Amended IN Senate June 23, 2023 Amended IN Assembly April 17, 2023 Amended IN Assembly March 13, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1317Introduced by Assembly Member Wendy Carrillo(Coauthor: Assembly Member Kalra)(Coauthors: Assembly Members Kalra and Lee)February 16, 2023An act to add Section 1947.1 to the Civil Code, relating to tenancy. LEGISLATIVE COUNSEL'S DIGESTAB 1317, as amended, Wendy Carrillo. Unbundled parking.Existing law prohibits an owner of residential real property from, over the course of any 12-month period, increasing the gross rental rate for a dwelling or a unit more than 5% plus the percentage change in the cost of living, or 10%, whichever is lower, of the lowest gross rental rate charged for that dwelling or unit at any time during the 12 months before the effective date of the increase, as prescribed.This bill would require the owner of qualifying residential property, as defined, that provides parking with the qualifying residential property to unbundle parking from the price of rent, as specified. The bill would define unbundled parking as the practice of selling or leasing parking spaces separate from the lease of the residential use. The bill would define qualifying residential property as any dwelling or unit that is intended for human habitation that (1) is issued a certificate of occupancy on or after January 1, 2025, (2) consists of 16 or more residential units, and (3) is located within the County of Alameda, Fresno, Los Angeles, Riverside, Sacramento, San Bernardino, San Joaquin, Santa Clara, Shasta, or Ventura. The bill would provide a tenant of a qualifying residential property with a right of first refusal to parking spaces built for their unit, as specified. The bill, for qualifying residential properties where unbundled parking is not possible, as provided, would require the owner of qualifying residential property to provide a tenant with an annual itemization of the market rate cost of parking, as defined, for the parking spaces that are included in their lease. bill would prohibit the breach of a separately leased parking agreement from forming the basis of any unlawful detainer action against the tenant. The bill would authorize a property owner, if a tenant fails to pay by the 30th day following the date payment is owed for a separately leased parking space, to revoke that tenants right to lease that parking spot. The bill would exempt qualifying residential properties with individual garages that are functionally a part of the property from these provisions.This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Alameda, Fresno, Los Angeles, Riverside, Sacramento, San Bernardino, San Joaquin, Santa Clara, Shasta, and Ventura.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 1947.1 is added to the Civil Code, to read:1947.1. (a) If an owner of a qualifying residential property provides parking with the qualifying residential property, they shall unbundle parking from the price of rent.(b) (1) Off-street parking accessory to a qualifying residential property shall not be included in any residential rental agreement and shall be subject to a rental agreement addendum or provided in a separate rental agreement. (2) All off-street parking spaces shall be unbundled from the qualifying residential property for the life of the property.(c) (1) A tenant of a qualifying residential property shall have the right of first refusal to parking spaces built for their property. Remaining residential unbundled parking spaces that are not leased to tenants of the residential dwelling may be leased by the owner of the qualifying residential property to other on-site users or to off-site residential users on a month-to-month basis.(2) If there is are unavailable parking spaces on the residential property upon the occupancy of a new tenant, and parking spaces are subsequently built for the residential dwelling or otherwise becomes available on the qualifying residential property, the new tenant shall receive a right of first refusal to an available parking space.(d)For qualifying residential properties where unbundled parking is not possible, as determined by the owner of the qualifying residential property, a tenant shall be provided with an annual itemization of the market rate cost of parking for the parking spaces that are included in their lease. (e)For purposes of this section, all of the following apply with respect to the market rate cost of parking:(1)Market rate cost of parking means an amount that is no less than if the parking were to be obtained by an individual unaffiliated with the property on which parking is provided or by the owner of a qualifying residential property through a transaction with no special rate due to a property lease for the closest publicly available parking within one-quarter mile of the qualifying residential property. The owner of a qualifying residential property shall maintain appropriate evidence of its effort to establish the market rate cost of parking pursuant to this paragraph for at least four years.(2)If the market rate cost of parking cannot be established pursuant to paragraph (1), an amount that is the monthly or daily price for use of a parking space located within one-quarter mile of the qualifying residential property, as evidenced by a public offer, such as a printed or otherwise publicly displayed advertisement, or a listing including price, such as on a publicly accessible parking smartphone application, available for acceptance by a member of the public, for use of that parking space from within the previous six months. If the owner of qualifying residential property calculates the market rate cost of parking pursuant to this paragraph, the owner of qualifying residential property shall maintain appropriate evidence of the offer it relied upon, such as a physical copy or photograph of an advertisement or a screenshot showing availability and price within a parking smartphone application, for at least four years from the time of any cash allowance payment made based upon that offer.