BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
                              Senator Jim Beall, Chair
                                2015 - 2016  Regular 

          Bill No:          SB 434            Hearing Date:     4/21/2015
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          |Author:   |Allen                                                 |
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          |Version:  |2/25/2015                                             |
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          |Urgency:  |No                     |Fiscal:      |No              |
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          |Consultant|Christine Hochmuth                                    |
          |:         |                                                      |
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          SUBJECT:  Manufactured housing:  vehicle license fee:  property  
          taxation


            DIGEST:  This bill requires a mobile- or manufactured home owner  
          to request a transfer from the vehicle license fee to local  
          property taxation when they submit building plans that rebuild  
          the home on a foundation system which leaves only the original  
          chassis.

          ANALYSIS:
          
          Existing law:

          1.Requires the Department of Housing and Community Development  
            (HCD) to establish regulations for manufactured home,  
            mobilehome, and commercial modular foundation systems  
            (referred to hereafter collectively as manufactured homes).   
            These types of homes may be installed on a foundation as  
            either a fixture or improvement to the real property or as a  
            chattel (an item of property other than real estate), each  
            condition dependent upon meeting certain criteria, including  
            obtaining permits, payming of fees, and  undergoing proper  
            inspections. 

          2.Requires a manufactured home owner or contractor to obtain a  
            building permit from HCD before installing a manufactured home  
            on a foundation system. 

          3.Requires HCD, within five days of the issuance of the  







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            certificate of occupancy for the manufactured home, to record  
            a document with a county recorder's office naming the owner of  
            the real property and declaring that a manufactured home has  
            been affixed to that real property by installation on a  
            foundation system. 

          4.Requires that manufactured homes originally purchased new on  
            or after July 1, 1980 be automatically subject to local  
            property taxes (LPT).  If purchased new prior to that date,  
            the prior owner could voluntarily convert the annual vehicle  
            license fee (VLF) to local taxation though HCD.  Owners of  
            manufactured homes not subject to local property tax (LPT)  
            must pay a vehicle license fee (VLF) to HCD.  The annual  
            amount of the fee is a sum equal to 0.65 percent of the market  
            value of the manufactured home. 

          This bill requires an owner of a manufactured home that is  
          currently subject to the VLF to request a transfer to LPT at the  
          time they submit building plans to, and receive building permits  
          from, HCD when the building plans rebuild the manufactured home  
          on a foundation system leaving only the chassis of the original  
          home in place.

          COMMENTS:

          1.Purpose of the bill.  According to the author, this bill  
            intends to close a loophole where certain older homes, under  
            current code, are considered vehicles and are not subject to  
            property tax rules.  This loophole is invoked by retaining the  
            steel chassis of the original manufactured home, surrounded by  
            the new foundation and under the floor of the newly built  
            home. 

            The author contends that an issue of fairness arises when a  
            VLF home is extensively rebuilt into an essentially new home,  
            and the owner is allowed to continue paying the relatively low  
            annual VLF.  In the case of a typical single-family home, when  
            rebuilt to be essentially the same as new, the property is  
            reassessed, and the property taxes will increase to an  
            appropriate amount, based on the increase in the property's  
            value.  However, any home under VLF, no matter how extensively  
            it is reconstructed, is allowed to remain subject to the  
            relatively low annual license fee.  This bill seeks to resolve  
            the inequity created by this abuse. 
          








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          2.Taxation of manufactured homes.  Manufactured homes in  
            California are taxed in two ways:  via the annual VLF,  
            sometimes known as the In-Lieu Tax (ILT), or as personal  
            property via LPT.  HCD administers the program involving homes  
            subject to the VLF.  A manufactured home first sold prior to  
            July 1, 1980, is subject to the annual VLF, under which a  
            homeowner will pay between $16 and $80 per year (0.65% of the  
            original pre-1980 value, determined by a manufactured home  
            "blue book").  This is much less than the amount owed if the  
            home were subject to LPT.  LPT includes a 1% rate based on a  
            property's assessed value, and the assessment increases each  
            year by 2%.  

            VLF is a state revenue, whereas LPT is a local revenue, so  
            this bill has the potential to shift revenues to local  
            jurisdictions.  However, the manufactured homes that utilized  
            the loophole this bill intends to close currently number less  
            than 100, and this bill does not retroactively affect these  
            existing homes.  This bill sets provisions for future projects  
            at the time of building permit submission. 
          
          3.Support for the bill.  The Assessor for the County of Los  
            Angeles states that this bill ensures that extensively rebuilt  
            manufactured homes are properly assessed and taxed  
            accordingly.  They claim this bill is not intended to affect  
            manufactured-home homeowners who make basic repairs or perform  
            essential maintenance on their homes; it only applies to homes  
            that are extensively rebuilt.  The California Assessors'  
            Association states that this bill addresses an assessment  
            fairness issue with certain manufactured homes.
          
          4.Opposition to the bill.  The Western Manufactured Housing  
            Communities Association states that the issue this bill is  
            attempting to address has already been taken care of at the  
            administrative level, by virtue of bringing this issue to  
            HCD's attention.  Opponents also contend that current rebuilds  
            that are the examples for this legislation are being  
            reassessed at the rebuilt value.  Further, they are concerned  
            with the interpretations that arise in the legislative counsel  
            digest which refers to alterations on these homes being done  
            on real property, whereas the code section that this bill  
            amends pertains to mobilehomes that are installed in  
            manufactured housing communities on leased land.  
          
          5.Double referral.  This bill has been double-referred to the  








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            Governance and Finance Committee.  

          RELATED LEGISLATION:
          
          AB 379 (Brown, Chapter 137, Statutes of 2013) - changes the  
          process whereby the law deems a mobilehome a fixture or  
          improvement to real property.
          
          SB 259 (Haynes, Chapter 423, Statutes of 1997) - allows  
          manufactured homes, mobilehomes, or commercial coaches to be  
          installed on a foundation system as either a fixture or an  
          improvement to real property, or as a chattel.  SB 259 specifies  
          that manufactured homes or mobilehomes on a foundation system as  
          chattel are subject to permit requirements and their foundations  
          must meet minimum standards.

          FISCAL EFFECT:                 Appropriation:  No    Fiscal  
          Com.:             No           Local:          No


           



          POSITIONS:  (Communicated to the committee before noon on  
          Wednesday,
                          April 15, 2015.)

          SUPPORT:  

          County of Los Angeles Assessor (Sponsor)
          California Assessors' Association

          OPPOSITION:

          Western Manufactured Housing Communities Association 
          

          

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