AB 1764: Housing omnibus.

(1)Existing law exempts a limited-equity housing cooperative or a workforce housing cooperative trust, as those terms are defined, from certain requirements governing subdivided lands, if the cooperative or trust complies with various conditions, including, among others, if specified federal or state agencies, banks, credit unions, financial institutions, or local government agencies, or a combination thereof, directly finance or subsidize a percentage of the total construction or development cost, as prescribed.

This bill would also include a housing authority and a community development commission within the above-described entities, and would make other related and conforming changes to these provisions.

(2)Existing law requires a landlord or their agent to provide an applicant requesting to rent a residential property with a receipt for the fee paid by the applicant, which itemizes the out-of-pocket expenses and time spent by the landlord or their agent to obtain and process information about the applicant.

This bill would authorize the landlord or their agent and the applicant to agree to have the landlord provide a copy of the receipt for the fee paid by the applicant to an email account provided by the applicant.

(3)Existing law, the Davis-Stirling Common Interest Development Act, regulates common interest developments. Existing law provides procedures governing the election of members of the board of directors of common interest development associations. Existing law authorizes an association to impose certain qualification requirements on a nominee for a board seat, including requiring a nominee to have been a member for at least one year, and disqualifying a nominee for a past criminal conviction that would, if the nominee were elected, either prevent the association from purchasing certain required insurance or terminate the associations existing required insurance coverage, as specified.

Under this bill, an association that disqualifies a nominee pursuant to the above-described provisions would be required in its election rules to require a director to comply with the same requirements.

Under existing law, if there are not more qualified candidates than vacancies, an association is authorized to consider the candidates elected by acclamation if, among other conditions, the association permits all candidates to run if nominated. However, an association is authorized to disqualify a nominee who has served the maximum number of terms or sequential terms allowed by the association.

This bill, instead, would require an association to disqualify that nominee. Under the bill, a director who ceases to be a member of the association would be disqualified from continuing to serve as a director.

(4)Existing Law, the Planning and Zoning Law, requires an owner of an assisted housing development, as defined, to give certain advance notice before the anticipated date of the termination of a subsidy contract, the expiration of rental restrictions, or the prepayment on an assisted housing development, to tenants and specified public entities, except as provided. Existing law defines an assisted housing development for these purposes to mean a multifamily rental housing development of five or more units that receives governmental assistance under any of specified programs.

This bill would include a provision of the federal Cranston-Gonzalez National Affordable Housing Act on housing for persons with disabilities, as well as a rental assistance program of the federal Housing Act of 1949, within those specified programs. The bill would also include grants and loans made by the California Housing Finance Agency for rental housing and would make related changes to those provisions.

(5)Existing law, the Affordable Housing and High Road Jobs Act of 2022, until January 1, 2033, establishes a streamlined development process for affordable housing developments that meet specified objective standards and affordability and site criteria, including, for certain developments, that the project site abuts a commercial corridor, as specified, and the property meets certain setback standards depending on, among other factors, the portion of the property that fronts a side street. Existing law defines commercial corridor for purposes of that act to mean a highway that is not a freeway and that has a right-of-way, as defined in a specified Vehicle Code provision, of at least 70 and not greater than 150 feet. Existing law also defines side street under the act to mean a highway that is not a freeway that has a right-of-way, as defined in that Vehicle Code provision, of at least 25 and fewer than 70 feet.

This bill would delete from the definitions of commercial corridor and side street the references to that Vehicle Code provision defining right-of-way.

(6)Existing law prohibits a manufacturer or distributor licensed under the Manufactured Housing Act of 1980 from increasing the prices of manufactured homes, mobilehomes, or commercial coaches that the dealer ordered for private retail consumers before the dealers receipt of the written official price increase notification. Under existing law, a sales contract signed by a private retail consumer constitutes evidence of each order.

This bill would delete the above provision on a sales contract constituting evidence of each order.

(7)Existing law authorizes the Department of Housing and Community Development to provide financial assistance to certain households in purchasing a home, as specified. Existing law also authorizes the department to provide financial assistance to nonprofit corporations and stock cooperative corporations to develop or purchase a mobilehome park, ownership of which will be transferred to persons and families of low or moderate income. Existing law prohibits a limited equity housing cooperative from being deemed to be a nonprofit for the purpose of these provisions.

This bill would delete the above provision that prohibits a limited equity housing cooperative from being deemed a nonprofit for that purpose.

(8)Existing law establishes various programs and funding sources administered by the Department of Housing and Community Development to enable the development of affordable housing, including the Affordable Housing and Sustainable Communities Program, the Multifamily Housing Program, the Housing for a Healthy California Program, the Veterans Housing and Homeless Prevention Act of 2014, and the HOME Investment Partnership Program.

Existing law prohibits the department from requiring, for a unit subject to a qualified project rental or operating subsidy, a reserve account or a set aside of funds accruing to the benefit of a particular affordable rental housing development to address the impacts on tenants of a loss or exhaustion of a rental or operating subsidy. Existing law, instead, establishes the continuously appropriated Pooled Transition Reserve Fund, which consists of, among other moneys, fees charged by the department to projects that receive qualified project rental or operating subsidies at the time of permanent loan closing, as specified, for the purpose of mitigating the impacts on tenant rents from the loss or exhaustion of a qualified project rental or an operating subsidy. Existing law defines qualified project rental or operating subsidy under these provisions to include, among other assistance, the local rental housing subsidy programs operated by the City and County of San Francisco and the City of Los Angeles.

This bill would revise that part of the definition to instead include a local rental housing subsidy program operated by the City and County of San Francisco or the County of Los Angeles.

(9)Existing law requires the Department of Housing and Community Development to submit various reports and plans at various times to various entities, including reports related to building standards submitted to the California Building Standards Commission, reports related to the Code Enforcement Incentive Program, updates to the California Statewide Housing Plan, and reports related to the No Place Like Home Program. Existing law also requires the department, on or before December 31 of each year, to submit an annual report to the Governor and both houses of the Legislature on the operations and accomplishments during the previous fiscal year of the housing programs administered by the department, as specified.

This bill would require specified reports and plans the department is already required to submit at various times to various entities to instead be included in the departments annual report, as specified.

(10)Existing law, the State Housing Law, requires a city or county that receives a complaint from an occupant of a homeless shelter, or an agent of an occupant, that alleges that the homeless shelter is substandard, as specified, to take certain actions, including inspecting the homeless shelter or portion thereof intended for human occupancy that may be substandard. Existing law, the California Building Standards Law, requires each city, county, or city and county to collect a fee from any applicant for a building permit at a specified rate. Existing law authorizes the city, county, or city and county to retain up to 10% of this fee for related administrative costs and for code enforcement education and requires the city, county, or city and county to transmit the remaining amount to the California Building Standards Commission for deposit in the Building Standards Administration Special Revolving Fund, to be used upon appropriation for specified purposes.

This bill would make technical changes to the above provisions, relating to the inspection of homeless shelters alleged to be substandard and the transmittal and deposit of fee moneys in the Building Standards Administration Special Revolving Fund, to correct various cross-references within those provisions.

(11)This bill would incorporate additional changes to Section 50423 of the Health and Safety Code proposed by AB 1474 to be operative only if this bill and AB 1474 are enacted and this bill is enacted last.

This bill would incorporate additional changes to Section 53559 of the Health and Safety Code proposed by SB 341 to be operative only if this bill and SB 341 are enacted and this bill is enacted last.