Amended in Senate March 28, 2016

Senate Bill No. 944

Introduced by Committee on Transportation and Housing (Senators Beall (Chair), Allen, Bates, Cannella, Gaines, Galgiani, Leyva, McGuire, Mendoza, Roth, and Wieckowski)

February 3, 2016

An act to amend begin delete Section 4270 end delete begin insert Sections 798.56a, 1952.7, 4270, 5300, and 5570 end insert of, begin delete and end delete to amend and renumber Section 4750.10 of, begin insert and to add Chapter 2.5 (commencing with Section 1954.10) to Title 5 of Part 4 of Division 3 of, end insert the Civil Code, begin delete and end delete to amend begin delete Section end delete begin insert Sections end insert 12955.9 begin insert and 65863.10 end insert of the Government Code, begin insert and to amend Sections 18080.5, 18935, 50074, and 50784.7 of, to add Section 50104.6.5 to, and to repeal Chapter 4.7 (commencing with Section 50580) of Part 2 of Division 31 of, the Health and Safety Code, end insert relating to begin delete housing. end delete begin insert housing, and making an appropriation therefor. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 944, as amended, Committee on Transportation and Housing. Housing omnibus.

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(1) The Mobilehome Residency Law governs tenancies in mobilehome parks and, among other things, authorizes the management of a mobilehome park, under specified circumstances, to either remove the mobilehome from the premises and place it in storage or store the mobilehome on its site. Existing law provides the management with a warehouse lien for these costs and imposes various duties on the management to enforce this lien, including requiring 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 in order to dispose of a mobilehome after a warehouse lien sale, as specified.

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This bill would instead require the management to file a notice of disposal with the department no less than 30 days after the date of sale to enforce the lien against the mobilehome.

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Existing law also establishes procedures by which the management may dispose of an abandoned mobilehome, including requiring that the management file a notice of disposal with the department, as specified. The Manufactured Housing Act of 1980 requires the department to enforce various laws pertaining to manufactured housing, mobilehomes, park trailers, commercial coaches, special purpose commercial coaches, and recreational vehicles.

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This bill would authorize the department to adopt guidelines related to procedures and forms to implement the above-described disposal procedures for mobilehomes after a warehouse lien sale and for abandoned mobilehomes until regulations are adopted by the department to replace those guidelines.

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(2) Existing law specifies cause for eviction of participants in transitional housing programs, as defined, and establishes a procedure for evicting program participants for specified serious violations of the program’s requirements, rules, or regulations. Existing law authorizes a program operator to seek, on his or her own behalf or on behalf of other participants or persons residing within 100 feet of the program site, a temporary restraining order and an injunction prohibiting abuse or misconduct by the participant, the violation of which is a misdemeanor. Existing law provides procedures for the program operator to exclude the participant from the program site and recover the dwelling unit.

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This bill would recast these provisions and repeal identical provisions regarding eviction of participants in transitional housing programs in the Health and Safety Code.

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(3) Existing law voids any term in a lease renewed or extended on or after January 1, 2015, that conveys any possessory interest in commercial property that either prohibits or unreasonably restricts, as defined, the installation or use of an electric vehicle charging station in a parking space associated with the commercial property. Existing law defines “electric vehicle charging station” or “charging station” for these purposes as a station designed in compliance with specified provisions of the National Electrical Code that delivers electricity from a source outside an electric vehicle into one or more electric vehicles.

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This bill would instead define the term “electric vehicle charging station” or “charging station” by reference to specified provisions of the California Electrical Code.

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(1)

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begin insert (4) end insert  The Davis-Stirling Common Interest Development Act, among other things, requires that the declaration, as defined, of a common interest development include certain specified information and allows for amendments to the declaration pursuant to either the declaration or the provisions of the act. Under existing law, an amendment to a declaration is generally effective after certain specified requirements are met, except as provided.

This bill would clarify that the exception from begin delete this requirement end delete begin insert those requirements end insert includes alternative procedures established in other specified provisions of the act for approving, certifying, or recording an amendment.

Existing law also provides that any provision, except for a reasonable restriction, as defined, of a governing document, as defined, of a common interest development is void and unenforceable if it effectively prohibits or unreasonably restricts the use of a clothesline or a drying rack, as defined, in an owner’s backyard.

This bill would make nonsubstantive changes to this provision.

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Existing law also requires the association of a common interest development to prepare and distribute to all of its members certain documents, including an annual budget report that includes specified information. In the case of a common interest development that is a condominium project, existing law requires that the annual budget report include a statement describing the status of the common interest development as a condominium project approved by either the Federal Housing Administration or the federal Department of Veterans Affairs, as specified, including whether or not the common interest development is a condominium project.

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This bill would delete the requirement that the above-described statement describe whether or not the common interest development is a condominium project.

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Existing law also requires the association of a common interest development to distribute to its members an Assessment and Reserve Funding Disclosure Summary form containing specified information, including whether currently projected reserve account balances will be sufficient at the end of each year to meet the association’s obligation for repair or replacement of major components during the next 30 years and that all major components are included in the reserve study and its calculations. Existing law defines “major component” for these purposes by reference to a specified statute.

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This bill would correct an erroneous reference to the statutory definition of “major component” for these purposes.

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(2)

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begin insert (5) end insert  Under the California Fair Employment and Housing Act, the owner of a housing accommodation is prohibited from discriminating against or harassing any person on the basis of certain personal characteristics, including familial status. The act provides that its provisions relating to discrimination based on familial status do not apply to housing for older persons, defined to include, among others, mobilehome parks that meet the standards for “housing for older persons” contained in the federal Fair Housing Amendments Act of 1988.

This bill would instead require, for this purpose, mobilehome parks to meet the standards for “housing for older persons” contained in the federal Fair Housing Act, as amended by Public Law 104-76.

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(6) A provision of the Planning and Zoning Law requires an owner of an assisted housing development proposing the termination of a subsidy contract or prepayment of governmental assistance or of an assisted housing development in which there will be the expiration of rental restrictions to provide a notice of the proposed change to each affected tenant household residing in the assisted housing development, as specified. For the purposes of this requirement, existing law defines “assisted housing development” to mean a multifamily rental housing development that receives governmental assistance under specified programs, including tax-exempt private activity mortgage revenue bonds pursuant to a specified federal statute.

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This bill would provide that “assisted housing development” includes a development receiving assistance from tax-exempt private activity mortgage revenue bonds pursuant to the predecessors of that specified federal statute.

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(7) The California Building Standards Law provides for the adoption of building standards by state agencies by requiring all state agencies that adopt or propose adoption of any building standard to submit the building standard to the California Building Standards Commission for approval and adoption. Existing law requires an adopting agency to submit the notice and initial statement of reasons for proposed building standards to the commission. If, after review, the commission determines that the notice and initial statement of reasons comply with the Administrative Procedures Act, existing law requires that the commission submit those documents to the Office of Administrative Law for the sole purpose of inclusion in the California Regulatory Notice Register.

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This bill would instead require that the commission submit only the notice to the Office of Administrative Law.

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(8) Existing law defines the term “housing sponsor” for the purpose of various housing and home finance programs administered by the Department of Housing and Community Development to include various entities, including the duly constituted governing body of an Indian reservation or rancheria, certified by the California Housing Finance Agency as qualified to either own, construct, acquire or rehabilitate a housing development and subject to the regulatory powers of the agency, as specified.

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This bill would expand the definition of “housing sponsor” to include a tribally designated housing entity. The bill would define “tribally designated housing entity” by reference to a specified provision of the federal Native American Housing Assistance and Self-Determination Act of 1996.

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(9) Existing law authorizes the Department of Housing and Community Development to make loans from the Mobilehome Park Rehabilitation and Purchase Fund, a continuously appropriated fund, to, among other things, make loans to resident organizations or qualified nonprofit sponsors for the purpose of assisting lower income households in making needed repairs or accessibility-related upgrades to their mobilehomes, if specified criteria are met.

