The Griswold Law Blog

What You Need to Know About California Senate Bill 1465

Written by Richardson “Red” Griswold | Oct 30, 2024 3:41:32 PM

What is It?

California Senate Bill 1465 amends the State Housing Law with important additions and clarifications surrounding how substandard housing is addressed in our state.  It redefines what constitutes a substandard building to create a safer housing landscape, expands criteria for code enforcement inspections, and imposes restrictions on when an enforcement agency can take legal action. It also broadens the scope of relocation allowances for tenants displaced from substandard buildings, allows for the expansion of receivership jurisdiction in necessary circumstances, and ensures accountability and compliance from new owners who purchase a property with existing violations, citations, and notices.  Here’s a closer look at the critical aspects of this bill:

Amends the State Housing Law to Change the Definition of Substandard Building and Imposes New Inspection Requirements on Local Entities 

This bill amends the State Housing Law to address substandard housing and its impact on nearby residents when assessing a building's status. This change specifically acknowledges that individuals living in proximity to a substandard structure can be affected directly, which can adversely affect their quality of life. 

The bill clarifies that the term "substandard building" applies to any type of building, regardless of zoning designations or approved uses. This broadened definition empowers local entities to take a more proactive stance in identifying and addressing issues that affect community health and safety.

Defines “Residential Rental Unit” for the Purpose of Relocation Assistance to Tenants Displaced from Substandard Buildings

Another critical aspect of CA SB1465 is the redefinition of what constitutes a "residential rental unit," particularly in terms of providing relocation assistance to tenants who are displaced from substandard buildings. The updated language ensures that any unit rented for human habitation within a substandard building qualifies for relocation assistance, regardless of zoning or approved use.

This change ensures that tenants have expanded avenues for support when confronted with unsafe conditions, thereby fostering a sense of security and stability.

Expanding Enforcement Agency Authority and Imposing Restrictions on Proceedings to Abate Violations by Repair

California Senate Bill 1465 expands the authority of enforcement agencies by enabling them to address violations of municipal codes alongside the California Building Standards Code. This enhancement is vital for holding property owners accountable for maintaining safe living conditions. 

The bill also imposes certain restrictions on proceedings to abate violations through repairs. If a building is deemed substandard solely based on occupancy, the enforcement agency cannot take legal action for repairs if the owner 1.) declares the occupant is illegal, 2.) is pursuing an eviction case, and 3.) if the building does not pose any risk to others.

Extension of Jurisdiction in Necessary Cases to Ensure Compliance 

CA SB1465 specifies the process for appointing a receiver for substandard buildings, allowing courts to extend their jurisdiction beyond the standard 18-month period to ensure compliance. This means that if a building is not brought up to code within the initial time frame, courts can continue to oversee its compliance past the 18-month period. Importantly, the appointment of a receiver under different laws does not prevent enforcement agencies from seeking a receiver under Health and Safety Code 17980.7, meaning both provisions can apply simultaneously.

Furthermore, appeals of court orders or judgments do not automatically halt proceedings unless an extraordinary writ is issued by the appeals court. This ensures the process is able to continue without delays. 

Responsibility of New Property Owners

A significant change introduced by CA SB1465 is that new property owners will be subject to existing orders, notices, costs, and fees related to substandard building violations. Any individual acquiring ownership of a property with a recorded notice of legal action or violation must comply with any orders to rectify the violations outlined in citations or notices. 

This responsibility extends to all costs and fees incurred by the receiver or enforcement agency. By binding new owners to these obligations, the law ensures that accountability for property conditions continues regardless of ownership changes, thereby encouraging responsible ownership and management of properties and enhancing overall housing standards in California.

Why Should You Care?

Whether you're a tenant, property owner, or community member, understanding CA SB1465 is beneficial. This bill impacts tenant rights, property management practices, and local housing policies. By enforcing safer living conditions and ensuring accountability, it aims to improve the overall quality of housing in California.

Play an Active Role in Your Community

California Senate Bill 1465 represents a positive step toward improving housing standards and tenant protections in the state. By staying informed and proactive, you can be certain that your rights are upheld and that you contribute to a safer community.

If you’re affected by these changes or want to learn more about your rights under this new bill, contact us today for a consultation. We’re here to help you navigate the complexities of California housing law and advocate for your rights in this continually evolving legislative landscape.