California Legislature—2013–14 Regular Session

Assembly Bill No. 2753

Introduced by Committee on Housing and Community Development (Assembly Member Chau (Chair), Beth Gaines (Vice Chair), Atkins, Brown, Maienschein, Quirk-Silva, and Yamada)

March 20, 2014

An act to amend Section 798.37.5 of the Civil Code, to amend Sections 54237.5 and 65588 of the Government Code, and to amend Section 51505 of the Health and Safety Code, relating to housing.

LEGISLATIVE COUNSEL’S DIGEST

AB 2753, as introduced, Committee on Housing and Community Development. Housing.

(1) The Mobilehome Residency Law generally governs the terms and conditions of residency in mobilehome parks.

This bill would make a technical, nonsubstantive change to update a cross-reference in a provision of that law.

(2) Existing law sets forth the procedure for the state to dispose of surplus residential property.

This bill would make a technical, nonsubstantive change to properly reference federal law.

(3) The Planning and Zoning Law requires each local government to review its housing element as frequently as appropriate to evaluate specified considerations.

This bill would make a technical, nonsubstantive change to correct a cross-reference in a provision of that law.

(4) The California Homebuyer’s Downpayment Assistance Program assists first-time low- and moderate-income homebuyers utilizing existing mortgage financing and requires certain funds to be used for the Extra Credit Teacher Home Purchase Program or other school personnel home ownership assistance programs, as specified.

This bill would modify an obsolete cross-reference and would provide for specified conditions when the downpayment assistance is not due and payable upon sale of a home.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 798.37.5 of the Civil Code is amended
to read:

798.37.5.  

(a) With respect to trees on rental spaces in a
mobilehome park, park management shall be solely responsible
for the trimming, pruning, or removal of any tree, and the costs
thereof, upon written notice by a homeowner or a determination
by park management that the tree poses a specific hazard or health
and safety violation. In the case of a dispute over that assertion,
the park management or a homeowner may request an inspection
by the Department of Housing and Community Development or
a local agency responsible for the enforcement of the Mobilehome
Parks Act (Part 2.1 (commencing with Section 18200) of Division
begin delete 3 end delete begin insert 13 end insert of the Health and Safety Code) in order to determine whether
a violation of that act exists.

(b) With respect to trees in the common areas of a mobilehome
park, park management shall be solely responsible for the
trimming, pruning, or removal of any tree, and the costs thereof.

(c) Park management shall be solely responsible for the
maintenance, repair, replacement, paving, sealing, and the expenses
related to the maintenance of all driveways installed by park
management including, but not limited to, repair of root damage
to driveways and foundation systems and removal. Homeowners
shall be responsible for the maintenance, repair, replacement,
paving, sealing, and the expenses related to the maintenance of a
homeowner installed driveway. A homeowner may be charged for
the cost of any damage to the driveway caused by an act of the
homeowner or a breach of the homeowner’s responsibilities under
the rules and regulations so long as those rules and regulations are
not inconsistent with the provisions of this section.

(d) No homeowner may plant a tree within the mobilehome
park without first obtaining written permission from the
management.

(e) This section shall not apply to alter the terms of any rental
agreement in effect prior to January 1, 2001, between the park
management and the homeowner regarding the responsibility for
the maintenance of trees and driveways within the mobilehome
park, except that upon any renewal or extension, the rental
agreement shall be subject to this section. This section is not
intended to abrogate the content of any existing rental agreement
or other written agreements regarding trees or driveways that are
in effect prior to January 1, 2001.

(f) This section shall only apply to rental agreements entered
into, renewed, or extended on or after January 1, 2001.

(g) Any mobilehome park rule or regulation shall be in
compliance with this section.

SEC. 2.  

Section 54237.5 of the Government Code is amended
to read:

54237.5.  

Notwithstanding the requirement to provide repairs
in subdivision (b) of Section 54237, the selling agency may, at its
option, provide the present occupants with a replacement dwelling
if all of the following conditions exist:

(a) Providing a replacement dwelling is less expensive than
providing the repairs required by subdivision (b) of Section 54237.

(b) The replacement dwelling is determined to have all of the
following characteristics:

(1) Is decent, safe, and sanitary.