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This bill would additionally authorize loans to these entities to assist lower income households in replacing their mobilehomes. By authorizing the expenditure of moneys in a continuously appropriated fund for a new purpose, this bill would make an appropriation.

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Vote:  begin delete majority end delete begin insert ²⁄₃ end insert . Appropriation:  begin delete no end delete begin insert yes end insert . Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Section 798.56a of the end insert begin insert Civil Code end insert begin insert is amended to
read: end insert

798.56a.  

(a) Within 60 days after receipt of, or no later than
65 days after the mailing of, the notice of termination of tenancy
pursuant to any reason provided in Section 798.56, the legal owner,
if any, and each junior lienholder, if any, shall notify the
management in writing of at least one of the following:

(1) Its offer to sell the obligation secured by the mobilehome
to the management for the amount specified in its written offer.
In that event, the management shall have 15 days following receipt
of the offer to accept or reject the offer in writing. If the offer is
rejected, the person or entity that made the offer shall have 10 days
in which to exercise one of the other options contained in this
section and shall notify management in writing of its choice.

(2) Its intention to foreclose on its security interest in the
mobilehome.

(3) Its request that the management pursue the termination of
tenancy against the homeowner and its offer to reimburse
management for the reasonable attorney’s fees and court costs
incurred by the management in that action. If this request and offer
are made, the legal owner, if any, or junior lienholder, if any, shall
reimburse the management the amount of reasonable attorney’s
fees and court costs, as agreed upon by the management and the
legal owner or junior lienholder, incurred by the management in
an action to terminate the homeowner’s tenancy, on or before the
earlier of (A) the 60th calendar day following receipt of written
notice from the management of the aggregate amount of those
reasonable attorney’s fees and costs or (B) the date the mobilehome
is resold.

(b) A legal owner, if any, or junior lienholder, if any, may sell
the mobilehome within the park to a third party and keep the
mobilehome on the site within the mobilehome park until it is
resold only if all of the following requirements are met:

(1) The legal owner, if any, or junior lienholder, if any, notifies
management in writing of the intention to exercise either option
described in paragraph (2) or (3) of subdivision (a) within 60 days
following receipt of, or no later than 65 days after the mailing of,
the notice of termination of tenancy and satisfies all of the
responsibilities and liabilities of the homeowner owing to the
management for the 90 days preceding the mailing of the notice
of termination of tenancy and then continues to satisfy these
responsibilities and liabilities as they accrue from the date of the
mailing of that notice until the date the mobilehome is resold.

(2) Within 60 days following receipt of, or no later than 65 days
after the mailing of, the notice of termination of tenancy, the legal
owner or junior lienholder commences all repairs and necessary
corrective actions so that the mobilehome complies with park rules
and regulations in existence at the time the notice of termination
of tenancy was given as well as the health and safety standards
specified in Sections 18550, 18552, and 18605 of the Health and
Safety Code, and completes these repairs and corrective actions
within 90 calendar days of that notice, or before the date that the
mobilehome is sold, whichever is earlier.

(3) The legal owner, if any, or junior lienholder, if any, complies
with the requirements of Article 7 (commencing with Section
798.70) as it relates to the transfer of the mobilehome to a third
party.

(c) For purposes of subdivision (b), the “homeowner’s
responsibilities and liabilities” means all rents, utilities, reasonable
maintenance charges of the mobilehome and its premises, and
reasonable maintenance of the mobilehome and its premises
pursuant to existing park rules and regulations.

(d) If the homeowner files for bankruptcy, the periods set forth
in this section are tolled until the mobilehome is released from
bankruptcy.

(e) (1) Notwithstanding any other provision of law, including,
but not limited to, Section 18099.5 of the Health and Safety Code,
if neither the legal owner nor a junior lienholder notifies the
management of its decision pursuant to subdivision (a) 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. In
this case, notwithstanding any other provision of law, the
management shall have a warehouse lien in accordance with
Section 7209 of the Commercial Code against the mobilehome for
the costs of dismantling and moving, if appropriate, as well as
storage, that shall be superior to all other liens, except the lien
provided for in Section 18116.1 of the Health and Safety Code,
and may enforce the lien pursuant to Section 7210 of the
Commercial Code 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. Upon completion
of any sale to enforce the warehouse lien in accordance with
Section 7210 of the Commercial Code, the management shall
provide the purchaser at the sale with evidence of the sale, as shall
be specified by the Department of Housing and Community
Development, that shall, upon proper request by the purchaser of
the mobilehome, register title to the mobilehome to this purchaser,
whether or not there existed a legal owner or junior lienholder on
this title to the mobilehome.

(2) (A) Notwithstanding any other law, if the management of
a mobilehome park acquires a mobilehome after enforcing the
warehouse lien and files a notice of disposal pursuant to
subparagraph (B) with the Department of Housing and Community
Development to designate the mobilehome for disposal,
management or any other person enforcing this warehouse lien
shall not be required to pay past or current vehicle license fees
required by Section 18115 of the Health and Safety Code or obtain
a tax clearance certificate, as set forth in Section 5832 of the
Revenue and Taxation Code, 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. The written
notice shall be sent to the county tax collector no less than 10 days
after the date of the sale to enforce the lien against the mobilehome
by first class mail, postage prepaid.

(B) (i) In order to dispose of a mobilehome after a warehouse
lien sale, the management shall file a notice of disposal with the
Department of Housing and Community Development in the form
and manner as prescribed by the department, no less than begin delete 10 end delete begin insert 30 end insert
days after the date of sale to enforce the lien against the
mobilehome.

(ii) After filing a notice of disposal pursuant to clause (i), the
management may dispose of the mobilehome after obtaining the
information required by applicable laws.

(C) (i) Within 30 days of the date of the disposal of the
mobilehome, the management shall submit to the Department of
Housing and Community Development all of the following
information required for completing the disposal process:

(I) 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.

(II) 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.

(III) The name, address, and license number of the person or
entity removing the mobilehome from the mobilehome park.

(ii) The information required pursuant to clause (i) shall be
submitted under penalty of perjury.

(D) For purposes of this paragraph, “dispose” or “disposal”
shall 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.

(f) All written notices required by this section, except the notice
in paragraph (2) of subdivision (e), shall be sent to the other party
by certified or registered mail with return receipt requested.

(g) Satisfaction, pursuant to this section, of the homeowner’s
accrued or accruing responsibilities and liabilities shall not cure
the default of the homeowner.

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begin insert SEC. 2. end insert   

end insert

begin insert Chapter 2.5 (commencing with Section 1954.10) is
added to Title 5 of Part 4 of Division 3 of the end insert begin insert Civil Code end insert begin insert , to read: end insert

begin insert

 

Chapter   begin insert 2.5. end insert TRANSITIONAL HOUSING PARTICIPANT
MISCONDUCT

 

Article begin insert 1. end insert   General Provisions and Definitions

 

begin insert 1954.10. end insert   

This chapter shall be known and may be cited as the
Transitional Housing Participant Misconduct Act.

begin insert 1954.11. end insert   

In enacting this chapter, it is the intent of the
Legislature to prevent the recurrence of acts of substantial
disruption or violence by participants in transitional housing
programs against other such participants, program staff, or
immediate neighbors of the participants.

begin insert 1954.12. end insert   

The following definitions shall govern the construction
of this chapter:

(a) “Abuse” means intentionally or recklessly causing or
attempting to cause bodily injury, or sexual assault or placing
another person in reasonable apprehension of imminent serious
bodily injury to himself, herself, or another, where the injured
person is another participant, program operator’s staff or a person
residing within 100 feet of the program site.

