BILL ANALYSIS                                                                                                                                                                                                    �



                                                                      



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          |SENATE RULES COMMITTEE            |                  AB 1797|
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                                 THIRD READING


          Bill No:  AB 1797
          Author:   Torres (D)
          Amended:  6/26/12 in Senate
          Vote:     21

           
           SENATE TRANSPORTATION & HOUSING COMMITTEE  :  6-3, 6/19/12
          AYES:  DeSaulnier, Kehoe, Lowenthal, Pavley, Rubio, 
            Simitian
          NOES:  Gaines, Harman, Wyland
           
          SENATE APPROPRIATIONS COMMITTEE  :  5-2, 8/6/12
          AYES:  Kehoe, Alquist, Lieu, Price, Steinberg
          NOES:  Walters, Dutton
           
          ASSEMBLY FLOOR  :  51-26, 5/29/12 - See last page for vote


           SUBJECT  :    Mobilehome Park Purchase Fund

           SOURCE  :     Golden State Manufactured-Home Owners League 


           DIGEST  :    This bill allows the Department of Housing and 
          Community Development (HCD) to lower the interest rate 
          below 3% when it makes loans from the Mobilehome Park 
          Purchase Fund.

           ANALYSIS  :    The residents of California's nearly 5,000 
          mobilehome parks typically own their mobilehomes and rent 
          the spaces in the mobilehome park in which the homes are 
          placed.  For various reasons, mobilehome park residents in 
          some parks have decided to join together and buy the park 
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          or their individual spaces within it.  This is referred to 
          as a conversion to resident ownership.  

          Historically, when mobilehome parks have converted to 
          resident ownership, the residents have initiated the 
          process and enlisted the help of a nonprofit organization.  
          The nonprofit organization typically buys the entire park 
          and sells lots to individual owners.   In 1984, the 
          Legislature created the Mobilehome Park Purchase Fund 
          (Fund) to encourage and facilitate this process for 
          converting mobilehome parks to resident ownership through 
          low-interest loans to resident organizations, individual 
          residents, qualified nonprofit housing sponsors, or local 
          governments.  To qualify for a loan, at least 30% of the 
          converting park's spaces must be for homes owned by 
          low-income residents. 

          Existing law requires HCD to adopt regulations to 
          administer the Fund and to make loans from the Fund with a 
          term of no longer than three years and an interest rate of 
          3% per annum.  Existing law also permits HCD to establish 
          flexible repayment terms if needed to achieve affordable 
          housing costs for low-income borrowers and if such terms do 
          not risk the security of the Fund.

          HCD administers the Fund under its Mobilehome Park Resident 
          Ownership Program (MPROP).  

          This bill:

          1. Permits HCD to lower the interest rate below 3% per 
             annum on loans made from the Fund, provided HCD finds 
             that a lower interest rate is necessary and will not 
             jeopardize the financial stability of the Fund.

          2. Permits HCD to provide technical assistance to loan 
             applicants, or may contract with a qualified nonprofit 
             entity to provide technical assistance, and include the 
             cost of this assistance as part of the loan principal.
          
           Comments
           
           Purpose of the bill  .  The author introduced this bill to 
          increase the use of MPROP and loans made through that 

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          program to support mobilehome park conversions to resident 
          ownership.  The bill gives HCD the flexibility to offer a 
          lower interest rate on MPROP loans, provided that doing so 
          would not jeopardize the overall stability of the Fund.  
          HCD already has statutory authority to offer flexible 
          repayment terms but is bound by the 3% interest rate that 
          is set in law.  HCD staff indicate that an ability to lower 
          interest rates on these loans would allow for more 
          affordable payments, particularly on loans made to 
          individual residents who need assistance in purchasing 
          their space.  In addition, this bill allows HCD to provide 
          technical assistance to loan applicants and include the 
          costs as part of the loan principal in order to help 
          homeowners and resident organizations navigate the 
          sometimes complex financial aspects of a park conversion. 

           MPROP funding and history  .  The Mobilehome Park Purchase 
          Fund receives revenues from a $5 fee that mobilehome owners 
          pay with their annual registration fee.  The Fund also 
          receives repayments of loans HCD has made under MPROP.  
          Currently, $14 million is available under MPROP.
          Between 1985 and 2001, MPROP provided loans to assist with 
          conversion in 66 mobilehome parks around the state.  Since 
          2002, new loan activity under the program has slowed and 
          activity continues to decline.  The program had only two 
          successful applications in 2011.  HCD staff reports that 
          the increasing cost and complexity of park conversions are 
          two of the primary reasons for the reduction in the number 
          of loan applications. 

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

          According to the Senate Appropriations Committee:

           Unknown loss of interest, potentially in excess of 
            $150,000 after several years (Mobilehome Park Purchase 
            Fund), to the extent HCD charges a lower interest rate.  
            Actual impact would depend upon actual rates charged, the 
            repayment terms of the loan, and volume of loans subject 
            to lower rates.

           Likely minor costs to HCD to provide, or contract for, 
            technical assistance on MPPF loans.  Costs could be added 

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            to loan principal and repaid through loan payments.

           SUPPORT :   (Verified  8/8/12)

          Golden State Manufactured-Home Owners League (source)
          Western Center on Law and Poverty


           ASSEMBLY FLOOR  :  51-26, 5/29/12
          AYES:  Alejo, Allen, Ammiano, Atkins, Beall, Block, 
            Blumenfield, Bonilla, Bradford, Brownley, Buchanan, 
            Butler, Charles Calderon, Campos, Carter, Chesbro, Davis, 
            Dickinson, Eng, Feuer, Fong, Fuentes, Furutani, Galgiani, 
            Gatto, Gordon, Hagman, Hayashi, Roger Hern�ndez, Hill, 
            Huber, Hueso, Huffman, Lara, Bonnie Lowenthal, Ma, 
            Mendoza, Mitchell, Monning, Pan, Perea, V. Manuel P�rez, 
            Portantino, Skinner, Solorio, Swanson, Torres, 
            Wieckowski, Williams, Yamada, John A. P�rez
          NOES:  Achadjian, Bill Berryhill, Conway, Cook, Donnelly, 
            Beth Gaines, Garrick, Gorell, Grove, Halderman, Harkey, 
            Jeffries, Jones, Knight, Logue, Mansoor, Miller, Morrell, 
            Nestande, Nielsen, Norby, Olsen, Silva, Smyth, Valadao, 
            Wagner
          NO VOTE RECORDED:  Cedillo, Fletcher, Hall


          JJA:m  8/8/12   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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