SB 681: Housing.

Official summary

Legislative Counsel’s Digest (official, as of the latest version). Written by nonpartisan legislative staff; reproduced verbatim.

(1)Existing law, the Planning and Zoning Law, authorizes a local agency to provide for the creation of accessory dwelling units in single-family and multifamily residential zones by ordinance, and sets forth standards the ordinance is required to impose with respect to certain matters, including, among others, maximum unit size, parking, and height standards. Existing law authorizes a local agency to provide by ordinance for the creation of junior accessory dwelling units, as defined, in single-family residential zones and requires the ordinance to include, among other things, standards for the creation of a junior accessory dwelling unit, required deed restrictions, and occupancy requirements.

Existing law makes void and unenforceable any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in real property that either effectively prohibits or unreasonably restricts the construction or use of an accessory dwelling unit or junior accessory dwelling unit on a lot zoned for single-family residential use that meets the above-described minimum standards established for those units. However, existing law permits reasonable restrictions that do not unreasonably increase the cost to construct, effectively prohibit the construction of, or extinguish the ability to otherwise construct, an accessory dwelling unit or junior accessory dwelling unit consistent with those aforementioned minimum standards provisions.

This bill would prohibit fees and other financial requirements from being included in the above-described reasonable restrictions.

(2)Existing law regulates the hiring of real property and imposes various requirements on landlords relating to the application for, and leasing of, residential rental property. Existing law places limitations on the amount of rent and security that a landlord can charge a tenant, as specified.

This bill would prohibit a landlord or their agent from charging certain fees, unless the fee is specified in the rental agreement. The bill would prohibit any fees charged, in total, from exceeding more than 5% of the monthly rental amount, except as specified. Under the bill, if a landlord or their agent charges and collects a fee from a tenant that is not authorized by law, the landlord or their agent would be liable to the tenant in a civil action for the cost of the fee, plus 5% interest compounded daily from the date the fee was collected.

Existing law authorizes a landlord or their agent to charge an applicant who requests to rent a residential housing unit an application screening fee to cover the costs of obtaining information about the applicant. Existing law prohibits the amount of the application screening fee from being greater that the actual out-of-pocket costs of gathering information concerning the applicant, including, but not limited to, the cost of using a tenant screening service or a consumer credit reporting service, and the reasonable value of time spent by the landlord or their agent in obtaining information on the applicant, as provided.

Sponsors

Sponsors by party (alphabetical): Democratic 5

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. June 27, 2025July 2 hearing postponed by committee.
2. June 16, 2025Referred to Coms. on H. & C.D. and JUD.
3. June 5, 2025In Assembly. Read first time. Held at Desk.
4. June 4, 2025Read third time. Passed. (Ayes 28. Noes 10. Page 1501.) Ordered to the Assembly.
5. May 27, 2025Read second time. Ordered to third reading.
6. May 23, 2025Read second time and amended. Ordered to second reading.
7. May 23, 2025From committee: Do pass as amended. (Ayes 5. Noes 1. Page 1209.) (May 23).
8. May 20, 2025Set for hearing May 23.
9. May 19, 2025May 19 hearing: Placed on APPR. suspense file.
10. May 9, 2025Set for hearing May 19.
11. April 30, 2025From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 2. Page 942.) (April 29). Re-referred to Com. on APPR.
12. April 24, 2025Re-referred to Com. on JUD.