Prospective federal law, the federal 21st Century ROAD to Housing Act (H.R. 6644) , prohibits a large institutional investor from purchasing, or entering into a contract to directly or indirectly purchase, any single-family home, except as specified. If the above-described federal legislation is enacted, this bill would authorize the Attorney General, district attorney, or county counsel to coordinate with the Secretary of the United States Department of Housing and Urban Development, the Director of the United States Federal Housing Finance Agency, the Chair of the United States Securities and Exchange Commission, and the Secretary of the Treasury of the United States in the implementation of federal regulations, as described, related to violations of federal law involving tenants residing in properties owned, maintained, and managed by institutional investors. Existing law establishes various real estate disclosure requirements applicable to the transfer of residential real property. Before entering into specified transactions relating to residential real property, including an individual sale of residential real property, this bill would require an institutional investor, as defined, to provide written notice of the institutional investor's intent to sell the property to each tenant at least 90 days before advertising the residential real property for sale in a multiple listing service, as specified. The bill would require the notice to include, among other things, a statement that the tenant has the right to remain in possession until the end of the lease term, except as specified. For sales of residential real property containing 1 to 4 residential dwelling units by an institutional investor, this bill would require the institutional investor to, among other things, only accept offers from prospective owner-occupants, including any tenant in possession, during the first 30 days after the property is listed for sale. The bill would require the prospective owner-occupant to submit with their offer an affidavit or declaration executed under penalty of perjury stating they are purchasing the residential real property as an owner-occupant, as described. The bill would subject a prospective owner-occupant or an institutional investor to criminal or civil liability. The bill would also require an institutional investor that sells residential real property to record, or cause to be recorded, a certification of compliance under penalty of perjury, as specified. The bill would require the failure to record the certificate of compliance to result in a civil penalty, as described. By expanding the scope of existing crimes, the bill would impose a state-mandated local program. This bill would also authorize the Attorney General, district attorney, city attorney, and tenant to bring an action in the superior court to enforce the bill's provisions, and upon prevailing, would allow for injunctive relief and civil penalties, as specified. The bill would require its provisions to be construed consistently with the above-described federal act, if enacted, and would make its provisions severable. 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 a specified reason.
Existing law, the Mobilehome Residency Law, governs tenancies in mobilehome parks and includes provisions that are applicable to those who have an ownership interest in a subdivision, cooperative, or condominium for mobilehomes, or a resident-owned mobilehome park, as specified. Among other things, these provisions set forth the rights of residents and homeowners regarding the use of the property. Existing law exempts the rental of certain mobilehome spaces by a homeowner, if the mobilehome space is not the principal residence of the homeowner and the homeowner has not rented the mobilehome to another party, from any ordinance, rule, regulation, or initiative measure adopted by any city, county, or city and county, that establishes a maximum amount that the landlord may charge a tenant for rent, as specified. This bill would, instead, apply that exemption to the rental of a mobilehome space that is not used as permanent housing, as defined, by the homeowner or an approved tenant, except as specified. Existing law provides that, for purposes of the above provisions, a mobilehome is deemed to be the principal residence of the homeowner unless a review of state or county records demonstrate otherwise, as specified. Existing law provides that before modifying the rent or other terms of tenancy as a result of learning that the mobilehome space is not the principal residence of the homeowner through the above-described review, the management, as defined, shall notify the homeowner, in writing, of the proposed changes and provide the homeowner with a copy of the documents upon which management relied. Existing law prohibits management from modifying the rent or other terms of tenancy as described above if the homeowner provides documentation reasonably establishing that the information provided by management is incorrect or that the homeowner is not the same person identified in the documents, as specified. This bill would, instead, provide that before modifying the rent or other terms of tenancy as a result of learning that the mobilehome space is not used as permanent housing as described above, the management shall notify the homeowner, as specified, and shall provide the homeowner with an explanation of its determination and a copy of the documents upon which management relied in making its determination. The bill would, instead, prohibit management from modifying the rent or other terms of tenancy as described above if the homeowner provides a statement refuting management's claim that the mobilehome is not being used as permanent housing as described above. The bill would, in that regard, create a rebuttable presumption in favor of the homeowner's statement.
