BILL ANALYSIS Ó
SENATE JUDICIARY COMMITTEE
Senator Hannah-Beth Jackson, Chair
2015-2016 Regular Session
AB 999 (Daly)
Version: June 24, 2015
Hearing Date: July 7, 2015
Fiscal: Yes
Urgency: No
TH
SUBJECT
Mobilehomes: Disposal
DESCRIPTION
This bill would amend the Mobilehome Residency Law to, among
other things, authorize the management of a mobilehome park to
enforce a warehouse lien and to designate a mobilehome for
disposal without requiring the management or other person
enforcing the lien to pay past or current vehicle license fees
or to obtain a tax clearance certificate. This bill would also
authorize the management of a mobilehome park to dispose of an
abandoned mobilehome and its contents without requiring the
management to pay past or current vehicle license fees or to
obtain a tax clearance certificate. This bill would require the
management of a mobilehome park to notify the county tax
collector in the county in which the mobilehome park is located
that management will either apply to have the mobilehome
designated for disposal after a warehouse lien sale or dispose
of an abandoned mobilehome and its contents.
BACKGROUND
Enacted in 1978, the Mobilehome Residency Law (MRL) governs the
relationship between mobilehome park owners or managers and the
residents of the more than 4,500 mobilehome parks and
manufactured housing communities in California. In most of
these parks, residents own their home but lease the land on
which their home is installed. Although they have historically
been called "mobilehomes," it is often very difficult to
actually move a mobilehome once it has been installed in a
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mobilehome park.
Just as with other types of residential communities, mobilehome
parks experience blight when owners and residents abandon their
mobilehomes, especially when the abandoned homes are in a state
of disrepair. The MRL contains two sets of procedures that
authorize the management of mobilehome parks to remove
mobilehomes under specified circumstances. The first set
involves mobilehomes occupied by residents who have had their
tenancies terminated, such as for the non-payment of rent.
Under this set of procedures, if the mobilehome of the evicted
tenant is not timely removed or otherwise disposed of, the
management of the park can secure a warehouse lien against the
mobilehome for unpaid obligations and proceed to sell the
mobilehome and its contents to satisfy the lien. The second set
of procedures involves disposing of "abandoned" mobilehomes.
When a resident abandons their mobilehome, the MRL authorizes
park management to petition for a judicial declaration of
abandonment, which, if granted, permits the management to sell
the home and its contents, and offset its bid on the home by the
amount owed by the former resident.
This bill would modify both sets of procedures for removing
mobilehomes from a mobilehome park. Under the first set
involving removal of mobilehomes occupied by evicted tenants,
this bill would specify that the management may "dispose" of a
home instead of sell it when the mobilehome at issue is no
longer habitable. Since it has no resale value, this bill would
provide that the disposal and destruction of an uninhabitable
mobilehome would relieve the management of an obligation to pay
outstanding taxes and vehicle license fees when enforcing a
warehouse lien and obtaining title to remove the home. Under
the second set of procedures involving disposition of abandoned
mobilehomes, this bill would similarly authorize park management
to dispose of a home instead of sell it when it is no longer
habitable. The management would be relieved of the obligation
to pay outstanding taxes and vehicle license fees when disposing
of the abandoned mobilehome pursuant to a judicial declaration
of abandonment, provided certain conditions are satisfied.
This bill was heard by the Senate Transportation and Housing
Committee on June 23, 2015, and passed out on a vote of 8-0.
CHANGES TO EXISTING LAW
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1.Existing law , the Mobilehome Residency Law, governs the
relationship between park owners or managers and the residents
and homeowners in mobilehome parks and manufactured housing
communities. (Civ. Code Sec. 798 et seq.)
Existing law authorizes park managers to terminate the tenancy
of a homeowner or resident of a mobilehome park under
specified circumstances, including the nonpayment of rent and
utility charges. (Civ. Code Sec. 798.56.)
Existing law requires, within 60 days after receipt of a
notice of termination of tenancy, the legal owner of a
mobilehome, and each junior lienholder, if any, to notify the
management in writing of:
its offer to sell the obligation secured by the
mobilehome to the management for the amount specified in
its written offer;
its intent to foreclose on its security interest in the
mobilehome; or
its request that the management pursue the termination
of tenancy against the homeowner. (Civ. Code Sec.
798.56a(a).)
