Housing

Finance and Development
Mobilehomes
Miscellaneous
Mortgage/Foreclosure Reform

Finance and Development

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SB 16* (Lowenthal-D) Low-income housing tax credits
Makes the low-income housing tax credit a refundable credit for qualified taxpayers from 7/1/08 until 1/1/11. Extends partnership allocation rules to credits awarded to qualified projects, and specifies that any refunded amounts will not be subject to taxation.
(In Senate Appropriations Committee)

SB 68* (Senate Budget And Fiscal Review Committee) Redevelopment: Budget trailer bill
Modifies the provisions enacted by AB 26XXXX (Assembly Budget Committee), Chapter 21, Statutes of 2009, which shifted $1.7 billion in redevelopment revenues to the Supplemental Educational Revenue Augmentation Fund in 2009-10, thereby benefiting the State General Fund. The modifications provide additional flexibility to redevelopment agencies in making the required transfer and specify the use of more recent redevelopment agency data in the calculation of the revenue shift.
Chapter 652, Statutes of 2009

SB 93 (Kehoe-D) Redevelopment: payment for land or buildings
Distinguishes between the public works projects that redevelopment agencies can finance inside and contiguous to redevelopment project areas and the public works projects that redevelopment agencies can finance outside project areas.
Chapter 555, Statutes of 2009

SB 224* (Correa-D) Housing assistance
Clarifies that CalHome funds may be used for the rehabilitation of mobilehomes and accessory structures to meet new state building code requirements to install fire resistant exteriors in specified circumstances. Allows the California Housing Finance Agency (CalHFA) to subordinate a downpayment assistance loan made through the California Homeownership Downpayment Assistance Program to refinance the mortgage if CalHFA makes specified determinations.
Chapter 172, Statutes of 2009

SB 326 (Strickland-R) Land use: housing element
Provides that if a city or county in the prior planning period failed to identify or make available adequate sites to accommodate that portion of the regional housing need allocated to it, the city or county, within the first year of the planning period of the new housing element, is authorized to identify adequate sites to accommodate the unaccommodated portion of the regional housing need allocation from the prior planning period.
(In Assembly Local Government Committee)

SB 430 (Dutton-R) Redevelopment: County of San Bernardino
Extends the County of San Bernardino Redevelopment Agency's Cedar Glen Disaster Recovery Project Area's time limit from 10 years to 15 years for the plan's effectiveness.
Chapter 13, Statutes of 2009

SB 530 (Dutton-R) Redevelopment: payments to taxing entities
Applies the redevelopment pass-through reporting and repayment requirements enacted by last year's State Budget to redevelopment project areas that were formed before 1/1/94 and amended after 1/1/94.
(In Assembly Local Government Committee)

SB 547 (Runner-R) Real estate: subdivided lands
Exempts from the definition of "subdivided lands" and "subdivision" an undivided interest in raw land that meets five specified conditions, including the condition that a purchaser be given a completed disclosure statement before executing a purchase and sale agreement.
(In Senate Judiciary Committee)

SB 575 (Steinberg-D) Local planning: housing element
Revises timelines for the adoption of the fifth revision of the housing element by specified local governments, provides for timelines for subsequent housing element revisions, and makes other changes related to the clean-up of SB 375 (Steinberg), Chapter 728, Statutes of 2008.
Chapter 354, Statutes of 2009

SB 595* (Cedillo-D) Homeless Veterans Housing & Supportive Services Act of 2010
Enacts the Homeless Veterans Housing and Supportive Services Act of 2010, authorizing the issuance of $1.5 billion in general obligation bonds to provide funds for supportive housing projects for homeless veterans or veterans at risk of homelessness. The Act will only become operative if approved by the voters at the 11/2/10 statewide general election.
(In Senate Appropriations Committee)

SB 622* (Lowenthal-D) Low-income housing tax credits
Provides that partnership agreements may allocate state low-income housing tax credits to partners regardless of whether the allocation has substantial economic effect for low-income housing tax credits allocated during the 2008 calendar year.
(In Senate Appropriations Committee)

SB 812 (Ashburn-R) Developmental services: housing
Requires the housing element to include an analysis of the special housing needs of persons with autism spectrum disorders. Requires the Department of Housing and Community Development, in cooperation with the Department of Developmental Services, to report to the Legislature on the housing needs of persons diagnosed with an autism spectrum disorder.
(In Senate Appropriations Committee)

SB 813 (Kehoe-D) Community development
Allows the Department of Housing and Community Development, for four years, to make financial assistance provided for self-help housing through the CalHOME program, the Building Equity and Growth in Neighborhoods, the Home Investment Partnership Program, and the Joe Serna Jr. Farmworker Housing Grant program as a deferred payment loan to be paid through an increase in the future equity of the home.
Vetoed

SB 15XX* (Ashburn-R) Home purchase tax credit
Allows taxpayers purchasing a new or previously unoccupied home between 3/1/09 and 3/1/10, a tax credit in the amount of the lesser of 5% of the purchase price or $10,000, spread over the three tax years following the taxable year in which the home was purchased. A taxpayer may only receive one tax credit under this section, and the home must be purchased to be the principal residence for the taxpayer, and eligible for the homeowners' exemption from property tax. Allocates up to $100 million in tax credits to be allocated on a first-come, first-served basis by the Franchise Tax Board (FTB), and provides procedures for FTB to ensure that efficient credit allocation and regulatory authority to implement the bill. Enacts technical provisions that require the seller to issue a certification to the buyer, and notification to the FTB, and also enacts provisions that allow multiple buyers of a residence to qualify for the credit and distribute the credit amount to each buyer. Sunsets 12/1/13.
Chapter 11, Statutes of 2009-10, Second Extraordinary Session

