BILL NUMBER: AB 1448	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 14, 2015
	AMENDED IN ASSEMBLY  MAY 6, 2015
	AMENDED IN ASSEMBLY  APRIL 23, 2015

INTRODUCED BY   Assembly Member Lopez

                        FEBRUARY 27, 2015

   An act to add Sections 1940.20 and 4750.10 to the Civil Code,
relating to real property.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1448, as amended, Lopez. Personal energy conservation: real
property restrictions.
   (1) Existing law requires a landlord to permit a tenant to
participate in personal agriculture in portable containers approved
by the landlord if certain conditions are met, including, among
others, that the plant crop will not interfere with the maintenance
of the rental property.
   This bill would, subject to reasonable time and place
requirements, require a landlord to permit a tenant to utilize a
clothesline or drying rack, as defined, approved by the landlord in
the tenant's private area, as defined, if certain conditions are met,
including, among others, that the clothesline or drying rack will
not interfere with the maintenance of the rental property.
   (2) Under existing law, any provision of a governing document, as
defined, that effectively prohibits or unreasonably restricts the use
of a homeowner's backyard for personal agriculture, as defined, is
void and unenforceable, unless it imposes a reasonable restriction,
as defined, on the use of a homeowner's backyard.
   This bill would make any provision of a governing document, as
defined, void and unenforceable if it effectively prohibits or
unreasonably restricts the use of  a homeowner's backyard for
the use of a clothesline, as defined,   a clothesline
 or a drying rack,  as defined, in an owner's yard, 
except that reasonable restrictions, as defined, would be
enforceable. The bill would specify that these provisions would only
apply to yards that are designated for the exclusive use of the
 homeowner.   owner. 
   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 1940.20 is added to the Civil Code, immediately
following Section 1940.10, to read:
   1940.20.  (a) For purposes of this section, the following
definitions shall apply:
   (1) "Clothesline" includes a cord, rope, or wire from which
 clothes   laundered items  may be hung to
dry or air.  A balcony, railing, awning, or other part of a
structure or building shall not qualify as a clothesline. 
   (2) "Drying rack" means an apparatus from which  clothes
  laundered items  may be hung to dry or air. 
A balcony, railing, awning, or other part of a structure or building
shall not qualify as a drying rack. 
   (3) "Private area" means an outdoor area or an area in the tenant'
s premises enclosed by a wall or fence with access from a door of the
premises.
   (b)  Subject to reasonable time or location restrictions,
a landlord shall permit a   A    tenant
 to   may  utilize a clothesline or drying
rack  if  approved by the  landlord  
landlord, and subject to reasonable time or location restrictions,
 in the tenant's private area if all of the following conditions
are met:
   (1) The clothesline or drying rack shall not interfere with the
maintenance of the rental property.
   (2) The clothesline or drying rack shall not create a health or
safety hazard, block doorways, or interfere with walkways or utility
service equipment.
   (3) The tenant seeks the landlord's consent before affixing a
clothesline to a building.
  SEC. 2.  Section 4750.10 is added to the Civil Code, immediately
following Section 4750, to read:
   4750.10.  (a) For purposes of this section, "clothesline" 
has the same definition as in Section 1940.20.  
includes a cord, rope, or wire from which laundered items may be hung
to dry or air. A balcony, railing, awning, or other part of a
structure or building shall not qualify as a clothesline.  
   (b) For purposes of this section, "drying rack" means an apparatus
from which laundered items may be hung to dry or air. A balcony,
railing, awning, or other part of a structure or building shall not
qualify as a drying rack.  
   (b) 
    (c)  Any provision of a governing document, as defined
in Section 4150, shall be void and unenforceable if it effectively
prohibits or unreasonably restricts  a homeowner's 
 an owner's  ability to use a  backyard 
clothesline or drying  rack.   rack in the owner'
s yard.  
   (c) 
    (d)  (1) This section does not apply to provisions that
impose reasonable restrictions on  a homeowner's 
 an owner's  yard for the use of a clothesline or drying
rack.
   (2) For purposes of this section, "reasonable restrictions" are
restrictions that do not significantly increase the cost of using a
clothesline or drying rack.
   (3) This section applies only to yards that are designated for the
exclusive use of the  homeowner.   owner. 

   (d) 
    (e) Nothing in this section shall prohibit an
association from establishing and enforcing reasonable rules
governing clotheslines or drying racks.