Existing law provides that if neither the legal owner nor a
junior lienholder notifies the management of its decision
pursuant to the above provision within the period allowed, or
performs as agreed within 30 days, or if a registered owner of
a mobilehome that is not encumbered by a lien held by a legal
owner or a junior lienholder fails to comply with a notice of
termination and is either legally evicted or vacates the
premises, the management may either remove the mobilehome from
the premises and place it in storage or store it on its site.
(Civ. Code Sec. 798.56a(e).)
Existing law grants the management, when a mobilehome is
removed from the premises and placed in storage or stored on
its site, a warehouse lien against the mobilehome for the
costs of dismantling and moving, if appropriate, as well as
storage, that is superior to all other liens, except a lien in
favor of the State of California for the nonpayment of
registration fees, renewal fees, license fees, and other fees
and penalties that are due on a mobilehome, manufactured home,
commercial coach, truck camper, or floating home. (Civ. Code
Sec. 798.56a(e); Health & Saf. Code Sec. 18116.1.)
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Existing law states that the management may enforce a
warehouse lien either after the date of judgment in an
unlawful detainer action or after the date the mobilehome is
physically vacated by the resident, whichever occurs earlier.
Existing law specifies that upon completion of a sale to
enforce the warehouse lien, the management shall provide the
purchaser with evidence of the sale, as specified by the
Department of Housing and Community Development, that shall be
used to register title to the mobilehome to the purchaser,
whether or not there existed a legal owner or junior
lienholder on this title to the mobilehome. (Civ. Code Sec.
798.56a(e).)
Existing law directs the county tax collector to issue a tax
clearance certificate or a conditional tax clearance
certificate when the tax collector finds that no local
property tax is due or is likely to become due, or that any
applicable local property taxes have been paid or are to be
paid in a manner not requiring the withholding of registration
or the transfer of registration. Existing law specifies that
a tax clearance certificate shall be used to permit
registration of used manufactured homes. (Rev. & Tax. Code
Sec. 5832.)
This bill would require, in order to dispose of a mobilehome
after a warehouse lien sale, the management to file a notice
of disposal with the Department of Housing and Community
Development no less than 10 days after the date of sale to
enforce the lien against the mobilehome, and thereafter would
authorize the management to dispose of the mobilehome, as
specified.
This bill would state that if the management of a mobilehome
park acquires a mobilehome after enforcing the warehouse lien
and files a notice of disposal, the management or any other
person enforcing the warehouse lien shall not be required to
pay past or current vehicle license fees or obtain a tax
clearance certificate, provided that management notifies the
county tax collector in the county in which the mobilehome is
located of management's intent to apply to have the mobilehome
designated for disposal after a warehouse lien sale.
This bill would require the management to submit to the
Department of Housing and Community Development the following
information to complete the disposal process within 30 days of
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the date of the disposal of the mobilehome:
photographs identifying and demonstrating that the
mobilehome was uninhabitable by the removal or destruction
of all appliances and fixtures such as ovens, stoves,
bathroom fixtures, and heating or cooling appliances prior
to its being moved;
a statement of facts as to the condition of the
mobilehome when moved, the date it was moved, and the
anticipated site of further dismantling or disposal; and
the name, address, and license number of the person or
entity removing the mobilehome from the mobilehome park.
This bill would define "dispose" or "disposal" to mean the
removal and destruction of an abandoned mobilehome from a
mobilehome park, thus making it unusable for any purpose and
not subject to, or eligible for, use in the future as a
mobilehome.
1.Existing law specifies a process for the disposition of an
abandoned mobilehome, which is a mobilehome that:
is located in a mobilehome park on a site for which no
rent has been paid to the management for the preceding 60
days;
is unoccupied; and
is one that a reasonable person would believe to be
abandoned. (Civ. Code Sec. 798.61(a).)
Existing law provides that after determining a mobilehome in a
mobilehome park is abandoned, the management shall post a
notice of belief of abandonment on the mobilehome for not less
than 30 days, and shall mail copies of the notice 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. (Civ. Code Sec. 798.61(b).)
Existing law states that thirty or more days following posting
of the notice, the management may file a petition in the
superior court for a judicial declaration of abandonment of
the mobilehome. Existing law requires copies of the petition
to 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. (Civ. Code Sec. 798.61(c).)
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Existing law specifies that if, at the hearing, the petitioner
shows by a preponderance of the evidence that the criteria for
abandonment have been satisfied and no party establishes an
interest in the mobilehome, 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. Existing law specifies that 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. (Civ. Code Sec. 798.61(d).)
