BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 587


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          Date of Hearing:  April 28, 2015


                           ASSEMBLY COMMITTEE ON JUDICIARY


                                  Mark Stone, Chair


          AB 587  
          (Chau) - As Amended March 26, 2015


                              As Proposed to be Amended


          SUBJECT:  MOBILEHOMES:  REGISTRATION REQUIREMENTS:  EVICTION


          KEY ISSUES:  


          1)TO ENCOURAGE MOBILEHOME PARK RESIDENTS TO CORRECT INACCURATE  
            TITLES ON THEIR HOMES BY TAKING ADVANTAGE OF A PROPOSED  
            THREE-YEAR TAX ABATEMENT PROGRAM, SHOULD THERE BE A  
            SIMULTANEOUS THREE-YEAR MORATORIUM ON EVICTIONS BASED ON  
            NONCOMPLIANCE WITH THE TITLE REQUIREMENT WITH WHICH THE  
            RESIDENT SEEKS TO COMPLY?


          2)SHOULD IT ALSO BE CLARIFIED THAT, FOR THE DURATION OF THE TAX  
            ABATEMENT PROGRAM, IT IS NOT UNLAWFUL FOR THE MOBILEHOME PARK  
            OWNER TO ALLOW A PARK RESIDENT LIVING IN A MOBILE HOME WITH AN  
            INACCURATE TITLE CONTINUE TO OCCUPY A MOBILEHOME IN THE PARK  
            WHILE HE OR SHE SEEKS TO CORRECT THE TITLE THROUGH THE  
            PROGRAM?


                                      SYNOPSIS








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          This bill, co-sponsored by Western Center on Law & Poverty  
          (WCLP), California Rural Legal Assistance Foundation (CRLAF),  
          and the Golden State Manufactured Homes Owners League, seeks to  
          address problems stemming from years when manufactured homes and  
          mobile homes were transferred without proper paperwork being  
          filed with the Department of Housing and Community Development  
          to transfer title into the new owner's name.  According to the  
          proponents, lack of knowledge about the law is often the reason,  
          but that the result is that unpaid taxes and fees accumulate on  
          these homes and cloud the homeowner's title.  A homeowner who  
          wishes to come into compliance with the law and put title in his  
          or her name would in most cases, the co-sponsors assert, be  
          forced to pay off the prior owner's past due taxes and fees-a  
          huge disincentive to clarifying the title.  Without title in  
          their name, they contend, existing law effectively prohibits the  
          homeowner from being able to properly transfer the home or get  
          repairs made, and may even expose them to eviction under  
          provisions barring the occupancy of mobilehomes that do not  
          conform to HCD registration requirements.


          To address this problem, the bill establishes a tax abatement  
          program until 2019, allowing mobilehome owners to bring their  
          title into compliance without having to pay past due taxes and  
          fees on the home, often accrued by a previous owner.  The  
          Assembly Housing and Community Development Committee analyzed  
          the bill generally and the tax abatement program specifically,  
          and approved this bill by a unanimous 7-0 vote prior to its  
          referral to Assembly Judiciary.  With respect to the eviction  
          protections in the bill, Committee staff finds that the  
          objectives of the abatement pilot program would be stymied if  
          program applicants were essentially inviting potential eviction  
          by applying to use the program to bring their title into  
          compliance with the law.  To encourage owners to come forward,  
          the bill creates a temporary moratorium, coinciding with the  
          abatement program, on evictions that are based on lack of  
          accurate title, as long as the park resident has applied for the  








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          abatement program and completes the title transfer within a  
          specified time.  County tax collectors, however, oppose the bill  
          unless amended to eliminate any abatement of taxes.  They  
          contend that by removing a county's ability to enforce tax  
          collection on taxes in arrears and assess penalties and  
          interest, the bill would eliminate the fiscal incentive to pay  
          taxes in a timely manner, and instead would establish a  
          financial incentive not to pay taxes in a timely manner.  If the  
          bill were to become law, opponents assert that it would result  
          in millions of dollars of unpaid taxes and fees being denied to  
          local governments who would lose their ability to collect these  
          funds.  Should this bill pass, it will be referred to the  
          Assembly Appropriations Committee.


