Housing

Finance and Development

SB 120 (Margett-R) Elderly and disabled persons: home improvement loans

Establishes, within the State Department of Housing and Community Development, the Elderly and Disabled Persons' Revolving Home Improvement Loan Program to provide no-interest home improvement loans to qualified elderly and disabled individuals to make nonmajor home modifications.

(Died in Senate Appropriations Committee)

SB 178 (Torlakson-D) Land use

Provides that the provisions of AB 1426 (Steinberg), a measure that creates a pilot affordable housing production standard program in the greater Sacramento region, will not go into effect until a plan to finance it is enacted.

(Died in Assembly Rules Committee)

SB 293 (Brulte-R) Development: fees

Limits the location where local officials can finance services with a Mello-Roos Act special tax to the territory that is subject to the special tax. Prohibits local agencies from levying, collecting, or imposing a monetary charge or exaction on a development for general revenue purposes.

(Died in Senate Local Government Committee)

SB 385 (Morrow-R) Veterans: life or disability insurance

Increases the level of reserve which the State Department of Veterans Affairs is allowed to maintain under agreements with insurance companies that provide life or disability coverage to participate in the Farm and Home Loan Program.

(Died in Assembly Veterans Affairs Committee)

SB 477 (Florez-D) Housing: farm labor strategy

Requires the State Department of Housing and Community Development (HCD) to develop a strategy for the development of farm labor housing and to establish a task force to assist in the development of the strategy. Requires HCD to report to the Legislature, by July 1, 2004, on its strategy.

(Died in Senate Housing and Community Development Committee)

SB 526 (Torlakson-D) Redevelopment: referendum

Applies certain existing law requirements relating to referenda of redevelopment plans that either provide for tax increment financing or expansion of project areas, to all redevelopment referenda.

Chapter 149, Statutes of 2004

SB 744 (Dunn-D) Planning: housing

Establishes a state Housing Accountability Committee, a new state administrative body, and allows developers to appeal local land use decisions that result in denial of a project or conditions that render the project financially infeasible, thereby superseding local authority over land use decisions.

(Died in Assembly Local Government Committee)

SB 898 (Burton-D) School site replacement housing

Permits a community college district, or an eligible nonprofit corporation, as defined, to replace existing dwelling units displaced by school construction.

Chapter 495, Statutes of 2004

SB 1102* (Senate Budget And Fiscal Review Committee) General government

This is the general government omnibus budget trailer bill. Provides various legislative changes related to general government necessary for the enactment of the 2004-05 State Budget Act, including the Office of Migrant Services programs and farmworker housing.

Chapter 227, Statutes of 2004

SB 1143 (Morrow-R) Veterans' homes: construction and funding

Deletes and amends sections of the Military and Veterans Code relative to the funding of the construction and appropriation of funds for the Veterans Homes of California at Barstow and Chula Vista.

Chapter 79, Statutes of 2004

SB 1188 (Chesbro-D) Farmworker housing

Makes local governments eligible to receive an incentive grant under the Workforce Housing Reward Program for the approval of employee housing. Allows grant amounts for such accommodations to be determined separately from the grants for congenital housing.

(Died in Senate Appropriations Committee)

SB 1382 (Murray-D) Redevelopment

Specifies when a redevelopment plan preliminary report shall be sent to the other taxing entities.

Chapter 158, Statutes of 2004

SB 1404 (Soto-D) Multifamily improvement districts

Enacts the Multifamily Improvement District (MID) Law to provide, until January 1, 2012, for the establishment of MIDs within a city or county to levy assessments on residential rental properties within the district for the purpose of financing certain improvements and promoting certain activities beneficial to those properties.

Chapter 526, Statutes of 2004

SB 1428 (Torlakson-D) Redevelopment

Allows the Contra Costa County Redevelopment Agency to raise the percentage of income a homebuyer may spend for housing to be considered affordable to 45 percent, as specified.

(Died in Senate Housing and Community Development Committee)

SB 1489 (Ducheny-D) Redevelopment

Requires a redevelopment agency to notify the legislative body of an audit or investigation conducted by the State Department of Housing and Community Development when redevelopment officials present annual reports to their legislative bodies.

(Died in Assembly Housing and Community Development Committee)

SB 1595 (Ducheny-D) State Housing Investment Trust Act of 2004

Enacts the State Housing Investment Trust Act of 2004, which, if adopted, authorizes the issuance of bonds in an unspecified amount for the purpose of financing new construction and rehabilitation of housing developments affordable t low- and very low-income individuals and families.

(Died in Senate Housing and Community Development)

SB 1609 (Dunn-D) Housing development project: local agencies

Closes loopholes in, and increases usefulness of, the Anti-NIMBY Law.

(Died in Assembly Local Government Committee)

SB 1625 (Hollingsworth-R) Jobs-housing balance

Requires the evaluation of the Inter-Regional Partnership State Pilot Project to Improve the Balance of Jobs and Housing to assess the correlation between the cost of complying with the California Environmental Quality Act and the difficulty of developing an adequate supply of infill housing.

(Died in Senate Housing and Community Development Committee)

SB 1652 (Murray-D) Solar Peak Energy Procurement Program: net energy metering

Establishes a new program to fund solar energy systems for new residential construction and mandates that specified percentages of new homes include solar energy systems.

