NOTE: * denotes urgency legislation
Finance and Development
Mobilehomes
Miscellaneous
Finance and Development SB 38* (Lockyer-D) - Taxation Comprises the Conference Report of the Tax Cut Conference Committee, enacting 24 changes in law affecting tax cuts and 11 changes in law which will result in increasing state revenues. One of those changes provides a 50% tax credit, capped at $500,000 annually, against net taxes for the cost of development or rehabilitation of qualified farmworker housing; and makes the credit available to individuals or corporations. Also provides a 50% tax credit, capped at $500,000 annually, to institutional lenders for providing below-market-rate loans for development or rehabilitation of farmworker housing. Caps the aggregate amount of available credit for both of these programs at $500,000 annually. Chapter 954, Statutes of 1996 SB 78 (Mello-D) - Redevelopment Agency of Fort Ord Exempts the Redevelopment Agency of Fort Ord from the requirement to replace demolished housing units if they were built before January 1, 1970. (Died in Assembly Housing and Community Development Committee) SB 80* (Mello-D) - Fort Ord Reuse Authority Allows the Fort Ord Reuse Authority to use a master environmental impact report for the Fort Ord Reuse Plan, and provides for specified projects to proceed during the environmental impact report process. (Died in Assembly Local Government Committee) SB 1566 (Monteith-R) - Redevelopment and Agricultural Land Provides that agricultural and open space lands that are enforceably restricted, as defined, shall not be included within a redevelopment project area. Provides that the redevelopment agency may include non-enforceably restricted agricultural land, larger than 2 acres, in a project area if it makes specified findings to include such property. Also adds reporting requirements for redevelopment agencies to provide information, as specified. Chapter 617, Statutes of 1996 SB 1626 (Kopp-I) - Redevelopment Agencies' Reporting Makes various changes to existing community redevelopment law in order to increase the oversight of redevelopment agencies regarding reporting requirements. Vetoed by the Governor SB 1640 (Marks-D) - Land Use: Closed Military Bases Amends the graduated compliance procedure (state building standards) for buildings on closed military bases. Chapter 627, Statutes of 1996 SB 1693 (Monteith-R) - Developer Fees Amends the accounting procedures for unspent developer fees. Chapter 569, Statutes of 1996 SB 1861* (Johnson-R) - Redevelopment: Tustin Marine Corps Air Station Creates special provisions for the redevelopment of Tustin Marine Corps Air Station. Chapter 165, Statutes of 1996 SB 1947 (Costa-D) - Neighborhood Development Corporations Appropriates $950,000 from the General Fund to the Department of Community Services and Development, for the development, regulation, and monitoring of up to 50 Neighborhood Development Corporations, as specified. Also requires the department to establish a reporting and evaluation system that examines the program's effectiveness. Sunsets on January 1, 2009. (Died in Senate Appropriations Committee) AB 1761 (Bustamante-D) - Farmworker Housing Incentive Tax: Tax Credits Provides tax credits to encourage the construction of farmworker housing, equal to 50% of (1) the cost of constructing or renovating such housing, and (2) the difference in interest income from a loan made at the prime rate plus 1% and the actual interest rate charged by the lender. Each of these credits would be limited to $2.5 million statewide annually. Sunsets after 2000. (Died in Senate Appropriations Committee) AB 1820 (McPherson-R) - Redevelopment: Replacement Dwelling Units Exempts specified housing in Fort Ord from the replacement housing requirements. Chapter 850, Statutes of 1996 AB 1928* (Sweeney-D) - Multifamily Rental and Affordable Housing: Financing Re-enacts local authority to issue mortgage revenue bonds to finance specified multiple family housing. Clarifies the authority of the California Housing Finance Agency to finance, in addition to the construction or development of new housing, the rehabilitation, acquisition, and refinancing of existing multifamily rental housing. Chapter 27, Statutes of 1996 AB 2063 (Isenberg-D) - Redevelopment Project Funding Prohibits redevelopment agencies from providing direct or indirect assistance to gambling or gaming enterprises. Chapter 136, Statutes of 1996 AB 2736* (Weggeland-R) - Redevelopment of Military Bases Makes numerous revisions to existing Military Base Redevelopment Law. Chapter 221, Statutes of 1996 AB 2850 (Cortese-RFM) - Redevelopment: Sale or Lease of Property: Exemption Exempts small housing projects when sold or leased by a redevelopment agency, from specified reporting and approval requirements. Chapter 64, Statutes of 1996 AB 2982* (Cortese-RFM) - Low-Income Home Energy Assistance Program Block Grant Conforms current state law to changes in federal law made in the Low-Income Home Energy Assistance Program Block