BILL ANALYSIS Ó AB 587 Page 1 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 AB 587 Page 2 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 AB 587 Page 3 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; AB 587 Page 4 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. AB 587 Page 5 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: AB 587 Page 6 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.) AB 587 Page 7 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 AB 587 Page 8 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 AB 587 Page 9 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 AB 587 Page 10 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 AB 587 Page 11 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 AB 587 Page 12 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 AB 587 Page 13 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: AB 587 Page 14 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) AB 587 Page 15 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) AB 587 Page 16 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