or after January 1, 2015, that conveys any
possessory interest in commercial property that either prohibits or
unreasonably restricts the installation or use of an electric vehicle
charging station in a parking space associated with the commercial
property, or that is otherwise in conflict with the provisions of this
section, is void and unenforceable.

(2) This subdivision does not apply to provisions that impose
reasonable restrictions on the installation of electric vehicle
charging stations. However, it is the policy of the state to promote,
encourage, and remove obstacles to the use of electric vehicle
charging stations.

(3) This subdivision shall not grant the holder of a possessory
interest under the lease described in paragraph (1) the right to
install electric vehicle charging stations in more parking spaces
than are allotted to the leaseholder in his or her lease, or, if no
parking spaces are allotted, a number of parking spaces determined
by multiplying the total number of parking spaces located at the
commercial property by a fraction, the denominator of which is
the total rentable square feet at the property, and the numerator of
which is the number of total square feet rented by the leaseholder.

(4) If the installation of an electric vehicle charging station has
the effect of granting the leaseholder a reserved parking space and
a reserved parking space is not allotted to the leaseholder in the
lease, the owner of the commercial property may charge a
reasonable monthly rental amount for the parking space.

(b) This section shall not apply to any of the following:

(1) A commercial property where charging stations already exist
for use by tenants in a ratio that is equal to or greater than 2
available parking spaces for every 100 parking spaces at the
commercial property.

(2) A commercial property where there are less than 50 parking
spaces.

(c) For purposes of this section:

(1) “Electric vehicle charging station” or “charging station”
means a station that is designed in compliance with Article 625 of
the California Electrical Code, as it reads on the effective date of
this section, and delivers electricity from a source outside an
electric vehicle into one or more electric vehicles.

(2) “Reasonable costs” includes, but is not limited to, costs
associated with those items specified in the “Permitting Checklist”
of the “Zero-Emission Vehicles in California: Community
Readiness Guidebook” published by the Office of Planning and
Research.

(3) “Reasonable restrictions” or “reasonable standards” are
restrictions or standards that do not significantly increase the cost
of the electric vehicle charging station or its installation or
significantly decrease the charging station’s efficiency or specified
performance.

(d) An electric vehicle charging station shall meet applicable
health and safety standards and requirements imposed by state and
local authorities as well as all other applicable zoning, land use,
or other ordinances, or land use permit requirements.

(e) If lessor approval is required for the installation or use of an
electric vehicle charging station, the application for approval shall
not be willfully avoided or delayed. The approval or denial of an
application shall be in writing.

(f) An electric vehicle charging station installed by a lessee shall
satisfy the following provisions:

(1) If lessor approval is required, the lessee first shall obtain
approval from the lessor to install the electric vehicle charging
station and the lessor shall approve the installation if the lessee
complies with the applicable provisions of the lease consistent
with the provisions of this section and agrees in writing to do all
of the following:

(A) Comply with the lessor’s reasonable standards for the
installation of the charging station.

(B) Engage a licensed contractor to install the charging station.

(C) Within 14 days of approval, provide a certificate of
insurance that names the lessor as an additional insured under the
lessee’s insurance policy in the amount set forth in paragraph (3).

(2) The lessee shall be responsible for all of the following:

(A) Costs for damage to property and the charging station
resulting from the installation, maintenance, repair, removal, or
replacement of the charging station.

(B) Costs for the maintenance, repair, and replacement of the
charging station.

(C) The cost of electricity associated with the charging station.

(3) The lessee at all times, shall maintain a lessee liability
coverage policy in the amount of one million dollars ($1,000,000),
and shall name the lessor as a named additional insured under the
policy with a right to notice of cancellation and property insurance
covering any damage or destruction caused by the charging station,
naming the lessor as its interests may appear.

(g) A lessor may, in its sole discretion, create a new parking
space where one did not previously exist to facilitate the installation
of an electric vehicle charging station, in compliance with all
applicable laws.

(h) Any installation by a lessor or a lessee of an electric vehicle
charging station in a common interest development is also subject
to all of the requirements of subdivision (f) of Section 4745.

begin delete SEC. 4. end delete

begin insert SEC. 5. end insert   

Chapter 2.5 (commencing with Section 1954.10) is
added to Title 5 of Part 4 of Division 3 of the Civil Code, to read:

 

Chapter  2.5. Transitional Housing Participant
Misconduct

 

Article 1.  General Provisions and Definitions

 

1954.10.  

This chapter shall be known and may be cited as the
Transitional Housing Participant Misconduct Act.

1954.11.  

In enacting this chapter, it is the intent of the
Legislature to prevent the recurrence of acts of substantial
disruption or violence by participants in transitional housing
programs against other such participants, program staff, or
immediate neighbors of the participants.

1954.12.  

The following definitions shall govern the
construction of this chapter:

(a) “Abuse” means intentionally or recklessly causing or
attempting to cause bodily injury, or sexual assault or placing
another person in reasonable apprehension of imminent serious
bodily injury to himself, herself, or another, where the injured
person is another participant, program operator’s staff, or a person
residing within 100 feet of the program site.

(b) “Homeless person” means an individual or family who, prior
to participation in a transitional housing program, either lacked a
fixed, regular, and adequate nighttime residence or had a primary
nighttime residence, that was one of the following:

(1) A supervised publicly or privately operated shelter designed
to provide temporary living accommodations, including, but not
limited to, welfare hotels, congregate shelters, and transitional
housing for the mentally ill.

(2) An institution that provides a temporary residence for
individuals intended to be institutionalized.

(3) A public or private place not designed for, or ordinarily used
as, a regular sleeping accommodation for human beings.

(c) “Participant” means a homeless person under contract with
a program operator to participate in a transitional housing program
and to use a dwelling unit in the program site. For the purposes of
naming a defendant under this part, or a person to be protected
under this part, “participant” shall include a person living with a
participant at the program site. The contract shall specifically
include the transitional housing program rules and regulations, a
statement of the program operator’s right of control over and access
to the program unit occupied by the participant, and a restatement
of the requirements and procedures of this chapter.

(d) “Program misconduct” means any intentional violation of
the transitional housing program rules and regulations which (1)
substantially interferes with the orderly operation of the transitional
housing program, and (2) relates to drunkenness on the program
site, unlawful use or sale of controlled substances, theft, arson, or
destruction of the property of the program operator, persons living
within 100 feet of the program site, program employees, or other
participants, or (3) relates to violence or threats of violence, and
harassment of persons living within 100 feet of the program site,
program employees, or of other participants.

(e) “Program operator” means a governmental agency, or private
nonprofit corporation receiving any portion of its transitional
housing program funds from a governmental agency, which is
operating a transitional housing program. “Program operator” also
includes any other manager or operator hired by a governmental
agency or nonprofit corporation to operate its transitional housing
program.

(f) “Program site” means the real property containing a dwelling
unit, the use of which is granted to a participant, and other locations
where program activities or services are carried out or provided,
subject to the participant’s compliance with the transitional housing
program rules and regulations.

(g) “Transitional housing program” means any program which
is designed to assist homeless persons in obtaining skills necessary
for independent living in permanent housing and which has all of
the following components:

(1) Comprehensive social service programs which include
regular individualized case management services and which may
include alcohol and drug abuse counseling, self-improvement
education, employment and training assistance services, and
independent living skills development.

(2) Use of a program unit as a temporary housing unit in a
structured living environment which use is conditioned upon
compliance with the transitional housing program rules and
regulations.

(3) A rule or regulation which specifies an occupancy period
of not less than 30 days, but not more than 24 months.

 

Article 2.  Temporary Restraining Order and Injunction

 

1954.13.  

(a) The program operator may seek, on its own behalf
or on behalf of other participants, project employees, or persons
residing within 100 feet of the program site, a temporary restraining
order and an injunction prohibiting abuse or program misconduct
as provided in this chapter. A program operator may not seek a
temporary restraining order, pursuant to this section, against a
participant after the participant has been under contract with the
program operator for at least six months or longer, except when
an action is pending against the participant or a temporary
restraining order is in effect and subject to further orders. Nothing
in this section shall be construed to authorize a person residing
within 100 feet of the program site to seek a temporary restraining
order or injunction under this chapter.