Existing law provides that 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, and during this period the
management shall post on the mobilehome and mail notice of
intent to sell the abandoned mobilehome and its contents to
the homeowner, any known registered owner, and any known
person having a lien or security interest of record in the
mobilehome. At any time prior to the sale of a mobilehome,
any person having a right to possession of the mobilehome may
recover and remove it from the premises upon payment of all
rent or other charges due, including reasonable costs of
storage and other costs awarded by the court. (Civ. Code Sec.
798.61(e).)
Existing law states that not less than 10 days following the
notice of sale, the management may conduct a public sale of
the abandoned mobilehome and its contents. 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. The proceeds of the
sale shall be retained by the management, but any unclaimed
amount 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.
(Civ. Code Sec. 798.61(f).)
Existing law authorizes the former homeowner or any other
owner to claim any or all of the unclaimed amount within one
year from the date of payment to the county by making
application to the county treasurer or other designated
official. (Civ. Code Sec. 798.61(f).)
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Existing law specifies that within 30 days of the date of the
sale, 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. (Civ. Code Sec. 798.61(g).)
Existing law directs the management to provide the purchaser
at the sale with a copy of the judgment of abandonment and
evidence of the sale, as 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 a
lien in favor of the State of California for the nonpayment of
registration fees, renewal fees, license fees, and other fees
and penalties that are due on a mobilehome, manufactured home,
commercial coach, truck camper, or floating home. (Civ. Code
Sec. 798.61(h).)
This bill , as an alternative to sale, would authorize the
management to dispose of an abandoned mobilehome, which is
defined as removing the abandoned mobilehome from a mobilehome
park and destroying it, thus making it unusable for any
purpose and not subject to, or eligible for, use in the future
as a mobilehome.
This bill would specify that to dispose of an abandoned
mobilehome, the management, in its petition for a judicial
declaration of abandonment, shall do all of the following:
declare in the petition that the management will dispose
of the abandoned mobilehome, and therefore will not seek a
tax clearance certificate;
declare in the petition whether the management intends
to sell the contents of the abandoned mobilehome before its
disposal;
notify the county tax collector that management will
dispose of the abandoned mobilehome by sending a copy of
the petition; and
declare in the petition that management intends to file
a notice of disposal with the Department of Housing and
Community Development and to complete all disposal process
requirements.
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This bill would require, within 10 days following a judgment
of abandonment, the management to enter the abandoned
mobilehome and complete an inventory of the contents and
submit the inventory to the court, and during this period the
management would be required to post on the mobilehome and
mail notice of intent to dispose of the mobilehome and its
contents to the homeowner, any known registered owner, and any
known person having a lien or security interest of record in
the mobilehome.
This bill would require the management to file a notice of
disposal with the Department of Housing and Community
Development, and would specify that the management shall not
be required to pay past or current vehicle license fees or
obtain a tax clearance certificate, provided that the
management notifies the county tax collector in the county in
which the mobilehome is located of the management's intent to
apply to have the mobilehome designated for disposal.
This bill would specify that at any time prior to the disposal
of an abandoned mobilehome or its contents, 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.
This bill would authorize the management to dispose of the
abandoned mobilehome, following the judgment of abandonment
and approval of the notice of disposal by the Department of
Housing and Community Development, provided the management
does the following:
submits to the court and the county tax collector in the
county in which the mobilehome park is located a statement
with supporting documentation indicating that the abandoned
mobilehome and its contents were disposed of; and
submits to the Department of Housing and Community
Development:
o photographs identifying and demonstrating that the
mobilehome was uninhabitable by the removal or
destruction of all appliances and fixtures such as ovens,
stoves, bathroom fixtures, and heating or cooling
appliances prior to its being moved;
o a statement of facts as to the condition of the
mobilehome when moved, the date it was moved, and the
anticipated site of further dismantling or disposal; and
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o the name, address, and license number of the person
or entity removing the mobilehome from the mobilehome
park.
This bill would require the management to submit to the court
and the county tax collector, 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, 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 and a statement that the abandoned mobilehome was
disposed with supporting documentation.
This bill would specify that the management shall not be
required to obtain a tax clearance certificate to dispose of
an abandoned mobilehome and its contents, but that any sale of
a mobilehome shall be subject to registration requirements and
the tax clearance certificate requirements.