(3)If the market rate cost of parking cannot be established pursuant to paragraph (1) or (2), market rate cost of parking means the monthly price of the lowest priced transit serving within one-quarter mile of the site or fifty dollars ($50) per month, whichever is higher.(4)For purposes of this subdivision, free parking shall not be considered when determining the market rate cost of parking. (d) (1) Breach of a separately leased parking agreement shall not form the basis of any unlawful detainer action against the tenant.(2) If a tenant fails to pay by the 30th day following the date payment is owed for a separately leased parking space, the property owner may revoke that tenants right to lease that parking spot.(f)(e) For purposes of this section:(1) Owner of qualifying residential property includes any person, acting as principal or through an agent, having the right to offer qualifying residential property for rent, and includes a predecessor in interest to the owner.(2) (A) Qualifying residential property means any dwelling or unit that is intended for human habitation that meets all of the following criteria:(i) The property is issued a certificate of occupancy on or after January 1, 2025.(ii) The property consists of 16 or more residential units.(iii) The property is located in one of the following counties:(I) Alameda.(II) Fresno.(III) Los Angeles.(IV) Riverside.(V) Sacramento.(VI) San Bernardino.(VII) San Joaquin.(VIII) Santa Clara.(IX) Shasta.(X) Ventura.(B) Qualifying residential property does not include a residential property or unit with an individual garage that is functionally a part of the property or unit, including, but not limited to, townhouses and row houses.(3) Unbundled parking means the practice of selling or leasing parking spaces separate from the lease of the residential property.SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the need to determine the potential benefits of unbundled parking on a limited basis before expanding the policy statewide.
Amended IN Senate June 23, 2023 Amended IN Assembly April 17, 2023 Amended IN Assembly March 13, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1317Introduced by Assembly Member Wendy Carrillo(Coauthor: Assembly Member Kalra)(Coauthors: Assembly Members Kalra and Lee)February 16, 2023An act to add Section 1947.1 to the Civil Code, relating to tenancy. LEGISLATIVE COUNSEL'S DIGESTAB 1317, as amended, Wendy Carrillo. Unbundled parking.Existing law prohibits an owner of residential real property from, over the course of any 12-month period, increasing the gross rental rate for a dwelling or a unit more than 5% plus the percentage change in the cost of living, or 10%, whichever is lower, of the lowest gross rental rate charged for that dwelling or unit at any time during the 12 months before the effective date of the increase, as prescribed.This bill would require the owner of qualifying residential property, as defined, that provides parking with the qualifying residential property to unbundle parking from the price of rent, as specified. The bill would define unbundled parking as the practice of selling or leasing parking spaces separate from the lease of the residential use. The bill would define qualifying residential property as any dwelling or unit that is intended for human habitation that (1) is issued a certificate of occupancy on or after January 1, 2025, (2) consists of 16 or more residential units, and (3) is located within the County of Alameda, Fresno, Los Angeles, Riverside, Sacramento, San Bernardino, San Joaquin, Santa Clara, Shasta, or Ventura. The bill would provide a tenant of a qualifying residential property with a right of first refusal to parking spaces built for their unit, as specified. The bill, for qualifying residential properties where unbundled parking is not possible, as provided, would require the owner of qualifying residential property to provide a tenant with an annual itemization of the market rate cost of parking, as defined, for the parking spaces that are included in their lease. bill would prohibit the breach of a separately leased parking agreement from forming the basis of any unlawful detainer action against the tenant. The bill would authorize a property owner, if a tenant fails to pay by the 30th day following the date payment is owed for a separately leased parking space, to revoke that tenants right to lease that parking spot. The bill would exempt qualifying residential properties with individual garages that are functionally a part of the property from these provisions.This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Alameda, Fresno, Los Angeles, Riverside, Sacramento, San Bernardino, San Joaquin, Santa Clara, Shasta, and Ventura.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Amended IN Senate June 23, 2023 Amended IN Assembly April 17, 2023 Amended IN Assembly March 13, 2023
Amended IN Senate June 23, 2023
Amended IN Assembly April 17, 2023
Amended IN Assembly March 13, 2023
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 1317
Introduced by Assembly Member Wendy Carrillo(Coauthor: Assembly Member Kalra)(Coauthors: Assembly Members Kalra and Lee)February 16, 2023
Introduced by Assembly Member Wendy Carrillo(Coauthor: Assembly Member Kalra)(Coauthors: Assembly Members Kalra and Lee)
February 16, 2023
An act to add Section 1947.1 to the Civil Code, relating to tenancy.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1317, as amended, Wendy Carrillo. Unbundled parking.
