Housing

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Mobilehomes
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Mortgage/Foreclosure Reform

Finance and Development

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SB 16 (Lowenthal-D) Low-income housing tax credits
Increases, for calendar years 2010 to 2013, inclusive, the aggregate housing credit dollar amount that may be allocated among low-income housing projects, as specified. Specifies, in the case of a project that receives a preliminary reservation of a state low-income housing tax credit on or after 1/1/10, and before 1/1/13, the income and corporation tax credit to be refundable pursuant to specified laws, and authorizes the California Tax Credit Allocation Committee to require a fee to cover the costs incurred by the Committee and the Franchise Tax Board to make these refunds.
(Died in Senate Appropriations Committee)

SB 194 (Florez-D) Community Equity Investment Act of 2010
Enacts the Community Equity Investment Act of 2010, and specifies how funds received under the federal State Community Development Block Grant Program are expended at the local government level.
Vetoed

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

SB 454 (Lowenthal-D) Land use: zoning regulations
Deletes the sunset date on three sections of law requiring the owners of affordable housing to provide notice to tenants and governmental entities before converting a property to market rate and giving a limited priority to preservation purchasers in the event the owner wishes to sell, and makes minor changes to the requirements.
Chapter 308, Statutes 2010

SB 530 (Dutton-R) Redevelopment: payments to taxing entities
Applies the redevelopment pass-through reporting and repayment requirements enacted by last year's State Budget to redevelopment project areas that were formed before 1/1/94, and amended after 1/1/94.
Chapter 170, Statutes of 2010

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

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

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

SB 812 (Ashburn-R) Developmental services: housing
Requires cities and counties to include an analysis of the housing needs of the developmentally disabled in the analysis of special housing needs in their housing elements.
Chapter 507, Statutes of 2010

SB 855* (Senate Budget And Fiscal Review Committee) Building standards
Among other provisions, enacts the resources budget trailer bill which requires the Department of Forestry and Fire Protection (CAL FIRE) to report to the Legislature by 1/1/12, on the steps taken by the Office of the State Fire Marshal to improve fire and panic safety with respect to green building standards, and to better coordinate work on green building standards code development with the California Building Standards Commission and the Department of Housing and Community Development.
Chapter 718, Statutes of 2010
A similar bill was AB 1615 (Assembly Budget Committee) which died on the Senate Third Reading File.

SB 958 (Lowenthal-D) Federal Housing Trust Fund
Dedicates funds that California receives from the Federal Housing Trust Fund primarily to the Department of Housing and Community Development's Multifamily Housing Program, except that the Legislature may appropriate up to 10% of the funds to the CalHome Program.
(Died on Assembly Inactive File)

SB 977 (Hollingsworth-R) Redevelopment Agency of the County of Riverside
Allows the Redevelopment Agency of the County of Riverside to include territory that is now part of the cities of Menifee, Wildomar, or Indio if, prior to incorporation or annexation of these cities certain conditions are met.
Chapter 315, Statutes of 2010

SB 995 (Strickland-R) Housing: condominium conversions
Provides that a stock cooperative or community apartment project for senior citizens, established before the Davis-Stirling Common Interest Development Act, that is converting to a condominium, is not required to file a condominium plan as part of the documents required to be submitted to the Department of Real Estate.
(Died in Senate Local Government Committee)

SB 1019 (Correa-D) Subdivisions: release of performance security
Extends, from 1/1/11 to 1/1/16, the sunset date for procedures that counties and cities must follow to release subdivision performance securities following the completion by developers of required public improvements associated with new developments.
Chapter 174, Statutes of 2010

SB 1070 (Cogdill-R) Land use: Tulare Lake basin
Defines, for the purposes of Planning and Zoning Laws, the "Tulare Lake Basin", as the Tulare Lake Hydrologic Region as defined in the California Water Plan Update 2009, prepared by the Department of Water Resources.
Chapter 153, Statutes of 2010

SB 1112 (Oropeza-D) Redevelopment: plan amendment
Allows for a 10-year extension of redevelopment activities within Project Area No. 1 of the Carson Redevelopment Agency for purposes of brownfield remediation. The Carson Redevelopment Agency would collect property tax increment revenues for an additional 10 years if certain criteria are met.
(Died in Senate Appropriations Committee)

SB 1174 (Wolk-D) Land use: Future Sustainable Communities Pilot Program
Uses previously authorized bond funds to create a pilot project, administered by the Strategic Growth Council, to assist five cities and five counties in updating their general plans in order to identify and start to address the lack of infrastructure and services provided to disadvantaged unincorporated communities within their areas.
(Died in Assembly Appropriations Committee)

SB 1189 (Correa-D) Land use: housing element: regional housing need
Prohibits the Southern California Association of Governments and any of its delegated subregions from allocating to a city or county a total regional housing needs assessment (RHNA) number that, as a percentage of the aggregate RHNA allocation for the respective subregion, is more than 20% greater than the city's or county's population, as a percentage of the aggregate population of the subregion. Subjects the RHNA process in all regions to judicial review.
(Died in Senate Transportation and Housing Committee)

SB 1216* (Cedillo-D) Low-income housing tax credit
Authorizes the California Tax Credit Allocation Committee to allocate state low-income housing tax credits to a project in excess of current allowable amounts in exchange for a proportionate allocation of federal credits, as specified. Provide that this authority would only apply to allocations made prior to 1/1/16 in a year in which there are surplus state credits available.
(Died in Senate Appropriations Committee)

SB 1250 (Ducheny-D) Military housing: taxation
Modifies the statute that provides a possessory interest tax exemption to private contractors that construct and maintain military housing, provided certain conditions are met.
Chapter 327, Statutes of 2010
A similar bill was AB 1332 (Salas-D) which died in Assembly Appropriations Committee.

