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Jan. 3, 2024

HOUSING AND REAL ESTATE

• AB 12, Haney. Tenancy: security deposits. Prohibits tenants from having to pay more than one month's rent as a security deposit for furnished or unfurnished rental property, subject to certain exceptions. An act to amend, repeal, and add Section 1950.5 of the Civil Code, relating to tenancy.

• AB 42, Ramos. Tiny homes: temporary sleeping Cabins: fire sprinkler requirements. Prohibits, until January 1, 2027, a local agency from imposing or enforcing a requirement to provide fire sprinklers in temporary sleeping Cabins, as defined, for people experiencing or at risk of homelessness if certain conditions are met. An act to add and repeal Section 17922.4 of the Health and Safety Code, relating to housing.

• AB 129, Committee on Budget. Housing. This trailer bill contains the necessary changes to implement the 2023 Budget Act related to housing and homelessness. An act to amend Sections 12804, 14684.3, 65589.9, 65589.11, 65852.24, 65912.114, and 65912.124 of, and to amend, repeal, and add Section 54221 of, the Government Code, to amend Sections 17036, 50199.21, 50216, 50218.6, 50218.7, 50220.8, 50704.83, 50900, and 53559 of, to add Section 17008.7 to, and to add Chapter 6.5 (commencing with Section 50230) to Part 1 of Division 31 of, the Health and Safety Code, to add Section 17131.13 to the Revenue and Taxation Code, and to amend Section 8257 of, and to add Section 8257.01 to, the Welfare and Institutions Code, relating to housing, and making an appropriation thereof, to take effect immediately, bill related to the budget.

• AB 225, Grayson. Real property: environmental hazards booklet. Requires, as existing resources permit, or as private resources are made available, the Homeowners' Guild to Environmental Hazards to be updated and include new sections on wildfire, climate change, and sea level rise, as specified. An act to add Section 10084.2 to the Business and Professions Code, and to amend Section 13261 of the Health and Safety Code, relating to property.

• AB 318, Addis. Mobilehome Residency Law Protection Act. Extends the sunset on the Mobilehome Residency Law Protection Program (MRLPP), which provides for the administrative review and referral of complaints alleging violations of the Mobilehome Residency Law (MRL), from January 1, 2024 to January 1, 2027, and makes several changes to the program, as specified. An act to amend Sections 18802, 18805, and 18806 of the Health and Safety Code, relating to mobilehomes.

• AB 319, Connolly. Mobilehome Parks Act: inspectors: conflict of interest: enforcement actions: sunset. This bill extends the sunset date on the Mobilehome Parks Maintenance (MPM) inspection program by one year, and requires the Department of Housing and Community Development (HCD) to establish policies related to conflict of interest reporting for mobilehome park inspectors. An act to amend Sections 18400.1, 18424, and 18502 of, and to add Chapter 8 (commencing with Section 18710) to Part 2.1 of Division 13 of, the Health and Safety Code, relating to mobilehomes.

• AB 323, Holden. Density Bonus Law: purchase of density bonus units by nonprofit housing organizations: civil actions. Limits the ability of developers to sell deed-restricted units intended for owner-occupancy to purchasers that would rent the unit. An act to add Section 714.7 to the Civil Code, and to amend Section 65915 of the Government Code, relating to land use.

• AB 342, Valencia. Architects and real estate appraisers: applicants and licensees: demographic information. Authorizes the California Architects Board (Board) and the Bureau of Real Estate Appraisers (Bureau) to request that a licensee identify their race, ethnicity, sexual orientation, gender, or gender identity when an initial license is issued or at the time of license renewal. An act to add Sections 5552.2 and 11347 to the Business and Professions Code, relating to professions and vocations.

• AB 434, Grayson. Housing element: notice of violation. Adds specified housing laws to the list of laws that the Department of Housing and Community Development (HCD) is required to enforce. An act to amend Section 65585 of the Government Code, relating to housing.

• AB 519, Schiavo. Affordable Housing Finance Workgroup: affordable housing: consolidated application and coordinated review process. Creates an Affordable Housing Finance Workgroup (workgroup) to create a consolidated application for affordable housing developers to use to access state housing funding programs and a coordinated review process for the application. An act to add Chapter 10 (commencing with Section 50300) to Part 1 of Division 31 of the Health and Safety Code, relating to housing.

