BILL NUMBER: AB 999	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 7, 2015

INTRODUCED BY   Assembly Member Daly

                        FEBRUARY 26, 2015

   An act to  add Section 798.62 to   amend
Section 798.61 of  the Civil Code, relating to mobilehomes.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 999, as amended, Daly.  Mobilehomes: disposal.
  Abandoned mobilehomes: disposal. 
   The Mobilehome Residency Law governs tenancies in mobilehome
parks, including, among other things, imposing various duties on the
 owners or managers   management  of  a
 mobilehome  parks.   park when seeking to
sell an abandoned mobilehome and its contents. Existing law requires
the management, under certain circumstances, to obtain a tax
clearance certificate from the county tax collector of the county in
which the mobilehome is   located when selling an abandoned
mobilehome.  
   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.  
   This bill would amend the Mobilehome Residency Law to authorize a
procedure for the management of a mobilehome park to dispose of an
abandoned mobilehome and to dispose of or sell its contents without
requiring the management to obtain a tax clearance certificate. This
bill would require the management to notify the county tax collector
in the county in which the mobilehome park is located and the
Department of Housing and Community Development of an action to
dispose of an abandoned mobilehome and its contents pursuant to these
provisions. 
   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 798.61 of the   Civil
Code   is amended to read: 
   798.61.  (a) (1) As used in this section, "abandoned mobilehome"
means a mobilehome about which all of the following are true:
   (A) It is located in a mobilehome park on a site for which no rent
has been paid to the management for the preceding 60 days.
   (B) It is unoccupied.
   (C) A reasonable person would believe it to be abandoned.
   (2)  For purposes of   As   used in
 this section:
   (A) "Mobilehome" shall include a trailer coach, as defined in
Section 635 of the Vehicle Code, or a recreational vehicle, as
defined in Section 18010 of the Health and Safety Code, if the
trailer coach or recreational vehicle also satisfies the requirements
of paragraph (1), including being located on any site within a
mobilehome park, even if the site is in a separate designated section
pursuant to Section 18215 of the Health and Safety Code.
   (B) "Abandoned mobilehome" shall include a mobilehome that is
uninhabitable because of its total or partial destruction that cannot
be rehabilitated, if the mobilehome also satisfies the requirements
of paragraph (1). 
   (3) As used in this section, "dispose" or "disposal" shall mean to
remove an abandoned mobilehome from a mobilehome park or park and
destroy it, thus making it unusable for any purpose. 
   (b) After determining a mobilehome in a mobilehome park to be an
abandoned mobilehome, the management shall post a notice of belief of
abandonment on the mobilehome for not less than 30 days, and shall
deposit copies of the notice in the United States mail, postage
prepaid, addressed to the homeowner at the last known address and to
any known registered owner, if different from the homeowner, and to
any known holder of a security interest in the abandoned mobilehome.
This notice shall be mailed by registered or certified mail with a
return receipt requested.
   (c)  (1)    Thirty or more days following
posting pursuant to subdivision (b), the management may file a
petition in the superior court in the county in which the mobilehome
park is located, for a judicial declaration of abandonment of the
mobilehome. A proceeding under this subdivision is a limited civil
case. Copies of the petition shall be served upon the homeowner, any
known registered owner, and any known person having a lien or
security interest of record in the mobilehome by posting a copy on
the mobilehome and mailing copies to those persons at their last
known addresses by registered or certified mail with a return receipt
requested in the United States mail, postage prepaid. 
   (2) To dispose of an abandoned mobilehome, the management shall
also do all of the following:  
   (A) Declare in the petition that the management will dispose of
the abandoned mobilehome, and therefore will not seek a tax clearance
certificate as set forth in Section 5832 of the Revenue and Taxation
Code.  
   (B) Declare in the petition whether the management intends to sell
the contents of the abandoned mobilehome before its disposal. 