SB 1287* (Ducheny-D) Housing assistance: earthquake disaster relief
Appropriates $900,000 from the Disaster Relief Fund to the Department of Housing and Community Development to award funds for housing low- and moderate-income persons who have been impacted by the 4/4/10 earthquake in Baja California, Mexico.
(Died in Senate Appropriations Committee)

SB 1374 (Kehoe-D) Redevelopment: plan amendment procedures
Requires, in the report to the legislative body regarding a proposed time extension for an older redevelopment project area, redevelopment officials to include detailed responses to the concerns expressed by the affected taxing agencies, project area committee, residents, or community organizations, and requires the redevelopment agency and the legislative body to consider these objections or concerns at their public hearing.
Chapter 182, Statutes of 2010

SB 1483 (Wright-D) Multifamily improvement districts
Extends the date before which a city or county can form a multifamily improvement district by 10 years, from 1/1/12 to 1/1/22.
Chapter 339, Statutes of 2010

AB 183* (Caballero-D) Homebuyers: qualified principal residence
Provides a tax credit against the personal income tax liability of taxpayers who are first-time homebuyers or taxpayers who purchase a home that has never been occupied.
Chapter 12, Statutes of 2010
Similar bills were AB 765 (Caballero-D) which died on the Senate Floor and SB 37 X3 (Ashburn-R) which died at the Assembly Desk.

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

AB 288 (Nestande-R) Redevelopment: pooled housing funds
Allows a redevelopment agency to use its low- and moderate-income housing funds to pay for homeless shelters and to pool those funds with another agency for these purposes.
(Died in Senate Transportation and Housing Committee)

AB 602 (Feuer-D) Land use and planning: cause of actions
States the intent of the Legislature in enacting this bill to modify the courts opinion in Urban Habitat Program v. City of Pleasanton (2008) 164 Cal.App.4th 1561, with respect to the interpretation of Section 65009 of the Government Code, and revises and clarifies statute of limitations and remedies for specified housing-related challenges.
Vetoed

AB 702* (Salas-D) Farmworker housing: agricultural employees
Expands the definition of who may reside in farmworker housing, for the purpose of the Joe Serna Jr. Farmworker Housing Grant Program, to include any person who works on or off the farm in processing of any agricultural commodity until it is shipped for distribution.
Chapter 348, Statutes of 2010

AB 765* (Caballero-D) Principal residence: income tax
Expands usage of the Qualified Principal Residence Purchase Credit enacted as part of the 2009-10 Budget.
(Died on Senate Floor)
Similar bills were SB 37 X3 (Ashburn-R) which died at the Assembly Desk and AB 183 (Caballero-D), Chapter 12, Statutes of 2010.

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

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

AB 1011 (Jones-D) Community development: insurance: green investments
Adopts "green investment" principles for insurers with respect to the existing Community Development Investment program at the Department of Insurance.
Chapter 418, Statutes of 2010

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

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

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

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

AB 1332 (Salas-D) Military housing
Expands the property tax exemption currently provided to operators of family housing on military bases to include non-family housing, such as bachelor quarters and barracks, and strengthens existing law requirements that all property tax savings be used for the benefit of residents.
(Died in Assembly Appropriations Committee)
A similar bill was SB 1250 (Ducheny-D), Chapter 327, Statutes of 2010.

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

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

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

AB 1554 (Assembly Jobs, Economic Development, And The Economy Committee) Farmworker housing tax credit
Provides for a 15-year recapture provision for farmworker housing tax credits.
(Died on Senate Inactive File)

AB 1556 (Assembly Jobs, Economic Development, And The Economy Committee) Community development: grants
Requires grantees of Community Development Block Grant funds for local revolving loan programs to contract with approved financial intermediaries.
(Died in Assembly Appropriations Committee)

AB 1641 (Hall-D) Redevelopment: blighted areas
Establishes that public housing projects over 50-years-old are blighted if they meet the "blight" definition, and provides the requirements for redeveloping public housing projects.
Chapter 665, Statutes of 2010

AB 1716 (Torlakson-D) Land use: development fees: reimbursement
Provides that if a governing board chooses to reimburse developer fees, the reimbursement include any interest for the supplemental amount accrued during the period prior to a district receiving state funds for the construction project for which those fees were provided, as determined by the school district.
(Died in Senate Education Committee)

AB 1791 (Monning-D) Redevelopment: Fort Ord Reuse Plan: project area territory
Exempts specified territory designated in the Fort Ord Reuse Plan from being prohibited from providing direct assistance to a development, if certain conditions are met.
Vetoed

AB 1865 (Audra Strickland-R) Local Housing Trust Fund Matching Grant Program
Reduces the amount of matching grant funds an applicant for a newly-formed local housing trust fund must raise from $1 million to $500,000 to qualify for the Local Housing Trust Fund Program funded by Proposition 1C: the Housing and Emergency Trust Fund Act of 2006.
Chapter 198, Statutes of 2010

AB 1867 (Harkey-R) Land use: local planning: housing element program
Changes, for local governments, the eligibility requirements for the substantial rehabilitation of units for purposes of meeting housing element and regional housing needs assessment requirements.
Chapter 367, Statutes of 2010

AB 1875 (Fong-D) Homelessness: Interagency Council on Homelessness
Creates the California Interagency Council on Homelessness, composed of specified members and performing duties as prescribed, to construct cross-agency and community cooperation in responding to homelessness, and to identify and apply for increased federal funding to respond to homelessness.
(Died in Assembly Business, Professions and Consumer Protection Committee)

AB 1945 (Fletcher-R) Military housing: taxation
Modifies the statute that provides a possessory interest tax exemption to private contractors that construct and maintain military housing, provided the tax savings inure solely to the benefit of the military housing residents.
(Died in Assembly Revenue and Taxation Committee)

AB 2010 (Fong-D) Migrant farm labor centers
Repeals, for purposes of the Department of Housing and Community Development (HCD) authorizing an extension of a migrant farm labor center, the requirement that HCD consider whether there is adequate documentation that there is a need for residents of the migrant center to continue work in the area, as confirmed by the local entity, and adds the requirement that HCD consider, for purposes of the extension, the disruption of a child's education, if required to be relocated during the middle of a school year.
(Died in Assembly Housing and Community Development Committee)

AB 2033 (Torres-D) Homelessness: federal funding
Requires the Department of Housing and Community Development (HCD) to establish a balance of state continuum of care (COC) and apply for federal McKinney-Vento Homeless Assistance Act funds by 9/1/11. Requires HCD to notify the Legislature's housing committees of its efforts to establish a state COC by 9/30/11. Allows counties that have established COC programs to join the state COC rather than administering their own program.
(Died in Senate Appropriations Committee)

