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.end delete
This bill would delete the requirement that the above-described statement describe whether or not the common interest development is a condominium project.end delete
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
begin delete CPVCend delete 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.
(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.
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.
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.
By authorizing additional moneys to be transferred to a continuously appropriated fund, this bill would make an appropriation.
Vote: 2⁄3. Appropriation: yes. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 7044 of the Business and Professions
2Code is amended to read:
(a) This chapter does not apply to any of the following:
4(1) An owner who builds or improves a structure on his or her
5property, provided that both of the following conditions are met:
6(A) None of the improvements are intended or offered for sale.
7(B) The property owner personally performs all of the work or
8any work not performed by the owner is performed by the owner’s
9employees with wages as their sole compensation.
10(2) An owner who builds or improves a structure on his or her
11property, provided that both of the following conditions are met:
12(A) The owner directly contracts with licensees who are duly
13licensed to contract for the work of the respective trades involved
14in completing the project.
15(B) For projects involving single-family residential structures,
16no more than four of these structures are intended or offered for
17sale in a calendar year. This subparagraph shall not apply if the
18owner contracts with a general contractor for the construction.
19(3) A homeowner improving his or her principal place of
20residence or appurtenances thereto, provided that all of the
21following conditions exist:
22(A) The work is performed prior to sale.
P9 1(B) The homeowner has actually resided in the residence for
2the 12 months prior to completion of the work.
3(C) The homeowner has not availed himself or herself of the
4exemption in this paragraph on more than two structures more
5than once during any three-year period.
6(4) A nonprofit corporation providing assistance to an
7owner-builder, as defined in subdivision (a) of Section 50692 of
8the Health and Safety Code, who is participating in a mutual
9self-help housing program, as defined in Section 50078 of the
10Health and Safety Code.
11(b) In all actions brought under this chapter, both of the
12following shall apply:
13(1) Except as provided in paragraph (2), proof of the sale or
14offering for sale of a structure by or for the owner-builder within
15one year after completion of the structure constitutes a rebuttable
16presumption affecting the burden of proof that the structure was
17undertaken for purposes of sale.
18(2) Proof of the sale or offering for sale of five or more
19structures by the owner-builder within one year after completion
20constitutes a conclusive presumption that the structures were
21undertaken for purposes of sale.
Section 798.56a of the Civil Code is amended to read:
(a) Within 60 days after receipt of, or no later than
2465 days after the mailing of, the notice of termination of tenancy
25pursuant to any reason provided in Section 798.56, the legal owner,
26if any, and each junior lienholder, if any, shall notify the
27management in writing of at least one of the following:
28(1) Its offer to sell the obligation secured by the mobilehome
29to the management for the amount specified in its written offer.
30In that event, the management shall have 15 days following receipt
31of the offer to accept or reject the offer in writing. If the offer is
32rejected, the person or entity that made the offer shall have 10 days
33in which to exercise one of the other options contained in this
34section and shall notify management in writing of its choice.
35(2) Its intention to foreclose on its security interest in the
37(3) Its request that the management pursue the termination of
38tenancy against the homeowner and its offer to reimburse
39management for the reasonable attorney’s fees and court costs
40incurred by the management in that action. If this request and offer
P10 1are made, the legal owner, if any, or junior lienholder, if any, shall
2reimburse the management the amount of reasonable attorney’s
3fees and court costs, as agreed upon by the management and the
4legal owner or junior lienholder, incurred by the management in
5an action to terminate the homeowner’s tenancy, on or before the
6earlier of (A) the 60th calendar day following receipt of written
7notice from the management of the aggregate amount of those
8reasonable attorney’s fees and costs or (B) the date the mobilehome
10(b) A legal owner, if any, or junior lienholder, if any, may sell
11the mobilehome within the park to a third party and keep the
12mobilehome on the site within the mobilehome park until it is
13resold only if all of the following requirements are met:
14(1) The legal owner, if any, or junior lienholder, if any, notifies
15management in writing of the intention to exercise either option
16described in paragraph (2) or (3) of subdivision (a) within 60 days
17following receipt of, or no later than 65 days after the mailing of,
18the notice of termination of tenancy and satisfies all of the
19responsibilities and liabilities of the homeowner owing to the
20management for the 90 days preceding the mailing of the notice
21of termination of tenancy and then continues to satisfy these
22responsibilities and liabilities as they accrue from the date of the
23mailing of that notice until the date the mobilehome is resold.
24(2) Within 60 days following receipt of, or no later than 65 days
25after the mailing of, the notice of termination of tenancy, the legal
26owner or junior lienholder commences all repairs and necessary
27corrective actions so that the mobilehome complies with park rules
28and regulations in existence at the time the notice of termination
29of tenancy was given as well as the health and safety standards
30specified in Sections 18550, 18552, and 18605 of the Health and
31Safety Code, and completes these repairs and corrective actions
32within 90 calendar days of that notice, or before the date that the
33mobilehome is sold, whichever is earlier.
34(3) The legal owner, if any, or junior lienholder, if any, complies
35with the requirements of Article 7 (commencing with Section
36798.70) as it relates to the transfer of the mobilehome to a third
38(c) For purposes of subdivision (b), the “homeowner’s
39responsibilities and liabilities” means all rents, utilities, reasonable
40maintenance charges of the mobilehome and its premises, and
P11 1reasonable maintenance of the mobilehome and its premises
2pursuant to existing park rules and regulations.
3(d) If the homeowner files for bankruptcy, the periods set forth
4in this section are tolled until the mobilehome is released from
6(e) (1) Notwithstanding any other provision of law, including,
7but not limited to, Section 18099.5 of the Health and Safety Code,
8if neither the legal owner nor a junior lienholder notifies the
9management of its decision pursuant to subdivision (a) within the
10period allowed, or performs as agreed within 30 days, or if a
11registered owner of a mobilehome, that is not encumbered by a
12lien held by a legal owner or a junior lienholder, fails to comply
13with a notice of termination and is either legally evicted or vacates
14the premises, the management may either remove the mobilehome
15from the premises and place it in storage or store it on its site. In
16this case, notwithstanding any other provision of law, the
17management shall have a warehouse lien in accordance with
18Section 7209 of the Commercial Code against the mobilehome for
19the costs of dismantling and moving, if appropriate, as well as
20storage, that shall be superior to all other liens, except the lien
21provided for in Section 18116.1 of the Health and Safety Code,
22and may enforce the lien pursuant to Section 7210 of the
23Commercial Code either after the date of judgment in an unlawful
24detainer action or after the date the mobilehome is physically
25vacated by the resident, whichever occurs earlier. Upon completion
26of any sale to enforce the warehouse lien in accordance with
27Section 7210 of the Commercial Code, the management shall
28provide the purchaser at the sale with evidence of the sale, as shall
29be specified by the Department of Housing and Community
30Development, that shall, upon proper request by the purchaser of
31the mobilehome, register title to the mobilehome to this purchaser,
32whether or not there existed a legal owner or junior lienholder on
33this title to the mobilehome.
34(2) (A) Notwithstanding any other law, if the management of
35a mobilehome park acquires a mobilehome after enforcing the
36warehouse lien and files a notice of disposal pursuant to
37subparagraph (B) with the Department of Housing and Community
38Development to designate the mobilehome for disposal,
39management or any other person enforcing this warehouse lien
40shall not be required to pay past or current vehicle license fees
P12 1required by Section 18115 of the Health and Safety Code or obtain
2a tax clearance certificate, as set forth in Section 5832 of the
3Revenue and Taxation Code, provided that management notifies
4the county tax collector in the county in which the mobilehome is
5located of management’s intent to apply to have the mobilehome
6designated for disposal after a warehouse lien sale. The written
7notice shall be sent to the county tax collector no less than 30 days
8after the date of the sale to enforce the lien against the mobilehome
9by first class mail, postage prepaid.
10(B) (i) In order to dispose of a mobilehome after a warehouse
11lien sale, the management shall file a notice of disposal with the
12Department of Housing and Community Development in the form
13and manner as prescribed by the department, no less than 30 days
14after the date of sale to enforce the lien against the mobilehome.
15(ii) After filing a notice of disposal pursuant to clause (i), the
16management may dispose of the mobilehome after obtaining the
17 information required by applicable laws.
18(C) (i) Within 30 days of the date of the disposal of the
19mobilehome, the management shall submit to the Department of
20Housing and Community Development all of the following
21information required for completing the disposal process:
22(I) Photographs identifying and demonstrating that the
23mobilehome was uninhabitable by the removal or destruction of
24all appliances and fixtures such as ovens, stoves, bathroom fixtures,
25and heating or cooling appliances prior to its being moved.
26(II) A statement of facts as to the condition of the mobilehome
27when moved, the date it was moved, and the anticipated site of
28further dismantling or disposal.
29(III) The name, address, and license number of the person or
30 entity removing the mobilehome from the mobilehome park.
31(ii) The information required pursuant to clause (i) shall be
32submitted under penalty of perjury.
33(D) For purposes of this paragraph, “dispose” or “disposal”
34shall mean the removal and destruction of an abandoned
35mobilehome from a mobilehome park, thus making it unusable
36for any purpose and not subject to, or eligible for, use in the future
37as a mobilehome.
38(f) All written notices required by this section, except the notice
39in paragraph (2) of subdivision (e), shall be sent to the other party
40by certified or registered mail with return receipt requested.
P13 1(g) Satisfaction, pursuant to
this section, of the homeowner’s
2accrued or accruing responsibilities and liabilities shall not cure
3the default of the homeowner.
Section 798.61 of the Civil Code is amended to read:
(a) (1) As used in this section, “abandoned
6mobilehome” means a mobilehome about which all of the
7following are true:
8(A) It is located in a mobilehome park on a site for which no
9rent has been paid to the management for the preceding 60 days.
10(B) It is unoccupied.
11(C) A reasonable person would believe it to be abandoned.
12(D) It is not permanently affixed to the land.
13(2) As used in this section:
14(A) “Mobilehome” shall include a trailer coach, as defined in
15Section 635 of the Vehicle Code, or a recreational vehicle, as
16defined in Section 18010 of the Health and Safety Code, if the
17trailer coach or recreational vehicle also satisfies the requirements
18of paragraph (1), including being located on any site within a
19mobilehome park, even if the site is in a separate designated section
20pursuant to Section 18215 of the Health and Safety Code.
