Brian Augusta & Associates th Street Sacramento, California

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1 Brian Augusta & Associates th Street Sacramento, California To: Commissioners, Berkeley Rent Stabilization Board Jay Kelekian, Executive Director From: Brian Augusta & Michael Moynagh Date: April 16, 2015 Re: State Legislative Report Preface As this is our first report with the three new commissioners, we wanted to preface our usual report with some background and context. Most local and independent agencies retain legislative advocates (lobbyists), including Alameda County, the City of Berkeley, the Berkeley Unified School District, the East Bay Municipal Utility District and AC Transit. Decisions made in Sacramento by the Legislature and the Governor can have a profound effect on local agencies and policies, even those enacted by the electorate, such as the Rent Stabilization and Eviction for Good Cause Ordinance. A case in point is the Berkeley Redevelopment Agency, legislated out of existence by AB 1X 26 of Since 1984, the Rent Board has retained a legislative advocate (lobbyist) in Sacramento. This includes the period of time when the majority of the Board were commissioners supported by landlord organizations. The advocate s responsibilities are to monitor, support and oppose legislation in conformance with the purposes of the Ordinance. Thus, our charge runs with the Ordinance s purposes as laid out in Section : 1. to regulate residential rent increases in the city of Berkeley. 2. to protect tenants from unwarranted rent increases and arbitrary, discriminatory, or retaliatory evictions, in order to help maintain the diversity of the Berkeley community. 3. to ensure compliance with legal obligations relating to the rental of housing. 4. to address the City of Berkeley's housing crisis. 5. to preserve the public peace, health and safety. 6. to advance the housing policies of the city with regard to low and fixed income persons, minorities, students, handicapped, and the aged. To ensure the continued ability of the city and board to regulate residential rent increases, a primary function of the legislative advocate is to defend the Ordinance from attacks and initiatives to outlaw (pre-empt) or limit local residential rent control at the state level. Nationwide, the industry has been successful in 1

2 eliminating or foreclosing rent control. Massachusetts ended local rent control in Approximately 36 states have banned rent control. Industry groups, including those with legislative advocates in Sacramento, remain hostile to rent control in California: - The California Association of Realtors (CAR) Board of Directors recently approved an action item stating that CAR believe[s] that communities most effectively create the opportunities for affordable workforce home ownership by avoiding restrictive regulatory policies, such as rent control The San Diego County Apartment Association has opined that Rent control has proven to be a failed public policy all over the state The California Apartment Association worked to rescind a Huntington Beach City Council action which would have placed a mobilehome rent control ordinance on the ballot last November. The action was in fact rescinded, and the voter referendum was removed from the ballot in that city. Given the continuing opposition to rent control in general, we closely monitor any efforts to erode or eliminate rent control. However, we also work closely with industry and tenant groups to resolve issues in a way that is beneficial to all parties. When consensus is not possible, we look to the purposes of the ordinance set forth above to inform our work for the Board. Bill Report Last November s election resulted in an Assembly with 52 Democrats and 28 Republicans, while the Senate has 25 Democrats and 14 Republicans, with one vacancy due to a member moving to Congress. The special election for the empty seat in Contra Costa has two Democrats squaring off against each other. The comfortable majorities do not translate into a landscape that is particularly tilted toward tenants or landlords. As always, it is much easier to kill legislation rather than to get a bill passed. New bills were introduced in January and February. Bills are first heard by the policy committee covering the subject matter of the bill. Rent control bills go to the Housing Committee in the Assembly and to the Judiciary or Transportation & Housing Committees in the Senate. Landlord-tenant bills are almost always heard by the Judiciary Committees in both houses. Bills can be referred to more than one policy committee. If a bill has a state or local fiscal effect, it must also pass the Appropriations committees of the two houses. The policy committees are in full swing right now. Bills with a fiscal effect must pass their policy committee(s) by April 30 th. If the bill is non-fiscal, it has until May 15 th to be passed by the committee(s). This memo highlights bills of special interest and makes recommendations to the Board. Also included in the packet is a chart noting the more than 100 housing bills that may impact in some manner the purposes of the Ordinance. Rent Control Bills Last Tuesday, Senator Leno s bill to impose a holding period before an owner could evict all tenants from a property under the Ellis Act failed 5-6 in Senate Transportation & Housing Committee. As with last year s bill, the new SB 364 would have only applied in San Francisco. The San Francisco-only strategy was an attempt to increase the bill s chances, as members are given leeway with bills that only affect the author s 2