• AB 529, Gabriel. Adaptive reuse projects. Requires the Department of Housing and Community Development (HCD) to convene a working group regarding adaptive reuse residential projects, including identifying and recommending amendments to state building standards, and makes other changes to state law related to adaptive reuse projects. An act to amend Section 65589.9 of the Government Code, and to add Section 17921.9 to the Health and Safety Code, relating to adaptive reuse. • AB 548, Boerner. State Housing Law: inspection. Requires local enforcement agencies to develop policies and procedures for inspecting multiple units in a building if an inspector or code enforcement officer has determined that a unit in that building is substandard or is in violation of state habitability standards. An act to add Section 17970.7 to the Health and Safety Code, relating to housing.

• AB 572, Haney. Common interest developments: imposition of assessments. Caps annual increases in regular assessments on deed-restricted affordable housing units in certain homeowners associations (HOAs) at 5% plus the percentage change in cost of living, not to exceed 10% greater than the preceding regular assessment, for certain HOAs that record their original declaration on or after January 1, 2025. An act to amend Section 5605 of the Civil Code, relating to common interest developments.

• AB 648, Valencia. Common interest developments: procedures: meetings by teleconference. This bill authorizes a homeowners association (HOA) to conduct a board or member meeting entirely by teleconference without any physical location, if certain conditions are met. An act to amend Section 4090 of, and to add Section 4926 to, the Civil Code, relating to common interest developments.

• AB 671, Ward. CalHome Program: accessory dwelling units. Requires the Department of Housing and Community Development (HCD) to allow community land trusts (CLT) to use CalHOME funds purchase a property, construct accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) on the property, and separately lease or sell those units to qualified owners. An act to amend Section 50650.3 of the Health and Safety Code, relating to housing.

• AB 785, Santiago. California Environmental Quality Act: exemption: City of Los Angeles: County of Los Angeles: affordable housing and transitional housing. Adds a new exemption from the California Environmental Quality Act (CEQA) for affordable housing projects and transitional housing projects for youth and young adults, as defined, located in the City of Los Angeles or unincorporated areas in the County of Los Angeles. Revises an existing exemption for shelters ("low barrier navigation centers") and supportive housing projects in Los Angeles to extend its application to projects in unincorporated areas. Sunsets all exemptions in 2030. An act to amend Section 21080.27 of the Public Resources Code, relating to environmental quality.

• AB 812, Boerner. Housing development approvals: reserving affordable units in or near a cultural district for artists. Authorizes local governments to set aside 10% of any locally-required affordable housing units for artists within one-half mile of a state designated cultural district or within a locally designated cultural district. An act to add Section 65914.8 to the Government Code, relating to housing.

• AB 894, Friedman. Parking requirements: shared parking. Requires local agencies to allow developments to count underutilized and shared parking spaces toward a parking requirement imposed by the agency, under specified conditions. An act to add Section 65863.1 to the Government Code, relating to land use.

• AB 911, Schiavo. Unlawfully restrictive covenants: affordable housing. Establishes a process for a prospective purchaser of a property to receive notification if a county counsel has authorized the county recorder to record a modification document removing covenants that restrict the number, size, or location of affordable housing units that may be built on the property. An act to amend Section 714.6 of the Civil Code, relating to real property.

• AB 932, Ting. Accessory dwelling units: Accessory Dwelling Unit Program: reports. This bill requires the California Housing Finance Agency (CalHFA) to conduct an analysis of its Accessory Dwelling Units (ADU) Program and report its findings to the Legislature by January 1, 2025. An act to add Section 51532 to the Health and Safety Code, relating to land use.

• AB 968, Grayson. Single-family residential property: disclosures. Establishes a new disclosure obligation on a seller of single-family residential property to alert would-be buyers about recent renovations to the property. An act to add Section 1102.6h to the Civil Code, relating to real property.

