Housing

Finance and Development
Mobilehomes
Common Interest Developments
Miscellaneous

Finance and Development

SB 1 (Murray-D) Electricity: renewable energy resources: Million Solar Roofs

Establishes the Million Solar Roofs Initiative, the goal of which is to place one million solar energy systems, or the equivalent 3,000 megawatts of capacity, on new or existing residential and commercial buildings by 2018.

(In Assembly Utilities and Commerce Committee)

SB 223 (Torlakson-D) Infill housing

Establishes the Job-Center Housing Planning Program within the Department of Housing and Community Development to provide revolving loans for the adoption of specific plans for infill development.

(In Assembly Appropriations Committee)

SB 435 (Hollingsworth-R) Housing: density bonuses

Makes a number of technical, clarifying, and substantive amendments to density bonus law.

Chapter 496, Statutes of 2005

SB 527 (Alquist-D) Redevelopment: senior housing

Requires redevelopment agencies to expend low-and moderate-income housing funds on housing for seniors, according to the proportion which low-income seniors are represented in the overall low-income population.

Chapter 262, Statutes of 2005

SB 575 (Torlakson-D) Housing development projects

Requires a city or county to have met or exceeded its regional housing need for lower and moderate income housing before the jurisdiction may disapprove an affordable housing development based on lack of need.

Chapter 601, Statutes of 2005

SB 832 (Perata-D) CEQA: infill development

Revises the California Environmental Quality Act infill exemption by allowing an acreage limit for residential projects to increase to 10 acres and the unit limit to increase to 300 if the site is located in a city with a population of more than 200,000 persons and the city council determines the acreage and units by council resolution.

(On Assembly Inactive File)

SB 843 (Dunn-D) General plans: housing elements

Requires a court, on a finding by the Department of Housing and Community Development that a local jurisdiction is not substantial compliance with housing element law, to levy a fine and award attorney fees as specified.

(In Senate Rules Committee)

SB 948 (Murray-D) CEQA: environmental impact reports: short form

Requires a lead agency to prepare a short form environmental impact report for a project subject to the California Environmental Quality Act if the lead agency has determined that the project meets specified criteria, including that the project consists of a residential development combined with one or more qualified urban uses, as defined, is located within the boundaries of an incorporated city or within an unincorporated area designated in an approved local general plan for residential development, and is consistent with specified land use requirements, as provided.

(In Senate Environmental Quality Committee)

SB 950 (Torlakson-D) Housing

Seeks to preserve the affordability of subsidized housing units when they become eligible for conversion to market rate.

Chapter 501, Statutes of 2005

SB 983 (Lowenthal-D) Tentative maps: notice

Increases the payments, from $500 to $1,100, that subdividers (or agents) must pay to certain tenants if they fail to provide notice to the tenants.

(In Assembly Local Government Committee)

SB 1052 (Kehoe-D) Property taxation: military housing

Requires a Military Housing Oversight Committee to be established for each applicable military facility, which will be comprised of a resident of the facility, the county assessor or his/her designee, and, if applicable, other county officials.

(In Senate Local Government Committee)

SB 1069 (Soto-D) Redevelopment: bonds

Allows redevelopment agencies to refinance bond debt if the terms of the refinance are less (i.e., to the benefit of the agency) than the existing bond.

Chapter 277, Statutes of 2005

SB 1087 (Florez-D) Housing elements: services

Clarifies and implements existing legal priority for water service to low-income housing.

Chapter 727, Statutes of 2005

SR 8 (Torlakson-D) Transportation and housing

States that the Senate places a high priority during the 2005-06 Regular Session of the Legislature on improving access to housing and reducing traffic congestion by promoting affordable housing, infill development, and other policies that allow people to live closer to their workplaces.

(In Senate Transportation and Housing Committee)

AB 63 (Strickland-R) Elderly and Disabled Home Improvement Loan Program

Establishes, within the Department of Housing and Community Development, the Elderly and Disabled Persons' Revolving Home Improvement Loan Program.

(In Assembly Housing and Community Development Committee)

AB 139* (Assembly Budget Committee) Budget trailer bill: Housing

Implements the general government provisions of the state budget. Makes the following changes in the allocation of Proposition 46 Housing Bond funds: (1) shifting repayments of housing preservation loans to the Multifamily Housing Fund, where they could be used to assist in financing projects to house mentally ill and other chronically homeless persons. However, $5 million of loan repayments will remain available for preservation projects through at least 2008, when the California Housing Finance Agency determines whether there is a continuing need for preservation funding, and (2) increasing the statutory limit on the amount of bond funds from the $25-million migrant housing set-aside that the Department of Housing and Community Development (HCD) may use for projects at state migrant housing centers from $5.5 million to $15 million. $5.2 million of the increase will be immediately available. The remaining $4.3 million plus uncommitted funds of $3.9 million (a total of $8.2 million) are designated for a revised migrant farmworker housing program that includes partially forgivable loans to agricultural employers and loans or grants to nonprofits, local agencies or joint ventures between them and agricultural employers. Any of the $8.2 million that remains unspent by September 1, 2006, (up to $4.3 million) then becomes available to HCD for projects at the state migrant centers through 2006-07. Prohibits HCD from increasing rents at state migrant housing centers above 30 percent of the average annual income of residents. This limitation was in existing law, but was inadvertently chaptered out last year.

