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Real Estate

By Brian Cardile | Jan. 10, 2018

Jan. 10, 2018

Real Estate

• AB 56 (Holden) Defines housing-related infrastructure for the purposes of programs administered through the California Infrastructure and Economic Development Bank (IBank), including projects funded through the Infrastructure State Revolving Fund (ISRF). Specifically, this bill: Defines housing-related infrastructure to mean city streets; drainage, water supply, and flood control; environmental mitigation measures; power and communications; public transit improvement that directly support transit oriented housing; sewage collection and treatment; and water treatment and distribution.

An act to amend Section 63010 of the Government Code, relating to housing, and making an appropriation therefor.

• AB 73 (Chiu) Allows a city or county to create a housing sustainability district to complete upfront zoning and environmental review in order to receive incentive payments for development projects that are consistent with the district’s ordinance.

An act to amend Section 65582.1 of, and to add Chapter 11 (commencing with Section 66200) to Division 1 of Title 7 of, the Government Code, and to add Chapter 4.3 (commencing with Section 21155.10) to Division 13 of the Public Resources Code, relating to land use.

• AB 291 (Chiu) Enacts the Immigrant Tenant Protection Act of 2017, to establish various protections and safeguards against the unauthorized disclosure of tenants’ immigration or citizenship status to federal immigration authorities or other parties, as well as potential harassment, retaliation, or discrimination against tenants based on their immigration or citizenship status, or perceived immigration or citizenship status.

An act to amend Section 6103.7 of the Business and Professions Code, to amend Sections 1940.2, 1940.3, and 1942.5 of, and to add Sections 1940.05, 1940.35, and 3339.10 to, the Civil Code, and to add Section 1161.4 to the Code of Civil Procedure, relating to housing.

• AB 294 (Gipson) This bill adds a deadline to the existing requirement that the management of a mobilehome park must disclose the name, business address, and business telephone number of the park owner upon request from a mobilehome owner. Specifically, this bill mandates park management to provide the required information within 10 business days of receiving a written request for it.

An act to amend Section 798.28 of the Civil Code, relating to mobilehome parks.

• AB 299 (Calderon) Expands existing prohibitions on cities and counties – rules that prohibit them from compelling landlords to take certain actions based on the immigration or citizenship status of tenants or prospective tenants – to also include state agencies and public entities, as defined.

An act to amend Section 1940.3 of the Civil Code, relating to hiring of real property.

• AB 352 (Santiago) This bill prohibits a city, county, or city and county that adopts an ordinance permitting efficiency units from placing specified limitations on the units.

An act to amend Section 17958.1 of the Health and Safety Code, relating to building standards.

• AB 367 (Obernolte) This bill exempts from the prohibition on the issuance of a building permit a residence that will be rebuilt because of a fire and provides that this is declaratory of existing law.

An act to amend Section 106.4 of the Water Code, relating to water.

• AB 494 (Bloom) Makes a number of changes to the Accessory Dwelling Unit (ADU) review process and standards.

An act to amend Section 65852.2 of the Government Code, relating to land use.

• AB 534 (Gallagher) This bill makes three modifications to the law so as to clarify and facilitate the operation of mechanic’s liens in the context of work performed on the common areas of common interest developments (CIDs). Specifically, this bill: (1) imputes to all owners a CID association’s authorization to perform work on a common area; (2) allows the claimant on a mechanic’s lien to notify the association instead of every individual owner; and (3) clarifies that an individual property owner within a CID can remove a mechanic’s lien that applies to multiple units within a CID by obtaining and recording a lien release bond for that owner’s pro rata share of the overall claim.

An act to amend Sections 4615 and 6658 of, and to add Sections 4620, 6660, and 8119 to, the Civil Code, relating to common interest developments.

• AB 549 (Quirk) Requires counties and cities, including charter counties and charter cities, to notify their respective fire agencies when they approve a permit for an electrified security fence.

An act to add Section 50031 to the Government Code, relating to local government.

• AB 634 (Eggman) Prohibits homeowner’s associations (HOAs) from requiring approval of the membership of the common interest development (CID) for installation of a solar energy system in specified locations, and clarifies provisions that allow the imposition of reasonable restrictions on solar energy systems.

An act to amend Sections 714.1 and 4600 of, and to add Section 4746 to, the Civil Code, relating to real property.