21(B) “Abandoned mobilehome” shall include a mobilehome that
22is uninhabitable because of its total or partial destruction that
23cannot be rehabilitated, if the mobilehome also satisfies the
24requirements of paragraph (1).
25(C) “Dispose” or “disposal” shall mean the removal and
26destruction of an abandoned mobilehome from a mobilehome park,
27thus making it unusable for any purpose and not subject to, or
28eligible for, use in the future as a mobilehome.
29(b) After determining a mobilehome in a mobilehome park to
30be an abandoned mobilehome, the management shall post a notice
31of belief of abandonment on the mobilehome for not less than 30
32days, and shall deposit copies of the notice in the United States
33mail, postage prepaid, addressed to the homeowner at the last
34known address and to any known registered owner, if different
35from the homeowner, and to any known holder of a security interest
36in the abandoned mobilehome. This notice shall be mailed by
37registered or certified mail with a return receipt requested.
38(c) (1) Thirty or more days following posting
39subdivision (b), the management may file a petition in the superior
40court in the county in which the mobilehome park is located, for
P14 1a judicial declaration of abandonment of the mobilehome. A
2proceeding under this subdivision is a limited civil case. Copies
3of the petition shall be served upon the homeowner, any known
4registered owner, and any known person having a lien or security
5interest of record in the mobilehome by posting a copy on the
6mobilehome and mailing copies to those persons at their last known
7addresses by registered or certified mail with a return receipt
8requested in the United States mail, postage prepaid.
9(2) To dispose of an abandoned mobilehome pursuant to
10subdivision (f), the management shall also do all of the following:
11(A) Declare in the
petition that the management will dispose of
12the abandoned mobilehome, and therefore will not seek a tax
13clearance certificate as set forth in Section 5832 of the Revenue
14and Taxation Code.
15(B) Declare in the petition whether the management intends to
16sell the contents of the abandoned mobilehome before its disposal.
17(C) Notify the county tax collector in the county in which the
18mobilehome park is located of the declaration that management
19will dispose of the abandoned mobilehome by sending a copy of
20the petition by first class mail.
21(D) Declare in the petition that management intends to file a
22notice of disposal with the Department of Housing and Community
23Development and complete the disposal process consistent with
24the requirements of subdivision (f).
25(d) (1) Hearing on the petition shall be given precedence over
26other matters on the court’s calendar.
27(2) If, at the hearing, the petitioner shows by a preponderance
28of the evidence that the criteria for an abandoned mobilehome has
29been satisfied and no party establishes an interest therein at the
30hearing and tenders all past due rent and other charges, the court
31shall enter a judgment of abandonment, determine the amount of
32charges to which the petitioner is entitled, and award attorney’s
33fees and costs to the petitioner. For purposes of this subdivision,
34an interest in the mobilehome shall be established by evidence of
35a right to possession of the mobilehome or a security or ownership
36interest in the mobilehome.
37(3) A default may be entered by the court clerk upon request of
38the petitioner, and a default judgment shall be thereupon entered,
39if no responsive pleading is filed within 15 days after service of
40the petition by mail.
P15 1(e) To sell an abandoned mobilehome, the management shall
2do all of the following:
3(1) (A) Within 10 days following a judgment of abandonment,
4the management shall enter the abandoned mobilehome and
5complete an inventory of the contents and submit the inventory to
7(B) During this period the management shall post and mail a
8notice of intent to sell the abandoned mobilehome and its contents
9under this section, and announcing the date of sale, in the same
10manner as provided for the notice of determination of abandonment
11under subdivision (b). The management shall also provide notice
12to the county tax collector in the county in which the mobilehome
13park is located.
14(C) At any time prior to the sale of an abandoned mobilehome
15or its contents under this section, any person having a right to
16possession of the abandoned mobilehome may recover and remove
17it from the premises upon payment to the management of all rent
18or other charges due, including reasonable costs of storage and
19other costs awarded by the court. Upon receipt of this payment
20and removal of the abandoned mobilehome from the premises
21pursuant to this paragraph, the management shall immediately file
22an acknowledgment of satisfaction of judgment pursuant to Section
23724.030 of the Code of Civil Procedure.
24(2) Following the judgment of abandonment, but not less than
2510 days following the notice of sale specified in paragraph (1), the
26management may conduct a public sale of the abandoned
27mobilehome, its contents, or both. The management may bid at
28the sale and shall have the right to offset its bids to the extent of
29the total amount due it under this section. The proceeds of the sale
30shall be retained by the management, but any unclaimed amount
31thus retained over and above the amount to which the management
32is entitled under this section shall be deemed abandoned property
33and shall be paid into the treasury of the county in which the sale
34took place within 30 days of the date of the sale. The former
35homeowner or any other owner may claim any or all of that
36unclaimed amount within one year from the date of payment to
37the county by making application to the county treasurer or other
38official designated by the county. If the county pays any or all of
39that unclaimed amount to a claimant, neither the county nor any
P16 1officer or employee of the county is liable to any other claimant
2as to the amount paid.
3(3) Within 30 days of the date of the sale, the management shall
4submit to the court an accounting of the moneys received from the
5sale and the disposition of the money and the items contained in
6the inventory submitted to the court pursuant to paragraph (1).
7(4) The management shall provide the purchaser at the sale of
8an abandoned mobilehome with a copy of the judgment of
9abandonment and evidence of the sale, as shall be specified by the
10Department of Housing and Community Development, which shall
11register title in the abandoned mobilehome to the purchaser upon
12presentation thereof within 20 days of purchase. The sale shall
13pass title to the purchaser free of any prior interest, including any
14security interest or lien, except the lien provided for in Section
1518116.1 of the Health and Safety Code, in the abandoned
17(f) To dispose of an abandoned mobilehome, the management
18shall do all of the following:
19(1) (A) Within 10 days following a judgment of abandonment,
20the management shall enter the abandoned mobilehome and
21complete an inventory of the contents and submit the inventory to
23(B) Within 10 days following a judgment of abandonment, the
24management shall post and mail a notice of intent to dispose of
25the abandoned mobilehome and its contents under this section,
26and announcing the date of disposal, in the same manner as
27provided for the notice of determination of abandonment under
28subdivision (b). The management shall also provide notice to the
29county tax collector in the county in which the mobilehome park
31(C) (i) Within 30 days following a judgment of abandonment,
32the management shall file a notice of disposal with the Department
33of Housing and Community Development in the form and manner
34as prescribed by the department.
35(ii) Notwithstanding any other law, when filing a notice of
36disposal pursuant to clause (i), the management shall not be
37required to pay past or current vehicle license fees required by
38Section 18115 of the Health and Safety Code or obtain a tax
39clearance certificated as set forth in Section 5832 of the Revenue
40and Taxation Code, provided that the management notifies the
P17 1county tax collector in the county in which the mobilehome is
2located of the management’s intent to apply to have the
3mobilehome designated for disposal pursuant to this subdivision.
4The written notice shall be sent to the county tax collector no less
5than 10 days after the date of the abandonment judgment by first
6class mail, postage prepaid.
7(D) At any time prior to the disposal of an abandoned
8mobilehome or its contents under this section, any person having
9a right to possession of the abandoned mobilehome may recover
10and remove it from the premises upon payment to the management
11of all rent or other charges due, including reasonable costs of
12storage and other costs awarded by the court. Upon receipt of this
13payment and removal of the abandoned mobilehome from the
14premises pursuant to this subparagraph, the management shall
15immediately file an acknowledgment of satisfaction of judgment
16pursuant to Section 724.030 of the Code of Civil Procedure and a
17cancellation of the notice of disposal with the Department of
18Housing and Community Development.
19(2) Following the judgment of abandonment and approval of
20the notice of disposal by the Department of Housing and
21Community Development, but not less than 10 days following the
22notice of disposal specified in paragraph (1), the management may
23dispose of the abandoned mobilehome after obtaining the
24information required in subparagraph (A) of paragraph (3).
25(3) (A) Within 30 days of the date of the disposal of an
26abandoned mobilehome and its contents, the management shall
27do both of the following:
28(i) Submit to the court and the county tax collector in the county
29in which the mobilehome park is located a statement that the
30abandoned mobilehome and its contents were disposed with
32(ii) (I) Submit to the Department of Housing and Community
33Development all of the following information required for
34completing the disposal process:
35(ia) Photographs identifying and demonstrating that the
36mobilehome was uninhabitable by the removal or destruction of
37all appliances and fixtures such as ovens, stoves, bathroom fixtures,
38and heating or cooling appliances prior to its being moved.
P18 1(ib) A statement of facts as to the condition of the mobilehome
2when moved, the date it was moved, and the anticipated site of
3further dismantling or disposal.
4(ic) The name, address, and license number of the person or
5entity removing the mobilehome from the mobilehome park.
6(II) The information required pursuant to subclause (I) shall be
7submitted under penalty of perjury.
8(B) Within 30 days of the date of the disposal of an abandoned
9mobilehome or the date of the sale of its contents, whichever date
10is later, the management shall submit to the court and the county
11tax collector in the county in which the mobilehome park is located
12an accounting of the moneys received from the sale and the
13disposition of the money and the items contained in the inventory
14submitted to the court pursuant to paragraph (1) and a statement
15that the abandoned mobilehome was disposed with supporting
17(g) Notwithstanding any other law, the management shall not
18be required to obtain a tax clearance certificate, as set forth in
19Section 5832 of the Revenue and Taxation Code, to dispose of an
20abandoned mobilehome and its contents pursuant to subdivision
21(f). However, any sale pursuant to this section shall be subject to
22the registration requirements of Section 18100.5 of the Health and
23Safety Code and the tax clearance certificate requirements of
24Section 18092.7 of the Health and Safety Code.
25(h) Notwithstanding any other law, forms and procedures made
26available for the implementation of Chapter 376 of the Statutes of
272015 shall not be subject to Chapter 4.5 (commencing with Section
2811400) of Part 1 of Division 3 of Title 2 of the Government Code.
Section 1952.7 of the Civil Code is amended to read:
(a) (1) Any term in a lease that is executed, renewed,
31or extended on or after January 1, 2015, that conveys any
32possessory interest in commercial property that either prohibits or
33unreasonably restricts the installation or use of an electric vehicle
34charging station in a parking space associated with the commercial
35property, or that is otherwise in conflict with the provisions of this
36section, is void and unenforceable.