Existing law, the Planning and Zoning Law, among other things, provides for the creation by ordinance, or by ministerial approval if the local agency has not adopted an ordinance, of an accessory dwelling unit in accordance with specified standards and conditions. Existing law requires the ordinance, if adopted, to meet certain requirements, including designating areas within the jurisdiction where accessory dwelling units may be permitted. Existing law authorizes the designation of areas to be based on the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. Existing law also requires the ordinance to require approval by the local health officer where a private sewage disposal system is being used, if required. This bill would prohibit a local agency from prohibiting an accessory dwelling unit in an area solely because the lots are served by private sewage disposal systems. The bill would prohibit a local health officer from withholding approval based on a minimum lot size requirement if the private sewage disposal system meets certain operating requirements established by the State Water Resources Control Board and the regional water quality control board for that lot size, as provided. The bill would prohibit the local health officer from requiring the installation of a new or alternative system as a condition of approval if the local health officer determines that an existing private sewage disposal system is verified to be functioning properly and has the capacity to serve the additional load of an accessory dwelling unit, except as specified. By imposing new duties on local agencies relating to the approval of accessory dwelling units, the 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 a specified reason.
Existing law identifies various types of property of a judgment debtor that are exempt from the enforcement of a money judgment, including material that in good faith is about to be applied to the repair or improvement of a residence, as specified. This bill would specify that this exemption would apply to the judgment debtor's principal place of residence or domicile.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. If a lead agency determines that a project will have a significant transportation impact, existing law authorizes the lead agency to mitigate the transportation impact to a less than significant level by helping to fund or otherwise facilitating housing or related infrastructure projects, including by contributing an amount, to be determined pursuant to guidance issued by the Office of Land Use and Climate Innovation, to the Transit-Oriented Development Implementation Fund for purposes of the Transit-Oriented Development Implementation Program. Existing law makes those moneys available to the Department of Housing and Community Development, upon appropriation by the Legislature, for the purpose of awarding funding for affordable housing or related infrastructure projects under the program in accordance with specified priorities. On or before July 1, 2026, and at least once every 3 years thereafter, existing law requires the office, in consultation with other state agencies, to issue guidance related to the implementation of these provisions, as provided. This bill would authorize a lead agency for a land use project to require an applicant to contribute to the Transit-Oriented Development Implementation Fund if certain cost conditions are met and the department and the office have validated the reductions in vehicle miles traveled that are attributable to the project, as specified. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law provides that a trustee's sale of property under a power of sale contained in a deed of trust or mortgage on real property containing one to 4 residential units is not final until the earliest of various time periods. Existing law provides specified eligible bidders, defined to include prospective owner-occupants and eligible nonprofit corporations with certain attributes, various rights in connection with those sales, and sets forth procedures for eligible bidders to submit bids after those sales. Existing law authorizes the Attorney General, a county counsel, a city attorney, or a district attorney to bring an action to enforce these provisions as specified. This bill would remove prospective owner-occupants and eligible nonprofit corporations from the definition of "eligible bidder." The bill would apply the provisions described above only to trustee's sales of eligible property, as defined. The bill would require eligible bidders who submit bids pursuant to the procedures described above to include in the bid an amount equal to 1.2% of the last and highest bid at the trustee's sale. The bill would authorize the last and highest bidder at a trustee's sale to bring an action against an eligible bidder, as specified. The bill would make conforming changes.
Existing law authorizes a county to establish a homeless adult and family multidisciplinary personnel team, as defined, with the goal of facilitating the expedited identification, assessment, and linkage of homeless individuals to housing and supportive services within that county and to allow provider agencies to share confidential information for the purpose of coordinating housing and supportive services to ensure continuity of care. This bill would authorize a county to also establish a behavioral health multidisciplinary personnel team, as defined, with the goal of facilitating the expedited identification, assessment, and linkage of a justice-involved person, as defined, diagnosed with a mental illness to supportive services within that county while incarcerated and upon release from county jail and to allow provider agencies and members of the personnel team to share confidential information, as specified, for the purpose of coordinating supportive services to ensure continuity of care. The bill would require the sharing of information permitted under these provisions to be governed by protocols developed in each county, as specified. This bill would authorize a behavioral health multidisciplinary personnel team to designate a qualified person to be a member of the team for a particular case and would require a member who receives information or records regarding a justice-involved person in their capacity as a member of the team to be under the same privacy and confidentiality obligations and subject to the same confidentiality penalties as the person disclosing or providing the information or records. The bill would also require the information or records to be maintained in a manner that ensures the maximum protection of privacy and confidentiality rights.