SB 37XXX* (Ashburn-R) Home purchase tax credit
Expands usage of the Qualified Principal Residence Purchase Credit enacted by SB 15XX (Ashburn-D), Chapter 11, Statutes of 2009-10, Second Extraordinary Session. Specifically, (1) reduces the total amount of tax credit available for allocation by 70%, thereby allowing $30 million to be allocated to additional applicants, (2) specifies that the credit is only eligible for purchases of a qualified principal residence from 3/1/09 through 7/2/09, and from the effective date of this bill until 3/1/10; the credit will not be available for purchases between 7/2/09 and the effective date of the bill, (3) specifies that the total amount of tax credit that may be allocated under the program will be $100 million, rather than the total amount that may be allowed, and (4) requires the specified certification to be provided by the seller within one week before or after the close of escrow and secured by the Franchise Tax Board no later than 7/2/09.
(Died at Assembly Desk)

AB 280 (Blakeslee-R) California Earthquake Authority: retrofit programs
Authorizes the California Earthquake Authority to establish a grant or loan program to retrofit specified "soft-story" buildings. Soft-story buildings are those with a ground floor less stable than upper floors, most often due to commercial or parking spaces at the first floor.
(In Assembly Appropriations Committee)

AB 338 (Ma-D) Transit village developments
Allows local officials to divert property tax increment revenues to pay for public facilities and amenities within transit village development districts.
Vetoed

AB 494 (Caballero-D) Local planning: agricultural laborer housing
Exempts from the Subdivision Map Act the lease of agricultural land to nonprofit organizations for the purpose of operating an agricultural labor housing project, if the property meets certain conditions.
Chapter 447, Statutes of 2009

AB 498 (Hayashi-D) Affordable housing: veterans
Requires the Department of Veterans Affairs to collaborate with the Department of Housing and Community Development to facilitate the development of multifamily housing for military veterans and their families.
(In Assembly Veterans Affairs Committee)

AB 570 (Arambula-IN) Local Housing Trust Fund Matching Grant Program
Reduces the minimum grant amount a newly established housing trust fund that represents a county with a population of less than 425,000 can receive from the Local Housing Trust Fund Matching Grant Program, administered by the Department of Housing and Community Development, from $1 million to $500,000.
Chapter 455, Statutes of 2009

AB 602 (Evans-D) Land use and planning: cause of actions
Authorizes a notice of an action or proceeding against local zoning and planning decisions of a legislative body to be filed any time after an action to adopt, amend, or revise a housing element pursuant to existing law.
(In Senate Rules Committee)

AB 666 (Jones-D) Subdivision maps
Requires the legislative body of a county to make three specified findings before approving a tentative map or a parcel map for an area located in a state responsibility area or a very high fire hazard severity zone as designated by the Department of Forestry and Fire Protection.
Vetoed

AB 702 (Salas-D) Emergency Housing and Assistance Fund
Requires the Department of Housing and Community Development each year to set aside a portion of Emergency Housing Assistance Program - Operations Grant funds that is equal to the percentage of veterans within the homeless population for veterans-only projects or projects that give preference to veterans.
(In Senate Transportation and Housing Committee)

AB 720 (Caballero-D) Land use: housing element
Allows a city or county to meet up to 25% of its housing need allocation through the acquisition, preservation, or substantial rehabilitation of affordable housing units for which the city or county has committed financial assistance in the two years prior to the beginning of the housing element planning period, in addition to during the first two years of the planning period.
Chapter 467, Statutes of 2009

AB 765* (Caballero-D) Income tax: credit: purchase: principal residence
Expands usage of the Qualified Principal Residence Purchase Credit enacted as part of the 2009-10 Budget.
(On Senate Third Reading File)
A similar bill was SB 37XXX (Ashburn-R) which died at the Assembly Desk.

AB 782 (Jeffries-R) Regional residential project transportation plans
Prohibits judicial review of specified Air Resources Board and local government decisions related to greenhouse gas emissions and land use. Expands specified California Environmental Quality Act exemptions which are currently available only to a residential project to any project.
(In Assembly Natural Resources Committee)

AB 841 (Fuentes-D) Low-income housing tax credits
Requires the California Tax Credit Allocation Committee to allocate a portion of the low-income housing tax credits to the City of Los Angeles, as provided.
(In Assembly Housing and Community Development Committee)

AB 897 (Torres-D) Housing assistance: homeless prevention and rapid re-housing
Establishes the Homeless Prevention and Rapid Re-Housing Program within the Department of Housing and Community Development for the purpose of distributing funds to two specified populations of individuals and families facing housing instability, estimated at approximately $44 million, provided by the federal Homeless Prevention and Rapid Re-Housing Program established under the American Recovery and Reinvestment Act of 2009.
(In Assembly Housing and Community Development Committee)