AB 2087 (Torres-D) Veterans' farm and home purchases: definition: home
Expands the definition of "home", for purposes of the CalVet Home Loan Program, to include a residence of two to four units that otherwise meets specified requirements of the federal Internal Revenue Code.
Chapter 542, Statutes of 2010

AB 2105 (Hagman-R) Land use: Subdivision Map Act
Modifies the definition of the term "subdivision" for purposes of the Subdivision Map Act by expressly exempting property separated by specified types of facilities from being considered as contiguous units. Prohibits that property from being considered as separate parcels if the parcels created are inconsistent with the general plan or specified specific plans, or create an economically unviable use.
(Died in Assembly Local Government Committee)

AB 2293* (Torres-D) Housing: construction loans
Authorizes the Department of Housing and Community Development to reserve funds for awards for the Multifamily Housing Program, Transit-Oriented Development Program, and the Joe Serna, Jr. Farmworker Grant Program that meet specified qualifications.
Vetoed

AB 2327 (Harkey-R) Affordable housing: risk retention pool
Authorizes an affordable housing entity to join with one or more affordable housing entities in an arrangement providing for the pooling of self-insured claims or losses, as specified.
Chapter 384, Statutes of 2010

AB 2362 (Skinner-D) Soft-story building seismic retrofits
Provides that when a redevelopment agency assists in seismic retrofit work within a project area, soft-story buildings fall within the category of buildings that are other than unreinforced masonry buildings and historic buildings.
Vetoed

AB 2406 (Blakeslee-R) Redevelopment: pooled housing funds
Allows redevelopment agencies in adjoining cities to pool their low- and moderate-income housing funds to construct, rehabilitate, and preserve housing for extremely low-income persons.
Chapter 209, Statutes of 2010

AB 2425 (Hagman-R) Regional housing need allocation
Exempts the City of La Habra Heights from receiving an allocation of the regional housing need during its next housing element planning period.
(Died in Assembly Housing and Community Development Committee)

AB 2516 (Hill-D) Housing accessibility: Accessible Housing Task Force
Requires the Department of Housing and Community Development to establish the Accessible Housing Task Force (Task Force) to expand the amount of housing near public transit that is accessible and habitable by people of all ages and disabilities, and requires the Task Force to produce a report of their findings and provide it to the Legislature by 6/30/12.
(Died in Assembly Appropriations Committee)

AB 2531 (Fuentes-D) Redevelopment: economic development
Gives redevelopment agencies additional authority to provide loans, loan guarantees and other financial assistance to businesses, assist nonprofits and public agencies to establish small business incubators, and clarifies the City of Los Angeles' authority to apply for and administer federal funding for economic development.
Vetoed

AB 2536 (Carter-D) Supportive housing
Allows the Department of Housing and Community Development to expend specified bond funds earmarked for the Emergency Housing Assistance Program (EHAP) either for the EHAP program or for the Supportive Housing Program.
Vetoed

AB 2651* (Knight-R) Veterans' farm and home purchases: bond acts
Establishes the "Veterans' Bond Payment Fund" within the Military and Veterans Code to pay debt service on Cal-Vet Home Loans.
Chapter 27, Statutes of 2010

AB 2701 (Eng-D) State Historical Building Code: playgrounds
Places qualified playgrounds and playground sites that have historical or cultural significance under the exclusive jurisdiction of the State Historical Building Code.
Vetoed

AB 2709 (Blumenfield-D) California Housing Finance Agency: federal loan guarantee
Authorizes the California Housing Finance Agency to utilize federal subsidies available to it to issue loan guarantees provided by the United States Department of Housing and Urban Development. Authorizes the Agency to make loan guarantees, in addition to grants, to nonprofit housing sponsors and local public entities, as specified.
(Died in Assembly Housing and Community Development Committee)

AB 2759 (Nestande-R) Redevelopment: pooled housing funds: emergency shelters
Allows redevelopment agencies to transfer up to 5% of their Low- and Moderate-Income Housing Fund to another agency to be used to develop emergency shelters or transitional housing outside of the project area where the tax increment is collected.
(Died in Assembly Housing and Community Development Committee)

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Mobilehomes

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SB 951 (Correa-D) Mobilehome Parks Act
Extends the sunset on the Mobilehome Park Maintenance Inspection Program and its related fees until 1/1/19, and makes minor changes to related reporting requirements.
Chapter 314, Statutes of 2010

SB 1047 (Correa-D) Mobilehomes: nonprofit resident-owned mobilehome park
Clarifies that the tenant provisions of the Mobilehome Residency Law apply in nonprofit resident-owned mobilehome parks to members of the nonprofit mutual benefit corporation that lease a space in the park.
Chapter 175, Statutes of 2010

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

AB 761 (Charles Calderon-D) Mobilehomes: rent control
Provides that, upon the sale, assignment, transfer, or termination, of a mobilehome tenancy in a mobilehome park, the management may increase the rent by a minimum of 20% or $100, whichever is greater (thereby permitting "partial vacancy decontrol"), as specified.
(Died in Senate Judiciary Committee)

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

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

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

AB 1803 (Nava-D) Mobilehome Residency Law Mediation Act
Creates a dispute resolution program within the Attorney General's Office to resolve disputes related to the Mobilehome Residency Law, the landlord-tenant law for mobilehome parks.
(Died in Assembly Housing and Community Development Committee)

AB 1964 (Torres-D) Mobilehome Parks Act
Extends the Department of Housing and Community Developments Mobilehome Park Maintenance Inspection Program until 1/1/19.
(Died on Senate Inactive File)

AB 2029 (Cook-R) Mobilehomes: annual registration fee
Exempts manufacture home or mobilehome households whose income is below the federal poverty level from paying annual registration fees.
(Died in Assembly Housing and Community Development Committee)

AB 2120 (Silva-R) Mobilehome parks
Requires the management in a mobilehome park prior to February 1 of each year, if a significant change was made in the Mobilehome Residency Law (MRL) by legislation enacted in the prior year, provide all homeowners with a copy of the MRL, and provide written notice to all homeowners that there has been a change to the MRL and that they may obtain a copy of the text of the law from management at no charge. Provides that management must provide the copy within a reasonable time not to exceed seven days upon request.
Chapter 90, Statutes of 2010