(b) Upon filing a petition for an injunction under this chapter,
the program operator may obtain a temporary restraining order in
accordance with the provisions of this section. No temporary
restraining order shall be issued without notice to the opposite
party, unless it shall appear from the facts shown by the affidavit
that great or irreparable harm would result to the program operator,
a program participant, or an individual residing within 100 feet of
the program site before the matter can be heard on notice. The
program operator or the program operator’s attorney shall state in
an affidavit to the court (1) that within a reasonable time prior to
the application for a temporary restraining order he or she informed
the opposing party or his or her attorney at what time and where
the application would be made, (2) that he or she in good faith
attempted to so inform the opposing party and his or her attorney
but was unable to so inform the opposing attorney or his or her
party, specifying the efforts made to contact them, or (3) that for
reasons specified he or she should not be required to inform the
opposing party or his or her attorney.

A temporary restraining order may be granted upon an affidavit
which, to the satisfaction of the court, shows reasonable proof of
program misconduct or abuse by the participant, and that great or
irreparable harm would result. A temporary restraining order
granted under this section shall remain in effect, at the court’s
discretion, for a period not to exceed five days, unless otherwise
modified, extended, or terminated by the court.

(c) The matter shall be made returnable on an order requiring
cause to be shown why the injunction should not be granted, not
later than five days from the date of the order. When the matter
comes up for hearing, the party who obtained the temporary
restraining order shall be ready to proceed and shall have personally
served upon the opposite party at least two days prior to the
hearing, a copy of the petition, a copy of the temporary restraining
order, if any, the notice of hearing, copies of all affidavits to be
used in the application, and a copy of any points and authorities
in support of the petition. If the party who obtained the temporary
restraining order is not ready, or if he or she fails to serve a copy
of his or her petition, affidavits, and points and authorities, as
herein required, the court shall dissolve the temporary restraining
order. The court may, upon the filing of an affidavit by the program
operator or his or her attorney, that the participant could not be
served on time, reissue any temporary restraining order previously
issued pursuant to this section and dissolved by the court for failure
to serve the participant. An order reissued under this section shall
state on its face the new date of expiration of the order. No fees
shall be charged for the reissuance of any order under this section.
The participant shall be entitled to a continuance, provided that
the request is made on or before the hearing date and the hearing
shall be set for a date within 15 days of the application, unless the
participant requests a later date. The court may extend, or modify
and extend, any temporary restraining order until the date and time
upon which the hearing is held. The participant may file a response
which explains, excuses, justifies, or denies the alleged conduct.
No fee shall be charged for the filing of a response. At the hearing,
the judge shall receive any testimony or evidence that is relevant,
and may make an independent inquiry. If the judge finds by clear
and convincing evidence that program misconduct or abuse exists,
an injunction shall issue prohibiting that conduct. An injunction
issued pursuant to this section shall have a duration of not more
than one year. At any time within the three months before the
expiration of the injunction, the program operator may apply for
renewal of the injunction by filing a new petition for an injunction
under this section.

(d) In addition to orders restraining abuse, the court may, upon
clear and convincing evidence of abuse, issue an order excluding
the participant from the program site, or restraining the participant
from coming within 200 feet of the program site, upon an affidavit
which, to the satisfaction of the court, shows clear and convincing
evidence of abuse of a project employee, another participant, or a
person who resides within 100 feet of the program site, by the
participant and that great or irreparable injury would result to one
of these individuals if the order is not issued. An order excluding
the participant from the program site may be included in the
temporary restraining order only in an emergency where it is
necessary to protect another participant, a project employee, or an
individual who lives within 100 feet of the project site from
imminent serious bodily injury.

(e) Nothing in this chapter shall preclude either party from
representation by private counsel or from appearing on his or her
own behalf.

(f) The notice of hearing specified in subdivision (c) shall
contain on its face the name and phone number of an office funded
by the federal Legal Services Corporation which provides legal
services to low-income persons in the county in which the action
is filed. The notice shall indicate that this number may be called
for legal advice concerning the filing of a response to the petition.

(g) Nothing in this chapter shall preclude the program operator’s
right to utilize other existing civil remedies. An order issued under
this section shall not affect the rights of anyone not named in the
order.

1954.14.  

(a) The clerk shall transmit a copy of each temporary
restraining order or injunction or modification or termination
thereof, granted under this chapter, by the close of the business
day on which the order was granted, to the law enforcement
agencies having jurisdiction over the program site. Each law
enforcement agency may make available information as to the
existence and current status of these orders to law enforcement
officers responding to the scene of reported abuse or program
misconduct.

(b) Any willful disobedience of any temporary restraining order
or injunction granted under this section shall be a misdemeanor
pursuant to Section 166 of the Penal Code.

(c) If a participant is found in contempt of a court order issued
pursuant to this section, the court may, in addition to any other
punishment, modify the order to exclude the participant from the
program site.

1954.15.  

If a participant has violated an order issued under
Section 1954.13, the participant shall be considered to have failed
to perform the conditions of the agreement under which the
property is held as provided in subsection 3 of Section 1161 of the
Code of Civil Procedure, which conditions cannot afterward be
performed.

1954.16.  

The Judicial Council shall promulgate forms and
related instructions to implement the procedures required by this
chapter. The petition and response forms shall be simple and
concise.

 

Article 3.  Recovery of Dwelling

 

1954.17.  

If, after hearing pursuant to this chapter, an order
excluding the participant from the program site is issued, the
program operator may, without further notice, take possession of
the participant’s dwelling unit on the program site. The program
operator shall have the same rights to the dwelling unit as if it had
been recovered after abandonment in accordance with Section
1951.3 and without objection of the participant. If other
participants, including the defendant participant’s family members,
reside in the dwelling unit, the abandonment shall be deemed only
to affect the rights of the individual or individuals against whom
the order was issued.

1954.18.  

If the program operator takes possession of the
property, pursuant to this article, the program operator shall give
the subject participant a reasonable opportunity to remove the
participant’s property from his or her dwelling unit on the program
site, and, thereafter, the program operator may consider the
remaining subject participant’s property to be abandoned property
pursuant to Chapter 5 (commencing with Section 1980).

begin delete

SEC. 5.  

Section 1952.7 of the Civil Code is amended to read:

1952.7.  

(a) (1) Any term in a lease that is executed, renewed,
or extended on or after January 1, 2015, that conveys any
possessory interest in commercial property that either prohibits or
unreasonably restricts the installation or use of an electric vehicle
charging station in a parking space associated with the commercial
property, or that is otherwise in conflict with the provisions of this
section, is void and unenforceable.

(2) This subdivision does not apply to provisions that impose
reasonable restrictions on the installation of electric vehicle
charging stations. However, it is the policy of the state to promote,
encourage, and remove obstacles to the use of electric vehicle
charging stations.

(3) This subdivision shall not grant the holder of a possessory
interest under the lease described in paragraph (1) the right to
install electric vehicle charging stations in more parking spaces
than are allotted to the leaseholder in his or her lease, or, if no
parking spaces are allotted, a number of parking spaces determined
by multiplying the total number of parking spaces located at the
commercial property by a fraction, the denominator of which is
the total rentable square feet at the property, and the numerator of
which is the number of total square feet rented by the leaseholder.

(4) If the installation of an electric vehicle charging station has
the effect of granting the leaseholder a reserved parking space and
a reserved parking space is not allotted to the leaseholder in the
lease, the owner of the commercial property may charge a
reasonable monthly rental amount for the parking space.

(b) This section shall not apply to any of the following:

(1) A commercial property where charging stations already exist
for use by tenants in a ratio that is equal to or greater than 2
available parking spaces for every 100 parking spaces at the
commercial property.

(2) A commercial property where there are less than 50 parking
spaces.

(c) For purposes of this section:

(1) “Electric vehicle charging station” or “charging station”
means a station that is designed in compliance with Article 625 of
the California Electrical Code, as it reads on the effective date of
this section, and delivers electricity from a source outside an
electric vehicle into one or more electric vehicles.

