Bill Text: CA AB1431 | 2023-2024 | Regular Session | Amended
Bill Title: Housing: the California Housing Security Act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2024-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1431 Detail]
Download: California-2023-AB1431-Amended.html
Amended
IN
Assembly
March 23, 2023 |
Introduced by Assembly Member Zbur |
February 17, 2023 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law regulates terms and conditions for the hiring of real property that applies to all persons who hire dwelling units located within this state, including tenants, lessees, boarders, lodgers, and others, however denominated. For these purposes, existing law excludes from the term “persons who hire” a person who maintains transient occupancy in a hotel, motel, residence club, or other facility that is or would be subject to a specified occupancy tax, as prescribed.
This bill would make nonsubstantive changes to that provision.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Chapter 2.7 (commencing with Section 50489) is added to Part 2 of Division 31 of the Health and Safety Code, to read:CHAPTER 2.7. California Housing Security Act
50489.
This chapter shall be known, and may be cited, as the California Housing Security Act.50489.1.
For purposes of this chapter, the following terms have the following meanings:50489.2.
(a) Upon appropriation by the Legislature pursuant to Section 50489.5, the department shall establish the California Housing Security Program to provide a housing subsidy to persons who meet the definition of eligible population to reduce housing insecurity and help Californians meet their basic housing needs.50489.3.
(a) Notwithstanding any other law, and to the extent allowable under federal law, assistance, services, or supports received pursuant to this chapter are not income of the participant for purposes of determining eligibility for, or benefits pursuant to, any public assistance program. Participation in other benefits or housing or housing-based services programs shall not disqualify an individual or household from being a participant for a subsidy pursuant to this chapter.50489.4.
(a) The department shall, no later than January 1, 2030, submit a report on the program established pursuant to Section 50489.2, to include, but not be limited to, all of the following:50489.5.
This chapter shall become operative only upon appropriation by the Legislature of sufficient funds for the purposes of the program.(a)Except as provided in subdivision (b), this chapter shall apply to all persons who hire dwelling units located within this state including tenants, lessees, boarders, lodgers, and others, however denominated.
(b)The term “persons who hire” shall not include a person who maintains either of the following:
(1)Transient occupancy in a hotel, motel, residence club, or other facility when the transient occupancy is or would be subject to tax under Section 7280 of the Revenue and Taxation Code. The term “persons who hire” shall not include a person to whom this paragraph pertains if the person has not made valid payment for all room and other related charges
owing as of the last day on which
their occupancy is or would be subject to tax under Section 7280 of the Revenue and Taxation Code.
(2)Occupancy at a hotel or motel where the innkeeper retains a right of access to and control of the dwelling unit and the hotel or motel provides or offers all of the following services to all of the residents:
(A)Facilities for the safeguarding of personal property pursuant to Section 1860.
(B)Central telephone service subject to tariffs covering the same filed with the California Public Utilities Commission.
(C)Maid, mail, and room services.
(D)Occupancy for periods of less than seven days.
(E)Food service provided by a food establishment, as defined in Section 113780 of the Health and Safety Code, located on or adjacent to the premises of the hotel or motel and owned or operated by the innkeeper or owned or operated by a person or entity pursuant to a lease or similar relationship with the innkeeper or person or entity affiliated with the innkeeper.
(c)“Dwelling unit” means a structure or the part of a structure that is used as a home, residence, or sleeping place by one person who maintains a household or by two or more persons who maintain a common household.
(d)Nothing in this section shall be construed to limit the application of any provision of this chapter to tenancy in a dwelling unit unless the provision is so limited by its specific terms.