AB 468 — State building standards.

Summary

(1) Existing law, the State Housing Law, establishes statewide construction and occupancy standards for buildings used for human habitation. Existing law requires, for those purposes, that any building, including any dwelling unit, be deemed to be a substandard building when a health officer determines that any one of specified listed conditions exists to the extent that it endangers the life, limb, health, property, safety, or welfare of the public or its occupants. This bill would instead specify that a building be deemed a substandard building when a health officer determines that any of those listed conditions exist to the extent that it endangers the life, limb, health, property, safety, or welfare of the occupants of the building, nearby residents, or the public. The bill would clarify that the term "substandard building" for purposes of the State Housing Law means a residential building or any other building that is deemed to be substandard pursuant to the provisions described above, and would clarify that standard applies regardless of the zoning designation or approved use of the building. The bill would make conforming changes to this effect. By imposing new inspection requirements on local entities, this bill would impose a state-mandated local program. (2) The State Housing Law provides for relocation assistance to a tenant displaced from a residential rental unit as a result of an order to vacate by a local enforcement agency under specified conditions. This bill would define the term "residential rental unit" for those purposes to mean any unit rented for human habitation that is located in a building that is deemed or found to be a substandard building. (3) The State Housing Law requires the housing or building department or, if there is no building department, the health department, of every city or county or a specified environmental agency to enforce within its jurisdiction all of the State Housing Law, the building standards published in the California Building Standards Code, and other specified rules and regulations. If there is a violation of these provisions or any order or notice that gives a reasonable time to correct that violation, or if a nuisance exists, an enforcement agency is required, after 30 days' notice to abate the nuisance, to institute appropriate action or proceeding to prevent, restrain, correct, or abate the violation or nuisance. This bill would state that violations of municipal codes are included within these provisions. The bill would define the term "petition" for those purposes to include a complaint. If an enforcement agency determines that a building is substandard under these provisions based solely on the building being occupied, then the bill would prohibit the enforcement agency from commencing proceedings to abate the violation by repair if specified conditions are met, including that the owner declares under penalty of perjury that the occupant is not a legal tenant. By expanding the crime of perjury, this bill would impose a state-mandated local program. (4) The State Housing Law authorizes the enforcement agency, a tenant, or tenant association or organization to seek, and the court to order, the appointment of a receiver for the substandard building if the owner of a property with substandard conditions fails to comply within a reasonable time period with the terms of a specified order or notice to repair or abate a violation that results in a substantial endangerment of the health and safety of residents or the public. Existing law authorizes the court to retain jurisdiction for up to 18 months after discharging the receiver. This bill would specify that the appointment of a receiver for the substandard building pursuant to another provision of law does not prevent an enforcement agency from seeking, or the court from appointing or replacing, a receiver pursuant to these provisions. The bill would authorize the court to extend the 18-month time period for retaining jurisdiction to ensure continuing compliance. The bill would provide that an appeal of a court order or judgment issued pursuant to this article shall not stay proceedings upon the order or judgment, absent an extraordinary writ being issued by the appropriate appeals court upon a properly filed petition, as defined. (5) Under the State Housing Law, a person who obtains an ownership interest in property after the recording of a notice of pendency of an action or proceeding brought pursuant to the State Housing Law with respect to the property or a notice of a violation of that law, and if there is no withdrawal or expungement of the notice, is subject to the order to correct a violation and any other recorded notice of a violation of the State Housing Law. This bill would specify that a person described above is subject to any costs and fees of any receiver appointed or enforcement agency, as applicable. (6) 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

• Amended 04/11/23 - Amended Assembly Current pdf April 11, 2023
• Amended 03/23/23 - Amended Assembly pdf March 23, 2023
• Introduced 02/06/23 - Introduced pdf February 06, 2023
• AB468 View text html

Action History

1. September 01, 2023

   In committee: Held under submission.

2. August 14, 2023

   In committee: Referred to APPR suspense file.

3. July 12, 2023

   From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (July 11). Re-referred to Com. on APPR.

4. June 29, 2023

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

5. June 21, 2023

   From committee: Do pass and re-refer to Com. on JUD. (Ayes 11. Noes 0.) (June 20). Re-referred to Com. on JUD.

6. June 14, 2023

   Referred to Coms. on HOUSING and JUD.

7. June 01, 2023

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

8. May 31, 2023

   Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 1982.)

9. May 18, 2023

   Read second time. Ordered to third reading.

10. May 18, 2023

    From committee: Do pass. (Ayes 15. Noes 0.) (May 18).

11. May 03, 2023

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

12. April 19, 2023

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (April 19). Re-referred to Com. on APPR.

13. April 12, 2023

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

14. April 11, 2023

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

15. March 27, 2023

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

16. March 23, 2023

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

17. March 23, 2023

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

18. February 07, 2023

    From printer. May be heard in committee March 9.

19. February 06, 2023

    Read first time. To print.

Sponsors

• Sharon Quirk-Silva · Primary

Votes

Subjects