AB 2439 (Nestande-R) Mobilehome parks
Authorizes the management of a mobilehome park to permit a mobilehome homeowner to sublet his or her mobilehome or space, without regard to whether there is a medical emergency or need for medical treatment on the part of the homeowner, for an amount more than necessary to cover the cost of space rent, utilities, and scheduled loan payments on the mobilehome, if any, and in accordance with the reasonable rules and regulations of the park.
(Died in Assembly Housing and Community Development Committee)

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Miscellaneous

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SB 7* (Romero-D) Building Code: maximum exit access travel distance standard.
Prohibits the adoption of the 2009 International Building Code regulation reducing the maximum travel distance to an exit single-story warehouses to 250 feet, into the California Building Code.
(Died in Assembly Rules Committee)

SB 183 (Lowenthal-D) Residential building safety
Enacts the Carbon Monoxide Poisoning Prevention Act of 2009 requiring all existing dwellings, completed or occupied by 1/1/10, intended for human occupancy that have a fossil fuel burning appliance, a fireplace, or an attached garage to install a carbon monoxide device.
Chapter 19, Statutes of 2010

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

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

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

SB 518 (Lowenthal-D) Building standards: graywater
Requires the California Building Standards Commission (CBSC), at its next triennial building standards rule-making cycle commencing on or after 1/1/11, to adopt nonresidential building standards for the construction, installation, and alteration of graywater systems, and provides that CBSC's adoption of graywater nonresidential building standards relieves the Department of Water Resources of its existing responsibility to adopt such standards.
Chapter 622, Statutes of 2010

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

SB 782 (Yee-D) Residential tenancies: domestic violence
Prohibits a landlord from terminating a tenancy based upon an act or acts of domestic violence, sexual assault, or stalking against the tenant or tenant's household member, if the act or acts can be appropriately documented and the perpetrator is not a tenant of the same dwelling unit as the tenant. Permits a tenant to change locks of the dwelling unit, or request the landlord to do so, as specified, if the tenant has a restraining order against another person based on that other person's acts of domestic violence, sexual assault, or stalking against the tenant.
Chapter 626, Statutes of 2010

SB 913* (Calderon-D) Income tax: credit: purchase: principal residence
Limits the existing personal income tax credit to taxpayers who purchased a qualified principal residence on and after 3/1/09, and before 7/1/09, and on and after the effective date of this bill and before 7/1/10. Increases the aggregate amount of credits that may be allowed by requiring the aggregate limitation of $100,000,000 in credits to be reduced by only 70% of the credit amount allocated under each certification received by the Franchise Tax Board. Authorizes a credit in an amount equal to the lesser of 5% of the purchase price or $10,000 in the case of the purchase of a qualified principal residence on and after the date upon which all tax credits have been allocated under the previous tax credit and before 1/1/11, but not to exceed an aggregate limitation of $200,000,000 for all credits allowable under this tax credit.
(Died in Senate Revenue and Taxation Committee)

SB 996 (Lowenthal-D) Property tax: welfare exemptions: rental housing
Refunds property taxes previously paid on specified low-income housing rental properties that were granted a "welfare exemption" from property taxation pursuant to recent special legislation.
(Died in Senate Appropriations Committee)

SB 1123 (Negrete McLeod-D) Real Estate Fund
Requires licensing fees for licensees of the Department of Real Estate to be reduced to 1982 levels if funds are transferred or loaned from the Real Estate Fund to any special fund, as specified.
(Died in Senate Appropriations Committee)

SB 1128 (DeSaulnier-D) Common interest developments: governance
Allows a non-profit entity providing services to a common interest development under a declaration of trust to collect an assessment fee from purchasers during a transfer of title, and also provides that a non-profit entity is subject to the open records provisions of the Davis-Stirling Act.
Chapter 322, Statutes of 2010

SB 1207 (Kehoe-D) Land use: general plan: safety element: fire hazard impacts
Requires the Office of Planning and Research to update its general plan advice document relating to fire hazards and its California Environmental Quality Act guidelines to address wildfire risks. Requires, beginning in 2015, some cities and counties to update the safety element of their general plans to address risks of wildfire.
Vetoed

SB 1252 (Corbett-D) Housing: discrimination
Amends the Fair Employment and Housing Act (FEHA) to make technical revisions to several provisions pertaining to housing discrimination. Specifically, amends FEHA's civil penalty caps to conform with those imposed in violation of the federal Fair Housing Amendments Act, makes technical revisions to consistently include "source of income" as a characteristic which is protected from housing discrimination, and clarifies that admission preferences based on age, imposed in connection with a federally-approved housing program, do not constitute age discrimination in housing.
Chapter 524, Statutes of 2010

SB 1258* (Kehoe-D) Property insurance surcharge: emergency services
Imposes a 4.8% surcharge on fire or multi-peril insurance policies to fund state and local emergency response activities, and specifies that 31.3% of collected revenues will be provided to local fire departments that participate in the state's mutual aid system.
(Died in Senate Appropriations Committee)

SB 1319 (Pavley-D) Subdivisions: parcel merger: renewable energy facilities
Provides that specified provisions of the Subdivision Map Act do not prohibit a landowner, local agency, or renewable energy corporation from seeking financial assistance from the state to help defray the costs of merging parcels.
Chapter 492, Statutes of 2010

SB 1416* (Walters-R) Principal residence: capital gains
Exempts from the definition of "gross income" any gain from the sale of a principal residence for taxpayers over the age of 65.
(Died in Senate Revenue and Taxation Committee)

SB 1430* (Walters-R) Homeowners' property tax exemption
Increases the amount of the homeowners' exemption from $7,000 to $27,000 for taxpayers over the age of 62 commencing in the 2011-12 fiscal year, and increases the exemption amount to provide a cost of living adjustment based on the annual change in the California Consumer Price Index for these taxpayers. Increases the renters tax credits to $75 (single) and $151 (married filing jointly, head of household) for taxpayers over the age of 62, effective in the 2010 taxable year.
(Died in Senate Revenue and Taxation Committee)

