California 2019-2020 Regular Session

California Senate Bill SB652 Compare Versions

OldNewDifferences
1-Senate Bill No. 652 CHAPTER 154 An act to add Sections 1940.45 and 4706 to the Civil Code, relating to housing. [ Approved by Governor July 30, 2019. Filed with Secretary of State July 30, 2019. ] LEGISLATIVE COUNSEL'S DIGESTSB 652, Allen. Entry doors: display of religious items: prohibitions.(1) Existing law regulates the terms and conditions of residential tenancies, and prohibits a landlord from interfering with a tenants quiet enjoyment of the premises. Existing law prohibits a landlord from prohibiting a tenant from posting or displaying political signs relating to an election or legislative vote, the initiative, referendum, or recall process, or issues before a public body for a vote, except under certain circumstances.This bill would, with certain exceptions, prohibit a property owner, as defined, from enforcing or adopting a restriction that prohibits the display of religious items on an entry door or entry door frame of a dwelling.(2) Existing law, the Davis-Stirling Common Interest Development Act, prohibits the governing documents of a common interest development from prohibiting the posting or displaying of noncommercial signs, posters, flags, or banners on or in an owners separate interest, except as specified. This bill would prohibit the governing documents of a common interest development from prohibiting the display of religious items, as defined, on the entry door or entry door frame of a common interest development members separate interest. The bill would provide an exception to this prohibition for maintenance, repair, or replacement of an entry door or door frame, as specified.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 1940.45 is added to the Civil Code, immediately following Section 1940.4, to read:1940.45. (a) Except as otherwise provided by this section, a property owner shall not enforce or adopt a restrictive covenant or any other restriction that prohibits one or more religious items from being displayed or affixed on any entry door or entry door frame of a dwelling.(b) To the extent permitted by Article 1, Section 4, of the California Constitution and the First Amendment to the United States Constitution, this section does not prohibit the enforcement or adoption of a restrictive covenant or other restriction prohibiting the display or affixing of a religious item on any entry door or entry door frame to a dwelling that:(1) Threatens the public health or safety.(2) Hinders the opening or closing of any entry door.(3) Violates any federal, state, or local law.(4) Contains graphics, language or any display that is obscene or otherwise illegal.(5) Individually or in combination with any other religious item displayed or affixed on any entry door or door frame that has a total size greater than 36 by 12 square inches, provided it does not exceed the size of the door.(c) As used in this section, the following terms have the following meanings:(1) Property owner means all of the following:(A) An association, as that term is defined in Section 4080.(B) A board, as that term is defined in Section 4085.(C) A member, as that term is defined in Section 4160.(D) A landlord, as that term is defined in Section 1940.8.5.(E) A sublessor.(2) Religious item means an item displayed because of sincerely held religious beliefs. SEC. 2. Section 4706 is added to the Civil Code, to read:4706. (a) Except as restricted in Section 1940.5, no governing document shall limit or prohibit the display of one or more religious items on the entry door or entry door frame of the members separate interest.(b) If an association is performing maintenance, repair, or replacement of an entry door or door frame that serves a members separate interest, the member may be required to remove a religious item during the time the work is being performed. After completion of the associations work, the member may again display or affix the religious item. The association shall provide individual notice to the member regarding the temporary removal of the religious item.