Chapter 134, Statutes of 2005

AB 408 (Tran-R) Housing: financial discrimination

Repeals existing law requiring the Secretary of the Business, Transportation and Housing Agency to monitor and investigate the lending patterns and practices of financial institutions for compliance with the prohibition against discrimination in the availability of, or in the provision of, financial assistance for the purpose of purchasing, construction, rehabilitation, improving, or refinancing housing accommodations.

(In Assembly Banking and Finance Committee)

AB 517 (Hancock-D) Redevelopment: Berkeley: low- and moderate-income housing

Authorizes the Redevelopment Agency of the City of Berkeley, notwithstanding current law and subject to the approval of the city council, to retain, until January 1, 2020, its ability to incur indebtedness exclusively for the purposes of increasing, improving, and preserving the community's supply of low- and moderate-income housing and would extend the ability of the agency to receive tax increment revenues to repay indebtedness incurred pursuant to these provisions until January 1, 2060.

(In Assembly Housing and Community Development Committee)

AB 549 (Salinas-D) Affordable housing

Revises one of the specified findings for which a local agency may make a written finding, based on substantial evidence in the record, to disapprove or conditional approval of an affordable housing development and would authorize actual damages as compensation for documented quantifiable losses suffered by a plaintiff or petitioner in an action brought to enforce these provisions as a direct result of a local agency disapproving or conditioning its approval of an affordable housing development, as specified.

(In Assembly Local Government Committee)

AB 623* (Gordon-D) Redevelopment: Los Angeles Air Force Base

Authorizes the legislative bodies of communities located in Los Angeles County to adopt ordinances to expend their tax-increment moneys outside of their territorial jurisdiction to implement the Los Angeles Air Force Base Retention Program through the formation of a separate joint powers entity, as specified.

(In Assembly Local Government Committee)

AB 921 (Daucher-R) Redevelopment

Allows redevelopment agencies to extend the time limit on redevelopment activities for an additional 25 years without making a new finding of blight.

(In Assembly Housing and Community Development Committee)

AB 925 (Ridley-Thomas-D) Insurance: community investments

Makes findings and declarations regarding the need to promote investment by insurers in low-income and moderate-income communities.

(In Assembly Insurance Committee)

AB 939 (Mullin-D) Redevelopment

Expands the area where an eligible housing development may be located to include within one-half mile of San Francisco Bay Area Rapid Transit District stations located within San Mateo County and within one-half mile of that portion of El Camino Real located within San Mateo County.

(In Assembly Housing and Community Development Committee)

AB 983 (Laird-D) Housing: downpayment assistance

Extends, until January 1, 2008, the sunset date on a provision of law that allows Santa Cruz County redevelopment agencies to use separate definitions of affordable housing cost, and extends this provision to the Contra Costa County Redevelopment Agency and Monterey County Redevelopment Agency.

Chapter 225, Statutes of 2005

AB 986 (Torrico-D) Transit oriented development

Entitles a mixed-use development that is located within a regional priority transit oriented development zone that otherwise meets the qualifications for a density bonus to an additional density bonus of five percent above the bonus to which it is already entitled.

(In Assembly Local Government Committee)

AB 1233 (Jones-D) Housing element: regional housing need

Requires a city or county to rezone, within one year of the start of a new housing element planning period, sufficient land to make up for any shortage of adequate sites from the previous planning period.

Chapter 614, Statutes of 2005

AB 1265 (Leslie-R) Redevelopment agencies

Authorizes the adoption of an ordinance by a local legislative body declaring that there is no further need for the redevelopment agency if an agency has not, among other things, entered into contracts for redevelopment within three years after the adoption of a specified ordinance.

(In Assembly Housing and Community Development Committee)

AB 1330 (Karnette-D) Redevelopment: Los Angeles Harbor District

Establishes the Harbor District Development Authority in the City of Los Angeles, authorizes the City of Los Angeles to designate the Los Angeles Board of Harbor Commissioners as the redevelopment agency for the Harbor, and redefines blight to fit the conditions in the Los Angeles Harbor District.

(Failed passage in Assembly Local Government Committee; reconsideration granted)

AB 1352 (Bogh-R) Redevelopment: transfer of funds

Allows two redevelopment agencies, as specified, to adopt a resolution for the purpose of pooling housing funds.

