22/02/2022
CALIFORNIA - NEW LAWS 2022
AB 1466: Redaction of Discriminatory Covenants
Existing law prohibits discrimination in housing based on race, color, religion, s*x, gender, and other language which
consists of restrictive covenants that have been considered discriminatory. These restrictive covenants (or agreements
that restrict property owners not to sell or rent to specific groups because of a person’s race or other immutable
characteristics) have been illegal since at least 1948 but many legal documents (such as deeds) still contain the original
language.
AB 1466 now requires all county recorders throughout California to (a) establish a program to identify and redact such
restrictive language and (b) ease restrictions on private parties (ie. homeowners) seeking to remove language on their own if the county recorder has not.
For more information visit: leginfo.legislature.ca.gov
SB 9: Ministerial approval of urban lot splits and duplexes in a single-family zone
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SB9 makes it possible for homeowners in CA to divide their property into two lots. It allows two homes to be
built on each of those lots, with the effect of legalizing fourplexes in areas that previously only allowed one
home (SFR) - There is no requirement as to whether the two residential units on each lot be a “duplex,” or
attached to each other, or free-standing.
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Requires the City to approve either or both:
- A housing development of no more than two units (duplex) in a single-family zone.
- Allows for a lot split to take place (a single-family lot becoming two lots).
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Prohibits the City from requiring more than one parking space per unit.
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The new law will mark a shift from current policies that allow only two large units — a stand-alone house and an
accessory dwelling unit — on single-family lots, as well as an attached junior unit no larger than 500 square feet.
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Requirements:
- The parcel is within a single-family residential zone.
- Property owners have signed an affidavit stating they will occupy 1 of the housing units as a primary residence
for at least 3 years after splitting the property or the addition of units.
- Lot splits create two parcels of similar size that are at least 1200 square feet.
- Proposals must adhere to local objective zoning and design standards unless those standards would have the
effect of physically precluding the construction of up to 2 units on each lot.
AB 948: Anti-bias appraisal disclosure form must be part of every real estate contract
After July 1, 2022 contracts for the sale of real property must contain a statutory notice informing signers that any
appraisal of the property is required to be unbiased, objective and not influenced by improper or illegal, discriminatory
considerations. If the buyer or seller believes the appraisal has been influenced by improper or illegal factors, they may file
a complaint with the Department of Real Estate (DRE). The notice provides the website address and telephone number of
the DRE. For more information visit: https://leginfo.legislature.ca.gov/
AB 633: Partition actions for “heirs property”
This bill enacts the Uniform Partition of Heirs Property Act, which would require specified procedures in an action to
partition real property that is heirs property, defined as property for which there is no written agreement regarding
partition that binds the cotenants of the property, one or more of the cotenants acquired title from a relative, and meets
one of specified thresholds regarding cotenants who are relatives or who acquired title from a relative. If a cotenant
requests partition by sale, the bill would give cotenants who did not request the partition the option to buy all of the
interests of the cotenants that requested partition by sale, as specified.
If all of those interests are not purchased or a cotenant who has requested partition in kind remains after purchase, the bill
requires the court to partition the property in kind or by sale, as specified. The bill provides procedures pursuant to which
the property is appraised. The bill permits the court to apportion the costs of partition among the parties in proportion
to their interests, but would prohibit the apportionment of costs among parties that oppose the partition, except as
specified. The bill provides that these provisions supplement existing law and control over existing law that is inconsistent
if an action is governed by these provisions.
For more information visit: https://leginfo.legislature.ca.gov
SB 10: Ministerial approval of urban lot splits and duplexes in a single-family zone
Senate Bill 10 makes it easier for cities to zone for smaller, lower-cost housing developments of up to 10 units to address
California’s housing crisis.
Significant provisions of SB 10 include the following:
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In adopting an ordinance pursuant to SB 10, a local agency must declare that the zoning ordinance is adopted
pursuant to SB 10, clearly demarcate the areas that are zoned pursuant to this section and make findings that the
increased density supports the agency’s duty to affirmatively further fair housing.
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A local agency that approves a zoning ordinance pursuant to SB 10 shall not subsequently reduce the density of
any parcel subject to the ordinance.
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Up to two accessory dwelling units (ADUs) or junior ADUs (JADUs) would be permitted on each parcel, and these
would not count toward the 10-unit threshold.
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An ordinance enacted pursuant to this legislation may override a local initiative restricting zoning, if the
ordinance is adopted by two-thirds of the legislative body approving the ordinance.
For more information visit: https://leginfo.legislature.ca.gov/
Sources: leginfo.legislature.ca.gov | CAR.org - Robert Bloom
This article is a reproduction of the sources credited above. Please note that any advice, whether legal or otherwise is the opinion of the author. We would encourage any person with legal questions relating to this topic to seek an independent legal opinion.