(Failed passage in Assembly Appropriations Committee)

SB 1702 (Battin-R) Housing tax credits

Requires the California Tax Credit Allocation Committee to allocate state and federal tax credits to each county in proportion to regional housing need assessment numbers developed for housing element purposes.

(Died in Senate Housing and Community Development Committee)

SB 1772 (Senate Local Government Committee) Redevelopment: blight

Revises the provision that describes physical conditions that cause blight to include a crime rate that is so significantly higher than the community's overall crime rate that it constitutes a serious threat to the public safety and welfare of the persons and property in the area.

(Died in Senate Local Government Committee)

SB 1777 (Ducheny-D) California Statewide Housing Plan

Requires the State Department of Housing and Community Development (HCD) to update the Statewide Housing Plan every four years, as opposed to every two years, and makes a number of technical changes. Makes a clarifying change to a budget trailer bill, clarifies the number of units of farmworker housing a grower may provide, and specifies the amount of tie HCD has to issue citations related to mobilehome dealer licensing laws.

Chapter 818, Statutes of 2004

SB 1818 (Hollingsworth-R) Density bonuses

Makes various changes in the law relating to the provision of affordable housing and in the density bonus law.

Chapter 928, Statutes of 2004

AB 32 (Salinas-D) Housing: farmworker housing

Allows entities that construct or rehabilitate farmworker housing with public funs to enter into lease agreements with agricultural employers to provide housing for their employees under specific conditions.

Chapter 866, Statutes of 2004

AB 333 (Mullin-D) CalHome Program

Requires the State Department of Housing and Community Development, no later than December 31, 2004, to provide a report to the Legislature indicating the progress of the CalHome Program, including the number of jurisdictions accessing the program.

(Died in Assembly Housing and Community Development Committee)

AB 339* (Aghazarian-R) Farmworker housing tax credits

Revises and recasts the credit for farmworker housing under the provisions providing for the credit for low-income housing, thereby, among other things, allowing a credit for the entire amount of eligible costs for constructing or rehabilitating farmworker housing, as provided.

(Died in Assembly Revenue and Taxation Committee)

AB 463 (Oropeza-D) Transit facilities: infill housing

States findings and declarations of the Legislature relating to public transit facilities development. Requires the State Department of Housing and Community Development to require the incorporation of bicycle and pedestrian oriented design elements in all residential and mixed-use development projects approved for funding on or after December 15, 2005, with specified exemptions.

(Died in Assembly Housing and Community Development Committee)

AB 494 (Garcia-R) Redevelopment

Prohibits the transfer of local redevelopment housing funds if the local housing element is not certified by the State Department of Housing and Community Development.

(In Assembly Housing and Community Development Committee)

AB 644* (Mullin-D) Taxation: low-income housing

Requires the California Tax Credit Allocation Committee to also consider child care as one of the criteria for selection of projects to which the low-income housing tax credits may be allocated.

(Died in Assembly Revenue and Taxation Committee)

AB 672 (Montanez-D) Housing: smart growth: downpayment assistance and mortgages

Provides additional downpayment assistance to qualifying borrowers (under the California Homebuilders' Downpayment Assistance Program) who purchase a new home within an "infill opportunity zone," "transit village development districts," and "transit-oriented specific plan."

Chapter 674, Statutes of 2004

AB 721 (Matthews-D) Urban growth boundaries: smart growth model ordinance

Requires the development of a state model zoning ordinance that emphasizes "smart growth" concepts. Requires the land use element and diagram of a general plan to include an urban growth boundary, as specified.

(Died at Assembly Desk)

AB 822 (Matthews-D) Redevelopment: transit: jobs-housing balance

Authorizes a redevelopment agency, consistent with the authority granted pursuant to the Community Redevelopment Law, to use tax-increment financing to finance projects near transit jointly or in cooperation with other public agencies that are authorized to undertake transit oriented development projects, and projects designed to address jobs-housing imbalances in cooperation with an Inter-Regional Partnership designed to improve the balance of housing and jobs.

(Died at Assembly Desk)

AB 1112 (Lowenthal-D) Housing opportunity districts

Requires the State Department of Housing and Community Development to authorize creation of six tax increment districts around transit stations to finance affordable housing development.

(Died in Assembly Appropriations Committee)

AB 1123 (Parra-D) Urban development: California Main Street Program

Moves the California Main Street Program from the State Technology, Trade and Commerce Agency to the Office of Historic Preservation (OHP) within the State Department of Parks and Recreation, and requires the OHP to administer the program within existing resources.

(Died in Assembly Appropriations Committee)

AB 1158 (Lowenthal-D) General plans: housing elements

Reforms the Regional Housing Needs Assessment procedure.

(Died in Assembly Housing and Community Development Committee)

AB 1160 (Steinberg-D) Housing: second units

Restricts local governments' ability to deny or place restrictions on the development of second unit housing.

(Died in Assembly Housing and Community Development)

AB 1192* (Dutra-D) Land use

Requires that a local government is solely responsible for compliance with the existing requirement to identify adequate sites to ensure no net loss in residential unit capacity subsequent to a downzoning except when a project applicant makes specified requests in an initial application.