(b) “Homeless person” means an individual or family who,
prior to participation in a transitional housing program, either
lacked a fixed, regular, and adequate nighttime residence or had
a primary nighttime residence, that was one of the following:

(1) A supervised publicly or privately operated shelter designed
to provide temporary living accommodations, including, but not
limited to, welfare hotels, congregate shelters and transitional
housing for the mentally ill.

(2) An institution that provides a temporary residence for
individuals intended to be institutionalized.

(3) A public or private place not designed for, or ordinarily
used as, a regular sleeping accommodation for human beings.

(c) “Participant” means a homeless person under contract with
a program operator to participate in a transitional housing
program and to use a dwelling unit in the program site. For the
purposes of naming a defendant under this part, or a person to be
protected under this part, “participant” shall include a person
living with a participant at the program site. The contract shall
specifically include the transitional housing program rules and
regulations, a statement of the program operator’s right of control
over and access to the program unit occupied by the participant,
and a restatement of the requirements and procedures of this
chapter.

(d) “Program misconduct” means any intentional violation of
the transitional housing program rules and regulations which (1)
substantially interferes with the orderly operation of the
transitional housing program, and (2) relates to drunkenness on
the program site, unlawful use or sale of controlled substances,
theft, arson, or destruction of the property of the program operator,
persons living within 100 feet of the program site, program
employees, or other participants, or (3) relates to violence or
threats of violence, and harassment of persons living within 100
feet of the program site, program employees, or of other
participants.

(e) “Program operator” means a governmental agency, or
private nonprofit corporation receiving any portion of its
transitional housing program funds from a governmental agency,
which is operating a transitional housing program. “Program
operator” also includes any other manager or operator hired by
a governmental agency or nonprofit corporation to operate its
transitional housing program.

(f) “Program site” means the real property containing a
dwelling unit, the use of which is granted to a participant, and
other locations where program activities or services are carried
out or provided, subject to the participant’s compliance with the
transitional housing program rules and regulations.

(g) “Transitional housing program” means any program which
is designed to assist homeless persons in obtaining skills necessary
for independent living in permanent housing and which has all of
the following components:

(1) Comprehensive social service programs which include
regular individualized case management services and which may
include alcohol and drug abuse counseling, self-improvement
education, employment and training assistance services, and
independent living skills development.

(2) Use of a program unit as a temporary housing unit in a
structured living environment which use is conditioned upon
compliance with the transitional housing program rules and
regulations.

(3) A rule or regulation which specifies an occupancy period
of not less than 30 days, but not more than 24 months.

 

Article begin insert 2. end insert   Temporary Restraining Order and Injunction

 

begin insert 1954.13. end insert   

(a)  The program operator may seek, on its own
behalf or on behalf of other participants, project employees, or
persons residing within 100 feet of the program site, a temporary
restraining order and an injunction prohibiting abuse or program
misconduct as provided in this chapter. A program operator may
not seek a temporary restraining order, pursuant to this section,
against a participant after the participant has been under contract
with the program operator for at least six months or longer, except
when an action is pending against the participant or a temporary
restraining order is in effect and subject to further orders. Nothing
in this section shall be construed to authorize a person residing
within 100 feet of the program site to seek a temporary restraining
order or injunction under this chapter.

(b)  Upon filing a petition for an injunction under this chapter,
the program operator may obtain a temporary restraining order
in accordance with the provisions of this section. No temporary
restraining order shall be issued without notice to the opposite
party, unless it shall appear from the facts shown by the affidavit
that great or irreparable harm would result to the program
operator, a program participant, or an individual residing within
100 feet of the program site before the matter can be heard on
notice. The program operator or the program operator’s attorney
shall state in an affidavit to the court (1) that within a reasonable
time prior to the application for a temporary restraining order he
or she informed the opposing party or his or her attorney at what
time and where the application would be made, (2) that he or she
in good faith attempted to so inform the opposing party and his
or her attorney but was unable to so inform the opposing attorney
or his or her party, specifying the efforts made to contact them, or
(3) that for reasons specified he or she should not be required to
inform the opposing party or his or her attorney.

A temporary restraining order may be granted upon an affidavit
which, to the satisfaction of the court, shows reasonable proof of
program misconduct or abuse by the participant, and that great
or irreparable harm would result. A temporary restraining order
granted under this section shall remain in effect, at the court’s
discretion, for a period not to exceed five days, unless otherwise
modified, extended, or terminated by the court.

(c)  The matter shall be made returnable on an order requiring
cause to be shown why the injunction should not be granted, not
later than five days from the date of the order. When the matter
comes up for hearing, the party who obtained the temporary
restraining order shall be ready to proceed and shall have
personally served upon the opposite party at least two days prior
to the hearing, a copy of the petition, a copy of the temporary
restraining order, if any, the notice of hearing, copies of all
affidavits to be used in the application, and a copy of any points
and authorities in support of the petition. If the party who obtained
the temporary restraining order is not ready, or if he or she fails
to serve a copy of his or her petition, affidavits, and points and
authorities, as herein required, the court shall dissolve the
temporary restraining order. The court may, upon the filing of an
affidavit by the program operator or his or her attorney, that the
participant could not be served on time, reissue any temporary
restraining order previously issued pursuant to this section and
dissolved by the court for failure to serve the participant. An order
reissued under this section shall state on its face the new date of
expiration of the order. No fees shall be charged for the reissuance
of any order under this section. The participant shall be entitled
to a continuance, provided that the request is made on or before
the hearing date and the hearing shall be set for a date within 15
days of the application, unless the participant requests a later
date. The court may extend, or modify and extend, any temporary
restraining order until the date and time upon which the hearing
is held. The participant may file a response which explains,
excuses, justifies, or denies the alleged conduct. No fee shall be
charged for the filing of a response. At the hearing, the judge shall
receive any testimony or evidence that is relevant, and may make
an independent inquiry. If the judge finds by clear and convincing
evidence that program misconduct or abuse exists, an injunction
shall issue prohibiting that conduct. An injunction issued pursuant
to this section shall have a duration of not more than one year. At
any time within the three months before the expiration of the
injunction, the program operator may apply for renewal of the
injunction by filing a new petition for an injunction under this
section.

(d)  In addition to orders restraining abuse, the court may, upon
clear and convincing evidence of abuse, issue an order excluding
the participant from the program site, or restraining the participant
from coming within 200 feet of the program site, upon an affidavit
which, to the satisfaction of the court, shows clear and convincing
evidence of abuse of a project employee, another participant, or
a person who resides within 100 feet of the program site, by the
participant and that great or irreparable injury would result to
one of these individuals if the order is not issued. An order
excluding the participant from the program site may be included
in the temporary restraining order only in an emergency where it
is necessary to protect another participant, a project employee,
or an individual who lives within 100 feet of the project site from
imminent serious bodily injury.

(e)  Nothing in this chapter shall preclude either party from
representation by private counsel or from appearing on his or her
own behalf.

(f)  The notice of hearing specified in subdivision (c) shall
contain on its face the name and phone number of an office funded
by the federal Legal Services Corporation which provides legal
services to low income persons in the county in which the action
is filed. The notice shall indicate that this number may be called
for legal advice concerning the filing of a response to the petition.

(g)  Nothing in this chapter shall preclude the program
operator’s right to utilize other existing civil remedies. An order
issued under this section shall not affect the rights of anyone not
named in the order.

begin insert 1954.14. end insert   

(a)  The clerk shall transmit a copy of each temporary
restraining order or injunction or modification or termination
thereof, granted under this chapter, by the close of the business
day on which the order was granted, to the law enforcement
agencies having jurisdiction over the program site. Each law
enforcement agency may make available information as to the
existence and current status of these orders to law enforcement
officers responding to the scene of reported abuse or program
misconduct.