3 home district. Although the bill failed, it was granted reconsideration, a common procedure that allows it to be voted on one more time. To be passed on reconsideration after failing is very rare. The bill would have to pass Trans & Housing Committee and the Judiciary Committee by May 15 th to remain active this year. Under the rules, it also has a second chance to pass the two committees and the full Senate next January, as 2015 is the first year of the two-year biennial legislative session. AB 1229 (Campos) would create a demonstration (pilot) project in Alameda, San Francisco, Santa Clara, and Ventura counties. A tenant in a property subject to rent control who is over age 62, has income of less than $50,000 per year, and is not a Section 8 voucher holder, would be eligible to apply to the local rent control board for an exemption from rent increases, presumably the annual general adjustment but the bill is not so limited. The landlord would be precluded from increasing the rent, but would be allowed a tax credit on state income taxes for the lost increased revenue. (Unlike a tax deduction, a tax credit is a dollar-fordollar reduction of tax liability; the landlord would be made entirely whole.) As there is only mobilehome rent control in Ventura County, apparently the bill would apply to mobilehome space rents also, as it refers to a property subject to rent control. As a pilot program, the bill s provisions by its own terms would expire (sunset) in 2018, unless extended by a future bill. The bill is a bit unclear, but seems to provide that in 2019, all the annual general adjustments for 2016, 2017, and 2018 would be added to the rent in AB 1229 was referred to the Revenue and Taxation Committee, but has not been set for a hearing. AB 697 (Chu) is a similar measure. It is not restricted to rent controlled units, but otherwise has the same qualifications (age, income, etc.), the same counties (including Alameda), and the same 2019 sunset date. Rather than exempt the unit or space from a rent increase, the bill would allow the tenant to take a tax credit against the increase. However, the credit would not be refundable i.e., if the tenant has little or no state income tax liability, the credit is lost, though it can be carried forward and claimed in later years if there is more tax liability in those years. AB 697 also has not be set for a hearing in Rev & Tax Committee. SB 775 (Allen) is a spot or intent bill; the contents of which will be amended in soon. The author is considering a change to the Petris Act, which requires rent boards to certify the rent for a unit within 5 days of a request by a tenant or landlord, with 15 days for the other party to appeal. The bill would exempt the requirement to certify on any unit that has had a Costa-Hawkins market rate rent set on it. The board would retain authority to determine authorized rent levels. The bill may also include some sort of provisions for tenants to prove that rent was tendered to the landlord in cases where the landlord is trying to avoid accepting the rent. Health & Safety/Code Bills Paying for seismic safety retrofitting has again attracted attention. None of these bills have been heard in committee yet. Assembly Member Nazarian has introduced AB 428, similar to his bill from last year (AB 1510). The bill would allow a 30% tax credit for seismic retrofits, spread over a 5 tax years. The Administration opposed last year s bill. The author may amend the bill to incorporate a different financing mechanism. AB 1429 (Chiu) is a work in progress. At present, it would provide grants to landlords with 5 to 10 unit buildings with lower-income households (i.e., income level under 80% of the area median) to do seismic retrofitting. SB 602 (Monning) would require the California Earthquake Authority to create a retrofit financing program similar to local PACE programs that allow property owners to pay for retrofitting through voluntarily loans paid back by supplemental property tax assessments. The Authority would issue bonds to obtain the capital for the loans. 3

4 AB 551 (Nazarian) is intended to take the first steps toward establishing procedures for eradicating bed bugs. The bill is the product of stakeholder discussions over the past year seeking to develop a consensus between landlord and tenant groups. The bill is based in part on San Francisco s bed bug ordinance. SB 655 (Mitchell) would add mold to the list of substandard conditions that render a building substandard, while SB 328 (Hueso) would require landlords to notify tenants in advance when pesticides are to be used at the property that are not applied by a licensed pest control company. Other Landlord-Tenant & Housing Bills Discrimination: AB 447 (Maienschein) see below under recommendations. SB 396 (Jones-Sawyer) would prohibit housing discrimination based on a person s prior criminal history, unless the differential treatment is mandated by federal law. The bill is primarily directed at public housing, but as introduced, applies to private landlords also. SB 600 (Pan) would amend the Unruh Civil Rights Act to specifically prohibit discrimination based on citizenship, primary language, or immigration status. Domestic Violence: AB 418 (Chiu) see below under recommendations. Open Website: Not a rent control/housing bill per se but one that may impact the Board is AB 169 (Maienschein). It would requires a local agency that voluntarily posts a public record that is described as open on its website to post the record in an open format that meets all of the following requirements: a) Retrievable, downloadable, indexable, and electronically searchable by commonly used Internet search applications; b) Platform independent and machine readable; c) Available to the public free of charge and without any restriction that would impede the reuse or redistribution of the public record; and, d) Retains the data definitions and structure present when the data was compiled, if applicable. Smoking: SB 140 (Leno) would add electronic cigarettes to various state statutes regarding tobacco cigarettes, including provisions allowing landlords to prohibit smoking in rentals, with some exceptions for current tenants in cities with just cause eviction protections. The bill passed Senate Health Committee. Student Housing/Homeless: AB 1228 (Gipson) would require that the University of California and California State University give prioritized access for on-campus housing to students experiencing homelessness. The bill would further require that on-campus housing remain available to these students over breaks and that the students not be charged any additional costs or fees related to remaining on campus during scheduled academic breaks. Vacation rentals: SB 761 (Hall) is sponsored by the California Apartment Association. It would require companies that facilitate online vacation or short-term rentals to include a disclosure that the housing provider, if a tenant, may be violating his or her lease by subletting and to check the lease or enquire with the landlord. The webpage would also have a checkbox similar to software use agreements that the provider must check. AB 1220 (Harper) would prohibit cities or counties from imposing transit occupancy (hotel) taxes on vacation/short-term rentals. Water: SB 7 (Wolk) is this year s version of the bill to require all new multifamily residential units to have water usage measured, either through meters operated by the water utility, or sub-meters operated by the landlord. It is intended to also include procedures for landlord submeter maintenance and billing. Most of the major landlord and tenant groups supported last year s bill, but it was derailed by opponents in the last week of the session. SB 188 (Hancock) would make permanent the law that allows East Bay MUD and the other few scattered MUDs in the state to put a property tax lien on rental properties where the landlord 4

