Housing

Finance and Development
Mobilehomes/Manufactured Housing
Mortgages/Foreclosures
Common Interest Developments
Miscellaneous

Finance and Development

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SB 77 (Senate Budget And Fiscal Review Committee) Community redevelopment

Eliminates redevelopment agencies (RDAs) and specifies a process for the orderly wind-down of RDA activities, including completion of some mid-phase projects. Directs the property tax otherwise available to the RDAs to instead continue "pass-through payments" to schools and other local governments.
(On Assembly Inactive File)

SB 123 (Liu-D) California Runaway, Homeless, and Exploited Youth Act

Requires the California Emergency Management Agency, subject to the availability of adequate resources, to develop a statewide plan for runaway, homeless, and exploited youth in collaboration with the Senate Office of Research and various stakeholders.
(In Senate Appropriations Committee)

SB 184 (Leno-D) Land use: zoning regulations

Expressly authorizes a county or city under the Planning and Zoning Law to establish as a condition of development inclusionary housing requirements, which may require the provision of affordable residential units for low-, very low-, or extremely low-income owners or tenants. Declares the intent of the Legislature to supersede any holding or dicta in Palmer v. City of Los Angeles that conflicts with this authority.
(On Senate Inactive File)

SB 244 (Wolk-D) Land use: local: general plans

Requires local agencies to plan for specified disadvantaged communities through the local agency formation commission planning process and general plan updates.
Chapter 513, Statutes of 2011

SB 286 (Wright-D) Redevelopment

Imposes new requirements on a redevelopment agency with respect to implementation plans and evidentiary standards and expands existing prohibitions on agency direct assistance to certain projects. Requires the State Controller, on or before 1/1/13, to issue regulations revising and consolidating reporting for redevelopment agencies and to develop a simple, uniform, and consistent methodology for the calculation, payment, and reporting of passthrough payments.
(In Senate Governance and Finance Committee)

SB 450 (Lowenthal-D) Redevelopment

Reforms how redevelopment agencies spend their Low and Moderate Income Housing Funds.
Vetoed

SB 499* (Huff-R) Redevelopment: tax increment calculations

Requires that calculations of a redevelopment agency's payments calculated on property tax increment revenues must be based on the lesser of either the property tax increment revenues allocated and paid to the agency, or the amount of taxes actually received by the agency pursuant to limits in the redevelopment plan.
(In Senate Appropriations Committee)

SB 8X1 (Senate Budget And Fiscal Review Committee) Redevelopment

Grants additional flexibility to redevelopment agencies (RDAs) and cities and counties to make annual payments, but also maintain the anticipated General Fund budget solution in 2011-12. Adds protection for low- and moderate-income housing (low-mod) funds by specifying in the case of an eliminated RDA, that existing balances are retained for low-mod purposes and affordability covenants are retained.
Vetoed

SB 13X1 (Senate Budget And Fiscal Review Committee) Alternative voluntary redevelopment program

Provides for an appeal of the amount or payment schedule of the community remittance calculated by the Director of the Department of Finance for participation in the Alternative Voluntary Redevelopment Program, based on financial, fiscal and economic criteria that show the payment would place a significant and detrimental requirement on the city or county (community). Allows communities that wish to participate in the Alternative Voluntary Redevelopment Program to appeal by 11/1/11, for an adjustment of their calculated community remittance amount, as specified.
(Died on Senate Unfinished Business File)

SB 14X1 (Senate Budget And Fiscal Review Committee) Community redevelopment

Revises the provisions of law authorizing an action to be brought against a redevelopment agency to determine or review the validity of specified agency actions. Suspends various agency activities and prohibits agencies from incurring indebtedness commencing on the effective date of this bill. Effective 10/1/11, dissolves all redevelopment agencies and community development agencies in existence and designate successor agencies, as defined, as successor entities.
(Died at Assembly Desk)

SB 15X1 (Senate Budget And Fiscal Review Committee) Voluntary Alternative Redevelopment Program

Establishes a voluntary alternative redevelopment program whereby a redevelopment agency would be authorized to continue to exist upon the enactment of an ordinance by the community to comply with the bill's provisions. Requires the city or county that created a redevelopment agency to notify the county auditor-controller, the State Controller, and the Department of Finance on or before 11/1/11, that the community will comply with the bill's provisions. Requires a participating city or county to make specified remittances to the county auditor-controller, who shall allocate the remittances for deposit into a Special District Allocation Fund, for specified allocation to certain special districts, and into to a county Educational Revenue Augmentation Fund, as prescribed.
(Died at Assembly Desk)

SB 24X1* (Wright-D) Redevelopment

Authorizes a redevelopment agency to make a voluntary payment to local educational agencies, as defined, from property tax revenues allocated pursuant to a specified provision of existing law for the 2011-12 fiscal year, in an amount as prescribed. Authorizes an agency electing to make the voluntary payment to amend and extend specified redevelopment plan time limitations, as prescribed.
(Died in Senate Rules Committee)

SB 30X1* (Alquist-D) Community redevelopment

Authorizes a redevelopment agency, for purposes of certain bonds secured with a credit enhancement issued by a third-party credit provider, to seek an extension of the credit enhancement or to modify or amend the terms of existing agreements with the credit provider to avoid or delay the incurrence of certain types of reimbursement obligations, and authorizes a redevelopment agency to issue Emergency Refunding Bonds in specified situations relating to lines of credit obtained from a financial institution.
(Died in Senate Governance and Finance Committee)

AB 14 (Wieckowski-D) Redevelopment: Fremont Redevelopment Agency

Requires the county assessor of the County of Alameda to review the assessed value of the taxable properties in the project area encompassing or surrounding the New United Motor Manufacturing, Inc. automobile manufacturing plant and the Warm Springs Bay Area Rapid Transit station prior to the effective date of the ordinance adopted by the Fremont Redevelopment Agency for purposes of establishing the assessment roll to be used in connection with the taxation of the subject properties.
(In Assembly Housing and Community Development Committee)