          SUMMARY:  Establishes a tax abatement program, until 2019, that  
          allows a mobilehome owner under certain conditions to correct  
          inaccurate title to the home without having to pay delinquent  
          taxes and fees on the home, and protects program applicants from  
          being evicted by park management on the basis of noncompliance  
          with the title requirements that the applicant seeks to address.  
           Specifically, this bill:   


          1)Creates a tax abatement program for mobilehome owners meeting  
            the following requirements:


             a)   The applicant applies for the abatement program with the  
               Department of Housing and Community Development (HCD) prior  
               to December 31, 2018;


             b)   The applicant is not currently the registered owner;


             c)   The applicant provides satisfactory documentation  
               demonstrating the date of acquisition of title or interest  
               in the mobilehome; 








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             d)   The applicant pays any charges assessed by HCD during  
               the period between the time the applicant took title or  
               interest or December 31, 2014, whichever is later, and the  
               time the applicant applies for the abatement program;


             e)   If the applicant's mobilehome is on the local property  
               tax (LPT) system, the applicant must pay the taxes  
               reasonably owed from the date of sale of the mobilehome,  
               without penalties or interest, but not to exceed the  
               amounts attributable one year prior to January 1, 2016; and


             f)   The applicant is in compliance with other registration  
               and titling requirements not related to nonpayment or late  
               payment of the HCD charges related to registration and  
               titling.


          2)Provides that, if the applicant meets the requirements of the  
            abatement program, HCD must release any lien related to those  
            charges, issue a duplicate or new certificate of title or  
            registration card, and amend the title record of the  
            mobilehome.


          3)Provides that HCD may establish a long-term payment program of  
            up to five years, and may take out a lien in favor of the  
            state in the amount owing which must be paid in full if the  
            mobilehome is later transferred. 


          4)Provides that, if the applicant is eligible for the abatement  
            program and the mobilehome is subject to LPT, HCD must issue a  
            conditional transfer of title.










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          5)Prohibits eviction from a mobilehome park for nonconformance  
            with the registration and titling requirements of state law  
            when an application for the abatement program is filed prior  
            to January 1, 2019, and title is transferred within one year  
            of the filing date.


          6)Provides that a park owner may allow a resident not in  
            compliance with HCD registration requirements to occupy a  
            mobilehome if the resident applies for the abatement program  
            prior to January 1, 2019, and title is transferred within one  
            year of the filing date.


          7)Requires a county tax collector to issue a tax liability  
            certificate to a person with a conditional transfer of title  
            who applies for the certificate prior to January 1, 2019 and  
            pays the reduced taxes under the abatement program. 


          8)Provides that upon issuance of a tax liability certificate,  
            the applicant must be listed as the owner of record for all  
            local property tax purposes and the home is not subject to  
            lien or seizure based on any taxes abated pursuant to the  
            program.


          9)Provides that the abatement program does not relieve any owner  
            other than the applicant from tax liability, including  
            penalties and interest, arising from nonpayment prior to the  
            date of sale to the applicant, or prohibit a county tax  
            collector from collecting delinquent taxes, penalties, or  
            interest due prior to the date of sale, from any owner other  
            than the applicant.


          EXISTING LAW:   










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          1)Authorizes the management of a mobilehome park to terminate a  
            tenancy for failure of the homeowner or resident to comply  
            with a local ordinance or state law or regulation relating to  
            mobilehomes within a reasonable time after the homeowner  
            receives a notice of noncompliance from the appropriate  
            governmental agency.  (Civil Code Section 798.56.)


          2)Prohibits any person to use or cause, or permit to be used for  
            occupancy, a mobilehome that does not conform to HCD's  
            registration requirements.  (Health and Safety Code Section  
            18550(c).)


          3)Subjects mobilehomes sold as new prior to July 1, 1980, to a  
            vehicle license registration fee (VLF) and requires annual  
            payment to HCD.  (Health and Safety Code Sections  
            18115-18116.)


          4)Provides that HCD must transfer a mobilehome which is subject  
            to VLF to LPT upon a request for the transfer from the owner.   
            (Health and Safety Code Section 18119.)


          5)Provides that nonpayment of VLF constitutes a lien on the  
            mobilehome, and prohibits HCD from issuing a duplicate or new  
            certificate of title or registration card or amending the  
            permanent title record of the mobilehome that is the subject  
            of that lien.  (Health and Safety Code Section 18116.1.)


          6)Provides that mobilehomes not subject to the VLF are subject  
            to LPT, and requires HCD to withhold amending the title of any  
            mobilehome subject to LPT until the applicant presents a tax  
            clearance certificate (TCC) or conditional tax clearance  
            certificate issued by the county tax collector.  (Health and  
            Safety Code Section 18092.7.)









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          7)Requires the county tax collector to issue a TCC to a  
            mobilehome owner if specified requirements are met.  (Revenue  
            and Taxation Code Section 5832.)