37(2) This subdivision does not apply to provisions that impose
38reasonable restrictions on the installation of electric vehicle
39charging stations. However, it is the policy of the state to promote,
P19 1encourage, and remove obstacles to the use of electric vehicle
3(3) This subdivision shall not grant the holder of a possessory
4interest under the lease described in paragraph (1) the right to
5install electric vehicle charging stations in more parking spaces
6than are allotted to the leaseholder in his or her lease, or, if no
7parking spaces are allotted, a number of parking spaces determined
8by multiplying the total number of parking spaces located at the
9commercial property by a fraction, the denominator of which is
10the total rentable square feet at the property, and the numerator of
11which is the number of total square feet rented by the leaseholder.
12(4) If the installation of an electric vehicle charging station has
13the effect of granting the leaseholder a reserved parking space and
14a reserved parking space is not allotted to the leaseholder in the
15lease, the owner of the commercial property may charge a
16reasonable monthly rental amount for the parking space.
17(b) This section shall not apply to any of the following:
18(1) A commercial property where charging stations already exist
19for use by tenants in a ratio that is equal to or greater than 2
20available parking spaces for every 100 parking spaces at the
22(2) A commercial property where there are less than 50 parking
24(c) For purposes of this section:
25(1) “Electric vehicle charging station” or “charging station”
26means a station that is designed in compliance with Article 625 of
27the California Electrical Code, as it reads on the effective date of
28this section, and delivers electricity from a source outside an
29electric vehicle into one or more electric vehicles.
30(2) “Reasonable costs” includes, but is not limited to, costs
31associated with those items specified in the “Permitting Checklist”
32of the “Zero-Emission Vehicles in California: Community
33Readiness Guidebook” published by the Office of Planning and
35(3) “Reasonable restrictions” or “reasonable standards” are
36restrictions or standards that do not significantly increase the cost
37of the electric vehicle charging station or its installation or
38significantly decrease the charging station’s efficiency or specified
P20 1(d) An electric vehicle charging station shall meet applicable
2health and safety standards and requirements imposed by state and
3local authorities as well as all other applicable zoning, land use,
4or other ordinances, or land use permit requirements.
5(e) If lessor approval is required for the installation or use of an
6electric vehicle charging station, the application for approval shall
7not be willfully avoided or delayed. The approval or denial of an
8application shall be in writing.
9(f) An electric vehicle charging station installed by a lessee shall
10satisfy the following provisions:
11(1) If lessor approval is required, the lessee first shall obtain
12approval from the lessor to install the electric vehicle charging
13station and the lessor shall approve the installation if the lessee
14complies with the applicable provisions of the lease consistent
15with the provisions of this section and agrees in writing to do all
16of the following:
17(A) Comply with the lessor’s reasonable standards for the
18installation of the charging station.
19(B) Engage a licensed contractor to install the charging station.
20(C) Within 14 days of approval, provide a certificate of
21insurance that names the lessor as an additional insured under the
22lessee’s insurance policy in the amount set forth in paragraph (3).
23(2) The lessee shall be responsible for all of the following:
24(A) Costs for damage to property and the charging station
25resulting from the installation, maintenance, repair, removal, or
26replacement of the charging station.
27(B) Costs for the maintenance, repair, and replacement of the
29(C) The cost of electricity associated with the charging station.
30(3) The lessee at all times, shall maintain a lessee liability
31coverage policy in the amount of one million dollars ($1,000,000),
32and shall name the lessor as a named additional insured under the
33policy with a right to notice of cancellation and property insurance
34covering any damage or destruction caused by the charging station,
35naming the lessor as its interests may appear.
36(g) A lessor may, in its sole discretion, create a new parking
37space where one did not previously exist to facilitate the installation
38of an electric vehicle charging station, in compliance with all
P21 1(h) Any installation by a lessor or a lessee of an electric vehicle
2charging station in a common interest development is also subject
3to all of the requirements of subdivision (f) of Section 4745.
Chapter 2.5 (commencing with Section 1954.10) is
5added to Title 5 of Part 4 of Division 3 of the Civil Code, to read:
This chapter shall be known and may be cited as the
13Transitional Housing Participant Misconduct Act.
In enacting this chapter, it is the intent of the
15Legislature to prevent the recurrence of acts of substantial
16disruption or violence by participants in transitional housing
17programs against other such participants, program staff, or
18immediate neighbors of the participants.
The following definitions shall govern the
20construction of this chapter:
21(a) “Abuse” means intentionally or recklessly causing or
22attempting to cause bodily injury, or sexual assault or placing
23another person in reasonable apprehension of imminent serious
24bodily injury to himself, herself, or another, where the injured
25person is another participant, program operator’s staff, or a person
26residing within 100 feet of the program site.
27(b) “Homeless person” means an individual or family who, prior
28to participation in a transitional housing program, either lacked a
29fixed, regular, and adequate nighttime residence or had a primary
30nighttime residence, that was one of the following:
31(1) A supervised publicly or privately operated shelter designed
32to provide temporary living accommodations, including, but not
33limited to, welfare hotels, congregate shelters, and transitional
34housing for the mentally ill.
35(2) An institution that provides a temporary residence for
36individuals intended to be institutionalized.
37(3) A public or private place not designed for, or ordinarily used
38as, a regular sleeping accommodation for human beings.
39(c) “Participant” means a homeless person under contract with
40a program operator to participate in a transitional housing program
P22 1and to use a dwelling unit in the program site. For the purposes of
2naming a defendant under this part, or a person to be protected
3under this part, “participant” shall include a person living with a
4participant at the program site. The contract shall specifically
5include the transitional housing program rules and regulations, a
6statement of the program operator’s right of control over and access
7to the program unit occupied by the participant, and a restatement
8of the requirements and procedures of this chapter.
9(d) “Program misconduct” means any intentional violation of
10the transitional housing program rules and regulations which (1)
11substantially interferes with the orderly operation of the transitional
12housing program, and (2) relates to drunkenness on the program
13site, unlawful use or sale of controlled substances, theft, arson, or
14destruction of the property of the program operator, persons living
15within 100 feet of the program site, program employees, or other
16participants, or (3) relates to violence or threats of violence, and
17harassment of persons living within 100 feet of the program site,
18program employees, or of other participants.
19(e) “Program operator” means a governmental agency, or private
20nonprofit corporation receiving any portion of its transitional
21housing program funds from a governmental agency, which is
22operating a transitional housing program. “Program operator” also
23includes any other manager or operator hired by a governmental
24agency or nonprofit corporation to operate its transitional housing
26(f) “Program site” means the real property containing a dwelling
27unit, the use of which is granted to a participant, and other locations
28where program activities or services are carried out or provided,
29subject to the participant’s compliance with the transitional housing
30program rules and regulations.
31(g) “Transitional housing program” means any program which
32is designed to assist homeless persons in obtaining skills necessary
33for independent living in permanent housing and which has all of
34the following components:
35(1) Comprehensive social service programs which include
36regular individualized case management services and which may
37include alcohol and drug abuse counseling, self-improvement
38education, employment and training assistance services, and
39independent living skills development.
P23 1(2) Use of a
program unit as a temporary housing unit in a
2structured living environment which use is conditioned upon
3compliance with the transitional housing program rules and
5(3) A rule or regulation which specifies an occupancy period
6of not less than 30 days, but not more than 24 months.
(a) The program operator may seek, on its own behalf
11or on behalf of other participants, project employees, or persons
12residing within 100 feet of the program site, a temporary restraining
13order and an injunction prohibiting abuse or program misconduct
14as provided in this chapter. A program operator may not seek a
15temporary restraining order, pursuant to this section, against a
16participant after the participant has been under contract with the
17program operator for at least six months or longer, except when
18an action is pending against the participant or a temporary
19restraining order is in effect and subject to further orders. Nothing
20in this section shall be construed to authorize a person residing
21within 100 feet of the program site to seek a temporary restraining
22order or injunction under this chapter.
23(b) Upon filing a petition for an injunction under this chapter,
24the program operator may obtain a temporary restraining order in
25accordance with the provisions of this section. No temporary
26restraining order shall be issued without notice to the opposite
27party, unless it shall appear from the facts shown by the affidavit
28that great or irreparable harm would result to the program operator,
29a program participant, or an individual residing within 100 feet of
30the program site before the matter can be heard on notice. The
31program operator or the program operator’s attorney shall state in
32an affidavit to the court (1) that within a reasonable time prior to
33the application for a temporary restraining order he or she informed
34the opposing party or his or her attorney at what time and where
35the application would be made, (2) that he or she in good faith
36attempted to so inform the opposing party and his or her attorney
37but was unable to so inform the opposing attorney or his or her
38party, specifying the efforts made to contact them, or (3) that for
39reasons specified he or she should not be required to inform the
40opposing party or his or her attorney.
P24 1A temporary restraining order may be granted upon an affidavit
2which, to the satisfaction of the court, shows reasonable proof of
3program misconduct or abuse by the participant, and that great or
4irreparable harm would result. A temporary restraining order
5granted under this section shall remain in effect, at the court’s
6discretion, for a period not to exceed five days, unless otherwise
7modified, extended, or terminated by the court.
8(c) The matter shall be made returnable on an order requiring
9cause to be shown why the injunction should not be granted, not
10later than five days from the date of the order. When the matter
11comes up for hearing, the party who obtained the temporary
12restraining order shall be ready to proceed and shall have personally
13served upon the opposite party at least two days prior to the
14hearing, a copy of the petition, a copy of the temporary restraining
15order, if any, the notice of hearing, copies of all affidavits to be
16used in the application, and a copy of any points and authorities
17in support of the petition. If the party who obtained the temporary
18restraining order is not ready, or if he or she fails to serve a copy
19of his or her petition, affidavits, and points and authorities, as
20herein required, the court shall dissolve the temporary restraining
21order. The court may, upon the filing of an affidavit by the program
22operator or his or her attorney, that the participant could not be
23served on time, reissue any temporary restraining order previously
24issued pursuant to this section and dissolved by the court for failure
25to serve the participant. An order reissued under this section shall
26state on its face the new date of expiration of the order. No fees
27shall be charged for the reissuance of any order under this section.
28The participant shall be entitled to a continuance, provided that
29the request is made on or before the hearing date and the hearing
30shall be set for a date within 15 days of the application, unless the
31participant requests a later date. The court may extend, or modify
32and extend, any temporary restraining order until the date and time
33upon which the hearing is held. The participant may file a response
34which explains, excuses, justifies, or denies the alleged conduct.