This bill would eliminate the provision requiring the
management to submit to the court, within 30 days of the date
of the sale, an accounting of the moneys received from the
sale and the disposition of the money and the items contained
in an abandoned mobilehome.
This bill would make other technical and conforming changes.
COMMENT
1.Stated need for the bill
The author writes:
Each year manufactured homes and mobilehomes are abandoned in
manufactured housing communities that require management to
proceed with an "abandonment" or "warehouseman's lien" to
dispose of the property (Civil Code [Sec.] 798.61 or 798.56a).
Most often these homes are not worth the cost of
rehabilitation and must be salvaged (i.e. destroyed).
However, before an owner may legally complete the
warehouseman's lien they must pay any past due personal
property tax to the county tax collector, an amount which can
exceed the value of the home. It is an unfunded burden to the
mobilehome park owner to pay the unpaid property taxes because
the previous mobilehome owner (i.e. resident) failed to pay
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what they owed. Normally tax collectors would place a lien on
the property and dispose of it accordingly, but the tax
collectors have been reluctant to do so because the
mobilehomes are often worth less than what is owed and they
don't want to evict residents.
By amending Civil Code Sections 798.61 and 798.56a, AB 999
would create a new method to expeditiously deal with abandoned
property that negatively impacts communities, the landlord and
tax collectors. Abandoned homes are unsightly and potentially
hazardous, thus depreciating the value of nearby mobilehomes
and impacting the health of residents. Landlords cannot rent
out the space occupied by an abandoned mobilehome, thus
decreasing operational revenue and also precluding the
collection of taxes. Replacement of these abandoned tax
delinquent homes with newer homes will benefit landlords,
residents and tax collectors.
2.Changes to Mobilehome Removal Procedures
This bill would make changes to the two existing procedures in
the Mobilehome Residency Law (MRL) that allow mobilehome park
management to remove mobilehomes from a mobilehome park without
an owner's consent. The first procedure involves mobilehomes
with tenants who have involuntarily lost their tenancy in a park
through such things as the nonpayment of rent. When tenancy is
lost, the legal owner and lienholders of the mobilehome have 60
days to arrange for the disposition of the mobilehome with park
management. If arrangements are not made and executed within
the required timelines, the MRL currently authorizes management
to either remove the mobilehome from the premises and place it
in storage or store it on site, and grants the management a
warehouse lien against the mobilehome for the costs of
dismantling, moving, and storing the home that is superior to
all other liens except those in favor of the State of California
for the nonpayment of mobilehome taxes and registration fees.
Existing law allows park management to enforce its warehouse
lien by selling the mobilehome, which extinguishes all other
liens except for specified ones held by the State, and grants
the purchaser title to the home. This bill would, at the
conclusion of the sale, authorize management to dispose of a
mobilehome acquired after enforcing the warehouse lien without
having to pay past or current vehicle license fees or obtain a
tax clearance certificate when the home is uninhabitable, and
consequently without significant resale value. This new
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disposal process would require management to file a notice of
disposal with the Department of Housing and Community
Development (Department) no less than 10 days after the date of
sale to enforce the lien against the mobilehome, would require
management to notify the county tax collector of its intent to
have the mobilehome designated for disposal, and would require
management to file specific evidence with the Department proving
the mobilehome was destroyed within 30 days of the date
indicated for disposal.
This bill would also amend the process by which abandoned
mobilehomes are disposed of under the MRL. Under existing law,
after park management determines that a mobilehome is abandoned,
the management must post a notice on the home for 30 days and
mail copies to the homeowner at the last known address, to any
other registered owners, and to known holders of security
interests in the abandoned mobilehome. After 30 days, the
management may file a petition in the superior court for a
judicial declaration of abandonment of the mobilehome. If, at
the hearing on the petition, the petitioner shows by a
preponderance of the evidence that the criteria for abandonment
have been satisfied and no party establishes an interest in the
mobilehome, the court enters a judgment of abandonment,
determines the amount of charges to which the petitioner is
entitled, and authorizes the petitioner to sell the abandoned
mobilehome and its contents. Park management may thereafter
enter the abandoned mobilehome and sell both it and its contents
within approximately 20 days by following specific notice
procedures in the MRL, and recover allowable charges such as
unpaid rent and utility charges. The MRL grants title of the
abandoned mobilehome to the purchaser free of any prior
interest, including any security interest or lien, except
specified liens in favor of the State of California for such
things as the nonpayment of taxes and registration fees.