          8)Provides that a TCC may indicate that no LPT is due or is  
            likely to become due, or that any applicable LPT has been paid  
            or will be paid in a manner not requiring the withholding of  
            registration or the transfer of registration.  (Revenue and  
            Taxation Code Section 5832.)


          9)Provides that LPT on unsecured property, including  
            mobilehomes, are transferred from the secured roll to the  
            unsecured roll of the corresponding year by the county  
            auditor, and are collected in the same manner as other  
            delinquent taxes on the unsecured roll.  (Revenue and Taxation  
            Code Section 2921.5.)


          FISCAL EFFECT:  As currently in print this bill is keyed fiscal.


          COMMENTS:  This bill, co-sponsored by Western Center on Law &  
          Poverty (WCLP), California Rural Legal Assistance Foundation  
          (CRLAF), and the Golden State Manufactured Homes Owners League,  
          seeks to address a confounding problem that has affected mobile  
          home owners and mobilehome park owners for over 30 years.   
          According to the author:


              There are thousands, perhaps tens of thousands, of  
              homeowners who believe they own their homes but never had  
              title properly transferred to them.  Mobilehomes are  
              regularly sold on a somewhat informal basis.  For example,  
              a buyer pays cash for the home, obtains a bill of sale,  
              and takes possession of the property.  The problem arises  
              when the buyer subsequently tries to transfer title into  








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              his or her name and discovers that the previous owner fell  
              behind on their tax bill.  


              Mobilehomes that were purchased after July 1980 are  
              generally subject to local property taxes (LPT).  Homes  
              that were purchased new prior to July 1980 are not subject  
              to LPT, but rather treated as vehicles and subject to an  
              "in lieu" vehicle license registration fee paid annually  
              to HCD.  To transfer title of a mobilehome, an owner on  
              the LPT system must first obtain a Tax Clearance  
              Certificate from the County Tax Collector, (whereas) if  
              the mobilehome is on the "in-lieu" system, past due fees  
              must be paid to HCD prior to transfer of title.


              In either case, if the buyer is unable to pay the past due  
              tax bill, then the title cannot transfer.  As a result,  
              some buyers are in a situation where they paid for their  
              home but have no meaningful proof of ownership, which can  
              cause a host of other issues such as the inability to  
              legally make repairs to the home.


              This bill establishes a tax abatement program for  
              mobilehome owners who are unable to transfer title of  
              their homes into their names due to tax delinquencies that  
              may have been incurred by prior owners.  The abatement  
              program would run for three years, starting in January  
              2016.  Eligible homeowners would apply for the abatement  
              program with HCD.  If a mobilehome is on the local  
              property tax system, then the County Tax Collector would  
              also be involved in processing and approving the tax  
              abatement.  


          Background on title and registration of mobilehomes.  HCD is  
          responsible for the titling and registration of mobilehomes.   
          Homes that were purchased new prior to July 1, 1980 were treated  








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          as vehicles and not subject to LPT, but rather to an "in lieu"  
          vehicle license fee (VLF) paid annually to HCD.  Mobilehomes  
          that were purchased after July 1, 1980 are generally subject to  
          LPT.  Homeowners have the option to voluntarily transfer their  
          homes from the VLF system to the LPT system, but not vice-versa.  
           


          Prior to transferring title of a mobilehome, a buyer of a home  
          on the LPT system must obtain a Tax Clearance Certificate (TCC)  
          from the county tax collector indicating that all property taxes  
          have been paid.  Similarly, if the mobilehome is on the VLF  
          system, all past due fees and penalties must be paid to HCD  
          prior to transfer of title, as well as a use tax.  Regardless of  
          whether a mobilehome is on the VLF or LPT system, delinquent  
          fees or taxes prevent HCD from amending the title of that home  
          under existing law.  If a buyer cannot pay, and the seller will  
          not pay or cannot be located, the buyer is left without legal  
          proof of ownership of the home, and HCD, the county tax  
          collector, and the county tax assessor may not have up-to-date  
          ownership information for the home.  


          Nonconformance with HCD's titling and registration requirements  
          can cause a number of problems for mobilehome owners, including  
          preventing them from legally making repairs to the home,  
          insuring the home, and from transferring ownership of the home  
          to another party.  As discussed below, simple nonconformance may  
          also subject the homeowner to eviction from the park under  
          existing law.