AB 1051 (Fletcher-R) Veterans: Pooled Self-Insurance Fund
Consolidates the Department of Veterans Affairs Home Loan Program's four insurance reserve funds into the Pooled Self-Insurance Fund, and allows the department to purchase insurance related to the Program from the monies appropriated from the Pooled Fund.
Chapter 502, Statutes of 2009

AB 1065* (Gilmore-R) Low-income housing tax credits
Modifies the recapture amount in the case of the low-income housing tax credit applicable to farmworker housing.
(In Assembly Housing and Community Development Committee)

AB 1076 (Jones-D) Infill Incentive Grant Program of 2007
Requires the Department of Housing and Community Development, with respect to grant awards affected by the requirement that a redevelopment agency remit a specified amount of funds, to include guidelines, among the adopted guidelines, for the reversion of grant awards that are not encumbered within a reasonable period of time.
(In Senate Rules Committee)

AB 1177 (Fong-D) Homelessness: Interagency Council on Homelessness
Establishes the Interagency Council on Homelessness and prescribes its membership and duties.
(In Senate Appropriations Committee)

AB 1330 (Salas-D) Veterans: pilot project: cooperative housing
Authorizes the Department of Veterans Affairs to establish a pilot project for the purpose of operating a cooperative housing project, in which the department would prescribe the rules, regulations, and conditions necessary to implement the pilot project.
Chapter 524, Statutes of 2009

AB 1331 (Duvall-R) Subdivision map approval: validity of map
Provides that the filing of a final or parcel map by the county recorder constitutes the final act in obtaining the right to subdivide according to the terms of the final or parcel map.
(In Assembly Local Government Committee)

AB 1332 (Salas-D) Taxation: military housing
Expands the property tax exemption currently provided to operators of family housing on military bases to include non-family housing, such as bachelor quarters and barracks, and strengthens existing-law requirements that all property tax savings be used for the benefit of residents.
(In Assembly Appropriations Committee)

AB 1344 (Fletcher-R) Taxation: military housing
Modifies the criteria that must be met for a private contractor's long-term lease of military housing to be excluded from classification as a possessory interest subject to property taxation.
(In Assembly Revenue and Taxation Committee)

AB 1408 (Krekorian-D) Subdivisions: Water Demand Mitigation Fund
Establishes a Water Demand Mitigation Fund that a public water system may authorize a subdivision project applicant to voluntarily contribute to in order to offset at least 100% of the projected water demand associated with the subdivision, and requires all monies in the Fund to be expended on water conservation measures that will offset at least 100% of the subdivision's projected water demand.
(On Assembly Inactive File)

AB 1459 (Davis-D) Multifamily Housing Program: veterans
Allows housing developers receiving funding under the Department of Housing and Community Development's Supportive Housing Program to restrict occupancy based on veteran status, as specified.
Chapter 533, Statutes of 2009

AB 1529 (Salas-D) Community Stabilization Home Loan Program
Authorizes the California Housing Finance Agency to continue in existence the Community Stabilization Home Loan Program, and authorizes the Agency to place specified restrictions on the eligibility of properties, as specified.
(In Assembly Housing and Community Development Committee)

AB 1554* (Assembly Jobs, Economic Development And The Economy Committee) Low-income housing tax credit
Modifies, in the case of the low-income housing tax credits applicable to farmworker housing, the recapture amount, as provided.
(In Senate Rules Committee)

AB 1556 (Assembly Jobs, Economic Development And The Economy Committee) Community development: grants
Defines the term "qualified financial intermediary" for purposes of the Community Development Block Grant Program.
(In Assembly Housing and Community Development Committee)

AB 12XXXX* (Evans-D) Housing assistance
Authorizes the California Housing and Finance Agency (CalHFA) to permit the down payment assistance loan to be subordinated to refinancing (refinancing may take place prior to loan repayment), if CalHFA determines the borrower has demonstrated hardship and is at risk of foreclosure.
Chapter 12, Statutes of 2009-10, Fourth Extraordinary Session

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Mobilehomes

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SB 23 (Padilla-D) Manufactured housing: emergency preparedness plans
Requires an owner or operator of a mobilehome park or a recreational vehicle park to adopt and post notice of an emergency preparedness plan.
Chapter 551, Statutes of 2009

SB 73 (Senate Budget And Fiscal Review Committee) Mobilehome fees
Repeals and reinstates language of AB 12XXXX (Evans-D), Chapter 12, Statutes of 2009-10, Fourth Extraordinary Session, increasing mobilehome registration fees by $12 and increases the Permit to Operate fee to $140, to ensure mobilehome park inspections and other services can continue to be provided.
Chapter 341, Statutes of 2009

SB 111 (Correa-D) Mobilehome Residency Law
Groups certain existing sections of the Mobilehome Residency Law (MRL) into a new Article 4 entitled "Utilities." Replaces the word "tenant" with "resident" in one existing section, consistent with terminology used throughout the MRL. States that nothing in the bill shall be construed to affect the application of any other statute, regulation, or any existing contract, lease, rental agreement, or related document.
Chapter 558, Statutes of 2009

SB 398 (Correa-D) Mobilehome parks: fire code enforcement
Specifies that fire prevention regulations adopted by the Department of Housing and Community Development are not applicable in a mobilehome park within a special district, or another entity organized solely to provide fire protection services and monitored and funded by a county or other public entity.
Chapter 586, Statutes of 2009