Grant Reauthorization Act of 1994. Provides greater flexibility to the state in distributing funds among program components, and also eliminates obsolete code sections. (Failed passage in Assembly Appropriations Committee) AB 3025 (Hawkins-R) - Redevelopment Agencies' Housing Programs Extends, from January 1, 1997 to January 1, 2001, the sunset date for provisions relating to redevelopment agencies and replacement housing dwelling units. Also extends the operative date for alternative provisions related to replacement dwelling units. Chapter 329, Statutes of 1996 AB 3129 (Lee-D) - Redevelopment of the Alameda Naval Air Station Authorizes the adoption of a redevelopment plan for the Alameda Naval Air Station and the Fleet Industrial Supply Center in the City of Alameda. Chapter 222, Statutes of 1996 AB 3255* (Caldera-D) - Redevelopment Project Areas Establishes the base year for redevelopment areas affected by the 1994 Northridge earthquake to reflect property values after the disaster. (Currently, the base year uses values in effect just prior to the establishment of the redevelopment area.) Chapter 784, Statutes of 1996 AB 3403 (W. Murray-D) - Redevelopment Agencies' Notices Requires redevelopment agencies to use nontechnical language in a clear and coherent manner with words that have common everyday meaning when they provide notice of a hearing on a redevelopment plan adoption or send property owners a notice that their property is subject to acquisition by the agency. Chapter 249, Statutes of 1996 Mobilehomes SB 1181 (Haynes-R) - Mobilehome Residency Law Provides that a mobilehome shall be considered to be the principal residence of the owner, unless specified conditions are met. Chapter 392, Statutes of 1996 SB 1450 (Kelley-R) - Mobilehomes Modifies escrow and transportation decal provisions related to manufactured homes. Chapter 394, Statutes of 1996 SB 1585* (Craven-R) - Mobilehomes: Age Requirements Makes it easier to establish seniors-only mobilehome parks by updating the cross-reference to federal fair housing laws in the state Mobilehome Residency Law. Chapter 61, Statutes of 1996 SB 1586 (Craven-R) - Mobilehome Parks: Rules and Regulations Provides that any rule or regulation of a mobilehome park that prohibits the installation or use of a video or television antenna, including a satellite dish, is void and unenforceable, as it relates to the installation or use of a video or television antenna that has a diameter or diagonal measurement of 36 inches or less. Permits a mobilehome park to impose reasonable restrictions on the installation or use of a video or television antenna. (Died in Senate Judiciary Committee) SB 1594 (Craven-R) - Mobilehome Parks: Ombudsman Sign Requires the Department of Housing and Community Development to provide each mobilehome park with a sign in boldface print indicating the name, address, and telephone number of the Mobilehome Ombudsman. Further describes the manner in which signs are to be posted, and sets forth penalties for non-compliance. Chapter 402, Statutes of 1996 SB 1624 (Craven-R) - Mobilehome Parks: Seniors Provides that senior mobilehome owners have the right to share their mobilehome with an adult parent, sibling, child or grandchild for whom they are providing necessary health care or supervision. Chapter 157, Statutes of 1996 SB 1704 (Craven-R) - Manufactured Homes: Seller's Disclosure Requires a seller of a manufactured home (mobilehome) to provide a buyer with a real estate transfer disclosure statement before closing escrow. Chapter 677, Statutes of 1996 SB 1756 (Calderon-D) - Mobilehomes: Local Regulation: Mediation Provides that, in any city, including a charter city, county, or city and county, that has in effect an ordiance, rule, regulation, or initiative measure that establishes a maximum amount that management may charge a tenant for rent, before a final decision is made with respect to any rent adjustment, the affected parties, as defined, shall first submit to a nonbinding mediation proceeding, to be conducted by a mutually agreed upon neutral 3rd party. (Died in Senate Judiciary Committee) SCA 37 (O'Connell-D) - Mobilehome Park Rent Stabilization Expresses specified findings of the people of California relating to affordable housing in the state and expresses the intent of the people of California that the authority of the cities, counties, and cities and counties to enact mobilehome park rent stabilization ordinances be guaranteed by the California Constitution. Amends the California Constitution to provide that a city, county, and city and county, including a charter city, county, or city and county, may enact, amend, or repeal a mobilehome rent stabilization ordinance, as defined, that provides a just and reasonable return on the investment of the park owner. (Died in Senate Constitutional Amendments Committee) AB 622 (Conroy-R) - Electric and Gas Service: Master-Meter Customers Provides a procedure for the transfer of master-meter electricity and gas systems from existing