(2) Is suitable to the occupancy needs of the household as
provided under regulations of the United States Department of
Housing and Urban Development issued pursuant to Section 8 of
the United States Housing Act of 1937.

(3) Is open to all persons regardless of race, color, religion, sex,
or national origin and consistent with requirements of Title begin delete 8 end delete begin insert VIII end insert
of the Civil Rights Act of begin delete 1978. end delete begin insert 1968. end insert

(4) Is in an area not generally less desirable than the dwelling
to be acquired in regard to public utilities and public and
commercial facilities.

(5) Is reasonably accessible to the displaced person’s place of
employment.

(6) Is in an equal or better neighborhood.

(7) Is affordable, as defined in subdivision begin delete (a) end delete begin insert (b) end insert of Section
54236, to the displaced person.

(c) The offer is made at an affordable price that is not less than
the price paid by the agency for original acquisition of the unit
now occupied by the displaced person or the replacement unit,
whichever is less, and is not more than market value.

(d) The replacement dwelling is a newly constructed or a vacant
residential unit. No resident shall be displaced begin delete pursuant to end delete begin insert , as
defined by end insert Section 7260 begin insert , end insert for the purpose of creating a replacement
unit.

SEC. 3.  

Section 65588 of the Government Code is amended
to read:

65588.  

(a) Each local government shall review its housing
element as frequently as appropriate to evaluate all of the
following:

(1) The appropriateness of the housing goals, objectives, and
policies in contributing to the attainment of the state housing goal.

(2) The effectiveness of the housing element in attainment of
the community’s housing goals and objectives.

(3) The progress of the city, county, or city and county in
implementation of the housing element.

(b) The housing element shall be revised as appropriate, but no
less often than required by subdivision (e), to reflect the results of
this periodic review. Nothing in this section shall be construed to
excuse the obligations of the local government to adopt a revised
housing element in accordance with the schedule specified in this
section.

(c) The review and revision of housing elements required by
this section shall take into account any low- or moderate-income
housing provided or required pursuant to Section 65590.

(d) The review pursuant to subdivision (c) shall include, but
need not be limited to, the following:

(1) The number of new housing units approved for construction
within the coastal zone after January 1, 1982.

(2) The number of housing units for persons and families of
low or moderate income, as defined in Section 50093 of the Health
and Safety Code, required to be provided in new housing
developments either within the coastal zone or within three miles
of the coastal zone pursuant to Section 65590.

(3) The number of existing residential dwelling units occupied
by persons and families of low or moderate income, as defined in
Section 50093 of the Health and Safety Code, that have been
authorized to be demolished or converted since January 1, 1982,
in the coastal zone.

(4) The number of residential dwelling units for persons and
families of low or moderate income, as defined in Section 50093
of the Health and Safety Code, that have been required for
replacement or authorized to be converted or demolished as
identified in paragraph (3). The location of the replacement units,
either onsite, elsewhere within the locality’s jurisdiction within
the coastal zone, or within three miles of the coastal zone within
the locality’s jurisdiction, shall be designated in the review.

(e) Each city, county, and city and county shall revise its housing
element according to the following schedule:

(1) (A) Local governments within the regional jurisdiction of
the Southern California Association of Governments: June 30,
2006, for the fourth revision.

(B) Local governments within the regional jurisdiction of the
Association of Bay Area Governments: June 30, 2007, for the
fourth revision.

(C) Local governments within the regional jurisdiction of the
Council of Fresno County Governments, the Kern County Council
of Governments, and the Sacramento Area Council of
Governments: June 30, 2002, for the third revision, and June 30,
2008, for the fourth revision.

(D) Local governments within the regional jurisdiction of the
Association of Monterey Bay Area Governments: December 31,
2002, for the third revision, and June 30, 2009, for the fourth
revision.

(E) Local governments within the regional jurisdiction of the
San Diego Association of Governments: June 30, 2005, for the
fourth revision.

(F) All other local governments: December 31, 2003, for the
third revision, and June 30, 2009, for the fourth revision.

