California

applies when — Applies to residential parcels located within a designated Mello-Roos Community Facilities District (CFD) established by a local agency and approved by a two-thirds vote.

Levies an annual direct, non-ad valorem special tax directly on the parcel's secured property tax bill to fund designated community infrastructure (e.g., roads, sewer facilities, school facilities, emergency services) and repay municipal debt bonds. Unlike standard Proposition 13 taxes, Mello-Roos levies are not restricted to property valuation or the 1% cap; they are determined via an adopted Rate and Method of Apportionment (RMA) based on square footage, dwelling units, or lot acreage. Levies constitute a primary lien on the real property, subject to rapid judicial foreclosure upon tax default under accelerated statutory procedures.

Cal. Gov. Code §§ 53311–53368.3.

≈ $7,598/yr on a $759,766 median

applies when — Applies to parcels situated within designated Very High Fire Hazard Severity Zones (VHFHSZ) or State Responsibility Areas (SRA).

Imposes an ongoing legal obligation on the parcel owner to maintain a continuous 100-foot defensible space buffer around all occupied structures: Zone 1 (0 to 30 feet) requiring intensive fuel removal, clearing dead vegetation, and limbing trees 6 feet from the ground; Zone 2 (30 to 100 feet) requiring reduced fuel/brush thinning. Failure to comply exposes the parcel to local/CAL FIRE abatement liens and misdemeanor citations. Under Cal. Civ. Code § 1102.19, sellers must provide buyers with written documentation of compliance with local defensible space laws.

Cal. Pub. Res. Code § 4291; Cal. Gov. Code § 51182; Cal. Civ. Code § 1102.19.

applies when — Applies to parcels situated within a State Geologist designated Alquist-Priolo Earthquake Fault Zone (typically within 500 feet of a known active fault trace).

Prohibits the construction of any structure for human occupancy across the trace of an active fault. Enforces a mandatory parcel-specific geologic investigation by a licensed engineering geologist prior to the issuance of any building permit, requiring a mandatory setback (typically a minimum of 50 feet) from any mapped active surface fault trace. Universal disclosure to prospective purchasers on the statutory Natural Hazard Disclosure form is required upon transfer.

Cal. Pub. Res. Code §§ 2621–2630.

applies when — Applies to parcels in single-family residential zones that are not located on wetlands, hazardous waste sites, very high fire hazard zones (unless mitigated), earthquake fault zones (unless compliant with state seismic standards), or prime farmland/historic districts.

Requires local municipalities to ministerially approve, without discretionary review or CEQA scrutiny: (1) a two-unit residential development on a single-family lot (duplex), and/or (2) an urban lot split creating two parcels of roughly equal size (minimum 40% of the original lot area, each at least 1,200 sq. ft.). If a lot split is executed, the applicant must sign an affidavit certifying intention to occupy one of the housing units as their principal residence for a minimum of three years. Preempts local requirements for more than 4-foot side/rear setbacks and local parking minimums if located within 0.5 miles of transit.

Cal. Gov. Code §§ 65852.21 and 66411.7 (effective Jan 1, 2022 via SB 9).

Mandates local governments to ministerially approve attached/detached Accessory Dwelling Units (ADUs) and Junior ADUs (JADUs) on any single-family or multi-family zoned parcel without discretionary hearings or CEQA review within 60 days. Preempts local setbacks (mandating maximum 4-foot side and rear setbacks), prohibits minimum lot size restrictions for ADUs, bans owner-occupancy requirements (for ADUs permitted prior to 2025/pursuant to recent code updates), prohibits local utility impact fees on units under 750 sq. ft., and renders void and unenforceable any private HOA deed restriction or CC&R that prohibits or unreasonably restricts ADU construction.

Cal. Gov. Code §§ 65852.2 and 65852.22 (amended continuously through recent legislative sessions).

applies when — Applies to parcels situated within a common interest development (condominium project, planned development, community apartment project, or stock cooperative) with recorded CC&Rs and a common interest owners' association.