• AB 646 (Kalra) Requires landlords to make specified disclosures to tenants in every lease or rental agreement entered into on or after July 1, 2018, including that the rental property is located in a flood hazard area if actually known to the landlord.

An act to add Section 8589.45 to the Government Code, relating to rental property disclosures.

• AB 678 (Bocanegra) Makes a number of changes to the Housing Accountability Act (HAA).

An act to amend Section 65589.5 of the Government Code, relating to housing.

• AB 690 (Quirk-Silva) This bill requires a common interest development (CID) manager or management company to disclose certain information before entering into a management agreement with a homeowner’s association (HOA) and requires the HOA annual budget to contain specified information relating to charges for certain documents provided by the CID manager or management company.

An act to amend Section 11504 of the Business and Professions Code, and to amend Sections 4528, 4530, 5300, and 5375 of, and to add Sections 5375.5 and 5376 to, the Civil Code, relating to common interest developments.

• AB 879 (Grayson) Makes a number of changes to housing element law, and directs the Department of Housing and Community Development (HCD) to complete a study evaluating the reasonableness of local fees charged to new developments, as defined.

An act to amend Sections 65400, 65583, and 65700 of the Government Code, and to amend Section 50456 of the Health and Safety Code, relating to land use.

• AB 1086 (Daly) Makes changes to the process for determining the population projections for the Regional Housing Needs Assessment (RHNA) allocation.

An act to amend Sections 65584, 65584.01, and 65584.05 of the Government Code, relating to housing.

• AB 1139 (Reyes) Requires an advisory notice to potential homebuyers informing them of federal restrictions associated with private transfer fees that may make it more difficult to obtain home financing.

An act to amend Section 1098.5 of the Civil Code, relating to real property.

• AB 1148 (Steinorth) Defines the term “commercial property” for purposes of an existing statute regarding disclosures that are required to be made by owners or lessors of commercial property to prospective tenants.

An act to amend Section 1938 of the Civil Code, relating to commercial property, and declaring the urgency thereof, to take effect immediately.

• AB 1284 (Dababneh) Establishes requirements for Property Assessed Clean Energy (PACE) program administrators that must be met before PACE assessment contracts may be funded and recorded by a public agency, renames the California Finance Lenders Law (CFLL) as the California Financing Law (CFL), requires program administrators to be licensed under the CFL, and establishes a regulatory scheme for the oversight of PACE solicitors and PACE solicitor agents.

An act to amend, repeal, and add Section 10133.1 of the Business and Professions Code, and to amend Sections 22000, 22753, 22780 of, to amend the heading of Division 9 (commencing with Section 22000) of, to amend, repeal, and add Sections 22001, 22007, 22010, 22101, 22101.5, 22102, 22103, 22104, 22105, 22105.3, 22106, 22107, 22109, 22151, 22152, 22153, 22154, 22155, 22156, 22157, 22159, 22161, 22162, 22163, 22164, 22168, 22169, 22700, 22701, 22706, 22712, 22714, and 22716 of, to add Sections 22003.5, 22015, 22016, 22017, 22018, 22018.5, 22019, 22020, 22068, 22100.5, 22252, 22552, and 22758 to, and to add Chapter 3.5 (commencing with Section 22680) to Division 9 of, the Financial Code, relating to financial institutions, and declaring the urgency thereof, to take effect immediately.

• AB 1357 (Chu) Exempts a licensed roofing contractor from the unfair business practice restrictions for home inspections if specified conditions are met.

An act to amend Section 7197 of the Business and Professions Code, and to amend Section 1102.4 of the Civil Code, relating to home inspectors.

• AB 1397 (Low) Makes a number of changes to housing element law by revising what may be included in a locality’s inventory of land suitable for residential development.

An act to amend Sections 65580, 65583, and 65583.2 of the Government Code, relating to housing.

• AB 1412 (Choi) Authorizes a homeowners association (HOA) to use the last address provided in writing by the owner of a separate interest in a common interest development (CID) when the owner fails to provide notice of change of address. Limits the liability of a volunteer officer or director who does not own more than two residential separate interests in a development that is mixed use.

An act to amend Sections 4041 and 5800 of the Civil Code, relating to common interest developments.