AB 147 (Dickinson-D) Housing: subdivisions

Authorizes a local ordinance to require the payment of a fee subject to the Mitigation Fee Act, as a condition of approval of a final map or as a condition of issuing a building permit for purposes of defraying the actual or estimated cost of constructing other transportation facilities.
Chapter 228, Statutes of 2011

AB 208* (Fuentes-D) Land use: subdivision maps: expiration dates

Extends by 24 months the expiration date of any tentative map, vesting tentative map or parcel map for which a tentative map or tentative vesting map has been approved that has not expired when this bill becomes effective and that will expire before 1/1/14. Also extends the expiration date by 24 months for any legislative, administrative or other approval by a state agency relating to a development project included in a map that is extended.
Chapter 88, Statutes of 2011

AB 221 (Carter-D) Housing and Emergency Shelter Trust Fund Acts

Allows the Department of Housing and Community Development to expend bond funds earmarked for the Emergency Housing Assistance Program (EHAP) either for EHAP or for the Supportive Housing Program.
Chapter 541, Statutes of 2011

AB 264 (Hagman-R) Transitional housing

Requires operators of transitional housing to notify the city or county and residents within 300 feet of the property when a transitional housing facility will be established so that the city or county and residents have specified knowledge about the transitional housing facility.
(In Assembly Housing and Community Development Committee)

AB 296 (Skinner-D) Building standards: cool pavement

Requires the Department of Transportation to publish or post on its Web site a Cool Pavements Handbook by 1/1/14, conduct one or more cool pavement pilot projects by 1/1/15, and report to the Legislature by 1/1/18 on the results of the pilot project and the costs and benefits associated with various pavement options.
(In Senate Appropriations Committee)

AB 330 (Norby-R) Redevelopment: local agencies

Establishes a specified procedure by which the Department of Housing and Community Development, the Attorney General, and the courts would handle major audit violations of redevelopment agencies. Authorizes the State Controller to conduct quality control reviews of independent financial audit reports to the extent it is feasible to do so within existing budgetary resources, and refer suspected violations to the Board of Accountancy, as provided.
(In Assembly Housing and Community Development Committee)

AB 343 (Atkins-D) Redevelopment plans: environmental goals

Requires each redevelopment plan to be consistent with the regional sustainable communities strategy or alternative planning strategy adopted by the metropolitan planning organization or council of government.
(In Senate Governance and Finance Committee)

AB 445 (Carter-D) Redevelopment

Requires, notwithstanding anticipated proposed legislation, that a redevelopment agency shall continue in full force and effect with respect to a military base reuse project under the jurisdiction of that agency, as specified.
(In Assembly Housing and Community Development Committee)

AB 483 (Torres-D) Housing finance

Redefines the target population that may occupy supportive housing units as persons, including persons with disabilities, and families that meet the federal definition of "homeless" or the state definition of "homeless youth." Requires each development receiving Supportive Housing Program funds to set aside at least 40% of units for chronically homeless persons; homeless youth; and individuals exiting institutional settings (e.g., jails, hospitals, prisons, and institutes of mental disease), who were homeless when entering the institutional setting, who have a disability, and who resided in that setting for a period of not less than 15 days.
Chapter 275, Statutes of 2011

AB 484 (Alejo-D) Local interest in property: land use: natural resources

Clarifies that funds set aside for the long-term management of mitigation lands conveyed to a nonprofit organization may also be conveyed to the nonprofit, and authorizes the nonprofit to hold, manage, invest, and disburse the funds for management and stewardship of the land or easement for which the funds were set aside.
(In Senate Natural Resources and Water Committee)

AB 497 (Wieckowski-D) Housing and community development: emergency shelters

Requires the Department of Housing and Community Development to adopt regulations for the distribution of the unobligated balance of federal Emergency Solutions Grant Program funds received by the state, if any, taking into account specified considerations relating to homelessness.
(In Assembly Housing and Community Development Committee)

AB 502 (Bonilla-D) Housing: land use: general plan

Authorizes Contra Costa County and the City of Concord to establish the Concord Naval Weapons Station Reuse Authority to plan for, finance, and manage the transition of the property formerly known as the Concord Naval Weapons Station from military to civilian use.
(In Assembly Local Government Committee)

AB 505 (Harkey-R) Housing programs: audits

Requires, on or before 1/1/13, and every four years after, the Bureau of State Audits to conduct a performance audit of special fund and General Fund programs administered by the Department of Housing and Community Development.
(In Senate Rules Committee)

AB 542 (Allen-D) Housing element: land use: regional housing need

Allows a county, in its determination of whether sites included in the county's inventory of land can accommodate some of its share of the regional housing need, to use densities less than existing law to accommodate lower-income households, in specified circumstances.
(In Senate Transportation and Housing Committee)

AB 602 (Olsen-R) Housing: local government

Authorizes, commencing 1/1/12, until 1/1/17, a local government that has received a confirmation of compliance from the Department of Housing and Community Development, and that updates its housing element not more than every five years, to delay until the next scheduled revision date a revision to that local government's housing element, as specified.
(In Assembly Housing and Community Development Committee)

AB 624 (John A. Pérez-D) California Organized Investment Network

Extends the sunset date on the laws allowing tax credits for insurers and other taxpayers making qualified investments in community development financial institutions that invest in community development, and authorizes the Insurance Commissioner to appoint an advisory board.
Chapter 436, Statutes of 2011

AB 679 (Allen-D) Housing element: land use

Allows the County of Napa, through 10/31/22, to meet up to 15% of its share of the regional housing need for lower-income households by committing funds for the construction of affordable housing units within one or more cities within the county, if various conditions are met.
(In Senate Transportation and Housing Committee)

AB 697 (V. Manuel Pérez-D) Housing: veteran: acquisition of home: interest of record