(b)  Any willful disobedience of any temporary restraining order
or injunction granted under this section shall be a misdemeanor
pursuant to Section 166 of the Penal Code.

(c)  If a participant is found in contempt of a court order issued
pursuant to this section, the court may, in addition to any other
punishment, modify the order to exclude the participant from the
program site.

begin insert 1954.15. end insert   

If a participant has violated an order issued under
Section 1954.13, the participant shall be considered to have failed
to perform the conditions of the agreement under which the
property is held as provided in subsection 3 of Section 1161 of the
Code of Civil Procedure, which conditions cannot afterward be
performed.

begin insert 1954.16. end insert   

The Judicial Council shall promulgate forms and
related instructions to implement the procedures required by this
chapter. The petition and response forms shall be simple and
concise.

 

Article begin insert 3. end insert   Recovery of Dwelling

 

begin insert 1954.17. end insert   

If, after hearing pursuant to this chapter, an order
excluding the participant from the program site is issued, the
program operator may, without further notice, take possession of
the participant’s dwelling unit on the program site. The program
operator shall have the same rights to the dwelling unit as if it had
been recovered after abandonment in accordance with Section
1951.3 and without objection of the participant. If other
participants, including the defendant participant’s family members,
reside in the dwelling unit, the abandonment shall be deemed only
to affect the rights of the individual or individuals against whom
the order was issued.

begin insert 1954.18. end insert   

If the program operator takes possession of the
property, pursuant to this article, the program operator shall give
the subject participant a reasonable opportunity to remove the
participant’s property from his or her dwelling unit on the program
site, and, thereafter, the program operator may consider the
remaining subject participant’s property to be abandoned property
pursuant to Chapter 5 (commencing with Section 1980).

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 1952.7 of the end insert begin insert Civil Code end insert begin insert is amended to read: end insert

1952.7.  

(a) (1) Any term in a lease that is executed, renewed,
or extended on or after January 1, 2015, that conveys any
possessory interest in commercial property that either prohibits or
unreasonably restricts the installation or use of an electric vehicle
charging station in a parking space associated with the commercial
property, or that is otherwise in conflict with the provisions of this
section, is void and unenforceable.

(2) This subdivision does not apply to provisions that impose
reasonable restrictions on the installation of electric vehicle
charging stations. However, it is the policy of the state to promote,
encourage, and remove obstacles to the use of electric vehicle
charging stations.

(3) This subdivision shall not grant the holder of a possessory
interest under the lease described in paragraph (1) the right to
install electric vehicle charging stations in more parking spaces
than are allotted to the leaseholder in his or her lease, or, if no
parking spaces are allotted, a number of parking spaces determined
by multiplying the total number of parking spaces located at the
commercial property by a fraction, the denominator of which is
the total rentable square feet at the property, and the numerator of
which is the number of total square feet rented by the leaseholder.

(4) If the installation of an electric vehicle charging station has
the effect of granting the leaseholder a reserved parking space and
a reserved parking space is not allotted to the leaseholder in the
lease, the owner of the commercial property may charge a
reasonable monthly rental amount for the parking space.

(b) This section shall not apply to any of the following:

(1) A commercial property where charging stations already exist
for use by tenants in a ratio that is equal to or greater than two
available parking spaces for every 100 parking spaces at the
commercial property.

(2) A commercial property where there are less than 50 parking
spaces.

(c) For purposes of this section:

(1) “Electric vehicle charging station” or “charging station”
means a station that is designed in compliance with Article 625 of
the begin delete National Electrical Code, end delete begin insert California Electrical Code, end insert as it
reads on the effective date of this section, and delivers electricity
from a source outside an electric vehicle into one or more electric
vehicles.

(2) “Reasonable costs” includes, but is not limited to, costs
associated with those items specified in the “Permitting Checklist”
of the “Zero-Emission Vehicles in California: Community
Readiness Guidebook” published by the Office of Planning and
Research.

(3) “Reasonable restrictions” or “reasonable standards” are
restrictions or standards that do not significantly increase the cost
of the electric vehicle charging station or its installation or
significantly decrease the charging station’s efficiency or specified
performance.

(d) An electric vehicle charging station shall meet applicable
health and safety standards and requirements imposed by state and
local authorities as well as all other applicable zoning, land use,
or other ordinances, or land use permit requirements.

(e) If lessor approval is required for the installation or use of an
electric vehicle charging station, the application for approval shall
not be willfully avoided or delayed. The approval or denial of an
application shall be in writing.

(f) An electric vehicle charging station installed by a lessee shall
satisfy the following provisions:

(1) If lessor approval is required, the lessee first shall obtain
approval from the lessor to install the electric vehicle charging
station and the lessor shall approve the installation if the lessee
complies with the applicable provisions of the lease consistent
with the provisions of this section and agrees in writing to do all
of the following:

(A) Comply with the lessor’s reasonable standards for the
installation of the charging station.

(B) Engage a licensed contractor to install the charging station.

(C) Within 14 days of approval, provide a certificate of
insurance that names the lessor as an additional insured under the
lessee’s insurance policy in the amount set forth in paragraph (3).

(2) The lessee shall be responsible for all of the following:

(A) Costs for damage to property and the charging station
resulting from the installation, maintenance, repair, removal, or
replacement of the charging station.

(B) Costs for the maintenance, repair, and replacement of the
charging station.

(C) The cost of electricity associated with the charging station.

(3) The lessee at all times, shall maintain a lessee liability
coverage policy in the amount of one million dollars ($1,000,000),
and shall name the lessor as a named additional insured under the
policy with a right to notice of cancellation and property insurance
covering any damage or destruction caused by the charging station,
naming the lessor as its interests may appear.

(g) A lessor may, in its sole discretion, create a new parking
space where one did not previously exist to facilitate the installation
of an electric vehicle charging station, in compliance with all
applicable laws.

(h) Any installation by a lessor or a lessee of an electric vehicle
charging station in a common interest development is also subject
to all of the requirements of subdivision (f) of Section 4745 of the
Civil Code.

begin delete SECTION 1. end delete

begin insert SEC. 4. end insert   

Section 4270 of the Civil Code is amended to read:

4270.  

(a) A declaration may be amended pursuant to the
declaration or this act. Except where an alternative process for
approving, certifying, or recording an amendment is provided in
Section 4225, 4230, 4235, or 4275, an amendment is effective
after all of the following requirements have been met:

(1) The amendment has been approved by the percentage of
members required by the declaration and any other person whose
approval is required by the declaration.

(2) That fact has been certified in a writing executed and
acknowledged by the officer designated in the declaration or by
the association for that purpose, or if no one is designated, by the
president of the association.

(3) The amendment has been recorded in each county in which
a portion of the common interest development is located.

(b) If the declaration does not specify the percentage of members
who must approve an amendment of the declaration, an amendment
may be approved by a majority of all members, pursuant to Section
4065.

begin delete SEC. 2. end delete

begin insert SEC. 5. end insert   

Section 4750.10 of the Civil Code is amended and
renumbered to read:

4753.  

(a) For the purposes of this section, “clothesline”
includes a cord, rope, or wire from which laundered items may be
hung to dry or air. A balcony, railing, awning, or other part of a
structure or building shall not qualify as a clothesline.

(b) For the purposes of this section, “drying rack” means an
apparatus from which laundered items may be hung to dry or air.
A balcony, railing, awning, or other part of a structure or building
shall not qualify as a drying rack.

(c) Any provision of a governing document, as defined in
Section 4150, shall be void and unenforceable if it effectively
prohibits or unreasonably restricts an owner’s ability to use a
clothesline or drying rack in the owner’s backyard.

(d) (1) This section does not apply to provisions that impose
reasonable restrictions on an owner’s backyard for the use of a
clothesline or drying rack.