• AB 1505 (Bloom) Authorizes the legislative body of a city or county to establish inclusionary housing requirements as a condition of the development of residential rental units, and allows the Department of Housing and Community Development to review inclusion ordinances in specified circumstances.

An act to amend Section 65850 of, and to add Section 65850.01 to, the Government Code, relating to land use.

• AB 1515 (Daly) Establishes, for purposes of the Housing Accountability Act (HAA), a reasonable person standard for deeming consistency, as specified, for a housing development project or emergency shelter.

An act to amend Section 65589.5 of the Government Code, relating to land use.

• AB 1521 (Bloom) Strengthens the Preservation Notice Law regarding the preservation of assisted housing developments by requiring an owner of an assisted housing development to accept a bona fide offer to purchase from a qualified purchaser, if specified requirements are met, and by giving the Department of Housing and Community Development (HCD) additional enforcement authority.

An act to amend Sections 65863.10 and 65863.11 of the Government Code, relating to land use.

• AB 1598 (Mullin) Allows a city or county to create an affordable housing authority (authority) to fund affordable housing and affordable workforce housing, similar to a Community Revitalization and Investment Authority (CRIA).

An act to add Division 5 (commencing with Section 62250) to Title 6 of the Government Code, relating to housing.

• AB 1637 (Gloria) Allows a housing authority in the City of San Diego or County of Santa Clara to implement a pilot program to develop and finance middle-income housing developments.

An act to add and repeal Article 4.5 (commencing with Section 34340) of Chapter 1 of Part 2 of Division 24 of the Health and Safety Code, relating to housing.

• SB 2 (Atkins) This urgency bill establishes the Building Homes and Jobs Act and imposes a $75 fee on real estate transaction documents, excluding commercial and residential real estate sales, to provide funding for affordable housing.

An act to add Section 27388.1 to the Government Code, and to add Chapter 2.5 (commencing with Section 50470) to Part 2 of Division 31 of the Health and Safety Code, relating to housing, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately.

• SB 35 (Wiener) This bill creates a streamlined, ministerial approval process for infill developments in localities that have failed to meet their regional housing needs assessment (RHNA) numbers.

An act to amend Sections 65400 and 65582.1 of, and to add and repeal Section 65913.4 of, the Government Code, relating to housing.

• SB 167 (Skinner) This bill makes several changes to the Housing Accountability Act (HAA).

An act to amend Section 65589.5 of the Government Code, relating to housing.

• SB 173 (Dodd) This bill removes, as of July 1, 2018, the California Bureau of Real Estate (CalBRE) from the Department of Consumer Affairs (DCA) and instead renames the Bureau the Department of Real Estate (DRE) and places it within the Business, Consumer Services, and Housing Agency (BCSH).

An act to amend, repeal, and add Sections 30, 101, 10004, 10005, and 10050 of the Business and Professions Code, and to amend, repeal, and add Section 12804 of the Government Code, relating to real estate.

• SB 329 (Leyva) This bill requires all state and local programs designed to facilitate home ownership or residence to include manufactured housing.

An act to add Section 65852.35 to the Government Code, relating to housing.

• SB 330 (Berryhill) This bill permits a locality to waive or reduce all building permit fees for improvements to the home of a veteran with a qualifying disability that are made to accommodate that disability.

An act to add Section 17951.5 to the Health and Safety Code, relating to housing.

• SB 407 (Wieckowski) This bill clarifies the rights of homeowners and residents in commoninterest developments (CIDs) to engage in politically expressive activities within the CID. Specifically, this bill makes it unlawful for a CID’s governing documents or operating rules to prohibit homeowners or residents from: assembling peacefully; inviting public officials, candidates for public office, and representatives of homeowner organizations to meet with homeowners and residents as well as their invitees and guests; using common areas for political meetings; canvassing and petitioning other CID members and residents; and distributing information, without prior permission, about matters of general public political concern and matters relating specifically to life in the CID.

An act to add Section 4515 to the Civil Code, relating to common interest developments.

• SB 479 (Morrell) This bill raises, from $425 to $475, the maximum amount that a trustee may demand and receive for trustee’s or attorney’s fees arising out of a foreclosure sale. This bill also recasts the existing provisions that set forth the formula for calculating maximum fees associated with a trustee’s sale, thus making them easier to read and understand.

An act to amend Sections 2924c and 2924d of the Civil Code, relating to real property.

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