35No fee shall be charged for the filing of a response. At the hearing,
36the judge shall receive any testimony or evidence that is relevant,
37and may make an independent inquiry. If the judge finds by clear
38and convincing evidence that program misconduct or abuse exists,
39an injunction shall issue prohibiting that conduct. An injunction
40issued pursuant to this section shall have a duration of not more
P25 1than one year. At any time within the three months before the
2expiration of the injunction, the program operator may apply for
3renewal of the injunction by filing a new petition for an injunction
4under this section.
5(d) In addition to orders restraining abuse, the court may, upon
6clear and convincing evidence of abuse, issue an order excluding
7the participant from the program site, or restraining the participant
8from coming within 200 feet of the program site, upon an affidavit
9which, to the satisfaction of the court, shows clear and convincing
10evidence of abuse of a project employee, another participant, or a
11person who resides within 100 feet of the program site, by the
12participant and that great or irreparable injury would result to one
13of these individuals if the order is not issued. An order excluding
14the participant from the program site may be included in the
15temporary restraining order only in an emergency where it is
16necessary to protect another participant, a project employee, or an
17individual who lives within 100 feet of the project site from
18imminent serious bodily injury.
19(e) Nothing in this chapter shall preclude either party from
20representation by private counsel or from appearing on his or her
22(f) The notice of hearing specified in subdivision (c) shall
23contain on its face the name and phone number of an office funded
24by the federal Legal Services Corporation which provides legal
25services to low-income persons in the county in which the action
26is filed. The notice shall indicate that this number may be called
27for legal advice concerning the filing of a response to the petition.
28(g) Nothing in this chapter shall preclude the program operator’s
29right to utilize other existing civil remedies. An order issued under
30this section shall not affect the rights of anyone not named in the
(a) The clerk shall transmit a copy of each temporary
33restraining order or injunction or modification or termination
34thereof, granted under this chapter, by the close of the business
35day on which the order was granted, to the law enforcement
36agencies having jurisdiction over the program site. Each law
37enforcement agency may make available information as to the
38existence and current status of these orders to law enforcement
39officers responding to the scene of reported abuse or program
P26 1(b) Any willful disobedience of any temporary restraining order
2or injunction granted under this section shall be a misdemeanor
3pursuant to Section 166 of the Penal Code.
4(c) If a participant is found in contempt of a court order issued
5pursuant to this section, the court may, in addition to any other
6punishment, modify the order to exclude the participant from the
If a participant has violated an order issued under
9Section 1954.13, the participant shall be considered to have failed
10to perform the conditions of the agreement under which the
11property is held as provided in subsection 3 of Section 1161 of the
12Code of Civil Procedure, which conditions cannot afterward be
The Judicial Council shall promulgate forms and
15related instructions to implement the procedures required by this
16chapter. The petition and response forms shall be simple and
If, after hearing pursuant to this chapter, an order
22excluding the participant from the program site is issued, the
23program operator may, without further notice, take possession of
24the participant’s dwelling unit on the program site. The program
25operator shall have the same rights to the dwelling unit as if it had
26been recovered after abandonment in accordance with Section
271951.3 and without objection of the participant. If other
28participants, including the defendant participant’s family members,
29reside in the dwelling unit, the abandonment shall be deemed only
30to affect the rights of the individual or individuals against whom
31the order was issued.
If the program operator takes possession of the
33property, pursuant to this article, the program operator shall give
34the subject participant a reasonable opportunity to remove the
35participant’s property from his or her dwelling unit on the program
36site, and, thereafter, the program operator may consider the
37remaining subject participant’s property to be abandoned property
38pursuant to Chapter 5 (commencing with Section 1980).
Section 4270 of the Civil Code is amended to read:
(a) A declaration may be amended pursuant to the
2declaration or this act. Except where an alternative process for
3approving, certifying, or recording an amendment is provided in
4Section 4225, 4230, 4235, or 4275, an amendment is effective
5after all of the following requirements have been met:
6(1) The amendment has been approved by the percentage of
7members required by the declaration and any other person whose
8approval is required by the declaration.
9(2) That fact has been certified in a writing executed and
10acknowledged by the officer designated in the declaration or by
11the association for that purpose, or if no one is designated, by the
12president of the association.
13(3) The amendment has been recorded in each county in which
14a portion of the common interest development is located.
15(b) If the declaration does not specify the percentage of members
16who must approve an amendment of the declaration, an amendment
17may be approved by a majority of all members, pursuant to Section
Section 4750.10 of the Civil Code is amended and
20renumbered to read:
(a) For the purposes of this section, “clothesline”
22includes a cord, rope, or wire from which laundered items may be
23hung to dry or air. A balcony, railing, awning, or other part of a
24structure or building shall not qualify as a clothesline.
25(b) For the purposes of this section, “drying rack” means an
26apparatus from which laundered items may be hung to dry or air.
27A balcony, railing, awning, or other part of a structure or building
28shall not qualify as a drying rack.
29(c) Any provision of a governing document, as defined in
30Section 4150, shall be void and unenforceable if it effectively
31prohibits or unreasonably restricts an owner’s ability to use a
32clothesline or drying rack in the owner’s backyard.
33(d) (1) This section does not apply to provisions that impose
34reasonable restrictions on an owner’s backyard for the use of a
35clothesline or drying rack.
36(2) For purposes of this section, “reasonable restrictions” are
37restrictions that do not significantly increase the cost of using a
38clothesline or drying rack.
39(3) This section applies only to backyards that are designated
40for the exclusive use of the owner.
P28 1(e) Nothing in this section shall prohibit an association from
2establishing and enforcing reasonable rules governing clotheslines
3or drying racks.
Section 5300 of the Civil Code, as added by Section
52 of Chapter 184 of the Statutes of 2015, is amended to read:
(a) Notwithstanding a contrary provision in the
7governing documents, an association shall distribute an annual
8budget report 30 to 90 days before the end of its fiscal year.
9(b) Unless the governing documents impose more stringent
10standards, the annual budget report shall include all of the
12(1) A pro forma operating budget, showing the estimated
13revenue and expenses on an accrual basis.
14(2) A summary of the association’s reserves, prepared pursuant
15to Section 5565.
16(3) A summary of the reserve funding plan adopted by the board,
17as specified in paragraph (5) of subdivision (b) of Section 5550.
18The summary shall include notice to members that the full reserve
19study plan is available upon request, and the association shall
20provide the full reserve plan to any member upon request.
21(4) A statement as to whether the board has determined to defer
22or not undertake repairs or replacement of any major component
23with a remaining life of 30 years or less, including a justification
24for the deferral or decision not to undertake the repairs or
26(5) A statement as to whether the board, consistent with the
27reserve funding plan adopted pursuant to Section 5560, has
28determined or anticipates that the levy of one or more special
29assessments will be required to repair, replace, or restore any major
30component or to provide adequate reserves therefor. If so, the
31statement shall also set out the estimated amount, commencement
32date, and duration of the assessment.
33(6) A statement as to the mechanism or mechanisms by which
34the board will fund reserves to repair or replace major components,
35including assessments, borrowing, use of other assets, deferral of
36selected replacements or repairs, or alternative mechanisms.
37(7) A general statement addressing the procedures used for the
38calculation and establishment of those reserves to defray the future
39repair, replacement, or additions to those major components that
40the association is obligated to maintain. The statement shall
P29 1include, but need not be limited to, reserve calculations made using
2the formula described in paragraph (4) of subdivision (b) of Section
35570, and may not assume a rate of return on cash reserves in
4excess of 2 percent above the discount rate published by the Federal
5Reserve Bank of San Francisco at the time the calculation was
7(8) A statement as to whether the association has any outstanding
8loans with an original term of more than one year, including the
9payee, interest rate, amount outstanding, annual payment, and
10when the loan is scheduled to be retired.
11(9) A summary of the association’s property, general liability,
12earthquake, flood, and fidelity insurance policies. For each policy,
13the summary shall include the name of the insurer, the type of
14insurance, the policy limit, and the amount of the deductible, if
15any. To the extent that any of the required information is specified
16in the insurance policy declaration page, the association may meet
17its obligation to disclose that information by making copies of that
18page and distributing it with the annual budget report. The
19summary distributed pursuant to this paragraph shall contain, in
20at least 10-point boldface type, the following statement:
22“This summary of the association’s policies of insurance provides
23only certain information, as required by Section 5300 of the Civil
24Code, and should not be considered a substitute for the complete
25policy terms and conditions contained in the actual policies of
26insurance. Any association member may, upon request and
27provision of reasonable notice, review the association’s insurance
28policies and, upon request and payment of reasonable duplication
29charges, obtain copies of those policies. Although the association
30maintains the policies of insurance specified in this summary, the
31association’s policies of insurance may not cover your property,
32including personal property or real property improvements to or
33around your dwelling, or personal injuries or other losses that occur
34within or around your dwelling. Even if a loss is covered, you may
35nevertheless be responsible for paying all or a portion of any
36deductible that applies. Association members should consult with
37their individual insurance broker or agent for appropriate additional
P30 1(10) When the common interest development is a condominium
2project, a statement describing the status of the common interest
3development as a Federal Housing Administration (FHA)-approved
4condominium project pursuant to FHA guidelines, including
5whether the common interest development is an FHA-approved
6condominium project. The statement shall be in at least 10-point
7font on a separate piece of paper and in the following form:
9“Certification by the Federal Housing Administration may
10provide benefits to members of an association, including an
11improvement in an owner’s ability to refinance a mortgage or
12obtain secondary financing and an increase in the pool of potential
13buyers of the separate interest.
14 The association of this common interest development [is/is not
15(circle one)] certified by the Federal Housing Administration.”
17(11) When the common interest development is a condominium
18project, a statement describing the status of the common interest
19development as a United States Department of Veterans Affairs
20(VA)-approved condominium project pursuant to VA guidelines,
21including whether the common interest development is a
22VA-approved condominium project. The statement shall be in at
23least 10-point font on a separate piece of paper and in the following
26“Certification by the federal Department of Veterans Affairs
27may provide benefits to members of an association, including an
28improvement in an owner’s ability to refinance a mortgage or
29obtain secondary financing and an increase in the pool of potential
30buyers of the separate interest.
31 The association of this common interest development [is/is not
32(circle one)] certified by the federal Department of Veterans
35(c) The annual budget report shall be made available to the
36members pursuant to Section 5320.