mobilehome park owners to the state's utility system. Chapter 424, Statutes of 1996 AB 765 (Kaloogian-R) - Mobilehome Residency Law Requires mobilehome park owners providing utility services to homeowners through a master-meter system be required to deposit into a trust fund, and to annually account for, the rate differentials they are authorized by law to receive. Prohibits mobilehome park owners from charging homeowners fees for providing or maintaining physical improvements in the common facilities in good working order and condition. (Died in Senate Judiciary Committee) AB 1625 (McDonald-D) - Mobilehomes: Manufactured Homes Changes the name of the Mobilehome Residency Law to the Manufactured Home-Mobilehome Residency Law, and makes numerous corresponding changes in terminology within the law. (Died in Senate Judiciary Committee) AB 1745 (Campbell-D) - Mobilehomes: Dealers and Salespersons: Continuing Education and Licenses Eliminates the continuing education requirements for all manufactured housing dealers and salespersons. Requires the Department of Housing and Community Development to provide dealers with all statutory and regulatory updates. Requires dealers to certify that they received, read, and understand all statutory and regulatory updates. (Died in Senate Housing and Land Use Committee) AB 2221 (K. Murray-D) - Manufactured Housing: Consumer Protection Makes consistent the duties of licensed manufactured home dealers and licensed real estate brokers to conduct a reasonably competent and diligent visual inspection and disclose facts affecting the value of personal property manufactured homes which they help sell. Chapter 812, Statutes of 1996 AB 2781 (Cunneen-R) - Mobilehomes Makes technical amendments to the provisions in the Mobilehome Residence Law specifying lienholder rights and responsibilities after termination of a mobilehome owner's park residence. Chapter 95, Statutes of 1996 AB 2994 (Kuykendall-R) - Mobilehome Parks Limits the application of local rent control ordinances in mobilehome parks. (Died on Assembly Inactive File) Miscellaneous SB 335 (Solis-D) - Untenantable Dwellings Requires landlords to install deadbolt locks on doors and locks on accessible windows and sliding glass doors, on and after July 1, 1996, as specified. (Died in Assembly Housing and Community Development Committee) SB 560 (Haynes-R) - Final and Parcel Maps: Amendments and Corrections Adds to the purposes for which a map may be amended, the correction or modification of any change in the information filed as part of a final or parcel map, as specified. Chapter 894, Statutes of 1996 SB 577* (Rosenthal-D) - Seismic Gas Shutoff Devices Revises seismic safety provisions relating to gas shutoff valves and the strapping of water heaters. Chapter 152, Statutes of 1996 SB 771 (Lockyer-D) - Eminent Domain Creates an exception to existing eminent domain rules with respect to property that may be acquired by a for-profit enterprise, providing that the right to compensation shall be deemed to have accrued at the date that the intent to exercise eminent domain is communicated to the property owner or the owner of an identifiable property interest therein by a person who will seek to exercise the right of eminent domain with respect to that property, as specified. (Died in Senate Judiciary Committee) SB 798 (Mountjoy-R) - Heaters: Gas Logs Allows the sale of unvented decorative logs and fireplaces, as specified. Chapter 73, Statutes of 1996 SB 894 ((Leslie-R) - Real Property: Acquisition and Public Records Limits the existing exemption from disclosure until the contents of the real estate appraisals or engineering or feasibility estimates or evaluations are disclosed to the contracting parties. Requires a public entity to establish an amount it believes to be just compensation prior to initiating negotiations but not prior to adopting a resolution of necessity, but requires the adoption of a resolution of necessity prior to making an offer. Requires that the acquisition of real property by entity or in the public benefit be at fair market value, never exceeding the value of the transfer of comparable property interests between private parties in an arm's length transaction within the last 6 months. (Died in Senate Judiciary Committee) SB 947 (Beverly-R) - Real Property: Assignments Repeals the law governing the assignment of rent and profits in favor of a comprehensive statutory scheme developed by the State Bar's Real Property Law Section to govern the assignment of rents and profits and to provide additional means of enforcement. Chapter 49, Statutes of 1996 SB 1073* (Costa-D) - Housing Elements Extends the deadlines for local jurisdictions to revise the housing element requirements of their general plans. Chapter 39, Statutes of 1996 SB 1100 (Petris-D) - Housing: Termination of Government Assistance Reenacts, in substantially similar form, the provisions in law that were repealed on January 1, 1995 relating to the requirement of persons receiving federal