BILL NUMBER: AB 2321	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Nava

                        FEBRUARY 19, 2010

   An act to amend Section 66427.5 of the Government Code, relating
to land use.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2321, as introduced, Nava. Land use: subdivisions: mobilehome
parks.
   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 nonpurchasing residents, as
specified.
   This bill would make a technical, nonsubstantive change to that
law.
   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 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   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 
the  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. The scope of
the hearing shall be limited to the issue of compliance with this
section.
   (f) 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.