HOUSING

• 2021 Assembly Housing & Real Estate Law

• AB 68 (Quirk-Silva) Revises and modernizes the quadrennial Statewide Housing Plan and expands the requirements of the annual report from the Department of Housing and Community Development (HCD). act to add Section 50408.1 to, to add Chapter 1.5 (commencing with Section 50420) to Part 2 of Division 31 of, and to repeal Sections 50450, 50451, 50452, 50453, and 50454 of, the Health and Safety Code, relating to housing.

• AB 140 (Committee on Budget). This bill provides for several statutory changes necessary to implement the housing and homelessness provisions of the Budget Act of 2021. act to amend Section 14671.2 of, and to add Section 12334 to, the Government Code, to amend Sections 37001, 50216, 50217, 50220.6, 50221, 50675.1, and 53559 of, to add Sections 50218.6, 50218.7, 50220.7, 50220.8, 50223, 50675.1.3, and 53559.3 to, to add Chapter 7 (commencing with Section 50250) and Chapter 8 (commencing with Section 50255) to Part 1 of, to add Chapter 3.15 (commencing with Section 50515.06), Chapter 5.5 (commencing with Section 50606), Chapter 6.6 (commencing with Section 50672), Chapter 8.2 (commencing with Section 50704.80), and Chapter 8.6 (commencing with Section 50720) to Part 2 of, Division 31 of, and to add and repeal Section 50675.1.4 of, the Health and Safety Code, to add Section 1785 to the Labor Code, and to add Sections 8257.1 and 8257.2 to the Welfare and Institutions Code, relating to housing, and making an appropriation therefor, to take effect immediately, bill related to the budget.

• AB 175 (Committee on Budget) This trailer bill contains changes necessary to implement the 2021 Budget Act related to housing and homelessness. act to amend Sections 2924h and 2924m of the Civil Code, to add Section 3332.2 to the Food and Agricultural Code, to amend Section 54234 of the Government Code, and to amend Sections 50218.6, 50220.7, 50220.8, 50515.08, 50515.09, and 50515.10 of the Health and Safety Code, relating to housing, and making an appropriation therefor, to take effect immediately, bill related to the budget.

• AB 215 (Chiu) Provides the Department of Housing and Community Development (HCD) with additional enforcement authority for local agency violations of specified housing laws, and increases public review for housing elements. act to amend Section 65585 of the Government Code, relating to housing.

• AB 345 (Quirk-Silva) Facilitates the sale of an accessory dwelling unit (ADU) to a qualified buyer. act to amend Sections 65852.2 and 65852.26 of the Government Code, relating to land use.

• AB 358 (Flora) Makes a number of changes to state law dealing with electrified fences that are used to protect non-agricultural property, including their height and compliance with zoning requirements. act to amend Section 835 of the Civil Code, relating to electrified security fences.

• AB 491 (Ward) Requires that, for mixed income multifamily structures, the occupants of the affordable housing units within the mixed-income multifamily structure shall have the same access to the common entrances, areas and amenities as the occupants of the market-rate housing units. Prohibits a mixed-income multifamily structure from isolating the affordable housing units within that structure to a specific floor or an area on a specific floor. Defines “market rate unit” as any residential unit that is not affordable housing or a manager’s unit occupied by on-site property management staff. Defines “affordable housing unit” as any residential dwelling unit that is restricted by deed or other recorded document as affordable housing for persons and families of low or moderate income. Defines “common entrance” as any area used by the occupants of a mixed-income multifamily structure for ingress to or egress from that structure. Provides that this bill is declaratory of existing law. act to add Section 17929 to the Health and Safety Code, relating to housing.

• AB 502 (Davies) Removes the requirement that a homeowner association (HOA) must have 6,000 or more units in order to use an election by acclamation procedure which allows HOAs to bypass a full election for board of directors if the number of nominees is not more than the number of vacancies to be filled. act to amend Section 5100 of, and to add Section 5103 to, the Civil Code, relating to common interest developments.

• AB 571 (Mayes) Prohibits a local government from charging affordable housing impact fees, including inclusionary zoning fees, public benefit fees, and in-lieu fees on deed-restricted affordable units that are part of a project eligible for a density bonus under Density Bonus Law (DBL). Provides that no reimbursement is required by this bill, pursuant to California Constitution Article XIII B, Section 6, because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this bill. act to add Section 65915.1 to the Government Code, relating to housing.

• AB 602 (Grayson) Adds new requirements to impact fee nexus studies. Requires cities and counties to request certain information from development proponents and requires the Department of Housing and Community Development (HCD) to develop a nexus study template. act to amend Sections 65940.1 and 66019 of, and to add Section 66016.5 to, the Government Code, and to add Section 50466.5 to the Health and Safety Code, relating to land use.