financial assistance to provide special notice to tenants or local governmental agencies prior to termination or prepayment of the governmental assistance. Authorizes, rather than requires, the Department of Housing and Community Development to provide specified detailed information relating to the conversion of subsidized housing projects. (Failed passage in Assembly Housing and Community Development Committee SB 1106 (Leslie-R) - Mortgages: Prepayment Penalties Authorizes lenders to assess a prepayment penalty when a borrower prepays in a 12-month period more than 20% of the original principal of an installment loan which is a "sub-loan" of a open-end credit plan secured by a deed of trust, such as a home equity line of credit. Chapter 32, Statutes of 1996 SB 1202 (Hughes-D) - Real Property: Temporary Restraining Orders and Injunctions Provides that a temporary restraining order or an injunction, or both, may be granted upon the application of a district attorney in superior court to prevent the foreclosure upon or other transfer of an interest in real property or to stay the issuance of any loan to be secured by real property, provided the application establishes probable cause that fraud or forgery is involved in the transaction. Provides that any such application may be recorded as notice of pendency of action with respect to that real property, as specified. (Died in Senate Judiciary Committee) SB 1203 (Hughes-D) - Mortgages: Fraud Provides that it is the intent of the Legislature to enact legislation that would require a stay of any action for the recovery of any debt or the enforcement of any right secured by a mortgage or deed of trust upon single-family, owner-occupied residential real property for the duration of any dispute in which the homeowner alleges that a 3rd party committed fraud, as defined. (Died in Senate Judiciary Committee) SB 1316* (Russell-R) - Real Estate Appraisers Makes various changes relating to the Real Estate Appraisers' Licensing and Certification Law, including repeal of the Real Estate Appraisers' Advisory Committee, and postpones enactment of the recovery account. Chapter 439, Statutes of 1996 SB 1525 (Wright-R) - Common Interest Developments: Insurance Clarifies the common interest development insurance disclosure requirements. Chapter 396, Statutes of 1996 SB 1632 (Costa-D) - Rent Control Regulates a local agency's ability to request past and present tenant information from the property owner in a rent control jurisdiction. Chapter 566, Statutes of 1996 SB 1681 (Hughes-D) - Real Estate Requires a real estate mortgage licensee to report to the Department of Real Estate (1) a felony conviction or specified crime, (2) the cancellation, revocation or suspension of a certificate or refusal to renew by any other state or foreign country, and (3) the cancellation, revocation or suspension of the right to practice before any governmental body or agency. (Died in Assembly Consumer Protection, Governmental Efficiency, and Economic Development Committee) SB 1708 (Alquist-D) - Subdivisions: Solar Energy Systems Requires tentative subdivisions to be designed, to the extent feasible, for future active heating or cooling opportunities. (Died in Assembly Housing and Community Development Committee) SB 1711 (Calderon-D) - Common Interest Developments: Liability Clarifies the existing protections from lawsuits afforded to volunteer officers and directors of homeowner associations by expressly stating that the protection extends to decisions concerning whether to investigate defects and whether to file a construction defect lawsuit. Chapter 185, Statutes of 1996 SB 1748 (Senate Housing and Land Use Committee) - Omnibus Act of 1996 Enacts the Housing and Land Use Omnibus Act of 1996 to effect 20 relatively minor, non-controversial changes to the statutes that affect housing, land use and redevelopment issues. Chapter 799, Statutes of 1996 SB 1874 (Alquist-D) - General Plans: Safety Elements Reformats the safety element law, assigning the language to a new article. Requires the Division of Mines and Geology to review draft safety elements and draft amendments of county general plans to determine if they incorporate seismic hazards, and adds the location of hazardous materials to the required contents of safety elements. Also requires cities and counties to review their safety elements every 5 years and, if needed, revise the elements to incorporate new information. (Failed passage in Senate Appropriations Committee) SB 1882 (Rosenthal-D) - Mortgages Imposes requirements for high-rate, high-fee mortgages, including a waiting period and specified disclosures. (Failed passage in Senate Judiciary Committee) SB 1989 (Thompson-D) - P.O.L.I.C.E. Home Program Creates a Peace Officers Living in Inner City Environments Home Pilot Program, "P.O.L.I.C.E. Home Program" for the purpose of providing state and local down-payment assistance to encourage law enforcement officers to buy homes and live in a high crime area within the City of