BILL ANALYSIS                                                                                                                                                                                                    






SENATE HOUSING & LAND USE COMMITTEE     Amended:   3/13/96
Senator Henry Mello, Acting Chairman    Set:  First
                                        Hearing:  4/15/96
                                        Fiscal:  No
                                        Consultant:  Yee

AB 616 - Morrow


                    OCCUPANCY STANDARDS

 Background and Existing Law:

In some California cities, large families, multiple  
families, and groups of unrelated individuals crowd into  
limited housing.  Overcrowding places burdens on the  
infrastructure and overloads city services, including  
police and fire protection.  In some cases, overcrowded  
homes jeopardize the residentso lives and safety.

The California Code of Regulations, which includes the 1991  
Uniform Housing Code, contains residential occupancy  
standards.  A home must have at least one room of 120  
square feet.  Additional rooms must have at least 70 square  
feet.  Two people can occupy each room and for each  
additional 50 square feet, an additional person can occupy  
the room.  The Code does not distinguish between a bedroom,  
living room, dining room, and kitchen.  All rooms can be  
used for sleeping except bathrooms, hallways, closets, and  
stairwells.

A city or county can adopt more stringent occupancy  
standards but  only if  it makes express findings that the  
changes are reasonably necessary because of local climatic,  
geological, or topographical conditions.

The California Fair Employment and Housing Act (FEHA) makes  
it unlawful to discriminate against any person in any  
housing accommodation on the basis of familial status.  The  
State Department of Fair Employment and Housing (DFEH)  
administers and enforces the FEHA.  Generally, DFEH  
recognizes an oinformalo occupancy limit of two persons per  
bedroom plus one additional person (2+1) for the entire  
dwelling unit, but they evaluate each complaint  
individually for any intentional discrimination.






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The federal Fair Housing Amendments Act of 1988 (FHAA)  
prohibits housing discrimination on the basis of familial  
status.  The FHAA expressly does not limit the  
applicability of any reasonable occupancy standards adopted  
by state and local governments.

Local fire officials say that the 1991 Uniform Housing Code  
formula for computing maximum residential occupancy is not  
clear.  They want to clarify the occupancy standard in  
statute. 

 


Proposed Law:

Assembly Bill 616 changes the Uniform Housing Code maximum  
occupancy standard by defining the phrase oa room used for  
sleeping purposes,o to mean habitable spaces designed and  
intended to be used as bedrooms.  AB 616 requires that the  
Uniform Housing Code occupancy formula apply only to  
bedrooms and not to living, dining, and kitchens.  

AB 616 also specifies that this standard is not intended to  
displace existing occupants and may be applied to occupancy  
changes after January 1, 1997.
 

Argument in Favor:

 Dense population.  Unable to afford better housing, many  
families cram into overcrowded homes.  People are sleeping  
in bedrooms, living rooms, dining rooms, and kitchens.   
Overcrowding creates problems for neighborhoods:   
additional traffic, insufficient parking, exacerbate fire  
and police services, and overcrowd schools.  Local  
officials recognize the resulting health and safety  
problems, but they canot adopt more restrictive occupancy  
standards.  AB 616 makes the statewide residential  
occupancy standards stricter by specifying that the maximum  
occupancy formula applies only to bedrooms.  The standards  
will reduce the number of people allowed to live in a home,  
thereby reducing overcrowding problems.


 Argument Against:





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 No where to go.  The lack of affordable housing makes it  
difficult for families to find accommodations, especially  
families with limited financial resources.  Lower income  
households can only afford smaller one, two, or three  
bedroom apartments, duplexes, or single family homes.  A  
drastic change in occupancy standards is inconsistent with  
statewide housing policy to promote affordable housing.  AB  
616 will increase homelessness and exacerbate the housing  
shortages statewide.  Larger households will find it more  
difficult to find adequate housing.


 Other Comments:

1.   Invalid.  City of Santa Ana passed an ordinance  
increasing the minimum size of the largest room to 150  
square feet and requiring 100 square feet for each  
additional occupant.  When challenged by an apartment  
resident, the Appellate Court ruled that Santa Anaos  
ordinance was invalid because the City did not comply with  
the statutory procedures (Briseno vs. City of Santa Ana).   
Local officials must rely on the statewide occupancy  
standard.

2.   Inconclusive experiment.  In Santa Ana, nine fire  
deaths in 13 months resulted from overcrowded units.  In  
one fire, the Fire Department could not save two children  
and one adult who lived in a five-bedroom house occupied by  
25 people.  Santa Ana officials argue that fire danger  
increases when more people and more ostuffo are permitted  
in a unit.  Crowded dwellings are a fire hazard because  
fire spreads faster in rooms with high fuel load conditions  
-- mattresses, clothing, furniture, etc.  But an experiment  
by the Santa Ana Fire Department demonstrated the opposite  
because fire in a crowded room did not burn as hot or as  
fast as fire in a room more sparsely furnished.   
Ironically, the crowded room had too much fuel and not  
enough oxygen.  Officials concluded that overcrowding is  
just one of many factors influencing the speed and spread  
of a fire.  Ventilation, the size and shape of a room, and  
the layout of the furnishings determine how a fire burns. 