• AB 976, Ting. Accessory dwelling units: owner-occupancy requirements. Makes permanent the existing prohibition on local government's ability to require owner-occupancy on a parcel containing an Accessory Dwelling Unit (ADU). An act to amend Section 65852.2 of the Government Code, relating to land use.

• AB 1033, Ting. Accessory dwelling units: local ordinances: separate sale or conveyance. Allows cities and counties that have a local accessory dwelling unit (ADU) ordinance to allow ADUs to be sold separately or conveyed from the primary residence as condominiums. An act to amend Sections 65852.2 and 65852.26 of the Government Code, relating to housing.

• AB 1114, Haney. Planning and zoning: housing development projects: post-entitlement phase permits. This bill expands the post-entitlement permits subject to timelines for review and approval to include all building permits as specified, whether discretionary or nondiscretionary. An act to amend Section 65913.3 of the Government Code, relating to housing.

• AB 1218, Lowenthal. Development projects: demolition of residential dwelling units. Amends the demolition protections for existing housing applicable to development projects. An act to amend Sections 65912.114, 65912.124, 65940, and 66300 of, to add the headings of Article 1 (commencing with Section 66300) and Article 3 (commencing with Section 66301) to, and to add Article 2 (commencing with Section 66300.5) to, Chapter 12 of Division 1 of Title 7 of, the Government Code, relating to land use.

• AB 1280, Maienschein. Fire hazard severity zones: disclosures. This bill revises the Natural Hazard Disclosure Statement that must be provided by a property seller to a potential buyer to include more specific disclosures regarding whether the property falls within current local, or state, high and very high fire hazard severity zones. An act to amend Section 1103.2 of the Civil Code, relating to real property.

• AB 1285, Wicks. Homeless Housing, Assistance, and Prevention program and Encampment Resolution Funding program. Requires continuums of care (CoCs) that share geographic boundaries with a city or county using state funding allocated pursuant to round five of the Homeless Housing, Assistance, and Prevention (HHAP) program or the Encampment Resolution Program (ERP) funding to additionally include in their regionally coordinated homelessness action plans evidence and an explanation of their collaboration with the city or county that specifies how people served through encampment resolution have or will be included in prioritization for permanent housing within coordinated entry systems (CESs). An act to amend Section 50233 of the Health and Safety Code, relating to housing.

• AB 1287, Alvarez. Density Bonus Law: maximum allowable residential density: additional density bonus and incentives or concessions. Requires a city, county, or city and county to grant additional density and concessions and incentives if an applicant agrees to include additional low or moderate income units on top of the maximum amount of units for lower, very low, or moderate income units. An act to amend Section 65915 of the Government Code, relating to housing.

• AB 1307, Wicks. California Environmental Quality Act: noise impact: residential projects. For purposes of residential projects reviewed under the California Environmental Quality Act (CEQA), provides that the effects of noise generated by occupants and guests on human beings is not a significant effect on the environment. Further provides that public universities are not required, in an environmental impact report (EIR) prepared for a residential or mixed-use housing project, to consider alternatives to the location of the project if specified requirements are met An act to add Sections 21085 and 21085.2 to the Public Resources Code, relating to environmental quality, and declaring the urgency thereof, to take effect immediately.

• AB 1308, Quirk-Silva. Planning and Zoning Law: single-family residences: parking requirements. This bill prohibits a public agency from increasing the minimum parking requirement that applies to a single-family residence as a condition of approval of a project to remodel, renovate, or add to a single-family residence. An act to add Section 65863.3 to the Government Code, relating to land use.

• AB 1317, Wendy Carrillo. Unbundled parking. Adopts a pilot program that requires property owners of new multi-family residential properties in certain counties to unbundle the cost of parking from the cost of the housing unit. An act to add Section 1947.1 to the Civil Code, relating to tenancy.

• AB 1319, Wicks. Bay Area Housing Finance Authority: housing revenue. Modifies how the Bay Area Housing Finance Authority (BAHFA) may collect and expend revenue. An act to amend Sections 64502, 64511, 64520, 64521, 64621, 64622, 64627, 64631, 64632, and 64650 of, and to add Section 64523 to, the Government Code, relating to local government.