SCR 90 (Lowenthal-D) Affordable housing: in-home Internet service accessibility
Encourages state and local multifamily housing lending agencies to align their policies on the provision of free Internet access with those of the Tax Credit Allocation.
(Died at Assembly Desk)

SJR 20 (Alquist-D) Sale of principal residence: senior citizens
Urges the Congress and the President of the United States to enact legislation that increases the amount of capital gain that a senior citizen 65 years of age and older and who pays for long-term care costs is allowed to exclude from income, form $250,000 to $500,000, and from $500,000 to $750,000 for joint returns from the sale of the qualifying principal residence of the senior citizen.
Resolution Chapter 57, Statutes of 2010

AB 157* (Anderson-R) Property taxation: transfer of base year value: disasters
Allows the County of San Diego to extend, by two years, the time period for transferring the base year value of property substantially damaged or destroyed by the Cedar Fire that began in October 2003.
Chapter 341, Statutes of 2010

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

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

AB 300 (Caballero-D) Subdivisions: water supply
Requires that the water supply assessments mandated by existing law be based on the anticipated water demand for the project, given planned water demand reduction actions contained in an adopted urban water management plan and current statutory, regulatory, and local ordinance requirements, reduced by the amount of voluntary demand management measures.
(Died in Senate Natural Resources Committee)

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

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

AB 505 (Furutani-D) Housing: sex offenders
Provides that a parolee required to register as a sex offender may not reside in multi-family housing in a unit with another registered sex offender, unless legally related by blood, marriage, or adoption. Provides that a parolee required to register as a sex offender may not reside in a hotel or motel room with any other registered sex offender, unless legally related by blood, marriage, or adoption.
(Died in Assembly Appropriations Committee)

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

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

AB 1171 (Ammiano-D) Rental property: public entity restriction
Specifies that the rent control system of a public entity may require that the one-year extension applies to all tenancies in the applicable accommodations if a tenant or lessee who is at least 62 years of age or disabled has lived in the accommodations for at least one year prior to the delivery of notice to a public entity and gives the required 60-day notice to the owner. Defines, for the purposes of the Ellis Act, "to go out of business" to mean to discontinue in the business or occupation of being a landlord.
(Died in Assembly Housing and Community Development Committee)

AB 1607 (Knight-R) Public housing authority program: fraud
Allows the housing authority to require any application or document filed with the public housing authority to be signed and submitted under penalty of perjury, which is punishable by two, three, or four years in the state prison.
(Failed passage in Assembly Public Safety Committee)

AB 1693 (Ma-D) Building standards: code adoption cycle
Requires the California Building Standards Commission to consider building standards proposed by state agencies at 18-month intervals, as opposed to annual intervals.
Chapter 145, Statutes of 2010

AB 1720 (Galgiani-D) Housing: Buyer's Choice Act
Amends the Buyer's Choice Act to add short sales, requires sellers to provide a specific disclosure form to borrowers to describe their rights under the Act, and prescribes specific actions which must be taken by buyers and sellers in specific circumstances.
(Died in Senate Banking, Finance and Insurance Committee)

AB 1726 (Swanson-D) Common interest developments: ballots: quorums
Allows for a reduction in the quorum requirement needed to approve an election for the board of directors in a common interest development (CID), subject to referendum by the members of a CID.
Vetoed

AB 1755 (Swanson-D) Seismic Safety Finance Act
Adds seismic strengthening improvements that are permanently fixed to residential, commercial, industrial, agricultural, or other real property to the list of improvements that local agencies can finance using "voluntary contractual assessments." States the Legislature's intent that a property owner cannot participate in a voluntary contractual assessment program if participation would result in the total amount of any annual property taxes and assessments exceeding 5% of the property's market value.
Vetoed

AB 1762 (Hayashi-D) Real estate
Redefines "advance fee" to exclude fees charged or collected for advertising or promotion, for referral fees to other real estate brokers or salespersons in connection with mortgage loan origination, or fees associated with prepaid rental listings.
Chapter 85, Statutes of 2010

AB 1793 (Saldana-D) Common interest developments: artificial turf
Prohibits a common interest development from enforcing any provision of its governing documents that prohibits or has the effect of prohibiting the use of artificial turf or any other synthetic surface that resembles grass.
Vetoed

AB 1796 (Hall-D) Appraisal management companies
Requires Office of Real Estate Appraisers to include in its next set of adopted regulations guidance regarding 1) assignment of out-of-area real estate appraisers by appraisal management companies (AMCs), 2) AMC's role in the timeliness and accuracy of employed or retained appraisers' work product, 3) conflict of interests, and 4) AMC's policy maintenance ensuring compliance with specified requirements to guarantee an unbiased and accurate appraisal.
(Died in Assembly Business, Professions and Consumer Protection Committee)

AB 1800 (Ma-D) Unlawful rental of residential dwelling: penalties
Increases the penalty from a misdemeanor with a maximum jail term of six months and a maximum fine of $1,000, to a maximum of one year jail and a fine of up to $2,500, for purporting to rent a residential dwelling to another person under circumstances where the defendant did not have the consent of the owner or the owner's agent, states that prosecution for this act can proceed under any other applicable provision, and states findings that such prosecutions have never been prohibited.
Chapter 580, Statutes of 2010

AB 1806* (Hagman-R) Sale of principal residence: surviving spouse
Allows, by reference to Federal Internal Revenue Code Section 121(b)(4), a surviving spouse to exclude from gross income up to $500,000 (instead of $250,000) of the gain from the sale or exchange of the principal residence owned jointly with a deceased spouse, provided that the sale or exchange occurs within two years of the death of the spouse. Requires the surviving spouse to be an unmarried individual, and specifies that all of the special ownership and use requirements otherwise applicable to married couples filing a joint tax return must be met.
(Died in Assembly Revenue and Taxation Committee)

AB 1809 (Smyth-R) Home inspections: energy audits
Provides that a home inspector may perform a home inspection that includes a Home Energy Rating System (HERS) home energy audit, as defined in current regulations of the California Energy Commission (CEC) which implement the California HERS Program. Requires the HERS report which accompanies any home inspection report to comply with the standards and requirements established by the CEC pursuant to regulations adopted to implement the HERS Program.
Chapter 453, Statutes of 2010