(In Assembly Local Government Committee)

AB 1372 (Nunez-D) Farmworker housing

Authorizes, notwithstanding any provision of the Employee Housing Act, a person or entity that employees agricultural employees to provide short-term housing, not to exceed 45 days, to those agricultural employees in preexisting hotels, motels, or apartment buildings.

(In Assembly Housing and Community Development Committee)

AB 1383 (Pavley-D) Electricity: solar energy: low-income housing development

Creates a grant to facilitate the installation of solar energy systems in low-income housing.

Vetoed by the Governor

AB 1390 (Jones-D) Housing

Creates a 10-year statute of limitations on bringing action against a redevelopment agency for various violations related to its low- and moderate-income housing fund.

Chapter 409, Statutes of 2005

AB 1450 (Evans-D) Land use: density bonus

Requires that units targeted for moderate-income households as part of a housing development receiving a density bonus be affordable at a rent that does not exceed 30 percent of 120 percent of the area's median income, and creates requirements for the continued affordability and resale of these units.

(In Assembly Local Government Committee)

AB 1461 (Salinas-D) Community Development Block Grant Program Funds

Deletes the statutory caps on funding that may be awarded to an applicant of the Community Development Block Grant program and allows the Department of Housing and Community Development to determine the maximum annual grant for each program category.

Chapter 197, Statutes of 2005

AB 1472 (Coto-D) Redevelopment

Authorizes a redevelopment agency also to extend the time limit on effectiveness of the plan for a maximum of 10 additional years if significant physical or economic blight remaining in the project area may not be reasonably eliminated without the extension of the time limit, as provided.

(In Assembly Housing and Community Development Committee)

AB 1479 (Frommer-D) Jobs-Housing Balance Improvement Program

Requires the Department of Housing and Community Development to report to the Governor and the Legislature, with respect to units produced pursuant to the Jobs-Housing Balance Improvement Program, information detailing the proximity of the units to job centers.

(In Assembly Housing and Community Development Committee)

AB 1491 (Calderon-D) Redevelopment: low- and moderate-income housing

Authorizes the City of Industry to transfer a specified amount of its redevelopment tax increment revenues to a public entity located outside its boundaries if additional conditions are met.

(In Assembly Housing and Community Development Committee)

AB 1512 (Garcia-R) California Housing Finance Agency

Allows the California Housing Finance Agency to use not more than $75 million from the California Housing Downpayment Assistance Program to make short-term loans for the acquisition of land and the development of for-sale housing.

Chapter 338, Statutes of 2005

AB 1606 (Salinas-D) Redevelopment: low-income housing

Requires that income eligibility for affordable housing be based upon the income of each individual residing in the unit and not on the aggregate income of the residents in the unit.

(In Assembly Local Government Committee)

AB 1754 (Assembly Housing And Community Development Committee) Housing

Changes to statutes governing the California Housing Finance Agency's (CHFA) use of bond funds and regulating CHFA board members' ability to serve without conflict of interest.

Chapter 348, Statutes of 2005

Mobilehomes

SB 10 (Dunn-D) Mobilehome parks: removal of mobilehomes

Provides in determining whether a mobilehome, which is more than 17 or 20 years of age, meets specified Health and Safety Code or regulatory requirements, the inspection may be conducted by a private home inspector.

(On Assembly Inactive File)

SB 40 (Dunn-D) Mobilehome parks

Provides (1) that certain remedies are available if the Department of Housing and Community Development or a designated local agency issues a notice or order finding a mobilehome park, manufactured housing community, or special occupancy park (park) in violation of relevant health and safety codes, and the park owner fails to comply with that notice or order within a reasonable amount of time, and (2) permits the enforcement agency, a park resident, or a resident association to seek a court order requiring the park owner to correct the violation. Failure to comply with that order will be punishable by civil contempt or other remedies.

Vetoed by the Governor

SB 106 (Dunn-D) Mobilehome Parks Act

Extends the sunset date for the Mobilehome Park Maintenance Inspection Program to January 1, 2008, raises the annual fee to fund the program from $4 to $6, and requires the Department of Housing and Community Development to report to the Legislature on the effectiveness of the program.

Vetoed by the Governor

SB 125 (Dutton-R) Mobilehome parks: fees and charges

Authorizes the management of a mobilehome park to remove a homeowner or resident's personal property from the individual's land and premises to a secure storage facility to bring the space into compliance with the reasonable rules and regulations of the park or the Mobilehome Parks Act.

Chapter 24, Statutes of 2005

SB 198 (Lowenthal-D) Manufactured housing: installation

Requires the Department of Housing and Community Development to implement a program to certify installers of manufactured homes and mobilehomes.