Existing law prohibits an owner of residential real property from, over the course of any 12-month period, increasing the gross rental rate for a dwelling or a unit more than 5% plus the percentage change in the cost of living, or 10%, whichever is lower, of the lowest gross rental rate charged for that dwelling or unit at any time during the 12 months before the effective date of the increase, as prescribed.This bill would require the owner of qualifying residential property, as defined, that provides parking with the qualifying residential property to unbundle parking from the price of rent, as specified. The bill would define unbundled parking as the practice of selling or leasing parking spaces separate from the lease of the residential use. The bill would define qualifying residential property as any dwelling or unit that is intended for human habitation that (1) is issued a certificate of occupancy on or after January 1, 2025, (2) consists of 16 or more residential units, and (3) is located within the County of Alameda, Fresno, Los Angeles, Riverside, Sacramento, San Bernardino, San Joaquin, Santa Clara, Shasta, or Ventura. The bill would provide a tenant of a qualifying residential property with a right of first refusal to parking spaces built for their unit, as specified. The bill, for qualifying residential properties where unbundled parking is not possible, as provided, would require the owner of qualifying residential property to provide a tenant with an annual itemization of the market rate cost of parking, as defined, for the parking spaces that are included in their lease. bill would prohibit the breach of a separately leased parking agreement from forming the basis of any unlawful detainer action against the tenant. The bill would authorize a property owner, if a tenant fails to pay by the 30th day following the date payment is owed for a separately leased parking space, to revoke that tenants right to lease that parking spot. The bill would exempt qualifying residential properties with individual garages that are functionally a part of the property from these provisions.This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Alameda, Fresno, Los Angeles, Riverside, Sacramento, San Bernardino, San Joaquin, Santa Clara, Shasta, and Ventura.
Existing law prohibits an owner of residential real property from, over the course of any 12-month period, increasing the gross rental rate for a dwelling or a unit more than 5% plus the percentage change in the cost of living, or 10%, whichever is lower, of the lowest gross rental rate charged for that dwelling or unit at any time during the 12 months before the effective date of the increase, as prescribed.
This bill would require the owner of qualifying residential property, as defined, that provides parking with the qualifying residential property to unbundle parking from the price of rent, as specified. The bill would define unbundled parking as the practice of selling or leasing parking spaces separate from the lease of the residential use. The bill would define qualifying residential property as any dwelling or unit that is intended for human habitation that (1) is issued a certificate of occupancy on or after January 1, 2025, (2) consists of 16 or more residential units, and (3) is located within the County of Alameda, Fresno, Los Angeles, Riverside, Sacramento, San Bernardino, San Joaquin, Santa Clara, Shasta, or Ventura. The bill would provide a tenant of a qualifying residential property with a right of first refusal to parking spaces built for their unit, as specified. The bill, for qualifying residential properties where unbundled parking is not possible, as provided, would require the owner of qualifying residential property to provide a tenant with an annual itemization of the market rate cost of parking, as defined, for the parking spaces that are included in their lease. bill would prohibit the breach of a separately leased parking agreement from forming the basis of any unlawful detainer action against the tenant. The bill would authorize a property owner, if a tenant fails to pay by the 30th day following the date payment is owed for a separately leased parking space, to revoke that tenants right to lease that parking spot. The bill would exempt qualifying residential properties with individual garages that are functionally a part of the property from these provisions.
