Legal Update: The Safe Housing Bill AB 468 – A Comprehensive Approach to Address Substandard Housing Conditions

The California State Legislature continues to unanimously support the Safe Housing Bill AB 468, a significant piece of legislation that aims to address the issue of substandard housing conditions across the state. This bill, advocated by Assemblymember Sharon Quirk-Silva and the California Association of Code Enforcement Officers (CACEO), sailed through the Senate Judiciary Committee with unanimous support. Civica Law’s Founder, Matthew Silver, wrote the legislation as part of his volunteer work with CACEO’s legislative committee.

The AB 468 bill amends the State Housing Law, which establishes statewide construction and occupancy standards for buildings used for human habitation. The bill introduces several key changes to the existing law, which are expected to have a profound impact on the way substandard housing conditions are addressed in California.

According to the U.S. Census, approximately 2,000,000 Californians live in moderate to significantly substandard housing – a statistic made all the more horrifying by the recent building tragedies in Oakland, Seaside, Florida and Davenport, Iowa.

Key Provisions of AB 468

1. 1. Substandard Building Laws Apply to All Zones: The bill applies the existing definition of a “substandard building” to cover all substandard buildings regardless of the zoning designation. This is in direct response to numerous tragedies involving substandard buildings in non-residential zones, such as the Oakland Ghost Ship fire, which killed 36 people living in an illegally converted warehouse. There has since been debate whether the law would have covered such a building since it was not residentially zoned, despite being inhabited.
   2. Violations and Enforcement: The bill provides an opportunity for landlords of non-residentially zoned properties to avoid enforcement, if the sole reason for the violation is an illegal squatter or trespasser, by prosecuting an unlawful detainer action. This does not relieve the owner of obligations to remediate the property if the violation relates to something other than occupancy, and does not apply if the enforcement agency determines there is a health or safety risk posed by the property. This language was inserted by the CA Apartments Association and required by the Legislature in order to move the bill forward.
   3. Appointment of a Receiver: The bill fixes a glitch in the law and clarifies that even if a receiver is appointed under a different law, as well as under the Substandard Building Law, all remedies and rights apply, not just the law under which the receiver was initially appointed.
   4. Ownership Interest: The bill specifies that a person who obtains an ownership interest in a property after the recording of a notice of violation is subject to any costs and fees of any receiver appointed or enforcement agency. Owners of substandard buildings often try to sell the property rather than comply with notices from the city; this bill makes clear that one who buys the property during a code enforcement action, and with notice of it, is subject to the same compliance and cost recovery requirements as the prior owner. This helps ensure buyers are not tricked into a purchase without knowing the full implications, and also helps protect cities and counties that are in the process of enforcing their laws.

The Impact of AB 468

The passage of AB 468 represents a significant step forward in addressing the issue of substandard housing conditions in California. The bill’s provisions are designed to ensure that buildings are safe and habitable for all residents, and that owners are held accountable for maintaining these standards.

Most critically, this bill will allow enforcing agencies, such as cities or counties, to use the tools in the Substandard Building Law, otherwise known as the State Housing Law, to any substandard property regardless of zoning. This recognizes the reality that the dangers and tragedies that come from substandard buildings do not care about zoning districts; fire, mold, rodent infestations and any other type of health or safety hazard exist and endanger people regardless of the zoning of the building.
Further, with the housing shortage in California, it is a reality that people are living in buildings that are not residentially zoned or even designed for human habitation.

The tragic incidents like the Ghostship fire, and the building collapses in Seaside and Davenport underscore the urgent need for such legislation. These incidents, which resulted in significant loss of life, were largely attributed to substandard housing conditions. AB 468 aims to prevent such tragedies from happening in the future by providing a comprehensive framework for identifying and addressing substandard housing conditions.

The unanimous support for AB 468 in the Senate Judiciary Committee is a testament to the widespread recognition of the need for this legislation. The bill’s success so far is a victory for Assemblymember Sharon Quirk-Silva, the CACEO, and all advocates for safe and habitable housing in California.

It now heads to the Appropriations Committee, and hopefully ultimately, to the Governor’s desk.