BILL NUMBER: AB 725 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 17, 2008
AMENDED IN SENATE APRIL 28, 2008
AMENDED IN SENATE MARCH 13, 2008
AMENDED IN SENATE MARCH 4, 2008
AMENDED IN ASSEMBLY JANUARY 24, 2008
AMENDED IN ASSEMBLY APRIL 24, 2007
INTRODUCED BY Assembly Members Lieber and DeVore
(Coauthors: Assembly Members Beall, Hancock, and Hayashi)
FEBRUARY 22, 2007
An act to add Section 50455.7 to the Health and Safety Code,
relating to housing.
LEGISLATIVE COUNSEL'S DIGEST
AB 725, as amended, Lieber. Housing: universal rental housing
application.
Existing law requires the California State Housing Plan to include
a housing strategy that coordinates housing assistance and
activities of state and local agencies.
This bill, on and after November 1, 2009, would require specified
rental housing providers to use and make available to prospective
tenants, not-for-profit agencies, and others upon request, a
universal rental housing application, to be developed by the
Department of Housing and Community Development in coordination with
specified governmental agencies, as provided. The bill would require
the department and specified governmental agencies to notify
specified rental housing providers of the requirements of these
provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 50455.7 is added to the Health and Safety Code,
to read:
50455.7. (a) (1) On and after November 1, 2009, a rental housing
provider as specified in subdivision (b) shall use and make available
to prospective tenants, not-for-profit housing assistance
organizations, public agencies, and others upon request, a universal
rental housing application, to be developed by the department under
subdivision (c). Nothing in this section prevents a rental housing
provider from requesting other reasonable
lawfully requesting other information not contained in this
application from prospective tenants.
(2) The rental housing provider shall require a rental agent or
property manager to do both of the following:
(A) Make the application available to any person who requests it,
including, if requested, the accessible formats developed under
subdivision (d).
(B) Post, in a prominent place on the leasing agent's or property
manager's Internet Web site, if any, a link to the page on the
department's Internet Web site containing the application and the
accessible formats.
(b) Subdivision (a) applies to a rental housing provider that has
received any of the following and whose rental housing units are
still subject to the rent restrictions pursuant thereto:
(1) A loan or grant from the department or the California Housing
Finance Agency.
(2) State or federal tax credits allocated by the Tax Credit
Allocation Committee.
(3) Tax-exempt bond authority allocated by the Debt Limit
Allocation Committee.
(c) By no later than August 1, 2009, and each time new
requirements or other changed circumstances require it, the
department shall develop and adopt a universal rental housing
application in coordination with the Tax Credit Allocation Committee,
the Debt Limit Allocation Committee, and the California Housing
Finance Agency.
(d) (1) The department shall develop the application in the
following accessible formats, in addition to the standard format:
(A) In plain English, with a large font.
(B) In plain English, with a large font and colored illustrations.
(2) Upon the request of the department, the State Council on
Developmental Disabilities shall advise and assist the department in
developing the accessible formats of the application required under
this subdivision.
(3) The application shall include this statement: "This
application is available, upon request, in plain English with large
print, and in plain English with large print and colored
illustrations. It also is available in an accessible, downloadable
text file at (insert the URL for the page on the department's
Internet Web site where this format is posted)."
(e) The department shall make the application available for public
review and comment 45 days prior to adopting the application.
(f) The information requested on the application form shall
include, but need not be limited to, all of the following:
(1) The name, age, and student status of each person who will live
in the household.
(2) All of the following regarding the applicant:
(A) Mailing address, contact telephone number, and any e-mail
address.
(B) The applicant's physical address, if any.
(C) Not less than two years of housing history.
(D) Detailed income information, including, but not limited to,
all of the following that apply:
(i) Current employment income and information, and employment
history for the past five years.
(ii) The amounts of and information on any pension or retirement
benefits.
(iii) The amounts of and information on any child, spousal, or
family support income.
(E) Information on current assets and on any asset that was
disposed for less than fair market value within the past
five two years.
(F) The information required under the guidelines in the United
States Department of Housing and Urban Development Handbook (HUD
4350.3, Rev. 1, Change 2).
(G) The information required on California Apartment Association
form 3.0-R, revised 1/08, "Application for Rent."
(H) The information required on the California Association of
Realtors form, "Application to Rent/Screening Fee" (C.A.R. Form
LRA) LRA, Rev. 4/03) , except that the
application shall include only the information required of the
applicant, and shall not include the screening fee.
(I) The Southern California Cities Apartment Association form,
"Application to Rent."
(I) The information required on the Apartment Association,
Southern California Cities form, "Application to Rent" (Rev. 1/08).
(g) In designing the form, the department shall consider the
format that the Tax Credit Allocation Committee uses on the following
forms:
(1) Tenant Income Certification (February 2004).
(2) Tenant Income Certification Questionnaire.
(3) Employment Verification (September 2000).
(4) Student Verification (September 2000).
(5) Certification of Zero Income (September 2000).
(6) Under $5,000 Asset Certification (September 2000).
(7) Child and Spousal Support (May 2007).
(8) Marital Separation Status Affidavit (May 2007).
(9) Student Financial Aid Verification (July 2006).
(h) The department shall post the application form and the
accessible formats developed under paragraph (1) of subdivision (d)
on its Internet Web site.
(i) The department, the Tax Credit Allocation Committee, the Debt
Limit Allocation Committee, and the California Housing Finance Agency
shall do both of the following:
(1) Notify the rental housing providers specified in subdivision
(b) of the requirements of this section after publishing the
application, and each time the department publishes a revised
application.
(2) Notify rental housing providers who receive the funds, tax
credits, or bond authority specified in subdivision (b) of the
requirements of this section when they receive the funds, tax
credits, or bond authority.
(j) The department shall release a request for proposal for the
development of the accessible formats required under subdivision (d),
including, but not limited to, at least one test with a focus group
of persons with diverse disabilities. The department shall not accept
any bid that is for more than five thousand dollars ($5,000). Any
requirement under this section relating to the accessible formats
shall not apply if the department does not accept a bid under this
subdivision for the development of the formats.
(k) (1) The department shall consider any subsequent changes made
to the forms listed in subparagraphs (G) to (I), inclusive, of
paragraph (2) of subdivision (f), but shall not be required to
include those changes in the application form developed under this
section.
(2) Nothing in this section shall be construed to require the
department to include any information in the application form
developed under this section that would be in violation of state or
federal law.
(k)
(l) The department's adoption of the universal rental
housing application and compliance with the other requirements of
this section shall not be subject to Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code. Nothing in this section shall authorize the department to adopt
or amend any regulation.