As an alternative to sale, this bill would authorize park
management to receive title and dispose of an abandoned
mobilehome by stating in its petition for a judicial declaration
of abandonment that it will dispose of the abandoned mobilehome,
will not seek a tax clearance certificate, will notify the
county tax collector of the intent to dispose of the abandoned
mobilehome, and will file a notice of disposal with the
Department of Housing and Community Development (Department) and
completing all disposal process requirements. Within 10 days
following a judgment of abandonment, this bill would require the
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management to enter the abandoned mobilehome, complete an
inventory of the contents, and submit the inventory to the
court. Park management would also be required to post on the
mobilehome and mail a notice of intent to dispose of the
mobilehome and its contents to the homeowner, to any known
registered owner, and to any known person having a lien or
security interest in the mobilehome. Thereafter, this bill
would require management to file a notice of disposal with the
Department, and after completing the disposal process, would
require management to submit specific evidence to the court and
to the county tax collector indicating that the abandoned
mobilehome and its contents were disposed of. By declaring its
intent to complete this disposal process, and by providing
appropriate documentation to the court, the Department, and the
county tax collector upon completion of the process, this bill
would provide that the management shall not be required to pay
past or current vehicle license fees or obtain a tax clearance
certificate when it takes title of the abandoned mobilehome and
disposes of it.
The changes to the two removal processes proposed in this bill
would, in essence, allow park management to obtain title to
abandoned or uninhabitable mobilehomes for the purpose of
removing and disposing of them without having to satisfy liens
related to unpaid taxes and registration fees, as would be
required if the mobilehome were sold and re-registered in the
name of a third party.
3.Due Process Protections
As discussed in Comment 2, the Mobilehome Residency Law (MRL)
authorizes mobilehome park management to remove mobilehomes from
a mobilehome park without an owner's consent under specific
circumstances. To ensure that tenants, owners, and lienholders
have a meaningful opportunity to participate in and contest the
removal and sale of a mobilehome, existing law includes several
due process and procedural safeguards. For mobilehomes with
tenants who have involuntarily lost their tenancy and a
warehouse lien has attached, Commercial Code Section 7210
requires the several procedures to be observed before an
execution sale may occur. First, all persons with an interest
in the mobilehome must receive notice of the amount due, a
demand for payment within a specified time not less than 10 days
after receipt of the notification, and notice of the nature of
the proposed execution sale and the time and place of the sale.
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After the expiration of the time given in the notification, an
advertisement of the sale must be published once a week for two
weeks consecutively in a newspaper of general circulation where
the sale is to be held, and the sale must take place at least 15
days after the first publication. Importantly, before the sale
can take place, any person claiming a right in the mobilehome
must be given an opportunity to pay the amount necessary to
satisfy the lien. In sum, these procedures ensure parties with
an interest in the mobilehome receive notice of any proposed
execution sale and an opportunity to redeem the property before
the sale occurs.
For abandoned mobilehomes, the MRL requires park management to
post a notice of belief of abandonment on the mobilehome itself
for at least 30 days, and mail copies of the notice to the
homeowner at the last known address, to any known registered
owner, and to any known holder of a security interest in the
abandoned mobilehome. Thirty or more days after the posting and
mailing of those notices, the MRL authorizes park management to
file a petition in the superior court for a judicial declaration
of abandonment of the mobilehome, and requires management to
again post a copy on the mobilehome and mail a copy of the
petition to the same parties listed above. The court then holds
a hearing on the petition, and if the petitioner shows by a
preponderance of the evidence that the criteria for abandonment
have been satisfied and no other party establishes an interest
in the mobilehome, the court enters a judgment of abandonment.
Of course, any party with an interest in the mobilehome may
appear before the judge and rebut management's claim that the
home is abandoned. Provided judgment of abandonment is granted
and park management elects to sell the mobilehome and its
contents, management must again post on the mobilehome and mail
notice of its intent to sell the abandoned mobilehome to the
parties listed above, as well as provide anyone who can
establish a right of possession the opportunity to recover and
remove the home from the premises upon payment of all rent or
other charges due. As with other processes for involuntarily
removing a mobilehome under the MRL, this procedure includes
multiple opportunities for interested parties to receive notice
of a pending action or sale and either contest claims advanced
by park management or pay a set amount to redeem the property.
