BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 587


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          587 (Chau)


          As Amended  August 15, 2016


          2/3 vote


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          |ASSEMBLY:  |78-0  |(June 1, 2016) |SENATE: |35-3  |(August 22,      |
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          Original Committee Reference:  H. & C.D.




          SUMMARY:  Creates a tax abatement program for mobilehome owners  
          who cannot transfer title into their names due to delinquent  
          taxes and fees that may have been incurred by prior owners.   
          Specifically, this bill: 


          1)Creates an abatement process for mobilehome owners if the  
            following requirements are met:


             a)   The applicant is not currently the registered owner.


             b)   The applicant provides documentation demonstrating  
               ownership and the date of acquisition of ownership  
               interest, to the Department of Housing and Community  








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               Development's (HCD) satisfaction.


             c)   The application is made prior to December 31, 2019.


             d)   The applicant pays any charges assessed by HCD during  
               the period between the times the applicant took ownership  
               interest or December 31, 2015, whichever is later, and the  
               time the applicant applies for relief.


             e)   Any lien under the Property Tax Postponement program has  
               been satisfied.


             f)   The applicant has not previously filed for relief under  
               the abatement program. 


          2)Requires HCD to waive the outstanding charges, fees, or  
            penalties, amend the title record, and issue a duplicate,  
            substitute, or new certificate of title, registration card, or  
            copy of a registration card, if the applicant meets the  
            requirements of the abatement program and is subject to the  
            vehicle license registration fee (VLF).  


          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 after the applicant takes ownership,  
            which must be paid in full if the mobilehome is later  
            transferred.  Failure to make payments required by the plan is  
            a violation of the program and HCD may suspend, revoke, or  
            cancel the certificate of title.  


          4)Provides that, if the applicant is eligible for the abatement  
            program and the mobilehome is subject to the local property  
            tax (LPT), HCD must issue a conditional transfer of title.   
            Requires HCD to amend the title record and issue a duplicate,  
            substitute, or new certificate of title if the applicant  








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            presents a completed tax liability certificate and meets the  
            requirement of the abatement program. 


          5)Requires a county tax collector to issue a tax liability or  
            tax clearance certificate to a person with a conditional  
            transfer of title who applies for the certificate prior to  
            January 1, 2020, and pays the reduced taxes under the  
            abatement program.  The reduced taxes include those reasonably  
            owed from the date of sale as shown on the conditional  
            transfer of title without penalties or interest, and not to  
            exceed the amounts attributable one year prior to January 1,  
            2017.  Upon the issuance of a tax liability certificate, the  
            applicant shall be listed as the owner of record for all LPT  
            tax purposes and the home shall not be subject to lien or  
            seizure based on any taxes abated pursuant to this program.


          6)Provides that the abatement program does not relieve any owner  
            other than the applicant from tax liability, including  
            penalties and interest, arising from the non-payment prior to  
            the date of sale and does not 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.


          7)Provides that on or after January 1, 2020, it is unlawful for  
            any person to use, cause, or permit to be used for occupancy,  
            any mobilehome, wherever the mobilehome is located, that does  
            not conform to HCDs registration requirements, provided that  
            HCD has given notice to the occupant of the registration  
            requirements and any registration fees due. 


          8)Amends the Management Notice to All Homeowners in the  
            following ways:  adds that when a mobilehome is sold, the  
            owner is required to transfer the title to the buyer; adds  
            that in California, mobilehome owners must pay annual property  
            tax to the county tax collector or an annual fee in lieu of  
            taxes to HCD; and adds that information on registration,  
            titling, and taxes can be found at HCD, with the county tax  








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            collector, or by calling the local county government. 


          9)Provides that the Legislature finds and declares that the  
            abatement of taxes, penalties, and interest incurred prior to  
            the date of sale of a mobilehome or manufactured home to an  
            applicant serves a public purpose and does not constitute a  
            gift of public funds.


          10)States that if the Commission on State Mandates determines  
            that the bill contains costs mandated by the state,  
            reimbursement for those costs shall be made.


          11)Provides that no appropriation is made and the state shall  
            not reimburse local agencies for property tax revenues lost by  
            them pursuant to the bill.


          The Senate amendments:


          1)Amend the Management Notice to All Homeowners in the following  
            ways:  adds that when a mobilehome is sold, the owner is  
            required to transfer the title to the buyer; adds that in  
            California, mobilehome owners must pay annual property tax to  
            the county tax collector or an annual fee in lieu of taxes to  
            HCD; and adds that information on registration, titling, and  
            taxes can be found at HCD, with the county tax collector, or  
            by calling the local county government. 


          2)Provide that on or after January 1, 2020, it is unlawful for  
            any person to use, cause, or permit to be used for occupancy,  
            any mobilehome, wherever the mobilehome is located, that does  
            not conform to HCD's registration requirements, provided that  
            HCD has given notice to the occupant of the registration  
            requirements and any registration fees due. 


          3)Delete the provision that prohibited eviction from a  








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            mobilehome park for nonconformance with the registration and  
            titling requirements of state law when an application for the  
            abatement program is filed before January 1, 2019, and the  
            nonconformance occurred prior to January 1, 2017.