37(d) The summary of the association’s reserves disclosed pursuant
38to paragraph (2) of subdivision (b) shall not be admissible in
39evidence to show improper financial management of an association,
40provided that other relevant and competent evidence of the financial
P31 1condition of the association is not made inadmissible by this
3(e) The Assessment and Reserve Funding Disclosure Summary
4form, prepared pursuant to Section 5570, shall accompany each
5annual budget report or summary of the annual budget report that
6is delivered pursuant to this article.
7(f) This section shall become operative on July 1, 2016.
Section 5570 of the Civil Code is amended to read:
(a) The disclosures required by this article with regard
11to an association or a property shall be summarized on the
15Assessment and Reserve Funding Disclosure Summary For the
16Fiscal Year Ending _____
18(1) The regular assessment per ownership interest is $_____
19per ____. Note: If assessments vary by the size or type of
20ownership interest, the assessment applicable to this ownership
21interest may be found on page _____ of the attached summary.
22(2) Additional regular or special assessments
that have already
23been scheduled to be imposed or charged, regardless of the purpose,
24if 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
of the assessment:
36Note: If assessments vary by the size or type of ownership
37interest, the assessment applicable to this ownership interest may
38be found on page ____ of the attached report.
P32 1(3) Based upon the most recent reserve study and other
2information available to the board of directors, will currently
3projected reserve account balances be sufficient at the end of each
4year to meet the association’s obligation for repair and/or
5replacement of major components during the next 30 years?
6Yes _____ No _____
7(4) If the answer to (3) is no, what additional assessments or
8other contributions to reserves would be necessary to ensure that
9sufficient reserve funds will be available each year during the next
1030 years that have not yet been approved by the board or the
Approximate date assessment
Amount per ownership interest
22(5) All major components are included in the reserve study and
23are included in its calculations.
24(6) Based on the method of calculation in paragraph (4) of
25subdivision (b) of Section 5570, the estimated amount required in
26 the reserve fund at the end of the current fiscal year is $____, based
27in whole or in part on the last reserve study or update prepared by
28____ as of ____ (month), ____ (year). The projected reserve fund
29cash balance at the end of the current fiscal year is $____, resulting
30in reserves being ____ percent funded at this date.
31If an alternate, but generally accepted, method of calculation is
32also used, the required reserve amount is $____. (See attached
34(7) Based on the method of calculation in paragraph (4) of
35subdivision (b) of Section 5570 of the Civil Code, the estimated
36amount required in the reserve fund at the end of each of the next
37five budget years is $______, and the projected reserve fund cash
38balance in each of those years, taking into account only assessments
39already approved and other known revenues, is $______, leaving
P33 1the reserve at ______ percent funded. If the reserve funding plan
2approved by the association is implemented, the projected reserve
3fund cash balance in each of those years will be $______, leaving
4the reserve at ______ percent funded.
6Note: The financial representations set forth in this summary
7are based on the best estimates of the preparer at that time. The
8estimates are subject to change. At the time this summary was
9prepared, the assumed long-term before-tax interest rate earned
10on reserve funds was ____ percent per year, and the assumed
11long-term inflation rate to be applied to major component repair
12and replacement costs was ____ percent per year.
14(b) For the
purposes of preparing a summary pursuant to this
16(1) “Estimated remaining useful life” means the time reasonably
17calculated to remain before a major component will require
19(2) “Major component” has the meaning used in Section 5550.
20Components with an estimated remaining useful life of more than
2130 years may be included in a study as a capital asset or disregarded
22from the reserve calculation, so long as the decision is revealed in
23the reserve study report and reported in the Assessment and
24Reserve Funding Disclosure Summary.
25(3) The form set out in subdivision (a) shall accompany each
26annual budget report or summary thereof that is delivered pursuant
27to Section 5300. The form may be supplemented or modified to
28clarify the information delivered, so long as the minimum
29information set out in subdivision (a) is provided.
30(4) For the purpose of the report and summary, the amount of
31reserves needed to be accumulated for a component at a given time
32shall be computed as the current cost of replacement or repair
33multiplied by the number of years the component has been in
34service divided by the useful life of the component. This shall not
35be construed to require the board to fund reserves in accordance
36with this calculation.
Section 12955.9 of the Government Code is amended
(a) The provisions of this part relating to
2discrimination on the basis of familial status shall not apply to
3housing for older persons.
4(b) As used in this section, “housing for older persons” means
5any of the following:
6(1) Housing provided under any state or federal program that
7the Secretary of Housing and Urban Development determines is
8specifically designed and operated to assist elderly persons, as
9defined in the state or federal program.
10(2) Housing that meets the standards for senior housing in
11Sections 51.2, 51.3, and 51.4 of the Civil Code, except to the extent
12that those standards violate the prohibition of familial status
13discrimination in the federal Fair Housing Amendments Act of
141988 (Public Law 100-430) and implementing regulations.
15(3) Mobilehome parks that meet the standards for “housing for
16older persons” as defined in the federal Fair Housing Act, as
17amended by Public Law 104-76, and implementing regulations.
18(c) For purposes of this section, the burden of proof shall be on
19the owner to prove that the housing qualifies as housing for older
Section 65584.01 of the Government Code is amended
(a) For the fourth and subsequent revision of the
25housing element pursuant to Section 65588, the department, in
26consultation with each council of governments, where applicable,
27shall determine the existing and projected need for housing for
28each region in the following manner:
29(b) The department’s determination shall be based upon
30population projections produced by the Department of Finance
31and regional population forecasts used in preparing regional
32transportation plans, in consultation with each council of
33governments. If the total regional population forecast for the
34projection year, developed by the council of governments and used
35for the preparation of the regional transportation plan, is within a
36range of 3 percent of the total regional population forecast for the
37projection year by the Department of Finance, then the population
38forecast developed by the council of governments shall be the basis
39from which the department determines the existing and projected
40need for housing in the region. If the difference between the total
P35 1population projected by the council of governments and the total
2population projected for the region by the Department of Finance
3is greater than 3 percent, then the department and the council of
4governments shall meet to discuss variances in methodology used
5for population projections and seek agreement on a population
6projection for the region to be used as a basis for determining the
7existing and projected housing need for the region. If no agreement
8is reached, then the population projection for the region shall be
9the population projection for the region prepared by the Department
10of Finance as may be modified by the department as a result of
11discussions with the council of governments.
12(c) (1) At least 26 months prior to the scheduled revision
13pursuant to Section 65588 and prior to developing the existing and
14projected housing need for a region, the department shall meet and
15consult with the council of governments regarding the assumptions
16and methodology to be used by the department to determine the
17region’s housing needs. The council of governments shall provide
18data assumptions from the council’s projections, including, if
19available, the following data for the region:
20(A) Anticipated household growth associated with projected
22(B) Household size data and trends in household size.
23(C) The rate of household formation, or headship rates, based
24on age, gender, ethnicity, or other established demographic
26(D) The vacancy rates in existing housing stock, and the vacancy
27rates for healthy housing market functioning and regional mobility,
28as well as housing replacement needs.
29(E) Other characteristics of the composition of the projected
31(F) The relationship between jobs and housing, including any
32imbalance between jobs and housing.
department may accept or reject the information
34provided by the council of governments or modify its own
35assumptions or methodology based on this information. After
36consultation with the council of governments, the department shall
37make determinations in writing on the assumptions for each of the
38factors listed in subparagraphs (A) to (F), inclusive, of paragraph
39(1) and the methodology it shall use and shall provide these
40determinations to the council of governments.
P36 1(d) (1) After consultation with the council of governments, the
2department shall make a determination of the region’s existing
3and projected housing need based upon the assumptions and
4methodology determined pursuant to subdivision (c). The region’s
5existing and projected housing need shall reflect the achievement
6of a feasible balance between jobs and housing within the region
7using the regional employment projections in the applicable
8regional transportation plan. Within 30 days following notice of
9the determination from the department, the council of governments
10may file an objection to the department’s determination of the
11region’s existing and projected housing need with the department.
12(2) The objection shall be based on and substantiate either of
14(A) The department failed to base its determination on the
15population projection for the region established pursuant to
16subdivision (b), and shall identify the population projection which
17the council of governments believes should instead be used for the
18determination and explain the basis for its rationale.
19(B) The regional housing need determined by the department
20is not a reasonable application of the methodology and assumptions
21determined pursuant to subdivision (c). The objection shall include
22a proposed alternative determination of its regional housing need
23based upon the determinations made in subdivision (c), including
24analysis of why the proposed alternative would be a more
25reasonable application of the methodology and assumptions
26determined pursuant to subdivision (c).
27(3) If a council of governments files an objection pursuant to
28this subdivision and includes with the objection a proposed
29alternative determination of its regional housing need, it shall also
30include documentation of its basis for the alternative determination.
31Within 45 days of receiving an objection filed pursuant to this
32section, the department shall consider the objection and make a
33final written determination of the region’s existing and projected
34housing need that includes an explanation of the information upon
35which the determination was made.
Section 65863.10 of the Government Code is amended
(a) As used in this section, the following terms have
40the following meanings:
P37 1(1) “Affected public entities” means the mayor of the city in
2which the assisted housing development is located, or, if located
3in an unincorporated area, the chair of the board of supervisors of
4the county; the appropriate local public housing authority, if any;
5and the Department of Housing and Community Development.
6(2) “Affected tenant” means a tenant household residing in an
7assisted housing development, as defined in paragraph (3), at the
8time notice is required to be provided pursuant to this section, that
9benefits from the government assistance.
10(3) “Assisted housing development” means a multifamily rental
11housing development that receives governmental assistance under
12any of the following programs:
13(A) New construction, substantial rehabilitation, moderate
14rehabilitation, property disposition, and loan management set-aside
15programs, or any other program providing project-based assistance,
16under Section 8 of the United States Housing Act of 1937, as
17amended (42 U.S.C. Sec. 1437f).
18(B) The following federal programs:
19(i) The Below-Market-Interest-Rate Program under Section
20221(d)(3) of the National Housing Act (12 U.S.C. Sec. 1715 l(d)(3)
22(ii) Section 236 of the National Housing Act (12 U.S.C. Sec.
24(iii) Section 202 of the Housing Act of 1959 (12 U.S.C. Sec.
26(C) Programs for rent supplement assistance under Section 101
27of the Housing and Urban Development Act of 1965, as amended
28(12 U.S.C. Sec. 1701s).
29(D) Programs under Sections 514, 515, 516, 533, and 538 of
30the Housing Act of 1949, as amended (42 U.S.C. Sec. 1485).