   (C) Serve the petition on the county tax collector in the county
in which the mobilehome park is located and the Department of Housing
and Community Development. 
   (d) (1) Hearing on the petition shall be given precedence over
other matters on the court's calendar.
   (2) If, at the hearing, the petitioner shows by a preponderance of
the evidence that the criteria for an abandoned mobilehome has been
satisfied and no party establishes an interest therein at the
hearing, the court shall enter a judgment of abandonment, determine
the amount of charges to which the petitioner is entitled, and award
attorney's fees and costs to the petitioner. For purposes of this
subdivision, an interest in the mobilehome shall be established by
evidence of a right to possession of the mobilehome or a security or
ownership interest in the mobilehome.
   (3) A default may be entered by the court clerk upon request of
the petitioner, and a default judgment shall be thereupon entered, if
no responsive pleading is filed within 15 days after service of the
petition by mail.
   (e) (1) Within 10 days following a judgment of abandonment, the
management shall enter the abandoned mobilehome and complete an
inventory of the contents and submit the inventory to the court.
   (2) During this period the management shall post and mail  a
 notice of intent to sell  or dispose of  the abandoned
mobilehome and its contents under this section, and announcing the
date of  sale,   sale or disposal,  in the
same manner as provided for the notice of determination of
abandonment under subdivision (b).  The management shall also
provide notice to the county tax collector in the county in which the
mobilehome park is located and the Department of Housing and
Community Development, if requested by either to do so. 
   (3) At any time prior to the sale  or disposal  of
 a   an abandoned  mobilehome  or its
contents  under this section, any person having a right to
possession of the  abandoned  mobilehome may recover and
remove it from the premises upon payment to the management of all
rent or other charges due, including reasonable costs of storage and
other costs awarded by the court. Upon receipt of this payment and
removal of the    abandoned  mobilehome from the
premises pursuant to this paragraph, the management shall immediately
file an acknowledgment of satisfaction of judgment pursuant to
Section 724.030 of the Code of Civil Procedure.
   (f)  (1)    Following the judgment of
abandonment, but not less than 10 days following the notice of sale
 or disposal  specified in subdivision (e), the management
may conduct a public sale of the abandoned mobilehome  and
  ,  its  contents.  
contents, or both.  The management may bid at the sale and shall
have the right to offset its bids to the extent of the total amount
due it under this section. The proceeds of the sale shall be retained
by the management, but any unclaimed amount thus retained over and
above the amount to which the management is entitled under this
section shall be deemed abandoned property and shall be paid into the
treasury of the county in which the sale took place within 30 days
of the date of the sale. The former homeowner or any other owner may
claim any or all of that unclaimed amount within one year from the
date of payment to the county by making application to the county
treasurer or other official designated by the county. If the county
pays any or all of that unclaimed amount to a claimant, neither the
county nor any officer or employee of the county is liable to any
other claimant as to the amount paid. 
   (2) Following the judgment of abandonment, but not less than 10
days following the notice of sale or disposal specified in
subdivision (e), the management may dispose of the abandoned
mobilehome. 
   (g)  (1)    Within 30 days of the date of the
 sale,   sale of the abandoned mobilehome and
its contents,  the management shall submit to the court an
accounting of the moneys received from the sale and the disposition
of the money and the items contained in the inventory submitted to
the court pursuant to subdivision (e). 
   (2) Within 30 days of the date of the disposal of an abandoned
mobilehome and its contents, the management shall submit to the
court, the county tax collector in the county in which the mobilehome
park is located, and the Department of Housing and Community
Development a statement that the abandoned mobilehome and its
contents were disposed with supporting documentation.  
   (3) Within 30 days of the date of the disposal of an abandoned
mobilehome or the date of the sale of its contents, whichever date is
later, the management shall submit to the court, the county tax
collector in the county in which the mobilehome park is located, and
the Department of Housing and Community Development an accounting of
the moneys received from the sale and the disposition of the money
and the items contained in the inventory submitted to the court
pursuant to subdivision (e) and a statement that the abandoned
mobilehome was disposed with supporting documentation. 
   (h) The management shall provide the purchaser at the sale  of
an abandoned mobilehome  with a copy of the judgment of
abandonment and evidence of the sale, as shall be specified by the
 State  Department of Housing and Community
Development or the Department of Motor Vehicles, which shall register
title in the abandoned mobilehome to the purchaser upon presentation
thereof. The sale shall pass title to the purchaser free of any
prior interest, including any security interest or lien, except the
lien provided for in Section 18116.1 of the Health and Safety Code,
in the abandoned mobilehome. 
   (i) Notwithstanding any other law, the management shall not be
required to obtain a tax clearance certificate, as set forth in
Section 5832 of the Revenue and Taxation Code, to either dispose of
an abandoned mobilehome and sell its contents, or dispose of an
abandoned mobilehome and its contents.  
  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.