Vallejo. Vetoed by the Governor SB 2077 (O'Connell-D) - Civil Rights: Housing: Pets Prohibits mobilehome park owners and homeowner associations from preventing a resident from keeping pets, if the resident is (1) 62 years old or older, (2) disabled, or (3) keeps the pet as part of medical or psychological treatment prescribed by a physician or psychiatrist. (Died in Assembly Housing and Community Development Committee) SB 2097 (Haynes-R) - Civil Rights: Senior Housing Enacts special provisions, with respect to the County of Riverside, defining a senior citizen housing development to mean a residential development developed with more than 20 units as a senior community by its developer, zoned as a senior community by local governmental entities, or characterized or qualified as a senior community as specified. Expands the definition of who is a qualified permanent resident for purposes of these provisions. Chapter 1147, Statutes of 1996 SB 2118 (Monteith-R) - Building Standards: Fire Safety Requires adopted building standards to include all floor-level exit sign technologies identified and permitted by the model building code that the California Building Standards Code is based upon. Vetoed by the Governor SB 2133 (Johannessen-R) - Building Regulations: Conversion Prohibits the use of a building that was originally meant for transient occupancy as a residence, unless the owner complies with certain land use requirements and conditions. (Died in Senate Housing and Land Use Committee) AB 372 (Cortese-RFM) - Mortgages Removes the sunset date which specifies that a $65 fee for preparing, executing and recording the discharge of a mortgage or the full reconveyance of a deed of trust is conclusively presumed to be reasonable. Chapter 230, Statutes of 1996 AB 616 (Morrow-R) - Fire Behavior and Fire Spread Study Matching Fund Creates the Fire Behavior and Fire Spread Study Matching Fund for the purpose of conducting studies and tests to redefine the elements of fire behavior and fire spread in residential and commercial occupancies. Chapter 975, Statutes of 1996 AB 771* (Aguiar-R) - Subdivisions: Tentative Maps: Time Extensions Revises the provisions of the Subdivision Map Act relating to the duration and expiration of tentative maps. Chapter 46, Statutes of 1996 AB 1073 (Morrow-R) - Liability: Real Property Provides that an owner of any estate or any other interest in real property is not liable to any person for any injury or death that occurs upon that property during the course of or after the commission of any criminal wrongdoing by a 3rd person, as specified. (Died in Senate Judiciary Committee) AB 1197 (Takasugi-R) - State Finance Makes numerous statutory changes, including: 1. Abolishing the Housing Bond Credit Committee and assigning its responsibilities to the California Housing Finance Agency. 2. Renaming the California Debt Advisory Commission as the California Debt and Investment Advisory Commission, and codifying its continuing education program for local officials responsible for municipal investments. 3. Eliminating the Local Agency Indebtedness Fund and related provisions regarding loans to local agencies. 4. Prohibiting, consistent with current practice, the transfer or loan of funds from the Local Agency Investment Fund for specified purposes, including General Fund borrowing. 5. Requiring the State Treasurer to certify, prior to bond redemption, that the issuance of refunding bonds has reduced principal payments on outstanding bonds by at least the amount required for redemption. 6. Requiring a public agency for which public projects are being funded under the Marks-Roos Pooling Act to become a member of the finance authority prior to issuing bonds for the projects. Chapter 833, Statutes of 1996 AB 1309 (K. Murray-D) - Fraud: Real Estate Equity Purchasers: Victim Recovery Fund Provides that any person determined by clear and convincing evidence to be in willful violation of the provisions regulating home equity sales contracts shall be liable for damages proximately caused by the violation, and requires revocation or suspension of a real estate license held by that person, as specified. Authorizes the establishment in each county of a Real Estate Victim Recovery Fund, to be funded by a payment of fees in connection with recording real estate documents. (The fund would be used to compensate victims of real estate fraud who have received a judicial judgment or arbitration award based upon a defendant's fraud.) Requires a county to establish claims and administrative procedures governing the fund, and limits the amount of recovery for each claim to a maximum of $75,000. (Died on Senate Floor) AB 1317 (Speier-D) - Common Interest Developments Establishes a voluntary alternative dispute resolution process before a civil action is filed to collect a delinquent assessment, and requires additional notice and disclosure requirements before an association can foreclose on an individual property. Chapter 1101, Statutes of 1996 AB 1509 (Hawkins-R) - Housing: Discrimination Requires the Fair Employment and Housing Commission to adopt regulations interpreting the statutory prohibition against discriminatory advertisements for housing. (Died at Senate Desk) AB 1930 (Sweeney-D) - Permit Streamlining and CEQA Deadlines Amends the California Environmental Quality Act (CEQA) by reducing the time limits, as specified, for lead agencies to approve or disapprove projects once the environmental impact reports have been certified or negative declarations have been adopted. Also makes other changes to existing law to streamline the CEQA process. Chapter 808, Statutes of 1996 AB 2166 (Miller-R) - Common Interest Developments Clarifies the responsibilities of sellers and realtors to disclose to prospective purchasers of units in common interest developments information concerning pending and settled litigation against the development. (Died in Senate Judiciary Committee) AB 2198 (Cannella-D) - Real Estate Brokers Specifies that a person who, as a principal, purchases 5 or more parcels containing single-family dwelling units within any 24- month period from sellers solicited on the basis of distress in making mortgage payments is a real estate broker for purposes of the Business and Professions Code. (Died in Senate Business and Professions Committee) AB 2263 (K. Murray-D) - Landlord-Tenant Law Allows landlords to charge tenants an "application screening fee," as defined, of not more than $30, which would not be considered a security deposit or an advance fee. Chapter 525, Statutes of 1996 AB 2383 (Weggeland-R) - Real Property: Transfer Disclosure Makes clarifying changes to existing law relative to the transfer of properties. Chapter 240, Statutes of 1996 AB 2384 (Kuykendall-R) - Real Estate Excludes from the definition of the term "advance fee," as it relates to Real Estate Law, the term "security" as used to denote any payment, fee, deposit or charge used as a security for a rental agreement for residential property or "screening fee", as used to denote any non-refundable payment of money charged by a landlord to validate, review or otherwise process an application for the rent or lease of residential rental property. Specifies that this bill becomes operative only if AB 2263 (K. Murray-D) is enacted and becomes operative. Chapter 469, Statutes of 1996 AB 2442 (Alby-R) - Expert Witnesses Provides that an officer or employee of the Department of Real Estate may not testify as an expert in a civil action to determine whether a real estate licensee has fulfilled his or her professional obligations with due care, except as specified. Vetoed by the Governor AB 2530 (Miller-R) - Real Estate: Time-Share Projects Modifies regulation of time-share projects and qualified resort vacation clubs. Chapter 541, Statutes of 1996 AB 2536 (Miller-R) - Real Estate Fees Provides for specified increases in the license fees that support the Department of Real Estate (DRE), deletes the current sunset provision regarding DRE's fees, and retains the provisions regarding rollback of fees in the event of an excessive reserve or transfer to the General Fund. Chapter 342, Statutes of 1996 AB 2552 (Battin-R) - Building Codes Requires (for construction defect lawsuits filed after January 1, 1997) construction defect repairs to follow the same rule as other residential repairs, that a builder can use the materials and construction methods that were in effect when the residence was built, unless the local building official finds a serious life safety problem. Provides that local officials must permit the use of original materials and construction methods for residential repairs and alterations if (1) the residence complies with the building standards in effect when it was built; (2) the residence does not become (or continue to be) a substandard building; or (3) the use of the original materials and methods, in the building official's opinion, does not create a "serious life safety concern." (Failed passage in Senate Housing and Land Use Committee) AB 2561 (Setencich-R) - Real Property: Transfer Provides that if a seller of residential property discovers information required to be disclosed pursuant to these provisions of existing law that, in good faith, was not disclosed, the information shall be promptly disclosed. Provides that, upon receipt of this disclosure, the transferee may rescind the contract and recover specified out-of-pocket damages. (Died in Senate Judiciary Committee) AB 2585 (Kuykendall-R) - Guarantors Waives and recasts existing law relative to guarantors of loans secured by real property. Chapter 1013, Statutes of 1996 AB 2611 (Olberg-R) - Housing: Discrimination Eliminates "marital status" as a protected category for purposes of the fair housing provisions of the California Fair Employment and Housing Act. Permits persons, owners and financial institutions to deny housing accommodations and/or subject persons to unequal terms, conditions and privileges on the basis of a person's marital status. (Failed passage on