Allows the Department of Veterans Affairs (DVA) to acquire a home for the purpose of refinancing an existing mortgage loan and requires the DVA to adopt rules and regulations.
Chapter 368, Statutes of 2011

AB 840 (Torres-D) Employee Housing Act: agricultural land use

Clarifies that cities and counties must treat specified employer-provided farmworker housing the same as other agricultural uses in any zone where agricultural uses are allowed.
Chapter 74, Statutes of 2011

AB 910 (Torres-D) Infrastructure financing districts

Authorizes an infrastructure financing district (IFD) to finance affordable housing facilities and economic development projects. Specifies that an election is not required to form an IFD, adopt an infrastructure financing plan, or issue bonds, if the IFD is implementing an affordable housing or economic development plan or a transit village plan.
(In Senate Governance and Finance Committee)

AB 931 (Dickinson-D) housing projects: environment: CEQA exemption

Exempts from the California Environmental Quality Act an infill housing project that may be used for neighborhood-serving goods, services, or retail uses to a level that does not exceed 25% of the total building square footage of the project.
(In Senate Environmental Quality Committee)

AB 936 (Hueso-D) Redevelopment: debt forgiveness

Requires, before a redevelopment agency or public body forgives a public body for a loan, advance, or indebtedness, the agency or public body to adopt a resolution that states it intentions.
Chapter 226, Statutes of 2011

AB 1072 (Fuentes-D) Community development

Establishes the California Promise Neighborhoods Initiative in the Office of Economic Development. Requires the Office to establish 40 promise neighborhoods throughout the state to maximize collective efforts within a community to improve the health, safety, education, and economic development of each neighborhood.
(In Senate Appropriations Committee)

AB 1084* (Davis-D) Housing: veterans farm and home purchase

Allows the Department of Veterans Affairs to fund a limited equity housing cooperative loan, through the California Veterans Home Loan Program and requires the fund transfer to take place within 30 days.
Chapter 377, Statutes of 2011

AB 1103 (Huffman-D) Housing element: land use

Allows a city or county to accommodate a portion of its housing element needs for lower-income households through the provision of financial assistance to convert foreclosed homes to affordable units.
Chapter 210, Statutes of 2011

AB 1167 (Fong-D) Homelessness: Interagency Council on Homelessness

Establishes the Interagency Council on Homelessness and prescribes the membership and duties of the Council.
(In Senate Appropriations Committee)

AB 1170 (Alejo-D) Redevelopment agency: City of Watsonville

Authorizes the planning commission or city council of the City of Watsonville to amend a specified preliminary plan and redevelopment plan, respectively, to add described territory, known as the Manabe-Bergstrom Site, currently referred to as the Manabe-Ow Site.
(In Assembly Housing and Community Development Committee)

AB 1183 (Bill Berryhill-R) Jobs and housing: environmental impact reports

Enacts the Jobs and Housing Act of 2011 and limits the standing to file and maintain a California Environmental Quality Act action or proceeding to the Attorney General.
(In Assembly Natural Resources Committee)

AB 1198 (Norby-R) Housing element: regional housing need assessment: land use

Repeals the requirement that the Department of Housing and Community Development determine the existing and projected need for housing for each region, as specified, and other specified provisions relating to the assessment or allocation of regional housing need.
(In Assembly Housing and Community Development Committee)

AB 1207 (Furutani-D) Real property development: civil actions: limitations

Provides that the limitation of 10 years after the development or improvement, as specified, does not apply to an action in tort to recover damages for damage to real or personal property, or for personal injury or wrongful death from exposure to hazardous or toxic materials, pollution, hazardous waste, or associated environmental remediation activities.
(In Assembly Judiciary Committee)

AB 1216 (Fuentes-D) Housing: land use: notice of proposed change

Gives tenants and affected public entities the ability to enforce the provisions of law requiring owners of assisted housing developments to give affordable housing developers and others the right to make an offer to purchase the development in order to preserve its affordability when the owner does not intend to extend or renew participation in a subsidy program.
Vetoed

AB 1234 (Norby-R) Redevelopment agencies: financing

Prohibits redevelopment agencies from using specified revenue for the promotion, recruitment, or retention of any professional sports team, or any related activity, as defined or for the development, planning, design, site acquisition, subdivision, financing, leasing, construction, operation, or maintenance of infrastructure, as defined, related to the occupancy, recruitment, or retention of any professional sports team.
(In Assembly Local Government Committee)

AB 1235* (Roger Hernández-D) Polanco Redevelopment Act: transfer of authority

Applies all authority, rights, powers, duties, and obligations, afforded to a redevelopment agency under the Polanco Redevelopment Act, to a successor agency, as defined, for any property that was within a redevelopment project of a redevelopment agency that has been dissolved by an act of the Legislature.
(On Senate Inactive File)

AB 1250* (Alejo-D) Redevelopment

Establishes an alternate procedure by which tax increment revenue is allocated for purposes of redevelopment plans adopted on or after 1/1/12, and for any new territory added to a redevelopment plan that was adopted prior to 1/1/12, but amended after 1/1/12, to add new territory. Specifically, the procedure requires that tax increment revenue transferred to an agency exclude any funds considered educational entity property tax revenues, as prescribed.
(In Assembly Rules Committee)

AB 1275 (Torres-D) Redevelopment: agency contracts

Provides that a contract or other instrument entered into by a redevelopment agency may be declared by a court to be null and void if the court determines that the agency has (1) exceeded their authority or abused its discretion, (2) entered into a contract that violated the agencies powers or obligations, or (3) assumed obligations that impaired its ability to meet obligations under the Community Redevelopment Law. Prohibits a redevelopment agency from delegating an obligation to decide, determine, or act to another person, as specified, and makes clarifying changes.
(On Senate Inactive File)

AB 1317 (Norby-R) Community development: plan consistency

Requires, in addition to consistency with the general plan, that a redevelopment plan be consistent with any specific plan for which the community has adopted for the same territory.
(In Assembly Housing and Community Development Committee)

