AB 771

Historic preservation

Under current law, a political subdivision may regulate places, structures, or

objects with special character, historic interest, aesthetic interest, or other

significant value. A political subdivision may also designate historic landmarks and

establish historic districts and may regulate the historic landmarks or the properties

within a historic district for historic preservation purposes.

Under this bill, in the repair or replacement of a property that is designated as

a historic landmark or included within a historic district, a political subdivision must

permit an owner to use materials that an ordinary observer would perceive as having

a substantially similar appearance to the original material.

Landlord and tenant regulation

This bill provides that if a political subdivision has in effect an ordinance that

authorizes the inspection of a rental property or rental unit upon a complaint from

an inspector or other employee or elected official of the political subdivision, the

political subdivision must maintain a record of certain information related to

inspections performed upon a complaint from an employee or official.

Current law prohibits a political subdivision from charging a fee for an

inspection unless the fee is uniform for all residential rental inspections. Under this

bill, the fee must also not exceed the actual and direct cost of performing the

inspection.

The bill makes various changes to the requirements that apply to the notice

that a landlord must give to a tenant to terminate a lease based on the tenant's failure

to pay rent. First, the bill provides that, when calculating the amount due in the

notice, “rent” includes any past due rent and any late fees.

Second, the bill specifies that a notice for failure to pay rent or other amount

due under a rental agreement that includes an incorrect statement of the amount

due is valid unless the tenant has paid or tendered payment of the amount that the

tenant admits is actually due.

The bill make various changes to the law regarding background and credit

checks. The bill raises the maximum amount a landlord can charge a tenant for a

consumer credit report, specified in administrative code provisions, from $20 to $25.

The bill also specifies that a landlord may charge a prospective tenant who is not a

resident of this state up to $25 for conducting a background check.

The bill also specifies that, when a landlord charges a tenant for reasonable

costs of remediation, repair, or redecoration, reasonable costs include materials

provided and labor performed by the landlord and time spent by the landlord doing

specified activities. Finally, the bill allows a landlord and tenant to agree in the

rental agreement that the landlord may provide documents, such as an advanced

notice of entry and the security deposit refund, to the tenant through electronic

means.