CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 623Introduced by Senator JacksonFebruary 22, 2019 An act to amend Section 54222.5 of the Government Code, relating to local government. LEGISLATIVE COUNSEL'S DIGESTSB 623, as introduced, Jackson. Housing: surplus land.Existing law requires an entity proposing to use surplus land for developing low- and moderate-income housing to agree to make available not less than 25% of the total number of units developed on the parcels at affordable housing cost or affordable rent to lower income households. Existing law requires these and other specified requirements to be contained in a covenant or restriction recorded against the surplus land at the time of sale, to run with the land, and be enforceable, against any owner who violates the covenant or restriction and each successor in interest who continues the violation, by various specified parties.This bill would make nonsubstantive changes to that provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 54222.5 of the Government Code is amended to read:54222.5. An entity proposing to use the surplus land for developing low- and moderate-income housing shall agree to make available not less than 25 percent of the total number of units developed on the parcels at affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, or affordable rent, as defined in Section 50053 of the Health and Safety Code, to lower income households, as defined in Section 50079.5 of the Health and Safety Code. Rental units shall remain affordable to, and occupied by, lower income households for a period of at least 55 years. The initial occupants of all ownership units shall be lower income households, and the units shall be subject to an equity sharing agreement consistent with paragraph (2) of subdivision (c) of Section 65915. These requirements shall be contained in a covenant or restriction recorded against the surplus land at the time of sale, which shall run with the land and shall be enforceable, against any owner who violates a covenant or restriction and each successor in interest who continues the violation, by any of the following:(a) The local agency that disposed of the property.(b) A resident of a unit subject to this section.(c) A residents association with members who reside in units subject to this section.(d) A former resident of a unit subject to this section who last resided in that unit.(e) An If the applicant conforms to all of the following, an applicant seeking to enforce the covenants or restrictions for a particular unit that is subject to this section, if the applicant conforms to all of the following: section.(1) Is of low or moderate income, as defined in Section 50093 of the Health and Safety Code.(2) Is able and willing to occupy that particular unit.(3) Was denied occupancy of that particular unit due to an alleged breach of a covenant or restriction implementing this section.(f) A person on an affordable housing waiting list who is of low or moderate income, as defined in Section 50093 of the Health and Safety Code, and who is able and willing to occupy a unit subject to this section.
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 623Introduced by Senator JacksonFebruary 22, 2019 An act to amend Section 54222.5 of the Government Code, relating to local government. LEGISLATIVE COUNSEL'S DIGESTSB 623, as introduced, Jackson. Housing: surplus land.Existing law requires an entity proposing to use surplus land for developing low- and moderate-income housing to agree to make available not less than 25% of the total number of units developed on the parcels at affordable housing cost or affordable rent to lower income households. Existing law requires these and other specified requirements to be contained in a covenant or restriction recorded against the surplus land at the time of sale, to run with the land, and be enforceable, against any owner who violates the covenant or restriction and each successor in interest who continues the violation, by various specified parties.This bill would make nonsubstantive changes to that provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Senate Bill No. 623
Introduced by Senator JacksonFebruary 22, 2019
Introduced by Senator Jackson
February 22, 2019
An act to amend Section 54222.5 of the Government Code, relating to local government.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 623, as introduced, Jackson. Housing: surplus land.
Existing law requires an entity proposing to use surplus land for developing low- and moderate-income housing to agree to make available not less than 25% of the total number of units developed on the parcels at affordable housing cost or affordable rent to lower income households. Existing law requires these and other specified requirements to be contained in a covenant or restriction recorded against the surplus land at the time of sale, to run with the land, and be enforceable, against any owner who violates the covenant or restriction and each successor in interest who continues the violation, by various specified parties.This bill would make nonsubstantive changes to that provision.
Existing law requires an entity proposing to use surplus land for developing low- and moderate-income housing to agree to make available not less than 25% of the total number of units developed on the parcels at affordable housing cost or affordable rent to lower income households. Existing law requires these and other specified requirements to be contained in a covenant or restriction recorded against the surplus land at the time of sale, to run with the land, and be enforceable, against any owner who violates the covenant or restriction and each successor in interest who continues the violation, by various specified parties.
