Existing law, the California Fair Employment and Housing Act (FEHA) , establishes the Civil Rights Department to enforce civil rights laws with respect to housing and employment and to protect and safeguard the right of all persons to obtain and hold employment without discrimination based upon specified characteristics or status. The FEHA makes certain discriminatory employment and housing practices unlawful, and authorizes a person claiming to be aggrieved by an alleged unlawful practice to file a verified complaint with the department. The FEHA requires the department to make an investigation in connection with a filed complaint alleging facts sufficient to constitute a violation of the FEHA, and requires the department to endeavor to eliminate the unlawful practice by conference, conciliation, and persuasion. Existing law authorizes a complaint to be filed by an aggrieved person or the department on behalf and as representative of a group or class if the alleged unlawful practice adversely affects, in a similar manner, a group or class of persons of which the aggrieved person is a member. This bill would define the term "group or class complaint" for purposes of the FEHA. Existing law tolls the time for a complainant to file a civil action alleging a violation of specified civil rights provisions commencing with the filing of a complaint with the department until the department files a civil action for the alleged violation or until one year after the department issues written notice that it has closed its investigation without filing a civil action. This bill would additionally toll the time for a complainant to file a civil action if the complainant timely appeals to the department the closure of their complaint until one year after the department issues written notice that it remains closed following the appeal. Existing law authorizes the director to bring a civil action in the name of the department, acting in the public interest, on behalf of an aggrieved person if conference, conciliation, mediation, or persuasion fails to eliminate an unlawful practice. Existing law imposes a deadline of one or 2 years for the department to bring a civil action, as specified. Existing law requires those deadlines to be tolled during a dispute resolution proceeding. This bill would additionally require those deadlines to be tolled pursuant to a written agreement by the complainant and the department, during the pendency of a petition to compel, and for the duration of an appeal to the department for the closure of a complaint. Under existing law, if the department does not file a civil action, the department is required to promptly issue the person claiming to be aggrieved a right-to-sue notice upon request, as specified, or upon completion of its investigation and not later than one year after the filing of the complaint. For a complaint treated as a group or class complaint, existing law requires the department to issue a right-to-sue notice upon completion of its investigation and not later than 2 years after the filing of the complaint. Existing law requires these deadlines to be tolled during a dispute resolution proceeding. Under this bill, if the department determines that an aggrieved person's complaint relates to a complaint filed in the name of the director or a group or class complaint, as specified, the department would be required to issue a right-to-sue notice after the director's or group or class complaint has been fully and finally disposed of and all administrative proceedings, civil actions, appeals, or related proceedings have terminated. The bill would require this deadline and the above-described deadlines relating to issuing a right-to-sue notice to additionally be tolled pursuant to a written agreement by the complainant and the department, during the pendency of a petition to compel, and for the duration of an appeal to the department for the closure of a complaint. Existing law authorizes the department, in the case of failure to eliminate specified violations relating to housing discrimination that have occurred, or that are about to occur, as specified, to bring a civil action in the name of the department. Existing law authorizes the action to be filed in any county where the unlawful practice is alleged to have been committed, the records relevant to that practice are maintained and administered, the aggrieved party would have resided, or the defendant's residence or principal office is located, as specified. This bill would remove the above-described provisions specifying the counties where the civil action may be filed.
Existing law establishes procedures relating to an action for unlawful detainer, and sets timelines regarding the filing of a complaint and the defendant's response, including a demurrer or motion to strike, as specified. The hearing on such a motion is required to occur within 5 to 7 court days after its filing, unless good cause is shown, in which case the hearing may occur on a later date on notice prescribed by the court. This bill would instead limit the court's authority to set a later hearing for a noticed motion. The bill would permit the court to order the hearing held on a later date upon the written stipulation of the parties or upon good cause shown in the case of a residential or commercial tenancy, not to exceed 10 court days after the first date set for a hearing on the motion in the case of a commercial tenancy.
Existing law creates a housing authority in each county or city, which functions upon the adoption of a specified resolution by the relevant governing body. Existing law authorizes these housing authorities, within their jurisdictions, to construct, reconstruct, improve, alter, or repair all or part of any housing project. Existing law establishes various programs that provide housing assistance. This bill would enact the Social Housing Act and would create the California Housing Authority as an independent state body, the mission of which would be to ensure that social housing developments that are produced and acquired align with the goals of eliminating the gap between housing production and regional housing needs assessment targets and preserving affordable housing. The bill would prescribe a definition of social housing that would describe, in addition to housing owned by the authority, housing owned by other entities, as specified, provided that all social housing developed or authorized by the authority would be owned by the authority. This bill would prescribe the composition of the California Housing Authority Board, which would govern the authority, and which would be composed of appointed members and members who would be elected by residents of social housing developments, as specified. The bill would set forth the powers and duties of the authority and the board, including the requirement that the authority and the board annually prepare and submit a business plan and related information to the Governor and Legislature, as specified. The bill would also require the board to provide for regular audits of the authority's accounts and records, as specified. The bill would require the authority to seek to achieve revenue neutrality, as defined, and would require the authority to seek to recuperate the cost of development and operations over the life of its properties through mechanisms that maximize the number of Californians who can be housed without experiencing rent burden. This bill would require the authority to prioritize the development of specified property, including vacant parcels and parcels near transit, and would establish a process for the annual determination of required social housing units. Under the bill, social housing would accommodate a mix of household income ranges and would provide specified protections for residents, who would have the right to participate in the operation and management of the units in which they reside. This bill would require the California Housing Authority to employ 2 leasing models in creating social housing, referred to as the rental model and the ownership model, and would specify the characteristics of both models. Under the rental model, the authority would extend a one-year lease to individuals who commit to a minimum of one year of residence and would require the authority to set rents, as specified. Under the ownership model, the authority would extend a 99-year lease, in the form of a limited equity arrangement, as defined, to individuals who commit to a minimum 5-year term of residence, and would authorize the authority to act as a lender for residents. The bill would specify how the units may be sold and transferred. The bill would establish eligibility requirements for social housing residents and would provide for the selection of residents by lottery, as specified, provided that people who may have been displaced from a property as part of its development would be granted a preference for occupancy. The bill, among other things, would require the authority to accept a local jurisdiction's preference for a project parcel if specified conditions are met. This bill would establish the Social Housing Revolving Loan Fund within the State Treasury to provide, upon appropriation by the Legislature, zero-interest loans for the purposes of constructing housing to accommodate a mix of household incomes. The bill would declare the intent of the Legislature to enact subsequent legislation to provide financing for the activities of the authority through the issuance of general obligation bonds. The bill would authorize the authority to issue revenue bonds, as specified.