Chapter 10, Statutes of 2004

AB 1358 (Simitian-D) Redevelopment: cities: housing

Allows a redevelopment agency in a city of less than 100,000 in San Mateo, Santa Clara, or Santa Cruz counties to expend low- and moderate-income housing setaside funds outside of a project area, but with five miles from the exterior boundary of the project area as long as the construction is commenced prior to January 1, 2009 and the project is located within the same county.

(Died in Senate Housing and Community Development Committee)

AB 1426 (Steinberg-D) Affordable housing: greater Sacramento region

Creates a specified $1 million fund to be made available as grants for jurisdictions within the greater Sacramento region that adopt and achieve a specified affordable housing production standard.

Vetoed by the Governor

AB 1462 (Salinas-D) Farmworker housing

Allows the State Department of Housing and Community Development to waive part of the matching fund requirement for grants or loans of not more than $500,000 under the Joe Serna, Jr. Farmworker Housing Grant Program.

Chapter 672, Statutes of 2004

AB 1633 (Levine-D) Building standards

Allows the State Building Standards Commission to adopt building standards for any buildings outside of the jurisdiction of a state agency if it determines that uniform, statewide standards are necessary to protect the public health and safety or are otherwise in the public interest

(Died in Senate Housing and Community Development Committee)

AB 2175 (Canciamilla-D) Conversion of rental housing

Requires local governments, if certain conditions are met, to allow owners of residential property to subdivide their property into a common interest development if they so choose.

(Failed passage in Assembly Housing and Community Development Committee)

AB 2348 (Mullin-D) Housing element: regional housing need

Makes numerous changes to the provisions of housing element law pertaining to land inventory adequate sites, and permitted use, based on the work of the Housing Element Work Group.

Chapter 724, Statutes of 2004

AB 2471 (Longville-D) Transit service: housing developments

Requires the Office of the Legislative Analysts (LAO) to conduct a study of costs to transit operators of providing transit service to new housing developments of more than 150 units. Requires the LAO to estimate the costs to local governments of accommodating an auto-oriented environment in these housing developments.

(Died in Assembly Transportation Committee)

AB 2515 (Runner-R) Low-income housing: military base

Authorizes specified joint powers agency to defer the use of taxes allocated to the agency for low- and moderate-income housing for a period of not more than five years after the agency adopts findings based on substantial evidence that the vacancy rate for rental housing affordable to lower income households within the project area is more than four percent. Requires the amount deferred to be repaid, as specified.

(Died in Assembly Housing and Community Development Committee)

AB 2702 (Steinberg-D) Housing: second units

Restricts local government's ability to deny or place restrictions on the development of second unit housing.

Vetoed by the Governor

AB 2786 (Berg-D) Multifamily Housing Program

Requires the State Department of Housing and Community Development to give funding priority to projects that serve populations with special needs, as specified.

(Died in Assembly Housing and Community Development Committee)

AB 2805 (Ridley-Thomas-D) Redevelopment plans

Revises existing law provisions in the California Redevelopment Law for project area time extensions, applicable only to the City of Los Angeles for the purpose of rehabilitating the Los Angeles Memorial Coliseum for occupancy by a National Football League franchise.

Chapter 954, Statutes of 2004

AB 2836 (Maddox-R) Housing

Revises upward the definition of "low and moderate income households" for purposes of housing elements and the Building Equity and Growth in Neighborhoods Program.

(Failed passage in Assembly Housing and Community Development Committee)

AB 2838 (Salinas-D) Downpayment assistance: sales of real property

Increases the amount of downpayment assistance available under the California Homebuyers Downpayment Assistance Program and requires specified notice prior to sale or lease of public school property.

Chapter 683, Statutes of 2004

AB 2981* (McCarthy-R) Taxation: bonus depreciation

Provides additional state income and corporation tax law conformity with federal income tax laws by adopting specified provisions of the Jobs and Growth Tax Relief Reconciliation Act of 2003 with respect to an additional first-year bonus depreciation allowance for specified property acquired after January 1, 2004, and increases the maximum amount of the expense deduction to $100,000, as specified.

(Died in Assembly Revenue and Taxation Committee)

Mobilehomes

SB 740 (Kuehl-D) Mobilehome parks: sales of parks

Provides resident organizations who have fulfilled certain requirements with a right of first refusal to purchase a mobilehome park if the owner decides to sell or receives an offer from a third party to buy the park.

(Failed passage in Assembly Housing and Community Development Committee)

SB 1090 (Dunn-D) Manufactured homes and mobilehomes

Makes changes to the laws governing the sale of mobilehomes by dealers.

Chapter 567, Statutes of 2004

SB 1176 (Dunn-D) Mobilehome parks

Reduces the time allowed to correct specified health and safety code violations of the Mobilehome Park Maintenance Program. Makes changes in the notice provisions for mobilehome park rule changes.

Chapter 622, Statutes of 2004

SB 1610 (Ducheny-D) Mobilehome parks: Mobilehome Park Purchase Fund

Allows limited partnerships, in which all of the general partners are nonprofit mutual or public benefit corporations, to apply for Mobilehome Park Resident Ownership Program loans.

(Died on Assembly Inactive File)

AB 162* (Cohn-D) Mobilehome and Special Occupancy Parks

Repeals provisions of the Mobilehome Parks Act that were erroneously amended in 2003 to replace references to the Auditor General.

