BILL ANALYSIS �
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: sb 149
SENATOR MARK DESAULNIER, CHAIRMAN AUTHOR: correa
VERSION: 1/4/12
Analysis by: Carrie Cornwell FISCAL: Yes
Hearing date: January 10, 2012
SUBJECT:
Mobilehome parks: permit to operate
DESCRIPTION:
This bill requires the Department of Housing and Community
Development (HCD) or a local agency to include in its mobilehome
park permit-to-operate invoice a notice of the Mobilehome
Residency Law.
ANALYSIS:
The Mobilehome Residency Law (MRL) governs the relationship
between mobilehome park owners and their residents. Residents
of mobilehome parks typically own their mobilehomes and rent the
spaces on which the homes are placed. Mobilehomes, once placed
in a park, are difficult to relocate. Because of this, state
and local laws prescribe rules for this specific landlord-tenant
relationship. The MRL, the relevant state law, extensively
regulates the rights, responsibilities, obligations, and
relationships between mobilehome park owners and managers and
park residents.
The Mobilehome Parks Act (MPA) directs the Department of Housing
and Community Development (HCD) to regulate mobilehome parks to
assure protection of the health, safety, and general welfare of
all mobilehome park residents. HCD has adopted statewide
regulations to enforce the act's provisions. Local agencies,
however, have the option of assuming enforcement authority
within their jurisdictions through agreement with HCD. Among
these enforcement duties is performing health and safety
inspections of parks.
The MPA requires each mobilehome park annually to pay a $140 fee
and obtain a permit to operate from either HCD or a local
enforcement agency. State law requires that HCD develop a
method to invoice these permits and that each enforcement agency
SB 149 (CORREA) Page 2
issue invoices for permits for parks under its jurisdiction.
This bill requires that HCD or a local enforcement agency to
include in its invoice a notice of the MRL.
COMMENTS:
1.Purpose . The author chairs the Senate Select Committee on
Manufactured Housing and Communities, and he introduced this
bill to broaden the public's knowledge of the Mobilehome
Residency Law, at the least cost to the state. While
California has nearly 5,000 mobile and manufactured home
parks, the author reports that only about 1,500 parks are
members of professional trade associations that provide
ongoing education for their members, including knowledge of,
and updates to, the Mobilehome Residency Law. The select
committee staff reports that parks that are not members of
these associations are sometimes entirely unaware that the MRL
even exists. This bill attempts to make them aware of the
law.
2.One-time adjustment to HCD form . HCD staff confirmed that
this bill would involve a one-time adjustment to its
permit-to-operate invoice template. Presumably, local
enforcement agencies would be able to comply just as easily.
3.Why only notice ? The author argues that this bill is needed
because many mobilehome park owners lack knowledge of the MRL,
the primary state law that governs their businesses. While
this bill would make them aware of the law's existence, it
provides no information as to where one might see the law or a
summary of it. The committee may wish to consider an
amendment to include in the notice information about where the
MRL can be obtained.
4.Additional amendments . The author intends that this bill
require only that enforcement agencies provide notice of the
MRL, not that they note that a copy is available upon request,
as the current language in the bill does due to a drafting
error. These amendments correct that error:
On page 2, line 14, delete "that a copy"
On page, 2, line 15-16, delete "is available, upon
request"
SB 149 (CORREA) Page 3
POSITIONS: (Communicated to the committee before noon on
Wednesday, January
4, 2012)
SUPPORT: None received.
OPPOSED: None received.