BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                   SB 804|
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                                 THIRD READING


          Bill No:  SB 804
          Author:   Leno (D)
          Amended:  As introduced
          Vote:     21

           
           SENATE JUDICIARY COMMITTEE  :  3-0, 5/5/09
          AYES:  Corbett, Florez, Leno
          NO VOTE RECORDED:  Harman, Walters


           SUBJECT  :    Mobilehomes:  sales and replacements

           SOURCE  :     Author


           DIGEST  :    This bill prohibits the management of a  
          mobilehome park from requiring a homeowner to use a  
          specific broker, dealer, or other person as an agent in the  
          purchase or installation of a replacement home.

           ANALYSIS  :    Existing law, the Mobilehome Residency Law,  
          governs the relationship between park owners or managers  
          and the residents in mobilehome parks and manufactured  
          housing communities.

          Existing law provides that park management may not prohibit  
          the listing nor the sale of a manufactured home or  
          mobilehome within the park by the homeowner, an heir, joint  
          tenant, or personal representative of the homeowner's  
          estate.

          Existing law additionally provides that park management may  
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          not require the seller to authorize the management or any  
          other specified broker, dealer, or person to act as the  
          agent in the sale of a mobilehome as a condition of either:  
           (1) resale of the home within the park; or (2)  
          management's approval of the buyer or prospective homeowner  
          for residency in the park.

          This bill provides that the management shall not require a  
          homeowner, who is replacing a mobilehome or manufactured  
          home on a space in the park, in which he or she resides, to  
          use a specific broker, dealer, or other person as an agent  
          in the purchase of or installation of the replacement home.

           Comments
           
          According to the author's office, existing law does not  
          protect park residents from unnecessary obligations that a  
          park owner or management may require during the purchase or  
          installation of a replacement mobile home.  The resident  
          should enjoy the right to choose any broker, dealer or  
          agent to assist them.  This bill clearly codifies that  
          right in statute.  

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

          RJG:nl  5/7/09   Senate Floor Analyses 

                       SUPPORT/OPPOSITION:  NONE RECEIVED

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