(2) (A) All local governments within a metropolitan planning
organization in a region classified as nonattainment for one or
more pollutants regulated by the federal Clean Air Act (42 U.S.C.
Sec. 7506), except those within the regional jurisdiction of the San
Diego Association of Governments, shall adopt the fifth revision
of the housing element no later than 18 months after adoption of
the first regional transportation plan to be adopted after September
30, 2010.

(B) (i) All local governments within the regional jurisdiction
of the San Diego Association of Governments shall adopt the fifth
revision of the housing element no later than 18 months after
adoption of the first regional transportation plan update to be
adopted after September 30, 2010.

(ii) Prior to or concurrent with the adoption of the fifth revision
of the housing element, each local government within the regional
jurisdiction of the San Diego Association of Governments shall
identify adequate sites in its inventory pursuant to Section 65583.2
or rezone adequate sites to accommodate a prorated portion of its
share of the regional housing need for the projection period
representing the period from July 1, 2010, to the deadline for
housing element adoption described in clause (i).

(I) For the fifth revision, a local government within the
jurisdiction of the San Diego Association of Governments that has
not adopted a housing element for the fourth revision by January
1, 2009, shall revise its housing element not less than every four
years, beginning on the date described in clause (i), in accordance
with paragraph (4), unless the local government does both of the
following:

(ia) Adopts a housing element for the fourth revision no later
than March 31, 2010, which is in substantial compliance with this
article.

(ib) Completes any rezoning contained in the housing element
program for the fourth revision by June 30, 2010.

(II) For the sixth and subsequent revisions, a local government
within the jurisdiction of the San Diego Association of
Governments shall be subject to the dates described in clause (i),
in accordance with paragraph (4).

(C) All local governments within the regional jurisdiction of a
metropolitan planning organization or a regional transportation
planning agency that has made an election pursuant to
subparagraph (L) of paragraph (2) of subdivision (b) of Section
65080 by June 1, 2009, shall adopt the fifth revision of the housing
element no later than 18 months after adoption of the first regional
transportation plan update following the election.

(D) All other local governments shall adopt the fifth revision
of the housing element five years after the date specified in
paragraph (1).

(3) Subsequent revisions of the housing element shall be due
as follows:

(A) For local governments described in subparagraphs (A), (B),
and (C) of paragraph (2), 18 months after adoption of every second
regional transportation plan update, provided that the deadline for
adoption is no more than eight years later than the deadline for
adoption of the previous eight-year housing element.

(B) For all other local governments, at five-year intervals after
the date specified in subparagraph (D) of paragraph (2).

(C) If a metropolitan planning organization or a regional
transportation planning agency subject to the five-year revision
interval in subparagraph (B) makes an election pursuant to
subparagraph begin delete (L) end delete begin insert (M) end insert of paragraph (2) of subdivision (b) of Section
65080 after June 1, 2009, all local governments within the regional
jurisdiction of that entity shall adopt the next housing element
revision no later than 18 months after adoption of the first regional
transportation plan update following the election. Subsequent
revisions shall be due 18 months after adoption of every second
regional transportation plan update, provided that the deadline for
adoption is no more than eight years later than the deadline for
adoption of the previous eight-year housing element.

(4) (A) A local government that does not adopt a housing
element within 120 days of the applicable deadline described in
subparagraph (A), (B), or (C) of paragraph (2) or subparagraph
(A) or (C) of paragraph (3) shall revise its housing element not
less than every four years until the local government has adopted
at least two consecutive revisions by the statutory deadline.

(B) If necessary, the local government shall adopt three
consecutive four-year revisions by the statutory deadline to ensure
that when the local government adopts its next housing element
covering an eight-year planning period, it does so at the deadline
for adoption for other local governments within the region also
covering an eight-year planning period.

(C) The deadline for adoption of every second four-year revision
shall be the same as the deadline for adoption for other local
governments within the region.