This bill would make nonsubstantive changes to that provision.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 54222.5 of the Government Code is amended to read:54222.5. An entity proposing to use the surplus land for developing low- and moderate-income housing shall agree to make available not less than 25 percent of the total number of units developed on the parcels at affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, or affordable rent, as defined in Section 50053 of the Health and Safety Code, to lower income households, as defined in Section 50079.5 of the Health and Safety Code. Rental units shall remain affordable to, and occupied by, lower income households for a period of at least 55 years. The initial occupants of all ownership units shall be lower income households, and the units shall be subject to an equity sharing agreement consistent with paragraph (2) of subdivision (c) of Section 65915. These requirements shall be contained in a covenant or restriction recorded against the surplus land at the time of sale, which shall run with the land and shall be enforceable, against any owner who violates a covenant or restriction and each successor in interest who continues the violation, by any of the following:(a) The local agency that disposed of the property.(b) A resident of a unit subject to this section.(c) A residents association with members who reside in units subject to this section.(d) A former resident of a unit subject to this section who last resided in that unit.(e) An If the applicant conforms to all of the following, an applicant seeking to enforce the covenants or restrictions for a particular unit that is subject to this section, if the applicant conforms to all of the following: section.(1) Is of low or moderate income, as defined in Section 50093 of the Health and Safety Code.(2) Is able and willing to occupy that particular unit.(3) Was denied occupancy of that particular unit due to an alleged breach of a covenant or restriction implementing this section.(f) A person on an affordable housing waiting list who is of low or moderate income, as defined in Section 50093 of the Health and Safety Code, and who is able and willing to occupy a unit subject to this section.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 54222.5 of the Government Code is amended to read:54222.5. An entity proposing to use the surplus land for developing low- and moderate-income housing shall agree to make available not less than 25 percent of the total number of units developed on the parcels at affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, or affordable rent, as defined in Section 50053 of the Health and Safety Code, to lower income households, as defined in Section 50079.5 of the Health and Safety Code. Rental units shall remain affordable to, and occupied by, lower income households for a period of at least 55 years. The initial occupants of all ownership units shall be lower income households, and the units shall be subject to an equity sharing agreement consistent with paragraph (2) of subdivision (c) of Section 65915. These requirements shall be contained in a covenant or restriction recorded against the surplus land at the time of sale, which shall run with the land and shall be enforceable, against any owner who violates a covenant or restriction and each successor in interest who continues the violation, by any of the following:(a) The local agency that disposed of the property.(b) A resident of a unit subject to this section.(c) A residents association with members who reside in units subject to this section.(d) A former resident of a unit subject to this section who last resided in that unit.(e) An If the applicant conforms to all of the following, an applicant seeking to enforce the covenants or restrictions for a particular unit that is subject to this section, if the applicant conforms to all of the following: section.(1) Is of low or moderate income, as defined in Section 50093 of the Health and Safety Code.(2) Is able and willing to occupy that particular unit.(3) Was denied occupancy of that particular unit due to an alleged breach of a covenant or restriction implementing this section.(f) A person on an affordable housing waiting list who is of low or moderate income, as defined in Section 50093 of the Health and Safety Code, and who is able and willing to occupy a unit subject to this section.
SECTION 1. Section 54222.5 of the Government Code is amended to read:
### SECTION 1.
54222.5. An entity proposing to use the surplus land for developing low- and moderate-income housing shall agree to make available not less than 25 percent of the total number of units developed on the parcels at affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, or affordable rent, as defined in Section 50053 of the Health and Safety Code, to lower income households, as defined in Section 50079.5 of the Health and Safety Code. Rental units shall remain affordable to, and occupied by, lower income households for a period of at least 55 years. The initial occupants of all ownership units shall be lower income households, and the units shall be subject to an equity sharing agreement consistent with paragraph (2) of subdivision (c) of Section 65915. These requirements shall be contained in a covenant or restriction recorded against the surplus land at the time of sale, which shall run with the land and shall be enforceable, against any owner who violates a covenant or restriction and each successor in interest who continues the violation, by any of the following:(a) The local agency that disposed of the property.(b) A resident of a unit subject to this section.(c) A residents association with members who reside in units subject to this section.(d) A former resident of a unit subject to this section who last resided in that unit.(e) An If the applicant conforms to all of the following, an applicant seeking to enforce the covenants or restrictions for a particular unit that is subject to this section, if the applicant conforms to all of the following: section.(1) Is of low or moderate income, as defined in Section 50093 of the Health and Safety Code.(2) Is able and willing to occupy that particular unit.(3) Was denied occupancy of that particular unit due to an alleged breach of a covenant or restriction implementing this section.(f) A person on an affordable housing waiting list who is of low or moderate income, as defined in Section 50093 of the Health and Safety Code, and who is able and willing to occupy a unit subject to this section.