SB 804 (Leno-D) Mobilehomes: sales and replacements
Prohibits the management of a mobilehome park from requiring a homeowner to use a specific broker, dealer, or other person as an agent in the purchase or installation of a replacement home.
Chapter 66, Statutes of 2009

AB 481 (Ma-D) Mobilehome parks: rent control
Exempts from rent control a mobilehome located on a space within a mobilehome park that is not the homeowner's principal residence without regard to whether the homeowner has rented the mobilehome to another party, except as specified.
(In Assembly Housing and Community Development Committee)

AB 566 (Nava-D) Mobilehome parks: conversion
Provides that a local government may consider the level of support that a subdividers survey demonstrates when approving or disapproving a mobilehome park conversion to resident ownership.
Vetoed

AB 761 (Charles Calderon-D) Mobilehomes: rent control
Allows the management of a mobilehome park in a jurisdiction with a mobilehome rent control ordinance to set the initial rental rate upon a new tenancy at either market rate or up to twice the last-charged rent, whichever is less.
(In Senate Rules Committee)

AB 869 (Mendoza-D) Mobilehome parks: Certified Mobilehome Park Manager
Defines "certified mobilehome park manager" as a park manager who has met specified requirements. Specifies that to use the title "certified mobilehome park manager," a person must have, within the past two years, completed a course of study that was developed and administered in a manner consistent with the standards and requirements set forth by the American Educational Research Association's "Standards for Educational and Psychological Testing."
(In Assembly Housing and Community Development Committee)

AB 880 (Niello-R) Manufactured housing: prefabricated panelized homes
Requires a person who constructs a "prefabricated panelized home" to obtain a contractor's license from the Contractors State License Board.
(In Assembly Appropriations Committee)

AB 1474* (Cook-R) Mobilehomes: sales and use taxes: exemption
Exempts a new mobilehome from the recently enacted one percent sales and use tax increase if both of the following conditions are met: (1) the mobilehome is sold by a retailer to a purchaser under the circumstances described in Section 6012.8 or 6012.9 of the Revenue and Taxation Code (i.e., sold for occupancy as a residence), and (2) the purchaser's contract was entered into on or before 2/20/09, and the sale to the purchaser occurs on or after 4/1/09.
(In Assembly Appropriations Committee)

AB 12XXXX* (Evans-D) Mobilehome fees
Increases mobilehome registration fees by $12 and increases the Permit to Operate fee to $140, to ensure mobilehome park inspections and other services can continue to be provided.
Chapter 12, Statutes of 2009-10, Fourth Extraordinary Session

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Miscellaneous

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SB 73 (Senate Budget And Fiscal Review Committee) State fees
Repeals and reinstates language of AB12XXXX (Evans-D), Chapter 12, Statutes of 2009-10, Fourth Extraordinary Session, increasing fees on providers of employee housing to $200 per facility and $27 per employee in order to maintain minimal safety inspection service for these facilities. Suspends, until 7/1/12, the requirement that the Department of Housing and Community Development provide an annual employee housing report.
Chapter 341, Statutes of 2009

SB 109 (Calderon-D) Auctioneers: real estate
Revises the definition of auction to include real estate sales, as specified, and requires notification to an auction audience of all fees that will be levied as a condition of bidding, and an explanation of certain terms relating to the auction. Requires the return of deposits and fees in a specified time if the high bidder's offer is rejected or if the seller does not respond to the offer.
Vetoed

SB 113 (Senate Local Government Committee) Local Government Omnibus Act of 2009
Enacts the Local Government Omnibus Act of 2009, and makes 39 changes to the state laws affecting local agencies' powers and duties. Requires cities and counties to approve or disapprove lot line adjustments pursuant to the Permit Streamlining Act, and standardizes the language on final maps and parcel maps regarding the dedication of property in fee or as easements.
Chapter 332, Statutes of 2009

SB 120 (Lowenthal-D) Residential: utility service
Revises existing public utility termination notice provisions, which currently apply only to the multi-unit residential tenancies, to any residential structure, including a single-family dwelling.
Chapter 560, Statutes of 2009

SB 166 (Runner-R) Special occupancy parks
Allows occupancy of a camper that is dismounted from a pick-up truck in a special occupancy park when approved by park management and specified conditions are met.
Vetoed

SB 183 (Lowenthal-D) Residential building safety
Enacts the Carbon Monoxide Poisoning Prevention Act of 2009 requiring all existing dwellings, completed or occupied by 1/1/10, intended for human occupancy that have a fossil fuel burning appliance, a fireplace, or an attached garage to install a carbon monoxide device.
(On Assembly Inactive File)

SB 237 (Calderon-D) Real estate appraisers
Creates a registration program for appraisal management companies (AMCs), as defined, within the Office of Real Estate Appraisers, and requires AMCs to meet similar existing licensing program requirements for independent appraisers. Specifies and clarifies prohibited acts by AMCs as well as others who have an interest in a real estate transaction involving an appraisal.
Chapter 173, Statutes of 2009