AB 1927 (Knight-R) Real property: common interest developments
Requires, after 1/1/11, the membership of a common interest development (CID) to vote on changes to the governing documents that prohibit the rental or lease of a separate interest in a CID. Makes the vote subject to the voting requirements in the governing documents of a CID.
Vetoed

AB 1948 (Knight-R) Property taxation: disabled veterans' exemption
Extends the time period the claimant has to subsequently file an appropriate claim from 30 days to 90 days of receipt of the disability rating from the United State Department of Veteran Affairs.
(Died in Assembly Revenue and Taxation Committee)

AB 1975 (Fong-D) Building standards: water charges and meters
Requires the Department of Housing and Community Development (HCD) to adopt building standards requiring the installation of individual water meters or submeters in newly constructed multi-unit residential buildings, requires the HCD to convene a stakeholder group to make recommendations regarding procedures for billing occupants of rental housing units for water use by building owners, and requires water suppliers to determine whether the installation of individual water meters or submeters is required for new connections to multi-unit residential buildings.
(Died in Senate Appropriations Committee)

AB 2001 (Harkey-R) Building standards: Department of Public Health
Transfers responsibility for adopting regulations related to building standards for health facilities from the Department of Public Health to the California Building Standards Commission, as specified.
Chapter 246, Statutes of 2010

AB 2014* (Torrico-D) Income taxes: credits: energy efficient homes
Establishes a pilot program for the counties of Alameda, Contra Costa, San Mateo, and Santa Clara, whereby homeowners can claim a credit against their income taxes for energy efficiency improvements on their principal residence.
(Died in Assembly Appropriations Committee)

AB 2016 (Torres-D) Common interest developments: notices of default
Allows a homeowner's association (HOA) to record one notice with a county recorder against all properties with a trustee's deed upon sale in a common interest development. Provides that a request by HOAs for notification of a trustee's deed upon sale does not constitute a request for a document that either effects or evidences a transfer of encumbrance of an interest in real property or that releases or terminates any interest, right or encumbrance of an interest in real property.
Chapter 133, Statutes of 2010

AB 2022 (Gaines-R) Property insurance: residential disclosure
Revises the disclosure notice required to be provided to homeowners by insurers so it is shorter, easier to read, and to make it easier for the homeowner to review the adequacy of his or her coverage in the event of a loss or a major catastrophe.
Chapter 589, Statutes of 2010

AB 2264 (De Leon-D) Homeless youth: debt collection
Prohibits courts from garnishing the wages or levying against bank accounts of a person under 25 years of age who has not paid a ticket for truancy, loitering, curfew violations or illegal lodging where, in the course of its routine efforts to collect fines, the court obtains information indicating that person is homeless, as specified.
Vetoed

AB 2267 (Eng-D) Housing: contractors: license requirements: bond
Reduces the maximum amount a material supplier can recover through a contractor's license bond (CLB) from $7,500 to $4,000, and increases the maximum recovery limit a property owner contracting for single-family dwelling construction can recover through a CLB from $7,500 to $12,500, as specified.
(Died in Assembly Business, Professions and Consumer Protection Committee)

AB 2288 (Blakeslee-R) Real estate brokers: hard money lending
Requires an issuer engaging in hard money lending to (1) maintain records for three years of copies of all listings, deposit receipts, canceled checks, trust records, and other documents executed by him or her or obtained by him or her in connection with any transactions as required, (2) establish a contractual agreement with person whom the issuer sells a limited or general partnership, limited liability company, limited liability partnership trust, joint venture, unincorporated association, or similar organization formed and operated for the primary purpose of investing in mortgage loans, and (3) maintain a surety bond with specific criteria.
(Died in Assembly Banking and Finance Committee)

AB 2301 (Logue-R) Real property: fire protection: public lands
Authorizes each "state public land agency" to establish a permitting process to potentially allow right of entry on to public lands to a person seeking to maintain defensible space around that person's property.
(Died in Senate Natural Resources and Water Committee)

AB 2305 (Knight-R) Contractors: workers' compensation insurance coverage
Extends the sunset date, from 1/1/11 to 1/1/13, on existing law requiring a roofing contractor to obtain and maintain workers' compensation insurance, even if he/she has no employees, extends the parallel sunset date requiring the California Department of Insurance to report on this effect, and requires automatic license suspension for licensees without proof of insurance, as specified.
Chapter 423, Statutes of 2010

AB 2314 (Block-D) Property tax exemption: disabled veterans: procedure
Extends the time period for a disabled veteran, who has not yet received a disability rating from the United States Department of Veterans Affairs (USDVA), to file a property tax exemption claim, and deletes a requirement for the disabled veteran to have a "pending" application with the USDVA.
Chapter 150, Statutes of 2010

AB 2332 (Eng-D) Contractors: licenses
Authorizes the Contractors State License Board to suspend or deny a contractor license to a licensee who fails to resolve tax liabilities assessed by the Board of Equalization.
Vetoed

AB 2362 (Skinner-D) Redevelopment funds: soft-story building seismic retrofits
Provides that when a redevelopment agency assists in seismic retrofit work within a project area, soft story buildings fall within the category of buildings that are eligible for seismic retrofits.
Vetoed

AB 2419 (Cook-R) Contractors
Renames the Contractors' State License Law the "Contractors State License Law," and renames the Contractors' State License Board the "Contractors State License Board," and revises and renames contractor classification titles to conform with current usage.
Vetoed

AB 2472 (Huffman-D) Building standards: pilot program
Authorizes Marin County, and an unspecified local jurisdiction, to adopt a pilot program for green innovation building permits to promote and facilitate innovation and research regarding environmentally sustainable building materials, methods, and designs not yet considered or addressed in the California Building Standards Code.
(Died in Assembly Business, Professions and Consumer Protection Committee)

AB 2492* (Ammiano-D) Property taxation: change in ownership
Provides for a "change-of-ownership" reassessment of property taxes when 100% of the ownership interest in a corporation, limited liability company, partnership, or other legal entity holding the property is sold or transferred in a single transaction or in multiple transactions occurring over a period of up to three years.
(Died on Assembly Floor)

