Sacramento Convention Center
Sacramento, California
June 3, 2009
1:30 pm - 3:00pm
Presiding:
Carl San Miguel, Chair
Diane Conaway, Vice Chair
Cathryn Snow, Vice Chair
Terry Wunderlich, Liaison
C.A.R. Staff:
Dave Milton
I. Opening Comments
II. State Legislation
A. 2009 Bills of Interest
AB 481 (Ma) 2nd Home Exemption from Mobile Home Park (MHP) Rent
Control -
Currently, if a mobile home space within a mobile home park is not the
principal residence of the homeowner and the homeowner has not rented the
mobile home to another party, the mobile home space is exempt from rent
control. This bill, sponsored by the Western Manufactured Housing
Communities Association (WMA) would expand this exemption from rent control
to apply without regard to whether the homeowner has rented the mobile home
to another party.
Position: Support
Status: Assembly Housing & Community Development
Committee
AB 566 (Nava) Required Vote of Homeowners on MHP Conversions
- Changes the economic factors to be considered for a proposed
conversion of a rental mobile home park to resident ownership.
Specifically, AB 566 requires a sub-divider for the proposed conversion of
a rental mobile home park to obtain a survey demonstrating support of a
majority of the residents of the mobile home park for the proposed
conversion. This bill would require the results of the survey to be
considered by the local agency reviewing the conversion application.
Position: Watch
Status: Assembly Committee on Appropriations
AB 761 (Calderon, C.) MHP Vacancy De-Control - This bill
is also sponsored by WMA and proposes to change current law to provide
vacancy de-control-re-control for mobile home parks located in a
jurisdiction with a MHP rent control ordinance. When a home is sold or a
space vacated, the management of the park would be permitted to offer a new
rental agreement containing an initial rent in excess of the maximum rent
established by any existing local rent control ordinance. The rent would be
permitted to increase incrementally over the next 5 years up to 100% of the
last-charged rent. The bill provides that after an increase in initial rent
the rent shall be governed by the local rent control measure.
Position: Support
Status: Assembly Floor
AB 869 (Mendoza) Certification of MHP Managers - Sponsored
by the Golden State Mobile Home Owners League, this bill proposes to create
the position of "Certified Mobile Home Park Manager". It defines "park
manager" for the purpose of the Mobile Home Residency Law (MRL) and defines
"certified mobile home park manager" as well. It also requires that the
person seeking to be a certified mobile home park manager receive a
certificate of completion from a course offered by a manufactured housing
trade organization or an accredited postsecondary educational institution.
Additionally, a park manager would be required to enroll in such a course
if the manager's mobile home park or manufactured housing community has
been issued a notice on or after January 1, 2010 regarding a violation of
the Mobile Home Parks Act and that violation was not corrected within 60
days of receipt of the notice. The bill further requires homeowners or
prospective homeowners in mobile home parks to receive a written notice as
to whether the park is managed by a certified manager.
Position: Favor Status:
Assembly Housing & Community Development Committee (Failed passage;
reconsideration granted; it is now a 2-year bill.)
AB 1108 (Fuentes) Turnover of MHP Master-Metered Utilities to
Utilities Corporations - The Author introduced this bill in an
effort to ensure sub-metered mobile home park residents are provided safe,
reliable electric service at rates which are no higher than those applied
to non-mobile home park customers being served directly by the local
utility corporation. It proposes to grant the PUC authority to order a
master-meter customer to maintain or repair facilities found to be in
disrepair; authorize the PUC to order that the rate differential be held in
trust when a finding of disrepair is made; require a master-meter customer
to separately bill each user for gas or electric service and rent; and
prohibit a master-meter customer from charging a user of electricity or gas
any late charge for gas or electric service as a result of nonpayment or
delayed payment of rent. AB 1108 also establishes a process by which the
owner of a master-metered mobile home park that provides gas or electric
service to residents is required to transfer ownership and operational
responsibility for the gas or electric system to the local gas or electric
electrical corporation on a time-table mutually agreed upon by the
park/community owner and the utility corporation..
Position: Watch Status:
Assembly Appropriations Committee Suspense File
AB 1474 (Cook) Taxes and the Sale of New Manufactured Homes
- The author believes the manufacture and purchase of a
manufactured home is a unique process, which often incorporates
product-specific financing and customization at the factory. Occasionally,
delays in manufacturing, financing, and installation are created by this
process. Due to the recent state sales tax increase, for the handful of
purchases in California, delays resulted in a price increase before
installation of the home. Many purchasers of manufactured homes live on
limited incomes and this price increase might mean that they can no longer
afford manufactured home ownership. This bill will provide relief to these
purchasers by exempting them from the sales tax increase if they were under
contract to purchase a manufactured home prior to imposition of the sales
tax increase.
Position: Favor Status:
Assembly Revenue & Taxation Committee Suspense File
SB 23 (Padilla) Required Emergency Preparedness Plans for MHPs
- Sponsored by the California Fire Chiefs Association, this bill
is a response to the destruction of several mobile home parks by fire last
year in Southern California. It requires an owner or operator of a mobile
home park, manufactured housing community, or a recreational vehicle park
to adopt and post an emergency preparedness plan by September 1, 2010. The
bill also allows a park owner or operator to adapt an existing plan to meet
this requirement. In each park, management shall post the plan in the park
clubhouse or a conspicuous area within the park and provide each resident
with instructions on how to access and review the plan.
Position: Favor Status:
Senate Appropriations Committee
SB 111 (Correa) Recodification of Mobile Home Residency Law
- Sponsored by the Senate Select Committee on Manufactured Homes
and Communities, this bill reorganizes the Mobile Home Residency Law (MRL)
by renumbering various provisions; adding a new code section consolidating
three sections that relate to the enforcement of park rules and
regulations; making general technical changes; and grouping by subject
matter sections that cover related areas of the MRL.
Position: Support if Amended
Status: In Assembly
SB 224 (Correa) Retrofit of Mobile Homes with Ignition-Resistant
Exterior Components -
Senator Correa chairs the Senate Select Committee on Manufactured Housing
Communities. His committee has found that while the CalHome program
administered by HCD provides rehabilitation assistance to preserve and
expand affordable housing, including assistance for those living in
manufactured home communities or mobile homes parks, some agencies that
administer CalHome-funded grants and loans do not consider mobile homes
eligible. This bill expressly clarifies that CalHome funds may be used for
the rehabilitation of mobile homes to meet new state building code
requirements for installing fire resistant exteriors.
Position: Favor Status:
In Assembly
SB 804 (Leno) Restrictions on MHP Management Regarding Sales of
Homes in a Park -
The Author intends this bill to prevent management from requiring a
homeowner who is replacing a mobile home or manufactured home on a space in
the park to use a specific broker, dealer, or other person as an agent in
the purchase of or installation of the replacement home. The Author does
not believe current law protects park residents' right to choose any
broker, dealer or agent to assist them in their purchase of a home. This
bill would clearly codify that right in statute.
Position: Favor Status:
Senate Floor
B. Other Legislative Issues
III. Other business - Current MH Financing Challenges - a
committee discussion (Carl)
IV. Adjournment