Amended in Assembly March 13, 2013

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 amended, 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.begin insert Existing law requires an enforcement agency to record with the county recorder of the county where real property is situated, on the same day that the certificate of occupancy for a manufactured home, mobilehome, or commercial modular is issued by the appropriate enforcement agency, that the real property has been installed upon, and a document naming the owner of the real property, describing the real property with certainty, and stating that a manufactured home, mobilehome, or commercial modular has been affixed to the real property by installation on a foundation system, as specified.end insertbegin delete Existingend delete

begin insert

This bill would instead require that recordation to occur within 5 business days of the issuance of the certificate of occupancy.

end insert

begin insert Existingend insert law provides that once installed on a foundation system in compliance with these provisions,begin delete itend deletebegin insert a manufactured home, mobilehome, or commercial modularend insert 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.

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The bill would also make other technical, nonsubstantive changes.

end delete

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.

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The bill would also make other technical, nonsubstantive changes.

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

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

P2    1

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 regulation if 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) begin deleteInstallation of end deletebegin insertNotwithstanding any other law, prior to end inserta
21manufactured home, mobilehome, or commercial modularbegin delete asend deletebegin insert being
P3    1deemedend insert
a fixture or improvement to the real propertybegin insert, the
2installationend insert
shall comply with all of the following:

3(1) Prior to installation of a manufactured home, mobilehome,
4or commercial modular on a foundation system, the manufactured
5home, mobilehome, or commercial modular owner or a licensed
6contractor shall obtain a building permit from the appropriate
7enforcement agency. To obtain a permit, the owner or contractor
8shall provide the following:

9(A) Written evidence acceptable to the enforcement agency that
10the manufactured home, mobilehome, or commercial modular
11owner owns, holds title to, or is purchasing the real property where
12the mobilehome is to be installed on a foundation system. A lease
13held by the manufactured home, mobilehome, or commercial
14modular owner, that is transferable, for the exclusive use of the
15real property where the manufactured home, mobilehome, or
16commercial modular is to be installed, shall be deemed to comply
17with this paragraph if the lease is for a term of 35 years or more,
18or if less than 35 years, for a term mutually agreed upon by the
19lessor and lessee, and the term of the lease is not revocable at the
20discretion of the lessor except for cause, as described in
21subdivisions 2 to 5, inclusive, of Section 1161 of the Code of Civil
22Procedure.

23(B) Written evidence acceptable to the enforcement agency that
24the registered owner owns the manufactured home, mobilehome,
25or commercial modular free of any liens or encumbrances or, in
26the event that the legal owner is not the registered owner, or liens
27and encumbrances exist on the manufactured home, mobilehome,
28or commercial modular, written evidence provided by the legal
29owner and any lienors or encumbrancers that the legal owner,
30lienor, or encumbrancer consents to the attachment of the
31manufactured home, mobilehome, or commercial modular upon
32the discharge of any personal lien, that may be conditioned upon
33the satisfaction by the registered owner of the obligation secured
34by the lien.

35(C) Plans and specifications required by department regulations
36or a department-approved alternate for the manufactured home,
37mobilehome, or commercial modular foundation system.

38(D) The manufactured home, mobilehome, or commercial
39modular manufacturer’s installation instructions, or plans and
40specifications signed by a California-licensed architect or engineer
P4    1covering the installation of an individual manufactured home,
2mobilehome, or commercial modular in the absence of the
3manufactured home, mobilehome, or commercial modular
4manufacturer’s instructions.

5(E) Building permit fees established by ordinance or regulation
6of the appropriate enforcement agency.

7(F) A fee payable to the department in the amount of eleven
8dollars ($11) for each transportable section of the manufactured
9home, mobilehome, or commercial modular, that shall be
10transmitted to the department at the time the certificate of
11occupancy is issued with a copy of the building permit and any
12other information concerning the manufactured home, mobilehome,
13or commercial modular that the department may prescribe on forms
14provided by the department.

15(2) (A) begin deleteOn the same day that end deletebegin insertWithin five business days of the
16issuance of end insert
the certificate of occupancy for the manufactured home,
17mobilehome, or commercial modularbegin delete is issuedend delete by the appropriate
18enforcement agency, the enforcement agency shall record with the
19county recorder of the county where the real property is situated,
20that the manufactured home, mobilehome, or commercial modular
21has been installed upon,begin insert andend insert a document naming the owner of the
22real property, describing the real property with certainty, and
23stating that a manufactured home, mobilehome, or commercial
24modular has been affixed to that real property by installation on a
25foundation system pursuant to this subdivision.