AB 2502 (Brownley-D) Homeowners' associations: delinquencies
Requires any payment made by an owner of a separate interest in a common interest development toward a delinquent assessment to be applied first to the assessment owed whether the payment is made to the homeowners association (HOA) or an agent of the HOA assigned to collect the unpaid debt.
(Died in Assembly Judiciary Committee)

AB 2508 (Caballero-D) Housing: Infill Incentive Grant Program of 2007
Allows a city of greater than 100,000 in population in a metropolitan statistical area of less than two million in population to petition the Department of Housing and Community Development for an exception to its jurisdictional classification for purposes of the Infill Infrastructure Grant Program if the city believes that it is unable to meet the related minimum housing density requirements.
Chapter 390, Statutes of 2010

AB 2701 (Eng-D) State Historical Building Code: playgrounds
Places qualified playgrounds and playground sites that have historical or cultural significance under the exclusive jurisdiction of the State Historical Building Code.
Vetoed

AB 2706 (Bonnie Lowenthal-D) Homeless persons: civil rights
Specifically adds homeless persons, as defined, to the list of individuals protected from violence and intimidation under the Ralph Civil Rights Act, thereby providing civil remedies to homeless persons who are injured as a result of such violence.
Vetoed

AB 2735* (De Leon-D) Property taxation: change in ownership: exclusion
Excludes from property tax reassessment a transfer of co-tenancy interest in a principal residence if the principal residence was owned by two individuals and was transferred to one of those individuals upon the death of the other, with the survivor obtaining sole ownership of that property.
(Died in Assembly Appropriations Committee)

AB 2743 (Nava-D) Real property: rentals: animals
Prohibits landlords from imposing conditions on occupancy of real property that might cause an animal that is allowed on the premises to be devocalized or declawed.
Vetoed

AB 2762 (Assembly Housing And Community Development Committee) Housing and community development: housing omnibus bill
Makes technical and non-controversial changes to various sections of the law dealing with housing.
Chapter 601, Statutes of 2010

AB 2767 (Assembly Judiciary Committee) Homestead exemption: civil law omnibus bill
Enacts assorted changes in various provisions of law. Among other things, corrects a drafting error relating to a Judicial Council report on homestead exemptions.
Chapter 212, Statutes of 2010

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Mortgage/Foreclosure Reform

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

SB 401 (Wolk-D) Mortgage debt: income tax
Among other provisions, extends through 2012, provisions allowing taxpayers to exclude from income the amount of mortgage debt on their principal residence that has been discharged by a lender (for example, through a "short sale"). Increases the amount of debt that can be excluded from $250,000 to $500,000
Chapter 14, Statutes of 2010

SB 660 (Wolk-D) Reverse mortgages
Provides that any lender, broker, person or entity who recommends the purchase of a reverse mortgage owes the borrower a duty of honesty, good faith, and fair dealing.
(Died in Assembly Banking and Finance Committee)

SB 931 (Ducheny-D) Mortgages: deficiency judgments
Provides that in the case of a short sale on residential real property, the holder of the first mortgage or deed of trust shall fully discharge any remaining borrower's indebtedness following the sale when the sale has been agreed to in writing. Specifies that nothing shall limit the ability of the holder of the first deed of trust or first mortgage to seek damages, or use existing rights or remedies in those cases where the homeowner has committed fraud or waste in connection with the sale of the real property.
Chapter 701, Statutes of 2010

SB 1000 (Correa-D) Mortgages and deeds of trust: portable appraisals
Allows for the portability of appraisals between loan applications for mortgages on owner-occupied, residential real property, as specified.
(Died in Senate Baking, Finance and Insurance Committee)

SB 1137 (Senate Banking, Finance And Insurance Committee) Mortgage lending
Makes several technical changes to the statutes enacted to conform to the requirements of the Secure and Fair Enforcement for Mortgage Licensing Act of 2008, and provides that a California Finance Lender that employs one or more mortgage loan originators and that arranges but does not make residential mortgage loans, shall continuously maintain a minimum net worth of least $50,000.
Chapter 287, Statutes of 2010

SB 1149 (Corbett-D) Residential tenancies: foreclosure
Prohibits the release of court records in a foreclosure-related eviction unless the plaintiff landlord prevails, as specified, and requires that a prescribed cover sheet, notifying a tenant of his/her rights and responsibilities, be attached to any eviction notice that is served within one year after a foreclosure.
Chapter 641, Statutes of 2010

SB 1178 (Corbett-D) Real property: deficiency judgments
Reforms deficiency judgment law to protect the many homeowners who accepted lender offers to refinance their mortgages. Provides that longstanding deficiency judgment protections for a loan used to pay all or part of the purchase price of real property or an estate for years includes subsequent loans, mortgages, or deeds of trust that refinance or modify the original loan to the extent that the subsequent loan was used to pay debt incurred to purchase the real property.
Vetoed

SB 1221 (Calderon-D) Mortgages: notice of sale
Permits a mortgagee, trustee, or other person authorized to take sale to file a notice of sale up to five days before the lapse of the three-month period provided that the date of sale is no earlier than three months and 20 days after the filing of the notice of default.
Chapter 180, Statutes of 2010

SB 1223 (Calderon-D) Escrow agents
Requires, with regard to an auction sale of real property that has been the subject of a foreclosure sale, an escrow agent to give back all deposits and fees to a bidder once the escrow agent receives escrow instructions from the auctioneer or auction company directing the return of such funds. Applies to all escrow agents, including those required to be licensed pursuant to the Escrow Law and those granted exemptions from licensure under the Escrow Law, and requires the surety or sureties of a bond established by an escrow agent to give notice to the Insurance Commissioner and to Fidelity Corporation of any release, substitution, cancellation, withdrawal, or nonrenewal of a bond.
Vetoed

SB 1275 (Leno-D) Mortgages: foreclosures
Creates a series of declarations and compliance systems required of mortgage loan servicers for particular loans before initiation of the foreclosure process.
(Died on Assembly Floor)

SB 1363 (Runner-R) Escrow agents
Requires new escrow licensees, escrow managers, or any other person determined by the Commissioner of the Department of Corporations (DOC) within 12 months of receiving their license, to complete a course in escrow management conducted by DOC.
Vetoed