5 has failed to pay utility bills. The authority was added in response to landlords who failed to pay; EBMUD s only option was to shut off the water, which affected the tenants and not the landlord. Speaker s Housing Package Assembly Speaker Toni Atkins, a champion of affordable housing, has introduced a package of housing bills. AB 1335 is this year s version of the dedicated source for housing funding, the source being a $75 surcharge on the recording of some real estate documents. The bill requires a 2/3rds vote. AB 35 would increase the state s aggregate Low Income Housing Tax Credit to $375 million; the current limit is $75 million. AB 1056 would use a portion of Proposition 47 funds to reduce recidivism through investment in rapid rehousing and housing supports for formerly incarcerated Californians. AB 90 would create a framework for how California will expend funds received from the National Housing Trust Fund. The funding is expected to begin in Recommended Positions As it is still early in the session, many bills are still taking shape and may undergo radical alterations in the next few weeks. In some cases, the Board votes to take a position on a bill and communicates that position to the legislature, while on others, the Board directs us to advocate for or against a bill, or monitor it closely. Working closely with the Executive Director, we are recommending support and advocacy for four bills listed below. Several bills, including AB 551 (bed bugs), AB 1228 (homeless student housing), SB 7 (water submeters), and SB 761 (vacation rental disclosures) fall into that last category of bills that can be characterized as works in progress. We recommend that we closely monitor these bills as they move forward, and will report back when further action is warranted. We recommend that the Board take positions on the following bills: AB 428 (Nazarian, D-Los Angeles) Support and advocate for passage. As described above, this bill would allow a 30% tax credit for seismic retrofitting of buildings including, but not limited to, soft story residential buildings, nonductile concrete residential buildings, and pre-1994 concrete residential buildings. The credit would be spread over a 5-year period. Last year s similar bill was supported by the Board, the California Apartment Association, the Apartment Association of Greater Los Angeles (AAGLA), and the Santa Barbara Property Association. AB 447 (Maienschein, R-San Diego) Support and advocate for passage. This bill would prohibit insurance companies from refusing to insure properties with Section 8 tenants; it would also prohibit higher premiums if landlords rent to Section 8 tenants. Although arguably already illegal, the practice does occur throughout the state. The bill is co-sponsored by Housing California and Western Center on Law & Poverty. The California Apartment Association indicates that it will support the bill and has been working with the sponsors on it. AB 418 (Chiu, D-San Francisco) Support and advocate for passage. This bill would make permanent the law (SB 612 of 2013) that allows survivors of domestic violence, elder or dependent adult abuse, human trafficking, stalking, and sexual assault to terminate a lease early based on a statement of a health practitioner or other counselor. The Board endorsed SB 612 in If the current law is allowed to sunset, the law will revert to its earlier version, where only a police report or TRO could be used to support a termination. The bill would also reduce a tenant s future rent obligation to 14 days; current law puts the limit of responsibility for rent at 30 days. The bill is co-sponsored by the California Partnership to End Domestic Violence, Western Center on Law and Poverty, and the National Housing Law Project. The California Apartment Association supports the bill. 5

6 SB 188 (Hancock, D-Berkeley) Support. As noted above, this bill continue to allow municipal utility districts, including East Bay MUD, to impose property tax liens on landlords who fail to pay a utility bill for a mastermetered building. The current authority to lien such a property ends this year unless the sunset is removed. Before the current law*, EBMUD had to collect unpaid water and wastewater charges from landlords by issuing a formal notice, shutting off tenants water, and suing the landlord for past due balances. The bill is supported by EBMUD and Alameda County. As introduced, the bill was opposed by East Bay Rental Housing Association, Nor Cal Rental Property Association, the Apartment Association of Orange County, Apartment Association - California Southern Cities, and the North Valley Property Owners Association. They are concerned that the bill could be read to require landlords to pay for utility bills of tenants in non-mastered metered buildings, though that apparently has not happened in the 4 years that the current law that would be extended by SB 188 has been in effect. Regardless, the bill was amended April 14 to clarify that landlords would not be responsible for unpaid tenant bills where the tenant has a separate bill from the utility. With that amendment, the opposition is likely to be removed. * The Board was supportive when the current law was adopted and staff worked with EBMUD to do outreach to tenants to make sure they continued receiving their water service without interruption. 6

7 Of Note: Previous Rent Control Effort in Sacramento 7

