AB 2587, as introduced, Roger Hernández. Mobilehome parks: rent control.
The Mobilehome Residency Law governs the terms and conditions of residency in mobilehome parks, and exempts a rental agreement that satisfies specified criteria from any ordinance, rule, regulation, or initiative measure adopted by a local governmental entity that establishes a maximum amount a landlord may charge a tenant for rent.
This bill would authorize the legislative body of a local governmental entity to publish a notice of preparation of and prepare a regional mobilehome park rent survey, as defined, and to consider, approve, or approve with changes the survey at a public hearing, as specified. Within 12 months following the approval of the survey, the bill would authorize the legislative body to limit the base rent amount for a mobilehome rental agreement meeting certain conditions. The bill would also authorize interested persons to seek judicial review of the approved survey or limited base rent amount.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 798.17.5 is added to the Civil Code, to
2read:
(a) Notwithstanding Section 798.17, with respect to
4mobilehome park rents within its territorial jurisdiction, the
5legislative body of a local governmental entity may do all of the
6following:
7(1) Publish a notice of preparation of a regional mobilehome
8park rent survey in a newspaper of general circulation and mail
9the notice by first-class mail to the management of each rental
10mobilehome park within its territorial jurisdiction.
11(2) Conduct a survey.
12(3) Publish a notice of public hearing for considering the survey
13and hold the public hearing no sooner than 90 days following the
14notice of hearing.
15(4) Consider, approve, or approve with changes the information
16contained in the survey at the public hearing notice pursuant to
17paragraph (3), including the boundaries of the geographically
18relevant market area, and any additional information the legislative
19body deems appropriate.
20(5) Within 12 months after the approval of the survey, limit the
21base rent chargeable under a rental agreement pursuant to
22subdivision (c) to an amount lower than the rental rate chargeable
23under subdivision (a) of Section 798.17.
24(b) Within 30 days following the approval of the survey, the
25legislative body shall mail a notice of its approval of the survey
26and the base rent amount as limited under subdivision (a) to the
27management of each rental mobilehome park within its jurisdiction.
28(c) The base rent amount limited under subdivision (a) shall
29apply to the following:
30(1) The rental of a mobilehome space, whether occupied by a
31manufactured home or not, if the rental agreement is not extended
32and no new rental agreement in excess of 12 months’ duration is
33entered into.
34(2) The rental of a mobilehome space if the space is vacant for
35a period of 30 days.
36(d) An interested person may seek judicial review of the
37approved survey and the limited base rent amount under
P3 1subdivision (a) as authorized pursuant to Section 1085 of the Code
2of Civil Procedure.
3(e) For the purposes of this subdivision, “regional mobilehome
4park rent survey” or “survey” means a written survey of rental
5
mobilehome park rent levels within a geographically relevant
6market area that compares and describes the rent levels in
7mobilehome parks within the 12 months preceding the publication
8of the notice of preparation described in paragraph (1) of
9subdivision (a). A copy of the survey shall be available for public
10inspection within 15 days of publication of the notice of public
11hearing described in paragraph (3) of subdivision (a).
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