• AB 611 (Quirk-Silva) Requires homeowners’ associations of common interest developments to accept and use the address designated by the Safe at Home program for all housing association communications. act to add Section 5216 to the Civil Code, relating to confidential information.

• AB 634 (Carrillo) Allows a local government to require an affordability period longer than 55 years for units that qualify a developer for a density bonus, if the local government has an inclusionary housing ordinance that requires a percentage of residential units affordable to lower income households for longer than 55 years. Excludes developments funded using Low Income Housing Tax Credits (LIHTC). act to add Section 65915.2 to the Government Code, relating to housing.

• AB 687 (Seyarto) This bill creates the Western Riverside County Housing Finance Trust as a new joint powers agency. act to add Section 6539.7 to the Government Code, relating to joint powers.

• AB 721 (Bloom) This bill provides that covenants, restrictions, or private limits on the density of a property shall not be enforceable against a property owner who is developing a 100% affordable project, as specified. act to add Section 714.6 to the Civil Code, relating to real property.

• AB 787 (Gabriel) Authorizes cities and counties to receive credit towards their regional housing need for the conversion of above moderate-income units to moderate-income units. act to add Section 65400.2 to the Government Code, relating to housing.

• AB 803 (Boerner Horvath) Requires cities and counties to allow, in specific circumstances, more dense development of single-family housing. act to add Chapter 8 (commencing with Section 66499.40) to Division 2 of Title 7 of the Government Code, relating to land use.

• AB 832 (Chiu) This bill provides for several statutory changes related to the state’s eviction moratorium and federal rental assistance programs. act to amend Sections 789.4, 1788.65, 1788.66, 1942.5, and 3273.1 of the Civil Code, to amend Sections 116.223, 871.10, 871.11, 871.12, 1161.2.5, 1179.02, 1179.03, 1179.03.5, 1179.04, 1179.05, and 1179.07 of, to amend and repeal Section 1161.2 of, and to add and repeal Chapter 6 (commencing with Section 1179.08) of Title 3 of Part 3 of, the Code of Civil Procedure, and to amend Sections 50897, 50897.1, 50897.2, 50897.3, and 50897.4 of, and to add Sections 50897.2.1 and 50897.3.1 to, the Health and Safety Code, relating to tenancy, and declaring the urgency thereof, to take effect immediately.

• AB 838 (Friedman) Requires local governments to respond to lead hazard and substandard building complaints from tenants and specified other parties and to provide free copies of inspection reports and citations to the requestor and others who may be impacted. act to add Section 17970.5 to the Health and Safety Code, relating to building standards.

• AB 948 (Holden) Makes various reforms to safeguard against discrimination during the appraisal process; requires the collection of information in order to provide data in regards to demographics and other relevant evidence to analyze the appraiser’s practices. act to amend Sections 11340 and 11360 of, and to add Sections 11310.3 and 11424 to, the Business and Professions Code, to add Section 1102.6g to the Civil Code, and to amend Section 12955 of the Government Code, relating to real estate.

• AB 978 (Quirk-Silva) Prohibits a mobile home park located in two incorporated cities from raising rents more than 3%, plus the percentage change in the cost of living, and applies just cause eviction and anti-rent gouging protections to tenants in mobile home units. act to amend Sections 1946.2 and 1947.12 of, and to add and repeal Section 798.30.5 of, the Civil Code, relating to mobile homes.

• AB 1029 (Mullin) Adds preservation of affordable housing units as a pro-housing, local policy that the Department of Housing and Community Development (HCD) can consider in developing a pro-housing designation. act to amend Section 65589.9 of the Government Code, relating to housing, and declaring the urgency thereof, to take effect immediately.

• AB 1043 (Bryan) This bill adds “acutely low income households” to the list of income categories for purposes of defining affordable rents. act to amend Section 50053 of, and to add Section 50063.5 to, the Health and Safety Code, relating to housing.

• AB 1061 (Lee) Requires that, if management of a mobile home park uses individual water submeters to bill for water, it can only charge homeowners for water based on the homeowner’s actual volumetric water usage and a service fee that is limited to the lesser of 25% of the volumetric charge or $4.75. act to amend Section 798.40 of the Civil Code, relating to mobile homes.

• AB 1095 (Cooley) Clarifies that projects eligible for Affordable Housing Sustainable Communities (AHSC) funding include owner-occupied housing, in addition to rental housing. Requires the Strategic Growth Council (SGC) to adopt guidelines or selection criteria that include both affordable housing rental units and owner-occupied affordable housing units. Provides that for notices of funding availability released after July 1, 2022, SGC may include guidelines or criteria for the award of funds to projects that provide home ownership-opportunities for low-income individuals. act to amend Sections 75210, 75212, and 75215 of, and to add Section 75218.2 to, the Public Resources Code, relating to housing.