Chapter 56, Statutes of 2004

AB 624 (Lieber-D) Mobilehome parks

Prohibits a park owner from requiring that prospective homeowners have a monthly gross income greater than three times the sum of specified monthly housing costs.

(Refused passage on Assembly Floor)

AB 1089 (Dutton-R) Redevelopment: mobilehomes

Authorizes, until January 1, 2010, redevelopment agencies to purchase, or otherwise acquire or cause by regulation or agreement the purchase or other acquisition of, long-term affordability covenants on mobilehome parks in which residents rent spaces and either rent or own the mobilehome occupying their spaces, that restrict the cost of renting or purchasing those units under prescribed conditions.

(Died in Assembly Housing and Community Development Committee)

AB 1425 (Pacheco-R) Water service: Paradise Ranch Mobile Home Park

Extends the boundaries of the Newhall County Water District and the Castaic Lake Water Agency to include the Paradise Ranch Mobile Home Park.

(Died in Assembly Local Government Committee)

AB 1572 (Lieber-D) Manufactured housing: Manufactured Home Recovery Fund

Makes a number of changes to the Manufactured Home Recovery Fund program relating to eligible claimants, recoverable amounts and claim procedures. Increases the amount of time a claim may be filed with the State Department of Housing and Community Development for payment from the Manufactured Home Recovery Fund from one to two years.

Chapter 236, Statutes of 2004

AB 1836 (Harman-R) Common interest developments: dispute resolution

Enacts recommendations by the California Law Revision Commission revising the requirements and process for alternative dispute resolution used by homeowner associations and homeowners.

Chapter 754, Statutes of 2004

AB 2023 (Nakano-D) Mobilehomes: termination of tenancy

Provides for the termination of tenancy of a mobilehome owner or resident that commits specified acts, defined by this bill as a "substantial annoyance."

(Died in Senate Judiciary Committee)

AB 2351 (Corbett-D) Mobilehome parks: rights of mobilehome owners and residents

Makes changes to the Mobilehome Residency Law regarding rental agreements, vehicle towing "for sale" signs, and rights of entry and expands existing law to include resident-owned mobilehome parks.

Chapter 302, Statutes of 2004

AB 2581 (Lieber-D) Mobilehome parks: conversion

Requires a mobilehome park owner to submit a conversion impact report when their permit to operate has been suspended by the Department of Housing and Community Development or other responsible local enforcement agency.

Chapter 680, Statutes of 2004

AB 2726 (Laird-D) Mobilehome parks: rent control

Seeks to protect cities and counties with mobilehome rent control ordinances from the costs of defending against baseless litigation challenging the ordinances.

(Failed passage in Assembly Judiciary Committee)

AB 3022 (Assembly Housing And Community Development Committee) Housing

Increases those organizations that may apply for the Mobilehome Park Resident Ownership Program, the amount of financing allowed to low-income households under the program, and makes technical changes.

Chapter 473, Statutes of 2004

Miscellaneous

SB 30 (Figueroa-D) Home improvement contracts

Revises and refines the elements of the current home improvement contract.

Chapter 566, Statutes of 2004

SB 64* (Speier-D) Homeowners' insurance

Requires the State Department of Insurance to establish a program for the mediation of residential property insurance loss disputes arising from claims under policies.

Chapter 357, Statutes of 2004

SB 115 (Torlakson-D) Landlord and tenant: payments

Provides, with a specified exception, that a landlord or landlord's agent may not demand or require cash as the exclusive form of payment of rent or deposit of security.

Chapter 76, Statutes of 2004

SB 178 (Torlakson-D) Land use

Provides that the provisions of AB 1426 (Steinberg-D), a measure that creates a pilot affordable housing production standard program in the greater Sacramento region, will not go into effect until a plan to finance it is enacted.

(Died in Assembly Rules Committee)

SB 289 (Murray-D) Residential solar energy systems

Requires (1) that an unspecified percentage of single-family residences, constructed on or after January 1, 2006, include a solar energy system, and (2) the California Energy Commission to make a related determination by January 1, 2008.

(Died in Senate Appropriations Committee)

SB 344 (Speier-D) Title insurance: mortgage guaranty insurance

Permits title and mortgage guaranty companies to offer an additional type of insurance sufficient to satisfy a lender's interest for purposes of a refinancing transaction or for a second mortgage.

(Died in Senate Insurance Committee)

SB 374 (Margett-R) Escrow agents: fidelity bond coverage

Authorizes a licensed escrow agent licensee in good standing to provide a private fidelity bond as an alternative to participation as a member of the Escrow Agents' Fidelity Corporation, and establishes procedures in that regard. The private coverage will be available for real property escrows or personal property escrows, but excludes viatical settlement escrows.

(Died in Senate Banking, Commerce and International Trade Committee)

SB 415 (Kuehl-D) Real property: radioactive contamination: disclosure

Requires a person or entity that sells, leases, subleases, or otherwise transfers radioactive contaminated property to provide the transferee, prior to the transfer, with written disclosure of the specific increased risk of cancer to which residents of the contaminated property would be exposed.