54222.5. An entity proposing to use the surplus land for developing low- and moderate-income housing shall agree to make available not less than 25 percent of the total number of units developed on the parcels at affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, or affordable rent, as defined in Section 50053 of the Health and Safety Code, to lower income households, as defined in Section 50079.5 of the Health and Safety Code. Rental units shall remain affordable to, and occupied by, lower income households for a period of at least 55 years. The initial occupants of all ownership units shall be lower income households, and the units shall be subject to an equity sharing agreement consistent with paragraph (2) of subdivision (c) of Section 65915. These requirements shall be contained in a covenant or restriction recorded against the surplus land at the time of sale, which shall run with the land and shall be enforceable, against any owner who violates a covenant or restriction and each successor in interest who continues the violation, by any of the following:(a) The local agency that disposed of the property.(b) A resident of a unit subject to this section.(c) A residents association with members who reside in units subject to this section.(d) A former resident of a unit subject to this section who last resided in that unit.(e) An If the applicant conforms to all of the following, an applicant seeking to enforce the covenants or restrictions for a particular unit that is subject to this section, if the applicant conforms to all of the following: section.(1) Is of low or moderate income, as defined in Section 50093 of the Health and Safety Code.(2) Is able and willing to occupy that particular unit.(3) Was denied occupancy of that particular unit due to an alleged breach of a covenant or restriction implementing this section.(f) A person on an affordable housing waiting list who is of low or moderate income, as defined in Section 50093 of the Health and Safety Code, and who is able and willing to occupy a unit subject to this section.
54222.5. An entity proposing to use the surplus land for developing low- and moderate-income housing shall agree to make available not less than 25 percent of the total number of units developed on the parcels at affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, or affordable rent, as defined in Section 50053 of the Health and Safety Code, to lower income households, as defined in Section 50079.5 of the Health and Safety Code. Rental units shall remain affordable to, and occupied by, lower income households for a period of at least 55 years. The initial occupants of all ownership units shall be lower income households, and the units shall be subject to an equity sharing agreement consistent with paragraph (2) of subdivision (c) of Section 65915. These requirements shall be contained in a covenant or restriction recorded against the surplus land at the time of sale, which shall run with the land and shall be enforceable, against any owner who violates a covenant or restriction and each successor in interest who continues the violation, by any of the following:(a) The local agency that disposed of the property.(b) A resident of a unit subject to this section.(c) A residents association with members who reside in units subject to this section.(d) A former resident of a unit subject to this section who last resided in that unit.(e) An If the applicant conforms to all of the following, an applicant seeking to enforce the covenants or restrictions for a particular unit that is subject to this section, if the applicant conforms to all of the following: section.(1) Is of low or moderate income, as defined in Section 50093 of the Health and Safety Code.(2) Is able and willing to occupy that particular unit.(3) Was denied occupancy of that particular unit due to an alleged breach of a covenant or restriction implementing this section.(f) A person on an affordable housing waiting list who is of low or moderate income, as defined in Section 50093 of the Health and Safety Code, and who is able and willing to occupy a unit subject to this section.
54222.5. An entity proposing to use the surplus land for developing low- and moderate-income housing shall agree to make available not less than 25 percent of the total number of units developed on the parcels at affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, or affordable rent, as defined in Section 50053 of the Health and Safety Code, to lower income households, as defined in Section 50079.5 of the Health and Safety Code. Rental units shall remain affordable to, and occupied by, lower income households for a period of at least 55 years. The initial occupants of all ownership units shall be lower income households, and the units shall be subject to an equity sharing agreement consistent with paragraph (2) of subdivision (c) of Section 65915. These requirements shall be contained in a covenant or restriction recorded against the surplus land at the time of sale, which shall run with the land and shall be enforceable, against any owner who violates a covenant or restriction and each successor in interest who continues the violation, by any of the following:
(a) The local agency that disposed of the property.
(b) A resident of a unit subject to this section.
(c) A residents association with members who reside in units subject to this section.
(d) A former resident of a unit subject to this section who last resided in that unit.
(e) An If the applicant conforms to all of the following, an applicant seeking to enforce the covenants or restrictions for a particular unit that is subject to this section, if the applicant conforms to all of the following: section.
(1) Is of low or moderate income, as defined in Section 50093 of the Health and Safety Code.
(2) Is able and willing to occupy that particular unit.
(3) Was denied occupancy of that particular unit due to an alleged breach of a covenant or restriction implementing this section.
(f) A person on an affordable housing waiting list who is of low or moderate income, as defined in Section 50093 of the Health and Safety Code, and who is able and willing to occupy a unit subject to this section.