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Newsline Legislative Update
6/19/23
This week, the legislature has a busy committee hearing schedule. Three of C.A.R.’s sponsored bills will be heard, including AB 323 (Holden) Deed Restricted Units: Homeowner Protection, AB 717 (Villapudua) Revocable Living Trust Education, and AB 1280 (Maienschein) Natural Hazard Disclosure Form Update. All of these bills have thus far been non-controversial, have no opposition, and enjoy broad bipartisan support.
AB 323 (Holden) Deed Restricted Units: Homeowner Protection – It has long been assumed that units offered for sale as the result of local inclusionary zoning policies and the state’s density bonus law would go to owner occupants if those units were intended for owner occupancy upon subdivision map approval. However, current law permits developers to petition a local government to change the designation from ownership to rental, which reduces home ownership opportunities. C.A.R. is sponsoring AB 323 to prohibit local governments from approving a builder's petition to change the deed or unit designation for a density bonus unit or local inclusionary zone developed unit, as required by local ordinance, that was constructed with the intent for owner occupancy from being considered unless the developer can prove that none of the applicants can qualify for the unit as owner occupants. AB 323 has been amended to resolve, among other technical concern, the building industry concerns which require local governments to provide developers a list of pre-qualified applicants eligible to purchase the property upon the completion of unit construction.
Position: Sponsor
Status: Scheduled to be heard in the Senate Housing Committee on June 20
AB 717 (Villapudua) Revocable Living Trust Education – Some homeowners, particularly from low- and moderate-income communities, are unaware of the benefits of revocable living trusts for the transfer of real property to heirs upon the death of the owner. Many low- and moderate-income households do not have access to legal advice, and in comparison to higher income families, are less likely to engage in estate planning for their heirs. Without a revocable living trust, households must then generally utilize the costly and time intensive court probate process. Expansion of educational opportunities that communicate the value of establishing a living trust will help prevent the loss of equity that result in money and time being allocated instead to the probate process. AB 717 will facilitate the development of state informational resources that explain the value of establishing a living trust.
Position: Sponsor
Status: Scheduled to be heard in the Senate Judiciary Committee on June 20
AB 1280 (Maienschein) Natural Hazard Disclosure Form Update – The Office of the State Fire Marshal and the Department of Forestry and Fire Protection (CAL FIRE) are in the final stages of updating the state’s Fire Hazard Severity Zone (FHSZ) maps for the State Responsibility Areas (SRA). These revised maps are adding a new category for “high fire severity zones,” which is not currently included within the statutorily prescribed Natural Hazard Disclosure (NHD) form. C.A.R. is sponsoring AB 1280 to update the NHD form to include information related to defensible space mandates imposed on parcels located in high fire severity zones.
Position: Sponsor
Status: Scheduled to be heard in the Senate Judiciary Committee on June 20