SB 251 (Senate Transportation And Housing Committee) Housing and community development: housing omnibus bill
Clarifies the timeline for the Department of Housing and Community Development to review a council of government's regional housing needs allocation plan, revises a Subdivision Map Act exemption relating to the conversion of community apartments and stock cooperatives, corrects drafting errors relating to the strapping of water heaters in manufactured housing and to Chapter 8 tax sales, allows the direct sale of manufactured homes to non-profit affordable housing developers, and revises timelines related to the Local Housing Trust Fund Program.
Chapter 632, Statutes of 2009

SB 259 (Benoit-R) Common interest developments: elections
Provides that, if a court voids any results of a common interest development election for one or more common interest development association board member, the court shall not invalidate a decision of the Board that was reached after the Board was seated, pursuant to that election, unless the court finds that the action of the Board was contrary to law or the governing documents.
(In Senate Judiciary Committee)

SB 283* (DeSaulnier-D) Building standards: recycled water systems
Revises the date the Department of Water Resources is required to adopt and submit regulations to the Building Standards Commission to establish a version of Appendix J of the Uniform Plumbing Code for California for design standards for both potable and recycled water systems from 7/1/08 to 12/31/09.
Chapter 178, Statutes of 2009

SB 290 (Leno-D) Tenancy: notices
Repeals the sunset date for a law requiring the owner of a residential rental property to give at least a 60-day notice prior to terminating the periodic tenancy of a tenant who has lived in the unit for one year or more.
Chapter 347, Statutes of 2009

SB 306 (Calderon-D) Real property transactions
Enacts technical and clarifying changes to SB 1137 (Perata-D), Chapter 69, Statutes of 2008, which required, among other things, that a lender or servicer contact a borrower at least 30 days prior to filing a Notice of Default (the first step in the non-judicial foreclosure process), and that tenants receive notice that their rental property is in foreclosure, establishes a minimum time period in which a payoff demand statement must be valid and creates a short-pay demand agreement, clarifies the coverage of the Escrow Agents' Fidelity Corporation, and requires that the notice of sale of real property must be posted 20 days prior to the date of the sale.
Chapter 43, Statutes of 2009

SB 405 (Cogdill-R) Contractors: fire sprinkler installation
Requires any commercial or residential fire sprinkler installation project performed by a Class C-16 fire protection contractor to be under the direct and immediate supervision of a commercial fire sprinkler supervisor or a residential fire sprinkler supervisor. Requires fire protection contractors to implement a fire sprinkler installation training program for their sprinkler fitters and supervisors with specified exemptions.
(In Senate Business, Professions and Economic Development Committee)

SB 406 (DeSaulnier-D) Land use: environmental quality
Authorizes an additional fee of $1 or $2 on vehicle registration through an existing fee mechanism to be used for planning purposes, and proposes new duties, membership, and funding for the Strategic Growth Council and the Planning Advisory and Assistance Council.
Vetoed

SB 407 (Padilla-D) Property transfers: plumbing fixtures replacement
Requires the replacement of all non-water conserving plumbing fixtures, as defined, in commercial and residential properties built prior to 1994 with water-conserving fixtures by either 2017 or 2019, depending on the type of property.
Chapter 587, Statutes of 2009

SB 496 (Maldonado-R) Real estate: sex offenders
Authorizes the Commissioner of the Department of Real Estate, to deny an application for a real estate license, or revoke, non-renew or refuse to reinstate the license for a person who is a registered sex offender, with specified exceptions.
(Failed passage in Senate Public Safety Committee; reconsideration granted)

SB 608 (Ducheny-D) Department of Housing and Community Development
Requires that cumulative information on programs funded under the Housing and Emergency Shelter Trust Fund Acts of 2002 and 2006 be included in the Department of Housing and Community Development's annual report.
(On Assembly Third Reading File)

SB 622* (Lowenthal-D) Low-income housing tax credits
Provides that partnership agreements may allocate state low income housing tax credits to partners regardless of whether the allocation has substantial economic effect for low-income housing tax credits allocated during the 2008 calendar year.
(In Senate Appropriations Committee)

SB 763* (Walters-R) Land use: subdivision maps
Extends the applicable expiration date by 12 months for any vesting tentative subdivision or parcel map that has been approved, that has not expired on the date the bill is effective, and that will expire before 1/1/12.
(In Senate Local Government Committee)

AB 123 (Portantino-D) Housing for elderly or disabled persons
Exempts from Department of Social Services licensing two additional types of housing: residences covered by the low-income housing tax credit and Section 8 subsidized housing.
Chapter 82, Statutes of 2009

AB 157* (Anderson-R) Property taxation: transfer of base year value: disasters
Increases, from five years to seven years, the time frame a property owner has to acquire or construct a property to replace one damaged or destroyed in certain Governor-declared disasters and remain eligible to receive a base-year value transfer. Applies to property damaged in disasters occurring after 9/30/07 and the Cedar Fires in San Diego County of 2003.
(In Senate Revenue and Taxation Committee)

AB 210 (Hayashi-D) Green building standards
Clarifies that cities and counties may amend state green building standards if they make a finding that the amendments are reasonably necessary because of local climatic, geological, or topographical conditions.
Chapter 89, Statutes of 2009

AB 212 (Saldana-D) Energy: building standards
Requires the California Energy Commission to adopt standards requiring that all new residential construction be "zero net energy" buildings by 2020, or by a date determined by the Commission on which photovoltaic technology is cost effective.
(In Assembly Appropriations Committee)

