BILL NUMBER: SB 1252 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Corbett
FEBRUARY 19, 2010
An act to amend Section 12955.1 of the Government Code, relating
to fair housing.
LEGISLATIVE COUNSEL'S DIGEST
SB 1252, as introduced, Corbett. Fair housing: multifamily
dwellings.
The existing California Fair Employment and Housing Act (FEHA)
makes it unlawful to discriminate against any person in any housing
accommodation on the basis of race, color, religion, sex, marital
status, national origin, ancestry, familial status, or disability.
The act permits the Department of Fair Employment and Housing to
engage in affirmative actions to prevent and provide for effective
remedies against housing discrimination, as defined.
This bill would make technical, nonsubstantive changes to the
definition of the term "discrimination."
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12955.1 of the Government Code is amended to
read:
12955.1. (a) For purposes of Section 12955, "discrimination"
includes, but is not limited to, a failure to design and construct a
covered multifamily dwelling in a manner that allows access to, and
use by, disabled persons by providing, at a minimum, the following
features:
(1) All covered multifamily dwellings shall have at least one
building entrance on an accessible route, unless it is impracticable
to do so because of the terrain or unusual characteristics of the
site. The burden of establishing impracticability because of terrain
or unusual site characteristics is on the person or persons who
designed or constructed the housing facility.
(2) All covered multifamily dwellings with a building entrance on
an accessible route shall be designed and constructed in a manner
that complies with all of the following requirements :
(A) The public and common areas are readily accessible to ,
and usable by , persons with disabilities.
(B) All the doors designed to allow passage into and within all
premises are sufficiently wide to allow passage by persons in
wheelchairs.
(C) All premises within covered multifamily dwelling units contain
the following features of adaptable design:
(i) An accessible route into and through the covered dwelling
unit.
(ii) Light switches, electrical outlets, thermostats, and other
environmental controls in accessible locations.
(iii) Reinforcements in bathroom walls to allow later installation
of grab bars around the toilet, tub, shower stall, and shower seat,
where those facilities are provided.
(iv) Useable kitchens and bathrooms so that an individual in a
wheelchair can maneuver about the space.
(b) (1) For purposes of Section 12955, "discrimination" includes,
but is not limited to, a failure to design and construct 10 percent
of the multistory dwelling units in buildings without an elevator
that consist of at least four condominium dwelling units or at least
three rental apartment dwelling units in a manner that incorporates
an accessible route to the primary entry level entrance and that
meets the requirements of paragraph (2) of subdivision (a) with
respect to the ground floor, at least one bathroom on the primary
entry level and the public and common areas. Any fraction thereof
shall be rounded up to the next whole number. For purposes of this
subdivision, "elevator" does not include an elevator that serves only
the first ground floor or any nonresidential area. In multistory
dwelling units in these buildings without elevators, the "primary
entry level entrance" means the principal entrance through which most
people enter the dwelling unit, as designated by the California
Building Standards Code or, if not designated by California Building
Standards Code, by the building official. To determine the total
number of multistory dwelling units subject to this subdivision, all
multistory dwelling units in the buildings subject to this
subdivision on a site shall be considered collectively. This
subdivision shall not be construed to require an elevator within an
individual multistory dwelling unit or within a building subject to
this subdivision. This subdivision shall apply only to multistory
dwelling units in a building subject to this subdivision for which an
application for a construction permit is submitted on or after July
1, 2005.
(2) Notwithstanding subdivision (c), the Division of the State
Architect and the Department of Housing and Community Development may
adopt regulations to clarify, interpret, or implement this
subdivision, if either of them deem it necessary and appropriate.
(c) Notwithstanding Section 12935, regulations adopting building
standards necessary to implement, interpret, or make specific the
provisions of this section shall be developed by the Division of the
State Architect for public housing and by the Department of Housing
and Community Development for all other residential occupancies, and
shall be adopted pursuant to Chapter 4 (commencing with Section
18935) of Part 2.5 of the Health and Safety Code. Prior to the
effective date of regulations adopted pursuant to this subdivision,
existing federal accessibility standards that provide, to persons
with disabilities, greater protections than existing state
accessibility regulations shall apply. After regulations pursuant to
this subdivision become effective, particular state regulations shall
apply if they provide, to persons with disabilities, the same
protections as, or greater protections than, the federal standards.
If particular federal regulations provide greater protections than
state regulations, then those federal standards shall apply. If the
United States Department of Housing and Urban Development determines
that any portion of the state regulations are not equivalent to the
federal standards, the federal standards shall, as to those portions,
apply to the design and construction of covered multifamily
dwellings until the state regulations are brought into compliance
with the federal standards. The appropriate state agency shall
provide notice pursuant to the Administrative Procedure Act (Chapter
5 (commencing with Section 11500) of Part 5 of Division 3 of Title 2)
of that determination.
(d) In investigating discrimination complaints, the department
shall apply the building standards contained in the California
Building Standards Code to determine whether a covered multifamily
dwelling is designed and constructed for access to and use by
disabled persons in accordance with this section.
(e) The building standard requirements for persons with
disabilities imposed by this section shall meet or exceed the
requirements under the federal Fair Housing Amendments Act of 1988
(P.L. 100-430) and its implementing regulations (24 C.F.R. 100.1 et
seq.) and the existing state law building standards contained in the
California Building Standards Code.