Amended in Assembly August 19, 2013

Amended in Senate April 30, 2013

Senate Bill No. 510

Introduced by Senator Jackson

(Coauthors: Assembly Members Alejo and Williams)

February 21, 2013

An act to amend Section 66427.5 of the Government Code, relating to land use.

LEGISLATIVE COUNSEL’S DIGEST

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 conversion. In this regard, existing law requires that the subdivider obtain a survey of support of residents of the mobilehome park for the proposed conversion, that the results of the survey be submitted to the local agency for consideration, as specified, and that the subdivider be subject to a hearing by begin delete the end delete begin insert a end insert legislative body or advisory agency that is authorized to approve, conditionally approve, or disapprove the map.

This bill would begin delete provide that the local agency is required to consider end delete begin insert specify that end insert the results of the survey begin insert are to be considered by the local agency end insert in making its decision to approve, conditionally approve, or disapprove the map begin delete , and that the agency is authorized end delete begin insert . The bill would authorize the local a end insert begin insert gency end insert 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. begin delete This end delete begin insert The end insert begin insert end insert bill would begin delete provide that end delete begin insert authorize end insert local legislative bodies begin delete may end delete begin insert to end insert , by ordinance or resolution, implement the survey requirements.

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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.

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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 66427.5 of the Government Code is
amended to read:

66427.5.  

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, the subdivider shall avoid
the economic displacement of all nonpurchasing residents in the
following manner:

(a) The subdivider shall offer each existing tenant an option to
either purchase his or her condominium or subdivided unit, which
is to be created by the conversion of the park to resident ownership,
or to continue residency as a tenant.

(b) The subdivider shall file a report on the impact of the
conversion upon residents of the mobilehome park to be converted
to resident owned subdivided interest.

(c) The subdivider shall make a copy of the report available to
each resident of the mobilehome park at least 15 days prior to the
hearing on the map by the advisory agency or, if there is no
advisory agency, by the legislative body.

(d) (1) The subdivider shall obtain a survey of support of
residents of the mobilehome park for the proposed conversion.

(2) The survey of support shall be conducted in accordance with
an agreement between the subdivider and a resident homeowners’
association, if any, that is independent of the subdivider or
mobilehome park owner.

(3) The survey shall be obtained pursuant to a written ballot.

(4) The survey shall be conducted so that each occupied
mobilehome space has one vote.

(5) The results of the survey shall be submitted to the local
agency upon the filing of the tentative or parcel map, to be
considered in the agency’s decision as to whether to approve,
conditionally approve, or disapprove the map, and the agency may
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.

(6) Local legislative bodies may, by ordinance or resolution,
implement the requirements of this subdivision.

(e) The subdivider shall be subject to a hearing by a legislative
body or advisory agency, which is authorized by local ordinance
to approve, conditionally approve, or disapprove the map. The
scope of the hearing shall be limited to the issue of compliance
with this section.

(f) The subdivider shall be required to avoid the economic
displacement of all nonpurchasing residents in accordance with
the following:

(1) As to nonpurchasing residents who are not lower income
households, as defined in Section 50079.5 of the Health and Safety
Code, the monthly rent, including any applicable fees or charges
for use of any preconversion amenities, may increase from the
preconversion rent to market levels, as defined in an appraisal
conducted in accordance with nationally recognized professional
appraisal standards, in equal annual increases over a four-year
period.

(2) As to nonpurchasing residents who are lower income
households, as defined in Section 50079.5 of the Health and Safety
Code, the monthly rent, including any applicable fees or charges
for use of any preconversion amenities, may increase from the
preconversion rent by an amount equal to the average monthly
increase in rent in the four years immediately preceding the
conversion, except that in no event shall the monthly rent be
increased by an amount greater than the average monthly
percentage increase in the Consumer Price Index for the most
recently reported period.

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SEC. 2.  

(a) The Legislature finds and declares that the
amendments to Section 66427.5 of the Government Code made
by this act do not constitute a change in, but rather are declaratory
of, existing law.

(b) It is the intent of the Legislature to clarify that the legislative
intent underpinning paragraphs (1) and (5) of subdivision (d) of
Section 66427.5 of the Government Code has been, and continues
to be, to require a local agency to consider, in making the decision
to approve, conditionally approve, or disapprove the tentative or
parcel map, the level of resident support for the proposed
conversion, and that those provisions authorize the agency, at its
discretion, to disapprove the map if it finds that the results of the
survey have not demonstrated the support of at least a majority of
a park’s homeowners.

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