8 Brian Augusta & Associates th Street Sacramento, California Rent Control, Landlord-Tenant, & Selected Housing Bills April 15, 2015 Landlord-Tenant (including Rent Control and Court Procedures) AB 205 AB 280 AB 401 AB 418 AB 428 Wood D Brow wn D Dodd D Chiu D Nazarian D Residential property: possession by declaration. 2/9/2015-Referred to Com. on JUD. Until January 1, 2018, current law permits an owner of specified residential property in the Cities of Palmdale and Lancaster in the County of Los Angeles or the City of Ukiah in the County of Mendocino to register vacant real property with the local law enforcement agency and to execute a Declaration of Ownership of Residential Real Property that may be filed with the local law enforcement agency of the jurisdiction in which the property is located. This bill would extend the residential property subject to these provisions to include the City of Eureka in the County of Humboldt, the City of Fairfield in the City of Solano, and the Counties of Humboldt and Lake. Would give the small claims court jurisdiction over an action filed by a city, county, city and county, school district, county office of education, community college district, local district, or any other local public entity if the amount of the demand does not Small claims court: 3/18/2015-In Judiciary jurisdiction. committee. exceed $10,000. This bill would also eliminate the provision relating to the transfer of small claims actions where the opposing party is represented by counsel. Would require the Department of Community Services and Development, no later than January 1, 2017, in collaboration with Low-Income Water 4/15/2015-In Approps the State Board of Equalization and relevant stakeholders, to develop a plan for the funding and implementation of the Low- Rate Assistance committee: Referred to Income Water Rate Assistance Program, which would include specified elements. The bill would require the department, no Program. suspense file. later than January 1, 2017, to report to the Legislature on its findings regarding the feasibility, financial stability, and desired structure of the program. Tenancy: termination: victims of violent crime. Income taxes credit: seismic retrofits. 4/7/2015-Passed Judiciary Com., on Assembly Floor. 3/2/2015-Referred to Com. on REV. & TAX. Existing law, until January 1, 2016, authorizes a tenant to notify the landlord in writing that he or she or a household member, as defined, was a victim of an act of domestic violence or sexual assault and that the tenant intends to terminate the tenancy. Existing law requires that the tenant attach to the notice to terminate a tenancy a copy of a temporary restraining order or protective order that protects the tenant or household member from further domestic violence or sexual assault or to attach a report by a peace officer stating that the tenant or household member has filed a report alleging he or she or the household member is a victim of domestic violence or sexual assault. This bill would extend these provisions indefinitely and would reduce the time limit for a tenant to give a notice of intent to vacate to the landlord under these provisions from 30 days to 14 days. Would allow, for taxable years beginning on or after January 1, 2016, and before January 1, 2021, a tax credit under both the Personal Income Tax Law and the Corporation Tax Law in an amount equal to 30% of the qualified costs paid or incurred by a qualified taxpayer for any seismic retrofit construction on a qualified building, as defined. This bill contains other related provisions. 1 of 10

9 AB 447 Maienschein R Property insurance: discrimination. 3/5/2015-Referred to Com. on INS. Current law provides that sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, or sexual orientation shall not, of itself, constitute a condition or risk for which a higher rate, premium, or charge may be required of the insured. This bill would add certain other classifications and facts relating to the insured or the insured property to the categories that may not be used by an insurer for the purposes described above. AB 551 Nazarian D Rental property: bed bugs. 4/6/2015-Re-referred to Com. on JUD. Would prescribe the duties of landlords and tenants with regard to the treatment and control of bed bugs. The bill would require a landlord to provide a prospective tenant, on and after July 1, 2016, and to all other tenants by January 1, 2017, information about bed bugs, as specified. The bill would prohibit a tenant from knowingly bringing items onto a property and would require a tenant who finds a bed bug infestation to notify his or her landlord within 7 days if he or she finds or reasonably suspects a bed bug infestation. AB 555 Alejo D Civil actions. 4/13/2015-Passed Assembly; in Senate. Current law establishes procedures for conducting expedited jury trials in civil cases where the parties sign a consent order to stipulate that those procedures apply. Pursuant to these procedures, all parties agree to waive all rights to appeal and to move for a directed verdict or to make any posttrial motions, except as provided. Current law repeals these provisions on January 1, This bill would delete that repeal date, thereby extending the operation of these provisions indefinitely. AB 687 AB 697 AB 1002 Wilk R Chu D Wilk R 3/19/2015-In Judiciary Contracts: committee: Hearing liquidated damages. postponed by committee. Personal income tax: credits: senior citizen renters. Civil actions: interpreter costs. 4/6/2015-Re-referred to Com. on REV. & TAX. 4/15/2015-In Judicairy committee: Hearing postponed by committee. Would provide that if parties to a pending action stipulate for settlement of an action, as specified, a provision of the stipulation liquidating damages for breach of the stipulation is valid unless the party seeking to invalidate the liquidated damages provision establishes that the amount of liquidated damages exceeds the damages, interest, recoverable costs, and reasonable attorney's fees sought in the action. Would allow, for each taxable year beginning on or after January 1, 2016, and before January 1, 2019, a credit in an amount equal to the increase in rent of a qualified residence in specified counties for the taxable year compared to the previous taxable year that is paid or incurred by a qualified taxpayer, which is defined as a senior citizen meeting a certain low-income requirements. Current law enumerates costs that a prevailing party in a civil action may recover. Current law allows a prevailing party to recover court interpreter fees if the court authorized the use of a qualified court interpreter for an indigent person represented by a qualified legal services project. This bill would allow a prevailing party to recover court interpreter fees without this condition. AB 1128 Jones-Sawyer D Water conservation. 