BILL NUMBER: AB 761	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 28, 2009
	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   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 
that is the lesser of an   amount  in excess of the
maximum rent established by a local measure by specified percentages,
which would increase  over the next 5 years   ,
beginning January 1, 2011,  up to 100% of the last-charged rent
 , or market levels, as specified  . 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 an increase in initial rent, the rent should be
governed by the local measure. 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  , or that are not subject to a local rent control
ordinance  .
   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 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. 

   (c) Notwithstanding any ordinance, rule, regulation, or initiative
measure adopted by a city, county, or city and county which
establishes a maximum amount that may be charged for rent, beginning
January 1, 2011, a mobilehome park owner may establish the initial
rental rates for a mobilehome tenancy in accordance with the lesser
of either of the following:  
   (1) Market levels, as defined in an appraisal conducted in
accordance with nationally recognized professional appraisal
standards.  
   (2) The amount specified in subparagraphs (A) to (G), inclusive:
 
   (A) Beginning January 1, 2011, the initial rental rate may be
increased by up to 14.285 percent of the last-charged rent. 

   (B) Beginning January 1, 2012, the initial rental rate may be
increased by up to 28.57 percent of the last-charged rent.  

   (C) Beginning January 1, 2013, the initial rental rate may be
increased by up to 42.85 percent of the last-charged rent.  

   (D) Beginning January 1, 2014, the initial rental rate may be
increased by up to 57.14 percent of the last-charged rent.  

   (E) Beginning January 1, 2015, the initial rental rate may be
increased by up to 71.425 percent of the last-charged rent. 

   (F) Beginning January 1, 2016, the initial rental rate may be
increased by up to 85.71 percent of the last-charged rent.  

   (G) Beginning January 1, 2017, and thereafter, the initial rental
rate may be increased by up to 100 percent of the last-charged rent.
 
   (d) No rent adjustment as provided in subdivision (c) shall exceed
market levels, as defined in an appraisal conducted in accordance
with nationally recognized professional appraisal standards. 

   (d) 
    (e)  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.  
   (f) The restrictions of this section do not apply to an assignment
of a rental agreement entered into pursuant to Section 798.17,
798.21, or 798.45, or Section 66427.5 of the Government Code, or the
sale or other transfer of a mobilehome in a mobilehome park which is
not subject to, or which is subject to adjustments greater than those
provided in subdivision (c) by, an ordinance, rule, regulation, or
initiative measure adopted by any local governmental entity that
establishes a maximum amount which a landlord may charge a tenant for
rent.