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AB-2344 Housing: affordable and market rate units.(2019-2020)



Current Version: 02/18/20 - Introduced Compare Versions information image


AB2344:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2344


Introduced by Assembly Member Gonzalez

February 18, 2020


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


LEGISLATIVE COUNSEL'S DIGEST


AB 2344, as introduced, Gonzalez. 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 the owner or agent of an owner of a mixed-income multifamily residential structure, as defined, to ensure that occupants of the affordable housing units, as defined, within that structure are able to access the residential structure by the same common entrances to that structure as occupants of the market rate units and have access to any common areas in the structure. The bill would prohibit the owner or agent of an owner from isolating the affordable housing units within that structure to a specific floor or area within the structure.
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) An owner or agent of an owner of a mixed-income multifamily residential structure shall ensure that occupants of the affordable housing units within that structure are able to access the residential structure by the same common entrances to that structure as occupants of the market rate units and have access to any common areas in the structure.
(2) An owner or agent of an owner of a mixed-income multifamily residential structure shall not isolate the affordable housing units within that structure to a specific floor or area within the structure.
(b) For purposes of this section:
(1) “Affordable housing unit” means any unit that has an affordable housing cost or affordable rent, as defined in Sections 50052.5 and 50053, respectively, to persons and families of low or moderate income, as defined in Section 50093.
(2) “Common entrance” means any area regularly used by residents of a mixed-income multifamily residential structure for ingress or egress from that structure.
(3) “Mixed-income multifamily structure” means any residential structure with two or more dwelling units that includes both affordable housing units and market rate units.

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.