Binds the parcel to enforceable covenants, conditions, and restrictions (CC&Rs) running with the land. Empowers the association to levy regular and special assessments that become enforceable liens upon the parcel; restricts regular assessment increases exceeding 20% or special assessments exceeding 5% without member vote; establishes strict statutory limits on judicial or non-judicial foreclosure for delinquent assessments (requires delinquent regular assessments of at least $1,800 or delinquency of at least 12 months, subject to a mandatory 90-day post-sale right of redemption under Cal. Civ. Code § 5715); and overrides local HOA rules restricting accessory dwelling units, solar installations, or reasonable drought-tolerant landscaping.

Cal. Civ. Code §§ 4000–6150 (comprehensively recodified effective Jan 1, 2014).

applies when — Applies to first-lien mortgages or deeds of trust secured by an owner-occupied, 1-to-4 unit residential property.

Imposes pre-foreclosure servicing requirements on mortgage servicers before an NOD can be recorded: requires a mandatory 30-day pre-default contact or due diligence period (Cal. Civ. Code § 2923.55) to explore loss-mitigation options; strictly prohibits 'dual tracking' (recording an NOD or NOTS or conducting a sale while a complete loss-mitigation application is pending); guarantees a single point of contact (SPOC); and empowers borrowers to obtain injunctive relief, actual damages, and statutory penalties up to $50,000 for material willful violations.

Cal. Civ. Code §§ 2923.55, 2923.6, 2924.12 (originally enacted 2012; permanent provisions reenacted Jan 1, 2019).

Permits lenders to execute a non-judicial trustee's sale upon borrower default without prior court approval. The statute establishes strict timeline stages: recording of a Notice of Default (NOD) initiating a mandatory 90-day statutory cure/reinstatement period (under Cal. Civ. Code § 2924c, borrower can reinstate up to 5 business days before sale); followed by recording, posting, and publishing a Notice of Trustee Sale (NOTS) giving at least 20 days notice before the auction date. A trustee's non-judicial sale is definitive with no post-sale statutory right of redemption for the borrower, and the foreclosing lender is barred by anti-deficiency rules (Cal. Code Civ. Proc. § 580d) from seeking a deficiency judgment.

Cal. Civ. Code §§ 2924–2924k; Cal. Code Civ. Proc. § 580d.

Obligates sellers or their agents to deliver a statutory Natural Hazard Disclosure Statement certifying whether the parcel lies in any of six designated state/federal hazard zones: (1) FEMA Special Flood Hazard Area (100-year flood), (2) Area of Potential Flooding from Dam Inundation, (3) Very High Fire Hazard Severity Zone (VHFHSZ), (4) Wildland Fire Area (State Responsibility Area), (5) Earthquake Fault Zone (Alquist-Priolo), or (6) Seismic Hazard Zone (liquefaction/landslide). For parcels mapped inside these zones, state-mandated land-use setbacks, development restrictions, defensible space maintenance, mandatory flood insurance, or seismic retrofit obligations attach.

Cal. Civ. Code §§ 1103–1103.14.

Mandates that prospective sellers and listing/selling agents deliver a fully executed statutory Real Estate Transfer Disclosure Statement (TDS) disclosing all known material parcel defects, structural issues, boundary encroachments, unpermitted modifications, environmental hazards, and zoning variances. Failure to deliver allows the prospective buyer a statutory right of rescission (3 days after personal delivery or 5 days after mailing) and grounds for civil damages.

Cal. Civ. Code §§ 1102–1102.19.

applies when — The residential dwelling must be owned and occupied by the taxpayer as their principal place of residence on the January 1 lien date.

Reduces the taxable assessed value of the qualifying owner-occupied principal residence by $7,000 against the county assessment roll, generating a direct tax savings of approximately $70 annually (computed as $7,000 × 1% base rate). Formula: Net Taxable Assessed Value = Gross Factored Base Year Value - $7,000 exemption.

Cal. Const. art. XIII, § 3(k); Cal. Rev. & Tax. Code § 218.

Establishes a base ad valorem tax rate capped at 1.0% of assessed value plus voter-approved local indebtedness and direct assessments (typically resulting in an effective tax rate of 1.1% to 1.25%). The assessed base year value is established at acquisition/change in ownership or completion of new construction, with annual valuation inflation adjustments capped at the lesser of 2.0% or the California Consumer Price Index (CCPI). Formula: Total Annual Property Tax = [(Base Year Assessed Value × (1 + Inflation Factor capped at 2%)^n) - Eligible Exemptions] × (1.0% Base Rate + Voter-Approved Bond Rates) + Fixed Special Assessments / Parcel Taxes.

