State Housing Law: enforcement response to complaints.
Summary
Existing law, the State Housing Law, a violation of which is a crime, establishes statewide construction and occupancy standards for buildings used for human habitation. Existing law authorizes a city or county to designate and charge a specified department or officer with the enforcement of the State Housing Law, the building standards published in the California Building Standards Code, or any other rules and regulations adopted pursuant to the State Housing Law for the protection of the public health, safety, and general welfare. Existing law deems a building, portion of a building, or premises on which a building is located to be a substandard building if any one of specified conditions exists to the extent that it endangers the life, limb, health, property, safety, or welfare of the public or its occupants. Existing law deems a building, portion of a building, or premises on which a building is located to be in violation of the State Housing Law if it contains lead hazards, as specified, that are likely to endanger the health of the public or the occupants. This bill would, beginning July 1, 2022, require a city or county that receives a complaint of a substandard building or a lead hazard violation, as described above, from a tenant, resident, or occupant, or an agent of a tenant, resident, or occupant, except as specified, to inspect the building, portion of the building intended for human occupancy, or premises of the building, document the lead hazard violations that would be discovered based upon a reasonably competent and diligent visual inspection of the property, and identify any building, portion of a building intended for human occupancy, or premises on which such a building is located that is determined to be substandard, as applicable. The bill would require the city or county, as applicable, to advise the owner or operator of each violation and of each action that is required to be taken to remedy the violation and to schedule a reinspection to verify correction of the violations. The bill would require a city or county to provide free, certified copies of an inspection report and citations issued, if any, to the complaining tenant, resident, occupant, or agent, and to all potentially affected tenants, residents, occupants, or the agents of those individuals, as specified. The bill would prohibit the inspection or the report from being subject to any unreasonable conditions, as specified, and prohibit a city, county, or city and county from collecting a fee, cost, or charge from a property owner or property owner's agent for any inspection of, or any inspection report about, that owner's or agent's property that is conducted or issued pursuant to the bill's provisions, unless the inspection reveals one or more material lead hazard violations or deems and declares the property substandard, as described above. The bill would prohibit a city or county from unreasonably refusing to communicate with a tenant, resident, occupant, or agent regarding a matter covered by this bill. By imposing new duties on local government officials, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for specified reasons.
Bill status
signed
all 5 stages cleared
Introduction
Feb 2021
Committee Review
Aug 2021
Assembly Passage
May 2021
Senate Passage
Sep 2021
Signed into Law
Sep 2021
Introduced Feb 17, 2021
Signed Sep 28, 2021
Floor votes · Senate Sep 1, 2021 · Assembly May 10, 2021
How they voted
26–10
Passed · 4 other
Total votes 40
Sep 1, 2021
D
Democratic31
83% Yea
R
Republican9
100% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
27
Key actions
11
Committee
11
Amendments
6
Sep 28, 2021
Signed into law
Approved by the Governor.
legislature
Sep 2, 2021
Lower · Passed
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 51. Noes 20. Page 2738.).
lower
Sep 1, 2021
Introduced
In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 3 pursuant to Assembly Rule 77.
lower
Sep 1, 2021
Upper · Passed
Read third time. Passed. Ordered to the Assembly. (Ayes 26. Noes 10. Page 2296.).
upper
Aug 26, 2021
Upper · Passed
From committee: Do pass. (Ayes 5. Noes 2.) (August 26).
upper
Aug 16, 2021
Committee
In committee: Referred to suspense file.
upper
Jul 13, 2021
Upper · Passed
Read second time and amended. Re-referred to Com. on APPR.
upper
Jul 12, 2021
Introduced
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (July 8).
upper
Jul 7, 2021
Committee
Re-referred to Com. on GOV. & F.
upper
Jul 1, 2021
Upper · Passed
From committee: Do pass and re-refer to Com. on RLS. (Ayes 6. Noes 1.) (July 1). Re-referred to Com. on RLS.
upper
Jun 23, 2021
Introduced
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HOUSING.
upper
Jun 11, 2021
Upper · Passed
In committee: Set, first hearing. Hearing canceled at the request of author.
upper
May 19, 2021
Committee
Referred to Com. on HOUSING.
upper
May 10, 2021
Lower · Passed
Read third time. Passed. Ordered to the Senate. (Ayes 45. Noes 18. Page 1357.)
lower
Apr 28, 2021
Lower · Passed
From committee: Do pass. (Ayes 12. Noes 4.) (April 28).
lower
Apr 19, 2021
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (April 15). Re-referred to Com. on APPR.
lower
Apr 6, 2021
Committee
Re-referred to Com. on H. & C.D.
lower
Apr 5, 2021
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on H. & C.D. Read second time and amended.
lower
Feb 25, 2021
Committee
Referred to Com. on H. & C.D.
lower
Feb 18, 2021
Lower · Passed
From printer. May be heard in committee March 20.
lower
1 primary · 1 co-sponsor
Sponsors
Ask Maddy
·
AI policy assistant
Ask Maddy about AB 838
Scope: CA
Hi! I can help you understand AB 838. What would you like to know?
Try one of these
i
Maddy answers using official bill text and legislative records. Always verify before sharing.
Sources cited inline