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REAL ESTATE

| Jan. 10, 2019

Jan. 10, 2019

REAL ESTATE

• AB 1289 (Arambula) Revises definitions of several key terms appearing throughout portions of the Civil Code governing the transfer of real property and associated disclosure requirements, and makes various other technical and clarifying changes.

An act to amend Sections 1086, 1087, 1088, 1102, 1102.1, 1102.2, 1102.3, 1102.4, 1102.5, 1102.6a, 1102.6b, 1102.6c, 1102.9, 1102.155, 1103, 1103.1, 1103.2, 1103.3, 1103.4, 1103.5, 1103.8, 1103.9, 2079, 2079.6, 2079.7, 2079.8, 2079.9, 2079.10, 2079.10.5, 2079.10a, 2079.13, 2079.14, 2079.15, 2079.16, 2079.17, 2079.21, and 2079.22 of, to add Sections 1102.18, 1103.15, and 2079.25 to, to repeal Sections 1090, 1102.14, 1103.14, and 2079.18 of, and to repeal and add Section 1089 of, the Civil Code, relating to real estate.

• AB 1423 (Chiu) Revises a City and County of San Francisco granted lands statute’s definition of “affordable housing,” as specified, for seawall lot 322-1 and provides that affordable housing includes certain incidental or ancillary uses.

An act to amend Sections 1 and 2 of Chapter 757 of the Statutes of 2012, relating to housing.

• AB 1768 (Steinorth) This bill expands a pilot program that allows certain local housing authorities to provide gap financing for housing projects that include middle-income units.

An act to amend Section 34340 of the Health and Safety Code, relating to housing.

• AB 1771 (Bloom) Makes changes to the regional housing needs allocation (RHNA) plan objectives, methodology, distribution, and appeals process.

An act to amend Sections 65584, 65584.01, 65584.04, 65584.05, and 65584.06 of the Government Code, relating to housing.

• AB 1796 (Muratsuchi) Removes the exemption that allows lessors of dwellings subject to a residential rent control ordinance to deny requests of lessees to install electric vehicle (EV) charging stations at parking spaces, thereby requiring lessors of rent controlled dwellings to approve EV installation requests.

An act to amend Section 1947.6 of the Civil Code, relating to tenancy.

• AB 1919 (Wood) Expands the scope of the crime price gouging by including rental housing that was not on the market at the time of the proclamation or declaration of emergency. Defines the “rental price” of housing for purposes of price gouging.

An act to add Section 8588.8 to the Government Code, and to amend Section 396 of the Penal Code, relating to price gouging.

• AB 1943 (Waldron) This bill allows a registered owner of a mobilehome in a mobilehome park that is converted or proposed to be converted to a resident-owned park to submit written evidence of ownership as proof that they own, hold title to, or are purchasing the real property where the mobilehome is to be installed.

An act to amend Section 18551 of the Health and Safety Code, relating to manufactured housing, and declaring the urgency thereof, to take effect immediately.

• AB 2056 (Eduardo Garcia) Requires Mobilehome Park Rehabilitation and Resident Ownership Program (MPRROP) Fund loans issued after January 1, 2019 to be structured as deferred repayment loans, and allows loan funds to be used for rehabilitation of mobilehome parks, among other things.

An act to amend Sections 50784.5 and 50784.7 of, and to add Section 50784.6 to, the Health and Safety Code, relating to mobilehome parks, and making an appropriation therefor.

• AB 2173 (Santiago) This bill increases the threshold amount that triggers a commercial landlord’s duty to auction off personal property left behind when a commercial tenant vacates. In addition, this bill makes findings and declarations highlighting the difference between commercial and residential tenancies and justifying, on that basis, setting a higher threshold amount for the disposal of abandoned personal property in the commercial context.

An act to amend Sections 1993.04 and 1993.07 of the Civil Code, relating to personal property.

• AB 2219 (Ting) Requires landlords to allow a tenant to pay rent through a third party, subject to specified limitations.

An act to amend Section 1947.3 of the Civil Code, relating to tenancy.

• AB 2343 (Chiu) Enacts various procedural changes to landlord-tenant law, including specified extensions of time for tenants to respond to notices and eviction papers.

An act to amend Sections 1161 and 1167 of the Code of Civil Procedure, relating to real property.

• AB 2413 (Chiu) Expands protections for survivors of domestic violence and other types of abuse to not face eviction or other penalties on the basis of having summoned law enforcement or 9-1-1 emergency assistance on their own behalf, or on behalf of another, to respond to incidents of violence or abuse, as provided.

An act to add Section 1946.8 to the Civil Code, to amend Section 1161.3 of the Code of Civil Procedure, and to repeal and add Section 53165 of the Government Code, relating to tenancy.

• AB 2753 (Friedman) Makes changes to the density bonus application process.

An act to amend Section 65915 of the Government Code, relating to housing.

• AB 2847 (Rubio) Revises and recasts existing law on abandonment of the rental premises to be tailored specifically to commercial tenancy.

An act to amend Sections 1946 and 1951.3 of, and to add Section 1951.35 to, the Civil Code, relating to real property.

