Developments in Real Property Law
New Laws from the 2022 Legislative Cycle

Real Estate Broker Licensing, Affordable Housing, Wildlife Protection, & Pet Rent

This year, the legislature brought some equity to the two paths to obtaining a real estate broker license. It also added requirements for the construction contractors who bid for and work on affordable housing projects. Animals were not left out this legislative session–wild animals are getting more animal crossing passages to decrease collisions between wildlife and vehicles; and domestic animals are getting to live in more housing with their low-income owners.

More Pet-Friendly Rental Housing in California

Certain housing developments must allow its residents to have one or more “common household pets.” More significantly, the bill also prohibits developments and landlords from imposing a monthly “pet rent” fee for having pets. Landlords may still charge a refundable deposit for a pet, but may not charge a monthly fee. (Health & Saf. Code, § 50466, subd. (a)(2)(B).) Tenants must also adhere to “reasonable conditions,” such as policies on nuisance animals, leash requirements, liability insurance coverage, and limitations on the number of animals in a unit. (Health & Saf. Code, § 50466, subd. (a)(2)(C).)

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Affordable Housing and High Roads Jobs Act

AB 2011 requires construction contracts to provide for prevailing wages, and requires a development proponent to certify to the local government that those standards will be met in project construction. In addition, a qualifying development of 50 or more housing units approved by a local government is required to participate in an apprenticeship program or request dispatch of apprentices from a state-approved apprenticeship program, and to make specified health care expenditures for construction craft employees.

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Parity in Real Estate Brokers’ Licensing Requirements

AB 2745 creates parity between the existing two routes to obtaining a real estate brokers license by requiring that applicants satisfying the general real estate experience requirement via four-year degree have obtained the degree within the immediately preceding five-year period. The bill also provides that the Real Estate Commissioner may, in their discretion, consider degrees completed before the five-year period.

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Animal Crossing: California Roads Are Now Safer for Drivers and Wild Critters

The Safe Roads and Wildlife Protection Act amends the State and Highways Code to require that Caltrans: Assess the current highway system and develop a plan to address wildlife connectivity; Inventory connectivity needs including areas where creating wildlife passages could decrease wildlife and vehicle collisions or improve wildlife connectivity; and Publish the inventory and a list of funded transportation projects that address wildlife connectivity needs by July 1, 2024 (and update at least biennially). The Act also creates the Transportation Wildlife Connectivity Remediation Program, administered by Caltrans in consultation with the California Department of Fish & Wildlife, to “improve wildlife connectivity across transportation systems in connectivity areas.”

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