AB 1338 (Roger Hernández-D) Redevelopment

Requires a redevelopment agency to obtain an appraisal from a qualified independent appraiser to determine the property's fair market value before a redevelopment agency acquires or purchases real property.
Chapter 299, Statutes of 2011

AB 25X1 (Blumenfield-D) Redevelopment

Grants additional flexibility to redevelopment agencies (RDAs) and cities and counties to make annual payments, but also maintain the anticipated General Fund budget solution in 2011-12. Adds protection for low- and moderate- income housing (low-mod) funds by specifying in the case of an eliminated RDA, that existing balances are retained for low-mod purposes and affordability covenants are retained.
(Died on Senate Floor)

AB 26X1 (Blumenfield-D) Community redevelopment

Makes various changes to state laws to implement provisions relating to redevelopment in the 2011-12 Budget agreement and is the first of two budget trailer bills that address redevelopment agencies. Eliminates redevelopment agencies and directs the resolution of their activities.
Chapter 5, Statutes of 2011, First Extraordinary Session

AB 27X1 (Blumenfield-D) Voluntary Alternative Redevelopment Program

Makes various changes to state laws to implement provisions relating to redevelopment in the 2011-12 Budget Act and is the second of two budget trailer bills that address redevelopment agencies. Creates an Alternative Voluntary Redevelopment Program for cities or counties to opt into.
Chapter 6, Statutes of 2011, First Extraordinary Session

AB 31X1 (Charles Calderon-D) Redevelopment

Classifies as "obligated for purchase", and treats as existing redevelopment agency debt, a redevelopment project that includes the sale of state surplus property, where the State Public Works Board has approved the sale and the Purchase Sales Agreement has been executed on or prior to 6/30/11.
(Died on Assembly Unfinished Business File)

AB 46X1 (Charles Calderon-D) Redevelopment agencies: public improvement projects

Authorizes a redevelopment agency to continue in full force and effect with respect to any public improvement project under the jurisdiction of that agency if the public improvement project was initiated by a vote of the agency prior to 1/1/11, and the agency expended funds for the design, engineering, environmental review, and site acquisition for the public improvement project prior to 1/1/11, as specified.
(Died at Assembly Desk)

Mobilehomes/Manufactured Housing

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SB 444 (Evans-D) Mobilehome park conversion

Clarifies that a local government, when considering an application to convert a mobilehome park to resident ownership, is required to consider the results of the survey to residents about their support for the conversion in making its decision to approve, conditionally approve, or disapprove the map, and allows the local government to disapprove the map if it finds that the results of the survey have not demonstrated adequate resident support.
(Failed passage on Senate Floor)

SB 562 (Senate Transportation And Housing Committee) Housing omnibus bill

Increases the manufactured home recovery fund threshold at which fees may be reduced from $1 million to $2 million.
Chapter 239, Statutes of 2011

AB 317 (Charles Calderon-D) Mobilehomes

Revises the conditions under which a tenancy of a mobilehome is exempt from a local rent control ordinance, rule, regulation, or initiative, to, among other things, make the exemptions applicable when the mobilehome space is not the sole residence of the mobilehome owner.
(In Assembly Housing and Community Development Committee)

AB 579 (Monning-D) Mobilehome parks: liability: attorney's fees

Permits the award of attorney's fees and, in some cases, other litigation expenses, to a local governmental entity in an action brought by the owner of a mobilehome park to challenge the validity or application of a local ordinance, rule, regulation, or initiative measure that regulates space rent or is intended to benefit or protect residents in a mobilehome park, if the local governmental entity is determined to be the prevailing party.
(In Assembly Judiciary Committee)

Mortgages/Foreclosures

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SB 2* (Calderon-D) Mortgage loans

Extends provisions of the California Finance Lenders Law and the California Residential Mortgage Lending Act until 1/1/15, and applies those laws to persons who facilitate or attempt to facilitate mortgage loan modifications or forbearance.
(In Senate Banking and Financial Institutions Committee)

SB 4 (Calderon-D) Mortgages

Requires, on and after 4/1/12, that a notice of non-judicial foreclosure sale contain (1) language notifying potential bidders of specified risks involved in bidding on the property, and (2) a notice to the property owner informing the owner about how to obtain information regarding any postponement of the sale. Requires a trustee handling the foreclosure to make a good faith effort to provide up-to-date information regarding sale dates and postponements, as specified.
Chapter 229, Statutes of 2011

SB 217 (Vargas-D) Mortgage loan originators: licensure

Allows persons to exempt company registration under the California Finance Lenders Law in order to comply with the Secure and Fair Enforcement of Mortgage Licensing Act of 2008. Provides clarification on the issuance of mortgage loan originator licenses with the existence of expunged or pardoned felony convictions.
Chapter 444, Statutes of 2011

SB 412 (Vargas-D) Mortgages: deficiency judgments

Deletes the provisions of existing law regarding written consent of the holder of the deed of trust or mortgage obligating the holder to accept the sale proceeds as full payment. Prohibits a deficiency judgment upon a note secured solely by a deed of trust or mortgage for a dwelling of not more than four units in any case in which the trustor or mortgagor sells the dwelling for a sale price less than the remaining amount of the indebtedness outstanding at the time of sale, in accordance with the written consent of the holder of the deed of trust or mortgage if the title has been voluntarily transferred to a buyer by grant deed or by other document that has been recorded and the proceeds of the sale are tendered as agreed.
(In Senate Judiciary Committee)

SB 435 (Harman-R) Mortgages and deeds of trust

Permits a notice of default to reference the authorized agent of the beneficiary or mortgagee on the notice. Permits sales of property pursuant to a power of sale in a mortgage or deed of trust to be postponed for any period of time not to exceed one year from the date set forth in the notice of sale.
(In Senate Judiciary Committee)

SB 458* (Corbett-D) Mortgages: deficiency judgments

Expands anti-deficiency protection for all residential mortgages or deeds of trust, provided that the holder of the mortgage or deed of trust consents to the short sale.
Chapter 82, Statutes of 2011