3.   Do occupancy and building standards coincide?  Homes  
are designed and built to accommodate a limited number of  
persons.  Overcrowded homes place greater demands on  





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appliances, electrical, plumbing, and air conditioning  
systems.  Overusing these systems (beyond their design  
capacity) can result in health and safety problems.  Is  
there enough hot water?  Is the sewer line large enough?   
Can additional appliances be use without overloading the  
electrical system?  The Committee may wish to consider if  
the proposed occupancy standards coincide with the minimum  
building code standards.  

4.   Fair housing.  Both the California Fair Employment and  
Housing Act (FEHA) and the federal Fair Housing Amendments  
Act of 1988 (FHAA) prohibit housing discrimination on the  
basis of familial status.  Neither law designates a  
specific occupancy standard, and  the State Department of  
Fair Employment and Housing (DFEH), which administers the  
FEHA, does not recognize the Uniform Housing Code occupancy  
limits.  DFEH uses an oinformalo standard of two persons  
per bedroom plus one additional person (2+1) for the entire  
dwelling unit and they evaluate each complaint for any  
intentional discrimination.  If the Committee agrees with  
DFEHos 2+1 standard, the Committee may wish to consider an  
amendment that would incorporate this standard.

5.   Property ownerso decision.  Local government officials  
say that slum landlords donot care how many people live in  
a rental unit as long as they pay the rents.  Local  
governments want to enforce a reasonable occupancy standard  
if a landlord ignores an overcrowding problem that is  
detrimental to the tenants or a neighborhood.  But property  
owners are responsible to keep premises fit for occupancy  
and they must pay the cost to maintain the home.  The  
Uniform Housing Code specifies a occupancy limit but  
property owners can impose a stricter occupancy limit if  
there is no violation of the FHAA and FEHA.  Since property  
owners have the financial obligation to maintain the home,  
shouldnot they be able to decide how many persons should  
occupy a unit? 

6.   Try and try again.  As its basic building and housing  
code, California adopts the International Conference of  
Building Officials (ICBO) model building code.  California  
makes changes to the model code to suit the stateos unique  
circumstances.  Periodically, ICBO reviews proposals to  
change the model codes.  During the last two years, ICBO  
rejected two attempts by the Orange Empire Chapter to  
restrict the occupancy standards in the Uniform Housing  





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Code. 

7.   Other attempts.  AB 2908 (Goldsmith, 1996) allows a  
residential property owner to establish a reasonable, non  
discriminatory occupancy standard.

SB 1477 (Bergeson, 1994) would have allowed a city or  
county to adopt residential occupancy standards that are  
more stringent than the 1991 Uniform Housing Code standards  
because of local conditions.  SB 1477 died in the Senate  
Judiciary Committee.

AB 1703 (Goldsmith, 1993) would have allowed rental  
property owners to establish occupancy standards.  AB 1703  
died in the Assembly Housing and Community Development  
Committee.

8.   Double-referral.  The Senate Rules Committee has  
directed two policy committees to review AB 616.  The  
Housing and Land Use Committee hears the bill first, then  
it must go to the Senate Judiciary Committee.
 

 Assembly Actions:

     Housing and Community Development Committee:   6-5
     Floor:                             41-35


 Support and Opposition:  (4/10/96)

 Support:  Alto-Richardson Bay Fire Protection District,  
California Apartment Association, California State  
Firefighterso Association, Cities of Anaheim, Brea,  
Burlingame, Camarillo, Carpinteris, Costa Mesa, Culver  
City, Cupertino, Dana Point, Irvine, Laguna Hills, La  
Palma, Mission Viejo, Newport Beach, Orange, Oxnard, San  
Bernardino, San Clemente, San Juan Capistrano, San Mateo,  
Santa Barbara, Santa Maria, Seal Beach, Stanton, Stockton,  
Vista, and Wasco, City of Fullerton Fire Department, City  
of Hayward Fire Department, Contra Costa County Fire  
Protection District, County of Tulare, Florin Fire  
Protection District, Forestville Fire Protection District,  
League of California Cities, League of California  
Cities-Orange County Division, Meeks Bay Fire Protection  
District, Menlo Park Fire Protection District, Russian  





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River Fire Protection District, Sanger Fire Department.

 Opposition:  California Building Officials, Cities of Los  
Angeles and San Francisco, Housing California, Protection &  
Advocacy, Western Center on Law and Poverty.