This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Alameda, Fresno, Los Angeles, Riverside, Sacramento, San Bernardino, San Joaquin, Santa Clara, Shasta, and Ventura.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 1947.1 is added to the Civil Code, to read:1947.1. (a) If an owner of a qualifying residential property provides parking with the qualifying residential property, they shall unbundle parking from the price of rent.(b) (1) Off-street parking accessory to a qualifying residential property shall not be included in any residential rental agreement and shall be subject to a rental agreement addendum or provided in a separate rental agreement. (2) All off-street parking spaces shall be unbundled from the qualifying residential property for the life of the property.(c) (1) A tenant of a qualifying residential property shall have the right of first refusal to parking spaces built for their property. Remaining residential unbundled parking spaces that are not leased to tenants of the residential dwelling may be leased by the owner of the qualifying residential property to other on-site users or to off-site residential users on a month-to-month basis.(2) If there is are unavailable parking spaces on the residential property upon the occupancy of a new tenant, and parking spaces are subsequently built for the residential dwelling or otherwise becomes available on the qualifying residential property, the new tenant shall receive a right of first refusal to an available parking space.(d)For qualifying residential properties where unbundled parking is not possible, as determined by the owner of the qualifying residential property, a tenant shall be provided with an annual itemization of the market rate cost of parking for the parking spaces that are included in their lease. (e)For purposes of this section, all of the following apply with respect to the market rate cost of parking:(1)Market rate cost of parking means an amount that is no less than if the parking were to be obtained by an individual unaffiliated with the property on which parking is provided or by the owner of a qualifying residential property through a transaction with no special rate due to a property lease for the closest publicly available parking within one-quarter mile of the qualifying residential property. The owner of a qualifying residential property shall maintain appropriate evidence of its effort to establish the market rate cost of parking pursuant to this paragraph for at least four years.(2)If the market rate cost of parking cannot be established pursuant to paragraph (1), an amount that is the monthly or daily price for use of a parking space located within one-quarter mile of the qualifying residential property, as evidenced by a public offer, such as a printed or otherwise publicly displayed advertisement, or a listing including price, such as on a publicly accessible parking smartphone application, available for acceptance by a member of the public, for use of that parking space from within the previous six months. If the owner of qualifying residential property calculates the market rate cost of parking pursuant to this paragraph, the owner of qualifying residential property shall maintain appropriate evidence of the offer it relied upon, such as a physical copy or photograph of an advertisement or a screenshot showing availability and price within a parking smartphone application, for at least four years from the time of any cash allowance payment made based upon that offer.(3)If the market rate cost of parking cannot be established pursuant to paragraph (1) or (2), market rate cost of parking means the monthly price of the lowest priced transit serving within one-quarter mile of the site or fifty dollars ($50) per month, whichever is higher.(4)For purposes of this subdivision, free parking shall not be considered when determining the market rate cost of parking. (d) (1) Breach of a separately leased parking agreement shall not form the basis of any unlawful detainer action against the tenant.(2) If a tenant fails to pay by the 30th day following the date payment is owed for a separately leased parking space, the property owner may revoke that tenants right to lease that parking spot.(f)(e) For purposes of this section:(1) Owner of qualifying residential property includes any person, acting as principal or through an agent, having the right to offer qualifying residential property for rent, and includes a predecessor in interest to the owner.(2) (A) Qualifying residential property means any dwelling or unit that is intended for human habitation that meets all of the following criteria:(i) The property is issued a certificate of occupancy on or after January 1, 2025.(ii) The property consists of 16 or more residential units.(iii) The property is located in one of the following counties:(I) Alameda.(II) Fresno.(III) Los Angeles.(IV) Riverside.(V) Sacramento.(VI) San Bernardino.(VII) San Joaquin.(VIII) Santa Clara.(IX) Shasta.(X) Ventura.(B) Qualifying residential property does not include a residential property or unit with an individual garage that is functionally a part of the property or unit, including, but not limited to, townhouses and row houses.(3) Unbundled parking means the practice of selling or leasing parking spaces separate from the lease of the residential property.SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the need to determine the potential benefits of unbundled parking on a limited basis before expanding the policy statewide.
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 1947.1 is added to the Civil Code, to read:1947.1. (a) If an owner of a qualifying residential property provides parking with the qualifying residential property, they shall unbundle parking from the price of rent.(b) (1) Off-street parking accessory to a qualifying residential property shall not be included in any residential rental agreement and shall be subject to a rental agreement addendum or provided in a separate rental agreement. (2) All off-street parking spaces shall be unbundled from the qualifying residential property for the life of the property.(c) (1) A tenant of a qualifying residential property shall have the right of first refusal to parking spaces built for their property. Remaining residential unbundled parking spaces that are not leased to tenants of the residential dwelling may be leased by the owner of the qualifying residential property to other on-site users or to off-site residential users on a month-to-month basis.(2) If there is are unavailable parking spaces on the residential property upon the occupancy of a new tenant, and parking spaces are subsequently built for the residential dwelling or otherwise becomes available on the qualifying residential property, the new tenant shall receive a right of first refusal to an available parking space.