BILL NUMBER: AB 1567 CHAPTERED 10/04/01 CHAPTER 491 FILED WITH SECRETARY OF STATE OCTOBER 4, 2001 APPROVED BY GOVERNOR OCTOBER 3, 2001 PASSED THE ASSEMBLY SEPTEMBER 12, 2001 PASSED THE SENATE SEPTEMBER 10, 2001 AMENDED IN SENATE SEPTEMBER 5, 2001 AMENDED IN SENATE AUGUST 27, 2001 AMENDED IN SENATE JULY 16, 2001 AMENDED IN SENATE JUNE 27, 2001 AMENDED IN ASSEMBLY JUNE 5, 2001 INTRODUCED BY Assembly Member Runner FEBRUARY 23, 2001 An act to add and repeal Section 33413.5 of the Health and Safety Code, relating to redevelopment. LEGISLATIVE COUNSEL'S DIGEST AB 1567, Runner. Redevelopment: City of Lancaster. The Community Redevelopment Law requires redevelopment agencies to provide a certain percentage of affordable replacement housing, as specified, in place of housing destroyed or removed as part of a redevelopment project and, until January 1, 2002, allows that requirement to be satisfied by the acquisition of certain long-term affordability covenants on multifamily units. This bill would authorize until January 1, 2006, the Redevelopment Agency for the City of Lancaster to purchase, or otherwise acquire or cause by regulation or agreement the purchase or other acquisition of, long-term affordability covenants on mobilehome parks in which residents rent spaces and either rent or own the mobilehome occupying their spaces, that restrict the cost of renting or purchasing those units, under prescribed conditions. This bill would become operative only if AB 637 is enacted and becomes effective on or before January 1, 2002. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 33413.5 is added to the Health and Safety Code, to read: 33413.5. (a) To satisfy the requirements of paragraphs (1) and (2) of subdivision (b) of Section 33413, the Redevelopment Agency for the City of Lancaster, until January 1, 2006, may purchase, or otherwise acquire or cause by regulation or agreement the purchase or other acquisition of, long-term affordability covenants on mobilehome parks in which residents rent spaces and either rent or own the mobilehome occupying their spaces, that restrict the cost of renting or purchasing those units that either: (1) are units that are presently available at affordable housing cost to this same group of persons or families, but are units that the agency finds, based upon substantial evidence, after a public hearing, cannot reasonably be expected to remain affordable to this same group of persons or families; or (2) are not presently available at affordable housing cost to persons and families of low-or very low income households, as applicable. (b) The long-term affordability covenants purchased or otherwise acquired on a mobilehome park shall be required to be maintained on the mobilehome park at affordable housing cost for occupancy by persons and families of low- and very low income for the longest feasible time, but for not less than 55 years. The long-term affordability covenants purchased or otherwise acquired on the mobilehome parks shall also comply with the requirements applicable to long-term affordability covenants purchased or acquired pursuant to subparagraphs (B) and (C) of paragraph (2) of subdivision (b) of Section 33413. (c) For the purposes of this section, affordable housing costs with respect to mobilehome parks shall be determined in the same manner as multifamily rental housing, except that the calculation of the affordable housing cost to persons and families in mobilehome parks shall include the combined cost of all of the following: (1) All costs for rental or purchase of the mobilehome park space, including homeowners association fees, special assessments, and required space maintenance. (2) All costs for purchase or lease of the mobilehome coach, including principal and interest on any mortgage, property taxes, vehicle registration, and other fees. (3) Insurance on the coach, not including its contents. (4) Utilities. The long-term affordability covenants with respect to a mobilehome park shall include a provision that space rents shall not be increased in a manner that results in the displacement of any park tenants residing within the mobilehome park at the time of the purchase, acquisition, regulation, or agreement resulting in the long-term affordability covenants. (d) This section shall remain in effect only until January 1, 2006, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2006, deletes or extends that date. SEC. 2. Section 1 of this act, which adds Section 33413.5 to the Health and Safety Code, shall become operative only if Assembly Bill 637 of the 2001-02 Regular Session is enacted and becomes effective on or before January 1, 2002. SEC. 3. The Legislature finds and declares that, because of the unique circumstances applicable only to the City of Lancaster, a statute of general applicability cannot be enacted within the meaning of subdivision (b) of Section 16 of Article IV of the California Constitution. Therefore, this special statute is necessary.