BILL NUMBER: AB 761	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 6, 2009

INTRODUCED BY   Assembly Member Charles Calderon

                        FEBRUARY 26, 2009

   An act to add Section 798.47 to the Civil Code, relating to
mobilehomes.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 761, as amended, Charles Calderon. Mobilehomes: rent control.
   The mobilehome residency law generally regulates the terms and
conditions of mobilehome tenancies in mobilehome parks.  Existing
law permits rent control in mobilehome parks.  Existing law
exempts certain rental agreements relating to mobilehomes from any
local measure establishing the maximum amount that a landlord may
charge a tenant for rent.
   This bill would provide, in addition, that upon the sale,
assignment, transfer, or termination of an interest in a mobilehome
or a mobilehome tenancy in a mobilehome park, the management of the
park may offer a new rental agreement containing an initial rent in
excess of the maximum rent established by a local measure  ,
except as specified   by specified percentages, which
would increase over the next 5 years up to 100% of the last-charged
rent. The bill would except certain mobilehome parks from its
provisions, including those that have common facilities that have
been cited as health and safety risks that remain unabated for 6
months or longer  . The bill would provide that, after 
execution of the new rental agreement,   an increase in
initial rent, the rent should be governed by  the local measure
 shall govern the agreement in all applicable respects
 .  The bill would specify that it does not apply to
rental rate adjustments provided under a local rent control 
 ordinance that are in excess of what the bill's provisions would
permit. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 798.47 is added to the Civil Code, to read:
   798.47.  (a) Notwithstanding any contrary provision of law, upon
the sale, assignment, transfer, or termination of an interest in a
mobilehome or a mobilehome tenancy in a mobilehome park, the
management of the park may offer a new rental agreement containing an
initial rent in excess of the maximum rent established by an
ordinance, rule, regulation, or initiative measure adopted by a city,
county, or city and  county. After execution of the new
rental agreement, the local ordinance, rule, regulation, or
initiative measure shall govern the agreement in all applicable
respects.   county as specified in subdivision (c).

   (b) This section shall not apply to either of the following:
   (1) A change in ownership or tenancy due to the death of a
mobilehome owner or tenant when the spouse of the deceased homeowner
or tenant becomes the sole owner or tenant.
   (2) An assignment of any existing lease that specifies the amount
of rent applicable to the assignee upon a transfer of the interest in
the mobilehome. 
   (3) A park that contains common facilities or improvements that
constitute an unreasonable risk to life, health, or safety for which
a citation has been issued by the appropriate governmental agency
that remains unabated for six months or longer preceding the vacancy.
 
   (c) Notwithstanding any other provision of law, a mobilehome park
owner may establish the initial rental rates for a mobilehome tenancy
as follows:  
   (1) Beginning January 1, 2010, the initial rental rate may be
increased by up to 20 percent of the last-charged rent.  
   (2) Beginning January 1, 2011, the initial rental rate may be
increased by up to 40 percent of the last-charged rent.  
   (3) Beginning January 1, 2012, the initial rental rate may be
increased by up to 60 percent of the last-charged rent.  
   (4) Beginning January 1, 2013, the initial rental rate may be
increased by up to 80 percent of the last-charged rent.  
   (5) Beginning January 1, 2014, the initial rental rate may be
increased by up to 100 percent of the last-charged rent.  
   (d) After an increase in the initial rental rate as permitted in
subdivision (c), rent shall be subject to any ordinance, rule,
regulation, or initiative measure adopted by any local governmental
entity which establishes a maximum amount that a landlord may charge
a tenant for rent for the term of that tenancy.  
   (e) This section does not apply to rental rate adjustments greater
than those provided in subdivision (c) if authorized pursuant to any
ordinance, rule, regulation, or initiative measure adopted by any
local governmental entity that establishes a maximum amount that a
landlord may charge a tenant for rent or other law.