2007 Preliminary Mobilehome & Related Housing Bill Summary

This list was prepared by John Tennyson of the Senate Select Committee on Mobile/Manufactured Housing.  It contains about 25 bills.  We are listing only the more important bills.  Note the sponsor of the bills—some are the legislators:  Cedillo, Kuehl, Dutton, Harman, Correa, Wyland, Perata, Saldana, and Mullin; others include the Conference of Delegates of the California Bar Association, CMHI, CMRAA, GSMOL, the Senate Select Committee, California Apartment Assoc., WMA, HCD, State Board of Equalization, etc.

Senate Bills

SB 538 (Battin) – changes state law to separately define and distinguish mobilehomes from manufactured homes for purposes of the Mobilehome Parks Act and by reference the Mobilehome Residency Law.  Sponsor:  California Manufactured Housing Institute (CMHI)

SB 541 (Alquist) – prohibits park management from requiring that the buyer of a mobilehome in a mobilehome park be denied residency solely on the basis of a 3:1 income-to-rent standard, without taking into consideration the buyer’s other financial assets.   Sponsor:  California Mobilehome Resource and Action Assn. (CMRAA – a mobilehome owner association)

SB 589 (Correa) – provides HCD with the authority to require the clean-up of sewage spills from mobilehome park sewage systems and permanent buildings within a mobilehome park, not just sewage spills from mobilehomes in the park as under current law.  Sponsor:  Senate Select Committee on Mobile/Manufactured Homes

SB 753 (Correa) – appropriates an unspecified amount of funding from the Proposition 1C Affordable Housing    Innovation Fund to HCD’s Mobilehome Park Resident Ownership Program (MPROP) to help preserve affordable housing in mobilehome parks.**  Sponsor:  Author

SB 900 (Corbett) –  repeals a provision of the Subdivision Map Act that exempts mobile home parks converted to resident ownership from most state and local subdivision map requirements and local mobilehome rent control.  Sponsor:  Golden State Manufactured-home Owners League (GSMOL – a mobilehome owner association)

SB 926 (Perata) – a “spot bill”* expressing legislative intent to examine the Mobilehome Residency Law to         determine whether it adequately protects the rights, health, safety and welfare of mobilehome park residents.      Sponsor: Author

SB 981 (Padilla) – prohibits park owners from imposing costs of maintaining park common area improvements on residents as “pass-through” fees in addition to the rent.  Sponsor:  GSMOL

Assembly Bills

AB 446 (Soto) – provides that a park management’s notice to a homeowner, to make certain repairs or improvements to the home or otherwise remove it from the park on resale, is void and unenforceable if the repair or improvement required by management does not comply with specified provisions of the Mobilehome Residency Law.    Sponsor: GSMOL

AB 460 (Cook) – requires that, as a condition of resale in place in the park, 1975 and older (pre-HUD) mobilehomes be inspected inside and outside by a private home inspector and that any violations be brought up to code in          accordance with HUD regulations.   Sponsor:  WMA

AB 1111 (DeSauliner) – requires mobilehome park management to obtain the consent of 51% of the park residents before changing an existing park rule limiting residency in the park to seniors.  Sponsor:  GSMOL

AB 1309 (Calderon) – a “spot bill”* for pre-empting local mobilehome vacancy control rent ordinances, stating   legislative intent that a local rent control ordinance or initiative shall not be administered to jeopardize the financial viability of mobilehome parks.  Sponsor:  WMA

AB 1542 (Evans) – repeals a provision of the Subdivision Map Act that exempts mobile home parks converted to resident ownership from most state and local subdivision map requirements and local mobilehome rent control.  Sponsor:  City of Santa Rosa

The list represents most bills introduced in the Legislature by February 23, 2007 that may directly affect mobilehomes, manufactured homes, mobilehome parks and issues related thereto.

 

COMMENTARY ON 2007 BILLS

It is interesting to note there are over 20 different authors, about an equal number favoring either mobile home owners or park owners.

SB 900 and AB 1542 both hope to close a loophole in current law that allows condo conversions to break rent control.  CoMO-CAL is absolutely in favor of these bills.

SB 926 is a very interesting bill. It will examine the MRL to determine if  it adequately protects the rights, health, safety and welfare of mobile home park residents. It’s about time that someone does this! CoMO-CAL strongly believes the MRL DOES NOT adequately protect us. Any violation of the MRL by a park is a civil matter requiring us to retain an attorney.  Who has the money, time or inclination to fight?   And believe me, the park owners are well aware of this fact.

SB 981 would eliminate pass-through fees for maintenance of common areas.  (Fees that the residents of Valle Verde Courtyard and Northridge MHP have had to pay).  We support this bill.

Three bills deal with “interference of sales.”  SB 541 by Alquist widens the now narrow requirement to qualify for tenancy based solely on income.  We’ve always believed if a buyer can afford to pay cash for a home, then he certainly will be able to afford the rent.  On the other hand, AB 460 would now require an       inspection INSIDE a home by a private home inspector and violations be corrected before you could sell.  Current law only requires an exterior inspection.  Some park management routinely interfere with sales today and SB981 will only allow this to happen more often. AB 446 deals with upgrades upon sale.

AB 1111 gives park residents some say whether they want to change from a senior park to an all age park. We feel residents certainly should have that right.  Seniors who purchased in a “senior only” park should not lose that benefit just because the park owner wants to convert to an all age park.  Some of us believe the intent of these parks is to pit seniors against families, making it more difficult to organize residents.