31(E) Section 42 of the Internal Revenue Code.
32(F) Section 142(d) of the Internal Revenue Code or its
33predecessors (tax-exempt private activity mortgage revenue bonds).
34(G) Section 147 of the Internal Revenue Code (Section 501(c)(3)
36(H) Title I of the Housing and Community Development Act
37of 1974, as amended (Community Development Block Grant
P38 1(I) Title II of the Cranston-Gonzalez National Affordable
2Housing Act of 1990, as amended (HOME Investment Partnership
4(J) Titles IV and V of the McKinney-Vento Homeless Assistance
5Act of 1987, as amended, including the Department of Housing
6and Urban Development’s Supportive Housing Program, Shelter
7Plus Care Program, and surplus federal property disposition
9(K) Grants and loans made by the Department of Housing and
10Community Development, including the Rental Housing
11Construction Program, CHRP-R, and other rental housing finance
13(L) Chapter 1138 of the Statutes of 1987.
14(M) The following assistance provided by counties or cities in
15exchange for restrictions on the maximum rents that may be
16charged for units within a multifamily rental housing development
17and on the maximum tenant income as a condition of eligibility
18for occupancy of the unit subject to the rent restriction, as reflected
19by a recorded agreement with a county or city:
20(i) Loans or grants provided using tax increment financing
21pursuant to the Community Redevelopment Law (Part 1
22(commencing with Section 33000) of Division 24 of the Health
23and Safety Code).
24(ii) Local housing trust funds, as referred to in paragraph (3) of
25subdivision (a) of Section 50843 of the Health and Safety Code.
26(iii) The sale or lease of public property at or below market
28(iv) The granting of density bonuses, or concessions or
29incentives, including fee waivers, parking variances, or
30amendments to general plans, zoning, or redevelopment project
31area plans, pursuant to Chapter 4.3 (commencing with Section
33Assistance pursuant to this subparagraph shall not include the
34use of tenant-based Housing Choice Vouchers (Section 8(o) of the
35United States Housing Act of 1937, 42 U.S.C. Sec. 1437f(o),
36excluding subparagraph (13) relating to project-based assistance).
37Restrictions shall not include any rent control or rent stabilization
38ordinance imposed by a county, city, or city and county.
39(4) “City” means a general law city, a charter city, or a city and
P39 1(5) “Expiration of rental restrictions” means the expiration of
2rental restrictions for an assisted housing development described
3in paragraph (3) unless the development has other recorded
4agreements restricting the rent to the same or lesser levels for at
5least 50 percent of the units.
6(6) “Low or moderate income” means having an income as
7defined in Section 50093 of the Health and Safety Code.
8(7) “Prepayment” means the payment in full or refinancing of
9the federally insured or federally held mortgage indebtedness prior
10to its original maturity date, or the voluntary cancellation of
11mortgage insurance, on an assisted housing development described
12in paragraph (3) that would have the effect of removing the current
13rent or occupancy or rent and occupancy restrictions contained in
14the applicable laws and the regulatory agreement.
15(8) “Termination” means an owner’s decision not to extend or
16renew its participation in a federal, state, or local government
17subsidy program or private, nongovernmental subsidy program
18for an assisted housing development described in paragraph (3),
19either at or prior to the scheduled date of the expiration of the
20contract, that may result in an increase in tenant rents or a change
21in the form of the subsidy from project-based to tenant-based.
22(9) “Very low income” means having an income as defined in
23Section 50052.5 of the Health and Safety Code.
24(b) (1) At least 12 months prior to the anticipated date of the
25termination of a subsidy contract, the expiration of rental
26restrictions, or prepayment on an assisted housing development,
27the owner proposing the termination or prepayment of
28governmental assistance or the owner of an assisted housing
29development in which there will be the expiration of rental
30restrictions shall provide a notice of the proposed change to each
31affected tenant household residing in the assisted housing
32development at the time the notice is provided and to the affected
33public entities. An owner who meets the requirements of Section
3465863.13 shall be exempt from providing that notice. The notice
35shall contain all of the following:
36(A) In the event of termination, a statement that the owner
37intends to terminate the subsidy contract or rental restrictions upon
38its expiration date, or the expiration date of any contract extension
P40 1(B) In the event of the expiration of rental restrictions, a
2statement that the restrictions will expire, and in the event of
3prepayment, termination, or the expiration of rental restrictions
4whether the owner intends to increase rents during the 12 months
5following prepayment, termination, or the expiration of rental
6restrictions to a level greater than permitted under Section 42 of
7the Internal Revenue Code.
8(C) In the
event of prepayment, a statement that the owner
9intends to pay in full or refinance the federally insured or federally
10held mortgage indebtedness prior to its original maturity date, or
11voluntarily cancel the mortgage insurance.
12(D) The anticipated date of the termination, prepayment of the
13federal or other program or expiration of rental restrictions, and
14the identity of the federal or other program described in subdivision
16(E) A statement that the proposed change would have the effect
17of removing the current low-income affordability restrictions in
18the applicable contract or regulatory agreement.
19(F) A statement of the possibility that the housing may remain
20in the federal or other program after the proposed date of
21 termination of the subsidy contract or prepayment if the owner
22elects to do so under the terms of the federal government’s or other
23program operator’s offer.
24(G) A statement whether other governmental assistance will be
25provided to tenants residing in the development at the time of the
26termination of the subsidy contract or prepayment.
27(H) A statement that a subsequent notice of the proposed change,
28including anticipated changes in rents, if any, for the development,
29will be provided at least six months prior to the anticipated date
30of termination of the subsidy contract, or expiration of rental
31restrictions, or prepayment.
32(I) A statement of notice of opportunity to submit an offer to
33purchase, as required in Section 65863.11.
34(2) Notwithstanding paragraph (1), if an owner provides a copy
35of a federally required notice of termination of a subsidy contract
36or prepayment at least 12 months prior to the proposed change to
37each affected tenant household residing in the assisted housing
38development at the time the notice is provided and to the affected
39public entities, the owner shall be deemed in compliance with this
40subdivision, if the notice is in compliance with all federal laws.
P41 1However, the federally required notice does not satisfy the
2requirements of Section 65863.11.
3(c) (1) At least six months prior to the anticipated date of
4termination of a subsidy contract, expiration of rental restrictions
5or prepayment on an assisted housing development, the owner
6proposing the termination or prepayment of governmental
7assistance or the owner of an assisted housing development in
8which there will be the expiration of rental restrictions shall provide
9a notice of the proposed change to each affected tenant household
10residing in the assisted housing development at the time the notice
11is provided and to the affected public entities. An owner who meets
12the requirements of Section 65863.13 shall be exempt from
13providing that notice.
14(2) The notice to the tenants shall contain all of the following:
15(A) The anticipated date of the termination or prepayment of
16the federal or other program, or the expiration of rental restrictions,
17and the identity of the federal or other program, as described in
19(B) The current rent and rent anticipated for the unit during the
2012 months immediately following the date of the prepayment or
21termination of the federal or other program, or expiration of rental
23(C) A statement that a copy of the notice will be sent to the city,
24county, or city and county, where the assisted housing development
25is located, to the appropriate local public housing authority, if any,
26and to the Department of Housing and Community Development.
27(D) A statement of the possibility that the housing may remain
28in the federal or other program after the proposed date of subsidy
29termination or prepayment if the owner elects to do so under the
30terms of the federal government’s or other program administrator’s
31offer or that a rent increase may not take place due to the expiration
32of rental restrictions.
33(E) A statement of the owner’s intention to participate in any
34current replacement subsidy program made available to the affected
36(F) The name and telephone number of the city, county, or city
37and county, the appropriate local public housing authority, if any,
38the Department of Housing and Community Development, and a
39legal services organization, that can be contacted to request
P42 1additional written information about an owner’s responsibilities
2and the rights and options of an affected tenant.
3(3) In addition to the information provided in the notice to the
4affected tenant, the notice to the affected public entities shall
5contain information regarding the number of affected tenants in
6the project, the number of units that are government assisted and
7the type of assistance, the number of the units that are not
8government assisted, the number of bedrooms in each unit that is
9government assisted, and the ages and income of the affected
10tenants. The notice shall briefly describe the owner’s plans for the
11project, including any timetables or deadlines for actions to be
12taken and specific governmental approvals that are required to be
13obtained, the reason the owner seeks to terminate the subsidy
14contract or prepay the mortgage, and any contacts the owner has
15made or is making with other governmental agencies or other
16interested parties in connection with the notice. The owner shall
17also attach a copy of any federally required notice of the
18termination of the subsidy contract or prepayment that was
19provided at least six months prior to the proposed change. The
20information contained in the notice shall be based on data that is
21reasonably available from existing written tenant and project
23(d) The owner proposing the termination or prepayment of
24governmental assistance or the owner of an assisted housing
25development in which there will be the expiration of rental
26restrictions shall provide additional notice of any significant
27changes to the notice required by subdivision (c) within seven
28business days to each affected tenant household residing in the
29assisted housing development at the time the notice is provided
30and to the affected public entities. “Significant changes” shall
31include, but not be limited to, any changes to the date of
32termination or prepayment, or expiration of rental restrictions or
33the anticipated new rent.
34(e) An owner who is subject to the requirements of this section
35shall also provide a copy of any notices issued to existing tenants
36pursuant to subdivision (b), (c), or (d) to any prospective tenant at
37the time he or she is interviewed for eligibility.
38(f) This section shall not require the owner to obtain or acquire
39additional information that is not contained in the existing tenant
40and project records, or to update any information in his or her
P43 1records. The owner shall not be held liable for any inaccuracies
2contained in these records or from other sources, nor shall the
3owner be liable to any party for providing this information.
4(g) For purposes of this section, service of the notice to the
5affected tenants, the city, county, or city and county, the appropriate
6local public housing authority, if any, and the Department of
7Housing and Community Development by the owner pursuant to
8subdivisions (b) to (e), inclusive, shall be made by first-class mail
10(h) Nothing in this section shall enlarge or diminish the
11authority, if any, that a city, county, city and county, affected
12tenant, or owner may have, independent of this section.
13(i) If, prior to January 1, 2001, the owner has already accepted
14a bona fide offer from a qualified entity, as defined in subdivision
15(c) of Section 65863.11, and has complied with this section as it
16existed prior to January 1, 2001, at the time the owner decides to
17sell or otherwise dispose of the development, the owner shall be
18deemed in compliance with this section.