3/2/2015-Read first time. Current law declares the intent of the Legislature to, among other things, promote urban water conservation standards that are consistent with the California Urban Water Conservation Council's adopted best management practices and specified requirements for demand management. This bill would make nonsubstantive changes to these findings and declarations. AB 1141 AB 1220 Harper R Chau D Civil actions. Transient occupancy taxes: residential shortterm rentals units. 4/7/2015-Re-referred to Com. on JUD. 4/14/2015-In Local Gov. committee. Current law provides that a motion for summary adjudication shall be granted only if it completely disposes of a cause of action, affirmative defense, claim for damages, or issue of duty. This bill would allow a motion for summary adjudication that does not completely dispose of a cause of action, affirmative defense or issue of duty if the parties whose claims or defenses are put at issue by the motion jointly stipulate as to the issue or issues to be adjudicated and declare that a ruling on the motion would further the interest of judicial economy, and if the court grants the motion, having considered any timely objections made by nonstipulating parties. Would prohibit a legislative body of a local agency, defined to mean any city, county, city and county, including any chartered city, county, or city and county, from levying a tax on the privilege of occupying a residential short-term rental unit, as defined. This bill contains other related provisions. 2 of 10

10 AB 1229 Campos D Senior Citizen Rent Increase Exemption Program. 4/13/2015-Re-referred to Com. on REV. & TAX. The Costa-Hawkins Rental Housing Act, prescribes statewide limits on the application of local rent control with regard to certain properties, including those that have a certificate of occupancy issued after February 1, This bill would permit an eligible head of household, on and after April 1, 2016, to apply annually to the appropriate local rent control board, to be defined as a supervising agency, for a rent increase exemption order and, if the relevant criteria are met, would require the agency to issue the order to the head of household, with a copy to his or her landlord along with information on the right to claim a related tax credit. By increasing the duties of local officials, the bill would impose a state-mandated local program. AB 1331 AB 1429 SB 7 SB 140 SB 160 SB 188 SB 328 Wolk D Chiu D Obernolte R Hueso D Hancock D Nielsen R Leno D CARE program: income verification. Earthquake loss mitigation: grant programs. Housing: water meters: multiunit structures. Electronic cigarettes. Military and veterans. Municipal utility district: utility charges: delinquencies. Landlords: notice of pesticide use. 3/23/2015-Referred to Com. on U. & C. 4/6/2015-Re-referred to Com. on INS. 4/15/2015-Passed Trans & Housing and re-refer to Com. on APPR. 4/13/2015-Passed Senate Health, referred to Com. on APPR. 2/19/2015-Referred to Com. on RLS. 4/14/2015-Referred to Com. on JUD. 3/5/2015-Referred to Com. on JUD. Would provide that the California Alternate Rates for Energy program participants who fail to respond to an income verification request shall be permanently barred from self-certified reenrollment in the CARE program. This bill contains other related provisions and other existing laws. Would require the California Earthquake Authority to establish a grant program, administered by a joint powers authority of the authority and the Office of Emergency Services, that would give a grant to a qualifying applicant who owns a residential structure that contains between 5 and 10 dwelling units for the purpose of paying a portion of the cost of seismic retrofit work to the structure, as specified. This bill would require the authority and the office to jointly adopt regulations necessary to implement the grant program, to establish eligibility criteria for participation in the grant program, and to establish criteria for determining the amount of a grant awarded under the grant program. Would express the intent of the Legislature to encourage the conservation of water in multifamily residential rental buildings through means either within the landlord's or the tenant's control, and to ensure that the practices involving the submetering of dwelling units for water service are just and reasonable, and include appropriate safeguards for both tenants and landlords. It is expected that provisions to establish rights and responsibilites with regard to landlord-operated submeters will be added to the bill. Would define the term "smoking" for purposes of the STAKE Act. The bill would also change the STAKE Act's definition of tobacco products to include electronic devices, such as electronic cigarettes, that deliver nicotine or other vaporized liquids, and make furnishing such a tobacco product to a minor a misdemeanor. This bill contains other related provisions, including adding electronic cigarettes to current landlord-tenant law on smoking prohibitions. Current law authorizes specified members of the United States Military Reserve or the National Guard who are called to active duty to defer payments on certain obligations while serving on active duty. This bill would make technical, nonsubstantive changes to those provisions. The Municipal Utility District Act authorizes a municipal utility district (of which East Bay MUD is one), by resolution or ordinance, to require the owner of record of privately owned real property within the district to pay the fees, tolls, rates, rentals, or other charges for certain utility services rendered to a lessee, tenant, or subtenant, and provides that those charges that have become delinquent, together with interest and penalties, are a lien on the property when a certificate is filed by the district in the office of the county recorder and that the lien has the force, effect, and priority of a judgment lien. This bill would extend the operation of these provisions indefinitely. Current law requires a landlord of a residential dwelling unit to provide a new tenant with certain disclosures, including, but not limited to, specified notice from a registered structural pest control company regarding the use of pesticides at the dwelling unit if a contract for periodic pest control service has been executed. This bill would require the landlord or the landlord's authorized agent, as defined, to provide a current tenant with specified notice of the use of pesticides at the dwelling unit if the landlord or authorized agent applies any pesticide without a licensed pest control operator. 3 of 10

