AB 1317 is a California law that requires owners of new apartment buildings with 16 or more units in ten counties, including Los Angeles, to separate the cost of parking from rent. Parking must be offered under its own agreement, so tenants who do not need a stall do not pay for one.
- Statute
- Civil Code 1947.1 (Carrillo), Ch. 757, Stats. 2023, amended 2024
- Applies to
- Buildings of 16+ units with a certificate of occupancy issued on or after January 1, 2025
- Key fact
- It sets no stall count and no price. It changes who pays for parking, and how
What AB 1317 requires
AB 1317 makes unbundled parking the default in new rental housing. For covered properties, an owner may not include the cost of parking in the rent for a unit. Parking is offered in a separate agreement or an addendum, for the life of the property, and the tenant decides whether to take it.
- Right of first refusal: tenants of the building get the first right to rent the parking available to them.
- Unused spaces: stalls tenants do not take may be leased to others, including people who do not live in the building, generally on a month-to-month basis.
- No eviction over parking: failure to pay for parking cannot be the basis for evicting a tenant from the home. The owner’s remedy is to end the parking agreement after a period of nonpayment.
Where AB 1317 applies
The law covers residential properties of 16 or more units, with a certificate of occupancy issued on or after January 1, 2025, in Alameda, Fresno, Los Angeles, Riverside, Sacramento, San Bernardino, San Joaquin, Santa Clara, Shasta and Ventura counties. Existing buildings are not affected.
AB 1317 exclusions
- Units with an attached private garage, such as townhomes, where the stall is part of the unit.
- Housing that is 100 percent affordable, including projects financed with low income housing tax credits or CalHFA tax-exempt bonds.
- Tenants using Section 8 or HUD-VASH vouchers, whose rent rules come from federal programs.
AB 1317 and parking minimums
AB 1317 does not tell an owner how many stalls to build. Near transit, AB 2097 usually removes the minimum; elsewhere, local codes and the Density Bonus Law still set the floor. What changes is how the garage earns its keep: every stall now has a visible price, and every empty stall shows up on the rent roll.
AB 1317 timeline
- October 2023: AB 1317 (Carrillo) is signed as Ch. 757, Stats. 2023.
- 2024: follow-up amendments refine the law’s terms and exclusions.
- January 1, 2025: buildings receiving a certificate of occupancy on or after this date are covered.
How AB 1317 works with other California laws
| Law | What it does for parking and housing near transit |
|---|---|
| SB 79 (2025) | Sets state floors for height, density and floor area around qualifying rail and BRT stops |
| AB 2097 (2022) | Bars minimum parking requirements on most projects within a half mile of a major transit stop |
| Density Bonus Law | Adds homes in exchange for affordable units and caps the parking a city may require |
| SB 423 (2023) | Ministerial, streamlined approval with its own parking limits near transit |
| AB 1317 (2023) | Separates the cost of parking from rent in new buildings of 16 or more units in ten counties |
| AB 894 (2023) | Lets owners share underused parking and count it toward requirements |
The Parkonomics view
Unbundling turns the garage from an amenity into a business line. Owners now need a price for each stall, a way to manage who parks where, and a plan for the stalls tenants do not want. That favors license plate recognition and PARCS systems that can run permits and month-to-month accounts, pricing set from real occupancy data, and partnerships with neighbors under AB 894. It also sharpens the design question: with AB 1317 in place, overbuilding shows up as empty, unrented stalls. Size the garage from a parking demand analysis, not from the last project’s ratio.
AB 1317: frequently asked questions
What is AB 1317?
AB 1317 is a California law that requires new apartment buildings of 16 or more units in ten counties to rent parking separately from the home, so the cost of parking is not built into the rent.
When does AB 1317 take effect?
It applies to buildings that receive a certificate of occupancy on or after January 1, 2025. Older buildings are not covered.
Which counties does AB 1317 cover?
Alameda, Fresno, Los Angeles, Riverside, Sacramento, San Bernardino, San Joaquin, Santa Clara, Shasta and Ventura.
Can a landlord evict a tenant for not paying for parking under AB 1317?
No. Nonpayment for parking cannot be the basis for evicting a tenant from the unit. The owner may end the parking agreement instead.
Can unused apartment parking be rented to non-residents?
Yes. Stalls that tenants do not rent may be leased to others, including people who do not live in the building.
Does AB 1317 set parking prices or stall counts?
No. It requires parking to be priced and rented separately. The number of stalls and their price are up to the owner, subject to other laws.
Related terms: Unbundled Parking, AB 894, AB 2097, Parking Cash-Out, Monthly Parking, LPR, PARCS, SB 79
Further reading: The Zoning Arrives Before the Train, Apartment Cars: how many cars residents really own, The Multifamily Gap, The Underwriting Frame
Sources: Civil Code 1947.1; AB 1317 (Carrillo), Ch. 757, Stats. 2023, and 2024 amendments; Assembly and Senate Housing Committee analyses of AB 1317.