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AB-512 Surplus unimproved property: sale procedures: City of Los Angeles: City of Pasadena: City of South Pasadena.(2021-2022)

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Date Published: 03/30/2021 09:00 PM
AB512:v98#DOCUMENT

Amended  IN  Assembly  March 30, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 512


Introduced by Assembly Member Holden

February 09, 2021


An act to add Section 54239.2 to the Government Code, relating to surplus property.


LEGISLATIVE COUNSEL'S DIGEST


AB 512, as amended, Holden. Surplus unimproved property: sale procedures: City of Los Angeles: City of Pasadena: City of South Pasadena.
Existing law establishes priorities and procedures that any state agency disposing of surplus residential property is required to follow.
This bill would would, with certain exceptions, require the Department of Transportation to offer to sell Transportation, prior to selling specified unimproved properties in the City of Los Angeles, City of Pasadena, and City of South Pasadena Pasadena, to offer to sell those properties at the original acquisition price paid by the department to a housing-related entity for affordable housing purposes, as provided.
This bill would make legislative findings and declarations as to the necessity of a special statute for the sale of surplus unimproved property located in the City of Los Angeles, the City of Pasadena, and the City of South Pasadena.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 54239.2 is added to the Government Code, to read:

54239.2.
 Before selling unimproved property within the State Route 710 corridor in the City of Los Angeles, City of Pasadena, and City of South Pasadena pursuant to Section 118 of the Streets and Highways Code, the Department of Transportation shall offer to sell the property at the price paid by the Department of Transportation for original acquisition to a housing-related entity for affordable housing purposes, in accordance with the following:
(a) The sales price shall be the price paid by the Department of Transportation for original acquisition. The original acquisition price shall not be adjusted for inflation.
(b) Property sold pursuant to this section shall be sold in the existing “as is” condition.
(c) For each property purchased under this subdivision, section, the housing-related entity shall do all of the following:
(1) (A)   Cause the property to be used for low- and moderate-income rental housing for a term of at least 55 years. The purchase and operation of the property shall be subject to a covenant recorded against the property that requires the property to remain available and affordable for rental by lower income and moderate-income households, as defined by Sections 50079.5 and 50052.5 of the Health and Safety Code, respectively, for a term no shorter than 55 years.
(B) In the event that the property is sold prior to the expiration of the covenant, the covenant shall remain in effect until the time at which it expires. In the event the housing-related entity is no longer able to provide the housing on the property, the housing-related entity shall transfer the title to the city in which the property is located, which shall transfer the title and operations to a successor housing-related entity that will maintain the property and the operations in compliance with the covenant. Any housing-related entity purchaser shall comply with monitoring requirements, as determined by the Department of Transportation.
(2) Cause any new units added to the property to be used only for low- or moderate-income rental housing.
(d) The Department of Transportation may designate in regulations, or delegate by agreement to, a public agency to monitor the property’s compliance with the covenant required by this section. The monitoring entity may charge the property owner a fee to recover the cost of this monitoring.
(e) This section shall not apply to unimproved property subject to a valid lease pursuant to Section 104.7 of the Streets and Highway Code.

SEC. 2.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique housing needs in the City of Los Angeles, City of Pasadena, and City of South Pasadena.