(d)For qualifying residential properties where unbundled parking is not possible, as determined by the owner of the qualifying residential property, a tenant shall be provided with an annual itemization of the market rate cost of parking for the parking spaces that are included in their lease. (e)For purposes of this section, all of the following apply with respect to the market rate cost of parking:(1)Market rate cost of parking means an amount that is no less than if the parking were to be obtained by an individual unaffiliated with the property on which parking is provided or by the owner of a qualifying residential property through a transaction with no special rate due to a property lease for the closest publicly available parking within one-quarter mile of the qualifying residential property. The owner of a qualifying residential property shall maintain appropriate evidence of its effort to establish the market rate cost of parking pursuant to this paragraph for at least four years.(2)If the market rate cost of parking cannot be established pursuant to paragraph (1), an amount that is the monthly or daily price for use of a parking space located within one-quarter mile of the qualifying residential property, as evidenced by a public offer, such as a printed or otherwise publicly displayed advertisement, or a listing including price, such as on a publicly accessible parking smartphone application, available for acceptance by a member of the public, for use of that parking space from within the previous six months. If the owner of qualifying residential property calculates the market rate cost of parking pursuant to this paragraph, the owner of qualifying residential property shall maintain appropriate evidence of the offer it relied upon, such as a physical copy or photograph of an advertisement or a screenshot showing availability and price within a parking smartphone application, for at least four years from the time of any cash allowance payment made based upon that offer.(3)If the market rate cost of parking cannot be established pursuant to paragraph (1) or (2), market rate cost of parking means the monthly price of the lowest priced transit serving within one-quarter mile of the site or fifty dollars ($50) per month, whichever is higher.(4)For purposes of this subdivision, free parking shall not be considered when determining the market rate cost of parking. (d) (1) Breach of a separately leased parking agreement shall not form the basis of any unlawful detainer action against the tenant.(2) If a tenant fails to pay by the 30th day following the date payment is owed for a separately leased parking space, the property owner may revoke that tenants right to lease that parking spot.(f)(e) For purposes of this section:(1) Owner of qualifying residential property includes any person, acting as principal or through an agent, having the right to offer qualifying residential property for rent, and includes a predecessor in interest to the owner.(2) (A) Qualifying residential property means any dwelling or unit that is intended for human habitation that meets all of the following criteria:(i) The property is issued a certificate of occupancy on or after January 1, 2025.(ii) The property consists of 16 or more residential units.(iii) The property is located in one of the following counties:(I) Alameda.(II) Fresno.(III) Los Angeles.(IV) Riverside.(V) Sacramento.(VI) San Bernardino.(VII) San Joaquin.(VIII) Santa Clara.(IX) Shasta.(X) Ventura.(B) Qualifying residential property does not include a residential property or unit with an individual garage that is functionally a part of the property or unit, including, but not limited to, townhouses and row houses.(3) Unbundled parking means the practice of selling or leasing parking spaces separate from the lease of the residential property.
SECTION 1. Section 1947.1 is added to the Civil Code, to read:
### SECTION 1.
1947.1. (a) If an owner of a qualifying residential property provides parking with the qualifying residential property, they shall unbundle parking from the price of rent.(b) (1) Off-street parking accessory to a qualifying residential property shall not be included in any residential rental agreement and shall be subject to a rental agreement addendum or provided in a separate rental agreement. (2) All off-street parking spaces shall be unbundled from the qualifying residential property for the life of the property.(c) (1) A tenant of a qualifying residential property shall have the right of first refusal to parking spaces built for their property. Remaining residential unbundled parking spaces that are not leased to tenants of the residential dwelling may be leased by the owner of the qualifying residential property to other on-site users or to off-site residential users on a month-to-month basis.(2) If there is are unavailable parking spaces on the residential property upon the occupancy of a new tenant, and parking spaces are subsequently built for the residential dwelling or otherwise becomes available on the qualifying residential property, the new tenant shall receive a right of first refusal to an available parking space.(d)For qualifying residential properties where unbundled parking is not possible, as determined by the owner of the qualifying residential property, a tenant shall be provided with an annual itemization of the market rate cost of parking for the parking spaces that are included in their lease. (e)For purposes of this section, all of the following apply with respect to the market rate cost of parking:(1)Market rate cost of parking means an amount that is no less than if the parking were to be obtained by an individual unaffiliated with the property on which parking is provided or by the owner of a qualifying residential property through a transaction with no special rate due to a property lease for the closest publicly available parking within one-quarter mile of the qualifying residential property. The owner of a qualifying residential property shall maintain appropriate evidence of its effort to establish the market rate cost of parking pursuant to this paragraph for at least four years.(2)If the market rate cost of parking cannot be established pursuant to paragraph (1), an amount that is the monthly or daily price for use of a parking space located within one-quarter mile of the qualifying residential property, as evidenced by a public offer, such as a printed or otherwise publicly displayed advertisement, or a listing including price, such as on a publicly accessible parking smartphone application, available for acceptance by a member of the public, for use of that parking space from within the previous six months. If the owner of qualifying residential property calculates the market rate cost of parking pursuant to this paragraph, the owner of qualifying residential property shall maintain appropriate evidence of the offer it relied upon, such as a physical copy or photograph of an advertisement or a screenshot showing availability and price within a parking smartphone application, for at least four years from the time of any cash allowance payment made based upon that offer.