          4)Make several technical, clarifying changes.


          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee:  


          1)HCD administrative costs of approximately $360,000 annually  
            for three years to process an estimated 10,000 titling and  
            registration applications each year for the duration of the  
            program.  These costs would likely be offset by application  
            fee revenues.  (Mobilehome-Manufactured Home Revolving Fund)


          2)Unknown, potentially significant, foregone state revenues a  
            result of the requirement that HCD waive specified past due  
            charges, fees, and penalties if an applicant meets specified  
            requirements.  This impact would be partially mitigated to the  
            extent a portion of these revenues would have otherwise  
            remained uncollected in the absence of the abatement program.   
            (General Fund, various mobilehome-related special funds)  


          3)Unknown significant foregone property tax revenues as a result  
            of the specified limit on the amount of delinquent taxes that  
            an applicant would pay to the county tax collector in exchange  
            for a tax clearance or liability certificate.  This impact  
            would be partially mitigated to the extent a portion of these  
            revenues would have otherwise remained uncollected in the  
            absence of the abatement program.  Senate Appropriations staff  
            notes that any impacts to the K-14 school share of the  
            property tax revenues are generally backfilled by the State  
            General Fund.  (General Fund, local funds)  


          4)Unknown foregone local revenues as a result of the requirement  








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            that county tax collectors waive all property tax penalties  
            and interest that would otherwise be owed by eligible  
            participants in the abatement program.  (local funds)


          5)Unknown reimbursable state-mandated local costs for county tax  
            collectors to establish administrative procedures and issue  
            tax clearance or liability certificates to eligible  
            participants in the abatement program.  (General Fund)


          COMMENTS:  Background:  HCD is responsible for the titling and  
          registration of mobilehomes.  Homes that were purchased new  
          prior to July 1, 1980 were treated as vehicles and not subject  
          to LPT, but rather to an "in lieu" 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.   
          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 requirements can cause  
          a number of issues.  It could be the basis of an eviction from a  
          mobilehome park, as parks are prohibited from allowing homes  
          that do not conform to HCD's registration requirements in a  
          park.  It also prevents owners from legally making repairs to  
          the home, insuring the home, and from transferring ownership of  
          the home to another party.










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          Purpose of this bill:  According to the author, the problem that  
          this bill seeks to address has been festering for over 30 years.  
           There are thousands, perhaps tens of thousands, of homeowners  
          who believe they own their homes, but never had title properly  
          transferred to them.  The author contends that "[m]obilehomes  
          are an important source of affordable housing statewide, and  
          these homes 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 his or  
          her name and discovers that the previous owner fell behind on  
          their tax bill.  If the buyer is unable to pay, 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 creates an abatement program to address the situation  
          where a buyer has already purchased a mobilehome, but is unable  
          to transfer title into his or her name due to delinquent fees or  
          taxes.  Nonpayment of VLF constitutes a lien on the mobilehome  
          in favor of the state.  Nonpayment of LPT means the county tax  
          collector may pursue collection of the delinquent LPT in the  
          same manner as other delinquent taxes on the unsecured roll.   
          Both of these scenarios prevent HCD from amending the title into  
          the new owner's name.  If the buyer cannot pay the delinquent  
          charges associated with the home, and the seller does not agree  
          to pay or cannot be located, then the buyer cannot obtain legal  
          ownership.


          Due to 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 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  








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          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 specified past due taxes and fees by capping the amount  
          owed and waiving penalties and interest.  According to the  
          author, this would encourage 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.  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.


          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. 


          Senate amendments delete the provision that expressly prohibited  
          eviction from a mobilehome park for nonconformance with the  
          registration and titling requirements when an application for  
          the abatement program has been filed.  However, the amendments  
          clarify that only after January 1, 2020 will it be unlawful for  
          anyone to use a mobilehome that does not conform to HCD's  
          registration requirements, provided that HCD has provided notice  
          to the occupant of the registration requirements and any  
          registration fees due.  Senate amendments also make several  
          technical changes, and specify additional information, including  
          information on registration, titling, and taxes, that must be  








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          included in a manufactured home park management's notice to  
          homeowners.


          Arguments in opposition:  The California Association of County  
          Treasurers and Tax Collectors (CATTC) oppose this bill unless  
          amended to remove any abatement of taxes, which is the central  
          purpose of the bill.  CATTC disputes that people purchasing  
          mobilehomes in California do not understand the necessary steps  
          to property transfer title and ownership of mobilehomes.  CATTC  
          contends that by removing a county's ability to enforce tax  
          collection on taxes in arrears and assess penalties in interest,  
          this bill would remove the fiscal incentive to pay taxes in a  
          timely manner.  The California State Association of Counties  
          proposes reducing the length of the program to two years,  
          maintaining a level of obligation for taxes owed and their  
          associated penalties and interest, and promoting future  
          compliance for mobilehome owners to remain in good standing for  
          registration and tax obligations. 


          Analysis Prepared by:                                             
                          Rebecca Rabovsky / H. & C.D. / (961) 319-2085     
                                                                  FN:  
          0004352