BILL NUMBER: SB 384 CHAPTERED
BILL TEXT
CHAPTER 71
FILED WITH SECRETARY OF STATE JULY 14, 1997
APPROVED BY GOVERNOR JULY 14, 1997
PASSED THE ASSEMBLY JUNE 26, 1997
PASSED THE SENATE APRIL 14, 1997
AMENDED IN SENATE MARCH 31, 1997
INTRODUCED BY Senator Craven
FEBRUARY 14, 1997
An act to amend Section 1102 of the Civil Code, and to amend
Section 18160 of the Health and Safety Code, relating to housing, and
declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 384, Craven. Housing: manufactured homes and mobilehomes.
Existing law makes provisions for the disclosure of specified
information upon the transfer of residential real property applicable
to the resale of a manufactured home or mobilehome, as defined, on
or after January 1, 1999.
This bill would provide that the disclosure requirements would
apply to the manufactured home or mobilehome if they are classified
as personal property.
Existing law also expresses the intent of the Legislature that the
Senate and Assembly jointly appoint an advisory task force, as
specified, and requires the task force to report its findings and
recommendations to the Legislature no later than July 1, 1997.
This bill would instead require the task force to report its
findings no later than January 1, 1998.
This bill would provide that it is to take effect immediately as
an urgency statute.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1102 of the Civil Code is amended to read:
1102. (a) Except as provided in Section 1102.2, this article
applies to any transfer by sale, exchange, installment land sale
contract, as defined in Section 2985, lease with an option to
purchase, any other option to purchase, or ground lease coupled with
improvements, of real property, or residential stock cooperative,
improved with or consisting of not less than one nor more than four
dwelling units.
(b) This article shall be applicable to the resale on or after
January 1, 1999, of a manufactured home, as defined in Section 18007
of the Health and Safety Code, which is classified as personal
property, or a mobilehome, as defined in Section 18008 of the Health
and Safety Code, which is classified as personal property.
(c) Any waiver of the requirements of this article is void as
against public policy.
SEC. 2. Section 18160 of the Health and Safety Code is amended to
read:
18160. (a) It is the intent of the Legislature in enacting the
requirements of subdivision (b) of Section 1102 of the Civil Code,
relating to disclosure in the resale of manufactured homes and
mobilehomes, that the Senate and the Assembly jointly appoint an
advisory task force, composed of representatives of mobilehome
owners, mobilehome park owners, mobilehome dealers, real estate
brokers, the Department of Housing and Community Development, and
other organizations or persons knowledgeable about manufactured homes
and mobilehomes, to review and propose modifications or additions to
Article 1.5 (commencing with Section 1102) of Chapter 2 of Title 4
of Part 4 of Division 2 of the Civil Code, including changes to the
disclosure form set forth in Section 1102.6 of the Civil Code that
may be necessary to make Article 1.5 (commencing with Section 1102)
of Chapter 2 of Title 4 of Part 4 of Division 2 of the Civil Code
fully applicable to manufactured homes or mobilehomes, which are not
classified as real property. The advisory task force shall, no later
than January 1, 1998, report its findings and recommendations to the
Legislature.
(b) This chapter shall remain in effect only until January 1,
1999, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 1999, deletes or extends
that date.
SEC. 3. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to clarify that real estate disclosure requirements are
currently, rather than on or after January 1, 1999, applicable to
mobilehomes and manufactured homes which are classified as real
property, it is necessary that this act take effect immediately.