(2) “Reasonable costs” includes, but is not limited to, costs
associated with those items specified in the “Permitting Checklist”
of the “Zero-Emission Vehicles in California: Community
Readiness Guidebook” published by the Office of Planning and
Research.

(3) “Reasonable restrictions” or “reasonable standards” are
restrictions or standards that do not significantly increase the cost
of the electric vehicle charging station or its installation or
significantly decrease the charging station’s efficiency or specified
performance.

(d) An electric vehicle charging station shall meet applicable
health and safety standards and requirements imposed by state and
local authorities as well as all other applicable zoning, land use,
or other ordinances, or land use permit requirements.

(e) If lessor approval is required for the installation or use of an
electric vehicle charging station, the application for approval shall
not be willfully avoided or delayed. The approval or denial of an
application shall be in writing.

(f) An electric vehicle charging station installed by a lessee shall
satisfy the following provisions:

(1) If lessor approval is required, the lessee first shall obtain
approval from the lessor to install the electric vehicle charging
station and the lessor shall approve the installation if the lessee
complies with the applicable provisions of the lease consistent
with the provisions of this section and agrees in writing to do all
of the following:

(A) Comply with the lessor’s reasonable standards for the
installation of the charging station.

(B) Engage a licensed contractor to install the charging station.

(C) Within 14 days of approval, provide a certificate of
insurance that names the lessor as an additional insured under the
lessee’s insurance policy in the amount set forth in paragraph (3).

(2) The lessee shall be responsible for all of the following:

(A) Costs for damage to property and the charging station
resulting from the installation, maintenance, repair, removal, or
replacement of the charging station.

(B) Costs for the maintenance, repair, and replacement of the
charging station.

(C) The cost of electricity associated with the charging station.

(3) The lessee at all times, shall maintain a lessee liability
coverage policy in the amount of one million dollars ($1,000,000),
and shall name the lessor as a named additional insured under the
policy with a right to notice of cancellation and property insurance
covering any damage or destruction caused by the charging station,
naming the lessor as its interests may appear.

(g) A lessor may, in its sole discretion, create a new parking
space where one did not previously exist to facilitate the installation
of an electric vehicle charging station, in compliance with all
applicable laws.

(h) Any installation by a lessor or a lessee of an electric vehicle
charging station in a common interest development is also subject
to all of the requirements of subdivision (f) of Section 4745.

end delete

SEC. 6.  

Section 4270 of the Civil Code is amended to read:

4270.  

(a) A declaration may be amended pursuant to the
declaration or this act. Except where an alternative process for
approving, certifying, or recording an amendment is provided in
Section 4225, 4230, 4235, or 4275, an amendment is effective
after all of the following requirements have been met:

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

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

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

(b) If the declaration does not specify the percentage of members
who must approve an amendment of the declaration, an amendment
may be approved by a majority of all members, pursuant to Section
4065.

SEC. 7.  

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

4753.  

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

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

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

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

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

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

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

SEC. 8.  

Section 5300 of the Civil Code, as added by Section
2 of Chapter 184 of the Statutes of 2015, is amended to read:

5300.  

(a) Notwithstanding a contrary provision in the
governing documents, an association shall distribute an annual
budget report 30 to 90 days before the end of its fiscal year.

(b) Unless the governing documents impose more stringent
standards, the annual budget report shall include all of the
following information:

(1) A pro forma operating budget, showing the estimated
revenue and expenses on an accrual basis.

(2) A summary of the association’s reserves, prepared pursuant
to Section 5565.

(3) A summary of the reserve funding plan adopted by the board,
as specified in paragraph (5) of subdivision (b) of Section 5550.
The summary shall include notice to members that the full reserve
study plan is available upon request, and the association shall
provide the full reserve plan to any member upon request.

(4) A statement as to whether the board has determined to defer
or not undertake repairs or replacement of any major component
with a remaining life of 30 years or less, including a justification
for the deferral or decision not to undertake the repairs or
replacement.

(5) A statement as to whether the board, consistent with the
reserve funding plan adopted pursuant to Section 5560, has
determined or anticipates that the levy of one or more special
assessments will be required to repair, replace, or restore any major
component or to provide adequate reserves therefor. If so, the
statement shall also set out the estimated amount, commencement
date, and duration of the assessment.

(6) A statement as to the mechanism or mechanisms by which
the board will fund reserves to repair or replace major components,
including assessments, borrowing, use of other assets, deferral of
selected replacements or repairs, or alternative mechanisms.

(7) A general statement addressing the procedures used for the
calculation and establishment of those reserves to defray the future
repair, replacement, or additions to those major components that
the association is obligated to maintain. The statement shall
include, but need not be limited to, reserve calculations made using
the formula described in paragraph (4) of subdivision (b) of Section
5570, and may not assume a rate of return on cash reserves in
excess of 2 percent above the discount rate published by the Federal
Reserve Bank of San Francisco at the time the calculation was
made.

(8) A statement as to whether the association has any outstanding
loans with an original term of more than one year, including the
payee, interest rate, amount outstanding, annual payment, and
when the loan is scheduled to be retired.

(9) A summary of the association’s property, general liability,
earthquake, flood, and fidelity insurance policies. For each policy,
the summary shall include the name of the insurer, the type of
insurance, the policy limit, and the amount of the deductible, if
any. To the extent that any of the required information is specified
in the insurance policy declaration page, the association may meet
its obligation to disclose that information by making copies of that
page and distributing it with the annual budget report. The
summary distributed pursuant to this paragraph shall contain, in
at least 10-point boldface type, the following statement:

“This summary of the association’s policies of insurance provides
only certain information, as required by Section 5300 of the Civil
Code, and should not be considered a substitute for the complete
policy terms and conditions contained in the actual policies of
insurance. Any association member may, upon request and
provision of reasonable notice, review the association’s insurance
policies and, upon request and payment of reasonable duplication
charges, obtain copies of those policies. Although the association
maintains the policies of insurance specified in this summary, the
association’s policies of insurance may not cover your property,
including personal property or real property improvements to or
around your dwelling, or personal injuries or other losses that occur
within or around your dwelling. Even if a loss is covered, you may
nevertheless be responsible for paying all or a portion of any
deductible that applies. Association members should consult with
their individual insurance broker or agent for appropriate additional
coverage.”

(10) When the common interest development is a condominium
project, a statement describing the status of the common interest
development as a Federal Housing Administration (FHA)-approved
condominium project pursuant to FHA guidelines, including
whether the common interest development is an FHA-approved
condominium project. The statement shall be in at least 10-point
font on a separate piece of paper and in the following form:

“Certification by the Federal Housing Administration may
provide benefits to members of an association, including an
improvement in an owner’s ability to refinance a mortgage or
obtain secondary financing and an increase in the pool of potential
buyers of the separate interest.

The association of this common interest development [is/is not
(circle one)] certified by the Federal Housing Administration.”

(11) When the common interest development is a condominium
project, a statement describing the status of the common interest
development as a United States Department of Veterans Affairs
(VA)-approved condominium project pursuant to VA guidelines,
including whether the common interest development is a
VA-approved condominium project. The statement shall be in at
least 10-point font on a separate piece of paper and in the following
form:

“Certification by the federal Department of Veterans Affairs
may provide benefits to members of an association, including an
improvement in an owner’s ability to refinance a mortgage or
obtain secondary financing and an increase in the pool of potential
buyers of the separate interest.

The association of this common interest development [is/is not
(circle one)] certified by the federal Department of Veterans
Affairs.”

(c) The annual budget report shall be made available to the
members pursuant to Section 5320.

(d) The summary of the association’s reserves disclosed pursuant
to paragraph (2) of subdivision (b) shall not be admissible in
evidence to show improper financial management of an association,
provided that other relevant and competent evidence of the financial
condition of the association is not made inadmissible by this
provision.

(e) The Assessment and Reserve Funding Disclosure Summary
form, prepared pursuant to Section 5570, shall accompany each
annual budget report or summary of the annual budget report that
is delivered pursuant to this article.