(Died in Senate Environmental Quality Committee)

SB 458 (Burton-D) Construction defects: affirmative defenses

Clarifies the law related to affirmative defenses in construction defect litigation. Specifies that affected parties, other than builders, have the same affirmative defenses specified in the construction defect statute.

(Died on Assembly Inactive File)

SB 492 (Ducheny-D) Housing: funds

Extends the inoperative date, for the pilot program allowing communities in San Diego County to self-certify their housing elements by one year, to June 30, 2010.

Chapter 387, Statutes of 2004

SB 493 (Cedillo-D) Hazardous materials: liability

Transfers $25 million from the Toxic Substances Control Account to the Cleanup Loans and Environmental Assistance to Neighborhoods Account to fund loans provided by the State Department of Toxic Substances Control for assessment and cleanup related activities at brownfields and other underutilized urban properties.

(Died in Assembly Appropriations Committee)

SB 522 (Soto-D) Housing: residential care: persons with disabilities

Establishes a licensing and inspection program for residential hotels, apartments and room and board facilities in which over 25 percent of the residents are recipients of Supplemental Security Income/State Supplemental Program or other federal or state disability assistance or have a disability.

(Died in Senate Health and Human Services Committee)

SB 1037 (Sher-D) Subdivisions

Changes the area for which an adjoining city or county can request notice of a proposed subdivision from three miles form the agency's exterior boundary to anywhere within the city or county's planning area, and authorizes local subdivision ordinances to provide for cable television systems and for communications services to each parcel in all subdivisions.

Chapter 479, Statutes of 2004

SB 1145 (Burton-D) Tenancy

Repeals the sunset dates of various landlord tenant provisions scheduled to sunset and makes other needed corrections to landlord-tenant law.

Chapter 568, Statutes of 2004

SB 1146 (Dunn-D) Construction defects

Requires a builder against whom a construction defect claim has been received to offer all other potentially responsible parties a cooperative defense agreement. Specifies the required contents and effect of that agreement, as specified. Establishes the procedures for potentially responsible parties to enter into the agreement, reject the agreement, or demand binding arbitration, as specified.

(Died in Assembly Judiciary Committee)

SB 1228 (Perata-D) Disaster relief: owner-occupied dwellings

Makes various process and administrative changes to the California Natural Disaster Assistance Program (CALDAP) managed by the State Department of Housing and Community Development, including allowing CALDAP loans to be transferred to another borrower and allowing CALDAP loans to be subordinated to subsequent refinancings of the subject property.

Chapter 569, Statutes of 2004

SB 1255 (Hollingsworth-R) Fire protection: firebreaks

Allows, but does not require, a landowner to construct a firebreak with a radius of up to 300 feet, or to the property line, from a home or other structure, as specified. Allows local officials, at their discretion, to designate "appropriate vegetation management techniques" to protect a home.

(Died in Senate Natural Resources and Wildlife Committee)

SB 1277 (Ackerman-R) Mortgages: foreclosure

Adds specified consumer protections regarding the duties of foreclosure consultants.

Chapter 177, Statutes of 2004

SB 1323 (Ortiz-D) Homeowners' insurance: prohibited actions

Regulates the use of credit scores in underwriting homeowners' insurance policies and prohibits insurers from reporting that an insured has made an inquiry about coverage if no claim is filed.

(Died on Assembly Inactive File)

SB 1328 (Torlakson-D) Housing: tenants: notices

Expands the types of assorted projects that are subject to existing requirements for owners to provide notice of any termination of affordability restrictions and seeks to clarify existing law requiring owners of assisted housing to provide "qualified entities" the opportunity to purchase the property before selling projects to buyers who intend to charge market rates.

Chapter 110, Statutes of 2004

SB 1369 (Kuehl-D) Fire protection

Requires a person who owns property within either state fire protection and suppression responsibility areas, or local responsibility areas where the homes are in very high fire hazard severity zones, to create a firebreak of 100 feet around any structures on the property and to provide proof of building certification to his or her insurance carrier.

Chapter 720, Statutes of 2004

SB 1474 (Escutia-D) Homeowners' insurance: claims

Prohibits insurers from refusing to issue or renew a homeowners' policy on the basis of claims made by the applicant or insured under specified conditions. Allows for specified exemptions of what is considered a "claim". Specifies certain conditions that allow an insurer to refuse to renew or issue a homeowners' policy.

(Failed passage in Assembly Insurance Committee)

SB 1508 (Ducheny-D) Real property loans: restrictions: code violations

Prohibits, generally, the making of a loan secured by a deed of trust or mortgage on non-owner-occupied residential real property if a notice of pending of action has been recorded against the property by the local code enforcement agency.

Vetoed by the Governor

SB 1581 (Battin-R) Common interest developments: elections

Seeks to provide substantial new voting protections for the many California homeowners who live in common interest developments.

(Died in Assembly Judiciary Committee)

SB 1625 (Hollingsworth-R) Jobs-housing balance

Requires the evaluation of the Inter-Regional partnership State Pilot Project to Improve the Balance of Jobs and Housing to assess the correlation between the cost of complying with the California Environmental Quality Act and the difficulty of developing an adequate supply of infill housing.

(Died in Senate Housing and Community Development Committee)

SB 1634 (Alarcon-D) Real property: substandard conditions

Makes a number of revisions to state law relating to residential building code enforcement.

