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FAA
FOOTHILL APARTMENT ASSOCIATION TNEWS UPDATE
he start of a new year always brings a substandard building or a lead hazard violation, with it new laws affecting our industry. from a tenant, resident, or occupant, or an agent of a The following are four laws that have tenant, resident, or occupant, to inspect the building, gone into effect or will be going into portion of the building intended for human occupancy, effect this year. or premises of the building, document the lead hazard
AB 468, This bill would prohibit a health care practitioner from providing documentation relating to
an individual’s need for an emotional support dog unless the health care practitioner complies with specified requirements, including holding a valid license, establishing a client-provider relationship with the individual for at least 30 days prior to providing the documentation, and completing a clinical evaluation of the individual regarding the need for an emotional support dog. The bill would make a violation of the written notice requirements or knowingly and fraudulently representing, selling, or offering for sale, or attempting to represent, sell, or offer for sale, an emotional support dog as being entitled to the rights and privileges accorded by law to a guide, signal, or service dog, subject to a civil penalty.
SB 60, This bill would raise the maximum fines for violation of an ordinance relating to a residential short- term rental, as defined, that is an infraction and poses a threat to health or safety, to $1,500 for a first violation, $3,000 for a 2nd violation of the same ordinance within one year, and $5,000 for each additional violation of the same ordinance within one year of the first violation.
Existing law also sets specific monetary limits on the fines that may be imposed by city or county authorities for any violation of local building and safety codes that is an infraction, as prescribed. Existing law requires a city or county levying fines pursuant to these provisions to establish a process for granting a hardship waiver in certain cases.
This bill would declare that it is to take effect immediately as an urgency statute.
AB 838, This bill would, beginning July 1, 2022, require a city or county that receives a complaint of
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. The bill would require the city or county, 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.
AB 491, 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.
All content within this column is provided for general information only and should not be treated as a substitute for the legal advice of your lawyer or any other financial or legal professional. The FAA is not responsible or liable for any decision made by a reader based on the content of this article. The FAA is not liable for the contents of any external internet sites listed, nor does it endorse any commercial product or service mentioned or advised on any of the external sites listed.
10 JANUARY 2022 - APARTMENT MANAGEMENT MAGAZINE AMM1/6