The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. Existing law requires the housing element to include, among other things, an inventory of land suitable and available for residential development. Existing law requires a city or county, based on that inventory of land, to determine whether each site in the inventory can accommodate the development of some portion of its share of the regional housing need by income level during the planning period, as provided. Existing law requires local governments to rezone sites according to a specified program if the inventory of sites suitable and available for residential development does not identify adequate sites to accommodate the need for groups of all household income levels. Existing law requires that program to accommodate 100% of the need for housing for specified lower income households on sites required to be zoned to permit owner-occupied and rental multifamily residential use, as provided, and requires these sites to be zoned with specified minimum density and development standards, as provided. This bill would provide that these zoning requirements would be met by applying a zoning classification, including, but not limited to, an overlay zone, mixed-use zone, combining district, or similar zone that permits owner-occupied and rental multifamily residential use with the above-described minimum density and development standards, as specified. The bill would require a program that includes application of this zoning classification to include a written explanation of the housing and affordability incentives of the zoning classification. The bill would permit this zoning classification to allow a mix of uses if it meets prescribed requirements. The bill would define key terms for these purposes. The bill would apply these provisions only to the 6th housing element revision cycle and retroactively to January 1, 2019. Existing law, commonly referred to as the Housing Element Law, prescribes requirements for a city's or county's preparation of, and compliance with, its housing element, and requires the Department of Housing and Community Development to review and determine whether the housing element substantially complies with the Housing Element Law, as specified. Existing law provides that a housing element or amendment is considered substantially compliant with the Housing Element Law when the local agency has adopted a housing element or amendment, the department or a court of competent jurisdiction determines the adopted housing element or amendment to be in substantial compliance with the Housing Element Law, and the department's compliance findings have not been superseded by subsequent contrary findings by the department or by a decision of a court of competent jurisdiction or the court's decision has not been overturned or superseded by a subsequent court decision or by statute. Existing law, the Housing Accountability Act, among other things, prohibits a local agency from disapproving, or conditioning approval in a manner that renders infeasible, a housing development project for very low, low-, or moderate-income households unless the local agency makes written findings as to one of certain sets of conditions, as specified. One set of conditions is that (1) the jurisdiction has adopted a housing element that is in substantial compliance with the Housing Element Law, and (2) the jurisdiction has met or exceeded its share of the regional housing need allocation for the planning period for the income category proposed for the housing development project. Existing law requires a housing element or amendment to be considered in substantial compliance with the Housing Element Law only if the element or amendment was determined to be in substantial compliance when a preliminary application or complete application was submitted, as specified. This bill would require, if a court of competent jurisdiction finds an adopted housing element or amendment to be to be out of compliance despite the department's findings of substantial compliance, that the housing element or amendment be considered in substantial compliance until either the date the department finds that a newly adopted housing element or amendment is in substantial compliance, or 275 days after a court order, writ, or judgment is issued requiring the local agency to bring its housing element into substantial compliance, whichever is earlier.
Existing law, the Joint Exercise of Powers Act, authorizes 2 or more public agencies, as defined, to jointly exercise any power common to the contracting parties, as provided. Among other things, that act also authorizes a mutual water company to enter into a joint powers agreement with any public agency for the purposes of risk pooling, as specified. Existing law, the Government Claims Act, among other things, authorizes public entities, mutual water companies, public agencies, water corporations, and mutual water companies to provide insurance under that act by a joint powers agreement, as specified. This bill would additionally authorize a nonprofit housing developer to enter into a joint powers agreement with any public agency for the purpose of risk pooling, and would expand the list of entities authorized to provide insurance by a joint powers agreement to include nonprofit housing developers. The bill would require that, if a nonprofit housing developer enters into a joint powers agreement with one or more public agencies, that the agreement ensure that no participating public agency becomes responsible for the underlying debts or liabilities of the joint powers agreement and that any participating public agency be indemnified against those debts and liabilities. The bill would require a joint powers agreement established pursuant to this authorization to solely utilize any revenues it generates to provide technical support, continuing education, safety engineering, and operational and managerial advisory assistance to its members for the purpose of reducing risk liabilities and furthering the technical managerial and financial capacity of those members. Existing law also authorizes 2 or more local public entities having the same governing board, a mutual water company and a public agency, or a water corporation, a mutual water company, and one or more public agencies, as specified, to be coinsured under a master policy and the total premium prorated among them. This bill would recast the provisions described above, provide that the affected entities are those authorized pursuant to specified provisions, and include among those entities nonprofit housing developers.
