SB 510, as amended, 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 conversionbegin delete, including the requirement thatend deletebegin insert. In this regard, existing law requires thatend insert the subdivider obtain a survey of support of residents of the mobilehome park for the proposed conversion,begin delete the requirementend delete that the results of the survey be submitted to the local agency for consideration, as specified,
andbegin delete the requirementend delete 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 maybegin delete enact local regulations toend deletebegin insert, by ordinance or resolution,end insert 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
P3 1considered in the agency’s decision as to whether to approve,
2conditionally approve, or disapprove the map, and the agency may
3disapprove the map if it finds that the results of the survey have
4not demonstrated the support of at least a majority of the park’s
5homeowners.
6(6) Local legislative bodies maybegin delete enact local regulations toend deletebegin insert,
by
7ordinance or resolution, end insert implement the requirements of this
8subdivision.
9(e) The subdivider shall be subject to a hearing by a legislative
10body or advisory agency, which is authorized by local ordinance
11to approve, conditionally approve, or disapprove the map. The
12scope of the hearing shall be limited to the issue of compliance
13with this section.
14(f) The subdivider shall be required to avoid the economic
15displacement of all nonpurchasing residents in accordance with
16the following:
17(1) As to nonpurchasing residents who are not lower income
18households, as defined in Section 50079.5 of the Health and Safety
19Code, the monthly rent, including any applicable fees or charges
20for use of any
preconversion amenities, may increase from the
21preconversion rent to market levels, as defined in an appraisal
22conducted in accordance with nationally recognized professional
23appraisal standards, in equal annual increases over a four-year
24period.
25(2) As to nonpurchasing residents who are lower income
26households, as defined in Section 50079.5 of the Health and Safety
27Code, the monthly rent, including any applicable fees or charges
28for use of any preconversion amenities, may increase from the
29preconversion rent by an amount equal to the average monthly
30increase in rent in the four years immediately preceding the
31conversion, except that in no event shall the monthly rent be
32increased by an amount greater than the average monthly
33percentage increase in the Consumer Price Index for the most
34recently reported
period.
(a) The Legislature finds and declares that the
36amendments to Section 66427.5 of the Government Code made
37by this act do not constitute a change in, but rather are declaratory
38of, existing law.
39(b) It is the intent of the Legislature to clarify that the legislative
40intent underpinning paragraphs (1) and (5) of subdivision (d) of
P4 1Section 66427.5 of the Government Code has been, and continues
2to be, to require a local agency to consider, in making the decision
3to approve, conditionally approve, or disapprove the tentative or
4parcel map, the level of resident support for the proposed
5conversion,
and that those provisions authorize the agency, at its
6discretion, to disapprove the map if it finds that the results of the
7survey have not demonstrated the support of at least a majority of
8a park’s homeowners.
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