Cal. Const. art. XIII A (enacted June 6, 1978 via Proposition 13; codified in Cal. Rev. & Tax. Code §§ 50 et seq.).

≈ $7,598/yr on a $759,766 median

applies when — Parcel encumbered by a mortgage or occupied by a residential tenant where the mortgagor or lessee entered active-duty military service.

Stays non-judicial foreclosure proceedings, property seizure, and eviction for parcels owned or leased by qualifying servicemembers. Foreclosure or distress sales initiated during military service or within one year after service are strictly invalid and void unless conducted pursuant to a valid court order or an express written waiver executed during or after military service.

Servicemembers Civil Relief Act of 2003 (Pub. L. 108-189; 50 U.S.C. § 3953 and 50 U.S.C. § 3955), originally enacted as the Soldiers' and Sailors' Civil Relief Act of 1940; amended by the Military Spouses Residency Relief Act.

applies when — Parcel where the federal government (EPA) has incurred response costs for cleanup or remediation of hazardous substance releases, and the parcel owner was provided written notice of potential liability.

Establishes a statutory federal lien upon the parcel running in favor of the United States for all unrecovered cleanup costs, damages, and statutory interest incurred by the EPA. Rate and formula: Direct Dollar-for-Dollar Reimbursement (Lien Amount = Incurred Response Costs + Administrative Costs + Statutory Interest under 42 U.S.C. § 9607(a)). Exemptions: Bona Fide Prospective Purchasers (BFPP) and Innocent Landowners under the Small Business Liability Relief and Brownfields Revitalization Act are exempt from personal liability if they perform All Appropriate Inquiries (AAI Phase I ESA) prior to purchase and comply with ongoing continuing obligations, though a 'windfall lien' may still attach to the parcel up to the unearned increase in fair market value attributable to the response action.

CERCLA of 1980, Section 107(l) (42 U.S.C. § 9607(l)) and Section 107(r) (Windfall Liens), as amended by SARA (1986) and the Brownfields Revitalization Act of 2002.

applies when — Parcel contains designated critical habitat or supports listed threatened or endangered animal species under the Endangered Species Act.

Makes it unlawful to 'take' listed species (including significant habitat modification or degradation that impairs breeding, feeding, or sheltering). Precludes parcel clearing, tree removal, earthmoving, or construction unless the property owner prepares an approved Habitat Conservation Plan (HCP) and secures an Incidental Take Permit under Section 10(a) or receives Section 7 interagency consultation clearance.

Endangered Species Act of 1973, 16 U.S.C. §§ 1538-1539; 50 CFR Parts 17 and 222.

applies when — Parcel contains a historic property listed on, or eligible for listing on, the National Register of Historic Places, subject to an undertaking involving federal permits, licenses, funding, or loan guarantees (e.g., HUD, USDA, or USACE approvals).

Mandates federal agencies to evaluate the effect of the proposed residential undertaking on historic properties and consult with State Historic Preservation Officers (SHPO) and Tribal Historic Preservation Officers (THPO). Restricts structural alterations, ground disturbance, demolition, or aesthetic elevations that cause adverse effects, often requiring formal Memoranda of Agreement (MOA) and mitigation measures.

National Historic Preservation Act of 1966, recodified at 54 U.S.C. § 306108; implementing regulations at 36 CFR Part 800.

applies when — Parcel contains delineated 'waters of the United States' (WOTUS), including jurisdictional wetlands, streams, or navigable waterways.

Prohibits the discharge of dredged or fill material into jurisdictional waters on the parcel without an individual or nationwide permit issued by the U.S. Army Corps of Engineers (USACE). Restricts residential site grading, bulkheading, retention pond construction, or development footprints, and may require expensive compensatory mitigation or off-site wetland credits to disturb designated acreage.