19(j) Injunctive relief shall be available to any party identified in
20paragraph (1) or (2) of subdivision (a) who is aggrieved by a
21violation of this section.
22(k) The Director of Housing and Community Development shall
23approve forms to be used by owners to comply with subdivisions
24(b) and (c). Once the director has approved the forms, an owner
25shall use the approved forms to comply with subdivisions (b) and
Section 17913 of the Health and Safety Code is
29amended to read:
(a) The department shall notify the entities listed in
31subdivision (c) of the dates that each of the international or uniform
32codes published by the specific organizations described in
33paragraphs (1) to (5), inclusive, of subdivision (a) of Section 17922
34are approved by the California Building Standards Commission
35pursuant to Section 18930 and the effective date of the model codes
36as established by the California Building Standards Commission.
37(b) The department may publish information bulletins regarding
38code enforcement as emergencies occur or at any other time the
39department determines appropriate.
P44 1(c) The department shall distribute the information described
2 in subdivision (a), and may distribute the information described
3in subdivision (b), to the following entities:
4(1) The building department in each county and city.
5(2) Housing code officials, fire service officials, professional
6associations concerned with building standards, and any other
7persons or entities the department determines appropriate.
Section 17921.3 of the Health and Safety Code is
Section 17921.9 of the Health and Safety Code is
Section 17922 of the Health and Safety Code is
16amended to read:
(a) Except as otherwise specifically provided by law,
18the building standards adopted and submitted by the department
19for approval pursuant to Chapter 4 (commencing with Section
2018935) of Part 2.5, and the other rules and regulations that are
21contained in Title 24 of the California Code of Regulations, as
22adopted, amended, or repealed from time to time pursuant to this
23chapter shall be adopted by reference, except that the building
24standards and rules and regulations shall include any additions or
25deletions made by the department. The building standards and
26rules and regulations shall impose substantially the same
27requirements as are contained in the most recent editions of the
28following international or uniform industry codes as adopted by
29the organizations specified:
30(1) The Uniform Housing Code of the International Conference
31of Building Officials, except its definition of “substandard
33(2) The International Building Code of the International Code
35(3) The International Residential Code of the International Code
37(4) The Uniform Plumbing Code of the International Association
38of Plumbing and Mechanical Officials.
39(5) The Uniform Mechanical Code of the International
40Association of Plumbing and Mechanical Officials.
P45 1(6) The National Electrical Code of the National Fire Protection
3(7) The International Existing Building Code of the International
5(b) In adopting building standards for approval pursuant to
6Chapter 4 (commencing with Section 18935) of Part 2.5 for
7publication in the California Building Standards Code and in
8adopting other regulations, the department shall consider local
9conditions and any amendments to the international or uniform
10codes referred to in this section. Except as provided in Part 2.5
11(commencing with Section 18901), in the absence of adoption by
12regulation, the most recent editions of the international or uniform
13codes referred to in this section shall be considered to be adopted
14one year after the date of publication of the applicable international
15or uniform codes.
16(c) Except as provided in Section 17959.5, local use zone
17requirements, local fire zones, building setback, side and rear yard
18requirements, and property line requirements are hereby
19specifically and entirely reserved to the local jurisdictions
20notwithstanding any requirements found or set forth in this part.
21(d) Regulations other than building standards which are adopted,
22amended, or repealed by the department, and building standards
23adopted and submitted by the department for approval pursuant
24to Chapter 4 (commencing with Section 18935) of Part 2.5,
25governing alteration and repair of existing buildings and moving
26of apartment houses and dwellings shall permit the replacement,
27retention, and extension of original materials and the continued
28use of original methods of construction as long as the hotel,
29lodginghouse, motel, apartment house, or dwelling, or portions
30thereof, or building and structure accessory thereto, complies with
31the provisions published in the California Building Standards Code
32and the other rules and regulations of the department or alternative
33local standards adopted pursuant to subdivision (b) of Section
3413143.2 or Section 17958.5 and does not become or continue to
35be a substandard building. Building additions or alterations which
36increase the area, volume, or size of an existing building, and
37foundations for apartment houses and dwellings moved, shall
38comply with the requirements for new buildings or structures
39specified in this part, or in building standards published in the
40California Building Standards Code, or in the other rules and
P46 1regulations adopted pursuant to this part. However, the additions
2and alterations shall not cause the building to exceed area or height
3limitations applicable to new construction.
4(e) Regulations other than building standards which are adopted
5by the department and building standards adopted and submitted
6by the department for approval pursuant to Chapter 4 (commencing
7with Section 18935) of Part 2.5 governing alteration and repair of
8existing buildings shall permit the use of alternate materials,
9appliances, installations, devices, arrangements, or methods of
10construction if the material, appliance, installation, device,
11arrangement, or method is, for the purpose intended, at least the
12equivalent of that prescribed in this part, the building standards
13published in the California Building Standards Code, and the rules
14and regulations promulgated pursuant to the provisions of this part
15in performance, safety, and for the protection of life and health.
16Regulations governing abatement of substandard buildings shall
17permit those conditions prescribed by Section 17920.3 which do
18not endanger the life, limb, health, property, safety, or welfare of
19the public or the occupant thereof.
20(f) A local enforcement agency may not prohibit the use of
21materials, appliances, installations, devices, arrangements, or
22methods of construction specifically permitted by the department
23to be used in the alteration or repair of existing buildings, but those
24materials, appliances, installations, devices, arrangements, or
25methods of construction may be specifically prohibited by local
26ordinance as provided pursuant to Section 17958.5.
27(g) A local ordinance may not permit any action or proceeding
28to abate violations of regulations governing maintenance of existing
29buildings, unless the building is a substandard building or the
30violation is a misdemeanor.
Section 17922.3 of the Health and Safety Code is
33amended to read:
Notwithstanding any other provision of law, a
35residential structure that is moved into, or within, the jurisdiction
36of a local agency or the department, shall not be treated as a new
37building or structure, but rather shall be treated, for the purposes
38of this part, as subject to Section 17958.9.
Section 17958.1 of the Health and Safety Code is
3amended to read:
Notwithstanding Sections 17922, 17958, and 17958.5,
5a city, county, or city and county may, by ordinance, permit
6efficiency units for occupancy by no more than two persons which
7have a minimum floor area of 150 square feet and which may also
8have partial kitchen or bathroom facilities, as specified by the
9ordinance. In all other respects, these efficiency units shall conform
10to minimum standards for those occupancies otherwise made
11applicable pursuant to this part.
12“Efficiency unit,” as used in this section, has the same meaning
13specified in the International Building Code of the International
14Code Council, as incorporated by reference in Part 2 of Title 24
15of the California Code of Regulations.
Section 17959.1 of the Health and Safety Code is
18amended to read:
(a) A city or county shall administratively approve
20applications to install solar energy systems through the issuance
21of a building permit or similar nondiscretionary permit. However,
22if the building official of the city or county has a good faith belief
23that the solar energy system could have a specific, adverse impact
24upon the public health and safety, the city or county may require
25the applicant to apply for a use permit.
26(b) A city or county may not deny an application for a use permit
27to install a solar energy system unless it makes written findings
28based upon substantial evidence in the record that the proposed
29installation would have a specific, adverse impact upon the public
30health or safety, and there is no feasible method to satisfactorily
31mitigate or avoid the specific, adverse impact. This finding shall
32include the basis for the rejection of potential feasible alternatives
33of preventing the adverse impact.
34(c) Any conditions imposed on an application to install a solar
35energy system must be designed to mitigate the specific, adverse
36impact upon the public health and safety at the lowest cost possible.
37(d) (1) A solar energy system shall meet applicable health and
38safety standards and requirements imposed by state and local
P48 1(2) A solar energy system for heating water shall be certified
2by the Solar Rating Certification Corporation (SRCC) or other
3nationally recognized certification agency. SRCC is a nonprofit
4third party supported by the United States Department of Energy.
5 The certification shall be for the entire solar energy system and
7(3) A solar energy system for producing electricity shall meet
8all applicable safety and performance standards established by the
9National Electrical Code, the Institute of Electrical and Electronics
10Engineers, and accredited testing laboratories such as Underwriters
11Laboratories and, where applicable, rules of the Public Utilities
12Commission regarding safety and reliability.
13(e) The following definitions apply to this section:
14(1) “A feasible method to satisfactorily mitigate or avoid the
15specific, adverse impact” includes, but is not limited to, any cost
16effective method, condition, or mitigation imposed by a city or
17county on another similarly situated application in a prior
18successful application for a permit. A city or county shall use its
19best efforts to ensure that the selected method, condition, or
20mitigation meets the conditions of subparagraphs (A) and (B) of
21paragraph (1) of subdivision (d) of Section 714 of the Civil Code.
22(2) “Solar energy system” has the meaning set forth in
23paragraphs (1) and (2) of subdivision (a) of Section 801.5 of the
25(3) A “specific, adverse impact” means a significant,
26quantifiable, direct, and unavoidable impact, based on objective,
27identified, and written public health or safety standards, policies,
28or conditions as they existed on the date the application was
Section 18080.5 of the Health and Safety Code is
32amended to read:
(a) A numbered report of sale, lease, or rental form
34issued by the department shall be submitted each time the following
35transactions occur by or through a dealer:
36(1) Whenever a manufactured home, mobilehome, or
37commercial coach previously registered pursuant to this part is
38sold, leased with an option to buy, or otherwise transferred.
39(2) Whenever a manufactured home, mobilehome, or
40commercial coach not previously registered in this state is sold,
P49 1rented, leased, leased with an option to buy, or otherwise
3(b) The numbered report of sale,
lease, or rental forms shall be
4used and distributed in accordance with the following terms and
6(1) A copy of the form shall be delivered to the purchaser.
7(2) All fees and penalties due for the transaction that were
8required to be reported with the report of sale, lease, or rental form
9shall be paid to the department within 10 calendar days from the
10date the transaction is completed, as specified by subdivision (e).
11Penalties due for noncompliance with this paragraph shall be paid
12by the dealer. The dealer shall not charge the consumer for those
14(3) Notice of the registration or transfer of a manufactured home
15or mobilehome shall be reported pursuant to subdivision (d).
16(4) The original report of sale, lease, or rental form, together
17with all required documents to report the transaction or make
18application to register or transfer a manufactured home,
19mobilehome, or commercial coach, shall be forwarded to the
20department. Any application shall be submitted within 10 calendar
21days from the date the transaction was required to be reported, as
22defined by subdivision (e).
