BILL NUMBER: AB 2587	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Roger Hernández

                        FEBRUARY 21, 2014

   An act to add Section 798.17.5 to the Civil Code, relating to
mobilehome parks.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2587, as introduced, Roger Hernández. Mobilehome parks: rent
control.
   The Mobilehome Residency Law governs the terms and conditions of
residency in mobilehome parks, and exempts a rental agreement that
satisfies specified criteria from any ordinance, rule, regulation, or
initiative measure adopted by a local governmental entity that
establishes a maximum amount a landlord may charge a tenant for rent.

   This bill would authorize the legislative body of a local
governmental entity to publish a notice of preparation of and prepare
a regional mobilehome park rent survey, as defined, and to consider,
approve, or approve with changes the survey at a public hearing, as
specified. Within 12 months following the approval of the survey, the
bill would authorize the legislative body to limit the base rent
amount for a mobilehome rental agreement meeting certain conditions.
The bill would also authorize interested persons to seek judicial
review of the approved survey or limited base rent amount.
   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 798.17.5 is added to the Civil Code, to read:
   798.17.5.  (a) Notwithstanding Section 798.17, with respect to
mobilehome park rents within its territorial jurisdiction, the
legislative body of a local governmental entity may do all of the
following:
   (1) Publish a notice of preparation of a regional mobilehome park
rent survey in a newspaper of general circulation and mail the notice
by first-class mail to the management of each rental mobilehome park
within its territorial jurisdiction.
   (2) Conduct a survey.
   (3) Publish a notice of public hearing for considering the survey
and hold the public hearing no sooner than 90 days following the
notice of hearing.
   (4) Consider, approve, or approve with changes the information
contained in the survey at the public hearing notice pursuant to
paragraph (3), including the boundaries of the geographically
relevant market area, and any additional information the legislative
body deems appropriate.
   (5) Within 12 months after the approval of the survey, limit the
base rent chargeable under a rental agreement pursuant to subdivision
(c) to an amount lower than the rental rate chargeable under
subdivision (a) of Section 798.17.
   (b) Within 30 days following the approval of the survey, the
legislative body shall mail a notice of its approval of the survey
and the base rent amount as limited under subdivision (a) to the
management of each rental mobilehome park within its jurisdiction.
   (c) The base rent amount limited under subdivision (a) shall apply
to the following:
   (1) The rental of a mobilehome space, whether occupied by a
manufactured home or not, if the rental agreement is not extended and
no new rental agreement in excess of 12 months' duration is entered
into.
   (2) The rental of a mobilehome space if the space is vacant for a
period of 30 days.
   (d) An interested person may seek judicial review of the approved
survey and the limited base rent amount under subdivision (a) as
authorized pursuant to Section 1085 of the Code of Civil Procedure.
   (e) For the purposes of this subdivision, "regional mobilehome
park rent survey" or "survey" means a written survey of rental
mobilehome park rent levels within a geographically relevant market
area that compares and describes the rent levels in mobilehome parks
within the 12 months preceding the publication of the notice of
preparation described in paragraph (1) of subdivision (a). A copy of
the survey shall be available for public inspection within 15 days of
publication of the notice of public hearing described in paragraph
(3) of subdivision (a).