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AB-491 Housing: affordable and market rate units.(2021-2022)

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Date Published: 09/29/2021 10:00 AM
AB491:v93#DOCUMENT

Assembly Bill No. 491
CHAPTER 345

An act to add Section 17929 to the Health and Safety Code, relating to housing.

[ Approved by Governor  September 28, 2021. Filed with Secretary of State  September 28, 2021. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 491, Ward. Housing: affordable and market rate units.
The State Housing Law, among other things, requires the Department of Housing and Community Development to adopt, amend, or repeal rules and regulations for the protection of the health, safety, and general welfare of the occupant and the public relating to specified residential structures, as provided, which apply throughout the state. Existing law requires the housing or building department of every city or county, or the health department if there is no building department, to enforce within its jurisdiction the provisions of the State Housing Law, building standards, and the other rules and regulations adopted by the department pertaining to the maintenance, sanitation, ventilation, use, or occupancy of apartment houses, hotels, or dwellings. A violation of the State Housing Law, or of the building standards or rules and regulations adopted pursuant to that law, is a misdemeanor.
This bill would require that a mixed-income multifamily structure provide the same access to the common entrances, common areas, and amenities of the structure to occupants of the affordable housing units in the structure as is provided to occupants of the market-rate housing units. The bill would also prohibit a mixed-income multifamily structure from isolating the affordable housing units within the structure to a specific floor or an area on a specific floor. The bill would define various terms for these purposes.
The bill would state that these additions do not constitute a change in, but are declaratory of, existing law.
By adding to the duties of local officials with respect to enforcement of the State Housing Law, the violation of which is a crime, 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 17929 is added to the Health and Safety Code, to read:

17929.
 (a) (1) For a mixed-income multifamily structure, both of the following shall apply:
(A) The occupants of the affordable housing units within the mixed-income multifamily structure shall have the same access to the common entrances to that structure as the occupants of the market-rate housing units.
(B) The occupants of the affordable housing units within the mixed-income multifamily structure shall have the same access to the common areas and amenities of that structure as the occupants of the market-rate housing units.
(2) A mixed-income multifamily structure shall not isolate the affordable housing units within that structure to a specific floor or an area on a specific floor.
(b) For purposes of this section:
(1) “Affordable housing unit” means any residential dwelling unit that is restricted by deed or other recorded document as affordable housing for persons and families of low or moderate income, as that term is defined in Section 50093.
(2) “Common entrance” means any area used by the occupants of a mixed-income multifamily structure for ingress to or egress from that structure.
(3) “Market-rate housing unit” means any residential dwelling unit that is not an affordable housing unit or a unit occupied by on-site property management staff.
(4) “Mixed-income multifamily structure” means any residential structure with five or more residential dwelling units that includes both affordable housing units and market-rate housing units.
(c)  This section is declaratory of existing law. Nothing in this section shall be construed to limit the application of existing law, including, but not limited to, Article 2 (commencing with Section 12955) of Chapter 6 of Part 2.8 of Division 3 of Title 2 of the Government Code, Section 65008 of the Government Code, or Subchapter 7 (commencing with Section 12005) of Chapter 5 of Division 4.1 of Title 2 of the California Code of Regulations.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.