The changes proposed by this bill would not disturb the existing
due process protections in the MRL, with one exception. An
earlier set of amendments inadvertently removed an oversight
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provision that allowed a court to supervise the distribution of
proceeds from the sale of an abandoned mobilehome to, among
other things, ensure that any sale proceeds not offset by other
claims are segregated and held for the former homeowner or any
other owner. To add that provision of existing law back into
the bill, the author offers the following amendment:
Author's Amendment :
On page 9, line 32, insert: "(3) Within 30 days of the date of
the sale, 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)."
4.Liability for Unpaid Taxes
As noted in Comment 1, the author's expressed intent for this
bill is, in the case of abandoned or uninhabitable mobilehomes,
to allow park management to receive title and dispose of a
mobilehome without first having to pay any back taxes or unpaid
registration fees owed to the State of California. While this
bill would relieve park managers of the responsibility of paying
such things as back taxes, these outstanding tax obligations
would not be extinguished when title is transferred to
management. Revenue and Taxation Code Section 2921.5 provides
that when uncollected taxes, penalties, and costs due on a
mobilehome are transferred from the "secured roll" to the
"unsecured roll," as would likely occur when title transfers to
park management under the provisions of this bill, the amounts
transferred continue to be subject to delinquent penalties until
the amounts are paid and are collectible from the person from
whom the property was acquired. Thus, personal liability for
unpaid mobilehome property taxes would likely remain even after
title to a mobilehome transfers to park management under the
provisions of this bill.
Support : California Mobilehome Parkowners Alliance
Opposition : None Known
HISTORY
Source : Western Manufactured Housing Communities Association
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Related Pending Legislation :
SB 244 (Vidak, 2015) would eliminate a January 1, 2016, sunset
on an existing authorization that permits the management of a
mobilehome park to file a petition for an order to enjoin
violations of a reasonable rule or regulation of the mobilehome
park within the limited jurisdiction of the superior court.
This bill is pending in the Assembly Housing and Community
Development Committee.
SB 419 (McGuire, 2015) would authorize the seller of a
mobilehome to display a "for sale" sign of a generally accepted
yard-arm type design and would require the management of a
mobilehome park, upon request, to provide in writing the
information and standards management will use to review a
prospective homeowner to prospective homeowners or the seller.
This bill is pending in the Assembly Housing and Community
Development Committee.
AB 587 (Chau, 2015), among other things, would require the
Department of Housing and Community Development to waive
outstanding charges and release outstanding liens when a person
who is not currently the registered owner of a manufactured home
or mobilehome applies to the Department for registration or
transfer of registration of the manufactured home or mobilehome
prior to December 31, 2018, and meets other specified
requirements. This bill would also require a county tax
collector to issue a tax liability certificate to a person who
is not currently the registered owner of a manufactured home or
mobilehome with a conditional transfer of title when that person
applies for the certificate prior to January 1, 2019, and would
provide that such a person shall only pay that portion of the
taxes reasonably owed from the date of sale of the manufactured
home or mobilehome. This bill is pending in the Senate
Transportation and Housing Committee.
Prior Legislation :
SB 69 (Kelley, Ch. 446, Stats. 1995) authorized an owner of a
mobilehome park who obtains a final money judgment for unpaid
rent against the registered owner of a manufactured home or
mobilehome registered with the Department of Housing and
Community Development to perfect a lien against that
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manufactured home or mobilehome in accordance with specified
provisions. This bill specified that such a lien would not be a
security interest and that it was not subject to execution.
This bill specified that an owner of a mobilehome park filing a
lien created pursuant to the bill would be treated as a junior
lienholder for purposes of the sale of a repossessed or
surrendered manufactured home or mobilehome.
AB 743 (Nolan, Ch. 564, Stats. 1991) revised the procedures
required to be followed by the management of a mobilehome park
in obtaining a court order declaring the abandonment of a
mobilehome. This bill also revised the definition of an
"abandoned mobilehome" to mean a mobilehome located in a
mobilehome park on a site for which no rent has been paid to the
management for the preceding 60 days, which is unoccupied, and
which a reasonable person would believe to be abandoned.
Prior Vote :
Senate Transportation and Housing Committee (Ayes 8, Noes 0)
Assembly Floor (Ayes 74, Noes 0)
Assembly Appropriations Committee (Ayes 17, Noes 0)
Assembly Housing and Community Development Committee (Ayes 6,
Noes 0)
Assembly Judiciary Committee (Ayes 10, Noes 0)
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