(3)If the market rate cost of parking cannot be established pursuant to paragraph (1) or (2), market rate cost of parking means the monthly price of the lowest priced transit serving within one-quarter mile of the site or fifty dollars ($50) per month, whichever is higher.(4)For purposes of this subdivision, free parking shall not be considered when determining the market rate cost of parking. (d) (1) Breach of a separately leased parking agreement shall not form the basis of any unlawful detainer action against the tenant.(2) If a tenant fails to pay by the 30th day following the date payment is owed for a separately leased parking space, the property owner may revoke that tenants right to lease that parking spot.(f)(e) For purposes of this section:(1) Owner of qualifying residential property includes any person, acting as principal or through an agent, having the right to offer qualifying residential property for rent, and includes a predecessor in interest to the owner.(2) (A) Qualifying residential property means any dwelling or unit that is intended for human habitation that meets all of the following criteria:(i) The property is issued a certificate of occupancy on or after January 1, 2025.(ii) The property consists of 16 or more residential units.(iii) The property is located in one of the following counties:(I) Alameda.(II) Fresno.(III) Los Angeles.(IV) Riverside.(V) Sacramento.(VI) San Bernardino.(VII) San Joaquin.(VIII) Santa Clara.(IX) Shasta.(X) Ventura.(B) Qualifying residential property does not include a residential property or unit with an individual garage that is functionally a part of the property or unit, including, but not limited to, townhouses and row houses.(3) Unbundled parking means the practice of selling or leasing parking spaces separate from the lease of the residential property.
1947.1. (a) If an owner of a qualifying residential property provides parking with the qualifying residential property, they shall unbundle parking from the price of rent.(b) (1) Off-street parking accessory to a qualifying residential property shall not be included in any residential rental agreement and shall be subject to a rental agreement addendum or provided in a separate rental agreement. (2) All off-street parking spaces shall be unbundled from the qualifying residential property for the life of the property.(c) (1) A tenant of a qualifying residential property shall have the right of first refusal to parking spaces built for their property. Remaining residential unbundled parking spaces that are not leased to tenants of the residential dwelling may be leased by the owner of the qualifying residential property to other on-site users or to off-site residential users on a month-to-month basis.(2) If there is are unavailable parking spaces on the residential property upon the occupancy of a new tenant, and parking spaces are subsequently built for the residential dwelling or otherwise becomes available on the qualifying residential property, the new tenant shall receive a right of first refusal to an available parking space.(d)For qualifying residential properties where unbundled parking is not possible, as determined by the owner of the qualifying residential property, a tenant shall be provided with an annual itemization of the market rate cost of parking for the parking spaces that are included in their lease. (e)For purposes of this section, all of the following apply with respect to the market rate cost of parking:(1)Market rate cost of parking means an amount that is no less than if the parking were to be obtained by an individual unaffiliated with the property on which parking is provided or by the owner of a qualifying residential property through a transaction with no special rate due to a property lease for the closest publicly available parking within one-quarter mile of the qualifying residential property. The owner of a qualifying residential property shall maintain appropriate evidence of its effort to establish the market rate cost of parking pursuant to this paragraph for at least four years.(2)If the market rate cost of parking cannot be established pursuant to paragraph (1), an amount that is the monthly or daily price for use of a parking space located within one-quarter mile of the qualifying residential property, as evidenced by a public offer, such as a printed or otherwise publicly displayed advertisement, or a listing including price, such as on a publicly accessible parking smartphone application, available for acceptance by a member of the public, for use of that parking space from within the previous six months. If the owner of qualifying residential property calculates the market rate cost of parking pursuant to this paragraph, the owner of qualifying residential property shall maintain appropriate evidence of the offer it relied upon, such as a physical copy or photograph of an advertisement or a screenshot showing availability and price within a parking smartphone application, for at least four years from the time of any cash allowance payment made based upon that offer.(3)If the market rate cost of parking cannot be established pursuant to paragraph (1) or (2), market rate cost of parking means the monthly price of the lowest priced transit serving within one-quarter mile of the site or fifty dollars ($50) per month, whichever is higher.(4)For purposes of this subdivision, free parking shall not be considered when determining the market rate cost of parking. (d) (1) Breach of a separately leased parking agreement shall not form the basis of any unlawful detainer action against the tenant.(2) If a tenant fails to pay by the 30th day following the date payment is owed for a separately leased parking space, the property owner may revoke that tenants right to lease that parking spot.(f)(e) For purposes of this section:(1) Owner of qualifying residential property includes any person, acting as principal or through an agent, having the right to offer qualifying residential property for rent, and includes a predecessor in interest to the owner.(2) (A) Qualifying residential property means any dwelling or unit that is intended for human habitation that meets all of the following criteria:(i) The property is issued a certificate of occupancy on or after January 1, 2025.(ii) The property consists of 16 or more residential units.(iii) The property is located in one of the following counties:(I) Alameda.(II) Fresno.(III) Los Angeles.(IV) Riverside.(V) Sacramento.(VI) San Bernardino.(VII) San Joaquin.(VIII) Santa Clara.(IX) Shasta.(X) Ventura.(B) Qualifying residential property does not include a residential property or unit with an individual garage that is functionally a part of the property or unit, including, but not limited to, townhouses and row houses.(3) Unbundled parking means the practice of selling or leasing parking spaces separate from the lease of the residential property.