SB 722 (Correa-D) Home financing programs

Extends, until 1/1/12, existing law which includes the refinancing of home mortgages in the criteria for establishing a maximum household income for the purposes of a city or county-administered home financing program.
(In Senate Transportation and Housing Committee)

SB 729 (Leno-D) Mortgages and deeds of trust: foreclosure

Requires servicers to complete additional foreclosure avoidance actions, as specified, before recording a notice of default, prove they have standing to foreclose, as specified, and record a new document, called a declaration of compliance, as an attachment to every notice of default. Establishes specific penalties to be applied to servicers who fail to comply with the provisions of the bill.
(Failed passage in Senate Judiciary Committee)

AB 406 (Davis-D) Adjustable rate mortgages: balloon payments

Prohibits the inclusion of a balloon payment in an adjustable rate residential mortgage loan.
(In Assembly Banking and Finance Committee)

AB 407 (Davis-D) Mortgages: prepayment penalties

Prohibits the imposition of prepayment charges on loans secured by a mortgage or deed of trust on real property improved with one to four dwelling units.
(In Assembly Banking and Finance Committee)

AB 643 (Davis-D) Mortgages: counseling

Requires a mortgage broker to provide a borrower pre-purchase mortgage debt counseling that explains what a prudent debt-to-income ratio would be for the borrower taking into account the borrower's income and credit rating.
(In Assembly Banking and Finance Committee)

AB 793 (Eng-D) Reverse mortgages: insurance producers

Prohibits an insurance broker or agent from participating in or employing any party that participates in the origination of a reverse mortgage, except as specified.
Chapter 223, Statutes of 2011

AB 856* (Jeffries-R) Mortgages: debt relief: cancellation of indebtedness

Conforms fully the Personal Income Tax Law to the Mortgage Forgiveness Debt Relief Act (Public Law 110-142), as extended by Section 303 of the Emergency Economic Stabilization Act of 2008 (Public Law 110-343), to allow an exclusion from gross income for cancellation of indebtedness income generated from the discharge of qualified principal residence indebtedness.
(In Assembly Revenue and Taxation Committee)

AB 935 (Blumenfield-D) Foreclosures: foreclosure mitigation charges

Prohibits a notice of trustee's sale from being accepted for filing with a county recorder until the mortgage servicer pays a foreclosure mitigation charge of 5% of the price for which the house was last sold, a charge not to exceed $20,000.
(In Assembly Banking and Finance Committee)

AB 1321 (Wieckowski-D) Mortgages and deeds of trust: recordation

Requires that assignments of a mortgage or deed of trust must be recorded within 30 days of execution and provides that a notice of default shall not be filed until 45 days after the relevant mortgage, deed, or assignment has been recorded.
(In Assembly Judiciary Committee)

Common Interest Developments

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SB 150 (Correa-D) Common interest developments

Prohibits a common interest development from restricting the right of an owner to rent or lease his/her separate interest if the owner had that right at the time of purchase, unless the owner waives the right to lease or rent.
Chapter 62, Statutes of 2011

SB 209 (Corbett-D) Common interest developments: electric vehicle charging

Makes void and unenforceable any covenant, restriction or conditions contained in any deed, contract, security instrument, or other instrument in a common interest development that prohibits or restricts the installation of an electric vehicle charging station.
Chapter 121, Statutes of 2011

SB 561 (Corbett-D) Common interest developments: delinquent assessments

Amends the Davis-Stirling Common Interest Development Act to clarify that a debt collector shall be subject to specified provisions of the Act regarding application of payments, and states that any waiver by a homeowner of his/her rights is void as contrary to public policy. Provides that an association shall not assign or pledge its right to collect payment or assessments, as specified. Prohibits a third party that has contracted to collect those assessments, fees, or payments from acting as a trustee in foreclosure proceedings.
(In Assembly Judiciary Committee)

SB 563 (Senate Transportation And Housing Committee) Common interest developments: meetings

Prohibits a common interest development (CID) board from conducting meetings via electronic transmission, including e-mail, except as specified, clarifies that executive sessions are meetings, reduces the notice period for CID board meetings held solely in executive session, and provides standards for teleconference CID board meetings.
Chapter 257, Statutes of 2011

SB 759 (Lieu-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

SB 880 (Corbett-D) Common interest developments: electric vehicle charging

Specifies that a homeowner in a common interest development is authorized to install an electric vehicle charging station only in their own designated parking space. Authorizes the installation of a charging station in a common area that is not an exclusive use common area only if installation in the owner's designated parking space is impossible or unreasonably expensive. Authorizes, however, an association or owners to install a charging station in the common area for use of all members, and requires the association to develop appropriate terms of use for the charging station.
(In Assembly Natural Resources Committee)

AB 771 (Butler-D) Common interest developments: requests for documents: fees

Creates a disclosure form that a seller must provide to a buyer including the cost and allows a homeowners' association to contract with an agent to procure, prepare, reproduce and deliver disclosure documents to a seller of a common interest development
Chapter 206, Statutes of 2011

AB 805 (Torres-D) Common interest developments

Reorganizes and recodifies the Davis-Stirling Common Interest Development Act and makes minor as well as substantive changes in order to achieve internal consistency.
(In Senate Transportation and Housing Committee)

AB 806 (Torres-D) Common interest developments

Makes technical and conforming changes to other code sections so that all cross-references to the Davis-Stirling Common Interest Development Act are consistent with the comprehensive reorganization and recodification of that Act.
(In Senate Transportation and Housing Committee)

Miscellaneous

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SB 6 (Calderon-D) Real estate: appraisal and valuation

Updates California's real estate and appraisal law to reflect recent changes enacted at the federal level pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act.
Chapter 716, Statutes of 2011