(Failed passage in Assembly Housing and Community Development Committee)

SB 1659 (Poochigian-R) Eminent domain: compensation

Requires that with respect to property taken by eminent domain pursuant to the Community Redevelopment Law, if the property owner intends to replace the property taken in order to continue his or her residency in the "same area", the measure of compensation is the cost to replace the residence or business on the property taken, upon property within the "same area" as within either the same city or unincorporated area, or within a radius of 15 miles.

(Died in Senate Judiciary Committee)

SB 1682 (Ducheny-D) Common interest developments

Seeks to give homeowners more rights in their interaction with their homeowners associations.

(Died on Assembly Third Reading File)

SB 1728 (Aanestad-R) Private property: state agency access

Prohibits the State Department of Fish and Game and the State Department of Water Resources from entering private property except with the consent of the property owner, as specified. Makes the department's liable for damages for any habitat and wildlife conservation related activity that occurs on private property.

(Died in Senate Judiciary Committee)

SB 1805 (Murray-D) Solar energy systems

Prohibits a homeowners association from withholding approval on the installation of or use of a solar energy system, if the system is certified by a nationally recognized certification agency or the solar energy system meets certain specified safety and performance standards.

(Died in Senate Housing and Community Development Committee)

SB 1815 (Johnson-R) Building permits

Provides that a permittee is entitled t reimbursement of permit fees if the local enforcement agency does not conduct an inspection of the permitted work within 60 days of receiving notice that the work is completed.

Chapter 144, Statutes of 2004

SB 1827 (Torlakson-D) Parking: car elevators

Requires a report on whether to require the adoption of building standards within the California Building Standards Code adoption cycle, as specified, for car elevators, parking lifts, or both.

(Died in Senate Housing and Community Development Committee)

SB 1855 (Alpert-D) Homeowners' insurance: liability limits: disclosure

Makes changes to the California Residential Property Insurance disclosure and requires insurers to provide each insured with a Residential Property Insurance Bill of Rights.

Chapter 385, Statutes of 2004

SB 1915 (Figueroa-D) Construction contracts: indemnification

Revises and recasts provisions of law relating to construction contracts to apply to indemnitees rather than promisees.

(Died in Assembly Judiciary Committee)

AB 21 (Liu-D) Housing: 710 Freeway Corridor

Requires the State Department of Transportation (DOT) to establish a specified task force to develop recommendations to the Legislature on rental rates on DOT-owned residential property in the 710 Freeway Corridor. Prohibits DOT from increasing rents on such occupied residential units and places a moratorium on any without-cause evictions until January 1, 2005.

(Died in Senate Transportation Committee)

AB 210 (Nation-D) Tobacco: dwellings

Prohibits the smoking of tobacco in the indoor and outdoor common areas of multifamily residential housing. Prohibits the smoking of any tobacco-related products within any common area in a common interest development and provides that the drifting, wafting, or blowing of tobacco smoke into the interest of any other person in a common interest development is a nuisance.

(Died in Assembly Housing and Community Development Committee)

AB 211* (Maze-R) Taxation: homeowners' property tax exemption

Increases the homeowners' property tax exemption for senior citizens for assessment years beginning on or after January 1, 2004.

(Died in Assembly Revenue and Taxation Committee)

AB 224 (Kehoe-D) Roof covering materials

Prohibits common interest developments homeowner associations from requiring a homeowner to install or repair a roof in violation of existing Health and Safety Code provisions relating to very high fire hazard severity zones.

Chapter 318, Statutes of 2004

AB 269 (Mullin-D) Downtown Rebound Program: report

Allows any redevelopment agency within the San Mateo County to participate in a joint powers authority for the purpose of pooling law- and moderate-income housing funds for affordable housing.

Chapter 869, Statutes of 2004

AB 628 (Runner-R) Taxation: sale of real property interest

Exempts certain sales of real property by an individual engaged in the trade business of real estate construction and sales.

(Died in Assembly Revenue and Taxation Committee)

AB 731 (Spitzer-R) Public safety: building inspections

Proposes a change in the fire safety inspection schedule of apartment houses from once annually to no less than once every three years. Applies only to apartment houses that have direct exiting into the exterior of the building and are not more than three stories tall.

(Died in Senate Housing and Community Development Committee)

AB 752 (Plescia-R) Construction defects: additional insureds

Relates to the needs of construction subcontractors to acquire affordable additional insured coverage as required by general contractors and real estate developers.

(Died in Assembly Insurance Committee)

AB 831 (Goldberg-D) Unlawful detainer

Seeks to provide tenants additional time to respond to a summons issued in an unlawful detainer action and to a writ of possession.

(Died on Assembly Inactive File)

AB 842 (Vargas-D) Time-share estates

Extends a time-share purchaser's contract cancellation period, provides for purchaser reimbursement, and requires additional disclosure requirements regarding time-share transactions.

(Died in Senate Judiciary Committee)

AB 920 (Nakano-D) Real estate disclosures: nuisance: local government

Clarifies various disclosures required to be made by sellers of residential property, and amends disclosure forms to reflect changes in law and practice in the residential real estate industry.

Chapter 66, Statutes of 2004

AB 980 (Salinas-D) Housing element: self-certification

Creates an alternative production-based certification process for the housing elements of cities and counties.