(2) For purposes of this section, “reasonable restrictions” are
restrictions that do not significantly increase the cost of using a
clothesline or drying rack.

(3) This section applies only to backyards that are designated
for the exclusive use of the owner.

(e) Nothing in this section shall prohibit an association from
establishing and enforcing reasonable rules governing clotheslines
or drying racks.

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 5300 of the end insert begin insert Civil Code end insert begin insert , as added by Section 2
of Chapter 184 of the Statutes of 2015, is amended to read: end insert

5300.  

(a) Notwithstanding a contrary provision in the
governing documents, an association shall distribute an annual
budget report 30 to 90 days before the end of its fiscal year.

(b) Unless the governing documents impose more stringent
standards, the annual budget report shall include all of the
following information:

(1) A pro forma operating budget, showing the estimated
revenue and expenses on an accrual basis.

(2) A summary of the association’s reserves, prepared pursuant
to Section 5565.

(3) A summary of the reserve funding plan adopted by the board,
as specified in paragraph (5) of subdivision (b) of Section 5550.
The summary shall include notice to members that the full reserve
study plan is available upon request, and the association shall
provide the full reserve plan to any member upon request.

(4) A statement as to whether the board has determined to defer
or not undertake repairs or replacement of any major component
with a remaining life of 30 years or less, including a justification
for the deferral or decision not to undertake the repairs or
replacement.

(5) A statement as to whether the board, consistent with the
reserve funding plan adopted pursuant to Section 5560, has
determined or anticipates that the levy of one or more special
assessments will be required to repair, replace, or restore any major
component or to provide adequate reserves therefor. If so, the
statement shall also set out the estimated amount, commencement
date, and duration of the assessment.

(6) A statement as to the mechanism or mechanisms by which
the board will fund reserves to repair or replace major components,
including assessments, borrowing, use of other assets, deferral of
selected replacements or repairs, or alternative mechanisms.

(7) A general statement addressing the procedures used for the
calculation and establishment of those reserves to defray the future
repair, replacement, or additions to those major components that
the association is obligated to maintain. The statement shall
include, but need not be limited to, reserve calculations made using
the formula described in paragraph (4) of subdivision (b) of Section
5570, and may not assume a rate of return on cash reserves in
excess of 2 percent above the discount rate published by the Federal
Reserve Bank of San Francisco at the time the calculation was
made.

(8) A statement as to whether the association has any outstanding
loans with an original term of more than one year, including the
payee, interest rate, amount outstanding, annual payment, and
when the loan is scheduled to be retired.

(9) A summary of the association’s property, general liability,
earthquake, flood, and fidelity insurance policies. For each policy,
the summary shall include the name of the insurer, the type of
insurance, the policy limit, and the amount of the deductible, if
any. To the extent that any of the required information is specified
in the insurance policy declaration page, the association may meet
its obligation to disclose that information by making copies of that
page and distributing it with the annual budget report. The
summary distributed pursuant to this paragraph shall contain, in
at least 10-point boldface type, the following statement:

“This summary of the association’s policies of insurance provides
only certain information, as required by Section 5300 of the Civil
Code, and should not be considered a substitute for the complete
policy terms and conditions contained in the actual policies of
insurance. Any association member may, upon request and
provision of reasonable notice, review the association’s insurance
policies and, upon request and payment of reasonable duplication
charges, obtain copies of those policies. Although the association
maintains the policies of insurance specified in this summary, the
association’s policies of insurance may not cover your property,
including personal property or real property improvements to or
around your dwelling, or personal injuries or other losses that occur
within or around your dwelling. Even if a loss is covered, you may
nevertheless be responsible for paying all or a portion of any
deductible that applies. Association members should consult with
their individual insurance broker or agent for appropriate additional
coverage.”

(10) When the common interest development is a condominium
project, a statement describing the status of the common interest
development as a Federal Housing Administration (FHA)-approved
condominium project pursuant to FHA guidelines, including
whether the common interest development is an FHA-approved
condominium project. The statement shall be in at least 10-point
font on a separate piece of paper and in the following form:

“Certification by the Federal Housing Administration may
provide benefits to members of an association, including an
improvement in an owner’s ability to refinance a mortgage or
obtain secondary financing and an increase in the pool of potential
buyers of the separate interest.

begin delete

This common interest development [is/is not (circle one)] a
condominium project. The

end delete

begin insert The end insert association of this common interest development [is/is not
(circle one)] certified by the Federal Housing Administration.”

(11) When the common interest development is a condominium
project, a statement describing the status of the common interest
development as a federal Department of Veterans Affairs
(VA)-approved condominium project pursuant to VA guidelines,
including whether the common interest development is a
VA-approved condominium project. The statement shall be in at
least 10-point font on a separate piece of paper and in the following
form:

“Certification by the federal Department of Veterans Affairs
may provide benefits to members of an association, including an
improvement in an owner’s ability to refinance a mortgage or
obtain secondary financing and an increase in the pool of potential
buyers of the separate interest.

begin delete

This common interest development [is/is not (circle one)] a
condominium project. The

end delete

begin insert The end insert association of this common interest development [is/is not
(circle one)] certified by the federal Department of Veterans
Affairs.”

(c) The annual budget report shall be made available to the
members pursuant to Section 5320.

(d) The summary of the association’s reserves disclosed pursuant
to paragraph (2) of subdivision (b) shall not be admissible in
evidence to show improper financial management of an association,
provided that other relevant and competent evidence of the financial
condition of the association is not made inadmissible by this
provision.

(e) The Assessment and Reserve Funding Disclosure Summary
form, prepared pursuant to Section 5570, shall accompany each
annual budget report or summary of the annual budget report that
is delivered pursuant to this article.

(f) This section shall become operative on July 1, 2016.

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 5570 of the end insert begin insert Civil Code end insert begin insert is amended to read: end insert

5570.  

(a) The disclosures required by this article with regard
to an association or a property shall be summarized on the
following form:

Assessment and Reserve Funding Disclosure Summary For the
Fiscal Year Ending _____

(1)  The regular assessment per ownership interest is $_____
per ____. Note: If assessments vary by the size or type of
ownership interest, the assessment applicable to this ownership
interest may be found on page _____ of the attached summary.

(2)  Additional regular or special assessments that have already
been scheduled to be imposed or charged, regardless of the purpose,
if they have been approved by the board and/or members:

 

Date assessment will be due:	Amount per ownership interest per month or year (If assessments are variable, see note immediately below):	Purpose of the assessment:
	Total:

 

Note: If assessments vary by the size or type of ownership
interest, the assessment applicable to this ownership interest may
be found on page ____ of the attached report.

(3)  Based upon the most recent reserve study and other
information available to the board of directors, will currently
projected reserve account balances be sufficient at the end of each
year to meet the association’s obligation for repair and/or
replacement of major components during the next 30 years?

Yes _____   No _____

(4)  If the answer to (3) is no, what additional assessments or
other contributions to reserves would be necessary to ensure that
sufficient reserve funds will be available each year during the next
30 years that have not yet been approved by the board or the
members?

 

Approximate date assessment will be due:	Amount per ownership interest per month or year:
	Total:

 

(5)  All major components are included in the reserve study and
are included in its calculations.

(6) Based on the method of calculation in paragraph (4) of
subdivision (b) of Section 5570, the estimated amount required in
the reserve fund at the end of the current fiscal year is $____, based
in whole or in part on the last reserve study or update prepared by
____ as of ____ (month), ____ (year). The projected reserve fund
cash balance at the end of the current fiscal year is $____, resulting
in reserves being ____ percent funded at this date.

