BILL NUMBER: AB 999	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Daly

                        FEBRUARY 26, 2015

   An act to add Section 798.62 to the Civil Code, relating to
mobilehomes.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 999, as introduced, Daly. Mobilehomes: disposal.
   The Mobilehome Residency Law governs tenancies in mobilehome
parks, including, among other things, imposing various duties on the
owners or managers of mobilehome parks.
   This will would authorize the management of a mobilehome park to
dispose of a mobilehome, as provided, left upon the premises by a
tenant or lienholder under specified circumstances. This bill would
require the landlord, prior to disposing of the mobilehome, to
provide written notice to the tenant and owner, and would require the
notice to contain specified information. This bill would also
require the landlord to provide a copy of the notice to specified
persons, including, among others, a lienholder. This bill would
require the tenant or lienholder to respond to the notice in writing
by a date specified, or to remove the mobilehome within 30 days after
the mailing of the notice. This bill would require the landlord,
after notifying the tenant, to store the abandoned mobilehome and to
exercise reasonable care for the mobilehome. This bill would
authorize the landlord, if the tenant or lienholder responds to the
notice on or before the date specified in the notice, to require
payment of storage charges and costs incidental to storage prior to
allowing the tenant or lienholder onto the premises to remove the
mobilehome. This bill would conclusively presume, if the tenant or
lienholder does not respond to the notice on or before the date
specified in the notice, that the mobilehome is immediately subject
to salvage, demolition, removal, or other abatement, and would
provide that the tenant and any lienholder shall have no further
right, title, or interest to the mobilehome. This bill would also
require the Department of Housing and Community Development to
immediately issue a salvage permit at 1/2 of the amount that would
otherwise be due. This bill would also provide that the landlord is
not responsible for any loss to the tenant or lienholder resulting
from storage, demolition, salvage, or removal of the mobilehome in
compliance with these provisions, and compliance in good faith with
these provisions constitutes a complete defense in any action brought
by a tenant or lienholder against a landlord for loss or damage to a
mobilehome that has been disposed of.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 798.62 is added to the Civil Code, to read:
   798.62.  (a) For purposes of this section, all of the following
definitions shall apply:
   (1) "Current market value" means the amount in cash, as determined
by the county assessor, that could reasonably be expected to be paid
for personal property by an informed buyer to an informed seller,
each acting without compulsion in an arm's-length transaction
occurring on the assessment date for the tax year or on the date of a
subsequent reappraisal by the county assessor.
   (2) "Certified funds" means certified check or money order.
   (3) "Dispose of the mobilehome" means to throw away, dismantle,
salvage, or demolish the mobilehome.
   (4) "Lienholder" means any of the following:
   (A) A legal owner as defined by Section 18005.8 of the Health and
Safety Code.
   (B) A junior lienholder as defined by Section 18005.3 of the
Health and Safety Code.
   (C) The holder of any lien or secured interest provided for in
Section 18116.1 of the Health and Safety Code.
   (5) "Substandard" means substandard as defined in Section 1606 of
Chapter 2 of Division 1 of Title 25 of the Code of Regulations.
   (b) (1) Management may dispose of a mobilehome as provided by this
section.
   (2) This section governs the rights and obligations of landlords,
tenants, and any lienholders in any mobilehome left upon the premises
by the tenant or any lienholder under any of the following
circumstances:
   (A) The tenancy has ended by termination or expiration of a rental
agreement or by relinquishment of the premises and the landlord
reasonably believes that the owner of the mobilehome has left the
mobilehome upon the premises with no intention of asserting any
further claim to the premises.
   (B) The tenant has been absent from the premises continuously for
seven days after termination of a tenancy by a court order that has
not been executed.
   (C) The landlord receives possession of the premises by execution
of a writ of possession on a judgment against the tenant, occupants,
or owner of the mobilehome.
   (D) The mobilehome is either of the following:
   (i) A public or private nuisance, irreparable, substandard or, not
habitable.
   (ii) Has a current market value of fifteen thousand dollars
($15,000) or less and is subject to abatement by salvage or
demolition.
