BILL NUMBER: AB 1400 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Wolk
FEBRUARY 21, 2003
An act to add Section 17959.6 to the Health and Safety Code,
relating to housing.
LEGISLATIVE COUNSEL'S DIGEST
AB 1400, as introduced, Wolk. Housing: accessibility.
(1) The existing State Housing Law requires the Department of
Housing and Community Development, in consultation with specified
state agencies, to develop guidelines and at least one model
ordinance for new construction and home modifications that are
consistent with particular principles of universal design or other
similar design guidelines to enhance housing for, among others,
persons with disabilities. Commencing January 1, 2005, a city,
county, or city and county may, by ordinance, modify code
requirements if it determines that it is reasonably necessary and
substantially the same as the guidelines or model ordinance.
Existing law also encourages developers of housing for senior
citizens, persons with disabilities, and others, in a city or county
where a universal design ordinance has not been adopted, to seek
information regarding the principles of universal design, and
authorizes the California Department of Aging, in partnership with
specified entities, to develop and provide consumer advice regarding
home modification for seniors and persons with disabilities.
This bill would, within the State Housing Law, require a developer
of any new residential housing development to offer a buyer, at the
buyer's expense, the option of making the home entrance, if
topographically feasible, and the kitchen and bathrooms, fully
accessible to persons with disabilities. Because a violation of the
State Housing Law is a misdemeanor under other provisions, the bill
would create a state-mandated local program by creating a new crime.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 17959.6 is added to the Health and Safety Code,
to read:
17959.6. A developer of any new for-sale residential housing
development shall offer a buyer, at the buyer's expense, the option
of including in the new home universal accessibility features that
would make the home entrance, the kitchen, and the bathrooms fully
accessible to persons with disabilities. If topographically
infeasible, an accessible entrance need not be offered as an option.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.

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