SB 53 (Calderon-D) Real estate licensees

Makes several changes to California's Real Estate Law, to give the Department of Real Estate more enforcement tools with which to crack down against mortgage fraud and other real estate violations, adds safeguards to protect consumers who seek out services from real estate licensees, and makes technical changes intended to clean up certain portions of the Real Estate Law.
Chapter 717, Statutes of 2011

SB 110 (Rubio-D) Real property disclosures: mining operations

Requires expert reports used to fulfill natural hazard disclosure requirements in residential property sales to include a "Notice of Mining Operations" if the property is within one mile of specified mining operations.
Chapter 253, Statutes of 2011

SB 147 (Leno-D) Furniture: flammability standards

Requires the Bureau of Electronic and Appliance Repair, Home Furnishings and Thermal Insulation (Bureau), on or before 3/1/13, to modify Technical Bulletin 117 regarding product standards for fire retardant furniture to include a smolder flammability test to provide an alternative method of compliance that can be met without the use of chemical fire retardants and does not compromise fire safety. Requires the Bureau, in developing the smolder flammability test, to consider the draft smolder standard proposed by the federal Consumer Product Safety Commission, to take into consideration the cost to manufacturers and consumers, and amend existing label specifications to identify any products meeting that adopted standard. Authorizes the Bureau Chief to additionally exempt polyurethane foam from the fire retardant requirements, as specified.
(Failed passage in Senate Business, Professions and Economic Development Committee)

SB 284 (Harman-R) Real property: marketable title

Provides a 1/1/13 sunset date on existing law relative to an option to purchase real property, as specified, and after 1/1/13, provides that an option to purchase real property expires of record six months after the date the instrument that creates or gives constructive notice of the option is recorded.
Chapter 46, Statutes of 2011

SB 314 (Vargas-D) Military housing: property taxation

Extends the time period for assessors to issue escape assessments on military housing projects.
(In Assembly Revenue and Taxation Committee)

SB 328 (Kehoe-D) Eminent Domain Law: conservation easement

Requires a person seeking to acquire, by eminent domain, a property subject to a conservation easement to give the holder of the conservation easement, and a public entity that contributed to the creation of the easement, a notice containing specified information and an opportunity to comment on the acquisition.
Chapter 589, Statutes of 2011

SB 332 (Padilla-D) Rental dwellings: smoking

Codifies the ability of a residential landlord to prohibit smoking on the property or in any building or portion of the building, including any dwelling unit. Requires every lease entered into on or after 1/1/12 for residential real property where the landlord has prohibited smoking to include a provision specifying the areas where smoking is prohibited. For leases entered into prior to 1/1/12, a prohibition against smoking on any portion of the property in which smoking was previously permitted shall constitute a change of terms of tenancy requiring adequate notice, as specified. States that a landlord who exercises the above authority shall be subject to state and local notice requirements governing changes to the terms of rental agreements that are in existence at the time the policy is adopted.
Chapter 264, Statutes of 2011

SB 337 (Kehoe-D) Tenancy: political signs

Prohibits a landlord from prohibiting a tenant from posting or displaying political signs relating to an election or legislative vote, the initiative, referendum, or recall process, or issues before a public body for a vote, except under certain circumstances. Requires a tenant to comply with the time period established by the local ordinance for the posting and removal of political signs or, in the absence of those provisions, by reasonable time limits, as specified, established by the landlord.
Chapter 383, Statutes of 2011

SB 358* (Cannella-R) Depreciation tax deduction

Excludes from gross income any amount provided to a person by the Air Resources Board, an air pollution control district, or an air quality management district for the purpose of air pollution reduction. The basis of property for determining gain or loss on the sale or disposition, as well as for determining depreciation, would be reduced to the extent the property was acquired with any amount excluded from gross income under this bill.
(In Senate Governance and Finance Committee)

SB 376 (Fuller-R) Real estate brokers

Revises the definition of "real estate broker" to allow brokers to make, arrange, or service chattel mobilehome loans under their Department of Real Estate license, without having to secure an additional finance lender or broker license from the Department of Corporations.
(On Assembly Inactive File)

SB 426 (Calderon-D) Tenancy: eviction: notices

Classifies any building or property used to willfully conduct unlawful dogfighting or cockfighting as a public nuisance, and allows for the eviction of any person who commits or maintains such a nuisance.
Chapter 128, Statutes of 2011

SB 464* (Anderson-R) Property taxation: new construction: fire protection

Excludes fire safety systems installed in expanded parts of reconstructions after a disaster from value for property tax purposes.
(In Senate Governance and Finance Committee)

SB 507 (DeSaulnier-D) Property taxation: change in ownership statement

Extends from 45 days to 90 days the deadline for new owners of real property and certain legal entities to submit a change-in-ownership or a change-in-control statement and increases the penalty for failure to file a change-in-ownership statement in the case of real property transfers that must be reported to the local county assessor.
Chapter 708, Statutes of 2011

SB 510 (Correa-D) Real estate brokers: corporate officers

Establishes various minimum requirements for an individual to become a branch manager and authorizes the Commissioner of the Department of Real Estate to discipline a branch manager for failure to supervise branch operations.
Chapter 709, Statutes of 2011

SB 559 (Padilla-D) Housing: discrimination: genetic information

Prohibits discrimination under the Unruh Civil Rights Act and the Fair Employment and Housing Act on the basis of genetic information. Prohibits discrimination in state government programs, benefits and activities, or in programs receiving financial assistance from the state on the basis of genetic information.
Chapter 261, Statutes of 2011

SB 562 (Senate Transportation And Housing Committee) Housing omnibus bill

Allows the California Debt Limit Allocation Committee to return a performance deposit when a bond issuer issues less than 100% of the allocation amount. Updates the California Building Standards Code to reflect the newly adopted Green Code, which was not yet in existence when this section of law was originally enacted. Increases the manufactured home recovery fund threshold at which fees may be reduced from $1 million to $2 million.
Chapter 239, Statutes of 2011