1947.1. (a) If an owner of a qualifying residential property provides parking with the qualifying residential property, they shall unbundle parking from the price of rent.(b) (1) Off-street parking accessory to a qualifying residential property shall not be included in any residential rental agreement and shall be subject to a rental agreement addendum or provided in a separate rental agreement. (2) All off-street parking spaces shall be unbundled from the qualifying residential property for the life of the property.(c) (1) A tenant of a qualifying residential property shall have the right of first refusal to parking spaces built for their property. Remaining residential unbundled parking spaces that are not leased to tenants of the residential dwelling may be leased by the owner of the qualifying residential property to other on-site users or to off-site residential users on a month-to-month basis.(2) If there is are unavailable parking spaces on the residential property upon the occupancy of a new tenant, and parking spaces are subsequently built for the residential dwelling or otherwise becomes available on the qualifying residential property, the new tenant shall receive a right of first refusal to an available parking space.(d)For qualifying residential properties where unbundled parking is not possible, as determined by the owner of the qualifying residential property, a tenant shall be provided with an annual itemization of the market rate cost of parking for the parking spaces that are included in their lease. (e)For purposes of this section, all of the following apply with respect to the market rate cost of parking:(1)Market rate cost of parking means an amount that is no less than if the parking were to be obtained by an individual unaffiliated with the property on which parking is provided or by the owner of a qualifying residential property through a transaction with no special rate due to a property lease for the closest publicly available parking within one-quarter mile of the qualifying residential property. The owner of a qualifying residential property shall maintain appropriate evidence of its effort to establish the market rate cost of parking pursuant to this paragraph for at least four years.(2)If the market rate cost of parking cannot be established pursuant to paragraph (1), an amount that is the monthly or daily price for use of a parking space located within one-quarter mile of the qualifying residential property, as evidenced by a public offer, such as a printed or otherwise publicly displayed advertisement, or a listing including price, such as on a publicly accessible parking smartphone application, available for acceptance by a member of the public, for use of that parking space from within the previous six months. If the owner of qualifying residential property calculates the market rate cost of parking pursuant to this paragraph, the owner of qualifying residential property shall maintain appropriate evidence of the offer it relied upon, such as a physical copy or photograph of an advertisement or a screenshot showing availability and price within a parking smartphone application, for at least four years from the time of any cash allowance payment made based upon that offer.(3)If the market rate cost of parking cannot be established pursuant to paragraph (1) or (2), market rate cost of parking means the monthly price of the lowest priced transit serving within one-quarter mile of the site or fifty dollars ($50) per month, whichever is higher.(4)For purposes of this subdivision, free parking shall not be considered when determining the market rate cost of parking. (d) (1) Breach of a separately leased parking agreement shall not form the basis of any unlawful detainer action against the tenant.(2) If a tenant fails to pay by the 30th day following the date payment is owed for a separately leased parking space, the property owner may revoke that tenants right to lease that parking spot.(f)(e) For purposes of this section:(1) Owner of qualifying residential property includes any person, acting as principal or through an agent, having the right to offer qualifying residential property for rent, and includes a predecessor in interest to the owner.(2) (A) Qualifying residential property means any dwelling or unit that is intended for human habitation that meets all of the following criteria:(i) The property is issued a certificate of occupancy on or after January 1, 2025.(ii) The property consists of 16 or more residential units.(iii) The property is located in one of the following counties:(I) Alameda.(II) Fresno.(III) Los Angeles.(IV) Riverside.(V) Sacramento.(VI) San Bernardino.(VII) San Joaquin.(VIII) Santa Clara.(IX) Shasta.(X) Ventura.(B) Qualifying residential property does not include a residential property or unit with an individual garage that is functionally a part of the property or unit, including, but not limited to, townhouses and row houses.(3) Unbundled parking means the practice of selling or leasing parking spaces separate from the lease of the residential property.