1+Enrolled July 10, 2019 Passed IN Senate May 06, 2019 Passed IN Assembly July 08, 2019 Amended IN Senate April 22, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 652Introduced by Senators Allen, Glazer, Hertzberg, Jackson, Rubio, Stern, and Wiener(Principal coauthors: Assembly Members Bauer-Kahan, Berman, Bloom, Friedman, Gabriel, Levine, Medina, Nazarian, and Blanca Rubio)February 22, 2019 An act to add Sections 1940.45 and 4706 to the Civil Code, relating to housing. LEGISLATIVE COUNSEL'S DIGESTSB 652, Allen. Entry doors: display of religious items: prohibitions.(1) Existing law regulates the terms and conditions of residential tenancies, and prohibits a landlord from interfering with a tenants quiet enjoyment of the premises. Existing law prohibits a landlord from prohibiting a tenant from posting or displaying political signs relating to an election or legislative vote, the initiative, referendum, or recall process, or issues before a public body for a vote, except under certain circumstances.This bill would, with certain exceptions, prohibit a property owner, as defined, from enforcing or adopting a restriction that prohibits the display of religious items on an entry door or entry door frame of a dwelling.(2) Existing law, the Davis-Stirling Common Interest Development Act, prohibits the governing documents of a common interest development from prohibiting the posting or displaying of noncommercial signs, posters, flags, or banners on or in an owners separate interest, except as specified. This bill would prohibit the governing documents of a common interest development from prohibiting the display of religious items, as defined, on the entry door or entry door frame of a common interest development members separate interest. The bill would provide an exception to this prohibition for maintenance, repair, or replacement of an entry door or door frame, as specified.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 1940.45 is added to the Civil Code, immediately following Section 1940.4, to read:1940.45. (a) Except as otherwise provided by this section, a property owner shall not enforce or adopt a restrictive covenant or any other restriction that prohibits one or more religious items from being displayed or affixed on any entry door or entry door frame of a dwelling.(b) To the extent permitted by Article 1, Section 4, of the California Constitution and the First Amendment to the United States Constitution, this section does not prohibit the enforcement or adoption of a restrictive covenant or other restriction prohibiting the display or affixing of a religious item on any entry door or entry door frame to a dwelling that:(1) Threatens the public health or safety.(2) Hinders the opening or closing of any entry door.(3) Violates any federal, state, or local law.(4) Contains graphics, language or any display that is obscene or otherwise illegal.(5) Individually or in combination with any other religious item displayed or affixed on any entry door or door frame that has a total size greater than 36 by 12 square inches, provided it does not exceed the size of the door.(c) As used in this section, the following terms have the following meanings:(1) Property owner means all of the following:(A) An association, as that term is defined in Section 4080.(B) A board, as that term is defined in Section 4085.(C) A member, as that term is defined in Section 4160.(D) A landlord, as that term is defined in Section 1940.8.5.(E) A sublessor.(2) Religious item means an item displayed because of sincerely held religious beliefs. SEC. 2. Section 4706 is added to the Civil Code, to read:4706. (a) Except as restricted in Section 1940.5, no governing document shall limit or prohibit the display of one or more religious items on the entry door or entry door frame of the members separate interest.(b) If an association is performing maintenance, repair, or replacement of an entry door or door frame that serves a members separate interest, the member may be required to remove a religious item during the time the work is being performed. After completion of the associations work, the member may again display or affix the religious item. The association shall provide individual notice to the member regarding the temporary removal of the religious item.
22
3- Senate Bill No. 652 CHAPTER 154 An act to add Sections 1940.45 and 4706 to the Civil Code, relating to housing. [ Approved by Governor July 30, 2019. Filed with Secretary of State July 30, 2019. ] LEGISLATIVE COUNSEL'S DIGESTSB 652, Allen. Entry doors: display of religious items: prohibitions.(1) Existing law regulates the terms and conditions of residential tenancies, and prohibits a landlord from interfering with a tenants quiet enjoyment of the premises. Existing law prohibits a landlord from prohibiting a tenant from posting or displaying political signs relating to an election or legislative vote, the initiative, referendum, or recall process, or issues before a public body for a vote, except under certain circumstances.This bill would, with certain exceptions, prohibit a property owner, as defined, from enforcing or adopting a restriction that prohibits the display of religious items on an entry door or entry door frame of a dwelling.(2) Existing law, the Davis-Stirling Common Interest Development Act, prohibits the governing documents of a common interest development from prohibiting the posting or displaying of noncommercial signs, posters, flags, or banners on or in an owners separate interest, except as specified. This bill would prohibit the governing documents of a common interest development from prohibiting the display of religious items, as defined, on the entry door or entry door frame of a common interest development members separate interest. The bill would provide an exception to this prohibition for maintenance, repair, or replacement of an entry door or door frame, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
