California Legislature—2013–14 Regular Session

Assembly BillNo. 379


Introduced by Assembly Member Brown

February 14, 2013


An act to amend Section 18551 of the Health and Safety Code, relating to manufactured housing.

LEGISLATIVE COUNSEL’S DIGEST

AB 379, as introduced, Brown. Manufactured housing: removal.

Existing law requires the installation of a manufactured home, mobilehome, or commercial modular as a fixture or improvement to real property to comply with specified provisions. Existing law provides that once installed on a foundation system in compliance with these provisions, it shall be deemed a fixture and a real property improvement to the real property to which it is affixed and physical removal of the manufactured home, mobilehome, or commercial modular shall thereafter be prohibited without the consent of all persons or entities who, at the time of removal, have title to any estate or interest in the real property to which it is affixed. Existing law also requires the owner, at least 30 days prior to a legal removal of the manufactured home, mobilehome, or commercial modular from the foundation system and transportation away from the real property to which it was formerly affixed, to notify the Department of Housing and Community Development and the county assessor of the intended removal.

The bill would also make other technical, nonsubstantive changes.

This bill would instead require the manufactured home, mobilehome, or commercial modular owner to notify the department and the county assessor of the intended removal at least 31 days prior to the removal.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 18551 of the Health and Safety Code is
2amended to read:

3

18551.  

The department shall establish regulations for
4manufactured home, mobilehome, and commercial modular
5foundation systems that shall be applicable throughout the state.
6When established, these regulations supersede any ordinance
7enacted by any city, county, or city and county applicable to
8manufactured home, mobilehome, and commercial modular
9foundation systems. The department may approve alternate
10foundation systems to those provided by regulationbegin delete whereend deletebegin insert ifend insert the
11department is satisfied of equivalent performance. The department
12shall document approval of alternate systems by its stamp of
13approval on the plans and specifications for the alternate foundation
14system. A manufactured home, mobilehome, or commercial
15modular may be installed on a foundation system as either a fixture
16or improvement to the real property, in accordance with subdivision
17(a), or a manufactured home or mobilehome may be installed on
18a foundation system as a chattel, in accordance with subdivision
19(b).

20(a) Installation of a manufactured home, mobilehome, or
21commercial modular as a fixture or improvement to the real
22property shall comply with all of the following:

23(1) Prior to installation of a manufactured home, mobilehome,
24or commercial modular on a foundation system, the manufactured
25home, mobilehome, or commercial modular owner or a licensed
26contractor shall obtain a building permit from the appropriate
27enforcement agency. To obtain a permit, the owner or contractor
28shall provide the following:

29(A) Written evidence acceptable to the enforcement agency that
30the manufactured home, mobilehome, or commercial modular
31owner owns, holds title to, or is purchasing the real property where
32the mobilehome is to be installed on a foundation system. A lease
33held by the manufactured home, mobilehome, or commercial
34modular owner, that is transferable, for the exclusive use of the
35real property where the manufactured home, mobilehome, or
P3    1commercial modular is to be installed, shall be deemed to comply
2with this paragraph if the lease is for a term of 35 years or more,
3or if less than 35 years, for a term mutually agreed upon by the
4lessor and lessee, and the term of the lease is not revocable at the
5discretion of the lessor except for cause, as described in
6subdivisions 2 to 5, inclusive, of Section 1161 of the Code of Civil
7Procedure.

8(B) Written evidence acceptable to the enforcement agency that
9the registered owner owns the manufactured home, mobilehome,
10or commercial modular free of any liens or encumbrances or, in
11the event that the legal owner is not the registered owner, or liens
12and encumbrances exist on the manufactured home, mobilehome,
13or commercial modular, written evidence provided by the legal
14owner and any lienors or encumbrancers that the legal owner,
15lienor, or encumbrancer consents to the attachment of the
16manufactured home, mobilehome, or commercial modular upon
17the discharge of any personal lien, that may be conditioned upon
18the satisfaction by the registered owner of the obligation secured
19by the lien.

20(C) Plans and specifications required by department regulations
21or a department-approved alternate for the manufactured home,
22mobilehome, or commercial modular foundation system.

23(D) The manufactured home, mobilehome, or commercial
24modular manufacturer’s installation instructions, or plans and
25specifications signed by a California licensed architect or engineer
26covering the installation of an individual manufactured home,
27mobilehome, or commercial modular in the absence of the
28manufactured home, mobilehome, or commercial modular
29manufacturer’s instructions.

30(E) Building permit fees established by ordinance or regulation
31of the appropriate enforcement agency.

32(F) A fee payable to the department in the amount of eleven
33dollars ($11) for each transportable section of the manufactured
34home, mobilehome, or commercial modular, that shall be
35transmitted to the department at the time the certificate of
36occupancy is issued with a copy of the building permit and any
37other information concerning the manufactured home, mobilehome,
38or commercial modularbegin delete whichend deletebegin insert thatend insert the department may prescribe
39on forms provided by the department.

