Bill Text: CA SB550 | 2013-2014 | Regular Session | Amended
Bill Title: Accessible housing.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-02-03 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB550 Detail]
Download: California-2013-SB550-Amended.html
BILL NUMBER: SB 550 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 8, 2013
AMENDED IN SENATE APRIL 24, 2013
INTRODUCED BY Senator Jackson
FEBRUARY 22, 2013
An act to add Chapter 6.25 (commencing with Section
50655.1) to Part 2 of Division 31 of Sections 18941.10
and 50466 to the Health and Safety Code, relating to housing.
LEGISLATIVE COUNSEL'S DIGEST
SB 550, as amended, Jackson. Accessible housing.
Existing law establishes various programs under the Department of
Housing and Community Development, including the California Housing
Rehabilitation Program for the development of low-income and
multifamily rental housing in the state. Existing law creates the
Multifamily Housing Program under the department to provide a
standardized set of program rules and features applicable to all
housing types based on the existing California Housing Rehabilitation
Program. Among other things, the program provides financial
assistance to fund projects for, among other things, the development
and construction of new, and rehabilitation or acquisition and
rehabilitation of, existing, transitional, or rental housing
developments, and establishes a project selection process for loans
for these projects. Existing law also requires the department to
establish a program for the purpose of housing assistance for the
physically or developmentally disabled, or mentally disordered.
This bill would create the Accessible Multifamily Housing Act of
2013, which would require public housing facilities with residential
dwelling units, as defined, for which requests for building permits
are submitted on and after July 1, 2014, to include specified
percentages of residential dwelling units that provide compliant
mobility and communications features, as specified.
By imposing additional enforcement duties on local officials, this
bill would create 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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
This bill would require, as part of the next intervening code
adoption cycle of the California Building Standards Code adopted
after December 1, 2013, that the Division of the State Architect, in
consultation with the Department of Housing and Community
Development, propose, and that the Building Standards Commission
adopt, building standards requiring public housing facilities to
provide a specified number of residential dwelling units that have
compliant mobility and communications features that make them
accessible for persons with disabilities, and that clarify the
definition of "public housing," as specified.
The bill would also require the Department of Housing and
Community Development to adopt regulations that require owners and
managers of multifamily housing projects that have received a
department grant or loan, and that have accessible units, to give
priority for those units to persons with disabilities, as specified.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 18941.10 is added to the
Health and Safety Code , to read:
18941.10. As part of the next intervening code adoption cycle of
the California Building Standards Code (Title 24 of the California
Code of Regulations) adopted after December 1, 2013, the Division of
the State Architect, in consultation with the Department of Housing
and Community Development, shall propose, and the Building Standards
Commission shall adopt, building standards, as follows:
(a) Standards requiring that, in public housing facilities with
residential dwelling units, at least 10 percent, but no fewer than
one unit, of the total number of residential dwelling units provide
mobility features that comply with Sections 11B-809.2 to 11B-890.4,
inclusive, of the California Building Standards Code (Title 24 of the
California Code of Regulations), or any standards that may be
adopted later providing greater accessibility.
(b) Standards requiring that, in public housing facilities with
residential dwelling units, at least 4 percent, but no fewer than one
unit, of the total number of residential dwelling units provide
communications features that comply with Section 11B-809.5 of the
California Building Standards Code (Title 24 of the California Code
of Regulations), or any standards that may be adopted later providing
greater accessibility.
(c) Standards clarifying that the definition of "public housing"
as defined in Section 202 of the California Building Standards Code
(Title 24 of the California Code of Regulations) includes multifamily
housing that receives financial assistance from any state
government, local government, or public agency, including from the
California Housing Finance Agency, the Department of Housing and
Community Development, the California Tax Credit Allocation
Committee, local redevelopment agencies and their successors, cities,
counties, and cities and counties, and public housing authorities.
(d) Standards defining "financial assistance" as the provision of
any land at less than fair market value, or direct financial
assistance, including loans, grants, guarantees, project-based rental
assistance, or state or federal low-income housing tax credits.