          Description of proposed three-year tax abatement program.   
          According to the author, because of the sometimes informal  
          nature of mobilehome sales, buyers and sellers may not be aware  
          that delinquent taxes and fees prevent title from transferring.   
          Sellers may not even be aware that a delinquency exists because  
          of, for example, limited notification requirements for VLF  
          delinquencies, or outdated ownership information at the county  








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          or state level.  In these situations, a buyer may only become  
          aware of the delinquency when he or she tries to transfer title  
          at HCD.  If a seller does not pay the delinquent fees or taxes  
          and associated penalties, and the buyer cannot pay them but has  
          already purchased the mobilehome, they are left with few options  
          other than to keep the home with an outdated title. 


          The three-year abatement program proposed by this bill would  
          reduce past due taxes and fees by capping the amount owed and  
          waiving penalties and interest.  According to the author, this  
          encourages homeowners with outdated title to come forward and  
          apply to transfer title into their names, thereby updating state  
          and county records to ensure accurate VLF and LPT billing in the  
          future. 


          Applicants for the abatement program would first be required to  
          prove ownership to the satisfaction of HCD and, upon payment of  
          any reduced charges assessed by HCD, or entry into a payment  
          plan, title would transfer for homes on the VLF system.  For  
          homes on the LPT system, HCD would issue an applicant a  
          "conditional title" which the applicant would then bring to  
          their local county tax collector.  Once the applicant pays the  
          reduced LPT due under the abatement program, the tax collector  
          would update their property tax records and issue a tax  
          liability certificate, which would perfect the transfer of title  
          once filed with HCD.  The abatement program does not relieve any  
          owner other than the applicant from tax liability arising from  
          nonpayment prior to the date of sale to the applicant, so a  
          county tax collector would still have the ability to collect  
          these amounts, including fees and penalties, from any owner  
          other than the applicant.


          Temporary moratorium on evictions to further objectives.  Health  
          and Safety Code Section 18550 prohibits a person from using or  
          occupying a mobilehome that does not conform to HCD's  
          registration requirements, and similarly prohibits a mobilehome  








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          park from permitting nonconforming homes from being used or  
          occupied.  For a tenant of a mobilehome park, this is  
          particularly problematic because nonconformance with HCD  
          registration requirements could serve as the basis of an  
          eviction from a mobilehome park under Civil Code Section  
          798.56(a), which authorizes termination of a tenancy by park  
          management for failure to comply with "any state law or  
          regulation relating to mobilehomes" within a reasonable time  
          after receiving notice of noncompliance.


          As previously discussed, the number of mobilehomes in California  
          with potential title registration problems is likely in the  
          thousands, or even tens of thousands.  The objectives of the  
          pilot abatement program proposed here would be stymied if  
          program applicants were essentially inviting potential eviction  
          against them by virtue of coming forward to use the program to  
          address nonconformance of title.  To further encourage owners to  
          come forward, the bill sensibly creates a temporary moratorium,  
          coinciding with the abatement program, on evictions that are  
          based on lack of accurate title, as long as the park resident  
          has applied for the abatement program and completes the title  
          transfer within a specified time.


          Author's technical amendments to clarify moratorium period.   
          Proposed amendments to the bill address a technical oversight in  
          language relating to the temporary moratorium on eviction.   
          Section 1 of the bill prohibits eviction based on nonconformance  
          with registration requirements prior to Jan 1, 2017 (in order to  
          provide an initial opportunity and incentive to apply), and then  
          also with respect to the period prior to Jan 1, 2019, provided  
          the resident has applied for the abatement program.  Similarly,  
          Section 4 of the bill provides that it is not unlawful for a  
          mobilehome park to allow someone to occupy a home without proper  
          title prior to Jan 1, 2019, provided they have applied for the  
          abatement program; however, this provision fails to also include  
          the initial one-year moratorium from January 1, 2016 to January  
          1, 2017 that is intended to provide an initial opportunity and  








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          incentive to apply.  The proposed amendment to eliminate this  
          inconsistency is:


          On Page 7, strike lines 13 to 19 inclusive, and insert:


               (2) Nonconformance is not a basis for eviction from a  
               mobilehome park of a person claiming to be an owner of  
               a manufactured home or mobilehome in either of the  
               following situations:

                  (a)          Prior to January 1, 2017.