11 SB 364 SB 383 SB 470 SB 761 SB 775 Leno D Wieckowski D Jackson D Hall D Allen D Residential real 4/15/2015-Failed 5-6 in property: withdrawal Trans & Housing. of accommodations. Reconsideration granted. Civil actions: objections to pleadings. Civil actions: summary judgment. Advertising: Internet private residence rental listings: notice. Tenancy: deposits. 4/9/2015-Re-referred to Com. on JUD. 4/14/2015-Do pass as amended. To Consent Calendar. 4/9/2015-Re-referred to Com. on JUD. 3/19/2015-Referred to Com. on RLS. Codes/Building Standards; Health & Safety AB 514 AB 723 Williams D Rendon D Ordinances: violations: fines. Plumbing fixtures: WaterSense standards. 3/5/2015-Referred to Com. on L. GOV. 3/12/2015-Referred to Com. on H. & C.D. The Ellis Act, generally prohibits public entities from adopting any statute, ordinance, or regulation, or taking any administrative action, to compel the owner of residential real property to offer or to continue to offer accommodations, as defined, in the property for rent or lease. This bill would authorize the City and County of San Francisco to prohibit an owner of accommodations from filing a notice of an intent to withdraw accommodations or prosecuting an action to recover possession of accommodations, or threatening these actions, unless all the owners of the accommodations have been owners of record for 5 continuous years or more, except as specified, or with respect to property that the owner acquired within 10 years after providing notice of an intent to withdraw accommodations at a different property. Would require a party to meet and confer with an opposing party, as specified, before filing a demurrer. This bill would permit a party who is unable to fulfill this requirement to file a declaration with the court evidencing his or her good faith attempt to meet and confer, and it would require the court, upon receipt of a timely declaration demonstrating good cause, to grant a 30-day extension to the filing party to file a responsive pleading. This bill would also permit a court to grant an additional extension of time upon a showing of good cause. Would authorize a court, in its discretion, to rule only on objections made to evidence that is material to the disposition of the motion for summary judgment. The bill would provide that any objection not ruled on for purposes of the motion for summary judgment would be preserved on appeal. This bill contains other related provisions. Would require an operator of an online platform or Internet Web site that in any manner facilitates the rental of real property located within the state offered by an occupant of that real property as a vacation or other temporary living space to provide a specific notice to that occupant that states, among other things, that listing or offering the property on the Internet Web site could result in eviction if the occupant does not have the property owner's permission. This bill would require the notice to be in a particular font size and provided immediately before the occupant commits to offer each real property on the Internet Web site in a manner that requires the occupant to interact with the Internet Web site to affirmatively acknowledge he or she has read the notice. This bill would define terms for its purposes. This bill would state the intent of the Legislature to enact legislation that would clarify when a landlord or his or her agent agrees that a tenant's payment for rent or deposit for security is accepted or rejected. Would eliminate specified fine amounts for violations of local building and safety code ordinances determined to be an infraction and instead require a maximum fine or penalty amount for a violation of those local building and safety ordinances to be established by ordinance that is subject to specified requirements. By requiring cities and counties to establish these fine or penalty amounts by ordinance, the bill would impose a state mandated local program. This bill contains other related provisions and other existing laws. Would, beginning January 1, 2017, prohibit manufacturers selling water closets, urinals, bathroom faucets, and shower heads from installing or selling any of the aforementioned plumbing fixtures that do not meet WaterSense standards set by the federal Environmental Protection Agency, as specified. The bill would require these manufacturers, by January 30 of each year, to inform, in writing, the California Energy Commission, the department, and the California Building Standards Commission of the number of WaterSense certified models it is offering for sale that year as compared to the years 2010 to 2014, inclusive. 4 of 10

12 AB 793 AB 802 SB 602 SB 655 SB 768 Quirk D Williams D Monning D Mitchell D Wieckowski D Fair Housing Energy efficiency. Public utilities: energy efficiency savings. Seismic safety: California Earthquake Authority. Housing standards: mold. Water-conserving plumbing fixtures. Passed U & C Com. and rerefer to Com. on APPR. (Ayes 14. Noes 0.) (April 13). 4/13/2015-Referred to Com. on U. & C. Passed Ins. Com. and rerefer to Com. on GOV. & F.(Ayes 7. Noes 0.) (April 8). 