How AB 2005 changes current law

Housing developments: urban lot split: owner-occupancy. · California

How this bill changes current law

1 change

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This bill amends 1 section(s) of the California codes: Section 66411.7 of the Government Code.

  • Section 66411.7 of the Government Code

    applicant require, as a condition of sale to a home buyer, all of the following shall be required: (I)The local agency shall record a notice of the owner-occupancy requirement on both resulting parcels as a condition of ministerial approval of the parcel map for an urban lot split.(II)A parcel or unit being purchased shall be subject to a recorded deed restriction imposing the owner-occupancy requirement on any subsequent home buyer who purchases the parcel or unit during the three-year period specified in this clause.(III)The home buyer shall record a notice of owner-occupancy as a condition to acquiring title to a parcel or unit. The notice shall state that the home buyer, and any subsequent home buyer who purchases the parcel or unit during the three-year period specified in this clause, shall be required to occupy the parcel or unit or designate the parcel or unit as their primary residence. the managing or authorized member, who is a natural person, of a limited liability company or the trustee or beneficiary of a living trust the managing or authorized member of who is the managing or authorized member of who (1) (2)A local agency shall not adopt or impose any requirement, process, practice, or procedure, or undertake any course of conduct, that applies to a project solely or partially on the basis that the project is an urban lot split, including, but not limited to, restricting the eligibility of an applicant of an urban lot split. applicant require, as a condition of sale to a home buyer, all of the following shall be required: (I)The local agency shall record a notice of the owner-occupancy requirement on both resulting parcels as a condition of ministerial approval of the parcel map for an urban lot split.(II)A parcel or unit being purchased shall be subject to a recorded deed restriction imposing the owner-occupancy requirement on any subsequent home buyer who purchases the parcel or unit during the three-year period specified in this clause.(III)The home buyer shall record a notice of owner-occupancy as a condition to acquiring title to a parcel or unit. The notice shall state that the home buyer, and any subsequent home buyer who purchases the parcel or unit during the three-year period specified in this clause, shall be required to occupy the parcel or unit or designate the parcel or unit as their primary residence. the managing or authorized member, who is a natural person, of a limited liability company or the trustee or beneficiary of a living trust the managing or authorized member of who is the managing or authorized member of who (1) (2)A local agency shall not adopt or impose any requirement, process, practice, or procedure, or undertake any course of conduct, that applies to a project solely or partially on the basis that the project is an urban lot split, including, but not limited to, restricting the eligibility of an applicant of an urban lot split. → applicant, which may also include a trustee of a living trust of a natural person or a limited liability company of a natural person, require a home buyer of a parcel or unit designated by the applicant to satisfy the owner-occupancy requirement shall provide to the applicant an affidavit or declaration, under penalty of perjury, stating that the home buyer intends to occupy the parcel or unit as the home buyer’s primary residence for three years beginning on the date of the conveyance. An applicant may reasonably rely on an affidavit or declaration provided pursuant to this clause. A failure to comply with this clause shall not invalidate any transfer of title or affect the validity of the parcel. a trustee of a living trust of a natural person or a limited liability company that is that of applicant, which may also include a trustee of a living trust of a natural person or a limited liability company of a natural person, require a home buyer of a parcel or unit designated by the applicant to satisfy the owner-occupancy requirement shall provide to the applicant an affidavit or declaration, under penalty of perjury, stating that the home buyer intends to occupy the parcel or unit as the home buyer’s primary residence for three years beginning on the date of the conveyance. An applicant may reasonably rely on an affidavit or declaration provided pursuant to this clause. A failure to comply with this clause shall not invalidate any transfer of title or affect the validity of the parcel. a trustee of a living trust of a natural person or a limited liability company that is that

    amended

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