Existing law, commonly referred to as the Density Bonus Law, requires a city or county to provide a developer that proposes a housing development, as defined, within the city or county with a density bonus and other incentives or concessions, as specified, if the developer agrees to construct, among other options, 20% of the total units, as defined, for lower income students in a student housing development that meets certain requirements. These requirements include, among other things, that all units in the student housing development be used exclusively for undergraduate, graduate, or professional students enrolled full time at an institution of higher learning, and the rent provided in the applicable units of the development for lower income students is calculated at 30% of 65% of the area median income for a single-room occupancy unit type. This bill, for the purposes of a student housing development being eligible for a density bonus and other incentives or concessions, would revise and recast the rent requirements for the applicable units of the development for lower income students. The bill would also require a city or county to provide an additional density bonus, as specified, for a student housing development that meets the requirements for being eligible for the above-described density bonus and meets other specified criteria, including that the development provides 24% of the total units to lower income students, and the applicant agrees to include additional rental units affordable to moderate-income students, as defined, provided that the resulting student housing development would not restrict more than 50% of the total units, as defined, to moderate-income or lower income students. By imposing new duties on local governments, the bill would impose a state-mandated local program. This bill would incorporate additional changes to Section 65915 of the Government Code proposed by AB 2433, SB 1383, or both, to be operative only if this bill and AB 2433, SB 1383, or both are enacted and this bill is enacted last. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. 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 regulates the terms and conditions of residential tenancies, including imposing specified requirements on a security for a rental agreement for residential property. Existing law defines security as any payment, fee, deposit, or charge that is imposed to reimburse the landlord for costs associated with processing a new tenant or that is imposed as an advance payment of rent, used for any purpose, as provided. Existing law authorizes a landlord, or the landlord's agent, who receives a request to rent a residential property from an applicant to charge that applicant an application screening fee to cover the costs of obtaining information about the applicant, as provided. Existing law authorizes a landlord to accept a reusable tenant screening report, as provided, and prohibits the landlord from charging the applicant specified fees, including an application screening fee, if the landlord accepts the reusable tenant screening report. Existing law defines a reusable tenant screening report as a consumer report that, among other things, was prepared within the previous 30 days by a consumer reporting agency at the request and expense of the applicant and is available to the landlord at no cost to access or use. Existing law defines "unfair competition" to include any unlawful, unfair, or fraudulent business act or practice and unfair, deceptive, untrue, or misleading advertising and subjects a person who engages, has engaged, or proposes to engage in unfair competition to various remedies and penalties. This bill would repeal the provisions authorizing a landlord to accept reusable tenant screening reports and would, instead, require a landlord to accept from a prospective tenant a portable screening report prepared by a tenant screening company approved by the Department of Housing and Community Development, as provided. The bill would define various terms for these purposes, including defining a "portable screening report" as a consumer report prepared by a tenant screening company that, among other things, is dated within 45 days before submission to the landlord and costs the prospective tenant no more than $45. The bill would prohibit a landlord from, among other things, charging the prospective tenant specified fees associated with processing the rental application, including an application fee, or requiring the prospective tenant to undergo or pay for an additional background check, credit check, or tenant screening, if the prospective tenant provides a portable screening report under these provisions. The bill would require a landlord to advise a prospective tenant in an advertisement for a dwelling unit and before accepting any application materials for a dwelling unit on certain obligations of the landlord regarding portable screening reports. If the landlord rejects an application after reviewing the portable screening report provided by the tenant under these provisions, the bill would require a landlord to provide the prospective tenant with the specific reasons for rejection in writing, as provided. The bill would require the Department of Housing and Community Development to post on its internet website information for prospective tenants about these provisions. This bill would also require a landlord to provide in writing a complete and itemized disclosure of all application requirements to the prospective tenant before accepting any application materials. The bill would require that the disclosure, among other things, be provided in a clear, plain-language, and standardized format, as prescribed by the Department of Housing and Community Development. The bill would prohibit a landlord from adding, modifying, or requesting additional application requirements from a prospective tenant, except as provided, and prohibit a landlord from denying an application based a prospective tenant's failure to provide an application requirement that was not disclosed. The bill would specify that a violation of these provisions is an act of unfair competition, as described above. This bill would make a landlord who violates either of the above-described provisions liable to a prospective tenant in a civil action, as provided. The bill would require a prospective tenant to provide a landlord with an opportunity to cure the violation before bringing a civil action, as provided. The bill would additionally authorize the Attorney General to bring a civil action to seek specified remedies based on violations of its provisions. The bill would provide that these remedies are in addition to any other remedies. This bill would declare that its provisions are severable.
Existing law establishes the California Interagency Council on Homelessness (council) , which has various goals, including, among other things, to serve as a statewide facilitator, coordinator, and policy development resource on ending homelessness in California. This bill would require the council to, by July 1, 2028, complete a comprehensive statewide study of the coordinated entry system and its role in connecting individuals and families experiencing homelessness to affordable housing, as specified. The bill would require the council, in conducting the study, to meaningfully consult with a geographically representative group of stakeholders, as described, and would require the council, by July 1, 2028, to post the report on its internet website and submit the report to the Legislature and any relevant policy committees.