SB 660 (Runner-R) Housing authorities: housing certificates

Allows public housing authorities to make compliance with truancy laws a continuing condition of eligibility for tenant rental assistance vouchers.
(Failed passage in Senate Transportation and Housing Committee; reconsideration granted)

SB 706 (Price-D) Housing: real estate

Makes numerous enforcement enhancements to the Department of Real Estate and the Office of Real Estate Appraisers; requires licensing boards to post information about licensees on the Internet, as specified; and makes updating and conforming changes.
Chapter 712, Statutes of 2011

SB 726 (Berryhill-R) Fire suppression: fire sprinkler systems

Authorizes, until 1/1/14, a county, by ordinance or resolution, to opt not to be subject to a regulation published in the California Building Standards Code requiring the installation of a fire sprinkler system in a single-family residential dwelling.
(In Senate Transportation and Housing Committee)

SB 837 (Blakeslee-R) Residential real property disclosures

Informs prospective purchasers of residential property of existing requirements by requiring disclosure of "water-conserving plumbing fixtures" in the statutorily required transfer disclosure statement.
Chapter 61, Statutes of 2011

SB 865 (Negrete McLeod-D) Contractors: expertise: legal representation

Requires the Contractors State License Board (CSLB) to provide legal representation to any person hired to provide expertise in a licensing or disciplinary matter when, as a result of providing that expertise, that person is named as a defendant in a civil action, and requires the CSLB to indemnify the expert for any judgment rendered against him/her.
(In Assembly Judiciary Committee)

SCR 55 (Liu-D) California Runaway and Homeless Youth Month

Designates November 2011 as California Runaway and Homeless Youth Month, and recognizes the need for individuals, schools, communities, businesses, local governments, and the state to take action on behalf of runaway and homeless youth in California.
(Held at Assembly Desk)

SCR 57 (Vargas-D) Building standards

Urges the Division of the State Architect, in cooperation with the California Building Standards Commission and the Department of Housing and Community Development, to hold hearings to determine if the building codes subject to a scheduled review should be amended to require the installation of devices that shut off natural gas and electrical power in the event of an earthquake at the time of initial construction and major renovations.
(In Senate Rules Committee)

AB 19 (Fong-D) Building standards: water meters: multiunit structures

Mandates that water purveyors adopt policies requiring that multiunit residential structures or mixed use residential and commercial structures that apply for water connections after 1/1/14, have, as a condition of new water service, submeters that measure the water supplied to each individual dwelling unit.
(Failed passage in Assembly Housing and Community Development Committee; reconsideration granted)

AB 20 (Halderman-R) Construction defect actions

Requires an attorney who solicits or consults with a client or potential client for purposes of filing an action for defects in the design or construction of an improvement to residential real property to provide a written notice at the time of the solicitation or consultation include specified information.
(Failed passage in Assembly Judiciary Committee; reconsideration granted)

AB 87 (Logue-R) Home furnishings: inspections: compensation

Deletes provisions allowing a chief or inspector from the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation to take any articles or samples of upholstered furniture or bedding for purposes of analysis.
(In Assembly Appropriations Committee)

AB 188 (Block-D) Property tax exemption: principal residence: veterans

Ensures that the disabled veterans' property tax exemption on a principal residence received by an unmarried surviving spouse will continue to be available to unmarried surviving spouses who are confined to a hospital or other care facility.
Chapter 202, Statutes of 2011

AB 249 (Bill Berryhill-R) Contractors

Authorizes a person who utilizes those services for the construction or improvement of residential property, as specified, to recover two times the amount of compensation paid for work performed during periods when the contractor was not duly licensed. Authorizes a person who utilizes the services of a contractor for the construction or improvement of property other than specified residential property to bring an action in any court of competent jurisdiction in this state to recover all compensation paid to the contractor for performance of any act or contract during the time the contractor was not properly licensed.
(In Assembly Business, Professions and Consumer Protection Committee)

AB 265 (Ammiano-D) Tenancies: unlawful detainer

Gives a tenant who has received a three-day notice to quit or pay rent the right to redeem the tenancy after the three-day period has expired by tendering rent due and other fees and costs, as specified.
(On Assembly Inactive File)

AB 278 (Hill-D) Department of Real Estate: citations

Authorizes the Commissioner of the Department of Real Estate to issue citations to unlicensed persons the Commissioner believes to be engaging in activities for which a real estate license is required or to licensees who are in violation of any provision of the Real Estate Law or any rule or order thereunder. Authorizes citations to include an order to correct the violation or to include an administrative penalty of up to $2,500, and requires any fines collected to be credited to the Recovery Account and made available for specified purposes upon appropriation by the Legislature.
(On Senate Inactive File)

AB 312 (Bonnie Lowenthal-D) Civil rights: homeless persons

Adds homeless persons 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 328 (Smyth-R) Inverse condemnation: comparative fault

Requires a court or arbiter, in an inverse condemnation proceeding, to reduce the compensation to be paid to a plaintiff in direct proportion to his/her percentage of fault, if any, in the damaging of property that constitutes a taking. Extends to actions in inverse condemnation an existing statute which provides that when a plaintiff rejects a defendant's settlement offer and then fails to obtain a more favorable judgment or award, then the plaintiff is prohibited from recovering his/her post-offer costs and is required to pay the defendant's costs from the time of the offer.
(In Senate Judiciary Committee)

AB 370 (Smyth-R) Housing: tankless water heater venting materials

Requires a plastic pipe or plastic pipe fitting to be used for venting hot gases from a tankless water heater only if that pipe or pipe fitting meets specified certification requirements.
(In Assembly Housing and Community Development Committee)

AB 448* (Ammiano-D) Property taxation: change in ownership

Makes numerous revisions in the change in ownership provisions in the property tax law.
(In Assembly Revenue and Taxation Committee)