Federal Water Pollution Control Act Amendments of 1972 (Clean Water Act), 33 U.S.C. § 1344; joint regulations at 33 CFR Parts 320-332 and 40 CFR Part 230.

applies when — Parcel securing a residential loan guaranteed under the Department of Veterans Affairs (VA) Home Loan program.

Imposes mandatory VA Minimum Property Requirements (MPRs) ensuring the residential dwelling is safe, structurally sound, and sanitary. Mandates specific parcel covenants, including permanent year-round vehicular access, dedicated continuous utilities, separation from environmental/industrial hazards (such as high-voltage lines or pipeline easements), and certified termite/wood-destroying insect clearance in designated infestation zones.

Servicemen's Readjustment Act of 1944; 38 U.S.C. Chapter 37; 38 CFR Part 36; VA Pamphlet 26-7 (Lenders Handbook), Chapter 12.

applies when — Parcel securing a residential purchase or refinance financed through an FHA-insured Title II mortgage.

Binds the parcel to HUD's Minimum Property Standards (MPS) covering basic safety, soundness, and security (e.g., structural integrity, adequate heating, safe potable water, clear drainage, lead-free surfaces). Imposes parcel-level statutory loan limits capping the insurable mortgage amount by county/MSA (ranging from the national 'floor' to the national 'ceiling' based on median county home prices). Non-compliant property deficiencies must be cured as a condition precedent to endorsement.

National Housing Act of 1934; 12 U.S.C. § 1709; 24 CFR Part 200, Subpart S; HUD Handbook 4000.1 (Single Family Housing Policy Handbook), adjusted annually by HUD Mortgagee Letters.

applies when — Disposition of a United States Real Property Interest (USRPI) where the transferor (seller) is a foreign person (non-resident alien individual, foreign corporation, foreign partnership, trust, or estate).

Imposes an affirmative withholding tax obligation on the transferee (buyer) to withhold and remit tax on the gross amount realized (gross sales price). The statutory base withholding rate is 15% of the total purchase price (Formula: Tax = Amount Realized × 15%). Exemptions and reductions: (1) 0% withholding applies if the amount realized is $300,000 or less AND the buyer certifies personal residence occupancy for at least 50% of days used over each of the first two 12-month periods; (2) reduced withholding rate of 10% applies if the amount realized exceeds $300,000 but does not exceed $1,000,000 and the buyer meets the personal residence requirement (Formula: Tax = Amount Realized × 10%); (3) withholding can be reduced or eliminated if an IRS Withholding Certificate (Form 8288-B) is obtained or if the seller furnishes a Non-Foreign Status Certification.

Internal Revenue Code Section 1445 (26 U.S.C. § 1445), originally enacted under FIRPTA of 1980; standard rate increased from 10% to 15% under the Protecting Americans from Tax Hikes (PATH) Act of 2015, effective February 16, 2016.

applies when — Residential 'target housing' constructed prior to 1978 offered for sale or lease (excluding zero-bedroom dwellings, housing for the elderly or persons with disabilities unless a child under 6 resides there, and certified lead-free properties).

Requires sellers and landlords to disclose known lead-based paint and lead-based paint hazards, provide all available evaluation reports/records, provide the EPA-approved informational pamphlet 'Protect Your Family From Lead in Your Home', and grant prospective buyers a 10-day inspection period (subject to mutual written waiver). Parties must execute a formal disclosure attachment; failure exposes non-compliant parties to statutory civil penalties and treble damages.

Residential Lead-Based Paint Hazard Reduction Act of 1992 (Title X of Pub. L. 102-550; 42 U.S.C. § 4852d); joint HUD/EPA regulations at 24 CFR Part 35, Subpart A and 40 CFR Part 745, Subpart F.

applies when — The parcel contains covered multifamily residential dwellings designed and constructed for first occupancy after March 13, 1991 (defined as all dwelling units in buildings with 4 or more units with an elevator, or ground floor dwelling units in buildings with 4 or more units without an elevator).