Existing law establishes the California Interagency Council on Homelessness to oversee the implementation of Housing First guidelines and regulations, and, among other things, identify resources, benefits, and services that can be accessed to prevent and end homelessness in California. Existing law requires a state agency or department that funds, implements, or administers a state program that provides housing or housing-related services to people experiencing homelessness or who are at risk of homelessness to revise or adopt guidelines and regulations to include enumerated Housing First policies. Existing law specifies the core components of Housing First, including services that are informed by a harm-reduction philosophy that recognizes drug and alcohol use and addiction as a part of tenants' lives and where tenants are engaged in nonjudgmental communication regarding drug and alcohol use. This bill would authorize state programs to fund supportive-recovery residences, as defined, that emphasize abstinence under these provisions as long as the state program meets specified criteria, including that at least 90% of program funds awarded to each jurisdiction is used for housing or housing-based services using a harm-reduction model. This bill would specify requirements for applicants seeking funds under these programs and would require the state to perform periodic monitoring of select supportive-recovery residence programs to ensure that the supportive-recovery residences meet certain requirements, including that core outcomes of the supportive-recovery housing emphasize long-term housing stability and minimize returns to homelessness. The bill would also prohibit eviction on the basis of relapse, as specified. The bill would require, if a tenant is no longer interested in living in a supportive-recovery residence with an abstinence focus, is at risk of eviction, or is discharged from the program, the tenant to reside in the supportive recovery residence until the operator secures the tenant a new permanent housing placement option operated with harm-reduction principles that is also permanent housing. The bill would require supportive housing and services to support residents' access to and use of medications to treat behavioral and physical health conditions, as specified, and to provide overdose prevention training and overdose reversal medication to staff and residents, as specified. Existing law establishes the Department of Housing and Community Development and requires it to administer various programs that provide services to homeless individuals. This bill would require the department to adopt the most recent standards approved by the National Alliance for Recovery Residences or other national standards as the minimum standard for supportive-recovery residences that receive public funds under these provisions. The bill would require the department to establish a separate process for determining if the supportive-recovery residence complies with the core components of Housing First. The bill would require the department to verify compliance with the core components of Housing First for residences seeking Housing First certification, as specified. The bill would authorize the department to charge an annual fee to verify that supportive-recovery residences comply with the core components of Housing First in an amount not to exceed the reasonable cost of administering the program, not to exceed $100, and would establish the Supportive-Recovery Residence Program Fund for collection of the fee, to be available upon appropriation by the Legislature.
(1) Existing law, the California Fair Employment and Housing Act, prohibits housing discrimination based on specified characteristics. Existing law defines discrimination to include refusal to sell, rent, or lease housing accommodations. Under existing law, discrimination does not include refusal to rent or lease a portion of an owner-occupied single-family house to a person as a roomer or boarder living within the household if no more than one roomer or boarder is to live within the household, as specified. Under this bill, discrimination would additionally not include refusal to rent or lease a portion of an owner-occupied single-family house to a person as a roomer, boarder, or tenant living within the household if, among other things, the owner is renting the portion of their home as a landlord in a nonprofit home-sharing program, as defined. (2) Existing law establishes various public social services programs that are administered by counties to provide eligible recipients with certain benefits, including, but not limited to, cash assistance under the Supplemental Security Income/State Supplementary Program for the Aged, Blind, and Disabled (SSI/SSP) and the California Work Opportunity and Responsibility to Kids (CalWORKs) program, nutrition assistance under the CalFresh program, and health care services under the Medi-Cal program. This bill would exempt income received through renting bedrooms or units as a landlord in a nonprofit home-sharing program, as defined, from consideration as income or assets for purposes of determining eligibility and benefit amounts for public social services, to the extent permitted by federal law. The bill would require the State Department of Social Services to seek all available federal waivers and approvals necessary for the exemption under CalFresh and SSI/SSP. The bill would, for purposes of Medi-Cal eligibility, require the State Department of Health Care Services to implement the exemption no sooner than January 1, 2027, and only to the extent consistent with federal law, upon any necessary federal approvals, and if federal financial participation under the Medi-Cal program is available and not otherwise jeopardized. By expanding the scope of eligibility for public social services, thereby increasing duties on counties, the bill would impose a state-mandated local program. (3) 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1) Existing law, the Planning and Zoning Law, requires each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city, which includes, among other mandatory elements, a housing element. Existing law requires a public agency to administer its programs and activities relating to housing and community development in a manner to affirmatively further fair housing, and take no action that is materially inconsistent with its obligation to affirmatively further fair housing. Existing law defines "affirmatively furthering fair housing," as provided. The Planning and