SB 1427 (Price-D) Foreclosures: property maintenance
Provides that prior to imposing a fine or penalty for failure to maintain a vacant foreclosed property that is subject to a notice of default, or that has been purchased at a foreclosure sale or acquired through foreclosure under a mortgage or deed of trust, a governmental entity shall provide the owner of that property with a notice of violation and an opportunity to correct the violation. Provides that an assessment or lien to recover the costs of nuisance abatement measures taken by a governmental entity with regard to a property that is subject to a notice of default, or that has been purchased at a foreclosure sale or acquired through foreclosure under a mortgage or deed of trust, shall not exceed the actual and reasonable costs of nuisance abatement.
Chapter 527, Statutes of 2010

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

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

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

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

AB 1011 (Jones-D) Insurance: green investments
Requires the Department of Insurance to specifically collect data from insurers and to share it on its Web site related to the aggregate amount of insurer investments in green investments as part of their community development and community development infrastructure.
Chapter 418, Statutes of 2010

AB 1029* (Blumenfield-D) Taxation: property tax postponement
Re-establishes and modifies the Senior Citizens and Disabled Citizens Property Tax Postponement program, which was suspended indefinitely in the 2009-10 budget.
(Died in Assembly Appropriations Committee)

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

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

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

AB 1639 (Nava-D) Facilitated Mortgage Workout Program
Establishes a facilitated Mortgage Workout Program for borrowers facing foreclosure whereby a borrower could request to participate in conciliation sessions with their lender to examine mortgage loan modification options or foreclosure alternatives.
(Died on Assembly Inactive File)

AB 1779* (Niello-R) Mortgage debt forgiveness
Allows a solvent individual taxpayer to exclude from his/her gross income an amount of qualified principal residence indebtedness, up to $2 million, discharged by the lender on or after 1/1/09 and before 1/1/13, in full conformity with the federal income tax law.
(Died in Assembly Revenue and Taxation Committee)

AB 2024 (Blumenfield-D) Loan modification
Provides that any lender or servicer that rejects a loan modification request shall respond to the borrower making the request within seven days via certified mail with the specific reasons why the request was rejected. Additionally requires that the response must comply with certain language translation requirements.
(Died in Assembly Banking and Finance Committee)

AB 2043 (Torrico-D) Redevelopment funds: mortgage assistance
Creates a five-year program to allow a redevelopment agency to issue subordinate loans using the non-Low- & Moderate-Income Housing Funds for qualified homeowners to prevent foreclosure inside or outside a project area.
(Died in Assembly Appropriations Committee)

AB 2189 (Ma-D) Contracts: translations
Specifies that existing law which requires, beginning on 7/1/10, or 90 days after issuance of a form, as provided, whichever occurs later, a supervised financial organization, as defined, that negotiates specified contracts or agreements primarily in the languages of Spanish, Chinese, Tagalog, Vietnamese, or Korean in the course of entering into a contract or agreement for a loan or extension of credit secured by residential real property, to deliver, prior to the execution of the contract or agreement, and no later than three business days after receiving the written application, a specified form in that language summarizing the terms of the contract or agreement, as specified, apply to loan modification agreements.
(Died in Assembly Banking and Finance Committee)

AB 2236 (Monning-D) Mortgages: notices to the borrower
Requires a mortgagee, trustee, beneficiary, or an authorized agent of that person, to include on all notices informing a borrower that he/she has either failed to make a required minimum payment or failed to make a payment when due, the name and the contact information, including the address and telephone number, of the mortgagee, trustee, beneficiary, or authorized agent who has the authority pursuant to state and federal law to modify the terms and conditions of the borrower's loan.
(Died in Assembly Banking and Finance Committee)

AB 2288 (Blakeslee-R) Issuers of securities: real estate brokers
Requires an issuer engaging in hard money lending to (1) maintain records for three years of copies of all listings, deposit receipts, canceled checks, trust records, and other documents executed by him or her or obtained by him or her in connection with any transactions as required, (2) establish a contractual agreement with person whom the issuer sells a limited or general partnership, limited liability company, limited liability partnership trust, joint venture, unincorporated association, or similar organization formed and operated for the primary purpose of investing in mortgage loans, and (3) maintain a surety bond with specific criteria.
(Died in Assembly Banking and Finance Committee)

AB 2291 (Fletcher-R) Mortgages: impound accounts
Includes insurance proceeds received by the lender for payment for repairs or rebuilding of the property after a catastrophic loss to existing law requiring financial institutions that make specified mortgage loans to pay at least 2% interest on amounts received in advance for payment of taxes and assessments on the property, insurance, or other purposes related to the property.
(Died in Assembly Banking and Finance Committee)

AB 2325 (Lieu-D) Mortgage foreclosure consultants: loan audits
Adds the audit of any obligation secured by a lien on a residence in foreclosure to the definition of services that a foreclosure consultant performs, thus, adding individuals who perform forensic loan audits to the foreclosure consultant law, as specified.
Chapter 596, Statutes of 2010

AB 2347 (Feuer-D) Mortgage defaults: secondary public financing
Provides that if a property contains five or more dwelling units and a public entity is a party of a recorded deed restriction or is a party to a recorded rent regulatory agreement on the property, the public entity may, by written notice to the trustee, postpone the sale date by no more than 60 days.
Chapter 597, Statutes of 2010

AB 2653 (Beall-D) Residential property: transfer of mortgage
Provides that when the ownership of a mortgage or deed of trust on residential real property is transferred to another person, that person shall provide, upon request of the borrower, the price paid for the indebtedness, and provides that these provisions apply to real property purchased on or after 1/1/05.
(Died in Assembly Banking and Finance Committee)

AB 2678 (Fuentes-D) Mortgages: Notice of sale
Prohibits a mortgagee, trustee, beneficiary, or authorized agent from giving notice of sale if the mortgagee, trustee, beneficiary, or authorized agent is currently in negotiations to modify the existing loan, and provides that if sale proceedings have been postponed, the borrower shall receive a new notification of the notice of sale before the date of the actual sale.
(Died in Assembly Banking and Finance Committee)

AB 2X2 (Lieu-D) Lending
Authorizes the Real Estate Commissioner to suspend or revoke, or to deny issuance of a real estate license, upon a violation of specified federal lending laws or regulations.
(Died in Assembly being unassigned to a committee)

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

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