BILL NUMBER: AB 1542 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 11, 2007
PASSED THE ASSEMBLY JUNE 7, 2007
AMENDED IN ASSEMBLY JUNE 5, 2007
INTRODUCED BY Assembly Members Evans and Leno
(Principal coauthor: Senator Corbett)
(Coauthors: Assembly Members Berg, Huffman, Laird, Lieber, and
Richardson)
(Coauthor: Senator Wiggins)
FEBRUARY 23, 2007
An act to amend Section 66427.5 of the Government Code, relating
to mobilehome parks.
LEGISLATIVE COUNSEL'S DIGEST
AB 1542, Evans. Mobilehome parks: conversions.
(1) The Subdivision Map Act requires a subdivider, at the time of
filing a tentative or parcel map for a subdivision to be created from
the conversion of a rental mobilehome park to resident ownership, to
avoid the economic displacement of all nonpurchasing residents in
accordance with specified provisions that apply to all tenants and
specified provisions that apply to nonpurchasing residents who are
not lower income households. A violation of the act is a crime
punishable as a felony or a misdemeanor. That act also requires that
the subdivider is subject to a hearing by the legislative body or the
advisory agency, which is authorized by local ordinance to approve,
conditionally approve, or disapprove the map, and that the scope of
the hearing is limited to the issue of compliance with these
provisions.
This bill would delete the hearing limitation, but would also
require, notwithstanding the conversion, that local rent control
measures remain applicable to any rental of mobilehome space within
the park. Because the bill would expand the scope of an existing
crime, it would impose a state-mandated local program.
The bill would also revise these provisions as to nonpurchasing
residents who are not low- or moderate-income households where the
conversion is not subject to local rent control.
(2) The act requires the legislative body, or an advisory agency
that is authorized by local ordinance to approve, conditionally
approve, or disapprove the map, to require the subdivider to take
steps to mitigate any adverse impact of the conversion on the ability
of displaced mobilehome park residents to find adequate space in a
mobilehome park.
This bill would delete these requirements, and would make a
conforming change.
(3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 66427.5 of the Government Code is amended to
read:
66427.5. At the time of filing a tentative or parcel map for a
subdivision to be created from the conversion of a rental mobilehome
park to resident ownership, the subdivider shall avoid the economic
displacement of all nonpurchasing residents in the following manner:
(a) The subdivider shall offer each existing tenant an option to
either purchase his or her condominium or subdivided unit, which is
to be created by the conversion of the park to resident ownership, or
to continue residency as a tenant.
(b) The subdivider shall file a report on the impact of the
conversion upon residents of the mobilehome park to be converted to
resident-owned subdivided interest.
(c) The subdivider shall make a copy of the report available to
each resident of the mobilehome park at least 15 days prior to the
hearing on the map by the advisory agency or, if there is no advisory
agency, by the legislative body.
(d) (1) The subdivider shall obtain a survey of support of
residents of the mobilehome park for the proposed conversion.
(2) The survey of support shall be conducted in accordance with an
agreement between the subdivider and a resident homeowners'
association, if any, that is independent of the subdivider or
mobilehome park owner.
(3) The survey shall be obtained pursuant to a written ballot.
(4) The survey shall be conducted so that each occupied mobilehome
space has one vote.
(5) The results of the survey shall be submitted to the local
agency upon the filing of the tentative or parcel map, to be
considered as part of the subdivision map hearing prescribed by
subdivision (e).
(e) The subdivider shall be subject to a hearing by a legislative
body or advisory agency, which is authorized by local ordinance to
approve, conditionally approve, or disapprove the map.
(f) In the absence of local rent control, the subdivider shall be
required to avoid the economic displacement of all nonpurchasing
residents in accordance with the following:
(1) As to nonpurchasing residents who are not lower income
households, as defined in Section 50079.5 of the Health and Safety
Code, the monthly rent, including any applicable fees or charges for
use of any preconversion amenities, may increase from the
preconversion rent to market levels, as defined in an appraisal
conducted in accordance with nationally recognized professional
appraisal standards, in equal annual increases over a four-year
period.
(2) As to nonpurchasing residents who are lower income households,
as defined in Section 50079.5 of the Health and Safety Code, the
monthly rent, including any applicable fees or charges for use of any
preconversion amenities, may increase from the preconversion rent by
an amount equal to the average monthly increase in rent in the four
years immediately preceding the conversion, except that in no event
shall the monthly rent be increased by an amount greater than the
average monthly percentage increase in the Consumer Price Index for
the most recently reported period.
(g) Notwithstanding the conversion, local rent control measures
shall remain applicable to any rental of mobilehome space within the
park.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.