If an alternate, but generally accepted, method of calculation is
also used, the required reserve amount is $____. (See attached
explanation)

(7) Based on the method of calculation in paragraph (4) of
subdivision (b) of Section 5570 of the Civil Code, the estimated
amount required in the reserve fund at the end of each of the next
five budget years is $______, and the projected reserve fund cash
balance in each of those years, taking into account only assessments
already approved and other known revenues, is $______, leaving
the reserve at ______ percent funded. If the reserve funding plan
approved by the association is implemented, the projected reserve
fund cash balance in each of those years will be $______, leaving
the reserve at ______ percent funded.

Note: The financial representations set forth in this summary
are based on the best estimates of the preparer at that time. The
estimates are subject to change. At the time this summary was
prepared, the assumed long-term before-tax interest rate earned
on reserve funds was ____ percent per year, and the assumed
long-term inflation rate to be applied to major component repair
and replacement costs was ____ percent per year.

(b) For the purposes of preparing a summary pursuant to this
section:

(1) “Estimated remaining useful life” means the time reasonably
calculated to remain before a major component will require
replacement.

(2) “Major component” has the meaning used in Section begin delete 55530. end delete
begin insert 5550. end insert Components with an estimated remaining useful life of more
than 30 years may be included in a study as a capital asset or
disregarded from the reserve calculation, so long as the decision
is revealed in the reserve study report and reported in the
Assessment and Reserve Funding Disclosure Summary.

(3) The form set out in subdivision (a) shall accompany each
annual budget report or summary thereof that is delivered pursuant
to Section 5300. The form may be supplemented or modified to
clarify the information delivered, so long as the minimum
information set out in subdivision (a) is provided.

(4) For the purpose of the report and summary, the amount of
reserves needed to be accumulated for a component at a given time
shall be computed as the current cost of replacement or repair
multiplied by the number of years the component has been in
service divided by the useful life of the component. This shall not
be construed to require the board to fund reserves in accordance
with this calculation.

begin delete SEC. 3. end delete

begin insert SEC. 8. end insert   

Section 12955.9 of the Government Code is amended
to read:

12955.9.  

(a) The provisions of this part relating to
discrimination on the basis of familial status shall not apply to
housing for older persons.

(b) As used in this section, “housing for older persons” means
any of the following:

(1) Housing provided under any state or federal program that
the Secretary of Housing and Urban Development determines is
specifically designed and operated to assist elderly persons, as
defined in the state or federal program.

(2) Housing that meets the standards for senior housing in
Sections 51.2, 51.3, and 51.4 of the Civil Code, except to the extent
that those standards violate the prohibition of familial status
discrimination in the federal Fair Housing Amendments Act of
1988 (Public Law 100-430) and implementing regulations.

(3) Mobilehome parks that meet the standards for “housing for
older persons” as defined in the federal Fair Housing Act, as
amended by Public Law 104-76, and implementing regulations.

(c) For purposes of this section, the burden of proof shall be on
the owner to prove that the housing qualifies as housing for older
persons.

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 65863.10 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

65863.10.  

(a) As used in this section, the following terms have
the following meanings:

(1) “Affected public entities” means the mayor of the city in
which the assisted housing development is located, or, if located
in an unincorporated area, the chair of the board of supervisors of
the county; the appropriate local public housing authority, if any;
and the Department of Housing and Community Development.

(2) “Affected tenant” means a tenant household residing in an
assisted housing development, as defined in paragraph (3), at the
time notice is required to be provided pursuant to this section, that
benefits from the government assistance.

(3) “Assisted housing development” means a multifamily rental
housing development that receives governmental assistance under
any of the following programs:

(A) New construction, substantial rehabilitation, moderate
rehabilitation, property disposition, and loan management set-aside
programs, or any other program providing project-based assistance,
under Section 8 of the United States Housing Act of 1937, as
amended (42 U.S.C. Sec. 1437f).

(B) The following federal programs:

(i) The Below-Market-Interest-Rate Program under Section
221(d)(3) of the National Housing Act (12 U.S.C. Sec. 1715 l(d)(3)
and (5)).

(ii) Section 236 of the National Housing Act (12 U.S.C. Sec.
1715z-1).

(iii) Section 202 of the Housing Act of 1959 (12 U.S.C. Sec.
1701q).

(C) Programs for rent supplement assistance under Section 101
of the Housing and Urban Development Act of 1965, as amended
(12 U.S.C. Sec. 1701s).

(D) Programs under Sections 514, 515, 516, 533, and 538 of
the Housing Act of 1949, as amended (42 U.S.C. Sec. 1485).

(E) Section 42 of the Internal Revenue Code.

(F) Section 142(d) of the Internal Revenue Code begin insert or its
predecessors end insert (tax-exempt private activity mortgage revenue bonds).

(G) Section 147 of the Internal Revenue Code (Section 501(c)(3)
bonds).

(H) Title I of the Housing and Community Development Act
of 1974, as amended (Community Development Block Grant
Program).

(I) Title II of the Cranston-Gonzalez National Affordable
Housing Act of 1990, as amended (HOME Investment Partnership
Program).

(J) Titles IV and V of the McKinney-Vento Homeless Assistance
Act of 1987, as amended, including the Department of Housing
and Urban Development’s Supportive Housing Program, Shelter
Plus Care Program, and surplus federal property disposition
program.

(K) Grants and loans made by the Department of Housing and
Community Development, including the Rental Housing
Construction Program, CHRP-R, and other rental housing finance
programs.

(L) Chapter 1138 of the Statutes of 1987.

(M) The following assistance provided by counties or cities in
exchange for restrictions on the maximum rents that may be
charged for units within a multifamily rental housing development
and on the maximum tenant income as a condition of eligibility
for occupancy of the unit subject to the rent restriction, as reflected
by a recorded agreement with a county or city:

(i) Loans or grants provided using tax increment financing
pursuant to the Community Redevelopment Law (Part 1
(commencing with Section 33000) of Division 24 of the Health
and Safety Code).

(ii) Local housing trust funds, as referred to in paragraph (3) of
subdivision (a) of Section 50843 of the Health and Safety Code.

(iii) The sale or lease of public property at or below market
rates.

(iv) The granting of density bonuses, or concessions or
incentives, including fee waivers, parking variances, or
amendments to general plans, zoning, or redevelopment project
area plans, pursuant to Chapter 4.3 (commencing with Section
65915).

Assistance pursuant to this subparagraph shall not include the
use of tenant-based Housing Choice Vouchers (Section 8(o) of the
United States Housing Act of 1937, 42 U.S.C. Sec. 1437f(o),
excluding subparagraph (13) relating to project-based assistance).
Restrictions shall not include any rent control or rent stabilization
ordinance imposed by a county, city, or city and county.

(4) “City” means a general law city, a charter city, or a city and
county.

(5) “Expiration of rental restrictions” means the expiration of
rental restrictions for an assisted housing development described
in paragraph (3) unless the development has other recorded
agreements restricting the rent to the same or lesser levels for at
least 50 percent of the units.

(6) “Low or moderate income” means having an income as
defined in Section 50093 of the Health and Safety Code.

(7) “Prepayment” means the payment in full or refinancing of
the federally insured or federally held mortgage indebtedness prior
to its original maturity date, or the voluntary cancellation of
mortgage insurance, on an assisted housing development described
in paragraph (3) that would have the effect of removing the current
rent or occupancy or rent and occupancy restrictions contained in
the applicable laws and the regulatory agreement.

(8) “Termination” means an owner’s decision not to extend or
renew its participation in a federal, state, or local government
subsidy program or private, nongovernmental subsidy program
for an assisted housing development described in paragraph (3),
either at or prior to the scheduled date of the expiration of the
contract, that may result in an increase in tenant rents or a change
in the form of the subsidy from project-based to tenant-based.

(9) “Very low income” means having an income as defined in
Section 50052.5 of the Health and Safety Code.