(f) This section shall become operative on July 1, 2016.

SEC. 9.  

Section 5570 of the Civil Code is amended to read:

5570.  

(a) The disclosures required by this article with regard
to an association or a property shall be summarized on the
following form:

Assessment and Reserve Funding Disclosure Summary For the
Fiscal Year Ending _____

(1)  The regular assessment per ownership interest is $_____
per ____. Note: If assessments vary by the size or type of
ownership interest, the assessment applicable to this ownership
interest may be found on page _____ of the attached summary.

(2)  Additional regular or special assessments that have already
been scheduled to be imposed or charged, regardless of the purpose,
if 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 immediately below):	Purpose of the assessment:
	Total:

 

Note: If assessments vary by the size or type of ownership
interest, the assessment applicable to this ownership interest may
be found on page ____ of the attached report.

(3)  Based upon the most recent reserve study and other
information available to the board of directors, will currently
projected reserve account balances be sufficient at the end of each
year to meet the association’s obligation for repair and/or
replacement of major components during the next 30 years?

Yes _____   No _____

(4)  If the answer to (3) is no, what additional assessments or
other contributions to reserves would be necessary to ensure that
sufficient reserve funds will be available each year during the next
30 years that have not yet been approved by the board or the
members?

 

Approximate date assessment will be due:	Amount per ownership interest per month or year:
	Total:

 

(5) All major components are included in the reserve study and
are included in its calculations.

(6) Based on the method of calculation in paragraph (4) of
subdivision (b) of Section 5570, the estimated amount required in
the reserve fund at the end of the current fiscal year is $____, based
in whole or in part on the last reserve study or update prepared by
____ as of ____ (month), ____ (year). The projected reserve fund
cash balance at the end of the current fiscal year is $____, resulting
in reserves being ____ percent funded at this date.

If an alternate, but generally accepted, method of calculation is
also used, the required reserve amount is $____. (See attached
explanation)

(7) Based on the method of calculation in paragraph (4) of
subdivision (b) of Section 5570 of the Civil Code, the estimated
amount required in the reserve fund at the end of each of the next
five budget years is $______, and the projected reserve fund cash
balance in each of those years, taking into account only assessments
already approved and other known revenues, is $______, leaving
the reserve at ______ percent funded. If the reserve funding plan
approved by the association is implemented, the projected reserve
fund cash balance in each of those years will be $______, leaving
the reserve at ______ percent funded.

Note: The financial representations set forth in this summary
are based on the best estimates of the preparer at that time. The
estimates are subject to change. At the time this summary was
prepared, the assumed long-term before-tax interest rate earned
on reserve funds was ____ percent per year, and the assumed
long-term inflation rate to be applied to major component repair
and replacement costs was ____ percent per year.

(b) For the purposes of preparing a summary pursuant to this
section:

(1) “Estimated remaining useful life” means the time reasonably
calculated to remain before a major component will require
replacement.

(2) “Major component” has the meaning used in Section 5550.
Components with an estimated remaining useful life of more than
30 years may be included in a study as a capital asset or disregarded
from the reserve calculation, so long as the decision is revealed in
the reserve study report and reported in the Assessment and
Reserve Funding Disclosure Summary.

(3) The form set out in subdivision (a) shall accompany each
annual budget report or summary thereof that is delivered pursuant
to Section 5300. The form may be supplemented or modified to
clarify the information delivered, so long as the minimum
information set out in subdivision (a) is provided.

(4) For the purpose of the report and summary, the amount of
reserves needed to be accumulated for a component at a given time
shall be computed as the current cost of replacement or repair
multiplied by the number of years the component has been in
service divided by the useful life of the component. This shall not
be construed to require the board to fund reserves in accordance
with this calculation.

SEC. 10.  

Section 12955.9 of the Government Code is amended
to read:

12955.9.  

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

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

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

(2) Housing that meets the standards for senior housing in
Sections 51.2, 51.3, and 51.4 of the Civil Code, except to the extent
that those standards violate the prohibition of familial status
discrimination in the federal Fair Housing Amendments Act of
1988 (Public Law 100-430) and implementing regulations.

(3) Mobilehome parks that meet the standards for “housing for
older persons” as defined in the federal Fair Housing Act, as
amended by Public Law 104-76, and implementing regulations.

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

SEC. 11.  

Section 65584.01 of the Government Code is amended
to read:

65584.01.  

(a) For the fourth and subsequent revision of the
housing element pursuant to Section 65588, the department, in
consultation with each council of governments, where applicable,
shall determine the existing and projected need for housing for
each region in the following manner:

(b) The department’s determination shall be based upon
population projections produced by the Department of Finance
and regional population forecasts used in preparing regional
transportation plans, in consultation with each council of
governments. If the total regional population forecast for the
projection year, developed by the council of governments and used
for the preparation of the regional transportation plan, is within a
range of 3 percent of the total regional population forecast for the
projection year by the Department of Finance, then the population
forecast developed by the council of governments shall be the basis
from which the department determines the existing and projected
need for housing in the region. If the difference between the total
population projected by the council of governments and the total
population projected for the region by the Department of Finance
is greater than 3 percent, then the department and the council of
governments shall meet to discuss variances in methodology used
for population projections and seek agreement on a population
projection for the region to be used as a basis for determining the
existing and projected housing need for the region. If no agreement
is reached, then the population projection for the region shall be
the population projection for the region prepared by the Department
of Finance as may be modified by the department as a result of
discussions with the council of governments.

(c) (1) At least 26 months prior to the scheduled revision
pursuant to Section 65588 and prior to developing the existing and
projected housing need for a region, the department shall meet and
consult with the council of governments regarding the assumptions
and methodology to be used by the department to determine the
region’s housing needs. The council of governments shall provide
data assumptions from the council’s projections, including, if
available, the following data for the region:

(A) Anticipated household growth associated with projected
population increases.

(B) Household size data and trends in household size.

(C) The rate of household formation, or headship rates, based
on age, gender, ethnicity, or other established demographic
measures.

(D) The vacancy rates in existing housing stock, and the vacancy
rates for healthy housing market functioning and regional mobility,
as well as housing replacement needs.

(E) Other characteristics of the composition of the projected
population.

(F) The relationship between jobs and housing, including any
imbalance between jobs and housing.

(2) The department may accept or reject the information
provided by the council of governments or modify its own
assumptions or methodology based on this information. After
consultation with the council of governments, the department shall
make determinations in writing on the assumptions for each of the
factors listed in subparagraphs (A) to (F), inclusive, of paragraph
(1) and the methodology it shall use and shall provide these
determinations to the council of governments.

(d) (1) After consultation with the council of governments, the
department shall make a determination of the region’s existing
and projected housing need based upon the assumptions and
methodology determined pursuant to subdivision (c). The region’s
existing and projected housing need shall reflect the achievement
of a feasible balance between jobs and housing within the region
using the regional employment projections in the applicable
regional transportation plan. Within 30 days following notice of
the determination from the department, the council of governments
may file an objection to the department’s determination of the
region’s existing and projected housing need with the department.

(2) The objection shall be based on and substantiate either of
the following:

(A) The department failed to base its determination on the
population projection for the region established pursuant to
subdivision (b), and shall identify the population projection which
the council of governments believes should instead be used for the
determination and explain the basis for its rationale.

(B) The regional housing need determined by the department
is not a reasonable application of the methodology and assumptions
determined pursuant to subdivision (c). The objection shall include
a proposed alternative determination of its regional housing need
based upon the determinations made in subdivision (c), including
analysis of why the proposed alternative would be a more
reasonable application of the methodology and assumptions
determined pursuant to subdivision (c).

(3) If a council of governments files an objection pursuant to
this subdivision and includes with the objection a proposed
alternative determination of its regional housing need, it shall also
include documentation of its basis for the alternative determination.
Within 45 days of receiving an objection filed pursuant to this
section, the department shall consider the objection and make a
final written determination of the region’s existing and projected
housing need that includes an explanation of the information upon
which the determination was made.

SEC. 12.  

Section 65863.10 of the Government Code is amended
to read:

65863.10.  