(Died in Assembly Housing and Community Development Committee)

AB 994 (Cox-R) Housing: prison beds

Requires a city or county's housing element information to include the amount of land within the city or county owned by the state or federal government and unable to be rezoned.

(Died in Assembly Local Government Committee)

AB 1202 (Montanez-D) Tenancy: security deposits

Permits a bond or commercial insurance policy purchased by a tenant to secure the performance of the terms and conditions of a rental agreement to be characterized as nonrefundable.

(Died in Assembly Judiciary Committee)

AB 1256 (Koretz-D) Rent control

Allows an owner of residential real property to establish the initial and all subsequent rental rates for a dwelling or unit that has a certificate of occupancy that is 25 years or less, and allows a local jurisdiction to control the rental rates of a dwelling or unit older than 25 years.

(Died in Assembly Housing and Community Development Committee)

AB 1257 (Koretz-D) Housing: standards: enforcement

Specifies that in criminal prosecutions involving housing, building, or fire code violations, the people have the burden of proof of the violation and the defendant has the burden of proving any defense or mitigating circumstances.

(Died in Assembly Housing and Community Development Committee)

AB 1604* (Bates-R) Personal income and bank and corporation taxes: credits

Authorizes a credit for each taxable year beginning or after January 1, 2004, and before January 1, 2009, in an amount equal to the property tax paid or incurred during the taxable year that is attributable to any rental housing to accommodate members of the armed forces and their families.

(Died in Assembly Revenue and Taxation Committee)

AB 1836 (Harman-R) Common interest developments: dispute resolution

Enacts recommendations by the California Law Revision Commission revising the requirements and process for alternative dispute resolution used by homeowner associations and homeowners.

Chapter 754, Statutes of 2004

AB 1891 (Haynes-R) Homeowners' insurance: mold

Requires, if an insurer intends to exclude mold as a covered peril, that the insurer state the exclusion in readily understandable terms.

(Died in Assembly Insurance Committee)

AB 1903 (Maddox-R) Discrimination: land use: religion

Requires local government actions relative to land use affecting religious institutions and assemblies, or religious uses of private residences, to use no less favorable standards than those used for affecting similarly situated nonreligious institutions and assemblies and nonreligious uses of private residences.

(Died in Senate Judiciary Committee)

AB 1964 (Leslie-R) Evictions: special occupancy parks

Provides additional enforcement rights to park managers of special occupancy park. Permits the park management of a special occupancy park to evict a guest if the guest refuses or fails to depart by the checkout time, as specified. Provides guidelines to be followed if park management wants to tow a vehicle.

Chapter 530, Statutes of 2004

AB 1970 (Harman-R) Land use: housing element

Authorizes a city that meets specified requirements to adopt a housing element that makes no provision for new housing or the share of regional housing needs.

(Died in Assembly Local Government Committee)

AB 1976 (Maze-R) Home inspectors

Requires the Contractors' State License Board to develop a process for licensing home inspectors and makes it unlawful to perform a home inspection without a license.

(Died in Assembly Business and Professions Committee)

AB 2069 (Chavez-D) Real estate

Corrects an error in signing order in the Governor's Office last year involving AB 620 (Leno) and AB 679 (Chavez). Implements the intended provisions in both bills by repealing the conflicting provisions. AB 620 allows property values of collateral in mortgage loans to be pegged at the improved value of the property rather than the current value for construction or rehabilitation loans. AB 679 clarifies that multi-lender loans may be secured by multiple parcels of pieces of property.

Chapter 140, Statutes of 2004

AB 2071 (Houston-R) Limitation of actions: construction defects

Bars an action to recover damages for or arising from a latent deficiency, as described, if that action is brought more than six years after completion. Bars action based on s oil subsidence if the action is brought more than 10 years after completion.

(Died in Assembly Judiciary Committee)

AB 2088 (Dutra-D) Residential real property: Costa-Hawkins

Amends the Costa-Hawkins Rent Housing Act to allow a rent increase for new occupants of a rent-controlled unit, as specified. Does not apply to specified jurisdictions that already have in place procedures for increasing the rent to new occupants.

(Died on Senate Inactive File)

AB 2142 (Houston-R) Home inspectors

Authorizes home inspectors who are also licensed contractors or licensed structural pest control operations to make the repairs recommended by them in their own inspection reports, as long as specific disclosures are made and consumers are provided flexibility in choosing a contractor.

(Died in Assembly Business and Professions Committee)

AB 2147 (Kehoe-D) Liability insurance: wrap-up policies

Requires insurers who write wrap-up insurance policies to report workers' compensation information on both contractors and subcontractors to the rating agencies and to the contractor.

Chapter 777, Statutes of 2004

AB 2158 (Lowenthal-D) Housing elements: regional housing need

Enacts consensus-based changes proposed for the regional housing needs allocation process by the Housing Element Work Group.

Chapter 696, Statutes of 2004

AB 2199* (Kehoe-D) Fire insurance: indemnity

Defines the measure of indemnity and places specified conditions on insurers in circumstances related to fire insurance. Allows an insured to be granted a time extension to rebuild, repair, or replace the insured property and allows an insured to rebuild, repair, or replace the property at a location other than the original insured premise.