• AB 2884 (Irwin) Updates existing real estate laws to clarify terminology and reflect current practice in the field of real estate. Extends the authority of the Real Estate Commissioner to revoke a license that was issued in error or by mistake. Defines “salesperson” as a person retained by a real estate broker. Defines “retained” as the relationship between a broker and real estate licensee to perform real estate activities. Defines “responsible broker” as a broker responsible for the control of salespersons. Requires licensees to notify the commissioner whenever a licensee affiliates with or is retained by a real estate broker or terminates that agreement, in a manner specified by the commissioner. Allows for the copy of a contract to be delivered in print or via electronic means as soon as practicable and allows for the use of E-licenses. Clarifies the complaints that may be filed against a licensee and what must be reported to the commissioner. Authorizes a corporation, in the event of the death of the sole designated broker-officer, to continue operating and engaging in real estate business if notice is provided to the Bureau of Real Estate (BRE) within 10 days. The bill is paired with AB 1289 of the current legislative session, referred to the Committee on Judiciary, and the bills will only go into effect if the companion bill is also enacted.

An act to amend Sections 10001, 10016, 10027, 10050, 10131, 10133.1, 10133.2, 10137, 10140.6, 10142, 10143.5, 10144, 10158, 10159, 10159.6, 10159.7, 10164, 10176, 10177, 10178, 10179, 10186.2, 10232.3, 10238, 10243, 10509, 10561, 11212, and 11267 of, to add Sections 10010.5, 10015.1, 10015.2, 10015.3, 10015.4, 10015.5, 10018.01, 10018.02, 10018.03, 10018.04, 10018.05, 10018.06, 10018.07, 10018.08, 10018.09, 10018.10, 10018.11, 10018.13, 10018.14, 10018.15, 10018.16, and 10018.17 to, to repeal Sections 10132 and 10160 of, and to repeal and add Section 10161.8 of, the Business and Professions Code, relating to real estate.

• AB 2930 (Santiago) Extends authority, until January 1, 2024, for two nuisance-eviction pilot programs that conditionally allows city attorneys and prosecutors in authorized cities to bring eviction proceedings against tenants for committing nuisance violations involving unlawful weapons or controlled substances.

An act to amend Sections 3485 and 3486.5 of the Civil Code, relating to tenancy.

• AB 3041 (Cunningham). This bill prohibits developers from creating new property covenants, conditions, or restrictions that force subsequent owners to pay specially designated fees every time the property is transferred, unless the fee provides a “direct benefit” to the property, as defined in federal law.

An act to add Section 1098.6 to the Civil Code, relating to real estate transfer fees.

• AB 3066 (Mark Stone) Establishes the Mobilehome Residency Law Protection Program (MRLP), beginning July 1, 2020, within the Department of Housing and Community Development (HCD) to help coordinate the resolution of complaints from homeowners relating to the Mobilehome Residency Law (MRL).

An act to amend Sections 18021.7 and 18502 of, and to add and repeal Part 2.2 (commencing with Section 18800) of Division 13 of, the Health and Safety Code, relating to mobilehomes.

• SB 70 (Bates) This bill exempts a licensed real estate appraiser, until January 1, 2020, from a requirement in the Uniform Standards of Professional Appraisal Practice (USPAP) pertaining to a restricted appraisal report as long as the appraiser has received prior consent of the client and the report prepared by the licensee is not a federally related transaction or is not required to meet other requirements, as specified.

An act to amend Section 11319 of the Business and Professions Code, relating to real estate.

• SB 261 (Roth) This bill provides that a homeowner association (HOA) in a common interest development (CID) may provide a document by electronic means if the recipient has consented by email and reduces the notice requirement of a proposed rule change by the HOA board from 30 days to 28 days.

An act to amend Sections 4040 and 4360 of the Civil Code, relating to common interest developments.

• SB 818 (Beall) This bill permanently re-enacts the provisions of SB 900 (Leno, Chapter 87, Statutes of 2012), revises the circumstances under which servicers must give borrowers a single point of contact, and adds language providing that the amendment, addition, or repeal of any section or part of a section does not release, extinguish, or change any liability under the bill.

An act to amend Section 2924 of, to amend and repeal Sections 2923.4, 2923.5, 2923.6, 2923.7, 2924.12, 2924.15, and 2924.17 of, to add Sections 2923.55, 2924.9, 2924.10, 2924.18, and 2924.19 to, to repeal Section 2920.5 of, and to repeal and add Section 2924.11 of, the Civil Code, relating to mortgages.

• SB 861 (Committee on Budget and Fiscal Review) This bill makes statutory changes related to the National Mortgage Special Deposit Fund.

An act to amend Section 12531 of the Government Code, relating to the national mortgage settlement, and making an appropriation therefor, to take effect immediately, bill related to the budget.

• SB 988 (Galgiani) Requires a home inspector to include a specified notice in a home inspection report if the inspector observes any shade of yellow corrugated stainless steel tubing during a home inspection.

An act to add Section 7196.2 to the Business and Professions Code, relating to professions and vocations.

• SB 1016 (Allen) This bill prohibits any unreasonable restriction that effectively prohibits or restricts the installation or use of an EV (electric vehicle)-dedicated time-of-use (TOU) meter, as defined, in common interest developments (CIDs).

An act to amend Section 4745 of, and to add Section 4745.1 to, the Civil Code, relating to common interest developments.

• SB 1173 (Vidak) This bill requires a time share association, for properties found within a mixed use development in a homeowners association, to provide a list of timeshare owners to the homeowners association at least annually, and that providing this list shall satisfy annual notice requirements found within common interest development law.

An act to amend Section 4041 of the Civil Code, relating to common interest developments.

• SB 1183 (Morrell) This bill provides that specified, mortgage-related protections for survivors of mortgage borrowers do not apply to survivors of reverse mortgage borrowers.

An act to amend Section 2920.7 of the Civil Code, relating to mortgages and deeds of trust.

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