                  (b) If the person files an application to transfer  
                  title pursuant to Article 4 (commencing with Section  
                  18098) of Chapter 8 of Part 2 of Division 13 or  
                  subdivision (d) of Section 18116.1 prior to January  
                  1, 2019, and completes the application within one  
                  year of the filing date.
          In addition, the author proposes to make the following two  
          technical amendments:


               On page 5, line 31, strike "title or interest" and insert  
               "ownership interest"


               On page 5, lines 34-35, strike "title or interest" and  
               insert "ownership interest"


          ARGUMENTS IN SUPPORT:  The bill is supported by advocates for  
          mobilehome owners as well as many homeowners' associations.   
          Among others, the Educational Community for Homeowners (ECHO),  
          representing more than 1,300 homeowner associations that  
          comprise its membership, states in support:  "AB 587 provides a  
          fair and commonsense approach to ensure that mobilehome owners  








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          are not caught in an untenable position due to the liabilities  
          of a previous owner, and ensures that they will not be evicted  
          from their mobilehome park due to lack of compliance with local  
          or state laws, but rather be allowed to remain in their home."


          Western Center notes that, in addition to attempting to unravel  
          problems caused by years of bad registration practices, the bill  
          "provides the framework for ensuring in the future that state  
          and local government has procedures in place to ensure that  
          title is properly transferred when a home is sold. . . and that  
                                   they can collect fees and taxes and ensure their records are  
          accurate and up-to-date." 


          ARGUMENTS IN OPPOSITION:  The California Association of County  
          Treasurers and Tax Collectors (CACTTC) oppose this bill unless  
          amended to eliminate any abatement of taxes-the central feature  
          of the bill.  CACTTC contends that by removing a county's  
          ability to enforce tax collection on taxes in arrears and assess  
          penalties and interest, the bill would "eviscerate the fiscal  
          incentive to pay taxes in a timely manner" and would "establish  
          a financial incentive not to pay timely because the statute  
          would provide an inexpensive way to pay taxes eventually and  
          without penalty."  CACTTC disputes the premise of the bill that  
          many people purchasing a mobilehome do not realize the necessary  
          steps that must be taken to properly transfer title and  
          ownership of the home.  Instead, they contend that most buyers  
          and seller do understand there is a role for the state and local  
          agencies in these transactions, and that as a result, "there are  
          far too many taxpayers who may game this proposed statute . . .  
          An amnesty program will ultimately reward people who knowingly  
          or unknowingly ignore existing law.  Tax collectors cannot abide  
          that." 


          In addition, CACTTC objects to the large financial losses that,  
          it asserts, counties would incur if this bill were to become  
          law.  They state:








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               If the majority of mobilehome owners avail themselves  
               of the program established under this bill, it could  
               translate to millions of dollars in loss to the county.  
                Of the 26 counties that have responded to our survey  
               regarding mobile homes that are in arrears and what  
               those amounts are, the total is 26,318 mobile homes,  
               totaling nearly $17 million in taxes owed.  The  
               financial losses, coupled with the increased workload  
               to implement the payment plan program proposed would be  
               financially crippling to county departments that do not  
               have any way to recover those costs. [This bill] would  
               bar the counties from being able to seek reimbursement  
               through the mandate process for these costs-both to  
               implement the mandated program and to recover the lost  
               property tax dollars.  That is an incredible burden to  
               place on counties.


          Pending related legislation.  AB 999 (Daly) seeks to establish  
          due process requirements for mobilehome park owners to dispose  
          of an abandoned mobilehome without first being required to pay  
          any unpaid property taxes on the mobilehome.  This bill is  
          currently in Assembly Housing and Community Development  
          Committee.


          REGISTERED SUPPORT / OPPOSITION:




          Support


          Western Center on Law and Poverty (co-sponsor)










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          California Rural Legal Assistance Foundation (co-sponsor)


          Golden State Manufactured-Home Owners League (GSMOL)  
          (co-sponsor)


          Cabrillo Wetland Village HOA, Inc.


          Educational Community for Homeowners (ECHO)


          Fountain Valley Estates Homeowners Association


          GSMOL, Chapter 1128, Ramona, CA


          Los Casas Homeowner's Association


          Northern Santa Barbara County Manufactured Homeowners Team


          Orcutt Ranch Home Owners Association (ORHOA)


          Ranch Club Homeowners Association


          San Joaquin Village Mobile Park Homeowners Association


          San Louis Obispo Mobilehome Residents Assistance Panel (SLOMAP)


          San Marcos Mobilehome Residents Association (SMMRA)









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          Santa Cruz County Manufactured/Mobile Homeowners Association  
          (SCCMMHA)


          Sea Oak Mobilehome Park Homeowners Association


          Sierra Homeowners Association


          Numerous individuals




          Oppose (Unless Amended)


          California Association of County Treasurers and Tax Collectors




          Analysis Prepared by:Anthony Lew / JUD. / (916) 319-2334