Amended in Assembly April 20, 2015

Amended in Assembly April 7, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 999

Introduced by Assembly Member Daly

February 26, 2015

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

LEGISLATIVE COUNSEL’S DIGEST

AB 999, as amended, Daly. Abandoned mobilehomes: disposal.

The Mobilehome Residency Law governs tenancies in mobilehome parks, including, among other things, imposing various duties on the management of a mobilehome 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 bill would amend the Mobilehome Residency Law to authorize a procedure for the management of a mobilehome park to dispose of begin insert or sell end insert 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 begin delete of an action to end delete begin insert that management will end insert 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) 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).

begin delete

(3) As used in this section, “dispose”

end delete

begin insert (C) end insert begin insert   end insert begin insert “Dispose” end insert or “disposal” shall mean begin delete to remove end delete begin insert the removal
and destruction of end insert an abandoned mobilehome from a mobilehome
begin delete park or park and destroy it, end delete begin insert park, end insert 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 begin delete mobilehome, end delete begin insert mobilehome
pursuant to subdivision (f), end insert 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)  begin delete Serve the petition on end delete begin insert Notify end insert the county tax collector in the
county in which the mobilehome park is located and the
Department of Housing and Community begin delete Development. end delete
begin insert Development of the declaration that management will dispose of
the abandoned mobilehome by sending a copy of the petition by
first class mail. end insert

(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)  begin delete (1) end delete begin delete   end delete begin delete Within end delete begin insert To sell an abandoned mobilehome, the
management shall do all of the following: end insert

begin insert (1) end insert begin insert   end insert begin insert (A) end insert begin insert   end insert begin insert Within end insert 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.

begin delete

(2)

end delete

begin insert (B) end insert  During this period the management shall post and mail a
notice of intent to sell begin delete or dispose of end delete the abandoned mobilehome
and its contents under this section, and announcing the date of begin delete sale
or disposal, end delete begin insert sale, end insert 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 begin delete Development, if requested
by either to do so. end delete begin insert Development. end insert

begin delete

(3)

end delete

begin insert (C) end insert  At any time prior to the sale begin delete or disposal end delete of 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.

begin delete

(f) (1)

end delete

begin insert (2) end insert  Following the judgment of abandonment, but not less than
10 days following the notice of sale begin delete or disposal end delete specified in
begin delete subdivision (e), end delete begin insert paragraph (1), end insert the management may conduct a
public sale of the abandoned mobilehome, its 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.

begin delete

(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.

end delete begin delete

(g) (1)

end delete

begin insert (3) end insert  Within 30 days of the date of the 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 begin delete subdivision (e). end delete begin insert paragraph (1). end insert

begin delete

(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)

end delete

begin insert (4) end insert  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
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.

begin insert

(f) To dispose of an abandoned mobilehome, the management
shall do all of the following:

end insert begin insert

(1) (A) 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.

end insert begin insert

(B) During this period the management shall post and mail a
notice of intent to dispose of the abandoned mobilehome and its
contents under this section, and announcing the date of 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.

end insert begin insert

(C) At any time prior to the disposal of 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 subparagraph, the management shall
immediately file an acknowledgment of satisfaction of judgment
pursuant to Section 724.030 of the Code of Civil Procedure.

end insert begin insert

(2) Following the judgment of abandonment, but not less than
10 days following the notice of disposal specified in paragraph
(1), the management may dispose of the abandoned mobilehome.

end insert begin insert

(3) (A) 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.

end insert begin insert

(B) 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 paragraph (1) and a statement that the
abandoned mobilehome was disposed with supporting
documentation.

end insert begin delete

(i)

end delete

begin insert (g) end insert  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.