Existing law establishes the Department of Housing and Community Development and requires it to administer various programs intended to promote the development of housing, as specified, pursuant to which the department provides financial assistance in the form of deferred payment loans to pay for the eligible costs of development of specified types of housing projects. Existing law sets forth various general powers of the department in implementing these programs, including authorizing the department to enter into long-term contracts or agreements of up to 30 years for the purpose of servicing loans or grants or enforcing regulatory agreements or other security documents. This bill would permit the department to waive payment of residual receipts or minimum annual loan payments used to cover the cost of project monitoring required under a department regulatory agreement, based on the assessment by the department's actual cost in combination with a project's ability to pay.
The California Constitution generally limits ad valorem taxes on real property to 1% of the full cash value of that property. For purposes of this limitation, "full cash value" is defined as the assessor's valuation of real property as shown on the 1975–76 tax bill under "full cash value" or, thereafter, the appraised value of that real property when purchased, newly constructed, or a change in ownership has occurred. The California Constitution specifies that "newly constructed" does not include the construction or reconstruction of seismic retrofitting components, as defined by the Legislature. Existing law, pursuant to that constitutional authorization, defines seismic retrofitting components to mean seismic retrofitting improvements and improvements utilizing earthquake hazard mitigation technologies. Existing law, pursuant to constitutional authorization, also excludes from the definition of "newly constructed" the construction or installation of certain fire sprinkler systems, or other fire extinguishing systems, fire detection systems, or fire-related egress improvements. This bill would require the State Board of Equalization to clarify that a home hardening retrofitting improvement, as defined, to an existing structure is considered nonassessable repair and maintenance, provided that the improvement does not add square footage, change the property's use, include structural reconfigurations, or include substantial rehabilitation.
Existing law, the Planning and Zoning Law, requires each county and each city to adopt a comprehensive, long-term general plan for the physical development of the county or city, and specified land outside its boundaries, that includes, among other specified mandatory elements, a housing element. That law requires the Department of Housing and Community Development, in consultation with each council of governments, to determine the existing and projected need for housing in each region and further requires the appropriate council of governments, or the department for cities and counties without a council of governments, to adopt a final regional housing need plan that allocates a share of the regional housing need to each city, county, or city and county, as provided. Existing law establishes the Local Government Planning Support Grants Program, administered by the department, for the purpose of providing regions and jurisdictions with one-time funding, including grants for planning activities to enable jurisdictions to meet the sixth cycle of the regional housing need assessment, as provided. This bill would establish the Regional Early Action Planning Fund in the State Treasury for the purpose of providing councils of governments, regional entities, and jurisdictions with one-time funding, including grants for planning activities, to enable those entities to meet the 7th and subsequent cycles of the regional housing need assessment. The bill would require the department to allocate funds, upon appropriation by the Legislature, from the Regional Early Action Planning Fund to each council of governments or regional entity responsible for allocating regional housing need that applies and qualifies for those moneys, as specified. The bill would authorize a council of governments or regional entity to expend funds awarded for certain purposes, including for activities that support the development, improvement, or implementation of the methodology for the 7th and subsequent regional housing needs assessment cycles, and for providing jurisdictions with technical assistance, planning, temporary staffing, or consultant needs associated with updating local planning and zoning documents, as provided. The bill would require a jurisdiction that receives a suballocation of funds to only use that suballocation for housing-related planning activities, as provided. The bill would authorize the department to monitor expenditures and activities of an applicant, as the department deems necessary, to ensure compliance with program requirements. The bill would require each recipient of funds under the program to expend those funds no later than 3 years from the date of award of those funds, subject to an extension by the department. Existing law, the Administrative Procedure Act, sets forth the requirements for the adoption, publication, review, and implementation of regulations, including emergency regulations, by state agencies. This bill would require the department, in collaboration with stakeholders, to adopt emergency regulations to implement the above-described provisions. The bill would also make those emergency regulations effective until nonemergency regulations implementing the above-described provisions become effective.
The California Financing Law (CFL) generally regulates consumer loan lending practices by finance lenders, brokers, and program administrators. The CFL makes a willful violation of its provisions a crime. This bill would prescribe requirements on loans provided to consumers for the purpose of advancing residential real property rent payments for certain finance lenders and servicers, including prohibiting more than 2 installment payments for the loans, specifying the amount that may be charged for late fees, prescribing disclosure requirements, and prohibiting advertising 0% APR for the loan unless specified conditions are met. By expanding the scope of a crime under the CFL, 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 a specified reason.
The Bergeson-Peace Infrastructure and Economic Development Bank Act creates within the Governor's Office of Business and Economic Development the California Infrastructure and Economic Development Bank (bank) and requires it to administer the act, which, among other things, provides for the financing of certain economic development projects. This bill would establish, upon appropriation by the Legislature, the Multifamily Backstop Financing Program (program) , for purposes of supporting multifamily projects through the provision of state-backed credit backstops that would enable surety companies to issue payment and performance bonds to qualified offsite housing factories in the state. The bill would authorize the bank to provide credit backstops to surety companies and surety insurers that issue construction bonds according to specified parameters. The bill would require the bank to adopt rules and regulations necessary to implement the program.