   (c) (1) Prior to disposing of the mobilehome, the landlord shall
provide written notice to the tenant and owner in the following
manner:
   (A) Served by certified mail, return receipt requested, addressed
and mailed to the tenant and owner of the mobilehome at all of the
following:
   (i) The premises where the mobilehome is located.
   (ii) Any postoffice box held by the tenant and actually known to
the landlord.
   (iii) The most recent forwarding address if provided by the tenant
or actually known to the landlord, and all addresses for next of kin
actually known to landlord.
   (B) Posted at the premises.
   (2) The notice required pursuant to paragraph (1) shall state all
of the following:
   (A) The mobilehome left upon the premises is a nuisance and
subject to abatement.
   (B) The mobilehome is stored on the rented space.
   (C) Any lienholder that has a right to claim the mobilehome,
except as provided by this section.
   (D) That the landlord reasonably believes the county assessor will
determine that the current market value of the mobilehome is fifteen
thousand dollars ($15,000) or less, and that the landlord intends to
dispose of the property if the property is not claimed.
   (E) (i) If the tenant or any lienholder fails to respond to the
landlord, in writing, by a date specified, or fails to remove the
mobilehome within 30 days after the mailing of the notice, the
landlord may dispose of the mobilehome.
   (ii) For purposes of this subparagraph, "by a date specified"
means a date not less than 30 days after the mailing of the notice.
   (d) (1) The landlord shall also give a copy of the notice
described in subdivision (c) to all of the following:
   (A) Any lienholder.
   (B) The tax collector of the county where the mobilehome is
located.
   (C) The assessor of the county where the mobilehome is located.
   (2) The copy of the notice required pursuant to paragraph (1)
shall be given by certified mail, return receipt requested.
   (3) A notice to lienholders under subparagraph (A) of paragraph
(1) shall be sent to each lienholder at each of the following
addresses:
   (A) Actually known to the landlord.
   (B) Of record.
   (e) After notifying the tenant as required pursuant to subdivision
(c), both of the following shall apply:
   (1) The landlord shall store the abandoned mobilehome of the
tenant on the rented space and shall exercise reasonable care for the
mobilehome.
   (2) The landlord is entitled to reasonable or actual storage
charges and costs incidental to storage or disposal. The storage
charge may be no greater than the monthly space rent last payable by
the tenant.
   (f) If a tenant or lienholder, upon receipt of the notice provided
by the landlord, responds in writing to the landlord on or before
the date specified in the landlord's notice that the tenant or
lienholder intends to remove the mobilehome from the premises and pay
the storage fees for which they shall then be indebted, the landlord
may require payment of storage charges and costs incidental to
storage prior to allowing the tenant or lienholder onto the premises
to remove the mobilehome. Acceptance by a landlord of this payment
does not operate to create or reinstate a tenancy. Failure to allow
removal absent payment in certified funds shall not constitute an
interference with property or conversion.
   (g) If a tenant or lienholder does not respond on or before the
date specified in the landlord's notice, or the tenant or lienholder
does not remove the mobilehome within 30 days after responding to the
landlord or by a date agreed upon with the landlord, whichever is
later, both of the following shall apply:
   (1) The mobilehome is conclusively presumed to be immediately
subject to salvage, demolition, removal, or other abatement. The
tenant and any lienholder that have been given notice pursuant to
subdivision (c) or (d) shall have no further right, title, or
interest to the mobilehome and may not claim or sell the property.
   (2) The Department of Housing and Community Development shall
immediately issue a salvage permit at one-half of the amount that
would otherwise be due.
   (h) A landlord shall not keep and retitle a mobilehome unless all
applicable liens, including any lien or secured interest provided for
in Section 18116.1 of the Health and Safety Code, have been paid.
   (i) The landlord is not responsible for any loss to the tenant or
lienholder resulting from storage, demolition, salvage, or removal of
the mobilehome in compliance with this section. Compliance in good
faith with this section shall constitute a complete defense in any
action brought by a tenant or lienholder against a landlord for loss
or damage to a mobilehome disposed of pursuant to this section.
   (j) It is the intent of the Legislature to also enact legislation
that would allow the removal of a mobilehome without first requiring
a tax clearance certificate from the county tax collector.