• AB 1332, Juan Carrillo. Accessory dwelling units: preapproved plans. Requires local governments to create a program for the pre-approval of Accessory Dwelling Units (ADUs). An act to add Section 65852.27 to the Government Code, relating to local government.

• AB 1377, Friedman. Homeless Housing, Assistance, and Prevention Program. Requires applications or planning materials for state funding through the Homeless Housing, Assistance, and Prevention (HHAP) program appropriated on or after July 1, 2024, to include data and a narrative summary quantifiable steps that the applicant has taken to improve the delivery of housing and services to people experiencing homelessness or at risk of homelessness on transit facilities owned and operated by a transit agency. An act to amend Section 50218.5 of the Health and Safety Code, relating to homelessness.

• AB 1418, McKinnor. Tenancy: local regulations: contact with law enforcement or criminal convictions. Limits the ability of local governments to adopt local ordinances, rules, policies, programs, or regulations to penalize a tenant's contact with law enforcement, or require landlords to adopt policies or procedures that do so. An act to add Section 53165.1 to, and to amend the heading of Article 10 (commencing with Section 53165) of Chapter 1 of Part 1 of Division 2 of Title 5 of, the Government Code, relating to tenancy.

• AB 1449, Alvarez. Affordable housing: California Environmental Quality Act: exemption. This bill exempts certain housing affordable housing projects from the California Environmental Quality Act (CEQA), as specified. An act to add and repeal Section 21080.40 of the Public Resources Code, relating to housing.

• AB 1474, Reyes. California Statewide Housing Plan. This bill adds veterans to the list of population groups that the Department of Housing and Community Development (HCD) must consider in the Statewide Housing Plan (SHP), and adds the Department of Veterans Affairs (CalVet) to the list of state departments HCD must consult with in the development of the state's housing strategy. An act to amend Sections 50422 and 50423 of the Health and Safety Code, relating to housing.

• AB 1485, Haney. Housing element: enforcement: Attorney General. Grants the Department of Housing and Community Development (HCD) and the Office of the Attorney General (OAG) the unconditional right to intervene in any suit brought to enforce specified housing laws. An act to add Section 65585.01 to the Government Code, relating to housing.

• AB 1490, Lee. Affordable housing development projects: adaptive reuse. Makes an affordable housing project that adaptively reuses an existing building an allowable use under specified conditions, and limits the local government from imposing specified requirements, notwithstanding any inconsistencies between the project and any local plans, zoning, or regulations. An act to add Sections 65913.12 and 65960.1 to the Government Code, relating to housing.

• AB 1508, Ramos. Department of Housing and Community Development: California Statewide Housing Plan. This bill requires the Department of Housing and Community Development (HCD) to incorporate analyses of first-time homebuyer assistance programs, recommendations to increase homeownership opportunities for first-time homebuyers, and a demographic disparities in homeownership attainment in future updates to the Statewide Housing Plan (SHP). An act to amend Section 50426 of the Health and Safety Code, relating to housing.

• AB 1528, Gipson. Housing authorities: property taxation. Makes clear that property held by a nonprofit public benefit corporation that is controlled by a public housing authority (PHA) is included in the existing exemption from taxation. An act to amend Section 34400 of the Health and Safety Code, relating to housing.

• AB 1607, Wendy Carrillo. Los Angeles County Affordable Housing Solutions Agency. Allows the Los Angeles County Affordable Housing Solutions Agency (LACAHSA) to transfer a portion of revenue raised by a tax measure to the County of Los Angeles for programs that provide supports and services to prevent and combat homelessness. An act to amend Sections 64710, 64717, and 64830 of the Government Code, relating to local government.

• AB 1620, Zbur. Costa-Hawkins Rental Housing Act: permanent disabilities: comparable or smaller units. Allows a jurisdiction with rent control to require an owner of a rent-controlled unit to allow a tenant with a permanent physical disability to relocate to an available comparable or smaller unit located on an accessible floor of the property and retain their same rental rate. An act to amend Section 1954.53 of the Civil Code, relating to real property.