Vetoed by the Governor

SB 237 (Migden-D) Mobilehome parks: transfers of mobilehomes

Prohibits a rental agreement in a mobilehome park entered into or renewed on or after January 1, 2006, from including a provision that would grant the management of the park the right of first refusal to purchase the homeowners' mobilehome for sale to a third party.

Chapter 35, Statutes of 2005

SB 253 (Torlakson-D) Housing

Makes a number of technical, non-controversial changes to statutes that relate to housing.

Chapter 595, Statutes of 2005

SB 435 (Hollingsworth-R) Housing: density bonuses

Makes a number of technical, clarifying, and substantive amendments to density bonus law.

Chapter 496, Statutes of 2005

SB 765 (Dunn-D) Mobilehome parks

Clarifies that the homeowner's responsible for the cleanup of wastewater or sewage deposited on the ground as a result of leaks either from that person's mobilehomes or from the connection on their lot to the mobilehome park's sewer or septic system, and provides that if the mobilehome owner fails to comply with the correction order issued, and the park manager is then required to comply with the order, the homeowner is liable for manager's costs.

Vetoed by the Governor

AB 197 (Umberg-D) Mobilehome parks: sales of parks

Provides that resident organizations, that have fulfilled certain requirements, shall have 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 in Assembly Housing and Community Development Committee; reconsideration granted)

AB 328* (DeVore-R) Crystal Cove State Park: El Morro Village Mobilehome Park

Prohibits the Department of Parks and Recreation from converting the El Morro Mobilehome Park at Crystal Cove State Park into a publicly accessible campground and public day use state park.

(In Assembly Water, Parks and Wildlife Committee)

AB 329* (DeVore-R) Crystal Cove State Park: El Morro Village Mobilehome Park

Prohibits the Department of Parks and Recreation from converting the El Morro Mobilehome Park at Crystal Cove State Park into a publicly accessible campground and public day use state park.

(In Assembly Water, Parks and Wildlife Committee)

AB 396 (Lieber-D) Mobilehome parks: closure

Requires the impact report for conversion, closure or cessation of use of a mobilehome park to include specific information and requires the legislative body determining the amount of reasonable and appropriate compensation for displaced park residents to consider certain factors.

(Failed in Assembly Housing and Community Development Committee; reconsideration granted)

AB 791 (Lieber-D) Tenancy: general provisions: mobilehomes

Clarifies that specified provisions of conventional landlord-tenant law prohibiting retaliation and harassment by landlords apply to management of a mobilehome park and provides that a provision of a rental agreement for a mobilehome is void against public policy if it contains a waiver of various rights of a mobilehome owner.

(Failed concurrence; reconsideration granted)

AB 954 (Coto-D) Mobilehome parks: meetings of homeowners

Prohibits management of a mobilehome park, or any employee or agent of the management, from attending or monitoring a meeting of a homeowners' group or association unless requested by the group to be present.

(In Assembly Housing and Community Development Committee)

AB 1064 (Cogdill-R) Mobilehome parks

Amends and makes permanent a law that allows manufactured housing that does not meet local snow load standards to be installed in areas above 5,000 feet elevation under certain conditions.

Chapter 325, Statutes of 2005

AB 1469 (Negrete McLeod-D) Mobilehome parks: manager licensing

Requires the Department of Housing and Community Development to establish a mobilehome park licensing and certification program and task force, as specified, and would require, by January 1, 2007, all mobilehome park owners of parks with 50 or more spaces, to provide proof that they employ a resident manager in the park who has successfully completed the program.

(In Assembly Housing and Community Development Committee)

Common Interest Developments

SB 61 (Battin-R) Elections

Requires that a common interest development (CID) association adopt rules, pursuant to specified procedures, to provide equal access to various association media as part of election campaigns, as specified, and to establish qualifications for candidates and voting, as specified, among other things. Requires that elections within a CID regarding assessments, selection of members of the association board of directors, amendments to the governing documents, or the grant of exclusive use of common area property be held by secret ballot, and requires that a CID select an independent third party, as specified, as an inspector of election, who would be granted specified powers, for these elections.

Chapter 450, Statutes of 2005

SB 137 (Ducheny-D) Assessments

Seeks to protect a condominium owner's property and equity when he/she misses payment on relatively small assessments imposed by their common interest development association.

Chapter 452, Statutes of 2005

SB 304 (Battin-R) Ombudsman

Establishes the position of Common Interest Development Ombudsman in the Department of Consumer Affairs, to be designated by the Governor, to provide assistance in taking complaints, and helping to resolve and coordinate the resolution of those complaints, from any member of an association or owner of a separate interest against an association, or from an association against any member or owner of a separate interest.