AB 534 (Swanson-D) Homeless persons: civil rights

Specifies that homeless persons, as defined, are entitled to the rights set forth under existing law, and would provide that a homeless person has the right to be free from violence or intimidation by threat of violence directed against that person on the basis of that person's status as a homeless person. Provides that these provisions shall not be construed to enlarge or diminish an existing duty, if any, by an owner of residential rental or commercial property to protect a homeless person who is present on the property from violence or intimidation by threats of violence.
(In Assembly Judiciary Committee)

AB 588 (V. Manuel Pérez-D) Tenancy: victims of domestic violence

Amends existing law so that a tenant who is a victim of domestic violence has more time to provide notice of intent to terminate a lease early. Provides that upon informing the landlord of intent to terminate a tenancy because he/she is a victim of domestic violence, sexual assault, or stalking, the tenant must also provide the landlord with a substantiating court order or police report, as specified, that was issued or written within the last 180 days. (Existing law requires the order or report to have been issued or written within the last 60 days.)
Chapter 76, Statutes of 2011

AB 645 (Davis-D) Real property transactions

Provides that the fiduciary duty owed to a borrower includes a requirement that the mortgage broker provide information to a borrower regarding the advantages and disadvantages of the loan options available to the borrower based upon the borrower's income and credit rating. Provides that the fiduciary duty owed to a borrower includes, if a broker arranges a loan that is less advantageous than a loan for which the borrower is otherwise qualified and the borrower defaults on the loan, sending a letter to any consumer reporting agency indicating that the broker arranged the loan and that the loan was less advantageous than a loan the broker could have arranged for which the borrower was otherwise qualified.
(In Assembly Banking and Finance Committee)

AB 683 (Ammiano-D) Homelessness

Requires the Department of Housing and Community Development (HCD), to the extent federal or private funds are available, to create a statewide homeless integrated data warehouse comprised of specified information that local entities compile in homeless management information systems. Requires HCD to collaborate with specified state agencies to develop a strategy to include additional information in the statewide data warehouse on various services provided to homeless populations and the costs of those services.
(In Senate Appropriations Committee)

AB 818 (Blumenfield-D) Multifamily dwellings: renters recycling programs

Requires an owner of a multifamily dwelling with five or more living units to arrange for recycling services that are appropriate and available for the multifamily dwelling except under specified circumstances.
Chapter 279, Statutes of 2011

AB 865* (Nestande-R) Property tax: active solar energy systems

Extends the "new construction" exclusion for active solar energy systems to improvements constructed through the 2032-33 fiscal year.
(In Assembly Appropriations Committee)

AB 878 (Bill Berryhill-R) Contractors: workers' compensation insurance

Requires a workers compensation insurer to report to the Contractors State License Board when the insurer cancels the insurance policy of a licensed contractor after the insurer has conducted an audit of the contractor, the contractor has made a material misrepresentation that results in financial harm to the insurer, and no reimbursement has been paid by the contractor to the insurer. Provides that willful or deliberate disregard and violation of workers' compensation insurance laws by a contractor constitutes a cause for disciplinary action by the Registrar of Contractors against the licensee.
Chapter 686, Statutes of 2011

AB 887 (Atkins-D) Gender discrimination

Expressly adds the terms gender, gender identity, and gender expression as among the enumerated characteristics under various provisions of the law that require equal rights and opportunities and prohibit discrimination based on specific enumerated characteristics.
Chapter 719, Statutes of 2011

AB 930 (Gordon-D) California Building Standards Commission

Requires that at least one of the members of the California Building Standards Commission be experienced and knowledgeable in sustainable building, design, construction, and operation.
Chapter 399, Statutes of 2011

AB 934 (Feuer-D) Privileged communications

Identifies specified communications that are not considered privileged under existing libel law, including communications authorized by certain provisions of state law relating to real property transactions of residential tenants, or discrimination against residential tenants that violate any federal, state, or local law, or breach a contractual obligation owed by the landlord.
(Failed passage on Assembly Floor)

AB 1091 (Morrell-R) Contractors

Revises and recasts requirements for a licensed contractor to notify the Contractors State License Board when a licensed qualifier disassociates from a contractor's license.
Chapter 168, Statutes of 2011

AB 1111 (Fletcher-R) Homeless youth: debt collection

Provides that where the court, in the course of routine efforts to collect fines, obtains information that a person under the age of 25 who has not paid a citation for truancy, loitering, curfew violations or illegal lodging is homeless, the court shall not garnish the person's wages or levy against his/her bank accounts, and allows garnishment and bank account levies to go forward when the person reaches the age of 25 or is no longer homeless.
Chapter 466, Statutes of 2011

AB 1124 (Skinner-D) Housing: Low-Income Energy Efficiency program

Makes furnace and water heating system improvements eligible for the Low-Income Energy Efficiency Program. Requires financial assistance for 100% of cost of improvements less a percentage equal to the percentage of rental units not occupied by households with income below 200% of the federal poverty level, but also caps the above assistance at $2,700 per dwelling unit. Limits the financial assistance to the costs for equipment and installation, and not for the performance of an energy audit.
(In Assembly Appropriations Committee)

AB 1220 (Alejo-D) Housing: land use and planning

Provides that an entity bringing a challenge in support of affordable housing against a city or county action relating to housing element law, the Least Cost Zoning Law, annual limits on housing permits, or the adequacy of a density bonus ordinance may serve a deficiency notice up to three years after the city's or county's action. After 60 days or the date on which the city or county takes final action in response to the notice, whichever occurs first, the challenging party has one year to file an action in court, except that the suit may not be filed more than three years after the city's or county's action. In other words, the entity must file the suit within one year of the expiration of the deficiency notice or within three years of the city's or county's action, whichever occurs first.
Vetoed

AB 1222 (Gatto-D) California Housing Finance Agency

Requires the California Housing Finance Agency (CalHFA) board, as opposed to Agency staff, to contract for any salary survey related to executive management compensation and makes a number of changes to CalHFA's conflict of interest statutes.
Chapter 408, Statutes of 2011

Index (in Bill Order)