Laura Friedman
- Democratic
- Assemblymember
- District 44
Author
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.
Approved by the Governor.
Chaptered by Secretary of State - Chapter 351, Statutes of 2021.
Enrolled and presented to the Governor at 4 p.m.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 51. Noes 20. Page 2738.).
Assembly Rule 77 suspended. (Ayes 57. Noes 14. Page 2703.)
Read third time. Passed. Ordered to the Assembly. (Ayes 26. Noes 10. Page 2296.).
In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 3 pursuant to Assembly Rule 77.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 5. Noes 2.) (August 26).
Read second time and amended. Re-referred to Com. on APPR.
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (July 8).
From committee: Do pass and re-refer to Com. on RLS. (Ayes 6. Noes 1.) (July 1). Re-referred to Com. on RLS.
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HOUSING.
In committee: Set, first hearing. Hearing canceled at the request of author.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 45. Noes 18. Page 1357.)
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 12. Noes 4.) (April 28).
From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (April 15). Re-referred to Com. on APPR.
From committee chair, with author's amendments: Amend, and re-refer to Com. on H. & C.D. Read second time and amended.
From printer. May be heard in committee March 20.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB838 | HTML |
| 02/17/21 - Introduced | |
| 04/05/21 - Amended Assembly | |
| 06/23/21 - Amended Senate | |
| 07/13/21 - Amended Senate | |
| 09/07/21 - Enrolled | |
| 09/28/21 - Chaptered |
| Document | Format |
|---|---|
| 04/13/21- Assembly Housing and Community Development | |
| 04/26/21- Assembly Appropriations | |
| 04/30/21- ASSEMBLY FLOOR ANALYSIS | |
| 06/28/21- Senate Housing | |
| 07/05/21- Senate Governance and Finance | |
| 08/15/21- Senate Appropriations | |
| 08/28/21- Sen. Floor Analyses | |
| 09/01/21- ASSEMBLY FLOOR ANALYSIS |
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