4/14/2015-Re-referred to Com. on T. & H. 3/19/2015-Referred to Com. on RLS. Current law requires the Public Utilities Commission to require an electrical or gas corporation to perform home weatherization services for low-income customers, if the commission determines that a significant need for those services exists in the corporation's service territory. For these purposes, existing law authorizes weatherization, where feasible, to include certain measures for a dwelling unit. This bill would require weatherization, for the above-specified purposes, to include home energy management technology, as defined, determined by the commission to be feasible, taking into consideration the abovedescribed factors. Current law requires the PUC, in consultation with the Energy Commission, to identify all potentially achievable cost-effective natural gas efficiency savings and to establish efficiency targets for gas corporations to achieve, and requires that a gas corporation first meet, its unmet resource needs through all available gas efficiency and demand reduction resources that are cost effective, reliable, and feasible. This bill would require the PUC, in evaluating the cost-effectiveness of those efficiency savings, to consider the total energy savings to be the difference between the energy usage after the installation of the energy efficiency measure funded by ratepayer-funded incentives or rebates and the energy usage without that energy efficiency measure. Current law provides that a public purpose will be served by a voluntary contractual assessment program that provides the legislative body of a public agency with the authority to finance the installation of seismic strengthening improvements that are permanently fixed to residential, commercial, industrial, agricultural, or other real property. For purposes of financing the installation of seismic strengthening improvements, "public agency" means a city, county, or city and county. This bill would include the California Earthquake Authority as part of the definition of "public agency" for this purpose. The State Housing Law, which is administered by the Department of Housing and Community Development, prescribes standards for buildings used for human habitation and establishes definitions for this purpose. The law provides that a building, or a portion of it, in which certain conditions are found to exist, such as a lack of sanitation, as specified, is substandard. The law provides that a violation of these provisions is a misdemeanor. This bill would specify that visible or otherwise demonstrable mold growth, excepting mold caused by inadequate housekeeping practices or failure to use ventilation, is a type of inadequate sanitation and therefore a substandard condition. Current law requires the replacement of plumbing fixtures that are not water conserving, as defined as noncompliant plumbing fixtures, in residential and commercial real property built and available for use on or before January 1, 1994, as specified. Current law provides findings and declarations regarding these requirements, including that there is a pressing need to address water supply reliability issues caused by growing urban areas. This bill would make technical, nonsubstantive changes to these findings and declarations. AB 201 Brough R Registered sex offenders: local ordinances. 2/9/2015-Referred to Coms. on L. GOV. and PUB. S. Would state that a local agency is not preempted by state law from enacting and enforcing an ordinance that restricts a registered sex offender from residing or being present at certain locations within the local agency's jurisdiction. The bill would authorize a local agency to adopt ordinances, rules, or regulations that are more restrictive than state law relating to a registered sex offender's ability to reside or be present at certain locations within the local agency's jurisdiction. AB 262 Lackey R Sex offenders. 4/6/2015-Re-referred to Com. on PUB. S. Would provide that a person who has been convicted and adjudicated as a sexually violent predator may only reside in a dwelling or abode that is within 10 miles of a permanent physical police or sheriff station that has jurisdiction over the location and has 24 -hour -a -day peace officer staffing on duty and available to respond to calls for service. 5 of 10

13 AB 396 Jones-Sawyer D Housing discrimination: criminal record. 3/5/2015-Referred to Com. on H. & C.D. Would include a criminal record as a basis upon which housing discrimination is prohibited. The bill would specify that the prohibition is qualified by a requirement to the contrary in federal law. The bill would provide that criminal record includes a record regarding arrests and detentions that did not result in a conviction, as specified. The bill make technical, correctional changes. AB 838 SB 267 SB 600 Pan D Leyva D Brough R Recovery houses. Registered sex offenders: local ordinances. Discrimination. 4/9/2015-Re-referred to Com. on Health. 4/15/2015-Passed Gov. & F, re-refer to the Committee on Public Safety. 4/9/2015-Re-referred to Com. on JUD. Would require a recovery house that is owned or operated, as defined, by a community care facility licensed pursuant to the California Community Care Facilities Act and that functions as an integral component of that community care facility to be deemed a facility that provides treatment or services under the license of the community care facility. The bill would subject a facility under that license to the inspection and enforcement provisions of the act. This bill contains other related provisions and other existing laws. Would state that a local agency is not preempted by state law from enacting and enforcing an ordinance that restricts a registered sex offender who is required to register for an offense committed against a minor from residing or being present at schools, parks, day care centers, or other locations where children regularly gather within the local agency's jurisdiction. The bill would authorize a local agency to adopt ordinances, rules, or regulations that are more restrictive than state law relating to a registered sex offender's ability to reside or be present at those locations within the local agency's jurisdiction if the person is required to register for an offense committed against a minor. Would extend the protections of the Unruh Civil Rights Act to persons regardless of citizenship, primary language, or immigration status. Homelessness AB 72 AB 702 AB 718 AB 870 Cooley D Chu D Maienschein R Bo onta D Medi-Cal: 4/15/2015-Passed Health, demonstration to floor. (Ayes 16. Noes 0.) Spot bill for California's 1115 Medicaid waiver, which will include supportive housing provisions. project. (April 15). CalWORKs: temporary shelter assistance. Vehicles: parking citations and impoundment. Homelessness: rapid re-housing. Passed Hum. Srv. and rerefer to Com. on APPR. (Ayes 7. Noes 0.) (April 14) 4/6/2015-Re-referred to Com. on TRANS. 