• AB 1101 (Irwin) Revises the requirements for homeowner associations (HOAs) in common interest developments (CIDs) in relation to insurance coverage minimums and financial practices. act to amend Sections 5380, 5502, and 5806 of the Civil Code, relating to common interest developments.

• AB 1174 (Grayson) Makes changes to the streamlined, ministerial process created by SB 35 (Wiener), Chapter 366, Statutes of 2017. act to amend Section 65913.4 of the Government Code, relating to housing, and declaring the urgency thereof, to take effect immediately.

• AB 1304 (Santiago) Expands the ways in which local agencies must affirmative further fair housing (AFFH) in their housing elements. act to amend Sections 8899.50, 65583, and 65583.2 of the Government Code, relating to land use.

• AB 1398 (Bloom) Requires expedited rezoning for local jurisdictions that fail to adopt a legally compliant housing element within 120 days of the statutory deadline. act to amend Sections 65583, 65583.2, and 65588 of the Government Code, relating to housing.

• AB 1466 (McCarty) Requires a title insurance company involved in any transfer of real property and that provides a deed or other documents to identify whether any of the documents contain unlawfully restrictive covenants and, if found, record a specified modification document with the county recorder. Makes changes to the existing process of recording a restrictive covenant modification, as provided. act to amend Sections 12956.1, 12956.2, 27282, and 27388.1 of, and to add Sections 12956.3 and 27388.2 to, the Government Code, relating to real property.

• AB 1584 (Committee on Housing and Community Development) Makes several technical and clarifying changes to code sections pertaining to housing and community development. act to amend Sections 798.56, 2924.15, and 4741 of, and to add Section 714.3 to, the Civil Code, to amend Section 1161.2 of the Code of Civil Procedure, to amend Sections 65589.5, 65651, 65863.10, and 65863.11 of the Government Code, and to amend Section 18214 of, and to add Section 34178.8 to, the Health and Safety Code, relating to housing.

• SB 8 (Skinner) This bill extends the sunset on the Housing Crisis Act of 2019 (HCA) by five years, to January 1, 2030, and makes other changes. act to amend Sections 65589.5, 65905.5, 65913.10, 65940, 65941.1, 65943, 65950, 66300, and 66301 of the Government Code, and to amend Section 2 of Chapter 654 of the Statutes of 2019, relating to housing.

• SB 9 (Atkins) This bill requires ministerial approval of a housing development of no more than two units in a single-family zone (duplex), the subdivision of a parcel zoned for residential use into two parcels (lot split), or both. act to amend Section 66452.6 of, and to add Sections 65852.21 and 66411.7 to, the Government Code, relating to land use.

• SB 10 (Wiener) This bill authorizes a city or county to pass an ordinance to zone any parcel for up to 10 units of residential density, at a height specified by the local government in the ordinance, if the parcel is located in a transit-rich area or an urban infill site, as specified. act to add Section 65913.5 to the Government Code, relating to land use.

• SB 51 (Durazo) This bill makes changes to the Roberti Act to encourage the sale of homes owned by Department of Transportation (Caltrans) for low- and moderate-income housing in the City of Los Angeles and makes changes to the Surplus Land Act. act to amend Sections 54234 and 54237 of, and to add Sections 54237.9, 54237.10, 54239.1, 54239.2, and 54239.3 to, the Government Code, relating to surplus property, and declaring the urgency thereof, to take effect immediately.

• SB 60 (Glazer) This bill allows cities to impose a fine of up to $5,000 for public and health and safety violations of a short-term rental ordinance. act to amend Sections 25132 and 36900 of the Government Code, relating to local government, and declaring the urgency thereof, to take effect immediately.

• SB 89 (Skinner) This bill makes technical changes to the Budget Act of 2020 needed to implement federal rental assistance funds. act to amend the Budget Act of 2020 (Chapters 6 and 7 of the Statutes of 2020) by adding Items 2240-002-0890 and 2240-102-0890 to, and amending Section 39.00 of, that act, relating to the state budget, and making an appropriation therefor, to take effect immediately, budget bill.