1947.1. (a) If an owner of a qualifying residential property provides parking with the qualifying residential property, they shall unbundle parking from the price of rent.
(b) (1) Off-street parking accessory to a qualifying residential property shall not be included in any residential rental agreement and shall be subject to a rental agreement addendum or provided in a separate rental agreement.
(2) All off-street parking spaces shall be unbundled from the qualifying residential property for the life of the property.
(c) (1) A tenant of a qualifying residential property shall have the right of first refusal to parking spaces built for their property. Remaining residential unbundled parking spaces that are not leased to tenants of the residential dwelling may be leased by the owner of the qualifying residential property to other on-site users or to off-site residential users on a month-to-month basis.
(2) If there is are unavailable parking spaces on the residential property upon the occupancy of a new tenant, and parking spaces are subsequently built for the residential dwelling or otherwise becomes available on the qualifying residential property, the new tenant shall receive a right of first refusal to an available parking space.
(d)For qualifying residential properties where unbundled parking is not possible, as determined by the owner of the qualifying residential property, a tenant shall be provided with an annual itemization of the market rate cost of parking for the parking spaces that are included in their lease.
(e)For purposes of this section, all of the following apply with respect to the market rate cost of parking:
(1)Market rate cost of parking means an amount that is no less than if the parking were to be obtained by an individual unaffiliated with the property on which parking is provided or by the owner of a qualifying residential property through a transaction with no special rate due to a property lease for the closest publicly available parking within one-quarter mile of the qualifying residential property. The owner of a qualifying residential property shall maintain appropriate evidence of its effort to establish the market rate cost of parking pursuant to this paragraph for at least four years.
(2)If the market rate cost of parking cannot be established pursuant to paragraph (1), an amount that is the monthly or daily price for use of a parking space located within one-quarter mile of the qualifying residential property, as evidenced by a public offer, such as a printed or otherwise publicly displayed advertisement, or a listing including price, such as on a publicly accessible parking smartphone application, available for acceptance by a member of the public, for use of that parking space from within the previous six months. If the owner of qualifying residential property calculates the market rate cost of parking pursuant to this paragraph, the owner of qualifying residential property shall maintain appropriate evidence of the offer it relied upon, such as a physical copy or photograph of an advertisement or a screenshot showing availability and price within a parking smartphone application, for at least four years from the time of any cash allowance payment made based upon that offer.
(3)If the market rate cost of parking cannot be established pursuant to paragraph (1) or (2), market rate cost of parking means the monthly price of the lowest priced transit serving within one-quarter mile of the site or fifty dollars ($50) per month, whichever is higher.
(4)For purposes of this subdivision, free parking shall not be considered when determining the market rate cost of parking.
(d) (1) Breach of a separately leased parking agreement shall not form the basis of any unlawful detainer action against the tenant.
(2) If a tenant fails to pay by the 30th day following the date payment is owed for a separately leased parking space, the property owner may revoke that tenants right to lease that parking spot.
(f)
(e) For purposes of this section:
(1) Owner of qualifying residential property includes any person, acting as principal or through an agent, having the right to offer qualifying residential property for rent, and includes a predecessor in interest to the owner.
(2) (A) Qualifying residential property means any dwelling or unit that is intended for human habitation that meets all of the following criteria:
(i) The property is issued a certificate of occupancy on or after January 1, 2025.
(ii) The property consists of 16 or more residential units.
(iii) The property is located in one of the following counties:
(I) Alameda.
(II) Fresno.
(III) Los Angeles.
(IV) Riverside.
(V) Sacramento.
(VI) San Bernardino.
(VII) San Joaquin.
(VIII) Santa Clara.
(IX) Shasta.
(X) Ventura.
(B) Qualifying residential property does not include a residential property or unit with an individual garage that is functionally a part of the property or unit, including, but not limited to, townhouses and row houses.
(3) Unbundled parking means the practice of selling or leasing parking spaces separate from the lease of the residential property.
SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the need to determine the potential benefits of unbundled parking on a limited basis before expanding the policy statewide.
SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the need to determine the potential benefits of unbundled parking on a limited basis before expanding the policy statewide.
SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the need to determine the potential benefits of unbundled parking on a limited basis before expanding the policy statewide.
### SEC. 2.