Assembly Floor) AB 2646 (Granlund-R) - Senior Housing: Civil Rights Relaxes the present restrictions on establishing senior citizen housing developments. (Failed passage in Senate Judiciary Committee) AB 2648 (Thompson-R) - Local Planning Provides that Riverside County is not prohibited from enacting and enforcing zoning to provide housing for older persons, as specified. Chapter 295, Statutes of 1996 AB 2739 (Figueroa-D) - Low-Income Housing Tax Credit Changes the status of the 2 local government members on the California Tax Credit Allocation Committee (CTCAC) from non- voting to voting. Requires CTCAC to establish filing deadlines for application cycles, and revises the current appeal process for CTCAC. (Failed passage in Assembly Housing and Community Development Committee on concurrence vote) AB 2904 (Hawkins-R) - Real Property: Broker and Salesperson Licenses Sets license fees for specified unrestricted brokers and unrestricted salespersons within the real estate industry. Chapter 657, Statutes of 1996 AB 2908 (Goldsmith-R) - Housing: Occupancy Standards Allows landlords or other housing providers to establish occupancy standards. Allows property owners to limit the number of persons who occupy a dwelling, unless the limit is shown to be intentional discrimination. (Failed passage in Senate Housing and Land Use Committee) AB 2935 (Figueroa-D) - Real Estate Licensees: Duty of Care Clarifies that the law governing the duties of care owed by realtors with regard to inspection and disclosure to purchasers of any defects in the property is the law specified in the existing Civil Code sections concerning such duties, rather than general common law. Chapter 476, Statutes of 1996 AB 2952 (Bordonaro-R) - Housing: Home Investment Partnership Act Funds States legislative intent to preclude the Department of Housing and Community Development from using Home Investment Partnership Act funds for the Building Equity and Growth in Neighborhoods program, including allocating funds for participating jurisdictions and community housing development organizations' projects within participating jurisdictions. (Died in Assembly Housing and Community Development Committee) AB 2959 (Baugh-R) - Liability: Residential Construction Defects Provides that a builder, developer, contractor, subcontractor, seller of residential improvements, or supplier, as specified, shall not be held liable for any loss or damage occasioned by any deficiency in the design, specifications, surveying, planning, supervision, or observation of construction of residential improvements, unless the loss or damage is occasioned by a construction defect, as defined. (Died in Senate Judiciary Committee) AB 2966 (Brulte-R) - Landlord-Tenant Law Extends the pre-trial rent deposit pilot program, enacted by SB 690 of 1994, specifically to the downtown branch of the Los Angeles County Municipal Court District. Enacts a procedure to allow a tenant to stipulate to holding the trial when he appears for his pre-trial rent deposit hearing, so long as the tenant is given prior notice of that eventuality and is represented by counsel. Modifies the parameters for gauging the success of the pilot program so that a failure to meet one of the numerical measurements for success of the program does not automatically mean that the project is a failure. Chapter 698, Statutes of 1996 AB 3015 (Hawkins-R) - Common Interest Developments: Reserve Funds Requires common interest developments to inspect major components of the developments when reviewing their reserve accounts. Chapter 80, Statutes of 1996 AB 3026 (Bates-D) - Housing: Security Window Bars Authorizes cities and counties that adopt implementing ordinances to establish a date by which residential properties with security bars on bedroom windows must meet specified requirements for safety release mechanisms. Chapter 926, Statutes of 1996 AB 3056 (Brulte-R) - Common Interest Developments: Motorcycles Precludes the governing documents of a common interest development from prohibiting the use of motorcycles to travel to residences within the development. Vetoed by the Governor AB 3081 (Olberg-R) - Real Property: Fees for Development Amends the procedure for imposing fees on development and clarifies the procedures for filing a challenge to the imposition of a development fee. Chapter 549, Statutes of 1996 AB 3122 (Ducheny-D) - Farmworker Housing Grant Fund Appropriates $1 million from the General Fund to the Department of Housing and Community Development's Farmworker Housing Grant Program for the 1996-97 fiscal year to fund the construction or rehabilitation of farmworker housing. (Assembly refuses to concur in Senate amendments) AB 3125 (Hawkins-R) - Housing Elements: Identification of Adequate Sites Allows cities and counties to identify as adequate housing sites, units that are located on military bases undergoing closure or conversion and that will be available for occupancy within a specified time period. Chapter 347, Statutes of 1996 AB 3131 (Lee-D) - Security