(b) (1) At least 12 months prior to the anticipated date of the
termination of a subsidy contract, the expiration of rental
restrictions, or prepayment on an assisted housing development,
the owner proposing the termination or prepayment of
governmental assistance or the owner of an assisted housing
development in which there will be the expiration of rental
restrictions shall provide a notice of the proposed change to each
affected tenant household residing in the assisted housing
development at the time the notice is provided and to the affected
public entities. An owner who meets the requirements of Section
65863.13 shall be exempt from providing that notice. The notice
shall contain all of the following:

(A) In the event of termination, a statement that the owner
intends to terminate the subsidy contract or rental restrictions upon
its expiration date, or the expiration date of any contract extension
thereto.

(B) In the event of the expiration of rental restrictions, a
statement that the restrictions will expire, and in the event of
prepayment, termination, or the expiration of rental restrictions
whether the owner intends to increase rents during the 12 months
following prepayment, termination, or the expiration of rental
restrictions to a level greater than permitted under Section 42 of
the Internal Revenue Code.

(C) In the event of prepayment, a statement that the owner
intends to pay in full or refinance the federally insured or federally
held mortgage indebtedness prior to its original maturity date, or
voluntarily cancel the mortgage insurance.

(D) The anticipated date of the termination, prepayment of the
federal or other program or expiration of rental restrictions, and
the identity of the federal or other program described in subdivision
(a).

(E) A statement that the proposed change would have the effect
of removing the current low-income affordability restrictions in
the applicable contract or regulatory agreement.

(F) A statement of the possibility that the housing may remain
in the federal or other program after the proposed date of
termination of the subsidy contract or prepayment if the owner
elects to do so under the terms of the federal government’s or other
program operator’s offer.

(G) A statement whether other governmental assistance will be
provided to tenants residing in the development at the time of the
termination of the subsidy contract or prepayment.

(H) A statement that a subsequent notice of the proposed change,
including anticipated changes in rents, if any, for the development,
will be provided at least six months prior to the anticipated date
of termination of the subsidy contract, or expiration of rental
restrictions, or prepayment.

(I) A statement of notice of opportunity to submit an offer to
purchase, as required in Section 65863.11.

(2) Notwithstanding paragraph (1), if an owner provides a copy
of a federally required notice of termination of a subsidy contract
or prepayment at least 12 months prior to the proposed change to
each affected tenant household residing in the assisted housing
development at the time the notice is provided and to the affected
public entities, the owner shall be deemed in compliance with this
subdivision, if the notice is in compliance with all federal laws.
However, the federally required notice does not satisfy the
requirements of Section 65863.11.

(c) (1) At least six months prior to the anticipated date of
termination of a subsidy contract, expiration of rental restrictions
or prepayment on an assisted housing development, the owner
proposing the termination or prepayment of governmental
assistance or the owner of an assisted housing development in
which there will be the expiration of rental restrictions shall provide
a notice of the proposed change to each affected tenant household
residing in the assisted housing development at the time the notice
is provided and to the affected public entities. An owner who meets
the requirements of Section 65863.13 shall be exempt from
providing that notice.

(2) The notice to the tenants shall contain all of the following:

(A) The anticipated date of the termination or prepayment of
the federal or other program, or the expiration of rental restrictions,
and the identity of the federal or other program, as described in
subdivision (a).

(B) The current rent and rent anticipated for the unit during the
12 months immediately following the date of the prepayment or
termination of the federal or other program, or expiration of rental
restrictions.

(C) A statement that a copy of the notice will be sent to the city,
county, or city and county, where the assisted housing development
is located, to the appropriate local public housing authority, if any,
and to the Department of Housing and Community Development.

(D) A statement of the possibility that the housing may remain
in the federal or other program after the proposed date of subsidy
termination or prepayment if the owner elects to do so under the
terms of the federal government’s or other program administrator’s
offer or that a rent increase may not take place due to the expiration
of rental restrictions.

(E) A statement of the owner’s intention to participate in any
current replacement subsidy program made available to the affected
tenants.

(F) The name and telephone number of the city, county, or city
and county, the appropriate local public housing authority, if any,
the Department of Housing and Community Development, and a
legal services organization, that can be contacted to request
additional written information about an owner’s responsibilities
and the rights and options of an affected tenant.

(3) In addition to the information provided in the notice to the
affected tenant, the notice to the affected public entities shall
contain information regarding the number of affected tenants in
the project, the number of units that are government assisted and
the type of assistance, the number of the units that are not
government assisted, the number of bedrooms in each unit that is
government assisted, and the ages and income of the affected
tenants. The notice shall briefly describe the owner’s plans for the
project, including any timetables or deadlines for actions to be
taken and specific governmental approvals that are required to be
obtained, the reason the owner seeks to terminate the subsidy
contract or prepay the mortgage, and any contacts the owner has
made or is making with other governmental agencies or other
interested parties in connection with the notice. The owner shall
also attach a copy of any federally required notice of the
termination of the subsidy contract or prepayment that was
provided at least six months prior to the proposed change. The
information contained in the notice shall be based on data that is
reasonably available from existing written tenant and project
records.

(d) The owner proposing the termination or prepayment of
governmental assistance or the owner of an assisted housing
development in which there will be the expiration of rental
restrictions shall provide additional notice of any significant
changes to the notice required by subdivision (c) within seven
business days to each affected tenant household residing in the
assisted housing development at the time the notice is provided
and to the affected public entities. “Significant changes” shall
include, but not be limited to, any changes to the date of
termination or prepayment, or expiration of rental restrictions or
the anticipated new rent.

(e) An owner who is subject to the requirements of this section
shall also provide a copy of any notices issued to existing tenants
pursuant to subdivision (b), (c), or (d) to any prospective tenant at
the time he or she is interviewed for eligibility.

(f) This section shall not require the owner to obtain or acquire
additional information that is not contained in the existing tenant
and project records, or to update any information in his or her
records. The owner shall not be held liable for any inaccuracies
contained in these records or from other sources, nor shall the
owner be liable to any party for providing this information.

(g) For purposes of this section, service of the notice to the
affected tenants, the city, county, or city and county, the appropriate
local public housing authority, if any, and the Department of
Housing and Community Development by the owner pursuant to
subdivisions (b) to (e), inclusive, shall be made by first-class mail
postage prepaid.

(h) Nothing in this section shall enlarge or diminish the
authority, if any, that a city, county, city and county, affected
tenant, or owner may have, independent of this section.

(i) If, prior to January 1, 2001, the owner has already accepted
a bona fide offer from a qualified entity, as defined in subdivision
(c) of Section 65863.11, and has complied with this section as it
existed prior to January 1, 2001, at the time the owner decides to
sell or otherwise dispose of the development, the owner shall be
deemed in compliance with this section.

(j) Injunctive relief shall be available to any party identified in
paragraph (1) or (2) of subdivision (a) who is aggrieved by a
violation of this section.

(k) The Director of Housing and Community Development shall
approve forms to be used by owners to comply with subdivisions
(b) and (c). Once the director has approved the forms, an owner
shall use the approved forms to comply with subdivisions (b) and
(c).

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 18080.5 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

18080.5.  

(a) A numbered report of sale, lease, or rental form
issued by the department shall be submitted each time the following
transactions occur by or through a dealer:

(1) Whenever a manufactured home, mobilehome, or
commercial coach previously registered pursuant to this part is
sold, leased with an option to buy, or otherwise transferred.

(2) Whenever a manufactured home, mobilehome, or
commercial coach not previously registered in this state is sold,
rented, leased, leased with an option to buy, or otherwise
transferred.

(b) The numbered report of sale, lease, or rental forms shall be
used and distributed in accordance with the following terms and
conditions:

(1) A copy of the form shall be delivered to the purchaser.

(2) All fees and penalties due for the transaction that were
required to be reported with the report of sale, lease, or rental form
shall be paid to the department within 10 calendar days from the
date the transaction is completed, as specified by subdivision (e).
Penalties due for noncompliance with this paragraph shall be paid
by the dealer. The dealer shall not charge the consumer for those
penalties.