(a) As used in this section, the following terms have
the following meanings:

(1) “Affected public entities” means the mayor of the city in
which the assisted housing development is located, or, if located
in an unincorporated area, the chair of the board of supervisors of
the county; the appropriate local public housing authority, if any;
and the Department of Housing and Community Development.

(2) “Affected tenant” means a tenant household residing in an
assisted housing development, as defined in paragraph (3), at the
time notice is required to be provided pursuant to this section, that
benefits from the government assistance.

(3) “Assisted housing development” means a multifamily rental
housing development that receives governmental assistance under
any of the following programs:

(A) New construction, substantial rehabilitation, moderate
rehabilitation, property disposition, and loan management set-aside
programs, or any other program providing project-based assistance,
under Section 8 of the United States Housing Act of 1937, as
amended (42 U.S.C. Sec. 1437f).

(B) The following federal programs:

(i) The Below-Market-Interest-Rate Program under Section
221(d)(3) of the National Housing Act (12 U.S.C. Sec. 1715 l(d)(3)
and (5)).

(ii) Section 236 of the National Housing Act (12 U.S.C. Sec.
1715z-1).

(iii) Section 202 of the Housing Act of 1959 (12 U.S.C. Sec.
1701q).

(C) Programs for rent supplement assistance under Section 101
of the Housing and Urban Development Act of 1965, as amended
(12 U.S.C. Sec. 1701s).

(D) Programs under Sections 514, 515, 516, 533, and 538 of
the Housing Act of 1949, as amended (42 U.S.C. Sec. 1485).

(E) Section 42 of the Internal Revenue Code.

(F) Section 142(d) of the Internal Revenue Code or its
predecessors (tax-exempt private activity mortgage revenue bonds).

(G) Section 147 of the Internal Revenue Code (Section 501(c)(3)
bonds).

(H) Title I of the Housing and Community Development Act
of 1974, as amended (Community Development Block Grant
Program).

(I) Title II of the Cranston-Gonzalez National Affordable
Housing Act of 1990, as amended (HOME Investment Partnership
Program).

(J) Titles IV and V of the McKinney-Vento Homeless Assistance
Act of 1987, as amended, including the Department of Housing
and Urban Development’s Supportive Housing Program, Shelter
Plus Care Program, and surplus federal property disposition
program.

(K) Grants and loans made by the Department of Housing and
Community Development, including the Rental Housing
Construction Program, CHRP-R, and other rental housing finance
programs.

(L) Chapter 1138 of the Statutes of 1987.

(M) The following assistance provided by counties or cities in
exchange for restrictions on the maximum rents that may be
charged for units within a multifamily rental housing development
and on the maximum tenant income as a condition of eligibility
for occupancy of the unit subject to the rent restriction, as reflected
by a recorded agreement with a county or city:

(i) Loans or grants provided using tax increment financing
pursuant to the Community Redevelopment Law (Part 1
(commencing with Section 33000) of Division 24 of the Health
and Safety Code).

(ii) Local housing trust funds, as referred to in paragraph (3) of
subdivision (a) of Section 50843 of the Health and Safety Code.

(iii) The sale or lease of public property at or below market
rates.

(iv) The granting of density bonuses, or concessions or
incentives, including fee waivers, parking variances, or
amendments to general plans, zoning, or redevelopment project
area plans, pursuant to Chapter 4.3 (commencing with Section
65915).

Assistance pursuant to this subparagraph shall not include the
use of tenant-based Housing Choice Vouchers (Section 8(o) of the
United States Housing Act of 1937, 42 U.S.C. Sec. 1437f(o),
excluding subparagraph (13) relating to project-based assistance).
Restrictions shall not include any rent control or rent stabilization
ordinance imposed by a county, city, or city and county.

(4) “City” means a general law city, a charter city, or a city and
county.

(5) “Expiration of rental restrictions” means the expiration of
rental restrictions for an assisted housing development described
in paragraph (3) unless the development has other recorded
agreements restricting the rent to the same or lesser levels for at
least 50 percent of the units.

(6) “Low or moderate income” means having an income as
defined in Section 50093 of the Health and Safety Code.

(7) “Prepayment” means the payment in full or refinancing of
the federally insured or federally held mortgage indebtedness prior
to its original maturity date, or the voluntary cancellation of
mortgage insurance, on an assisted housing development described
in paragraph (3) that would have the effect of removing the current
rent or occupancy or rent and occupancy restrictions contained in
the applicable laws and the regulatory agreement.

(8) “Termination” means an owner’s decision not to extend or
renew its participation in a federal, state, or local government
subsidy program or private, nongovernmental subsidy program
for an assisted housing development described in paragraph (3),
either at or prior to the scheduled date of the expiration of the
contract, that may result in an increase in tenant rents or a change
in the form of the subsidy from project-based to tenant-based.

(9) “Very low income” means having an income as defined in
Section 50052.5 of the Health and Safety Code.

(b) (1) At least 12 months prior to the anticipated date of the
termination of a subsidy contract, the expiration of rental
restrictions, or prepayment on an assisted housing development,
the owner proposing the termination or prepayment of
governmental assistance or the owner of an assisted housing
development in which there will be the expiration of rental
restrictions shall provide a notice of the proposed change to each
affected tenant household residing in the assisted housing
development at the time the notice is provided and to the affected
public entities. An owner who meets the requirements of Section
65863.13 shall be exempt from providing that notice. The notice
shall contain all of the following:

(A) In the event of termination, a statement that the owner
intends to terminate the subsidy contract or rental restrictions upon
its expiration date, or the expiration date of any contract extension
thereto.

(B) In the event of the expiration of rental restrictions, a
statement that the restrictions will expire, and in the event of
prepayment, termination, or the expiration of rental restrictions
whether the owner intends to increase rents during the 12 months
following prepayment, termination, or the expiration of rental
restrictions to a level greater than permitted under Section 42 of
the Internal Revenue Code.

(C) In the event of prepayment, a statement that the owner
intends to pay in full or refinance the federally insured or federally
held mortgage indebtedness prior to its original maturity date, or
voluntarily cancel the mortgage insurance.

(D) The anticipated date of the termination, prepayment of the
federal or other program or expiration of rental restrictions, and
the identity of the federal or other program described in subdivision
(a).

(E) A statement that the proposed change would have the effect
of removing the current low-income affordability restrictions in
the applicable contract or regulatory agreement.

(F) A statement of the possibility that the housing may remain
in the federal or other program after the proposed date of
termination of the subsidy contract or prepayment if the owner
elects to do so under the terms of the federal government’s or other
program operator’s offer.

(G) A statement whether other governmental assistance will be
provided to tenants residing in the development at the time of the
termination of the subsidy contract or prepayment.

(H) A statement that a subsequent notice of the proposed change,
including anticipated changes in rents, if any, for the development,
will be provided at least six months prior to the anticipated date
of termination of the subsidy contract, or expiration of rental
restrictions, or prepayment.

(I) A statement of notice of opportunity to submit an offer to
purchase, as required in Section 65863.11.

(2) Notwithstanding paragraph (1), if an owner provides a copy
of a federally required notice of termination of a subsidy contract
or prepayment at least 12 months prior to the proposed change to
each affected tenant household residing in the assisted housing
development at the time the notice is provided and to the affected
public entities, the owner shall be deemed in compliance with this
subdivision, if the notice is in compliance with all federal laws.
However, the federally required notice does not satisfy the
requirements of Section 65863.11.

(c) (1) At least six months prior to the anticipated date of
termination of a subsidy contract, expiration of rental restrictions
or prepayment on an assisted housing development, the owner
proposing the termination or prepayment of governmental
assistance or the owner of an assisted housing development in
which there will be the expiration of rental restrictions shall provide
a notice of the proposed change to each affected tenant household
residing in the assisted housing development at the time the notice
is provided and to the affected public entities. An owner who meets
the requirements of Section 65863.13 shall be exempt from
providing that notice.

(2) The notice to the tenants shall contain all of the following:

(A) The anticipated date of the termination or prepayment of
the federal or other program, or the expiration of rental restrictions,
and the identity of the federal or other program, as described in
subdivision (a).