23(c) A manufactured home, mobilehome, or commercial coach
24displaying a copy of the report of sale, lease, or rental may be
25occupied without registration decals or registration card until the
26registration decals and registration card are received by the
28(d) In addition to the other requirements of this section,
29dealer upon transferring by sale, lease, or otherwise any
30manufactured home or mobilehome shall, not later than the 10th
31calendar day thereafter, not counting the date of sale, give written
32notice of the transfer to the assessor of the county where the
33manufactured home or mobilehome is to be installed. The written
34notice shall be upon forms provided by the department containing
35any information that the department may require, after consultation
36with the assessors. Filing of a copy of the notice with the assessor
37in accordance with this section shall be in lieu of filing a change
38of ownership statement pursuant to Sections 480 and 482 of the
39Revenue and Taxation Code.
P50 1(e) Except for transactions subject to Section 18035.26, for
2purposes of this section, a transaction by or through a dealer shall
3be deemed completed and consummated and any fees and the
4required report of sale, lease, or rental are due when any of the
6(1) The purchaser of any commercial coach has signed a
7purchase contract or security agreement or paid any purchase price,
8the lessee of a new commercial coach has signed a lease agreement
9or lease with an option to buy or paid any purchase price, or the
10lessee of a used commercial coach has either signed a lease with
11an option to buy or paid any purchase price, and the purchaser or
12lessee has taken physical possession or delivery of the commercial
14(2) For sales subject to Section 18035, when all the amounts
15other than escrow fees and amounts for uninstalled or undelivered
16accessories are disbursed from the escrow account.
17(3) For sales subject to Section 18035.2, when the installation
18is complete and a certificate of occupancy is issued.
19(f) The department shall charge a fee, not to exceed forty-five
20dollars ($45), for processing the notice of disposal and any
21information required for completing the disposal process required
22pursuant to Sections 798.56a and 798.61 of the Civil Code.
23(g) Notwithstanding any other law, the Department of Housing
24and Community Development may adopt guidelines related to
25procedures and forms to implement the new disposal procedures
26in Chapter 376 of the Statutes of 2015, until regulations are adopted
27by the department to replace those guidelines.
Section 18935 of the Health and Safety Code is
30amended to read:
(a) Notice of proposed building standards shall be
32given and hearings shall be held by the adopting agencies, as
33required by the Administrative Procedure Act, prior to the adoption
34of the building standards and submission to the commission for
35approval. The notice of proposed building standards and the initial
36statement of reasons for the proposed building standards shall
37comply with Article 5 (commencing with Section 11346) of
38Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government
39Code. The adopting agency or state agency that proposes the
40building standards shall submit the notice and initial statement of
P51 1reasons for proposed building standards to the California Building
2Standards Commission, which shall review them for compliance
3with Article 5 (commencing with Section 11346) of Chapter 3.5
4of Part 1 of Division 3 of Title 2 of the Government Code. If the
5commission determines that the adopting agency or state agency
6that proposes the building standards has complied with Article 5
7(commencing with Section 11346) of Chapter 3.5 of Part 1 of
8Division 3 of Title 2 of the Government Code, the commission
9shall approve the notice and initial statement of reasons for
10proposed building standards, and submit the notice to the Office
11of Administrative Law for the sole purpose of inclusion in the
12California Regulatory Notice Register. The Office of
13Administrative Law shall publish only those notices of proposed
14building standards which have been approved by, and submitted
15to, the office by the California Building Standards Commission.
16(b) In order to ensure an absence of conflict between hearings
17and a maximum opportunity for interested parties to be heard, no
18hearings by adopting agencies shall be conducted unless the time
19 and place thereof has been approved in writing by the commission
20prior to public notices of the hearing being given by the adopting
22(c) If, after building standards are submitted to the commission
23for approval, the commission requires changes therein as a
24condition for approval, and the changes are made, no additional
25hearing by the affected state agency shall be required in connection
26with making the changes when the commission determines the
27changes are nonsubstantial, solely grammatical in nature, or are
28sufficiently related to the text submitted to the commission for
29approval that the public was adequately placed on notice that the
30change could result from the originally proposed building
Section 19990 of the Health and Safety Code is
34amended to read:
(a) Except as provided in Section 18930, the department
36shall adopt rules and regulations to interpret and make specific
37this part. The department shall adopt and submit building standards
38for approval pursuant to Chapter 4 (commencing with Section
3918935) of Part 2.5 of this division for the purposes described in
40this section. Standards adopted, amended, or repealed from time
P52 1to time by the department pursuant to this chapter shall include
2provisions imposing requirements reasonably consistent with
3recognized and accepted standards contained in the most recent
4editions of the following uniform industry codes
5as adopted or amended from time to time by the organizations
7(1) The Uniform Housing Code of the International Conference
8of Building Officials.
9(2) The International Building Code of the International Code
11(3) The International Residential Code of the International Code
13(4) The Uniform Plumbing Code of the International Association
14of Plumbing and Mechanical Officials.
15(5) The Uniform Mechanical Code of the International
16Association of Plumbing and Mechanical Officials.
17(6) The National
Electrical Code of the National Fire Protection
19(b) The department shall require every city and county to file
20with the department all wind pressure and snow load requirements
21in effect within their respective jurisdictions if these requirements
22differ from building standards published in the State Building
23Standards Code, on or before January 1 of each year. The
24department shall notify every manufacturer of factory-built housing
25of these requirements on or before March 1 of each year.
26(c) Except as provided in Section 18930, the department shall
27adopt other rules and regulations as it deems necessary to carry
28out this part. In promulgating these other rules and regulations the
29department shall consider any amendments to the model codes
30referred to in this section. In the event of any conflict with respect
31to factory-built housing between Part 1.5 (commencing with
32Section 17910) and this part, the requirements of this part shall
Section 50074 of the Health and Safety Code is
36amended to read:
“Housing sponsor,” for the purpose of housing assisted
38by the department, means any individual, joint venture, partnership,
39limited partnership, trust, corporation, limited equity housing
40cooperative, cooperative, local public entity, duly constituted
P53 1governing body of an Indian reservation or rancheria, tribally
2designated housing entity, or other legal entity, or any combination
3thereof, certified by the agency pursuant to rules and regulations
4of the agency as qualified to either own, construct, acquire, or
5rehabilitate a housing development, whether for profit, nonprofit,
6or organized for limited profit, and subject to the regulatory powers
7of the agency pursuant to rules and regulations of the agency and
8other terms and conditions set forth in this division. “Housing
9sponsor” includes persons and families of low or moderate income
10who are approved by the agency as eligible to own and occupy a
11housing development and individuals and legal entities receiving
12property improvement loans through the agency.
Section 50104.6.5 is added to the Health and Safety
15Code, to read:
“Tribally designated housing entity” means an entity
17as defined in Section 4103 of Title 25 of the United States Code.
18For the purposes of determining the eligibility of an applicant for
19funding under a program authorized by Part 2 (commencing with
20Section 50400), references to a local public entity, nonprofit
21corporation, nonprofit housing sponsor, or governing body of an
22Indian reservation or rancheria in any statute included in, or in any
23regulation promulgated to implement, Part 2 (commencing with
24Section 50400) shall be deemed to include a tribally designated
Chapter 4.7 (commencing with Section 50580) of
28Part 2 of Division 31 of the Health and Safety Code is repealed.
Section 50784.7 of the Health and Safety Code is
31amended to read:
(a) The department may make loans to resident
33organizations or qualified nonprofit sponsors from the Mobilehome
34Park Rehabilitation and Purchase Fund for the purpose of assisting
35lower income homeowners to do any of the following:
36(1) Make repairs to their mobilehomes.
37(2) Make accessibility-related upgrades to their mobilehomes.
38(3) Replace their mobilehomes.
39(b) Loans made pursuant to these provisions shall meet both of
40the following requirements:
P54 1(1) The applicant entity has received a loan or loans pursuant
2to Section 50783, 50784, or 50784.5 for the purpose of assisting
3homeowners within a park proposed for acquisition or conversion.
4(2) The applicant entity demonstrates sufficient organizational
5stability and capacity to manage a portfolio of individual loans
6over an extended time period. This capacity may be demonstrated
7by substantial successful experience performing similar activities
8or through other means acceptable to the department.
9(c) The department may adopt guidelines to implement this
Section 50800.5 of the Health and Safety Code is
13amended to read:
(a) There is hereby created in the State Treasury the
15Emergency Housing and Assistance Fund. Notwithstanding Section
1613340 of the Government Code, all money in the fund is
17continuously appropriated to the department to carry out the
18purposes of this chapter. Any repayments, interest, or new
19appropriations shall be deposited in the fund, notwithstanding
20Section 16305.7 of the Government Code. Money in the fund shall
21not be subject to transfer to any other fund pursuant to any
22provision of Part 2 (commencing with Section 16300) of Division
234 of Title 2 of the Government Code, except to the Surplus Money
25(b) All moneys in the Emergency Housing and Assistance Fund,
26created pursuant to Section 50800.5 as it existed prior to the
27effective date of the act that adds this chapter, shall be transferred,
28on the effective date of the act that adds this chapter, to the
29Emergency Housing and Assistance Fund created by subdivision
31(c) The department may require the transfer of moneys in the
32Emergency Housing and Assistance Fund to the Surplus Money
33Investment Fund for investment pursuant to Article 4 (commencing
34with Section 16470) of Chapter 3 of Part 2 of Division 4 of Title
352 of the Government Code. All interest, dividends, and pecuniary
36gains from these investments shall accrue to the Emergency
37Housing and Assistance Fund, notwithstanding Section 16305.7
38of the Government Code.
39(d) To the extent funds are made available by the Legislature,
40moneys in the fund may be used for the purposes of Chapter 19
P55 1(commencing with Section 50899.1) of Part 2 of Division 31 of
2the Health and Safety Code.
3(e) The Department of Housing and Community Development
4may transfer any unobligated Proposition 46 and Proposition 1C
5bond funds to the Housing Rehabilitation Loan Fund, less any
6funds needed for state operations to support outstanding awards
7as determined by the Department of Housing and Community
8Development, to be expended for the Multifamily Housing Program
9authorized by Chapter 6.7 (commencing with Section 50675), to
10be used for supportive housing for the target population identified
11in Section 50675.14.