• AB 1633, Ting. Housing Accountability Act: disapprovals: California Environmental Quality Act. Provides that a disapproval under the Housing Accountability Act (HAA) includes a local agency's failure to make a determination of whether a project is exempt from the California Environmental Quality Act (CEQA), abuse of discretion, or failure to adopt certain environmental documents under specified circumstances, and makes several other changes, until January 1, 2031. An act to amend Section 65589.5 of the Government Code, relating to housing.

• AB 1734, Jones-Sawyer. Local Government: Surplus Land Act: exemptions. Creates, until January 1, 2034, a specific process under the Surplus Lands Act (SLA) for the disposition of land in the City of Los Angeles for affordable housing and low barrier navigation centers. An act to add and repeal Section 54222.3.1 of the Government Code, relating to local government.

• AB 1764, Committee on Housing and Community Development. Housing omnibus. This bill makes various technical or clarifying changes to Health and Safety, Civil, and Government Codes relating to housing and community development. An act to amend Section 11003.4 of the Business and Professions Code, to amend Sections 1950.6, 5103, and 5105 of the Civil Code, to amend Sections 65850.01, 65863.10, and 65912.101 of the Government Code, to amend Sections 17928, 17974.1, 17998.1, 17998.2, 18062.8, 18931.6, 50091, 50408.1, 50423, 50459, 50468, 50783, 53559, and 53591 of the Health and Safety Code, and to amend Section 5849.11 of the Welfare and Institutions Code, relating to land use.

• SB 4, Wiener. Planning and zoning: housing development: higher education institutions and religious institutions. This bill requires a housing development project to be a "use by right" on land owned by an independent institution of higher education or a religious institution, as specified. An act to add and repeal Section 65913.16 of the Government Code, relating to housing.

• SB 20, Rubio. Joint powers agreements: regional housing trusts. Authorizes two or more local agencies to enter into a joint powers agreement (JPA) to create a regional housing trust (housing trust) to fund housing for people experiencing homelessness and persons and families of extremely low-, very low-, and low-income within their jurisdictions. An act to add Section 6539.1 to the Government Code, relating to joint powers.

• SB 34, Umberg. Surplus land disposal: violations: County of Orange. This bill prohibits Orange County, or any city located therein, from proceeding with a planned disposal of surplus land if it receives a notice of violation (NOV) from the Department of Housing and Community Development (HCD) and the violation is not corrected within 60 days. An act to add and repeal Section 54230.8 of the Government Code, relating to surplus land.

• SB 240, Ochoa Bogh. Surplus state real property: affordable housing and housing for formerly incarcerated individuals. Adds housing for formerly incarcerated individuals as a priority in the disposal of state surplus land and provides that these projects are a use by-right. An act to amend Section 11011.1 of the Government Code, relating to surplus state real property.

• SB 267, Eggman. Credit history of persons receiving government rent subsidies. This bill prohibits a landlord, in instances involving a government rent subsidy, from using credit history as part of the rental housing application process unless the landlord offers the applicant the option to provide lawful, verifiable alternative evidence of reasonable ability to pay the portion of the rent to be paid by the tenant, including, but not limited to, government benefit payments, pay records, and bank statements. An act to amend Section 12955 of the Government Code, relating to housing.

• SB 341, Becker. Housing development. This bill makes changes to state housing funding programs. An act to amend Section 65589.9 of the Government Code, to amend Section 53559 of the Health and Safety Code, relating to housing.

• SB 406, Cortese. California Environmental Quality Act: exemption: financial assistance: residential housing. This bill establishes an exemption from the California Environmental Quality Act of 1970 (CEQA) for actions taken by a local agency to provide financial assistance or insurance for low and moderate income residential housing. An act to amend Section 21080.10 of the Public Resources Code, relating to environmental quality.

• SB 423, Wiener. Land use: streamlined housing approvals: multifamily housing developments. This bill extends the sunset on SB 35 (Wiener, Chapter 366, Statutes of 2017) to January 1, 2036, and makes other changes, as specified. An act to amend Section 65913.4 of the Government Code, relating to land use.

• SB 439, Skinner. Special motions to strike: priority housing development projects. This bill creates a special motion to strike a challenge to the approval or permitting of an affordable housing project modeled after California's anti-Strategic Lawsuit against Public Participation (SLAAP) statute. An act to amend Section 904.1 of, and to add Section 425.19 to, the Code of Civil Procedure, relating to civil actions.