(5) The metropolitan planning organization or a regional
transportation planning agency for a region that has an eight-year
revision interval pursuant to paragraph (3) shall notify the
department and the Department of Transportation in writing of the
estimated adoption date for its next regional transportation plan
update at least 12 months prior to the estimated adoption date. The
Department of Transportation shall maintain and publish on its
Internet Web site a current schedule of the estimated regional
transportation plan adoption dates. The department shall maintain
and publish on its Internet Web site a current schedule of the
estimated and actual housing element due dates. Each council of
governments shall publish on its Internet Web site the estimated
and actual housing element due dates, as published by the
department, for the jurisdictions within its region and shall send
notice of these dates to interested parties. For purposes of
determining the existing and projected need for housing within a
region pursuant to Sections 65584 to 65584.08, inclusive, the date
of the next scheduled revision of the housing element shall be
deemed to be the estimated adoption date of the regional
transportation plan update described in the notice provided to the
Department of Transportation plus 18 months.

(6) The new projection period shall begin on the date of
December 31 or June 30 that most closely precedes the end of the
previous projection period.

(f) For purposes of this article, the following terms have the
following meanings:

(1) “Planning period” shall be the time period between the due
date for one housing element and the due date for the next housing
element.

(2) “Projection period” shall be the time period for which the
regional housing need is calculated.

(g) For purposes of this section, “regional transportation plan
update” shall mean a regional transportation plan adopted to satisfy
the requirements of subdivision (d) of Section 65080.

SEC. 4.  

Section 51505 of the Health and Safety Code is
amended to read:

51505.  

(a) In addition to the downpayment assistance program
authorized by Section 51504, and notwithstanding any provision
of Section 51504 to the contrary, the agency shall provide
downpayment assistance from the funds set aside pursuant to
subparagraph (D) of paragraph (7) of subdivision (a) of Section
53533 for the purposes of the portion of the Extra Credit Teacher
Home Purchase Program provided for in subdivision (g) of Section
8869.84 of the Government Code and any other school personnel
home ownership assistance programs as set forth by the California
Debt Limit Allocation Committee, as operated by the agency.
Notwithstanding the foregoing, the agency may, but is not required
to, provide downpayment assistance pursuant to this section to any
local issuer participating in the Extra Credit Teacher Home
Purchase Program and any other school personnel home ownership
assistance programs as set forth by the California Debt Limit
Allocation Committee.

(b) (1) Downpayment assistance for purposes of this section
shall be subject to, and shall meet the requirements of, the Extra
Credit Teacher Home Purchase Program and any other school
personnel home ownership programs as set forth by the California
Debt Limit Allocation Committee, and shall include, but not be
limited to, deferred payment, low interest rate loans.

(2) Except as provided in begin delete paragraph (3) end delete begin insert paragraphs (3) and (5) end insert ,
payment of principal and interest is deferred until the time that the
home is sold or refinanced.

(3) The agency may, in its discretion, permit the downpayment
assistance loan to be subordinated to refinancing if it determines
that the borrower has demonstrated hardship, subordination is
required to avoid foreclosure, and the new loan meets the agency’s
underwriting requirements. The agency may permit subordination
on those terms and conditions as it determines are reasonable, but
subordination is not permitted if the borrower has sufficient equity
to repay the loan.

(4) This downpayment assistance shall meet the requirements
of begin delete subdivisions (d) and (e) end delete begin insert paragraph (3) of, and subparagraph
(A) of paragraph (4) end insert of begin insert , end insert Section 51504.

begin insert

(5) The amount of the downpayment assistance shall not be due
and payable upon sale of the home if the first mortgage loan is
insured by the Federal Housing Administration (FHA) or if the
first mortgage loan is, or has been, transferred to the FHA, or if
the requirement is otherwise contrary to regulations of the United
States Department of Housing and Urban Development governing
FHA insured first mortgage loans.

end insert

(c) Loans made pursuant to this section may include a provision
whereby interest, principal, or both, of the loan is forgiven upon
conditions to be established by the agency, or any other provision
designed to carry out the purposes of the Extra Credit Teacher
Home Purchase Program and any other school personnel home
ownership programs as set forth by the California Debt Limit
Allocation Committee.

(d) Downpayment assistance pursuant to this section shall not
exceed the greater of seven thousand five hundred dollars ($7,500)
or 3 percent of the home sales price. However, the agency may,
with the concurrence of the California Debt Limit Allocation
Committee, establish higher assistance limits where necessary to
ensure sufficient assistance to allow program participation in high
cost areas.