California 2021-2022 Regular Session Status: Enacted 1 D cosponsors

AB 838 — State Housing Law: enforcement response to complaints.

Last action — Chaptered by Secretary of State - Chapter 351, Statutes of 2021.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 17, 2021. Enacted.

Prognosis

Likely to advance 74% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 10 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law, the State Housing Law, a violation of which is a crime, establishes statewide construction and occupancy standards for buildings used for human habitation. Existing law authorizes a city or county to designate and charge a specified department or officer with the enforcement of the State Housing Law, the building standards published in the California Building Standards Code, or any other rules and regulations adopted pursuant to the State Housing Law for the protection of the public health, safety, and general welfare. Existing law deems a building, portion of a building, or premises on which a building is located to be a substandard building if any one of specified conditions exists to the extent that it endangers the life, limb, health, property, safety, or welfare of the public or its occupants. Existing law deems a building, portion of a building, or premises on which a building is located to be in violation of the State Housing Law if it contains lead hazards, as specified, that are likely to endanger the health of the public or the occupants. This bill would, beginning July 1, 2022, require a city or county that receives a complaint of a substandard building or a lead hazard violation, as described above, from a tenant, resident, or occupant, or an agent of a tenant, resident, or occupant, except as specified, to inspect the building, portion of the building intended for human occupancy, or premises of the building, document the lead hazard violations that would be discovered based upon a reasonably competent and diligent visual inspection of the property, and identify any building, portion of a building intended for human occupancy, or premises on which such a building is located that is determined to be substandard, as applicable. The bill would require the city or county, as applicable, to advise the owner or operator of each violation and of each action that is required to be taken to remedy the violation and to schedule a reinspection to verify correction of the violations. The bill would require a city or county to provide free, certified copies of an inspection report and citations issued, if any, to the complaining tenant, resident, occupant, or agent, and to all potentially affected tenants, residents, occupants, or the agents of those individuals, as specified. The bill would prohibit the inspection or the report from being subject to any unreasonable conditions, as specified, and prohibit a city, county, or city and county from collecting a fee, cost, or charge from a property owner or property owner's agent for any inspection of, or any inspection report about, that owner's or agent's property that is conducted or issued pursuant to the bill's provisions, unless the inspection reveals one or more material lead hazard violations or deems and declares the property substandard, as described above. The bill would prohibit a city or county from unreasonably refusing to communicate with a tenant, resident, occupant, or agent regarding a matter covered by this bill. By imposing new duties on local government officials, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for specified reasons.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 351, Statutes of 2021.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 51. Noes 20. Page 2738.).

  5. Assembly Rule 77 suspended. (Ayes 57. Noes 14. Page 2703.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 3 pursuant to Assembly Rule 77.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 26. Noes 10. Page 2296.).

  8. Read second time. Ordered to third reading.

  9. From committee: Do pass. (Ayes 5. Noes 2.) (August 26).

  10. In committee: Referred to suspense file.

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

  12. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (July 8).

  13. Re-referred to Com. on GOV. & F.

  14. From committee: Do pass and re-refer to Com. on RLS. (Ayes 6. Noes 1.) (July 1). Re-referred to Com. on RLS.

  15. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HOUSING.

  16. In committee: Set, first hearing. Hearing canceled at the request of author.

  17. Referred to Com. on HOUSING.

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

  19. Read third time. Passed. Ordered to the Senate. (Ayes 45. Noes 18. Page 1357.)

  20. Read second time. Ordered to third reading.

  21. From committee: Do pass. (Ayes 12. Noes 4.) (April 28).

  22. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (April 15). Re-referred to Com. on APPR.

