Amended in Senate August 2, 2016

Amended in Senate June 30, 2016

Amended in Assembly January 5, 2016

Amended in Assembly May 4, 2015

Amended in Assembly March 16, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 73

Introduced by Assembly Member Waldron

December 18, 2014

An act to amend Section 1710.2 of the Civil Code, relating to real property, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL’S DIGEST

AB 73, as amended, Waldron. Real property: disclosure.

Existing law requires certain disclosures to be made upon the transfer of residential property and prescribes the manner and form of the disclosures. Existing law provides that no cause of action arises against a real property owner or agent, or any agent of a transferee of real property, for the failure to disclose to the transferee the occurrence of an occupant’s death upon the real property, as specified, or that an occupant of that property had or died from Human T-Lymphotropic Virus Type III/Lymphadenopathy-Associated Virus. Existing law declares the Legislature’s intent to occupy the field of regulation of disclosure related to deaths begin delete occuring end delete begin insert occurring end insert upon real property and of AIDS in situations affecting the transfer of real property or any estate or interest in real property.

This bill would delete the prohibition against a cause of action arising for failure to disclose that an occupant of that property had or died from this virus. begin insert The bill would further revise the above provisions to specify that the owner of real property, his or her agent, or an agent of a transferee of real property is not required to disclose the occurrence or manner of death of an occupant, as specified, or that an occupant of the property was living with human immunodeficiency virus (HIV). end insert The bill would also delete the reference to AIDS from the declaration of legislative begin delete intent. end delete begin insert intent and instead refer to the HIV-positive status of a prior occupant in situations affecting the transfer of real property or any estate or interest in real property. end insert

This bill would declare that it is to take effect immediately as an urgency statute.

Vote: ²⁄₃. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

begin delete

SECTION 1.  

Section 1710.2 of the Civil Code is amended to
read:

1710.2.  

(a) No cause of action arises against an owner of real
property or his or her agent, or any agent of a transferee of real
property, for the failure to disclose to the transferee the occurrence
of an occupant’s death upon the real property or the manner of
death where the death has occurred more than three years prior to
the date the transferee offers to purchase, lease, or rent the real
property. As used in this section, “agent” includes any person
licensed pursuant to Part 1 (commencing with Section 10000) of
Division 4 of the Business and Professions Code. As used in this
section, “transferee” includes a purchaser, lessee, or renter of real
property.

(b) It is the intention of the Legislature to occupy the field of
regulation of disclosure related to deaths occurring upon real
property in situations affecting the transfer of real property or any
estate or interest in real property.

(c) This section shall not be construed to alter the law relating
to disclosure pertaining to any other physical or mental condition
or disease, and this section shall not relieve any owner or agent of
any obligation to disclose the physical condition of the premises.

(d) Nothing in this section shall be construed to immunize an
owner or his or her agent from making an intentional
misrepresentation in response to a direct inquiry from a transferee
or a prospective transferee of real property, concerning deaths on
the real property.

end delete

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 1710.2 of the end insert begin insert Civil Code end insert begin insert is amended to
read: end insert

1710.2.  

(a)  begin delete No cause of action arises against an end delete begin insert (1) end insert begin insert   end insert begin insert Subject
to subdivision (d), an end insert owner of real property or his or her agent,
or any agent of a transferee of real property, begin delete for the failure end delete begin insert end insert begin insert is not
required end insert to disclose begin insert either of the following end insert to the begin delete transferee the
occurrence of an occupant’s death upon the real property or the
manner of death where the death has occurred more than three
years prior to the date the transferee offers to purchase, lease, or
rent the real property, or that an occupant of that property was
afflicted with, or died from, Human T-Lymphotropic Virus Type
III/Lymphadenopathy-Associated Virus. As used in this section,
“agent” includes any person licensed pursuant to Part 1
(commencing with Section 10000) of Division 4 of the Business
and Professions Code. As used in this section, “transferee” includes
a purchaser, lessee, or renter of real property. end delete begin insert transferee, as these
are not material facts that require disclosure: end insert

begin insert

(A) The occurrence of an occupant’s death upon the real
property or the manner of death where the death has occurred
more than three years prior to the date the transferee offers to
purchase, lease, or rent the real property.

end insert begin insert

(B) That an occupant of that property was living with human
immunodeficiency virus (HIV).

end insert begin insert

(2) As used in this section:

end insert begin insert

(A) “Agent” includes any person licensed pursuant to Part 1
(commencing with Section 10000) of Division 4 of the Business
and Professions Code.

end insert begin insert

(B) “Transferee” includes a purchaser, lessee, or renter of real
property.

end insert

(b) It is the begin delete intention end delete begin insert intent end insert of the Legislature to occupy the field
of regulation of disclosure related to begin delete deaths occurring upon real
property and of AIDS in situations affecting the transfer of real
property or any estate or interest in real property. end delete begin insert either of the
following: end insert

begin insert

(1) Deaths occurring upon real property.

end insert begin insert

(2) The HIV-positive status of a prior occupant in situations
affecting the transfer of real property or any estate or interest in
real property.

end insert

(c) This section shall not be construed to alter the law relating
to disclosure pertaining to any other physical or mental condition
or disease, and this section shall not relieve any owner or agent of
any obligation to disclose the physical condition of the premises.

(d)  begin delete Nothing in this section shall end delete begin insert This section shall not end insert be
construed to immunize an owner or his or her agent from making
an intentional misrepresentation in response to a direct inquiry
from a transferee or a prospective transferee of real property,
concerning deaths on the real property.

SEC. 2.  

This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:

begin delete AIDS end delete begin insert In order to protect HIV and AIDS end insert patients and the begin delete AIDS end delete
begin insert HIV/AIDS end insert community begin delete require a change in state law to protect them end delete
from discrimination in real property transactions that may otherwise
impose severe emotional begin delete distress. end delete begin insert distress, it is necessary for this
act to take effect immediately. end insert