The Western Center & Law and Poverty would like to assist advocates keep up to date with new housing law developments. The WCLP highlights some noteworthy new housing laws that took effect on January 1st of 2008:
Immigration status discrimination: Landlords are now specifically prohibited from inquiring about citizenship or immigration status. Localities are also prohibited from requiring a landlord to verify immigration status. AB 976; Civ Code 1940.3.
"By-Right" homeless shelters: In their housing elements, cities and counties must now identify a zone, or zones, in which shelters are permitted by right, sufficient to meet the identified need for shelter. Every locality must have at least one such site. The anti-NIMBY law was also expanded to protect shelters and transitional housing. SB 2; Gov Code 65582, 65583 & 65589.5.
Redevelopment enforcement: Redevelopment agencies must create an internet database of restricted units; advocates will be better able to determine compliance with housing obligations. Recording of a separate short notice of affordability restrictions is now required, so that title searches will better uncover covenants that are sometimes missed currently. Also, certain low- and moderate-income families are specifically recognized as having standing to sue to enforce affordable housing requirements. AB 987; H&S Code 33334.3, 33413, & 33418.
Locking mailboxes: Locking mailboxes will be required for permanent residents of "residential hotels," under both landlord-tenant law and the State Housing Law; thus code enforcement could cite violators without residents going to court to enforce. The new law uses the existing definition of "residential hotel" (H&S Code 50519(b)(1)), which is arguably far broader than single room occupancy hotels and, thus, could include all types of hotels and motels that are primarily used for permanent housing. Special note: This legislation becomes effective on July 1, 2008. AB 607; Civ Code 1941.1, H&S Code 17958.3.
DV assistance: Domestic violence victims are now eligible for CalWORKs homeless assistance based on a sworn statement made by the victim, as is done in other programs. AB 335; Welf&Inst Code 11450.
Fee deferrals: Local governments must defer payment of planning and other fees until the development is completed, if more than half the units are set aside for lower income households. AB 641; Gov Code 66007.