SEC. 2. Section 50466 is added to the
Health and Safety Code , to read:
50466. The Department of Housing and Community Development shall
adopt regulations that give priority for accessible units to persons
with disabilities in multifamily housing projects that have received
a department grant or loan, and that have accessible units. The
regulations shall do all of the following:
(a) Require owners and managers to adopt suitable means to ensure
that information regarding the availability of accessible residential
dwelling units reaches eligible individuals with disabilities and to
take reasonable, nondiscriminatory steps to maximize the use of
those units by eligible disabled individuals who require the
accessibility of the particular unit.
(b) Require an owner or manager, when an accessible unit becomes
vacant, to offer the unit:
(1) First, to a current occupant of another unit within the same
project, or a comparable project under common control, with a
disability and who requires the accessibility feature of the vacant
unit who is occupying a unit that does not have those features, or if
no such current occupant exists, then
(2) Second, to an eligible qualified applicant, currently on the
owner's or manager's waiting list, if one exists, with a disability
and who requires the accessibility features of the vacant unit.
(c) Require the owner or manager, when offering an accessible unit
to an applicant who does not have a disability and who does not
require accessibility features of the unit to require the applicant
to agree to move to a nonaccessible unit if the accessible unit is
needed for a person with a disability.
SECTION 1. The Legislature finds and declares
as follows:
(a) There exists within the urban and rural areas of the state a
significant number of people with disabilities who lack accessible,
decent, safe, and sanitary housing. The lack of affordable,
accessible housing is a significant problem for adults and children,
contributing to chronic homelessness and unnecessary
institutionalization.
(b) In particular, there is a shortage of housing that provides
for sufficient accessibility for people who need accessible features
in their homes, including people who use mobility devices or who have
sensory disabilities.
(c) Ensuring that state accessibility requirements for assisted
multifamily housing projects meet or exceed the accessibility
standards required for federally assisted multifamily housing
projects will reduce confusion, will provide for a more comprehensive
approach to accessibility, and will result in the provision of much
needed additional accessible units.
SEC. 2. Chapter 6.25 (commencing with Section
50655.1) is added to Part 2 of Division 31 of the Health and Safety
Code, to read:
CHAPTER 6.25. ACCESSIBLE MULTIFAMILY HOUSING ACT OF 2013
50655.1. (a) This chapter shall be known, and may be cited, as
the Accessible Multifamily Housing Act of 2013.
(b) (1) In public housing facilities with residential dwelling
units, at least 10 percent, but no fewer than one unit, of the total
number of residential dwelling units shall provide mobility features
that comply with Sections 11B-809.2 to 11B-890.4, inclusive, of the
California Building Standards Code (Title 24 of the California Code
of Regulations) and shall be on an accessible route as required by
Section 11B-206, or any greater accessibility requirements later
adopted in the California Building Standards Code.
(2) In public housing with residential dwelling units, at least 4
percent, but no fewer than one unit, of the total number of
residential dwelling units shall provide communications features that
comply with Section 11B-809.5 of the California Building Standards
Code (Title 24 of the California Code of Regulations) or any greater
level of communication features later adopted in the California
Building Standards Code.
(3) The California Housing Finance Agency, the Department of
Housing and Community Development, or other state or local government
agency may prescribe a higher percentage or number than that
prescribed in paragraph (1), upon a determination that a higher
percentage is necessary for a particular program, project, or area,
based on census data or other available current data or in response
to evidence of a need for a higher percentage or number received in
any other manner.
(c) This chapter shall apply to all public housing facilities for
which requests for building permits are submitted on and after July
1, 2014.
50655.2. The following terms have the following meanings for
purposes of this chapter:
(a) "Financial assistance" means the provision of any land or any
financial assistance, including proceeds of any bond or indenture,
loan or grant or bond insurance or guarantees, loans, grants, rental
assistance, operational assistance, development assistance,
downpayment assistance, rehabilitation assistance, or housing tax
credits, including housing in which some or all units are subject to
affordability restrictions due to the provision of density bonuses or
other incentives from the local government.
(b) "Public housing," as defined in Section 202 of the California
Building Standards Code (Title 24 of the California Code of
Regulations) shall include housing that receives financial assistance
from any state, local government, or public agency, including from
the California Housing Finance Agency, the Department of Housing and
Community Development, the California Tax Credit Allocation
Committee, local redevelopment agencies and their successors, cities,
counties, and cities and counties, and public housing authorities.
SEC. 3. If the Commission on State Mandates
determines that this act contains 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.