(In Senate Judiciary Committee)

SB 551 (Lowenthal-D) Office of the Common Interest Development Ombudsperson

Establishes an Office of the Common Interest Development Ombudsperson within the Department of Consumer Affairs to provide education to both homeowners and association officers and to provide mediation of disputes.

(In Senate Business, Professions and Economic Development Committee)

SB 853 (Kehoe-D) Physical changes

Specifies notwithstanding any contrary provision in the governing documents, architectural decisions in a common interest development may not violate governing law including but not limited to building code, land use and public safety.

Chapter 37, Statutes of 2005

AB 619 (Leslie-R) Assessments

Seeks to give homeowners some additional protections in their interaction with their homeowners' associations when dealing with alleged delinquencies.

(Held at Senate Desk)

AB 770 (Mullin-D) Office of the Common Interest Development Ombudsperson

Establishes the Office of the Common Interest Development Ombudsperson within the Department of Consumer Affairs to provide education, to offer dispute resolution services, and to collect data on common interest developments.

(In Assembly Business and Professions Committee)

AB 1098 (Jones-D) Records: availability

Requires a common interest development association to make available all association records, as opposed to just accounting books and records and meeting minutes, to a member of the association, applies this provision to related community service organizations, and increases civil penalties for a violation of these provisions.

Chapter 458, Statutes of 2005

AB 1264 (Leslie-R) Liens and foreclosures

Gives, for liens recorded on or after January 1, 2006, an owner in a common interest development the right to require a meeting with the board of directors of the association to dispute the debt, and requires the board to meet with the owner, as specified. Requires the notice of delinquent assessment to include a payment plan request form for the owner to request a payment plan, and requires the association to provide the owner with the standards for payment plans and to offer a payment plan, as specified, and requires any notice of default to be served according to specified methods, and requires the board to approve the commencement of any judicial or nonjudicial foreclosure, as specified.

(In Assembly Housing and Community Development Committee)

Miscellaneous

SB 51 (Kuehl-D) Real property: rentals

Extends the sunset date for a law that requires landlords to give 60 days notice (instead of 30 days) before terminating the periodic tenancy of a tenant who has resided in a dwelling for one year or longer.

(Failed passage on Assembly Floor; reconsideration granted)

SB 251 (Morrow-R) Homeowners' insurance: personal property

Requires an insurer under a homeowners' insurance policy, in the event of a total loss of the primary insured structure, to offer the insured the option of receiving an unspecified portion of the policy limit for loss or damage to personal property, in exchange for the insured's waiver of any right to recover an amount in excess of that sum for that loss.

(In Senate Banking, Finance and Insurance Committee)

SB 253 (Torlakson-D) Housing

Makes a number of technical, non-controversial changes to statutes that relate to housing.

Chapter 595, Statutes of 2005

SB 326 (Dunn-D) Land use: housing elements

Expands existing law to provide that any attached housing development is a permitted use not subject to a conditional use permit in a residential zone if various criteria are met.

Chapter 598, Statutes of 2005

SB 436 (Migden-D) Foster care: transitional housing

Requires any county that provides transitional housing placement services for foster youth to report a description of currently available transitional housing resources for foster youth.

Chapter 629, Statutes of 2005

SB 457* (Kehoe-D) Disaster relief

Adds the severe rainstorms, floods, mudslides, and other events that occurred in the counties of Orange, Riverside, San Bernardino, and San Diego during December 2004, January 2005, February 2005, March 2005, and June 2005 to the list of disasters eligible for full state reimbursement of local property tax losses, full state reimbursement of local agency costs under the Disaster Assistance Act, and favorable net operating loss carry forward treatment.

Double-joints with AB 18 (La Malfa-R) and AB 164 (Nava-D).

Chapter 622, Statutes of 2005

SB 488 (Soto-D) Contractors

Enhances penalties for third and subsequent convictions for contracting without a license and provides that it is a misdemeanor for the qualifying person of a contractor's license to violate workers' compensation insurance requirements.

Chapter 205, Statutes of 2005

SB 518 (Kehoe-D) Homeowners' insurance: insurance adjusters

Requires insurers to provide policyholders with a copy of their insurance policy within 30 calendar days from the policyholder's request, requires insurers to extend the additional living expense timeframe to 24 months after a declared state of emergency, and makes various changes to the statutes governing insurance adjusters.

Chapter 448, Statutes of 2005

SB 540 (Kehoe-D) Tenancy: signs and flags

Prohibits a landlord from prohibiting a tenant from posting or displaying noncommercial signs, posters, flags, or banners, as specified, on or within any portion of premises leased by the tenant, unless the posting or display violates a local, state, or federal law.

(In Senate Judiciary Committee)

SB 553* (Dutton-R) Personal income taxes: individual homeownership development

Creates an "Individual Homeownership Development Account" with account requirements and limitations similar to those governing Individual Retirement Accounts.