3+ Enrolled July 10, 2019 Passed IN Senate May 06, 2019 Passed IN Assembly July 08, 2019 Amended IN Senate April 22, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 652Introduced by Senators Allen, Glazer, Hertzberg, Jackson, Rubio, Stern, and Wiener(Principal coauthors: Assembly Members Bauer-Kahan, Berman, Bloom, Friedman, Gabriel, Levine, Medina, Nazarian, and Blanca Rubio)February 22, 2019 An act to add Sections 1940.45 and 4706 to the Civil Code, relating to housing. LEGISLATIVE COUNSEL'S DIGESTSB 652, Allen. Entry doors: display of religious items: prohibitions.(1) Existing law regulates the terms and conditions of residential tenancies, and prohibits a landlord from interfering with a tenants quiet enjoyment of the premises. Existing law prohibits a landlord from prohibiting a tenant from posting or displaying political signs relating to an election or legislative vote, the initiative, referendum, or recall process, or issues before a public body for a vote, except under certain circumstances.This bill would, with certain exceptions, prohibit a property owner, as defined, from enforcing or adopting a restriction that prohibits the display of religious items on an entry door or entry door frame of a dwelling.(2) Existing law, the Davis-Stirling Common Interest Development Act, prohibits the governing documents of a common interest development from prohibiting the posting or displaying of noncommercial signs, posters, flags, or banners on or in an owners separate interest, except as specified. This bill would prohibit the governing documents of a common interest development from prohibiting the display of religious items, as defined, on the entry door or entry door frame of a common interest development members separate interest. The bill would provide an exception to this prohibition for maintenance, repair, or replacement of an entry door or door frame, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
44
5- Senate Bill No. 652 CHAPTER 154
5+ Enrolled July 10, 2019 Passed IN Senate May 06, 2019 Passed IN Assembly July 08, 2019 Amended IN Senate April 22, 2019
66
7- Senate Bill No. 652
7+Enrolled July 10, 2019
8+Passed IN Senate May 06, 2019
9+Passed IN Assembly July 08, 2019
10+Amended IN Senate April 22, 2019
811
9- CHAPTER 154
12+ CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
13+
14+ Senate Bill
15+
16+No. 652
17+
18+Introduced by Senators Allen, Glazer, Hertzberg, Jackson, Rubio, Stern, and Wiener(Principal coauthors: Assembly Members Bauer-Kahan, Berman, Bloom, Friedman, Gabriel, Levine, Medina, Nazarian, and Blanca Rubio)February 22, 2019
19+
20+Introduced by Senators Allen, Glazer, Hertzberg, Jackson, Rubio, Stern, and Wiener(Principal coauthors: Assembly Members Bauer-Kahan, Berman, Bloom, Friedman, Gabriel, Levine, Medina, Nazarian, and Blanca Rubio)
21+February 22, 2019
1022
1123 An act to add Sections 1940.45 and 4706 to the Civil Code, relating to housing.
12-
13- [ Approved by Governor July 30, 2019. Filed with Secretary of State July 30, 2019. ]
1424
1525 LEGISLATIVE COUNSEL'S DIGEST
1626
1727 ## LEGISLATIVE COUNSEL'S DIGEST
1828
1929 SB 652, Allen. Entry doors: display of religious items: prohibitions.
2030
2131 (1) Existing law regulates the terms and conditions of residential tenancies, and prohibits a landlord from interfering with a tenants quiet enjoyment of the premises. Existing law prohibits a landlord from prohibiting a tenant from posting or displaying political signs relating to an election or legislative vote, the initiative, referendum, or recall process, or issues before a public body for a vote, except under certain circumstances.This bill would, with certain exceptions, prohibit a property owner, as defined, from enforcing or adopting a restriction that prohibits the display of religious items on an entry door or entry door frame of a dwelling.(2) Existing law, the Davis-Stirling Common Interest Development Act, prohibits the governing documents of a common interest development from prohibiting the posting or displaying of noncommercial signs, posters, flags, or banners on or in an owners separate interest, except as specified. This bill would prohibit the governing documents of a common interest development from prohibiting the display of religious items, as defined, on the entry door or entry door frame of a common interest development members separate interest. The bill would provide an exception to this prohibition for maintenance, repair, or replacement of an entry door or door frame, as specified.
