Existing law specifies the rights and requirements of a claimant or homeowner to bring a civil action for construction defects of a dwelling, including applicable standards for home construction, detailed prelitigation procedures, statute of limitations, burden of proof, and the damages recoverable. Existing law specifies the rights and prohibitions for a builder to defend against a civil action for construction defects, including a prohibition against a builder obtaining a release or waiver in exchange for repair work mandated by law. This bill would modify specific rights, requirements, and prohibitions for the parties to a civil action for construction defects of a dwelling by revising, among other things, the requirements for a prelitigation notice from the claimant to the builder and the evidence a claimant is required to affirmatively demonstrate to make a claim. Among other changes, the bill would repeal the prohibition on, and, instead, authorize, a builder to obtain a release or waiver in exchange for certain repair work, as specified. Commencing July 1, 2027, the bill would prohibit an insurer from asserting repairs as a voluntary payment or as a payment made without the insurer's consent, or denying counting the costs associated with those repairs, against a deductible or self-insured retention. The bill would provide that its provisions apply to structures subject to the provisions governing the rights of a claimant or homeowner to bring a civil action for construction defects of a dwelling, except as provided. The bill would further provide that its provisions are severable.
The Planning and Zoning Law requires a city or county to adopt a comprehensive, long-term general plan that includes various mandatory elements, including a housing element. Existing law requires the housing element to include, among other things, an inventory of land suitable and available for residential development, an analysis of the relationship of zoning and public facilities and services to these sites, and an analysis of the relationship of the sites identified in the land inventory to the jurisdiction's duty to affirmatively further fair housing. Existing law requires a city or county, based on that inventory of land, to determine whether each site in the inventory can accommodate the development of some portion of its share of the regional housing need by income level during the planning period, as provided. Existing law requires the inventory of land to include, among other things, a description of the existing use of the property for nonvacant sites. For the nonvacant sites, existing law requires the city or county to specify the additional development potential for each site within the planning period. Existing law requires a city or county to rezone sites according to a specified program if the inventory of sites suitable and available for residential development does not identify adequate sites to accommodate the need for groups of all household income levels. This bill would require, on or before July 1, 2028, the Department of Housing and Community Development to promulgate or approve one or more formulas and associated user interfaces or other tools that allow for the determination of specified information, including, among other things, the realistic capacity of housing element inventory sites, as specified. The bill would authorize the above-described analysis and determinations by a city or county related to sites in the inventory of land suitable and available for residential development to rely on the formula promulgated or approved by the department. The bill would authorize the department to hire economists and data scientists for the purpose of promulgating the formulas and associated user interfaces or other tools. This bill would require the inventory of land suitable and available for residential development to specify the number of units allowed to be built on each site at the time of the housing element's adoption, and the number that will be allowed after rezoning, as specified, to accommodate the city's or county's share of regional housing need. This bill would exempt the use by a city or county of any adopted formula, associated user interface, or tool promulgated or approved by the department for these purposes from judicial review, except as specified. Existing law also requires that the housing element, among other things, sets forth a schedule of actions during the planning period that the local government is undertaking or intends to undertake to implement the policies and achieve the goals of the housing element, as provided. Existing law authorizes the Department of Housing and Community Development to allow a city or county to substitute the provision of units pursuant to this schedule of actions if the community includes in its housing element a program committing the local government to provide specified units that will be made available through the provision of committed assistance to lower income households at affordable housing costs or rents, as defined. Existing law requires a unit to meet specified requirements to qualify for inclusion in the program. Existing law defines "committed assistance" for these purposes to mean that the city or county enters into a legally enforceable agreement during a specified time period that obligates sufficient available funds or other in-kind services to provide the assistance necessary to make the identified units affordable and that requires that the units be made available for occupancy within 2 years of the execution of the agreement. This bill would define "in-kind services" for these purposes.
Existing law establishes the Department of Housing and Community Development and requires it to administer various programs intended to promote the development of housing, including the Multifamily Housing Program, pursuant to which the department provides assistance in the form of deferred payment loans to pay for the eligible costs of development of specified types of housing projects, as provided. This bill would establish the Affordable Housing Risk Reduction Program, administered by the department, to provide technical assistance and supportive resources to affordable housing providers to help them mitigate risk in their portfolio and secure more affordable insurance options. The bill would require the department to develop technical assistance to support affordable housing providers, and would authorize the department and third-party consultants to provide both individual technical assistance to affordable housing providers and develop technical assistance tools that can be made broadly accessible to those providers.
The Planning and Zoning Law requires a city or county to adopt a general plan for land use development that includes, among other things, a housing element containing specified information, including an analysis of its special housing, emergency shelter, and supportive housing needs, as defined. Existing law defines the term "target population" for purposes of requirements applicable to the housing element to include certain persons, including persons with low incomes who have one or more disabilities and individuals eligible for specified developmental disability services. This bill, the Unseen and Unheard Housing Act, would provide that the definition of the term "target population" for the purposes of requirements applicable to the housing element, as described above, may include victims of domestic violence, victims of sexual assault, and victims of human trafficking, as specified.
The Housing Authorities Law establishes a housing authority within each county and city and authorizes the authority to, among other things, prepare, carry out, acquire, lease, and operate housing projects and housing developments for persons of low income, as provided. This bill would, unless required by federal law, and except as specified, prohibit a housing authority or other covered housing provider, as defined, from establishing or implementing any rules, policies, or procedures that impose term limits or work requirements, as defined, as a condition of eligibility for any covered housing or that impact the amount of the rent subsidy or assistance provided to covered housing tenants. The bill would, however, permit a covered housing provider to establish or implement a voluntary employment or job training program if specified conditions apply. The bill would provide that its provisions do not limit or alter the operation of specified federal housing programs and requirements.
