Existing law regulates the sale of subdivided lands and prescribes definitions for this purpose. Existing law defines a subdivision to include, among other things, condominium projects and planned developments, as specified, and other common interest developments. Existing law requires a person who intends to offer subdivided lands for sale or lease to file with the Department of Real Estate an application for a public report, as specified. Existing law prescribes various restrictions on the sale or lease of lots in a subdivision. In certain instances, existing law permits lots to be sold or leased only if the money paid or advanced by a purchaser or lessee is placed into an escrow account or a bond furnished for the purpose of protecting purchasers or lessees. This bill would permit a purchaser's deposit that is held in escrow pursuant to a binding sales contract for a lot or parcel within a subdivision that is not yet constructed or developed to be disbursed before closing to pay for project construction costs, as specified. The bill would permit the disbursement of a purchaser's deposit before closing and the conveyance or leasing of any unit before completion of construction if specified conditions are met, including, among other things, that the developer has submitted to the Department of Real Estate a project budget showing all costs required to be paid in order to complete the project, the department has reviewed and approved the proposed disbursement, and the purchaser provides express informed consent to the disbursement, as specified. If a purchaser's funds are to be disbursed before the completion of construction of the project, the bill would require the developer to submit specified information to the Department of Real Estate, including, among other things, a copy of the purchaser's express informed consent to the disbursement. The bill would permit the disbursement of a purchaser's deposit before closing and the disbursement of moneys from the conveyance or leasing of units before completion of construction to pay any cost set forth in the project budget, as specified. The bill would require a specified notice to be prominently displayed in the developer's public report for the project if a purchaser's deposit is to be disbursed before closing or if moneys from the conveyance or leasing of units before completion of construction are to be disbursed to pay for project costs. The bill would require the Department of Real Estate to complete a review required by these provisions within 30 days of receipt of the document to be reviewed. Existing law provides that a provision in a contract to purchase and sell residential property that provides that all or any part of a payment made by the buyer constitutes liquidated damages to the seller upon the buyer's failure to complete the purchase of the property is valid if certain conditions are satisfied, including certain conditions pertaining to whether the amount actually paid pursuant to the liquidated damages provision does or does not exceed 3% of the purchase price. This bill would provide that, notwithstanding the provisions described above, the amount actually paid pursuant to a liquidated damages provision may exceed 3% of the purchase price if the bill's provisions described above are satisfied, in which case the bill would require that the liquidated damages equal the amount of the deposit.
Sponsored bills
Maddy summaryThis Senate Resolution formally recognizes May as Maternal and Mental Health Awareness Month in California to highlight critical issues facing women and birthing people. The document draws attention to disparities in reproductive care, noting that many women lack access to hospitals with obstetrics services and that costs for fertility treatments remain a significant barrier. It also emphasizes the high prevalence of untreated mental health conditions among new mothers, particularly within communities of color and those with lower incomes. While the resolution does not create new laws, it serves to raise public awareness about the need for equitable access to both physical and mental health services during the reproductive years.
Existing law makes it a crime to possess for sale or purchase for purpose of sale, transport, or sell, various controlled substances, including, among others, fentanyl. Existing law requires the court, when granting probation after conviction of any controlled substance offense, as specified, to order as a condition of probation that the defendant secure education or treatment from a local community agency and requires the court or probation department to refer defendants to controlled substance education or treatment programs that adhere to specified standards. Existing law permits a defendant to withdraw their plea of guilty or plea of nolo contendere and enter a plea of not guilty and authorizes a court to set aside a verdict of guilty, if the defendant has met certain requirements. This bill would require a person who is convicted of, or who pleads guilty or no contest to, the above-described crimes as they relate to fentanyl to receive a written advisory of the danger of distribution of controlled substances and that, if a person dies as a result of that action, the distributor can be charged with homicide or murder. The bill would require that the fact the advisory was given be on the record and recorded on the abstract of the conviction. This bill would require a defendant who is charged with the above-described crimes to be ordered to complete a substance education or treatment program, as described above, and would state that a defendant who successfully completes an education or treatment program is eligible for the relief described above. This bill would declare that it is to take effect immediately as an urgency statute.
(1) Existing law sets forth standards for determining liability in an action seeking the recovery of damages arising out of, or related to, deficiencies in residential construction, design, and related issues, and specifies the characteristics of those deficiencies. This bill would require a deficiency in the specific standards described above to materially affect the habitability or usefulness of the residential dwelling unit and to be a result of a failure to meet the standard of care in order for the builder to be liable, as specified. The bill would define "standard of care" as the level of care standard in an industry for similar work performed in the state. (2) Existing law provides for prelitigation procedures for construction defect claims, pursuant to which a claimant and a builder engage in a nonadversarial procedure to resolve deficiencies in construction prior to an adversarial enforcement action. That procedure includes, among other things, an inspection and repair of the alleged defective construction by the builder. Existing law prohibits a builder from obtaining a release or waiver in exchange for such repair work. Existing law authorizes evidence of a repair effort to be admitted as evidence in the event of an enforcement action, and provides that if the claimant contends that repair work was inadequate that the claimant need not shown that the repair work resulted in further damage. This bill would provide for the participation of a special inspector, as defined, in the inspection and approval of repair work performed pursuant to these procedures, and require the builder to obtain and pay for a building permit to perform such work. The bill would instead authorize a builder to obtain a release or waiver upon completion of repair work. This bill would require a local permitting authority to issue a building permit for these purposes within 30 days of receipt of an application for a permit, thereby creating a state-mandated local program. The bill would provide that a claimant's rejection of an offer to repair is not inadmissible in an enforcement action. The bill would delete the evidentiary provisions described above and instead authorize the introduction of a building permit and reports from a special inspector as evidence in an enforcement action. (3) Existing law provides for various affirmative defenses for a builder, general contractor, subcontractor, material supplier, individual product manufacturer, or design professional who is defending an enforcement action for construction deficiencies described above. This will would add a builder's compliance with a building permit and approval of repairs from the permitting body, and the builder's receipt of approval from a special inspector to these affirmative defenses. 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.
Under existing law, there are programs providing assistance for, among other things, emergency housing, multifamily housing, farmworker housing, home ownership for very low and low-income households, and downpayment assistance for first-time home buyers. Existing law also authorizes the issuance of bonds in specified amounts pursuant to the State General Obligation Bond Law and requires that proceeds from the sale of these bonds be used to finance various existing housing programs, capital outlay related to infill development, brownfield cleanup that promotes infill development, and housing-related parks. This bill would enact the Affordable Housing Bond Act of 2024, which, if adopted, would authorize the issuance of bonds in the amount of $10,000,000,000 pursuant to the State General Obligation Bond Law. Proceeds from the sale of these bonds would be used to finance programs to fund affordable rental housing and homeownership programs, including, among others, the Multifamily Housing Program, the CalHome Program, and the Joe Serna, Jr. Farmworker Housing Grant Program. This bill would provide for submission of the bond act to the voters at the March 5, 2024, statewide general election in accordance with specified law. This bill would declare that it is to take effect immediately as an urgency statute.
This measure would declare the month of September 2023 as California Emergency Preparedness Month.