AB 294* (Anderson-R) Property safety: income and corporation taxes
Allows for taxable years beginning on or after 1/1/09, and before 1/1/13, a deduction under those laws for the qualified costs paid or incurred during the taxable year by a qualified taxpayer to create a defensible space, around a qualified property, by removing all brush, flammable vegetation, and combustible growth within 100 feet of certain structures on that property.
(In Assembly Revenue and Taxation Committee)

AB 313 (Fletcher-R) Common interest developments: assessments
Prohibits a homeowners association of a common interest development from basing assessments on the taxable value of the individual units unless the association currently bases assessments on taxable value or pays property taxes on behalf of its members.
Chapter 431, Statutes of 2009

AB 331 (Hall-D) Hiring of real property
Requires a landlord, at the time of executing a rental agreement for a single-family dwelling, or a multifamily dwelling of four units or less, to disclose to a prospective tenant if the property is subject to any outstanding liens or pending suits.
(In Senate Judiciary Committee)

AB 333* (Fuentes-D) Land use: subdivision maps
Extends the expiration dates by 24 months for tentative maps issued to developers, provided their approval date has not expired when this bill takes effect.
Chapter 18, Statutes of 2009

AB 433 (Ammiano-D) Building standards: ventilation systems
Requires the Department of Housing and Community Development to develop standards for ventilation systems for new multifamily residential buildings (10 or more units) located within 500 feet of a roadway for areas exceeding a specified particulate matter level.
(In Assembly Appropriations Committee)

AB 473 (Blumenfield-D) Multifamily dwellings: solid waste: recycling
Requires, on and after 7/1/10, an owner of a multifamily dwelling that consists of five or more living units, to arrange for recycling services that are appropriate for the multifamily dwelling.
Vetoed

AB 596 (Evans-D) Community planning grants
Establishes the Community Planning Grant and Loan Fund and authorizes the Strategic Growth Council to expend the revenues in the Fund, upon appropriation by the Legislature, for competitive grants established under this bill.
(In Assembly Appropriations Committee)

AB 764 (Nava-D) Real estate brokers
Prohibits any person who performs loan modification services to claim, charge, receive, or collect a fee paid for by the borrower for loan modification agreements until the terms of the loan have been modified. The violation of those restrictions will be a public offense and subject the violator to a fine, imprisonment, or both.
Vetoed

AB 767* (Ammiano-D) Housing and Emergency Shelter Trust Fund of 2006
Extends the set-aside of Proposition 1C funds for the Homeless Youth and Building Equity and Growth in Neighborhoods Programs by two years.
Chapter 123, Statutes of 2009

AB 828 (Lieu-D) Green building standards
Requires the California Building Standards Commission or any state agency proposing green building standards to seek the input of specified state agencies and other organizations, as prescribed.
Vetoed

AB 899 (Torres-D) Common interest developments: disclosures
Creates an index of disclosures required of common interest developments, allows for email distribution of these disclosures, and requires a common interest development to include in the existing reserve funding summary the assumed interest rate earned on reserves and the assumed rate of inflation for the repair and replacement of major components.
Chapter 484, Statutes of 2009

AB 927 (Charles Calderon-D) Common interest developments: construction defects
Extends the sunset date from 7/1/10 to 7/1/17 on provisions of existing law that sets forth prelitigation dispute resolution processes and procedures before a common interest development homeowners' association may commence a design or construction defect action against a builder, developer, or general contractor of a common interest development of 20 or more units.
Chapter 7, Statutes of 2009

AB 985 (De La Torre-D) Real property: discriminatory restrictions
Requires a county recorder, title insurance company or other entity transferring of a deed or other written instrument relating to title in real property to provide the recipient with a document that will allow the recipient to remove the unlawful restrictive covenants and to create a public record which does not contain the restrictive covenant.
Vetoed

AB 1011 (Jones-D) Insurance: green incentives
Requires the Insurance Commissioner to hold public hearings, collect certain information, and study the effects of environmentally friendly practices on insurance products, as specified.
(In Senate Rules Committee)

AB 1046 (Anderson-R) Enforcement of judgments: exemptions: homesteads
Increases homestead exemptions and requires the Judicial Council to determine, at three-year intervals, the amount by which the exemption should be increased and to report that amount to the Legislature.
Chapter 499, Statutes of 2009

AB 1061 (Lieu-D) Common interest developments: water-efficient landscapes
Provides that a provision in the governing documents of a common interest development is void if it prohibits low water-using plants, water-efficient landscape, or compliance with water conservation measures adopted by a water provider.
Chapter 503, Statutes of 2009

AB 1170 (Charles Calderon-D) Rental housing: registered sex offenders
Requires the Department of Justice, in consultation with the Department of Consumer Affairs and public and private organizations, to develop, publish and make available to the public a consumer information booklet regarding federal and state laws relating to sex offender registration as it relates to the lease or rental of real property.
(In Assembly Appropriations Committee)

AB 1171 (Ammiano-D) Rental property: public entity restriction
Specifies that the rent control system of a public entity may require that the one-year extension applies to all tenancies in the applicable accommodations if a tenant or lessee who is at least 62 years of age or disabled has lived in the accommodations for at least one year prior to the delivery of notice to a public entity and gives the required 60-day notice to the owner.
(In Assembly Housing and Community Development Committee)