P4    1(2) (A) On the same day that the certificate of occupancy for
2the manufactured home, mobilehome, or commercial modular is
3issued by the appropriate enforcement agency, the enforcement
4agency shall record with the county recorder of the county where
5the real property is situated, that the manufactured home,
6mobilehome, or commercial modular has been installed upon, a
7document naming the owner of the real property, describing the
8real property with certainty, and stating that a manufactured home,
9mobilehome, or commercial modular has been affixed to that real
10property by installation on a foundation system pursuant to this
11subdivision.

12(B) When recorded, the document referred to in subparagraph
13(A) shall be indexed by the county recorder to the named owner
14and shall be deemed to give constructive notice as to its contents
15to all persons thereafter dealing with the real property.

16(C) Fees received by the department pursuant to subparagraph
17(F) of paragraph (1) shall be deposited in the
18Mobilehome-Manufactured Home Revolving Fund established
19under subdivision (a) of Section 18016.5.

20(3) The department shall adopt regulations providing for the
21cancellation of registration of a manufactured home, mobilehome,
22or commercial modular that is permanently attached to the ground
23on a foundation system pursuant to subdivision (a). The regulations
24shall provide for the surrender to the department of the certificate
25of title and other indicia of registration. For the purposes of this
26subdivision, permanent affixation to a foundation system shall be
27deemed to have occurred on the day a certificate of occupancy is
28issued to the manufactured home, mobilehome, or commercial
29modular owner and the document referred to in subparagraph (A)
30of paragraph (2) is recorded. Cancellation shall be effective as of
31that date and the department shall enter the cancellation on its
32records upon receipt of a copy of the certificate of occupancy. This
33subdivision shall not be construed to affect the application of
34existing laws, or the department’s regulations or procedures with
35regard to the cancellation of registration, except as to the
36requirement therefor and the effective date thereof.

37(4) Once installed on a foundation system in compliance with
38this subdivision, a manufactured home, mobilehome, or commercial
39modular shall be deemed a fixture and a real property improvement
40to the real property to which it is affixed. Physical removal of the
P5    1manufactured home, mobilehome, or commercial modular shall
2thereafter be prohibited without the consent of all persons or
3entities who, at the time of removal, have title to any estate or
4interest in the real property to which the manufactured home,
5mobilehome, or commercial modular is affixed.

6(5) For the purposes of this subdivision:

7(A) “Physical removal” shall include, without limitation, the
8unattaching of the manufactured home, mobilehome, or commercial
9modular from the foundation system, except for temporary
10purposes of repair or improvement thereto.

11(B) Consent to removal shall not be required from the owners
12of rights-of-way or easements or the owners of subsurface rights
13or interests in or to minerals, including, but not limited to, oil, gas,
14or other hydrocarbon substances.

15(6) At leastbegin delete 30end deletebegin insert 31end insert days prior to a legal removal of the
16manufactured home, mobilehome, or commercial modular from
17the foundation system and transportation away from the real
18property to which it was formerly affixed, the manufactured home,
19mobilehome, or commercial modular owner shall notify the
20department and the county assessor of the intended removal of the
21manufactured home, mobilehome, or commercial modular. The
22department shall require written evidence that the necessary
23consents have been obtained pursuant to this section and shall
24require application for either a transportation permit or
25manufactured home, mobilehome, or commercial modular
26registration, as the department may decide is appropriate to the
27circumstances. Immediately upon removal, as defined in this
28section, the manufactured home, mobilehome, or commercial
29modular shall be deemed to have become personal property and
30subject to all laws governing the same as applicable to a
31manufactured home, mobilehome, or commercial modular.

32(b) The installation of a manufactured home or a mobilehome
33on a foundation system as chattel shall be in accordance with
34Section 18613 and shall be deemed to meet or exceed the
35requirements of Section 18613.4. This subdivision shall not be
36construed to affect the application of sales and use or property
37taxes. No provisions of this subdivision are intended, nor shall
38they be construed, to affect the ownership interest of any owner
39of a manufactured home or mobilehome.

P6    1(c) Once installed on a foundation system, a manufactured home,
2mobilehome, or commercial modular shall be subject to state
3enforced health and safety standards for manufactured homes,
4mobilehomes, or commercial modulars enforced pursuant to
5Section 18020.

6(d) No local agency shall require that any manufactured home,
7mobilehome, or commercial modular currently on private property
8be placed on a foundation system.

9(e) No local agency shall require that any manufactured home
10or mobilehome located in a mobilehome park be placed on a
11foundation system.

12(f) No local agency shall require, as a condition for the approval
13of the conversion of a rental mobilehome park to a resident-owned
14park, including, but not limited to, a subdivision, cooperative, or
15condominium for mobilehomes, that any manufactured home or
16mobilehome located there be placed on a foundation system. This
17subdivision shall only apply to the conversion of a rental
18mobilehome park that has been operated as a rental mobilehome
19park for a minimum period of five years.



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