BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 692
                                                                  Page  1

          Date of Hearing:   May 1, 2013

               ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT
                                 Norma Torres, Chair
                    AB 692 (Torres) - As Amended:  April 29, 2013
           
          SUBJECT  :   Mobilehomes: loans.

           SUMMARY  :   Expands the existing Mobilehome Park Resident  
          Ownership Program (MPROP) to allow loans for the purchase and  
          rehabilitation of a mobilehome park that has substantial health  
          and safety issues without a conversion to resident ownership.  
          Specifically,  this bill  :  

          1)Allows the Department of Housing and Community Development  
            (HCD) to make loans under MPROP to a qualified nonprofit  
            housing sponsor or a local government entity to purchase and  
            rehabilitate a mobilehome park without converting the park to  
            resident ownership for the purpose of bringing the park into  
            compliance with all applicable health and safety standards and  
            maintaining affordable rents for low-income residents.

          2)Establishes the following terms for park purchase and  
            rehabilitation loans:

             a)   Requires that loans have a term of no more than 30 years  
               and sets the interest rate at 3%, unless HCD finds that a  
               lower interest rate is necessary and will not jeopardize  
               the financial stability of the program;

             b)   Allows HCD to establish flexible repayment terms if the  
               terms are necessary to reduce rents for low-income  
               residents to an affordable level and do not represent an  
               unacceptable risk to the security of the fund;

             c)   Limits loans to the minimum amount necessary to bring  
               the park into compliance with all applicable health and  
               safety standards and maintain rents for low-income  
               residents at an affordable level;

             d)   Prohibits the use of loans to reduce rents for residents  
               who are not of low income, reduce rents for low-income  
               residents to less than 30 percent of their monthly income,  
               or facilitate the purchase of a park by a qualified  
               nonprofit from a local public entity that had acquired the  








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               park prior to the commitment of the loan from the program;  
               and

             e)   Authorizes the use of loans to finance the cost of  
               relocating a mobilehome park to a more suitable site within  
               the same jurisdiction, if HCD determines that the cost of  
               the relocation, including any and all relocation costs for  
               affected households, is a more prudent expenditure than the  
               costs of needed or repetitive repairs to the existing park.  


          3)Requires HCD to take into consideration the following factors  
            in determining eligibility for and amount of park purchase and  
            rehabilitation loans:

             a)   The current health and safety conditions in the park and  
               the likelihood that unsafe conditions would be remedied  
               without a change in ownership;

             b)   The percent of spaces in the park that are currently  
               occupied by low-income residents, which must be at least 30  
               percent to be eligible for a loan;

             c)   The reasonableness of the costs relating to the purchase  
               of the park, repairs, rehabilitation, construction, or  
               other costs;

             d)   Any administrative and security factors affecting HCD's  
               program operation and administration;

             e)   Whether or not the project complements the  
               implementation of a local housing program to preserve or  
               increase the supply of housing for persons and families of  
               low or moderate income; and

             f)   Whether or not state funds are utilized in the most  
               efficient and effective manner.

          4)Requires HCD to approve all of the following before providing  
            a loan:

             a)   Verification that either no park residents will be  
               displaced as a result of the park purchase or the impacts  
               of the displacement will be mitigated as required under  
               state and local law;








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             b)   Projected costs and sources of funds for all purchase  
               and rehabilitation activities;

             c)   Projected operating budget for the park after the  
               purchase; and

             d)   A management plan for the operation of the park. 
          
           EXISTING LAW  

          1)Establishes the Mobilehome Park Purchase Fund (fund) in the  
            State Treasury (Health and Safety Code Section 50782). 

          2)Imposes an annual fee of $5 per transportable section of a  
            manufactured home or mobilehome that is subject to annual  
            registration, to be deposited in the fund (Health and Safety  
            Code Section 18114.1).

          3)Authorizes HCD to make loans from the fund to (1) individual  
            low-income residents of mobilehome parks that have converted  
            to resident ownership, (2) resident organizations that have  
            converted or plan to convert a mobilehome park to resident  
            ownership, or (3) qualified nonprofit housing sponsors or  
            local public entities that plan to acquire a mobilehome park,  
            provided that no less than 30 percent of the spaces in the  
            park are for occupancy by manufactured homes owned by  
            low-income residents (Health and Safety Code Section 50784).

          4)Specifies that the purpose of providing these loans is to  
            reduce the monthly housing costs for low-income residents to  
            an affordable level (Health and Safety Code Section 50784).

          5)Specifies that these loans must be for a term of no more than  
            30 years at an interest rate of three percent (Health and  
            Safety Code Section 50784).
          6)Authorizes HCD to offer an interest rate below 3% if  
            necessary, as long as it will not jeopardize the financial  
            stability of the fund.

          7)Authorizes HCD to establish flexible repayment terms, such as  
            graduated payment schedules with negative amortization, for  
            these loans if the terms are necessary to reduce the monthly  
            housing costs for low-income residents to an affordable level  
            and do not represent an unacceptable risk to the security of  








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            the fund (Health and Safety Code Section 50784).

          8)Authorizes HCD to make loans from the fund to resident  
            organizations for the purpose of financing mobilehome park  
            conversion costs for a term of no more than three years and at  
            an interest rate of three percent (Health and Safety Code  
            Section 50783).

          9)Specifies that loans provided to resident organizations for  
            the purpose of financing conversion costs shall be for the  
            minimum amount necessary to enable a resident organization to  
            acquire and convert the mobilehome park (Health and Safety  
            Code Section 50783). 

           FISCAL EFFECT  :   None

           COMMENTS  :   

          The Mobilehome Park Resident Ownership Program (MPROP) was  
          created in 1984 to provide low-interest loans to finance the  
          conversion of mobilehome parks to resident ownership and ensure  
          that low-income residents' housing costs remained at an  
          affordable level after conversion. The program is funded through  
          a $5 fee that certain mobilehome owners pay along with their  
          annual registration fee, as well as through loan repayment.  
          There is currently about $23 million in the MPROP fund. 

          New loan activity under MPROP has been slow in recent years,  
          with only a handful of loans made since 2007. The program had no  
          successful applications in either 2010 or 2012. HCD points to  
          the increasing cost and complexity of park conversions as two of  
          the primary reasons for the reduction in the number of  
          successful applications. 

          AB 692 expands the MPROP program to allow loans to non-profits  
          and local governments to purchase and rehabilitate parks that  
          have persistent health and safety problems without converting  
          the parks to resident ownership. Loans would be subject to the  
          same conditions that apply to conversion loans, including  
          ensuring that rents remain affordable to low-income residents. 

          There are many mobilehome parks in the state, primarily serving  
          low-income residents, that have persistent issues with  
          substandard infrastructure and a long history of health and  
          safety code violations. Currently, the only way to use MPROP  








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          funds to rehabilitate these parks to improve the living  
          conditions is to also convert the park to resident ownership.  
          However, the complexity and cost of the conversion step can  
          render the project infeasible. In addition, there may not be  
          support among residents for converting because the residents are  
          not in a financial position to purchase their individual lots  
          anyway. In these cases, MPROP can provide the funds necessary to  
          get the park into the hands of an operator who will rehabilitate  
          and maintain it while keeping rents affordable to low-income  
          residents.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          Golden State Manufactured Home Owners League

           Opposition 
           
          None on file
           
          Analysis Prepared by  :    Anya Lawler / H. & C.D. / (916)  
          319-2085