AB 1246 (Jones-D) Workforce housing cooperative trust
Revises the definition of "limited-equity housing cooperative" to include "workforce housing cooperative trust," defines and establishes "workforce housing cooperative trust," and establishes a process for both to dissolve.
Chapter 520, Statutes of 2009

AB 1328 (Salas-D) Common interest developments: contracts
Allows a common interest development to enter into a multiyear contract for a water and energy efficiency program if the board of directors reasonably determines that there may be verifiable savings to the homeowner's association.
Vetoed

AB 1413 (Coto-D) Fire insurance: coverage
Provides that if an insured purchased a fire insurance policy that provides extended or guaranteed replacement cost coverage, then the full scope of that coverage is available whether the insured rebuilds at the original or a new location.
(In Senate Banking, Finance and Insurance Committee)

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Mortgage/Foreclosure Reform

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SB 36* (Calderon-D) Real estate, finance lender, and residential mortgage lender
Brings California Real Estate Law, Finance Lenders Law, and Residential Mortgage Lending Act into compliance with the federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008 (the SAFE Act) by requiring those engaging in mortgage loan origination activities to obtain a license from the Department of Corporations after meeting specified requirements, or if a real estate licensee, obtain a license endorsement from the Department of Real Estate after meeting specified requirements.
Chapter 160, Statutes of 2009
An identical bill is AB 34 (Nava-D) which failed passage on the Senate Floor; reconsideration granted.

SB 94* (Calderon-D) Mortgage loans
Prohibits persons from charging advance fees to borrowers in connection with a loan modification, and requires those who wish to charge a fee for loan modification services to provide a notice to borrowers regarding other options available to the borrower.
Chapter 630, Statutes of 2009

SB 97* (Calderon-D) Taxation: cancellation of indebtedness
Extends California's conformity to the federal cancellation of debt income exclusion at current limits for indebtedness discharged until 1/1/13, and provides that penalties and interest do no apply to discharges of qualified personal residence indebtedness in 2009, regardless of whether the taxpayer included the income.
(In Senate Revenue and Taxation Committee)

SB 127 (Calderon-D) Mortgages
Requires a mortgagee or trustee to make specified disclosures on an Internet Web site or in a 24-hour telephone recording at least once a week before the scheduled sale of a property. Requires a beneficiary to provide an opening bid to a trustee at least one week prior to the first scheduled sale date, and requires a trustee to provide a list of liens and encumbrances on a foreclosed property and to charge a reasonable fee for that information.
(In Assembly Banking and Finance Committee)

SB 204 (Benoit-R) Financial transactions: escrow agents
Clarifies that exchange facilitators may obtain fidelity bonds and errors and omissions insurance from an eligible surplus lines insurer that is on the list of such insurers maintained by the Commissioner of the Department of Insurance. Requires the amount of any bond, deposit, or letter of credit held by an exchange facilitator to be reduced to the extent any payment is made (and thus clarify that the $1 million coverage is aggregate coverage, not per occurrence coverage).
Chapter 568, Statutes of 2009

SB 239 (Pavley-D) Mortgage fraud
Defines mortgage fraud as a separate form of fraud, in which the fraudulent acts involve loans secured by real property, and places mortgage fraud in a stand-alone section, with the same alternate felony/misdemeanor penalties as the general crime of fraud.
Chapter 174, Statutes of 2009

SB 633 (Wright-D) Mortgages: impound accounts
Creates two new exceptions to the law that prohibits persons from requiring an impound or trust account as a condition of a real property sales contract, or a mortgage or deed of trust on single-family, owner-occupied real property.
Chapter 57, Statutes of 2009

SB 660 (Wolk-D) Reverse mortgages
Provides that any lender, broker, person or entity who recommends the purchase of a reverse mortgage in anticipation of financial gain owes the borrower a duty of honesty, good faith, and fair dealing.
(On Senate Unfinished Business File)

SB 7XX (Corbett-D) Residential mortgage loans: foreclosure
Enacts the California Foreclosure Prevention Act by providing a 90-day foreclosure delay on owner-occupied homes where the first loan was recorded between 1/1/03 and 1/1/08, unless the loan is serviced by a financial institution that has a comprehensive loan modification program, as specified.
Chapter 4, Statutes of 2009-10, Second Extraordinary Session

AB 33 (Nava-D) Financial services
Reorganizes, effective 7/1/11, the Department of Financial Institutions and the Department of Corporations as divisions, under a newly-created Department of Financial Services, consolidates the Office of Real Estate Appraisals into the Department of Real Estate, and creates an Office of Financial and Real Estate Consumer Advocacy within the Department of Financial Services.
(In Senate Rules Committee)

AB 34* (Nava-D) Real estate, finance lender, & residential mortgage lender l
Brings California's Real Estate Law, Finance Lenders Law, and Residential Mortgage Lending Act into compliance with the federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008 (SAFE Act) by requiring the licensure of mortgage loan originators beginning 8/1/10.
(Failed passage on Senate Floor; reconsideration granted)
An identical bill is SB 36 (Calderon-D), Chapter 160, Statutes of 2009.