(B) The current rent and rent anticipated for the unit during the
12 months immediately following the date of the prepayment or
termination of the federal or other program, or expiration of rental
restrictions.

(C) A statement that a copy of the notice will be sent to the city,
county, or city and county, where the assisted housing development
is located, to the appropriate local public housing authority, if any,
and to the Department of Housing and Community Development.

(D) A statement of the possibility that the housing may remain
in the federal or other program after the proposed date of subsidy
termination or prepayment if the owner elects to do so under the
terms of the federal government’s or other program administrator’s
offer or that a rent increase may not take place due to the expiration
of rental restrictions.

(E) A statement of the owner’s intention to participate in any
current replacement subsidy program made available to the affected
tenants.

(F) The name and telephone number of the city, county, or city
and county, the appropriate local public housing authority, if any,
the Department of Housing and Community Development, and a
legal services organization, that can be contacted to request
additional written information about an owner’s responsibilities
and the rights and options of an affected tenant.

(3) In addition to the information provided in the notice to the
affected tenant, the notice to the affected public entities shall
contain information regarding the number of affected tenants in
the project, the number of units that are government assisted and
the type of assistance, the number of the units that are not
government assisted, the number of bedrooms in each unit that is
government assisted, and the ages and income of the affected
tenants. The notice shall briefly describe the owner’s plans for the
project, including any timetables or deadlines for actions to be
taken and specific governmental approvals that are required to be
obtained, the reason the owner seeks to terminate the subsidy
contract or prepay the mortgage, and any contacts the owner has
made or is making with other governmental agencies or other
interested parties in connection with the notice. The owner shall
also attach a copy of any federally required notice of the
termination of the subsidy contract or prepayment that was
provided at least six months prior to the proposed change. The
information contained in the notice shall be based on data that is
reasonably available from existing written tenant and project
records.

(d) The owner proposing the termination or prepayment of
governmental assistance or the owner of an assisted housing
development in which there will be the expiration of rental
restrictions shall provide additional notice of any significant
changes to the notice required by subdivision (c) within seven
business days to each affected tenant household residing in the
assisted housing development at the time the notice is provided
and to the affected public entities. “Significant changes” shall
include, but not be limited to, any changes to the date of
termination or prepayment, or expiration of rental restrictions or
the anticipated new rent.

(e) An owner who is subject to the requirements of this section
shall also provide a copy of any notices issued to existing tenants
pursuant to subdivision (b), (c), or (d) to any prospective tenant at
the time he or she is interviewed for eligibility.

(f) This section shall not require the owner to obtain or acquire
additional information that is not contained in the existing tenant
and project records, or to update any information in his or her
records. The owner shall not be held liable for any inaccuracies
contained in these records or from other sources, nor shall the
owner be liable to any party for providing this information.

(g) For purposes of this section, service of the notice to the
affected tenants, the city, county, or city and county, the appropriate
local public housing authority, if any, and the Department of
Housing and Community Development by the owner pursuant to
subdivisions (b) to (e), inclusive, shall be made by first-class mail
postage prepaid.

(h) Nothing in this section shall enlarge or diminish the
authority, if any, that a city, county, city and county, affected
tenant, or owner may have, independent of this section.

(i) If, prior to January 1, 2001, the owner has already accepted
a bona fide offer from a qualified entity, as defined in subdivision
(c) of Section 65863.11, and has complied with this section as it
existed prior to January 1, 2001, at the time the owner decides to
sell or otherwise dispose of the development, the owner shall be
deemed in compliance with this section.

(j) Injunctive relief shall be available to any party identified in
paragraph (1) or (2) of subdivision (a) who is aggrieved by a
violation of this section.

(k) The Director of Housing and Community Development shall
approve forms to be used by owners to comply with subdivisions
(b) and (c). Once the director has approved the forms, an owner
shall use the approved forms to comply with subdivisions (b) and
(c).

SEC. 13.  

Section 17913 of the Health and Safety Code is
amended to read:

17913.  

(a) The department shall notify the entities listed in
subdivision (c) of the dates that each of the international or uniform
codes published by the specific organizations described in
paragraphs (1) to (5), inclusive, of subdivision (a) of Section 17922
are approved by the California Building Standards Commission
pursuant to Section 18930 and the effective date of the model codes
as established by the California Building Standards Commission.

(b) The department may publish information bulletins regarding
code enforcement as emergencies occur or at any other time the
department determines appropriate.

(c) The department shall distribute the information described
in subdivision (a), and may distribute the information described
in subdivision (b), to the following entities:

(1) The building department in each county and city.

(2) Housing code officials, fire service officials, professional
associations concerned with building standards, and any other
persons or entities the department determines appropriate.

SEC. 14.  

Section 17921.3 of the Health and Safety Code is
repealed.

SEC. 15.  

Section 17921.9 of the Health and Safety Code is
repealed.

SEC. 16.  

Section 17922 of the Health and Safety Code is
amended to read:

17922.  

(a) Except as otherwise specifically provided by law,
the building standards adopted and submitted by the department
for approval pursuant to Chapter 4 (commencing with Section
18935) of Part 2.5, and the other rules and regulations that are
contained in Title 24 of the California Code of Regulations, as
adopted, amended, or repealed from time to time pursuant to this
chapter shall be adopted by reference, except that the building
standards and rules and regulations shall include any additions or
deletions made by the department. The building standards and
rules and regulations shall impose substantially the same
requirements as are contained in the most recent editions of the
following international or uniform industry codes as adopted by
the organizations specified:

(1) The Uniform Housing Code of the International Conference
of Building Officials, except its definition of “substandard
building.”

(2) The International Building Code of the International Code
Council.

(3) The International Residential Code of the International Code
Council.

(4) The Uniform Plumbing Code of the International Association
of Plumbing and Mechanical Officials.

(5) The Uniform Mechanical Code of the International
Association of Plumbing and Mechanical Officials.

(6) The National Electrical Code of the National Fire Protection
Association.

(7) The International Existing Building Code of the International
Code Council.

(b) In adopting building standards for approval pursuant to
Chapter 4 (commencing with Section 18935) of Part 2.5 for
publication in the California Building Standards Code and in
adopting other regulations, the department shall consider local
conditions and any amendments to the international or uniform
codes referred to in this section. Except as provided in Part 2.5
(commencing with Section 18901), in the absence of adoption by
regulation, the most recent editions of the international or uniform
codes referred to in this section shall be considered to be adopted
one year after the date of publication of the applicable international
or uniform codes.

(c) Except as provided in Section 17959.5, local use zone
requirements, local fire zones, building setback, side and rear yard
requirements, and property line requirements are hereby
specifically and entirely reserved to the local jurisdictions
notwithstanding any requirements found or set forth in this part.

(d) Regulations other than building standards which are adopted,
amended, or repealed by the department, and building standards
adopted and submitted by the department for approval pursuant
to Chapter 4 (commencing with Section 18935) of Part 2.5,
governing alteration and repair of existing buildings and moving
of apartment houses and dwellings shall permit the replacement,
retention, and extension of original materials and the continued
use of original methods of construction as long as the hotel,
lodginghouse, motel, apartment house, or dwelling, or portions
thereof, or building and structure accessory thereto, complies with
the provisions published in the California Building Standards Code
and the other rules and regulations of the department or alternative
local standards adopted pursuant to subdivision (b) of Section
13143.2 or Section 17958.5 and does not become or continue to
be a substandard building. Building additions or alterations which
increase the area, volume, or size of an existing building, and
foundations for apartment houses and dwellings moved, shall
comply with the requirements for new buildings or structures
specified in this part, or in building standards published in the
California Building Standards Code, or in the other rules and
regulations adopted pursuant to this part. However, the additions
and alterations shall not cause the building to exceed area or height
limitations applicable to new construction.

