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. 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,begin delete andend delete 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.
This bill would instead require that recordation to occur within 5 business days of the issuance of the certificate of occupancy.
Existing law provides that once installed on a foundation system in compliance with these provisions, a manufactured home, mobilehome, or commercial modular 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.begin delete 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.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.
end deleteThe bill would also make other technical, nonsubstantivebegin insert, and clarifyingend insert changes.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 18551 of the Health and Safety Code is
2amended to read:
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).
P3 1(a) Notwithstanding any other law, prior to a manufactured
2home, mobilehome, or commercial modular being deemed a fixture
3or improvement to the real property, the installation shall comply
4with all of the following:
5(1) Prior to installation of a manufactured home, mobilehome,
6or commercial modular on a foundation system, the manufactured
7home, mobilehome, or commercial modular owner or a licensed
8contractor shall obtain a building permit from the appropriate
9enforcement agency. To obtain a permit, the owner or contractor
10shall provide the following:
11(A) Written evidence acceptable to the enforcement agency that
12the manufactured home, mobilehome, or commercial modular
13owner owns, holds title to, or is purchasing the real property where
14the mobilehome is to be installed on a foundation system. A lease
15held by the manufactured home, mobilehome, or commercial
16modular owner, that is transferable, for the exclusive use of the
17real property where the manufactured home, mobilehome, or
18commercial modular is to be installed, shall be deemed to comply
19with this paragraph if the lease is for a term of 35 years or more,
20or if less than 35 years, for a term mutually agreed upon by the
21lessor and lessee, and the term of the lease is not revocable at the
22discretion of the lessor except for cause, as described in
23subdivisions 2 to 5, inclusive, of Section 1161 of the Code of Civil
24Procedure.
25(B) Written evidence acceptable to the enforcement agency that
26the registered owner owns the manufactured home, mobilehome,
27or commercial modular free of any liens or encumbrances or, in
28the event that the legal owner is not the registered owner, or liens
29and encumbrances exist on the manufactured home, mobilehome,
30or commercial modular, written evidence provided by the legal
31owner and any lienors or encumbrancers that the legal owner,
32lienor, or encumbrancer consents to the attachment of the
33manufactured home, mobilehome, or commercial modular upon
34the discharge of any personal lien, that may be conditioned upon
35the satisfaction by the registered owner of the obligation secured
36by the lien.
37(C) Plans and specifications required by department regulations
38or a
department-approved alternate for the manufactured home,
39mobilehome, or commercial modular foundation system.
P4 1(D) The manufactured home, mobilehome, or commercial
2modular manufacturer’s installation instructions, or plans and
3specifications signed by a California-licensed architect or engineer
4covering the installation of an individual manufactured home,
5mobilehome, or commercial modular in the absence of the
6manufactured home, mobilehome, or commercial modular
7manufacturer’s instructions.
8(E) Building permit fees established by ordinance or regulation
9of the appropriate enforcement agency.
10(F) A fee payable to the department in the amount of eleven
11dollars ($11) for each transportable section of the manufactured
12home,
mobilehome, or commercial modular, that shall be
13transmitted to the department at the time the certificate of
14occupancy is issued with a copy of the building permit and any
15other information concerning the manufactured home, mobilehome,
16or commercial modular that the department may prescribe on forms
17provided by the department.
18(2) (A) Within five business days of the issuance of the
19certificate of occupancy for the manufactured home, mobilehome,
20or commercial modular by the appropriate enforcement agency,
21the enforcement agency shall record with the county recorder of
22the county where the real property is situated, that the manufactured
23home, mobilehome, or commercial modular has been installed
24upon,begin delete andend deletebegin insert
inend insert a document naming the owner of the real property,
25describing the real property with certainty, and stating that a
26manufactured home, mobilehome, or commercial modular has
27been affixed to that real property by installation on a foundation
28system pursuant to this subdivision.
29(B) When recorded, the document referred to in subparagraph
30(A) shall be indexed by the county recorder to the named owner
31and shall be deemed to give constructive notice as to its contents
32to all persons thereafter dealing with the real property.
33(C) Fees received by the department pursuant to subparagraph
34(F) of paragraph (1) shall be deposited in the
35Mobilehome-Manufactured Home Revolving Fund established
36under subdivision (a) of Section 18016.5.
