BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 804
                                                                  Page  1

          Date of Hearing:   July 8, 2009

               ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT
                                 Norma Torres, Chair
                  SB 804 (Leno) - As Introduced:  February 27, 2009
           
          SENATE VOTE  :  28-6
           
          SUBJECT  :   Mobilehomes:  sales and replacements.

           SUMMARY  :  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.

           EXISTING LAW  

          1)Governs the relationship between park owners or managers and  
            the residents in mobilehome parks and manufactured housing  
            communities (Civil Code Section 798 et seq.).

          2)Provides that park management may not prohibit the listing nor  
            the sale of a manufactured home or mobilehome within a park by  
            the homeowner, an heir, joint tenant, or personal  
            representative of the homeowner's estate [Civil Code Section  
            798.71(b)].

          3)Provides that park management may 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 resale of the home within  
            the park or management's approval of the buyer or prospective  
            homeowner for residency in the park [Civil Code Section  
            798.71(c)].

           FISCAL EFFECT  :   None

           COMMENTS  :   

          Enacted in 1978, the Mobilehome Residency Law (MRL) governs the  
          relationship between park owners or managers and the residents  
          of the more than 4,800 mobilehome parks and manufactured housing  
          communities in California.  

          In order to increase protections for resident homeowners, this  








                                                                  SB 804
                                                                  Page  2

          bill would prohibit park management from requiring a homeowner  
          to use a specific broker, dealer, or other person in replacing  
          their home.  The prohibition is similar to an existing provision  
          in the MRL that restricts management's actions with regards to  
          the sale of existing homes.

          According to the author, 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  
          would clearly codify that right in statute."

           


          REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          None on file

           Opposition 
           
          None on file
           
          Analysis Prepared by  :    Anya Lawler / H. & C.D. / (916)  
          319-2085