SB 510, as introduced, Jackson. Land use: subdivisions: rental mobilehome park conversion.
The Subdivision Map Act requires a subdivider, at the time of filing a tentative or parcel map for a subdivision to be created from the conversion of a rental mobilehome park to resident ownership, to avoid the economic displacement of all nonpurchasing residents by following specified requirements relating to the conversion, including the requirement that the subdivider obtain a survey of support of residents of the mobilehome park for the proposed conversion, the requirement that the results of the survey be submitted to the local agency for consideration, as specified, and the requirement that the subdivider be subject to a hearing by the legislative body or advisory agency that is authorized to approve, conditionally approve, or disapprove the map.
This bill would provide that the local agency is required to consider the results of the survey in making its decision to approve, conditionally approve, or disapprove the map, and that the agency is authorized to disapprove the map if it finds that the results of the survey have not demonstrated the support of at least a majority of the park’s homeowners. This bill would provide that local legislative bodies may enact local regulations to implement the survey requirements.
This bill would set forth the findings and declarations of the Legislature that the changes made by this act do not constitute a change in, and are declaratory of, existing law, and would state the intent of the Legislature to clarify the intent of certain provisions of the act.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 66427.5 of the Government Code is
2amended to read:
At the time of filing a tentative or parcel map for a
4subdivision to be created from the conversion of a rental
5mobilehome park to resident ownership, the subdivider shall avoid
6the economic displacement of all nonpurchasing residents in the
7following manner:
8(a) The subdivider shall offer each existing tenant an option to
9either purchase his or her condominium or subdivided unit, which
10is to be created by the conversion of the park to resident ownership,
11or to continue residency as a tenant.
12(b) The subdivider shall file a report on the impact of the
13conversion upon residents of the mobilehome park to be converted
14to resident owned
subdivided interest.
15(c) The subdivider shall make a copy of the report available to
16each resident of the mobilehome park at least 15 days prior to the
17hearing on the map by the advisory agency or, if there is no
18advisory agency, by the legislative body.
19(d) (1) The subdivider shall obtain a survey of support of
20residents of the mobilehome park for the proposed conversion.
21(2) The survey of support shall be conducted in accordance with
22an agreement between the subdivider and a resident homeowners’
23association, if any, that is independent of the subdivider or
24mobilehome park owner.
25(3) The survey shall be obtained pursuant to a written ballot.
26(4) The survey shall be
conducted so that each occupied
27mobilehome space has one vote.
28(5) The results of the survey shall be submitted to the local
29agency upon the filing of the tentative or parcel map, to be
30consideredbegin insert in the agency’s decisionend insert asbegin delete partend deletebegin insert to whether to approve,
31conditionally approve, or disapprove the map, and the agency may
32disapprove the map if it finds that the resultsend insert of thebegin delete subdivision begin insert survey have not
33map hearing prescribed by subdivision (e).end delete
P3 1demonstrated the support of at least a majority of the park’s
2homeownersend insertbegin insert.end insert
3(6) Local legislative bodies may enact local regulations to
4implement the requirements of this subdivision.
5(e) The subdivider shall be subject to a hearing by a legislative
6body or advisory agency, which is authorized by local ordinance
7to approve, conditionally approve, or disapprove the map. The
8scope of the hearing shall be limited to the issue of compliance
9with
this section.
10(f) The subdivider shall be required to avoid the economic
11displacement of all nonpurchasing residents in accordance with
12the following:
13(1) As to nonpurchasing residents who are not lower income
14households, as defined in Section 50079.5 of the Health and Safety
15Code, the monthly rent, including any applicable fees or charges
16for use of any preconversion amenities, may increase from the
17preconversion rent to market levels, as defined in an appraisal
18conducted in accordance with nationally recognized professional
19appraisal standards, in equal annual increases over a four-year
20period.
21(2) As to nonpurchasing residents who are lower income
22households, as defined in Section 50079.5 of the Health and Safety
23Code, the monthly rent, including any applicable fees or charges
24for use of any preconversion
amenities, may increase from the
25preconversion rent by an amount equal to the average monthly
26increase in rent in the four years immediately preceding the
27conversion, except that in no event shall the monthly rent be
28increased by an amount greater than the average monthly
29percentage increase in the Consumer Price Index for the most
30recently reported period.
(a) The Legislature finds and declares that the
32amendments to Section 66427.5 of the Government Code made
33by this act do not constitute a change in, but rather are declaratory
34of, existing law.
35(b) It is the intent of the Legislature to clarify that the legislative
36intent underpinning paragraphs (1) and (5) of subdivision (d) of
37Section 66427.5 of the Government Code has been, and continues
38to be, to require a local agency to consider, in making the decision
39to approve, conditionally approve, or disapprove the tentative or
40parcel map, the level of resident support for the proposed
P4 1conversion, and that those provisions authorize the agency, at its
2discretion, to disapprove the
map if it finds that the results of the
3survey have not demonstrated the support of at least a majority of
4a park’s homeowners.
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