• SB 91 (Committee on Budget and Fiscal Review) This trailer bill extends the moratorium on evictions for non-payment of rent due to COVID-19 financial hardship, subject to numerous conditions from January 31, 2021, to June 30, 2021. This trailer bill also contains an appropriation of federal funds and statutory changes necessary to implement a rental assistance program as part of the 2020 Budget Act. act to amend Sections 789.4, 1942.5, and 3273.1 of, to add Sections 1785.20.4, 1788.66, and 1942.9 to, and to add and repeal Section 1788.65 of, the Civil Code, to amend Sections 116.223, 1161.2, 1161.2.5, 1179.01, 1179.02, 1179.03, 1179.03.5, 1179.04, 1179.05, and 1179.07 of, to amend the heading of Chapter 5 (commencing with Section 1179.01) of Title 3 of Part 3 of, to add Section 1179.04.5 to, and to add and repeal Chapter 11 (commencing with Section 871.10) of Title 10 of Part of, the Code of Civil Procedure, to amend Section 925.6 of the Government Code, and to add Chapter 17 (commencing with Section 50897) to Part 2 of Division 31 of the Health and Safety Code, relating to tenancy, and making an appropriation therefor, to take effect immediately, bill related to the budget.

• SB 263 (Rubio) This bill updates training requirements for Department of Real Estate (DRE) licensees by including implicit bias within the real estate practice course and revises the legal aspects of the real estate course to include a component on state and federal fair housing laws. The bill also requires a two-hour implicit bias course within the 45 hours continuing education (CE) for license renewal. act to amend, repeal, and add Sections 10151, 10153.2, and 10170.5 of the Business and Professions Code, relating to real estate.

• SB 290 (Skinner) This bill makes various changes to Density Bonus Law (DBL), including providing additional benefits to housing developments that include low-income rental and for-sale housing units, and moderate-income for-sale housing units. act to amend Sections 65400 and 65915 of the Government Code, relating to housing.

• SB 381 (Portantino) Makes changes to the Roberti Act (the Act) to encourage the sale of homes owned by the California Department of Transportation for low- and moderate-income housing in the State Route 710 corridor in South Pasadena. act to amend Sections 54237 and 54237.7 of, and to add Section 54239.4 to, the Government Code, relating to local government, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately.

• SB 432 (Wieckowski) This bill makes several technical and clarifying changes to existing law relating to common interest development (CID) election procedures. act to amend Sections 5100, 5105, 5115, and 5200 of the Civil Code, and to amend Section 7511 of the Corporations Code, relating to common interest developments.

• SB 478 (Wiener) This bill prohibits a local government from imposing certain floor area ratio (FAR) standards on housing projects of 3-10 units. act to add Section 4747 to the Civil Code, and to amend Section 65585 of, and to add Section 65913.11 to, the Government Code, relating to housing.

• SB 484 (Archuleta) Exempts a licensed plumbing contractor, upon meeting certain conditions, from provisions relating to a home inspection, which prohibits repairs to a structure on which the inspector or the inspector’s company has prepared a home inspection. act to amend Section 7197 of the Business and Professions Code, relating to home inspections.

• SB 591 (Becker) This bill authorizes the establishment of an intergenerational housing development for senior citizens, caregivers, or transition age youths, as provided. act to amend Section 11010.05 of the Business and Professions Code, and to add Section 51.3.5 to the Civil Code, relating to civil law.

• SB 728 (Hertzberg) This bill authorizes a qualified nonprofit housing organization to purchase a for-sale unit under density bonus law (DBL), as specified. act to amend Section 65915 of the Government Code, relating to land use.

• SB 791 (Cortese) This bill creates the Surplus Land Unit within the state Department of Housing and Community Development (HCD), to facilitate the development and construction of housing on local surplus property. act to add Part 17 (commencing with Section 54900) to Division 31 of the Health and Safety Code, relating to land use.

• SB 800 (Archuleta) This bill makes various changes to the Real Estate Law intended to improve oversight of real estate and real estate appraiser professionals stemming from the joint sunset review oversight of the Department of Real Estate (DRE) and Bureau of Real Estate Appraisers (BREA). act to amend Sections 10050, 10083.2, 10147, 10148, 10150, 10151, 10151.5, 10153.8, 10159.5, 10162, 10165.1, 10166.07, 10167.3, 10167.9, 10167.95, 10170.8, 10176.1, 10177, 10231.2, 10232.1, 10232.2, 10235.5, 10236.2, 10249.3, 10249.8, 10249.9, 10471, 10471.1, 11003.4, 11010, 11011, 11012, 11013.6, 11225, 11232, 11301, 11302, 11310.1, 11313, 11314, 11315, 11320.5, 11326, 11328, 11328.1, 11343, 11345, 11345.05, 11345.2, 11345.3, 11400, 11401, 11406, 11406.5, 11407, 11408, 11409, and 11422 of, and to add Section 10151.2 to, the Business and Professions Code, relating to real estate.