(In Senate Revenue and Taxation Committee)

SB 565* (Migden-D) Property tax reappraisal exclusion: domestic partners

Excludes the transfer of real estate between registered domestic partners from transfers resulting in the reappraisal of real property.

Chapter 416, Statutes of 2005

SB 725 (Morrow-R) Land use regulation: compensation

Provides that if a state or local public entity enacts or enforces a new land use regulation that restricts the use of private property or any interest therein and has the effect of reducing the fair market value of the property or interest by 25 percent, then the owner of the property or interest shall be paid just compensation, as specified, except with respect to certain land use regulations.

(In Senate Judiciary Committee)

SB 728 (Escutia-D) Title insurance: title solicitors

Establishes application requirements and procedures for obtaining and renewing a certificate of registration as a title solicitor, prohibits a person from marketing, offering, soliciting, negotiating, or selling title insurance in California unless that person holds a valid certificate of registration as a title solicitor and authorizes the Insurance Commissioner (IC) to adopt rules and regulations as necessary to administer the title solicitor registration program, and requires the IC to adopt regulations regarding certain expenditures made by title solicitors.

(On Senate Inactive File)

SB 745 (Scott-D) Title insurance: mergers and acquisitions: licenses

Provides that specified mergers involving a title insurer or underwritten title company may not be entered into unless the insurer or company has notified the Insurance Commissioner (IC) in writing of its intention to enter into the transaction at least 60 days prior thereto, or a shorter period as the IC may require, and the IC has not disapproved the proposed license within that period.

(In Senate Banking, Finance and Insurance Committee)

SB 756 (Romero-D) Discrimination: restrictive covenants

Revises an existing process for deleting unlawfully restrictive covenants from the governing documents for real property.

(In Senate Judiciary Committee)

SB 943 (Torlakson-D) Real property: real estate agents

Requires expert reports used to fulfill natural hazard disclosure requirements in residential property sales to include a "Notice of Environmental Hazard Site" if the property is within a one-half mile radius of specified environmental hazards.

(Failed passage in Senate Judiciary Committee; reconsideration granted)

SB 947 (Morrow-R) Construction contracts: indemnity

Provides that any provisions, clauses, covenants, or agreements contained in, collateral to, or affecting any construction contract entered into on or after January 1, 2006, for the construction of residential units, as specified, that purport to indemnify the promisee against liability for damages for injury to property, or any other loss, damage, or expense arising from the act or omission of the promisor, shall be limited only to damages, injury, loss, or expense caused by the promisor, or the promisor's subcontractors, agents, or representatives, without regard to any applicable standard of liability, except as specified.

(In Senate Judiciary Committee)

SB 978 (Ashburn-R) Water use: military land and housing areas

Prohibits, notwithstanding current law, submetering of a municipal or industrial service connection, served and billed through a master meter, for land under the administration of the military or housing projects included in the military housing privatization initiative program.

(In Senate Natural Resources and Water Committee)

SB 1112 (Senate Business, Professions And Economic Development Committee) Contractors and architects

Makes several minor technical changes to various provisions pertaining to the Contractors State License Board and the California Architects Board.

Chapter 280, Statutes of 2005

AB 14 (Harman-R) Property tax: subdivisions: separate assessments

Prohibits an assessor from assigning any parcel numbers or preparing a separate assessment or separate valuation to divide any existing residential structure into a subdivision, until state and local requirements have been complied with.

Chapter 281, Statutes of 2005

AB 18* (La Malfa-R) Disaster relief

Allows homeowners in Shasta County to retain the homeowners property tax exemption while their homes are in the process of being rebuilt or repaired due to the wildfires that began August 11, 2004.

Chapter 624, Statutes of 2005

AB 62* (Strickland-R) Property taxation: homeowners' property exemption

Provides certain homeowners an exemption from property taxes equal to 25 percent of the full value of the property for a stated time.

(In Assembly Revenue and Taxation Committee)

AB 108 (Houston-R) Attorney advertising: residential construction defects

Regulates advertising by plaintiffs' attorneys regarding construction defect issues.

(Failed passage in Assembly Judiciary Committee; reconsideration granted)

AB 164* (Nava-D) Disaster relief

Provides assistance and income tax relief for losses related to declared disasters that occurred in Southern California during December 2004, January 2005, February 2005, March 2005, in the counties of Kern, Los Angeles, Santa Barbara and Ventura.

Chapter 623, Statutes of 2005

AB 223 (Negrete McLeod-D) Real estate licensure: education requirements

Provides that risk management shall be a subject covered as part of the existing 45-hour continuing education requirement for an applicant for a real estate license renewal.