• SB 455, McGuire. State of emergency: mortgage servicers: disasters. This bill provides responsibilities for transferor and transferee mortgage servicers related to a mortgage secured by real property located within the geographic limits of a proclaimed emergency, as specified. An act to add Article 4 (commencing with Section 2968) to Chapter 2 of Title 14 of Part 4 of Division 3 of the Civil Code, relating to mortgages.

• SB 469 (Allen) Housing: publicly funded low-rent housing projects. This bill provides that Article 34 requirements do not apply to housing developments that receive funding from specified state housing programs. An act to amend Section 37001 of the Health and Safety Code, relating to housing.

• SB 482, Blakespear. Multifamily Housing Program: supportive housing: capitalized operating reserves. This bill explicitly requires the Department of Housing and Community Development (HCD) to offer capitalized operating reserves to supportive housing units developed under the Multifamily Housing Program (MHP). An act to amend Sections 50675.2, 50675.5, and 50675.14 of the Health and Safety Code, relating to housing.

• SB 520, Seyarto. Property taxation: homeowners' exemption. This bill ensures that the homeowners' exemption from property tax continues to apply if the taxpayer is not occupying their home because they are confined to a hospital or other care facility. An act to amend Section 218 of the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy.

• SB 555, Wahab. Stable Affordable Housing Act of 2023. This bill creates the Stable Affordable Housing Act of 2023 (Act) for the purposes of studying the development of social housing through a mix of acquisition and new production. An act to add Chapter 5.6 (commencing with Section 50610) to Part 2 of Division 31 of the Health and Safety Code, relating to housing.

• SB 567, Durazo. Termination of tenancy: no-fault just causes: gross rental rate increases. Makes revisions to the no-fault just cause eviction provisions of the Tenant Protection Act of 2019 (TPA) and provides additional enforcement mechanisms for violations of restrictions on residential rent increases and no-fault just cause evictions, to take effect April 1, 2024. An act to amend, repeal, and add Sections 1946.2 and 1947.12 of the Civil Code, relating to tenancy.

• SB 593, Wiener. Redevelopment: successor agency debt: City and County of San Francisco. This bill allows San Francisco's redevelopment successor agency to finance certain affordable housing projects using the successor agency's property tax revenue. An act to amend Section 34177.7 of the Health and Safety Code, relating to housing.

• SB 684, Caballero. Land use: streamlined approval processes: development projects of 10 or fewer residential units on urban lots under 5 acres. This bill requires local agencies to ministerially approve subdivision maps for specified projects in urban areas that include 10 or fewer housing units. An act to add Sections 65852.28, 65913.4.5, and 66499.41 to the Government Code, relating to land use.

• SB 712, Portantino. Tenancy: personal micromobility devices. This bill prohibits a landlord from prohibiting a tenant from owning personal micromobility devices, as defined, or from storing and recharging up to one personal micromobility device in their dwelling unit for each person occupying the unit, subject to certain conditions and exceptions. An act to add Section 1940.41 to the Civil Code, relating to tenancy.

• SB 713, Padilla. Planning and zoning: density bonuses: development standard. This bill clarifies that for purposes of state density bonus law (DBL) "development standards" means those adopted by the local government or enacted by the local government's electorate exercising its local initiative or referendum power, whether that power is derived from the California Constitution, statute, or the charter or ordinances of the local government. An act to amend Section 65915 of the Government Code, relating to land use.

• SB 734, Rubio. Property tax: possessory interests. Codifies the existing interpretation of the State Board of Equalization (BOE) regarding possessory interests in low-income residential units in a joint powers authority (JPA). An act to add Section 107.10 to the Revenue and Taxation Code, relating to taxation, to take effect immediately, tax levy.

• SB 747, Caballero. Land use: surplus land. This bill makes various changes to the Surplus Land Act (SLA) regarding the disposal process, exemptions, and penalties for violations. An act to amend Sections 54222, 54222.5, 54223, 54224, 54225, 54226, 54227, 54230, and 54230.5 of, and to amend and repeal Section 54221 of, the Government Code, relating to local government.

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