Imposes mandatory physical structural criteria on the parcel improvements: (1) accessible building entrance on an accessible route, (2) accessible public and common use areas, (3) usable doors for wheelchairs, (4) accessible routes into and through each dwelling unit, (5) light switches, electrical outlets, and environmental controls in accessible locations, (6) reinforced bathroom walls for grab bar installation, and (7) usable kitchens and bathrooms permitting wheelchair maneuvering. Non-conforming improvements require mandatory structural retrofits and subject developers/owners to federal civil actions.

Fair Housing Amendments Act of 1988 (42 U.S.C. 3604(f)(3)(C)); HUD regulations at 24 CFR 100.205.

applies when — The parcel secures a residential mortgage originated before the property owner entered active military service, where the debt is enforced during or within one year after active military service.

Restricts lender foreclosure rights by nullifying any non-judicial foreclosure, sale, or seizure of the residential parcel without a court order or valid written waiver executed by the servicemember during or after active duty. Courts are empowered to stay foreclosure proceedings or adjust loan payments. Foreclosing without a court order constitutes a federal criminal misdemeanor and exposes the lender to civil damages.

50 U.S.C. 3953; codified originally as the Soldiers' and Sailors' Civil Relief Act of 1940, modernized under the Servicemembers Civil Relief Act of 2003 (Pub. L. 108-189).

applies when — The residential parcel is owned by a person or entity that has neglected or refused to pay any assessed federal tax liability (income, gift, estate, or payroll tax) after formal demand.

Under IRC § 6321, a statutory lien arises automatically as of the date of assessment and attaches to all real property owned or acquired by the taxpayer. Upon the IRS filing a Notice of Federal Tax Lien (NFTL) in local county land records under IRC § 6323, it perfects priority against subsequent purchasers, mortgagees, and judgment lien creditors. Rate and computation: The lien secures 100% of the underlying unpaid tax assessment, plus compounding interest under IRC § 6621 (the federal short-term rate plus 3 percentage points) and statutory late-payment penalties under IRC § 6651 (0.5% per month, up to a maximum cap of 25%). No parcel-level homestead exemption exists under federal law against an IRC § 7403 judicial foreclosure or tax collection lien.

Internal Revenue Code (IRC) §§ 6321, 6322, 6323.

applies when — The parcel is improved with target residential housing built before 1978 undergoing renovation, repair, or painting activities for compensation that disturb more than 6 sq. ft. of interior painted surface or 20 sq. ft. of exterior painted surface.

Legally prohibits uncertified contractors from performing qualifying physical alterations on the home. Contractors must be EPA-certified and adhere to specific lead-safe containment, containment plastic barriers, HEPA vacuuming, and cleaning verification protocols. Imposes strict recordkeeping burdens and exposes property alterations to federal administrative stop-work orders and civil fines for uncontained lead dust contamination.

Promulgated under TSCA § 402(c)(3) (15 U.S.C. 2682); codified at 40 CFR Part 745, Subpart E; fully effective April 22, 2010.

applies when — The parcel contains wetlands, streams, or waterways that meet the definition of 'Waters of the United States' (WOTUS) as delineated under the Clean Water Act.

Prohibits the discharge of dredged or fill material into jurisdictional wetlands or waters without a permit issued by the U.S. Army Corps of Engineers (USACE). Restricts residential site grading, driveway installation, structural foundation expansion, or shoreline bulkheading; unauthorized fill mandates compulsory site restoration and subjects parcel owners to civil penalties exceeding $50,000 per day under 33 U.S.C. 1319.

Federal Water Pollution Control Act (Clean Water Act), 33 U.S.C. 1344; current delineation criteria governed in accordance with Sackett v. EPA (2023) and conforming federal rulemaking (40 CFR Part 120 / 33 CFR Part 328).

applies when — The residential parcel is listed in or eligible for listing in the National Register of Historic Places, or lies within an eligible historic district, and involves an action subject to federal agency funding, permitting, licensing, or mortgage assistance (e.g., HUD/FHA, VA, USDA, or USACE permits).

Federal agencies must assess adverse effects on historic resources prior to approving loans, grants, or permits. Parcel alterations, demolitions, or rehabilitation programs that receive federal assistance are subjected to binding Section 106 consultation with the State Historic Preservation Officer (SHPO) and must adhere to the Secretary of the Interior's Standards for the Treatment of Historic Properties, restricting unapproved structural modifications or exterior elevation changes.