Chapter 183, Statutes of 2005

AB 237* (Arambula-D) Farmworker housing

Authorizes the Department of Housing and Community Development to forgive a loan if it determines forgiveness is necessary to the financing or continued viability of housing pursuant to this program.

(In Assembly Housing and Community Development Committee)

AB 292 (Maze-R) Employee housing: agricultural workers

Authorizes a county to adopt regulations for employee housing limiting the application to parcels of two acres or larger.

(In Assembly Housing and Community Development Committee)

AB 293 (Maze-R) Home inspections

Requires that, as soon as it is commercially feasible and prior to commencing a home inspection, a home inspector will be required to provide a written disclosure to the party on whose behalf the home inspection is going to be performed that includes, among other things, whether the inspector has professional and/or general business liability insurance, the inspector's experience and educational history, and whether the inspector holds any professional licenses related to the home building industry.

(In Senate Business, Professions and Economic Development Committee)

AB 304 (Hancock-D) Building standards: reconstruction

Allows local governments to establish seismic retrofit standards for soft-story multiunit residential buildings.

Chapter 525, Statutes of 2005

AB 316 (Nakanishi-R) Contractors

Clarifies the obligation of a qualifier (a qualifying partner, responsible managing officer, or responsible managing employee) for a contractor's license to comply with an arbitration award even though they have notified the Contractors State License Board that they are no longer going to be the qualifier for the license. Revises and refines the elements of the home improvement contract, and the service and repair contract.

Chapter 385, Statutes of 2005

AB 323 (Gordon-D) Professional negligence: real estate brokers or salespersons

Precludes the commencement of an action based upon the professional negligence of a licensed real estate broker or salesperson until the defendant has been given at least 60 days prior notice of the intention to commence the action, as specified.

(In Assembly Judiciary Committee)

AB 394 (Niello-R) Housing: discrimination

Revises an existing process for deleting unlawfully restrictive covenants from the governing documents for real property.

Chapter 297, Statutes of 2005

AB 399 (Montanez-D) Recycling

Establishes the Multifamily Dwelling Recycling Program Law to increase recycling in multifamily dwellings.

Vetoed by the Governor

AB 406 (Haynes-R) Construction contracts: indemnity

States the Legislature's intent to enact legislation regarding indemnification agreements regarding construction defects.

(In Senate Rules Committee)

Similar bills are AB 573 (Wolk-D) and AB 1038 (Houston-R) which are in Senate Rules Committee.

AB 459 (Oropeza-D) Transfer of real property: supplemental property taxes

Requires a person who sells real property to notify buyers that they may receive one or two supplemental tax bills upon purchasing the property. The notice will specify that such bills will not be mailed to the purchaser's lender, and will not be paid by the lender through an impound account.

Chapter 392, Statutes of 2005

AB 594 (Karnette-D) Personal property: rental-purchase agreements

Deletes the manufacturer's suggested retail price on a home appliance or home electronic product as an acceptable piece of evidence of the "cash price" of new rental property for the purpose of rent-to-own agreements between lessors and consumers.

(In Senate Judiciary Committee)

AB 641* (Montanez-D) Real estate time-shares

States that time-share developers who make a time-share property available for use by purchasers in a specified fashion are not required to make certain evidentiary showings to the Department of Real Estate because the property was not "offered for sale in this state." For those properties, requires instead that developers make specified certifications and meet certain notice requirements.

Chapter 93, Statutes of 2005

AB 648 (Jones-D) Development projects: disclosure requirements

Requires state and local agencies, as part of their lists of information required under the Permit Streamlining Act, to require an applicant to identify the persons or entities that will own, lease, or occupy the development project, if the applicant knows the other person or entity's identity at the time of the application.

Vetoed by the Governor

AB 662* (La Suer-R) Construction defects: County of San Diego: fires

Authorizes a homeowner and a contractor, as defined, to voluntarily agree to incorporate the rights and remedies of SB 800 (Burton), Chapter 722, Statutes of 2002, in a contract for free reconstruction of a home lost during the October 2003 Cedar Fire in San Diego County.

Chapter 40, Statutes of 2005

AB 712 (Canciamilla-D) Land use: density

Modifies the circumstances that trigger the requirement that a local government make a housing density reduction finding.

Vetoed by the Governor

AB 758 (Calderon-D) Construction contracts: indemnity

Prohibits certain indemnification agreements in residential construction contracts.

Chapter 394, Statutes of 2005

AB 769 (Jerome Horton-D) Residential real property

Allows a code enforcement agency to seek a court order requiring a rental housing owner to attend education classes if the owner has failed to comply with a code enforcement order.

Vetoed by the Governor

AB 781 (Leno-D) Rental property

Requires that landlords must own the building for a period of at least five years prior to making evictions under the Ellis Act.

