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NOTE: * denotes urgency legislation

Finance and Development
Mobilehomes
Miscellaneous

 

 
Finance and DevelopmentSB 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)MiscellaneousSB 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