National Historic Preservation Act of 1966 (54 U.S.C. 306108, formerly 16 U.S.C. 470f); regulations codified at 36 CFR Part 800.

applies when — The parcel is being purchased or refinanced using FHA-insured Title II financing under the National Housing Act.

Restricts financing eligibility based on parcel and structural criteria: (1) County Loan Limits cap the maximum insurable mortgage balance per parcel based on local median housing costs (ranging from a federal statutory floor of 65% of the national conforming limit up to a statutory ceiling of 150%). (2) Imposes mandatory HUD Minimum Property Standards (MPS; HUD Handbook 4000.1 / 24 CFR Part 200) requiring mandatory appraisal repair escrows or seller cures for deficiencies regarding structural soundness, safety, soil stability, drainage, well/septic separation buffers, and lead paint encapsulation before loan endorsement.

National Housing Act of 1934, as amended (12 U.S.C. 1709); annual loan limit updates promulgated under the Housing and Economic Recovery Act of 2008 (HERA).

applies when — The parcel constitutes a U.S. Real Property Interest (USRPI) transferred or disposed of by a 'foreign person' (non-resident alien individual, foreign corporation, foreign partnership, or foreign trust/estate).

Imposes an absolute statutory obligation on the transferee/buyer to withhold gross tax from the total amount realized (purchase price) upon disposition and remit it to the IRS within 20 days using Forms 8288 and 8288-A. Rate structure and formula: Base statutory withholding rate is 15% of the gross sales price. Residential personal residence exemption computation: (1) If the gross sales price does not exceed $300,000 AND the buyer (or family member) intends to use the parcel as a personal residence for at least 50% of days used during each of the first two 12-month periods, the withholding rate is 0%. (2) If the gross sales price exceeds $300,000 but does not exceed $1,000,000 and meets the same personal residence test, the withholding rate is reduced to 10% of the gross sales price. (3) For all sales exceeding $1,000,000, or where the buyer does not satisfy the personal residence requir

Internal Revenue Code (IRC) § 1445; enacted via the Foreign Investment in Real Property Tax Act of 1980, with standard rate increased from 10% to 15% pursuant to the PATH Act of 2015.

applies when — The parcel is improved with 'target housing,' defined as any residential dwelling constructed prior to 1978, except housing for the elderly or persons with disabilities (unless a child under age 6 resides or is expected to reside there) or 0-bedroom dwellings.

Before a purchaser or lessee becomes obligated under any contract to buy or lease, the seller or landlord must: (1) provide an EPA-approved lead hazard information pamphlet ('Protect Your Family From Lead In Your Home'), (2) disclose any known lead-based paint or hazards and provide all available records/evaluations, (3) attach a federal Lead Warning Statement and disclosure certification to the contract, and (4) afford buyers a mandatory 10-day mutual inspection period (waivable in writing) to conduct a risk assessment. Failure to comply exposes violators to civil liability, statutory treble damages, and administrative penalties up to statutory maximums per violation.

Enacted under Title X of the Housing and Community Development Act of 1992 (42 U.S.C. 4852d), implemented jointly by EPA and HUD at 40 CFR Part 745 / 24 CFR Part 35.

applies when — Parcel contains improved real estate or a manufactured home situated within a FEMA-designated Special Flood Hazard Area (SFHA, such as Zones A or V / 100-year floodplain) in an NFIP-participating community, where financing is secured via a federally regulated, supervised, or insured lender (including GSEs, FHA, VA, USDA).

Mandates borrower to purchase and maintain flood insurance coverage (via NFIP or qualifying private flood insurance policy) for the term of the mortgage up to the lesser of the outstanding principal loan balance, the maximum NFIP statutory limit ($250,000 for residential 1-4 units), or the insurable value of the property. Lenders must escrow flood insurance premiums unless specific small-lender exceptions apply.

Established under the Flood Disaster Protection Act of 1973 (42 U.S.C. § 4012a) and National Flood Insurance Act of 1968, amended by the Biggert-Waters Flood Insurance Reform Act of 2012; private flood insurance acceptance regulations updated at 24 CFR Part 203 (FHA, 2022).