(3) Notice of the registration or transfer of a manufactured home
or mobilehome shall be reported pursuant to subdivision (d).

(4) The original report of sale, lease, or rental form, together
with all required documents to report the transaction or make
application to register or transfer a manufactured home,
mobilehome, or commercial coach, shall be forwarded to the
department. Any application shall be submitted within 10 calendar
days from the date the transaction was required to be reported, as
defined by subdivision (e).

(c) A manufactured home, mobilehome, or commercial coach
displaying a copy of the report of sale, lease, or rental may be
occupied without registration decals or registration card until the
registration decals and registration card are received by the
purchaser.

(d) In addition to the other requirements of this section, every
dealer upon transferring by sale, lease, or otherwise any
manufactured home or mobilehome shall, not later than the 10th
calendar day thereafter, not counting the date of sale, give written
notice of the transfer to the assessor of the county where the
manufactured home or mobilehome is to be installed. The written
notice shall be upon forms provided by the department containing
any information that the department may require, after consultation
with the assessors. Filing of a copy of the notice with the assessor
in accordance with this section shall be in lieu of filing a change
of ownership statement pursuant to Sections 480 and 482 of the
Revenue and Taxation Code.

(e) Except for transactions subject to Section 18035.26, for
purposes of this section, a transaction by or through a dealer shall
be deemed completed and consummated and any fees and the
required report of sale, lease, or rental are due when any of the
following occurs:

(1) The purchaser of any commercial coach has signed a
purchase contract or security agreement or paid any purchase price,
the lessee of a new commercial coach has signed a lease agreement
or lease with an option to buy or paid any purchase price, or the
lessee of a used commercial coach has either signed a lease with
an option to buy or paid any purchase price, and the purchaser or
lessee has taken physical possession or delivery of the commercial
coach.

(2) For sales subject to Section 18035, when all the amounts
other than escrow fees and amounts for uninstalled or undelivered
accessories are disbursed from the escrow account.

(3) For sales subject to Section 18035.2, when the installation
is complete and a certificate of occupancy is issued.

(f) The department shall charge a fee, not to exceed forty-five
dollars ($45), for processing the notice of disposal and any
information required for completing the disposal process required
pursuant to Section 798.56a and 798.61 of the Civil Code.

begin insert

(g) Notwithstanding any other law, the Department of Housing
and Community Development may adopt guidelines related to
procedures and forms to implement the new disposal procedures
in Chapter 376 of the Statutes of 2015, until regulations are
adopted by the department to replace those guidelines.

end insert

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 18935 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

18935.  

(a)  Notice of proposed building standards shall be
given and hearings shall be held by the adopting agencies, as
required by the Administrative Procedure Act, prior to the adoption
of the building standards and submission to the commission for
approval. The notice of proposed building standards and the initial
statement of reasons for the proposed building standards shall
comply with Article 5 (commencing with Section 11346) of
Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government
Code. The adopting agency or state agency that proposes the
building standards shall submit the notice and initial statement of
reasons for proposed building standards to the California Building
Standards Commission, which shall review them for compliance
with Article 5 (commencing with Section 11346) of Chapter 3.5
of Part 1 of Division 3 of Title 2 of the Government Code. If the
commission determines that the adopting agency or state agency
that proposes the building standards has complied with Article 5
(commencing with Section 11346) of Chapter 3.5 of Part 1 of
Division 3 of Title 2 of the Government Code, the commission
shall approve the notice and initial statement of reasons for
proposed building standards, and submit begin delete them end delete begin insert the notice end insert to the
Office of Administrative Law for the sole purpose of inclusion in
the California Regulatory Notice Register. The Office of
Administrative Law shall publish only those notices of proposed
building standards which have been approved by, and submitted
to, the office by the California Building Standards Commission.

(b)  In order to ensure an absence of conflict between hearings
and a maximum opportunity for interested parties to be heard, no
hearings by adopting agencies shall be conducted unless the time
and place thereof has been approved in writing by the commission
prior to public notices of the hearing being given by the adopting
agencies.

(c)  If, after building standards are submitted to the commission
for approval, the commission requires changes therein as a
condition for approval, and the changes are made, no additional
hearing by the affected state agency shall be required in connection
with making the changes when the commission determines the
changes are nonsubstantial, solely grammatical in nature, or are
sufficiently related to the text submitted to the commission for
approval that the public was adequately placed on notice that the
change could result from the originally proposed building
standards.

begin insert

begin insert SEC. 12. end insert   

end insert

begin insert Section 50074 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

50074.  

“Housing begin delete sponsor”, end delete begin insert sponsor,” end insert for the purpose of
housing assisted by the department, means any individual, joint
venture, partnership, limited partnership, trust, corporation, limited
equity housing cooperative, cooperative, local public entity, duly
constituted governing body of an Indian reservation or rancheria,
begin insert tribally designated housing entity, end insert or other legal entity, or any
combination thereof, certified by the agency pursuant to rules and
regulations of the agency as qualified to either own, construct,
acquire or rehabilitate a housing development, whether for profit,
nonprofit, or organized for limited profit, and subject to the
regulatory powers of the agency pursuant to rules and regulations
of the agency and other terms and conditions set forth in this
division. “Housing sponsor” includes persons and families of low
or moderate income who are approved by the agency as eligible
to own and occupy a housing development and individuals and
legal entities receiving property improvement loans through the
agency.

begin insert

begin insert SEC. 13. end insert   

end insert

begin insert Section 50104.6.5 is added to the end insert begin insert Health and Safety
Code end insert begin insert , to read: end insert

begin insert

begin insert 50104.6.5. end insert   

“Tribally designated housing entity” means an
entity as defined in Section 4103 of Title 25 of the United States
Code. For the purposes of determining the eligibility of an
applicant for funding under a program authorized by Part 2
(commencing with Section 50400), references to a local public
entity, nonprofit corporation, nonprofit housing sponsor, or
governing body of an Indian reservation or rancheria in any statute
included in, or in any regulation promulgated to implement, Part
2 (commencing with Section 50400) shall be deemed to include a
tribally designated housing entity.

end insert

begin insert

begin insert SEC. 14. end insert   

end insert

begin insert Chapter 4.7 (commencing with Section 50580) of
Part 2 of Division 31 of the end insert begin insert Health and Safety Code end insert begin insert is repealed. end insert

begin insert

begin insert SEC. 15. end insert   

end insert

begin insert Section 50784.7 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

50784.7.  

(a) The department may make loans to resident
organizations or qualified nonprofit sponsors from the Mobilehome
Park Rehabilitation and Purchase Fund for the purpose of assisting
lower income homeowners to begin delete make needed end delete begin insert do any of the following: end insert

begin insert (1) end insert begin insert   end insert begin insert Make end insert repairs begin delete or end delete begin insert to their mobilehomes. end insert

begin insert (2) end insert begin insert   end insert begin insert Make end insert accessibility-related upgrades to their mobilehomes.

begin delete Loans end delete

begin insert

(3) Replace their mobilehomes.

end insert

begin insert (b) end insert begin insert   end insert begin insert Loans end insert made pursuant to these provisions shall meet both of
the following requirements:

(1) The applicant entity has received a loan or loans pursuant
to Section 50783, 50784, or 50784.5 for the purpose of assisting
homeowners within a park proposed for acquisition or conversion.

(2) The applicant entity demonstrates sufficient organizational
stability and capacity to manage a portfolio of individual loans
over an extended time period. This capacity may be demonstrated
by substantial successful experience performing similar activities
or through other means acceptable to the department.

begin delete

(b)

end delete

begin insert (c) end insert  The department may adopt guidelines to implement this
section.