To ensure California maximizes housing within its residential areas, homeowners associations (HOAs) will no longer be able to prohibit rentals under a bill signed by the Governor today. AB 3182 by Assemblymember Phil Ting (D-San Francisco) closes important loopholes that have enabled subdivisions and condominium complexes to shut out tenants.
“We’re in a housing crisis right now, and homeowners are prevented from renting their properties or adding a rental unit in many housing developments governed by HOAs. This cannot continue, and the Governor’s signature opens up opportunities for desperately needed housing,” said Ting.
Ting’s bill allows more Californians to be part of the solution to the housing shortage. AB 3182 voids any existing HOA rules banning rentals and prohibits the implementation of new ones. They would, however, be able to cap the number of rentals at 25% of the total housing units, in order for property owners to remain eligible for federal home loans and insurance. Limits on short-term rentals through platforms like Airbnb are also permitted.
In addition, rental bans prevent homeowners from adding an Accessory Dwelling Unit (ADU) onto their property. These backyard units or additions to existing buildings have grown in popularity because they’re an affordable way to keep aging parents close by or generate rental income.
"By prohibiting bans on tenants in homeowners associations, AB 3182 opens up more high opportunity areas to renters in California, and helps homeowners build and rent their ADUs. Ending California's housing crisis requires building more housing, especially in high opportunity neighborhoods, and protecting renters. California YIMBY applauds Assemblymember Ting for his critical work furthering home-building and tenants' rights and was honored to sponsor AB 3182," said Brian Hanlon, CEO of California YIMBY.
A second bill by Ting, signed by the Governor last week, enables local jurisdictions to address homelessness faster through AB 2553. Upon declaration of a “shelter crisis,” all cities and counties would have the authority to temporarily suspend some regulatory roadblocks that typically slow or prevent the construction of emergency housing and implementation of safe parking programs. This builds upon the success of a pilot program created under Ting’s AB 932 in 2017, which granted similar powers to Berkeley, Emeryville, Los Angeles, Oakland, San Diego, the County of Santa Clara, and the City and County of San Francisco, enabling them to swiftly increase their shelter capacity.
AB 2553 was an urgency measure and took effect immediately. AB 3182 becomes law on January 1, 2021,
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