(In Assembly Housing and Community Development Committee)

AB 790 (Yee-D) Real estate licensees

Requires the Department of Real Estate to identify and track real estate brokers and salespersons that negotiate residential mortgage loans.

(In Assembly Business and Professions Committee)

AB 873 (Bogh-R) Fire insurance: copies of policy

Requires an insurer to provide an insured with a copy of his/her homeowners' insurance policy within an unspecified number of calendar days of receiving a request from the insured, or when a state of emergency has been declared by the Governor or the President.

Chapter 397, Statutes of 2005

AB 881 (Emmerson-R) Workers' compensation: roofers

Requires all licensed roofers to have workers' compensation insurance, authorizes the registrar of contractors to remove the roofing classification from a contractor license for failure to maintain workers' compensation insurance, and requires insurers who issue workers' compensation policies to roofing contractors to perform annual audits of these policyholders, as specified, and allows the insurers to recoup the cost of these audits through a policy surcharge.

(On Senate Inactive File)

AB 885 (Keene-R) Real property: mortgages

Clarifies the definition of "last known address" for a mortgager or trustor relating to a notice of sale or default.

Chapter 224, Statutes of 2005

AB 901 (Ridley-Thomas-D) Covered loans

Amends California's Covered Loan Law to increase the loan amount used to determine whether a loan qualifies as covered, and requires an annual report regarding real estate fraud to be submitted to the Legislative Analyst.

Chapter 531, Statutes of 2005

AB 906* (Houston-R) Income taxes: credits: construction costs

Allows a credit against net tax of a portion of the qualified construction costs.

(In Assembly Revenue and Taxation Committee)

AB 941 (Canciamilla-D) Construction defects: prelitigation procedure

Requires pre-litigation procedures for homeowners seeking to enforce legal rights to obtain relief for defects in the construction of their homes.

(Failed passage in Assembly Judiciary Committee)

AB 1000 (Sharon Runner-R) Workers' compensation: roofers

Provides, until January 1, 2011, that specified roofing contractors holding active licenses who are exempt from the workers' compensation insurance requirement shall not be exempt for a period of more than one year. Requires that a licensee who does not satisfy this insurance requirement after one year be placed on inactive status.

(Unassigned to a committee)

AB 1099* (Leno-D) Property tax: solar energy system exclusion

Extends the sunset date for the exclusion of an active solar energy system from the definition of new construction for property tax purposes.

Chapter 193, Statutes of 2005

AB 1161 (Yee-D) Tenancies

Authorizes a loan made by a real estate broker to be secured by certain types of personal property incidental to the real property security. The value of that personal property is prohibited from being included in specified calculations.

(In Senate Rules Committee)

AB 1205 (Blakeslee-R) Development project fees: protests

Provides that any party may file a development fee protest regardless of whether the action includes a facial challenge to the ordinance, resolution, or motion authorizing the fee, dedication, reservation, or other exaction imposed on the development project.

(In Assembly Local Government Committee)

AB 1227 (Torrico-D) Housing: discrimination

Proposes to enact mandatory attorney's fees provisions in housing development law.

Vetoed by the Governor

AB 1444 (Jerome Horton-D) Malpractice actions: real estate brokers or salespersons

Adds real estate broker or salesperson to existing law that requires the attorney for the plaintiff or cross-complainant in any action arising out of the professional negligence of an architect, professional engineer, or land surveyor to file and serve a certificate declaring either that the attorney has consulted and received an opinion from an architect, professional engineer, or land surveyor, licensed to practice in this state or in any other state, or that the attorney was unable to obtain that consultation for specified reasons.

(In Assembly Judiciary Committee)

AB 1454 (Calderon-D) Homeowners' insurance: prohibited actions

Establishes the Homeowners' Bill of Rights, which regulates the use of credit information in the underwriting or rating of homeowners' insurance policies.

(In Assembly Insurance Committee)

AB 1460 (Umberg-D) Subdivisions: release of performance security

Creates time limits and procedures by which a local government must either notify a subdivider or contractor of any incomplete performance or unsatisfactory work or release the security given for faithful performance of the act or agreement.

Chapter 411, Statutes of 2005

AB 1528 (Jones-D) Tenancy: agency

Adds a section of the Civil Code to make statutory language more consistent.

(In Senate Judiciary Committee)

AB 1574 (Jones-D) Housing: discrimination

Authorizes the City of Sacramento and the County of Sacramento to enact local ordinances that are substantively identical to state laws prohibiting discrimination in housing as set forth in the Fair Employment and Housing Act.

(Failed passage in Senate Judiciary Committee; reconsideration granted)

AB 1729 (Houston-R) Real estate

Requires a real estate broker to record multi-lender promissory notes secured by real property within 10 days. Removes obsolete provisions and makes technical changes in the Real Estate Law.

Chapter 153, Statutes of 2005

Index (in Bill Order)