The bill imposes new inspection requirements on local entities, thus creating a state-mandated local program. It stipulates that if a person acquires an ownership interest in a property subject to a notice of violation, they must comply with any mandates from an enforcement agency regarding substandard conditions. Furthermore, violations of municipal codes are expressly included in the enforcement protocols, which allows for more comprehensive regulation of properties that pose health and safety risks.
Assembly Bill 1858, introduced by Assembly Member Quirk-Silva, aims to amend several sections of the Health and Safety Code regarding substandard buildings. The bill specifies that a building is deemed substandard if its conditions endanger the health, safety, or welfare of its occupants, nearby residents, or the general public. This broadens the applicability of the substandard classification beyond just the occupants to also encompass those living in proximity to the affected structure. It also clarifies the definition of 'residential rental unit' to include any unit rented for human habitation in a building identified as substandard, irrespective of zoning laws or approvals.
Despite the bill's intentions to safeguard tenant health and safety, it has generated debate among legislators. Proponents argue that it enhances tenant rights and accountability for landlords managing substandard housing, while critics argue it may push for overregulation that could complicate compliance for property owners. The restructuring of relocation benefits in cases where tenants must vacate their homes adds further complexity, with adjustments allowing courts to determine compensation amounts based on equity, rather than strictly adhering to prior formulae. This could lead to variable outcomes in how tenants are compensated, creating disparities in management of substandard housing situations.