  23. Re-referred to Com. on H. & C.D.

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

  25. Referred to Com. on H. & C.D.

  26. From printer. May be heard in committee March 20.

  27. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on · 17 voted No

Sponsors (1)

  • Friedman

Co-sponsors (1)

Not signed on (120)

120 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Votes

Do pass and be re-referred to the Committee on [Appropriations]

Passed 9 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 2000
Democratic 7000
Total 9000
% of votes cast 100%0%0%0%
How each member voted (9)
Member Party Vote
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Connolly, Damon Democratic Yea
Lee, Alex Democratic Yea
McKinnor, Tina Democratic Yea
Pacheco, Blanca Democratic Yea
Zbur, Rick Chavez Democratic Yea
Hoover, Josh Republican Yea
Ta, Tri Republican Yea

Official roll call →

AB 838 Friedman Concurrence in Senate Amendments

Passed 51 Yea · 20 Nay · 8 Other
Party YeaNayPresentNot Voting
Democratic 22103
Unaffiliated 291005
Republican 0900
Total 512008
% of votes cast 65%25%0%10%
How each member voted (79)
Member Party Vote
Bloom — Yea
Friedman — Yea
Chiu — Yea
Mullin — Yea
Holden — Yea
Villapudua — Yea
Salas — Yea
Jones-Sawyer — Yea
Santiago — Yea
Maienschein — Yea
Rodriguez — Yea
Quirk — Yea
Wood — Yea
Nazarian — Yea
Ting — Yea
Low — Yea
Levine — Yea
Waldron — Yea
Medina — Yea
McCarty — Yea
Gray — Yea
Burke — Yea
Chau — Yea
Voepel — Nay
Cooley — Nay
Mathis — Nay
Bigelow — Nay
Kiley — Nay
Mayes — Nay
Smith — Nay
Cunningham — Nay
O'Donnell — Not Voting
Cooper — Not Voting
Rendon — Not Voting
Frazier — Not Voting
Daly — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Lorena Gonzalez — Yea
Luz Rivas — Yea
Mark Stone — Yea
Vince Fong — Nay
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Not Voting
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Not Voting
Petrie-Norris, Cottie Democratic Nay
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Not Voting
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Nay
Seyarto, Kelly Republican Nay
Valladares, Suzette Martinez Republican Nay

Official roll call →

3rd Reading AB838 Friedman et al. By Durazo

Passed 26 Yea · 10 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 15602
Democratic 11002
Republican 0400
Total 261004
% of votes cast 65%25%0%10%
How each member voted (40)
Member Party Vote
Gonzalez — Yea
Hertzberg — Yea
Atkins — Yea
Roth — Yea
Skinner — Yea
Dodd — Yea
Kamlager — Yea
Newman — Yea
Leyva — Yea
Hueso — Yea
Pan — Yea
Portantino — Yea
Wieckowski — Yea
Eggman — Yea
Bradford — Yea
Bates — Nay
Melendez — Nay
Wilk — Nay
Nielsen — Nay
Borgeas — Nay
Min — Nay
Rubio — Not Voting
Glazer — Not Voting
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Not Voting
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Not Voting
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Ochoa Bogh, Rosilicie Republican Nay

Official roll call →

Do pass

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Democratic 2000
Unaffiliated 3100
Republican 0100
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Kamlager — Yea
Portantino — Yea
Bradford — Yea
Bates — Nay
Laird, John Democratic Yea
McGuire, Mike Democratic Yea
Jones, Brian W. Republican Nay

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Republican 1000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bradford — Yea
Bates — Yea
Portantino — Yea
Wieckowski — Yea
Kamlager — Yea
Laird, John Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass, but first be re-referred to the Committee on [Rules]

Passed 6 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 4001
Unaffiliated 2100
Republican 0001
Total 6102
% of votes cast 67%11%0%22%
How each member voted (9)
Member Party Vote
Skinner — Yea
Wieckowski — Yea
Bates — Nay
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
McGuire, Mike Democratic Not Voting
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Ochoa Bogh, Rosilicie Republican Not Voting