26(B) When recorded, the document referred to in subparagraph
27(A) shall be indexed by the county recorder to the named owner
28and shall be deemed to give constructive notice as to its contents
29to all persons thereafter dealing with the real property.

30(C) Fees received by the department pursuant to subparagraph
31(F) of paragraph (1) shall be deposited in the
32Mobilehome-Manufactured Home Revolving Fund established
33under subdivision (a) of Section 18016.5.

34(3) The department shall adopt regulations providing for the
35cancellation of registration of a manufactured home, mobilehome,
36or commercial modular that is permanently attached to the ground
37on a foundation system pursuant to subdivision (a). The regulations
38shall provide for the surrender to the department of the certificate
39of title and other indicia of registration. For the purposes of this
40subdivision, permanent affixation to a foundation system shall be
P5    1deemed to have occurred on the day a certificate of occupancy is
2issued to the manufactured home, mobilehome, or commercial
3modular owner and the document referred to in subparagraph (A)
4of paragraph (2) is recorded. Cancellation shall be effective as of
5that date and the department shall enter the cancellation on its
6records upon receipt of a copy of the certificate of occupancy. This
7subdivision shall not be construed to affect the application of
8existing laws, or the department’s regulations or procedures with
9regard to the cancellation of registration, except as to the
10requirement therefor and the effective date thereof.

11(4) Once installed on a foundation system in compliance with
12this subdivision, a manufactured home, mobilehome, or commercial
13modular shall be deemed a fixture and a real property improvement
14to the real property to which it is affixed. Physical removal of the
15manufactured home, mobilehome, or commercial modular shall
16thereafter be prohibited without the consent of all persons or
17entities who, at the time of removal, have title to any estate or
18interest in the real property to which the manufactured home,
19mobilehome, or commercial modular is affixed.

20(5) For the purposes of this subdivision:

21(A) “Physical removal” shall include, without limitation, the
22unattaching of the manufactured home, mobilehome, or commercial
23modular from the foundation system, except for temporary
24purposes of repair or improvement thereto.

25(B) Consent to removal shall not be required from the owners
26of rights-of-way or easements or the owners of subsurface rights
27or interests in or to minerals, including, but not limited to, oil, gas,
28or other hydrocarbon substances.

29(6) At least 31 days prior to a legal removal of the manufactured
30home, mobilehome, or commercial modular from the foundation
31system and transportation away from the real property to which it
32was formerly affixed, the manufactured home, mobilehome, or
33commercial modular owner shall notify the department and the
34county assessor of the intended removal of the manufactured home,
35mobilehome, or commercial modular. The department shall require
36written evidence that the necessary consents have been obtained
37pursuant to this section and shall require application for either a
38transportation permit or manufactured home, mobilehome, or
39commercial modular registration, as the department may decide
40is appropriate to the circumstances. Immediately upon removal,
P6    1as defined in this section, the manufactured home, mobilehome,
2or commercial modular shall be deemed to have become personal
3property and subject to all laws governing the same as applicable
4to a manufactured home, mobilehome, or commercial modular.

5(b) The installation of a manufactured home or a mobilehome
6on a foundation system as chattel shall be in accordance with
7Section 18613 and shall be deemed to meet or exceed the
8requirements of Section 18613.4. This subdivision shall not be
9construed to affect the application of sales and use or property
10taxes. No provisions of this subdivision are intended, nor shall
11they be construed, to affect the ownership interest of any owner
12of a manufactured home or mobilehome.

13(c) Once installed on a foundation system, a manufactured home,
14mobilehome, or commercial modular shall be subject to
15state-enforced health and safety standards for manufactured homes,
16mobilehomes, or commercial modulars enforced pursuant to
17Section 18020.

18(d) No local agency shall require that any manufactured home,
19mobilehome, or commercial modular currently on private property
20be placed on a foundation system.

21(e) No local agency shall require that any manufactured home
22or mobilehome located in a mobilehome park be placed on a
23foundation system.

24(f) No local agency shall require, as a condition for the approval
25of the conversion of a rental mobilehome park to a resident-owned
26park, including, but not limited to, a subdivision, cooperative, or
27condominium for mobilehomes, that any manufactured home or
28mobilehome located there be placed on a foundation system. This
29subdivision shall only apply to the conversion of a rental
30mobilehome park that has been operated as a rental mobilehome
31park for a minimum period of five years.



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