4/6/2015-Re-referred to Com. on H. & C.D. Current law, with certain exceptions, provides eligible families with homeless assistance, including temporary shelter assistance for one period of up to 16 consecutive calendar days. This bill would eliminate the requirement that the temporary assistance be provided during one period of consecutive days, and instead would limit the temporary assistance to a maximum of 16 calendar days. This bill would require the State Department of Social Services to issue an all-county letter or similar instructions by April 1, 2016, and to adopt regulations to implement the provisions of the bill by July 1, Would prohibit a peace officer or an employee of a city or county from issuing a parking citation to the owner or person in control of a vehicle, or from impounding a vehicle, on the basis that the owner or other person is sleeping in the vehicle, if the vehicle is otherwise lawfully parked. Would establish a pilot program within the Department of Housing and Community Development for awarding grants to counties that operate a rapid rehousing program. The bill would require the department to select 4 counties to receive these grant funds, giving priority to counties with existing programs that have demonstrated effectiveness in providing supporting housing for homeless individuals and veterans. This bill would continuously appropriate $1 million from the General Fund to the department and require the department to distribute $250,000 of this money to each of the 4 counties. 6 of 10

14 AB 983 AB 1036 AB 1225 AB 1228 AB 1327 Dahle R Gipson D Weber D Quirk D Mathis R Veterans courts. Notaries public: acceptance of identification. Housing: former nonminor dependents: homeless youth. 4/6/2015-Re-referred to Coms. on PUB. S. and V.A. pursuant to Assembly Rule 96. 4/15/2015-In Judiciary committee: Hearing postponed by committee. 3/23/2015-Referred to Com. on HUM. S. Campus housing: 3/23/2015-Referred to priority for homeless Com. on HIGHER ED. youth. Foster care: transitional housing. 3/23/2015-Referred to Com. on HUM. S. Would require superior courts to develop and implement veterans courts for eligible veterans of the United States military with the objective of, among other things, creation of a dedicated calendar or a locally developed collaborative court-supervised veterans mental health program or system that leads to the placement of as many mentally ill offenders who are veterans of the United States military, including those with post-traumatic stress disorder, traumatic brain injury, military sexual trauma, substance abuse, or any mental health problem stemming from military service, in community treatment as is feasible and consistent with public safety. Current law relating to property transfers specifies certain documents as allowable forms of identification for a credible witness, who, by oath or affirmation, attests to the identity of an individual executing a written instrument in the presence of, and acknowledged by, a notary public. This bill would also make any form of inmate identification that is current or has been issued within 5 years by a sheriff's department, if the inmate is in custody in a local detention facility, an allowable form of identification for a credible witness to prove the identity of an individual who executes a written instrument. Current law makes transitional housing available to any foster child who is at least 16 years of age and not more than 18 years of age who is eligible for AFDC-FC benefits, any nonminor dependent who is eligible for AFDC-FC benefits, and any former foster youth who is at least 18 years of age and not more than 24 years of age who has exited from the foster care system and has elected to participate in the Transitional Housing Program-Plus, as defined, if he or she has not received services pursuant to these provisions for more than a total of 24 months. This bill would additionally make transitional housing available to any former nonminor dependent with special needs and any homeless youth. Current law requests the Regents of the University of California and the Trustees of the California State University to explore methods of using the admissions-by-exemption category to assist the transition of students in foster care into 4-year public institutions of higher education. This bill would request the regents and the trustees to provide that assistance to students who are homeless youth. Transitional housing may, if the State Department of Social Services provides approval, include programs in which a participant lives independently in certain types of housing owned or leased by provider under the supervision of the provider. This bill would delete the requirement that the housing be owned or leased by the provider and would instead require that a provider be responsible for the payment of any contracted rental fees and any penalties for late payment to the property owner. AB 1399 Baker R Corporation tax law: credits: domestic violence shelters. 4/13/2015-In Rev & Tax committee: Referred to suspense file. Would, for taxable years beginning on or after January 1, 2016, and before January 1, 2021, allow a credit against the tax imposed under the Corporation Tax Law for 50% of monetary contributions to a domestic violence shelter service provider or emergency shelter, as defined, eligible to receive a grant award or financial and technical assistance pursuant to that program. The bill would provide that the credit would not exceed $200,000 per taxpayer, that the credit would be awarded on a firstcome-first-serve basis, and that the credit would have an aggregate cap of $50,000,000 for each calender year. AB 1403 Maienschein R Housing: joint powers agreement. 4/8/2015-Re-referred to Com. on H. & C.D. Would provide that a private, nonprofit corporation that provides services to homeless persons or for the prevention of homelessness may form a joint powers agency or enter into a joint powers agreement with a public agency for the purpose of providing frequent user coordinated care housing services, defined by to mean housing combined with other supportive services for homeless persons identified by a city or county as the most costly, frequent users of publicly funded emergency services. 7 of 10