Official roll call →

AB 838 Friedman Assembly Third Reading

Passed 45 Yea · 18 Nay · 15 Other
Party YeaNayPresentNot Voting
Democratic 22302
Unaffiliated 237011
Republican 0802
Total 4518015
% of votes cast 58%23%0%19%
How each member voted (78)
Member Party Vote
Chiu — Yea
Rendon — Yea
Mullin — Yea
Holden — Yea
Salas — Yea
Jones-Sawyer — Yea
Rodriguez — Not Voting
Villapudua — Not Voting
Mayes — Not Voting
Cooper — Not Voting
Medina — Not Voting
Daly — Not Voting
Frazier — Not Voting
O'Donnell — Not Voting
Bloom — Yea
Friedman — Yea
Santiago — Yea
Maienschein — Yea
Quirk — Yea
Wood — Yea
Nazarian — Yea
Ting — Yea
Low — Yea
Levine — Yea
Waldron — Yea
McCarty — Yea
Burke — Yea
Chau — Yea
Smith — Nay
Voepel — Nay
Cooley — Nay
Cunningham — Nay
Kiley — Nay
Mathis — Nay
Bigelow — Nay
Gray — Not Voting
Cristina Garcia — Not Voting
Eduardo Garcia — Not Voting
Lorena Gonzalez — Yea
Luz Rivas — Yea
Mark Stone — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Nay
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Not Voting
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Nay
Petrie-Norris, Cottie Democratic Nay
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Not Voting
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Nay
Patterson, Joe Republican Not Voting
Seyarto, Kelly Republican Nay
Valladares, Suzette Martinez Republican Nay

Official roll call →

Do pass.

Passed 12 Yea · 4 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7100
Democratic 5100
Republican 0200
Total 12400
% of votes cast 75%25%0%0%
How each member voted (16)
Member Party Vote
Quirk — Yea
Nazarian — Yea
Chau — Yea
Bigelow — Nay
Levine — Yea
Bloom — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Fong, Mike Democratic Nay
Gabriel, Jesse Democratic Yea
Kalra, Ash Democratic Yea
Rivas, Robert Democratic Yea
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay

Official roll call →

Subjects

housing
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Frequently asked questions

What does AB 838 do?
Existing law, the State Housing Law, a violation of which is a crime, establishes statewide construction and occupancy standards for buildings used for human habitation. Existing law authorizes a city or county to designate and charge a specified department or officer with the enforcement of the State Housing Law, the building standards published in the California Building Standards Code, or any other rules and regulations adopted pursuant to the State Housing Law for the protection of the public health, safety, and general welfare. Existing law deems a building, portion of a building, or premises on which a building is located to be a substandard building if any one of specified conditions exists to the extent that it endangers the life, limb, health, property, safety, or welfare of the public or its occupants. Existing law deems a building, portion of a building, or premises on which a building is located to be in violation of the State Housing Law if it contains lead hazards, as specified, that are likely to endanger the health of the public or the occupants. This bill would, beginning July 1, 2022, require a city or county that receives a complaint of a substandard building or a lead hazard violation, as described above, from a tenant, resident, or occupant, or an agent of a tenant, resident, or occupant, except as specified, to inspect the building, portion of the building intended for human occupancy, or premises of the building, document the lead hazard violations that would be discovered based upon a reasonably competent and diligent visual inspection of the property, and identify any building, portion of a building intended for human occupancy, or premises on which such a building is located that is determined to be substandard, as applicable. The bill would require the city or county, as applicable, to advise the owner or operator of each violation and of each action that is required to be taken to remedy the violation and to schedule a reinspection to verify correction of the violations. The bill would require a city or county to provide free, certified copies of an inspection report and citations issued, if any, to the complaining tenant, resident, occupant, or agent, and to all potentially affected tenants, residents, occupants, or the agents of those individuals, as specified. The bill would prohibit the inspection or the report from being subject to any unreasonable conditions, as specified, and prohibit a city, county, or city and county from collecting a fee, cost, or charge from a property owner or property owner's agent for any inspection of, or any inspection report about, that owner's or agent's property that is conducted or issued pursuant to the bill's provisions, unless the inspection reveals one or more material lead hazard violations or deems and declares the property substandard, as described above. The bill would prohibit a city or county from unreasonably refusing to communicate with a tenant, resident, occupant, or agent regarding a matter covered by this bill. By imposing new duties on local government officials, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for specified reasons.
Who sponsors AB 838?
AB 838 is sponsored by Friedman and Durazo, Maria Elena (Democratic).
What is the current status of AB 838?
This bill has been enacted into law. Introduced February 17, 2021. Enacted.
Where can I track AB 838?
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