AB 441

This bill requires that, in connection with certain real estate transactions, the

owner of an individual residential dwelling unit that is served by a dumbwaiter or

elevator (residential elevator) must have the residential elevator inspected and

provide certain disclosures regarding the residential elevator to the transferee.

The bill requires the Department of Safety and Professional Services to develop

a pamphlet for owners of residential elevators that describes maximum clearance

and distance requirements measured from the hoistway face of landing doors or

gates and the dangers associated with residential elevators that do not comply with

those requirements.

Under the bill, no later than ten days after accepting an agreement to transfer

a dwelling unit with a residential elevator, the owner of the dwelling unit must

disclose to the prospective transferee the existence of the residential elevator and

provide a copy of the DSPS residential elevator pamphlet. Prior to transferring the

dwelling unit, the owner of the dwelling unit must have the residential elevator

inspected by a licensed elevator inspector, who must prepare an inspection report

and issue a certificate stating the date on which the inspection is completed. The

owner of the dwelling unit must provide the transferee a copy of the inspection report

prior to transferring the dwelling unit.

Under the bill, a register of deeds may not accept for recording any deed or other

document of transfer of an individual residential dwelling unit that is served by a

residential elevator unless the deed or document is accompanied by the required

certificate.

The bill provides that, if a licensed elevator inspector falsifies a certificate,

DSPS must revoke the inspector's license, and the inspector may be required to

forfeit not more than $500 for each false certificate. Under the bill, if a person, with

intent to evade inspection and certification requirements, falsely states on a real

estate transfer return form that real property being transferred does not include an

individual residential dwelling unit that is served by a residential elevator, the

person may be required to forfeit not more than $500 per dwelling unit being

transferred.