2232
2333 (1) Existing law regulates the terms and conditions of residential tenancies, and prohibits a landlord from interfering with a tenants quiet enjoyment of the premises. Existing law prohibits a landlord from prohibiting a tenant from posting or displaying political signs relating to an election or legislative vote, the initiative, referendum, or recall process, or issues before a public body for a vote, except under certain circumstances.
2434
2535 This bill would, with certain exceptions, prohibit a property owner, as defined, from enforcing or adopting a restriction that prohibits the display of religious items on an entry door or entry door frame of a dwelling.
2636
2737 (2) Existing law, the Davis-Stirling Common Interest Development Act, prohibits the governing documents of a common interest development from prohibiting the posting or displaying of noncommercial signs, posters, flags, or banners on or in an owners separate interest, except as specified.
2838
2939 This bill would prohibit the governing documents of a common interest development from prohibiting the display of religious items, as defined, on the entry door or entry door frame of a common interest development members separate interest. The bill would provide an exception to this prohibition for maintenance, repair, or replacement of an entry door or door frame, as specified.
3040
3141 ## Digest Key
3242
3343 ## Bill Text
3444
3545 The people of the State of California do enact as follows:SECTION 1. Section 1940.45 is added to the Civil Code, immediately following Section 1940.4, to read:1940.45. (a) Except as otherwise provided by this section, a property owner shall not enforce or adopt a restrictive covenant or any other restriction that prohibits one or more religious items from being displayed or affixed on any entry door or entry door frame of a dwelling.(b) To the extent permitted by Article 1, Section 4, of the California Constitution and the First Amendment to the United States Constitution, this section does not prohibit the enforcement or adoption of a restrictive covenant or other restriction prohibiting the display or affixing of a religious item on any entry door or entry door frame to a dwelling that:(1) Threatens the public health or safety.(2) Hinders the opening or closing of any entry door.(3) Violates any federal, state, or local law.(4) Contains graphics, language or any display that is obscene or otherwise illegal.(5) Individually or in combination with any other religious item displayed or affixed on any entry door or door frame that has a total size greater than 36 by 12 square inches, provided it does not exceed the size of the door.(c) As used in this section, the following terms have the following meanings:(1) Property owner means all of the following:(A) An association, as that term is defined in Section 4080.(B) A board, as that term is defined in Section 4085.(C) A member, as that term is defined in Section 4160.(D) A landlord, as that term is defined in Section 1940.8.5.(E) A sublessor.(2) Religious item means an item displayed because of sincerely held religious beliefs. SEC. 2. Section 4706 is added to the Civil Code, to read:4706. (a) Except as restricted in Section 1940.5, no governing document shall limit or prohibit the display of one or more religious items on the entry door or entry door frame of the members separate interest.(b) If an association is performing maintenance, repair, or replacement of an entry door or door frame that serves a members separate interest, the member may be required to remove a religious item during the time the work is being performed. After completion of the associations work, the member may again display or affix the religious item. The association shall provide individual notice to the member regarding the temporary removal of the religious item.
3646
3747 The people of the State of California do enact as follows:
3848
3949 ## The people of the State of California do enact as follows:
4050
4151 SECTION 1. Section 1940.45 is added to the Civil Code, immediately following Section 1940.4, to read:1940.45. (a) Except as otherwise provided by this section, a property owner shall not enforce or adopt a restrictive covenant or any other restriction that prohibits one or more religious items from being displayed or affixed on any entry door or entry door frame of a dwelling.(b) To the extent permitted by Article 1, Section 4, of the California Constitution and the First Amendment to the United States Constitution, this section does not prohibit the enforcement or adoption of a restrictive covenant or other restriction prohibiting the display or affixing of a religious item on any entry door or entry door frame to a dwelling that:(1) Threatens the public health or safety.(2) Hinders the opening or closing of any entry door.(3) Violates any federal, state, or local law.(4) Contains graphics, language or any display that is obscene or otherwise illegal.(5) Individually or in combination with any other religious item displayed or affixed on any entry door or door frame that has a total size greater than 36 by 12 square inches, provided it does not exceed the size of the door.(c) As used in this section, the following terms have the following meanings:(1) Property owner means all of the following:(A) An association, as that term is defined in Section 4080.(B) A board, as that term is defined in Section 4085.(C) A member, as that term is defined in Section 4160.(D) A landlord, as that term is defined in Section 1940.8.5.(E) A sublessor.(2) Religious item means an item displayed because of sincerely held religious beliefs.