AB 111* (Niello-R) Taxation: cancellation of indebtedness
Allows a solvent individual taxpayer to exclude from his/her gross income an amount of qualified principal residence indebtedness, up to $2 million, discharged by the lender on or after 1/1/09 and before 1/1/13, in full conformity with the federal income tax law.
(In Assembly Revenue and Taxation Committee)

AB 260 (Lieu-D) Lending
Enacts various provisions with respect to higher-priced mortgage loans, as defined, that are originated on or after 7/1/10. Specifically, provides that a licensed person shall not make any false, deceptive, or misleading statement or representation, requires a mortgage broker to receive the same compensation for providing mortgage brokerage services whether paid by a lender, borrower, or a third party, and prohibits a mortgage broker from steering a borrower to accept a loan at higher cost.
Chapter 629, Statutes of 2009

AB 329 (Feuer-D) Reverse mortgages
Amends California reverse mortgage laws to strengthen existing counseling and cross-selling provisions and requires lenders to provide the borrower with a checklist prior to counseling that highlights the risks and alternative to reverse mortgages.
Chapter 236, Statutes of 2009

AB 603 (Skinner-D) Mortgages and deeds of trust: foreclosure
Seeks to ensure that rent-paying tenants living in a foreclosed rental property will not be evicted by the acquiring owner without cause for a period of at least 90 days from the time ownership was acquired through the foreclosure sale.
(On Assembly Inactive File)

AB 630 (Salas-D) California Homebuyer's Downpayment Assistance Program
Authorizes the California Housing Finance Agency at its discretion, to permit the downpayment assistance loan to be subordinated to refinancing if it determines that certain criteria have been met. Authorizes the Agency to permit subordination on such terms and conditions as it determines are reasonable.
(In Assembly Rules Committee)

AB 764 (Nava-D) Real estate brokers.
Prohibits any person who performs loan modification services to claim, charge, receive, or collect a fee paid for by the borrower for loan modification agreements until the terms of the loan have been modified. The violation of those restrictions will be a public offense and subject the violator to a fine, imprisonment, or both.
Vetoed

AB 902* (Torres-D) Income tax credit: foreclosed homes
Allows, for taxable years beginning on or after 1/1/09, and before 1/1/12, a credit in an amount, not to exceed $3,000, that is otherwise equal to 2%, of the amount paid or incurred for the purchase as a primary residence of a foreclosed dwelling by a taxpayer whose gross income does not exceed a certain threshold.
(In Assembly Revenue and Taxation Committee)

AB 919 (Nava-D) Mortgages: information and recordation
Requires a rider to be attached to a mortgage or deed of trust that provides information on the participants of a mortgage transaction. Provides that a mortgage or deed of trust that is secured by residential real property that does not have the attached rider shall be void.
(In Senate Banking, Finance and Insurance Committee)

AB 1029 (Blumenfield-D) Mortgages: foreclosure: tax deferral program participants
Prohibits a mortgagee, trustee, or other person authorized to take sale from filing a notice of default based on the failure to pay property taxes prior to 90 days after contacting the trustor or mortgagor, either in person or by telephone, to ascertain if the trustor or mortgagor was a participant in the property tax deferral program established pursuant to the Senior Citizens and Disabled Citizens Property Tax Postponement Law.
(In Assembly Revenue and Taxation Committee)

AB 1432 (Mendoza-D) Qualified mortgage lender loans: terms and conditions
Provides that if the California Housing Finance Agency receives funds from the federal Troubled Asset Relief Program established pursuant to the Emergency Economic Stabilization Act of 2008, the Agency will be limited to using the funds to make or refinance acquisition, construction, or development loans for housing developments or residential structures for persons meeting an income test
(In Assembly Housing and Community Development Committee)

AB 1534 (V. Manuel Perez-D) Contractors: mortgage loans
Prohibits a general building contractor from originating, directly or through a related entity, a consumer loan for a home purchase.
(In Assembly Business and Professions Committee)

AB 1588* (Bass-D) Monitored Mortgage Workout Program
Establishes the Monitored Mortgage Workout Program that would be offered to all borrowers to provide them with an opportunity to explore options to avoid foreclosure. Requires that any notice of default of a residential real property sent to a borrower include a notice of the borrower's right to participate in the Program, as well as the documents that authorize the borrower to elect to participate in the Program.
(In Assembly Banking and Finance Committee)

AB 2XX (Lieu-D) Lending
Authorizes the Real Estate Commissioner to suspend or revoke, or to deny issuance of a real estate license, upon a violation of specified federal lending laws or regulations.
(Unassigned to a committee)

AB 7XX (Lieu-D) Residential mortgage loans: foreclosure
Enacts the California Foreclosure Prevention Act by providing a 90-day foreclosure delay on owner-occupied homes where the first loan was recorded between 1/1/03 and 1/1/08, unless the loan is serviced by a financial institution that has a comprehensive loan modification program, as specified.
Chapter 5, Statutes of 2009-10, Second Extraordinary Session

AJR 20 (Caballero-D) The Federal Housing Opportunity and Mortgage Equity Act
Urges the Congress of the United States to enact H.R. 230 to provide all homeowners, including those in California, the opportunity to refinance their current home loans with a lower interest rate and to assist qualified home buyers with mortgage financing.
(In Assembly Banking and Finance Committee)

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