CAA has changed its position on a bill that encourages gardening on rental properties after the author weeded out some problematic elements of the legislation.
Originally, AB 2561 by Assemblyman Steven Bradford, D-Gardena, would have forced landlords to allow tenants to participate in gardening in portable containers in private areas of rentals.
This included balconies, where potted plants can drip water onto units and patios below, causing a nuisance to neighbors. CAA members worried about possible water damage and pests.
Following extensive negotiations, however, the assemblyman agreed to all of the California Apartment Association’s requested changes, prompting CAA this week to drop its opposition and go neutral.
In its current state, the bill has a more limited scope – and balconies are out. Landlords would retain more control in general on where potted plants would go.
The bill now would compel landlords to allow renters to grow potted plants only in ground-level backyards at either single-family homes or duplex rentals.
Moreover, the landlord could determine the placement and location of portable containers.
The portable containers can’t create a health and safety hazard, block doorways or interfere with walkways, utility services or equipment.
A landlord also could periodically inspect any area where a tenant is engaging in personal agriculture to ensure compliance and ban the use of certain chemicals, such as pesticides and insecticides.