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. AB 616 - 3/13/96 Page 2 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: AB 616 - 3/13/96 Page 3 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 AB 616 - 3/13/96 Page 4 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 AB 616 - 3/13/96 Page 5 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 AB 616 - 3/13/96 Page 6 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.