Zoning Law requires that a housing element include, among other things, a program that sets forth a schedule of actions during the planning period. Existing law requires the Department of Housing and Community Development to develop a standardized reporting format for programs and actions taken pursuant to the requirement to affirmatively further fair housing. This bill would require the department to develop the above-described standardized reporting format on or before December 31, 2026. (2) Existing law requires, for the 4th and subsequent revisions of the housing element, the department to determine the existing and projected need for housing for each region, as specified. Existing law requires the department, in consultation with the council of governments, to determine the existing and projected need of housing for each region at least 2 years prior to the scheduled revision of the housing element, as provided. Existing law requires the department to meet and consult with the council of governments regarding the assumptions and methodology to be used to determine the region's housing needs at least 26 months prior to the scheduled revision of the housing element, as provided. This bill, except as specified, would extend the above-described timeline for the department to determine the existing and projected need of housing for each region from 2 years to 3 years prior to the scheduled revision of the housing element. The bill would require the department to meet and consult with the council of governments, as described above, pursuant to prescribed deadlines. For the 7th revision of the housing element, the bill would require the department to meet and consult with each council of governments at least 38 months prior to the scheduled revision, except for specified councils of governments. For the 8th and subsequent revision of the housing element, the bill would require the department to meet and consult with each council of governments at least 38 months prior to the scheduled revision. (3) Existing law authorizes at least 2 or more cities and a county, or counties, at least 28 months prior to the scheduled housing element revision, to form a subregional entity to allocate the subregion's existing and projected housing need among its members. If the council of governments does not receive a notification of this formation at least 28 months prior to the update, existing law requires the council of governments to implement specified requirements regarding the regional housing need process. Existing law requires the council of governments to determine the share of regional housing need assigned to each delegate subregion at least 25 months prior to the scheduled revision. This bill would extend the above-described timeline for cities and counties to form a subregional entity to allocate the subregion's housing need, as provided, from 28 months to 34 months, and the above-described timeline for the council of governments to determine the share of regional housing need assigned to each subregion from 25 months to 31 months, respectively. (4) Existing law, at least 2 years before a scheduled revision of the housing element, as specified, requires each council of governments, or delegate subregion as applicable, to develop, in consultation with the department, a proposed methodology for distributing the existing and projected regional housing need to jurisdictions, as specified. Existing law, at least 1 12 years before a scheduled revision of the housing element, as specified, requires each council of governments and delegate subregion, as applicable, to distribute a draft allocation of regional housing needs to each local government in the region or subregion, where applicable, and the department, as specified. This bill, except with respect to the 7th housing element cycle for councils of governments with a housing element revision due date during the 2027 calendar year, would instead require that the above-described methodology be developed from at least 2 12 years before a scheduled revision of the housing element, and that the distribution of the draft allocation plan be made at least 2 years before a scheduled revision of the housing element, respectively. (5) Existing law requires a planning agency to submit a copy of its draft housing element or amendments to its housing element or housing element revision to the department for review, and requires the department to notify the city, county, or city and county with written findings if the department finds that the housing element or the amendment does not substantially comply with specified law. If the department finds that the draft housing element or draft amendment is not in substantial compliance, existing law requires the jurisdiction to either update the draft to substantially comply with specified law, or adopt the draft housing element or amendment without changes, as provided. This bill would require the department, if the department finds that a draft element or draft amendment does not substantially comply, as described above, to (A) identify and explain the specific deficiencies in the draft element or draft amendment and (B) provide the specific analysis or text that the department expects the planning agency to include in the draft element or draft amendment to remedy those deficiencies, as specified. The bill would require a jurisdiction, in updating a noncompliant housing element or amendment under the above-described provisions, to include the specific analysis or text in its draft element or amendment. (6) This bill would incorporate additional changes to Section 65583 of the Government Code proposed by SB 340 and AB 610 to be operative only if this bill and either or both of those bills are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 65584.01 of the Government Code proposed by SB 486 to be operative only if this bill and SB 486 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 65584.03 of the Government Code proposed by AB 1275 to be operative only if this bill and AB 1275 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 65584.04 of the Government Code proposed by SB 486 and AB 1275 to be operative only if this bill and either or both of those bills are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 65585 of the Government Code proposed by AB 507 to be operative only if this bill and AB 507 are enacted and this bill is enacted last. (7) By imposing additional duties on local governments, this bill would create 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 a specified reason.
