BILL NUMBER: SB 510 CHAPTERED
BILL TEXT
CHAPTER 373
FILED WITH SECRETARY OF STATE SEPTEMBER 26, 2013
APPROVED BY GOVERNOR SEPTEMBER 26, 2013
PASSED THE SENATE SEPTEMBER 10, 2013
PASSED THE ASSEMBLY SEPTEMBER 3, 2013
AMENDED IN ASSEMBLY AUGUST 19, 2013
AMENDED IN SENATE APRIL 30, 2013
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, 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 a legislative body or advisory agency that is
authorized to approve, conditionally approve, or disapprove the map.
This bill would specify that the results of the survey are to be
considered by the local agency in making its decision to approve,
conditionally approve, or disapprove the map. The bill would
authorize the local agency 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. The bill would authorize local
legislative bodies to, by ordinance or resolution, implement the
survey requirements.
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.