Bill Text: CA AB1472 | 2023-2024 | Regular Session | Amended
Bill Title: Recreational vehicle parks: registration requirements.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed) 2023-07-11 - In committee: Set, final hearing. Failed passage. Reconsideration granted. [AB1472 Detail]
Download: California-2023-AB1472-Amended.html
|
Amended
IN
Assembly
April 20, 2023 |
|
Amended
IN
Assembly
April 10, 2023 |
| Introduced by Assembly Member Alvarez |
February 17, 2023 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law, the Recreational Vehicle Park Occupancy Law, prescribes various terms and conditions applicable to recreational vehicle park tenancies.
Existing law, the Mobilehome Residency Law, prescribes various terms and conditions of tenancies to mobilehome parks. Existing law, until January 1, 2030, prohibits the management of a qualified mobilehome park, as defined, from increasing the gross rental rate for a tenancy for a mobilehome space by more than 3% plus the percentage change in the cost of living, as defined, or by 5% of the lowest gross rental rate charged at any time during the immediately preceding 12 months, whichever is lower. Existing law prohibits management of a qualified mobilehome park from increasing the gross rental rate for a tenancy in more than 2 increments over a 12-month period, after the tenant maintains a tenancy
over a 12-month period.
This bill would add provisions similar to the ones described above to the Recreational Vehicle Park Occupancy Law, applicable to qualified recreational vehicle parks. The bill would prohibit a person from requiring an occupant, tenant, or resident, as defined, in a qualified recreational vehicle park to reregister if the purpose of the reregistration requirement is to prevent the occupant, tenant, or resident from gaining or maintaining status as a resident, and would make a person who violates these provisions liable for a civil penalty of $500, as specified. The bill would define “qualified recreational vehicle park” as a recreational vehicle park located within the City of Imperial Beach. The bill would repeal these
provisions on January 1, 2030.
This bill would make legislative findings and declarations as to the necessity of a special statute for the City of Imperial Beach.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 799.47 is added to the Civil Code, immediately following Section 799.46, to read:799.47.
(a) A person shall not require an occupant, tenant, or resident in a recreational vehicle park to reregister if the purpose of the reregistration requirement is to prevent the occupant, tenant, or resident from gaining or maintaining status as a resident.(a)(1)Subject to subdivision (b), management shall not, over the course of any 12-month period, increase the gross rental rate for a tenancy in a qualified recreational vehicle park by more than 3 percent plus the percentage change in the cost of living, or by 5 percent, whichever is lower, of the lowest gross rental rate charged for a tenancy at any time during the 12 months prior to the effective date of the increase.
(2)If the same resident maintains a tenancy over any 12-month period, the gross rental rate for the tenancy shall not be increased in more than two increments over that 12-month period, subject to the other restrictions of this
subdivision governing gross rental rate increases.
(b)For a new tenancy in which no resident from the prior tenancy remains in lawful possession of the recreational vehicle lot in the same recreational vehicle park, management may establish the initial rental rate not subject to subdivision (a), unless the applicable local agency or jurisdiction has adopted an ordinance, rule, regulation, or initiative measure that limits the allowable rental rate for a new tenancy, in which case that ordinance, rule, regulation, or initiative measure shall apply. Subdivision (a) shall be applicable to subsequent increases after that initial rental rate has been established,
except as otherwise provided in this section.
(c)(1)A person shall not require an occupant, tenant, or resident in a qualified recreational vehicle park to reregister if the purpose of the reregistration requirement is to prevent the occupant, tenant, or resident from gaining or maintaining status as a resident.
(2)A person who violates paragraph (1) shall be liable for a civil penalty of five hundred dollars ($500).
(3)In an action brought pursuant to this subdivision, if it is established
by a preponderance of the evidence that an occupant, tenant, or resident was required to reregister, there shall be a rebuttable presumption that the purpose of that requirement was to prevent the occupant, tenant, or resident from gaining or maintaining status as a resident.
(4)In an action brought pursuant to this subdivision, the court shall award reasonable attorney’s fees and costs to the prevailing party.
(d)A local governing body may establish inspection, reporting, or recordkeeping requirements to ensure compliance with this section.
(e)For the purposes of this section:
(1)(A)“Percentage change in the cost of living” means the percentage change in the Consumer Price Index for All Urban Consumers for All Items for the San Diego-Carlsbad metropolitan area covering the County of San Diego, or any successor metropolitan area index to that index, and computed pursuant to subparagraph (B).
(B)(i)For rent increases that take effect before August 1 of any calendar year, the following shall apply:
(I)The percentage change shall be the percentage change in the amount published for April of the immediately preceding calendar year and April of the year before that.
(II)If there is not an amount published in April for the applicable geographic area, the percentage change shall be the percentage change in the amount published for March of the immediately preceding calendar year and March of the year before that.
(ii)For rent increases that take effect on or after August 1 of any calendar year, the following shall apply:
(I)The percentage change shall be the percentage change in the amount published for April of that calendar year and April of the immediately preceding calendar year.
(II)If there is not an amount published in April for the applicable geographic area, the percentage change shall be the percentage change in the amount published for March of that calendar year and
March of the immediately preceding calendar year.
(iii)The percentage change shall be rounded to the nearest one-tenth of 1 percent.
(2)“Qualified recreational vehicle park” means a recreational vehicle park, as defined in Section 799.30, that is located within the City of Imperial Beach.
(3)Notwithstanding Section 799.32, “resident” means a tenant who has occupied a lot in a park for at least 9 months in a 12-month period.
(f)This section shall remain in effect only until January 1, 2030, and as of that date is repealed.
The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique impact of rising rents in recreational vehicle parks in the City of Imperial Beach as compared to neighboring cities.