(e) Regulations other than building standards which are adopted
by the department and building standards adopted and submitted
by the department for approval pursuant to Chapter 4 (commencing
with Section 18935) of Part 2.5 governing alteration and repair of
existing buildings shall permit the use of alternate materials,
appliances, installations, devices, arrangements, or methods of
construction if the material, appliance, installation, device,
arrangement, or method is, for the purpose intended, at least the
equivalent of that prescribed in this part, the building standards
published in the California Building Standards Code, and the rules
and regulations promulgated pursuant to the provisions of this part
in performance, safety, and for the protection of life and health.
Regulations governing abatement of substandard buildings shall
permit those conditions prescribed by Section 17920.3 which do
not endanger the life, limb, health, property, safety, or welfare of
the public or the occupant thereof.

(f) A local enforcement agency may not prohibit the use of
materials, appliances, installations, devices, arrangements, or
methods of construction specifically permitted by the department
to be used in the alteration or repair of existing buildings, but those
materials, appliances, installations, devices, arrangements, or
methods of construction may be specifically prohibited by local
ordinance as provided pursuant to Section 17958.5.

(g) A local ordinance may not permit any action or proceeding
to abate violations of regulations governing maintenance of existing
buildings, unless the building is a substandard building or the
violation is a misdemeanor.

SEC. 17.  

Section 17922.3 of the Health and Safety Code is
amended to read:

17922.3.  

Notwithstanding any other provision of law, a
residential structure that is moved into, or within, the jurisdiction
of a local agency or the department, shall not be treated as a new
building or structure, but rather shall be treated, for the purposes
of this part, as subject to Section 17958.9.

SEC. 18.  

Section 17958.1 of the Health and Safety Code is
amended to read:

17958.1.  

Notwithstanding Sections 17922, 17958, and 17958.5,
a city, county, or city and county may, by ordinance, permit
efficiency units for occupancy by no more than two persons which
have a minimum floor area of 150 square feet and which may also
have partial kitchen or bathroom facilities, as specified by the
ordinance. In all other respects, these efficiency units shall conform
to minimum standards for those occupancies otherwise made
applicable pursuant to this part.

“Efficiency unit,” as used in this section, has the same meaning
specified in the International Building Code of the International
Code Council, as incorporated by reference in Part 2 of Title 24
of the California Code of Regulations.

SEC. 19.  

Section 17959.1 of the Health and Safety Code is
amended to read:

17959.1.  

(a) A city or county shall administratively approve
applications to install solar energy systems through the issuance
of a building permit or similar nondiscretionary permit. However,
if the building official of the city or county has a good faith belief
that the solar energy system could have a specific, adverse impact
upon the public health and safety, the city or county may require
the applicant to apply for a use permit.

(b) A city or county may not deny an application for a use permit
to install a solar energy system unless it makes written findings
based upon substantial evidence in the record that the proposed
installation would have a specific, adverse impact upon the public
health or safety, and there is no feasible method to satisfactorily
mitigate or avoid the specific, adverse impact. This finding shall
include the basis for the rejection of potential feasible alternatives
of preventing the adverse impact.

(c) Any conditions imposed on an application to install a solar
energy system must be designed to mitigate the specific, adverse
impact upon the public health and safety at the lowest cost possible.

(d) (1) A solar energy system shall meet applicable health and
safety standards and requirements imposed by state and local
permitting authorities.

(2) A solar energy system for heating water shall be certified
by the Solar Rating Certification Corporation (SRCC) or other
nationally recognized certification agency. SRCC is a nonprofit
third party supported by the United States Department of Energy.
The certification shall be for the entire solar energy system and
installation.

(3) A solar energy system for producing electricity shall meet
all applicable safety and performance standards established by the
National Electrical Code, the Institute of Electrical and Electronics
Engineers, and accredited testing laboratories such as Underwriters
Laboratories and, where applicable, rules of the Public Utilities
Commission regarding safety and reliability.

(e) The following definitions apply to this section:

(1) “A feasible method to satisfactorily mitigate or avoid the
specific, adverse impact” includes, but is not limited to, any cost
effective method, condition, or mitigation imposed by a city or
county on another similarly situated application in a prior
successful application for a permit. A city or county shall use its
best efforts to ensure that the selected method, condition, or
mitigation meets the conditions of subparagraphs (A) and (B) of
paragraph (1) of subdivision (d) of Section 714 of the Civil Code.

(2) “Solar energy system” has the meaning set forth in
paragraphs (1) and (2) of subdivision (a) of Section 801.5 of the
Civil Code.

(3) A “specific, adverse impact” means a significant,
quantifiable, direct, and unavoidable impact, based on objective,
identified, and written public health or safety standards, policies,
or conditions as they existed on the date the application was
deemed complete.

SEC. 20.  

Section 18080.5 of the Health and Safety Code is
amended to read:

18080.5.  

(a) A numbered report of sale, lease, or rental form
issued by the department shall be submitted each time the following
transactions occur by or through a dealer:

(1) Whenever a manufactured home, mobilehome, or
commercial coach previously registered pursuant to this part is
sold, leased with an option to buy, or otherwise transferred.

(2) Whenever a manufactured home, mobilehome, or
commercial coach not previously registered in this state is sold,
rented, leased, leased with an option to buy, or otherwise
transferred.

(b) The numbered report of sale, lease, or rental forms shall be
used and distributed in accordance with the following terms and
conditions:

(1) A copy of the form shall be delivered to the purchaser.

(2) All fees and penalties due for the transaction that were
required to be reported with the report of sale, lease, or rental form
shall be paid to the department within 10 calendar days from the
date the transaction is completed, as specified by subdivision (e).
Penalties due for noncompliance with this paragraph shall be paid
by the dealer. The dealer shall not charge the consumer for those
penalties.

(3) Notice of the registration or transfer of a manufactured home
or mobilehome shall be reported pursuant to subdivision (d).

(4) The original report of sale, lease, or rental form, together
with all required documents to report the transaction or make
application to register or transfer a manufactured home,
mobilehome, or commercial coach, shall be forwarded to the
department. Any application shall be submitted within 10 calendar
days from the date the transaction was required to be reported, as
defined by subdivision (e).

(c) A manufactured home, mobilehome, or commercial coach
displaying a copy of the report of sale, lease, or rental may be
occupied without registration decals or registration card until the
registration decals and registration card are received by the
purchaser.

(d) In addition to the other requirements of this section, every
dealer upon transferring by sale, lease, or otherwise any
manufactured home or mobilehome shall, not later than the 10th
calendar day thereafter, not counting the date of sale, give written
notice of the transfer to the assessor of the county where the
manufactured home or mobilehome is to be installed. The written
notice shall be upon forms provided by the department containing
any information that the department may require, after consultation
with the assessors. Filing of a copy of the notice with the assessor
in accordance with this section shall be in lieu of filing a change
of ownership statement pursuant to Sections 480 and 482 of the
Revenue and Taxation Code.

(e) Except for transactions subject to Section 18035.26, for
purposes of this section, a transaction by or through a dealer shall
be deemed completed and consummated and any fees and the
required report of sale, lease, or rental are due when any of the
following occurs:

(1) The purchaser of any commercial coach has signed a
purchase contract or security agreement or paid any purchase price,
the lessee of a new commercial coach has signed a lease agreement
or lease with an option to buy or paid any purchase price, or the
lessee of a used commercial coach has either signed a lease with
an option to buy or paid any purchase price, and the purchaser or
lessee has taken physical possession or delivery of the commercial
coach.

(2) For sales subject to Section 18035, when all the amounts
other than escrow fees and amounts for uninstalled or undelivered
accessories are disbursed from the escrow account.

(3) For sales subject to Section 18035.2, when the installation
is complete and a certificate of occupancy is issued.

(f) The department shall charge a fee, not to exceed forty-five
dollars ($45), for processing the notice of disposal and any
information required for completing the disposal process required
pursuant to Sections 798.56a and 798.61 of the Civil Code.

(g) Notwithstanding any other law, the Department of Housing
and Community Development may adopt guidelines related to
procedures and forms to implement the new disposal procedures
in Chapter 376 of the Statutes of 2015, until regulations are adopted
by the department to replace those guidelines.

SEC. 21.  

Section 18935 of the Health and Safety Code is
amended to read:

18935.  