Chapter 311, Statutes of 2004

AB 2241 (Campbell-R) Building standards: California Building Standards Commission

Clarifies the types of officials and contractors that constitute the California Building Standards Commission.

(Died in Assembly Business and Professions Committee)

AB 2252 (Montanez-D) The Vacation Ownership and Time-share Act of 2004

Consolidates and revises the entire body of time-share vacation property law, streamlines the regulatory approval process, and adds new consumer protections to create the Vacation Ownership and Time-share Act of 2004.

Chapter 697, Statutes of 2004

AB 2261 (Parra-D) Limited liability companies

Expands the definition of "person" under the Real Estate Law to include a limited liability company.

(Died in Senate Judiciary Committee)

AB 2264 (Chavez-D) General plan: housing element

Requires, in the housing element, identification of available private funds. Provides that a specified city in the County of Los Angeles may elect to commit 50 percent of the tax increment funds to the county to be used as security for bonds for the construction of low- and moderate-income housing, as specified.

(Died in Assembly Housing and Community Development Committee)

AB 2376 (Bates-R) Common interest developments: architectural review

Requires a homeowners association to provide a fair and reasonable process for reviewing a request by a homeowner for a physical alteration to their unit or common area.

Chapter 346, Statutes of 2004

AB 2399 (Liu-D) Homeowners' insurance: dog breeds

Prohibits an insurer from refusing to issue or renew a homeowner's policy based upon the breed of dog owned by the applicant or insured.

(Died in Assembly Insurance Committee)

AB 2400 (Keene-R) Controlled substances: unlawful methamphetamine laboratories

Requires the State Department of Health Services to develop a form that may be recorded as a lis pendens against a property contaminated by illegal methamphetamine manufacture to ensure that notice is given that cleanup has been performed.

(Died on Senate Inactive File)

AB 2427 (Samuelian-R) Insurance coverage: mold

Prohibits specified policies of insurance, as specified, from being canceled and prohibits an insurer from refusing to renew this policy, only on the grounds of presence of mold if the policy contains an existing exclusion for payment of loss for that peril.

(Died in Assembly Insurance Committee)

AB 2582 (Lieber-D) Tenancy: hazardous substances

Seeks to provide tenants with notification of the presence and location of hazardous substances in or on the rental property.

(Died on Assembly Inactive File)

AB 2583 (Lieber-D) Tenancy: personal information

Seeks to protect tenants from harassing and abusive practices and to establish the privacy rights of renters.

(Failed passage on Assembly Floor)

AB 2594 (Leslie-R) Public accommodations: persons with disabilities

Imposes additional procedural requirements and limitations on persons with disabilities who seek to redress violations of state law regarding disability discrimination by businesses, housing accommodations and public facilities.

(Died in Assembly Judiciary Committee)

AB 2598 (Steinberg-D) Common interest developments

Seeks to give homeowners more reasonable protections in their dealings with their homeowners' associations regarding alleged overdue assessments.

Vetoed by the Governor

AB 2610 (Strickland-R) Homeowners associations

Amends the definition of "emergency situation" by which a court may order a homeowners' association to make a special assessment and provides that a community association may dissolve and establish a new organization without carrying the same financial liabilities as the original organization.

(Died in Assembly Judiciary Committee)

AB 2638 (Cogdill-R) Building standards: public information

Requires that written rules and regulations that certain agencies adopt to interpret the application of the California Building Code shall be made available to the public, upon request.

Chapter 642, Statutes of 2004

AB 2639 (Cox-R) Title insurance: disciplinary actions

Authorizes the Commissioner of the State Department of Insurance to restrict, rather than suspend or revoke, an underwritten title company's license or certificate of authority.

(Died in Senate Insurance Committee)

AB 2689 (Houston-R) Attorneys: advertising: residential construction defects

Regulates advertising by plaintiffs' attorneys regarding construction defect issues.

(Died in Assembly Judiciary Committee)

AB 2718 (Laird-D) Common interest developments

Changes the financial information homeowner associations in common interest developments are required to provide members to include an Assessment and Reserve Funding Disclosure summary statement of current and future assessments.

Chapter 766, Statutes of 2004

AB 2804 (Calderon-D) Construction defect actions

States legislative intent to address residential construction defect litigation. Declares it is the intent of the Legislature to protect the interests of all involved parties in the resolution of construction defect claims and litigation.

(Died in Senate Rules Committee)

AB 2812 (Dutra-D) Construction defects: resolution process

Declares legislative intent to consider whether the existing process for resolution of residential construction defect claims, as specified, could be revised for the mutual benefit of consumers, builders, contractors, building trades, subcontractors, insurers, and others who may be interested in the equitable and expeditious resolution of these controversies.

(Died in Senate Rules Committee)

AB 2867 (Nunez-D) Tenancy: residential hotels

Seeks to provide clarity to existing law relating to residential hotels.

Chapter 950, Statutes of 2004

AB 3052 (Kehoe-D) Building standards

Clarifies that all building standards are to be administered and enforced, and whenever practicable, written on a performance basis that is consistent with state and nationally recognized standards for building construction in view of the need to provide the greatest level of fire safety for real property owners.

(Died in Assembly Business and Professions Committee)

Index (in Bill Order)