Bars: Fire Safety: Regulations Prohibits the sale of burglar bars for residential use unless specified information concerning emergency fire safety releases is provided to consumers. Chapter 290, Statutes of 1996 AB 3166 (Martinez-D) - Private Residences: Operation of Business: Inspection Warrants Provides that cause to issue an inspection warrant for a home business office in a private residence shall be deemed to exist only in either or both of the following circumstances: (1) reasonable legislative or administrative standards for conducting a routine or area inspection are satisfied with respect to the particular private residence and those standards are unrelated to the fact there is a home business office in the private residence; (2) there is reason to believe that a condition of nonconformity exists with respect to the particular home business office. (Died in Assembly Local Government Committee) AB 3174 (Brulte-R) - Development: Fees: School Facilities Statutorily reverses court decisions concerning developer fees and tightens the restrictions on fees that can be charged on new property development used in connection with school construction. (Failed passage in Senate Housing and Land Use Committee) AB 3175 (Brulte-R) - School Facilities: Developer Fees Requires the governing board of a school district to develop a school facilities plan setting forth the estimated facilities needs of the school district for the next 10 years and the amount of local school bonds needed to satisfy those needs, and to submit to the electors of the school district the question of whether bonds of the district shall be issued and sold for the purpose of raising money for the construction of school facilities in the amount identified as necessary to satisfy the estimated facility needs of the district for the following 10 years, as specified. (Failed passage in Senate Housing and Land Use Committee) AB 3244 (Hawkins-R) - Real Property: Rent Control Clarifies the provisions of the Costa-Hawkins Housing Act with respect to the right of a landlord to raise the rent on specified tenants, sublessees and assignees. Chapter 1031, Statutes of 1996 AB 3296 (Brewer-R) - Local Agency Procedures: Planning and Zoning Hearings Requires charter cities' zoning procedures to include the same procedures that counties and general law cities must follow. Permits specified counties to accept digitized images for recording. Chapter 842, Statutes of 1996 AB 3305 (Setencich-R) - Swimming Pool and Housing Safety: Disclosures Requires, as of January 1, 1998, that all newly constructed swimming pools at a private, single family home, be equipped with specified safety equipment or warning devices. Also requires real estate disclosure statements to include whether or not these safety measures and other prescribed security safeguards are on the property. Chapter 925, Statutes of 1996 AB 3342 (Knowles-R) - Real Estate: Real Property Securities Dealers: Time-Share Projects Eliminates the Department of Real Estate's regulating responsibilities for real property securities dealers, and provides that the Department of Corporations shall assume the regulatory duties. Chapter 592, Statutes of 1996 AB 3363 (Brewer-R) - Landlord-Tenant: Application Fee Authorizes a landlord to charge a person who submits a written application for the rental of residential property a non-refundable screening fee that may not exceed the actual costs to the landlord to acquire certain information regarding the applicant, as specified. (Died in Assembly Judiciary Committee) AB 3372 (Ducheny-D) - Building Standards Authorizes the California Building Standards Commission to adopt emergency amendments to the California Building Standards Code outside the regular cycle for adopting changes. Chapter 384, Statutes of 1996 AB 3442 (Sweeney-R) - Unclaimed Property: Hazardous Material Cleanup Prohibits beneficiaries to a decedent's estate which includes toxic property from "cherry-picking" the valuable assets and abandoning their rights to the toxic property; allows the Controller to use the Unclaimed Property Fund for toxic remediation of escheated property, as specified. (Failed passage on Assembly Floor) AB 3452 (Brown-D) - Housing: Regional Housing Needs: Napa County Establishes a 5-year pilot program that allows Napa County to meet up to 15% of its lower-income regional housing needs by funding and constructing affordable housing units in cities within the county after specified requirements are met Chapter 1018, Statutes of 1996 AB 3503* (Weggeland-R) - March Joint Powers Authority: Planning Authority Declares that existing law allows the March Joint Powers Authority to exercise land use powers as specified by the joint powers agreement that created the authority, and that this finding is consistent with the Legislative Counsel's written opinion dated August 1, 1996. Also declares that its findings are declaratory of existing law and do not affect local governments' existing powers. Chapter 663, Statutes of 1996