(a) Notice of proposed building standards shall be
given and hearings shall be held by the adopting agencies, as
required by the Administrative Procedure Act, prior to the adoption
of the building standards and submission to the commission for
approval. The notice of proposed building standards and the initial
statement of reasons for the proposed building standards shall
comply with Article 5 (commencing with Section 11346) of
Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government
Code. The adopting agency or state agency that proposes the
building standards shall submit the notice and initial statement of
reasons for proposed building standards to the California Building
Standards Commission, which shall review them for compliance
with Article 5 (commencing with Section 11346) of Chapter 3.5
of Part 1 of Division 3 of Title 2 of the Government Code. If the
commission determines that the adopting agency or state agency
that proposes the building standards has complied with Article 5
(commencing with Section 11346) of Chapter 3.5 of Part 1 of
Division 3 of Title 2 of the Government Code, the commission
shall approve the notice and initial statement of reasons for
proposed building standards, and submit the notice to the Office
of Administrative Law for the sole purpose of inclusion in the
California Regulatory Notice Register. The Office of
Administrative Law shall publish only those notices of proposed
building standards which have been approved by, and submitted
to, the office by the California Building Standards Commission.

(b) In order to ensure an absence of conflict between hearings
and a maximum opportunity for interested parties to be heard, no
hearings by adopting agencies shall be conducted unless the time
and place thereof has been approved in writing by the commission
prior to public notices of the hearing being given by the adopting
agencies.

(c) If, after building standards are submitted to the commission
for approval, the commission requires changes therein as a
condition for approval, and the changes are made, no additional
hearing by the affected state agency shall be required in connection
with making the changes when the commission determines the
changes are nonsubstantial, solely grammatical in nature, or are
sufficiently related to the text submitted to the commission for
approval that the public was adequately placed on notice that the
change could result from the originally proposed building
standards.

SEC. 22.  

Section 19990 of the Health and Safety Code is
amended to read:

19990.  

(a) Except as provided in Section 18930, the department
shall adopt rules and regulations to interpret and make specific
this part. The department shall adopt and submit building standards
for approval pursuant to Chapter 4 (commencing with Section
18935) of Part 2.5 of this division for the purposes described in
this section. Standards adopted, amended, or repealed from time
to time by the department pursuant to this chapter shall include
provisions imposing requirements reasonably consistent with
recognized and accepted standards contained in the most recent
editions of the following uniform industry codes as adopted or
amended from time to time by the organizations specified:

(1) The Uniform Housing Code of the International Conference
of Building Officials.

(2) The International Building Code of the International Code
Council.

(3) The International Residential Code of the International Code
Council.

(4) The Uniform Plumbing Code of the International Association
of Plumbing and Mechanical Officials.

(5) The Uniform Mechanical Code of the International
Association of Plumbing and Mechanical Officials.

(6) The National Electrical Code of the National Fire Protection
Association.

(b) The department shall require every city and county to file
with the department all wind pressure and snow load requirements
in effect within their respective jurisdictions if these requirements
differ from building standards published in the State Building
Standards Code, on or before January 1 of each year. The
department shall notify every manufacturer of factory-built housing
of these requirements on or before March 1 of each year.

(c) Except as provided in Section 18930, the department shall
adopt other rules and regulations as it deems necessary to carry
out this part. In promulgating these other rules and regulations the
department shall consider any amendments to the model codes
referred to in this section. In the event of any conflict with respect
to factory-built housing between Part 1.5 (commencing with
Section 17910) and this part, the requirements of this part shall
control.

SEC. 23.  

Section 50074 of the Health and Safety Code is
amended to read:

50074.  

“Housing sponsor,” for the purpose of housing assisted
by the department, means any individual, joint venture, partnership,
limited partnership, trust, corporation, limited equity housing
cooperative, cooperative, local public entity, duly constituted
governing body of an Indian reservation or rancheria, tribally
designated housing entity, or other legal entity, or any combination
thereof, certified by the agency pursuant to rules and regulations
of the agency as qualified to either own, construct, acquire, or
rehabilitate a housing development, whether for profit, nonprofit,
or organized for limited profit, and subject to the regulatory powers
of the agency pursuant to rules and regulations of the agency and
other terms and conditions set forth in this division. “Housing
sponsor” includes persons and families of low or moderate income
who are approved by the agency as eligible to own and occupy a
housing development and individuals and legal entities receiving
property improvement loans through the agency.

SEC. 24.  

Section 50104.6.5 is added to the Health and Safety
Code, to read:

50104.6.5.  

“Tribally designated housing entity” means an entity
as defined in Section 4103 of Title 25 of the United States Code.
For the purposes of determining the eligibility of an applicant for
funding under a program authorized by Part 2 (commencing with
Section 50400), references to a local public entity, nonprofit
corporation, nonprofit housing sponsor, or governing body of an
Indian reservation or rancheria in any statute included in, or in any
regulation promulgated to implement, Part 2 (commencing with
Section 50400) shall be deemed to include a tribally designated
housing entity.

SEC. 25.  

Chapter 4.7 (commencing with Section 50580) of
Part 2 of Division 31 of the Health and Safety Code is repealed.

SEC. 26.  

Section 50784.7 of the Health and Safety Code is
amended to read:

50784.7.  

(a) The department may make loans to resident
organizations or qualified nonprofit sponsors from the Mobilehome
Park Rehabilitation and Purchase Fund for the purpose of assisting
lower income homeowners to do any of the following:

(1) Make repairs to their mobilehomes.

(2) Make accessibility-related upgrades to their mobilehomes.

(3) Replace their mobilehomes.

(b) Loans made pursuant to these provisions shall meet both of
the following requirements:

(1) The applicant entity has received a loan or loans pursuant
to Section 50783, 50784, or 50784.5 for the purpose of assisting
homeowners within a park proposed for acquisition or conversion.

(2) The applicant entity demonstrates sufficient organizational
stability and capacity to manage a portfolio of individual loans
over an extended time period. This capacity may be demonstrated
by substantial successful experience performing similar activities
or through other means acceptable to the department.

(c) The department may adopt guidelines to implement this
section.

begin insert

begin insert SEC. 27. end insert   

end insert

begin insert Section 50800.5 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

50800.5.  

(a) There is hereby created in the State Treasury the
Emergency Housing and Assistance Fund. Notwithstanding Section
13340 of the Government Code, all money in the fund is
continuously appropriated to the department to carry out the
purposes of this chapter. Any repayments, interest, or new
appropriations shall be deposited in the fund, notwithstanding
Section 16305.7 of the Government Code. Money in the fund shall
not be subject to transfer to any other fund pursuant to any
provision of Part 2 (commencing with Section 16300) of Division
4 of Title 2 of the Government Code, except to the Surplus Money
Investment Fund.

(b) All moneys in the Emergency Housing and Assistance Fund,
created pursuant to Section 50800.5 as it existed prior to the
effective date of the act that adds this chapter, shall be transferred,
on the effective date of the act that adds this chapter, to the
Emergency Housing and Assistance Fund created by subdivision
(a).

(c) The department may require the transfer of moneys in the
Emergency Housing and Assistance Fund to the Surplus Money
Investment Fund for investment pursuant to Article 4 (commencing
with Section 16470) of Chapter 3 of Part 2 of Division 4 of Title
2 of the Government Code. All interest, dividends, and pecuniary
gains from these investments shall accrue to the Emergency
Housing and Assistance Fund, notwithstanding Section 16305.7
of the Government Code.

(d) To the extent funds are made available by the Legislature,
moneys in the fund may be used for the purposes of Chapter 19
(commencing with Section 50899.1) of Part 2 of Division 31 of
the Health and Safety Code.

begin insert

(e) The Department of Housing and Community Development
may transfer any unobligated Proposition 46 and Proposition 1C
bond funds to the Housing Rehabilitation Loan Fund, less any
funds needed for state operations to support outstanding awards
as determined by the Department of Housing and Community
Development, to be expended for the Multifamily Housing Program
authorized by Chapter 6.7 (commencing with Section 50675), to
be used for supportive housing for the target population identified
in Section 50675.14.

end insert