4252
4353 SECTION 1. Section 1940.45 is added to the Civil Code, immediately following Section 1940.4, to read:
4454
4555 ### SECTION 1.
4656
4757 1940.45. (a) Except as otherwise provided by this section, a property owner shall not enforce or adopt a restrictive covenant or any other restriction that prohibits one or more religious items from being displayed or affixed on any entry door or entry door frame of a dwelling.(b) To the extent permitted by Article 1, Section 4, of the California Constitution and the First Amendment to the United States Constitution, this section does not prohibit the enforcement or adoption of a restrictive covenant or other restriction prohibiting the display or affixing of a religious item on any entry door or entry door frame to a dwelling that:(1) Threatens the public health or safety.(2) Hinders the opening or closing of any entry door.(3) Violates any federal, state, or local law.(4) Contains graphics, language or any display that is obscene or otherwise illegal.(5) Individually or in combination with any other religious item displayed or affixed on any entry door or door frame that has a total size greater than 36 by 12 square inches, provided it does not exceed the size of the door.(c) As used in this section, the following terms have the following meanings:(1) Property owner means all of the following:(A) An association, as that term is defined in Section 4080.(B) A board, as that term is defined in Section 4085.(C) A member, as that term is defined in Section 4160.(D) A landlord, as that term is defined in Section 1940.8.5.(E) A sublessor.(2) Religious item means an item displayed because of sincerely held religious beliefs.
4858
4959 1940.45. (a) Except as otherwise provided by this section, a property owner shall not enforce or adopt a restrictive covenant or any other restriction that prohibits one or more religious items from being displayed or affixed on any entry door or entry door frame of a dwelling.(b) To the extent permitted by Article 1, Section 4, of the California Constitution and the First Amendment to the United States Constitution, this section does not prohibit the enforcement or adoption of a restrictive covenant or other restriction prohibiting the display or affixing of a religious item on any entry door or entry door frame to a dwelling that:(1) Threatens the public health or safety.(2) Hinders the opening or closing of any entry door.(3) Violates any federal, state, or local law.(4) Contains graphics, language or any display that is obscene or otherwise illegal.(5) Individually or in combination with any other religious item displayed or affixed on any entry door or door frame that has a total size greater than 36 by 12 square inches, provided it does not exceed the size of the door.(c) As used in this section, the following terms have the following meanings:(1) Property owner means all of the following:(A) An association, as that term is defined in Section 4080.(B) A board, as that term is defined in Section 4085.(C) A member, as that term is defined in Section 4160.(D) A landlord, as that term is defined in Section 1940.8.5.(E) A sublessor.(2) Religious item means an item displayed because of sincerely held religious beliefs.
5060
5161 1940.45. (a) Except as otherwise provided by this section, a property owner shall not enforce or adopt a restrictive covenant or any other restriction that prohibits one or more religious items from being displayed or affixed on any entry door or entry door frame of a dwelling.(b) To the extent permitted by Article 1, Section 4, of the California Constitution and the First Amendment to the United States Constitution, this section does not prohibit the enforcement or adoption of a restrictive covenant or other restriction prohibiting the display or affixing of a religious item on any entry door or entry door frame to a dwelling that:(1) Threatens the public health or safety.(2) Hinders the opening or closing of any entry door.(3) Violates any federal, state, or local law.(4) Contains graphics, language or any display that is obscene or otherwise illegal.(5) Individually or in combination with any other religious item displayed or affixed on any entry door or door frame that has a total size greater than 36 by 12 square inches, provided it does not exceed the size of the door.(c) As used in this section, the following terms have the following meanings:(1) Property owner means all of the following:(A) An association, as that term is defined in Section 4080.(B) A board, as that term is defined in Section 4085.(C) A member, as that term is defined in Section 4160.(D) A landlord, as that term is defined in Section 1940.8.5.(E) A sublessor.(2) Religious item means an item displayed because of sincerely held religious beliefs.
