DEPARTMENT OF REAL ESTATE
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Summary of New Real Estate Laws
Below are summaries of new state laws that affect real
estate licensees and applicants. Unless otherwise noted,
the laws take effect January 1, 2023.
• Assembly Bill (AB) 1410 disallows the governing
documents of a homeowner’s association (HOA)
from prohibiting members and residents from
discussing their common interest development
(CID) on social media, including discussions that
are critical of the association or governance. It
also makes unenforceable any provisions of HOA
governing documents that prohibit owners from
renting a portion of the owner-occupied space for
a period of more than 30 days. Lastly, it prevents
an HOA from pursuing enforcement actions for
violations during a declared emergency, if that
emergency makes it unsafe to fix the violation; this
will not apply in cases of nonpayment of assessments.
• AB 1837 makes changes to the process established
by Senate Bill 1079 in 2020, which allows existing
tenants, prospective owner-occupants, nonprofit
organizations, and local governments, among others,
up to 45 days after a home foreclosure auction
to make an offer that meets the winning bid. It
modifies the types of nonprofit entities that qualify
as eligible bidders and disallows certain limited
liability companies, and all limited partnerships,
from bidding. It also subjects homes purchased by
certain eligible bidders to a recorded affordability
covenant and creates an enforcement mechanism for
the SB 1079 process through the Attorney General.
• AB 2170 provides an initial 30-day window for
eligible bidders to purchase properties acquired
by lending institutions through foreclosure, also
known as “real estate owned” (REO) properties.
e bill requires institutions that foreclose on 175
or more properties per year to only accept offers
from prospective owner-occupants, qualified non-
profits, government entities, and other affordable
housing providers for the first 30 days that an REO
property is listed for sale. It also requires institutions
to respond to each offer in writing and prohibits
institutions from completing a bundled sale of more
than one foreclosed property.
• AB 2503 requires the California Law Revision
Commission, by December 31, 2024, to deliver a
study to the Legislature examining the establishment
of consistent terminology in California law to
describe the parties to an agreement, lease, or
contract for the rental of residential real estate
property, including mobile homes.
• AB 2559 defines and specifies the elements that must
be included in a reusable tenant screening report. If
a landlord accepts a reusable screening report, the
bill prohibits them from charging an application
screening fee or a fee to access the reusable report.
e bill does not require that landlords accept a
reusable tenant screening report and any local rule
that provides more protection to the applicant
prevails.
• AB 2745 changes the experience requirements to sit
for the real estate broker exam. e bill requires that
non-licensed, general real estate experience used to
qualify for the exam occur within five years of the
exam application date.
• AB 2960 specifies that the real estate disclosure
statement requirements in effect on the date
the parties entered into contract shall be the
requirements that apply to that sales contract. Any
subsequent changes to the disclosure requirement
statute after the parties enter into the sales contract
will not apply to that contract unless the statute
specifies otherwise.
• Senate Bill (SB) 1005 clarifies the current Probate
Code regarding how a guardian or conservator
may bring an action to partition a property if the
property is the conservatee’s present or former
personal residence. Partition actions involve one
party of a jointly owned property who wants to sell
their ownership rights.
• SB 1017 clarifies current law about the tenancy
protections for victims of domestic violence or abuse,
their household members, and their immediate
family members. is includes protections that allow
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