AB 948 — Bureau of Real Estate Appraisers: disclosures: demographic information: reporting: continuing education.

Summary

Existing law, the Real Estate Appraisers' Licensing and Certification Law, creates a Bureau of Real Estate Appraisers within the Department of Consumer Affairs to administer and enforce that law. Existing law requires the protection of the public to be the highest priority for the bureau in exercising its licensing, regulatory, and disciplinary functions. This bill, among other things, would require the bureau to place on an existing complaint form a check box asking if the complainant believes that the opinion of the value of the real estate is below market value. The bill would also require the bureau to collect specified demographic information, voluntarily provided, regarding sellers, those seeking to refinance, buyers, or an authorized representative in real estate transactions making a complaint. The bill would require the bureau to compile the collected demographic information and report that information to the Legislature on or before July 1, 2024. This bill would prohibit a licensee from basing their appraisal of the market value of a property on the basis of race, color, religion, gender, gender expression, age, national origin, disability, marital status, source of income, sexual orientation, familial status, employment status, or military status of either the present or prospective owners or occupants of the subject property, or of the present owners or occupants of the properties in the vicinity of the subject property, or on any other basis prohibited by the federal Fair Housing Act. Existing law requires the Chief of the Bureau of Real Estate Appraisers to adopt regulations governing the process and procedures for applying for a license, including education and experience equivalency, and for renewal of a license, including, but not limited to, continuing education requirements on a 4-year cycle. This bill would require, beginning January 1, 2023, an applicant to complete at least one hour of instruction in cultural competency, as defined. The bill, as part of the continuing education requirement in order to renew a license or restore a license to active status, would require for each licensee renewing on or after January 1, 2023, at least 2 hours of elimination of bias training. Beginning January 1, 2023, a licensee would be required to complete at least one hour of instruction in cultural competency every 4 years. Existing law requires that specified disclosures be made upon transfer by sale, exchange, real property sales contract, lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements, of any single-family residential property. This bill, after July 1, 2022, would require that every contract for the sale of single-family residential real property contain a notice stating that any appraisal of the property is required to be unbiased, objective, and not influenced by improper or illegal considerations. The bill would require the notice to include information regarding reporting biased appraisals to the financial institution or mortgage broker that hired the appraiser or the Bureau of Real Estate Appraisers. The bill would also require the notice to be delivered by a licensed person, as defined, refinancing a first lien purchase money loan secured by residential real property containing no more than 4 dwelling units either prior to, or with, the loan estimate or the mortgage loan disclosure statement. Existing law, the California Fair Employment and Housing Act, prohibits housing discrimination, including discrimination through public or private land use practices, decisions, or authorizations, and based on specified personal characteristics. Existing law makes it unlawful for any person or other organization or entity whose business involves real estate-related transactions to discriminate against any person in making available a transaction, or in the terms and conditions of a transaction, because of specified personal characteristics. This bill would make it unlawful for any person or other entity whose business includes performing appraisals of residential real property to discriminate against any person in making available those services, or in the performance of those services, because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, source of income, disability, genetic information, veteran or military status, or national origin.

Bill Text

• Chaptered 09/28/21 - Chaptered Current pdf September 28, 2021
• Enrolled 09/09/21 - Enrolled pdf September 09, 2021
• Amended 08/26/21 - Amended Senate pdf August 26, 2021
• Amended 07/15/21 - Amended Senate pdf July 15, 2021
• Amended 05/27/21 - Amended Assembly pdf May 27, 2021
• Amended 05/24/21 - Amended Assembly pdf May 24, 2021
• Amended 04/14/21 - Amended Assembly pdf April 14, 2021
• Amended 03/04/21 - Amended Assembly pdf March 04, 2021
• Introduced 02/17/21 - Introduced pdf February 17, 2021
• AB948 View text html

Action History

1. September 28, 2021

   Chaptered by Secretary of State - Chapter 352, Statutes of 2021.

2. September 28, 2021

   Approved by the Governor.

3. September 13, 2021

   Enrolled and presented to the Governor at 3 p.m.

4. September 07, 2021

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 72. Noes 0. Page 2832.).

5. September 02, 2021

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 4 pursuant to Assembly Rule 77.

6. September 02, 2021

   Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 1. Page 2341.).

7. August 30, 2021

   Read second time. Ordered to third reading.

8. August 26, 2021

   Read second time and amended. Ordered returned to second reading.

9. August 26, 2021

   From committee: Amend, and do pass as amended. (Ayes 6. Noes 1.) (August 26).

10. August 23, 2021

    In committee: Referred to APPR suspense file.

11. July 15, 2021

    Read second time and amended. Re-referred to Com. on APPR.

12. July 14, 2021

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 1.) (July 13).

13. June 30, 2021

    From committee: Do pass and re-refer to Com. on JUD. (Ayes 12. Noes 1.) (June 30). Re-referred to Com. on JUD.

14. June 16, 2021

    Referred to Coms. on B., P. & E.D. and JUD.

15. June 02, 2021

    In Senate. Read first time. To Com. on RLS. for assignment.

16. June 01, 2021

    Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 1775.)

17. May 27, 2021

    Read third time and amended. Ordered to third reading. (Page 1640.)

18. May 27, 2021

    Assembly Rule 69(b) suspended. (Ayes 58. Noes 17. Page 1581.)

19. May 25, 2021

    Read second time. Ordered to third reading.

20. May 24, 2021

    Read second time and amended. Ordered returned to second reading.

21. May 20, 2021

    From committee: Amend, and do pass as amended. (Ayes 16. Noes 0.) (May 20).

22. May 12, 2021

    In committee: Set, first hearing. Referred to APPR. suspense file.

23. April 28, 2021

    From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 19. Noes 0.) (April 27). Re-referred to Com. on APPR.

24. April 15, 2021

    Re-referred to Com. on B. & P.

25. April 14, 2021

    From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended.

26. March 08, 2021

    Re-referred to Com. on B. & P.

27. March 04, 2021

    From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended.

28. February 25, 2021

    Referred to Com. on B. & P.

29. February 18, 2021

    From printer. May be heard in committee March 20.

30. February 17, 2021

    Read first time. To print.

Sponsors

• Holden · Primary
• Friedman · Cosponsor
• Min · Cosponsor

Votes

Subjects