5262
5363
5464
5565 1940.45. (a) Except as otherwise provided by this section, a property owner shall not enforce or adopt a restrictive covenant or any other restriction that prohibits one or more religious items from being displayed or affixed on any entry door or entry door frame of a dwelling.
5666
5767 (b) To the extent permitted by Article 1, Section 4, of the California Constitution and the First Amendment to the United States Constitution, this section does not prohibit the enforcement or adoption of a restrictive covenant or other restriction prohibiting the display or affixing of a religious item on any entry door or entry door frame to a dwelling that:
5868
5969 (1) Threatens the public health or safety.
6070
6171 (2) Hinders the opening or closing of any entry door.
6272
6373 (3) Violates any federal, state, or local law.
6474
6575 (4) Contains graphics, language or any display that is obscene or otherwise illegal.
6676
6777 (5) Individually or in combination with any other religious item displayed or affixed on any entry door or door frame that has a total size greater than 36 by 12 square inches, provided it does not exceed the size of the door.
6878
6979 (c) As used in this section, the following terms have the following meanings:
7080
7181 (1) Property owner means all of the following:
7282
7383 (A) An association, as that term is defined in Section 4080.
7484
7585 (B) A board, as that term is defined in Section 4085.
7686
7787 (C) A member, as that term is defined in Section 4160.
7888
7989 (D) A landlord, as that term is defined in Section 1940.8.5.
8090
8191 (E) A sublessor.
8292
8393 (2) Religious item means an item displayed because of sincerely held religious beliefs.
8494
8595 SEC. 2. Section 4706 is added to the Civil Code, to read:4706. (a) Except as restricted in Section 1940.5, no governing document shall limit or prohibit the display of one or more religious items on the entry door or entry door frame of the members separate interest.(b) If an association is performing maintenance, repair, or replacement of an entry door or door frame that serves a members separate interest, the member may be required to remove a religious item during the time the work is being performed. After completion of the associations work, the member may again display or affix the religious item. The association shall provide individual notice to the member regarding the temporary removal of the religious item.
8696
8797 SEC. 2. Section 4706 is added to the Civil Code, to read:
8898
8999 ### SEC. 2.
90100
91101 4706. (a) Except as restricted in Section 1940.5, no governing document shall limit or prohibit the display of one or more religious items on the entry door or entry door frame of the members separate interest.(b) If an association is performing maintenance, repair, or replacement of an entry door or door frame that serves a members separate interest, the member may be required to remove a religious item during the time the work is being performed. After completion of the associations work, the member may again display or affix the religious item. The association shall provide individual notice to the member regarding the temporary removal of the religious item.
92102
93103 4706. (a) Except as restricted in Section 1940.5, no governing document shall limit or prohibit the display of one or more religious items on the entry door or entry door frame of the members separate interest.(b) If an association is performing maintenance, repair, or replacement of an entry door or door frame that serves a members separate interest, the member may be required to remove a religious item during the time the work is being performed. After completion of the associations work, the member may again display or affix the religious item. The association shall provide individual notice to the member regarding the temporary removal of the religious item.
94104
95105 4706. (a) Except as restricted in Section 1940.5, no governing document shall limit or prohibit the display of one or more religious items on the entry door or entry door frame of the members separate interest.(b) If an association is performing maintenance, repair, or replacement of an entry door or door frame that serves a members separate interest, the member may be required to remove a religious item during the time the work is being performed. After completion of the associations work, the member may again display or affix the religious item. The association shall provide individual notice to the member regarding the temporary removal of the religious item.
96106
97107
98108
99109 4706. (a) Except as restricted in Section 1940.5, no governing document shall limit or prohibit the display of one or more religious items on the entry door or entry door frame of the members separate interest.
100110
101111 (b) If an association is performing maintenance, repair, or replacement of an entry door or door frame that serves a members separate interest, the member may be required to remove a religious item during the time the work is being performed. After completion of the associations work, the member may again display or affix the religious item. The association shall provide individual notice to the member regarding the temporary removal of the religious item.