37(3) Thebegin delete department shall adoptend deletebegin insert
certification of title and other
38indicia of registration shall be surrendered to the department
39pursuant toend insert regulationsbegin insert adopted by the departmentend insert providing for
40the cancellation of registration of a manufactured home,
P5 1mobilehome, or commercial modular that is permanently attached
2to the ground on a foundation system pursuant to subdivision (a).
3begin delete The regulations shall provide for the surrender to the department For the
4of the certificate of title and other indicia of registration.end delete
5purposes of this subdivision, permanent affixation to a foundation
6system shall be deemed to have occurred on the day a certificate
7of occupancy is issued to the manufactured home, mobilehome,
8or commercial modular
owner and the document referred to in
9subparagraph (A) of paragraph (2) is recorded. Cancellation shall
10be effective as of that date and the department shall enter the
11cancellation on its records upon receipt of a copy of the certificate
12of occupancy. This subdivision shall not be construed to affect the
13application of existing laws, or the department’s regulations or
14procedures with regard to the cancellation of registration, except
15as to the requirement therefor and the effective date thereof.
16(4) Once installed on a foundation system in compliance with
17this subdivision, a manufactured home, mobilehome, or commercial
18modular shall be deemed a fixture and a real property improvement
19to the real property to which it is affixed. Physical removal of the
20manufactured home, mobilehome, or commercial modular shall
21thereafter be prohibited without the
consent of all persons or
22entities who, at the time of removal, have title to any estate or
23interest in the real property to which the manufactured home,
24mobilehome, or commercial modular is affixed.
25(5) For the purposes of this subdivision:
26(A) “Physical removal” shall include, without limitation, the
27unattaching of the manufactured home, mobilehome, or commercial
28modular from the foundation system, except for temporary
29purposes of repair or improvement thereto.
30(B) Consent to removal shall not be required from the owners
31of rights-of-way or easements or the owners of subsurface rights
32or interests in or to minerals, including, but not limited to, oil, gas,
33or other hydrocarbon substances.
34(6) At leastbegin delete 31end deletebegin insert 30end insert days prior to a legal removal of the
35manufactured home, mobilehome, or commercial modular from
36the foundation system and transportation away from the real
37property to which it was formerly affixed, the manufactured home,
38mobilehome, or commercial modular owner shall notify the
39department and the county assessor of the intended removal of the
40manufactured home, mobilehome, or commercial modular. The
P6 1department shall require written evidence that the necessary
2consents have been obtained pursuant to this section and shall
3require application for either a transportation permit or
4manufactured home, mobilehome, or commercial modular
5registration, as the
department may decide is appropriate to the
6circumstances. Immediately upon removal, as defined in this
7section, the manufactured home, mobilehome, or commercial
8modular shall be deemed to have become personal property and
9subject to all laws governing the same as applicable to a
10manufactured home, mobilehome, or commercial modular.
11(b) The installation of a manufactured home or a mobilehome
12on a foundation system as chattel shall be in accordance with
13Section 18613 and shall be deemed to meet or exceed the
14requirements of Section 18613.4. This subdivision shall not be
15construed to affect the application of sales and use or property
16taxes. No provisions of this subdivision are intended, nor shall
17they be construed, to affect the ownership interest of any owner
18of a manufactured home or mobilehome.
19(c) Once installed on a foundation system, a manufactured home,
20mobilehome, or commercial modular shall be subject to
21state-enforced health and safety standards for manufactured homes,
22mobilehomes, or commercial modulars enforced pursuant to
23Section 18020.
24(d) No local agency shall require that any manufactured home,
25mobilehome, or commercial modular currently on private property
26be placed on a foundation system.
27(e) No local agency shall require that any manufactured home
28or mobilehome located in a mobilehome park be placed on a
29foundation system.
30(f) No local agency shall require, as a condition for the approval
31of the conversion of a rental mobilehome park to a resident-owned
32park, including, but
not limited to, a subdivision, cooperative, or
33condominium for mobilehomes, that any manufactured home or
34mobilehome located there be placed on a foundation system. This
35subdivision shall only apply to the conversion of a rental
36mobilehome park that has been operated as a rental mobilehome
37park for a minimum period of five years.
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