Bill Text: CA SB1421 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Mobilehomes: resident-owned mobilehome parks.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2012-09-23 - Chaptered by Secretary of State. Chapter 492, Statutes of 2012. [SB1421 Detail]

Download: California-2011-SB1421-Amended.html

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BILL NUMBER: SB 1421	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 25, 2012

INTRODUCED BY   Senator Correa

                        FEBRUARY 24, 2012

   An act to amend Section  65913   799.1 
of the  Government   Civil  Code, relating
to  housing   mobilehomes, and declaring the
urgency thereof, to take effect immediately  .


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1421, as amended, Correa.  Affordable housing.
  Mobilehomes: resident-owned mobilehome parks. 

   Existing law restricts a local agency from disapproving an
affordable housing development project, as prescribed. With respect
to that law, legislative findings and declarations state that there
is a severe shortage of affordable housing and that changes in the
law, which are designed to, among other things, expedite the local
and state residential development process, are needed to encourage
the development of new housing.  
   The Mobilehome Residency Law governs the terms and conditions of
tenancies in mobilehome parks and defines a mobilehome park for
purposes of these provisions. The law also sets forth separate
provisions that govern, and are only applicable to, the rights of a
resident who has an ownership interest in a subdivision, cooperative,
or condominium for mobilehomes or a resident-owned mobilehome park
in which the resident's mobilehome is located or installed. Existing
law provides, notwithstanding these provisions, that in a mobilehome
park owned and operated by a nonprofit mutual benefit corporation, as
specified, whose members consist of park residents where there is no
recorded condominium plan, tract, parcel map, or declaration, those
specified provisions of the Mobilehome Residency Law govern the
rights of members who are residents that have a rental agreement with
the corporation. 
   This bill would  make technical, nonsubstantive changes to
those legislative findings and declarations   instead
  provide that specified portions of the Mobilehome
Residency Law govern the rights of members of certain nonprofit
mutual benefit corporations who are residents that rent their space
from the corporation. The bill would also exclude nonprofit mutual
benefit corporations whose members consist of park residents where
this no recorded parcel map from the provisions described above 
. 
   This bill would declare that it is to take effect immediately as
an urgency statute. 
   Vote:  majority   2/3  . Appropriation:
no. Fiscal committee: no. State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 799.1 of the   Civil
Code   is amended to read: 
   799.1.  (a) Except as provided in subdivision (b), this article
shall govern the rights of a resident who has an ownership interest
in the subdivision, cooperative, or condominium for mobilehomes, or a
resident-owned mobilehome park in which his or her mobilehome is
located or installed. In a subdivision, cooperative, or condominium
for mobilehomes, or a resident-owned mobilehome park, Article 1
(commencing with Section 798) to Article 8 (commencing with Section
798.84), inclusive, shall apply only to a resident who does not have
an ownership interest in the subdivision, cooperative, or condominium
for mobilehomes, or the resident-owned mobilehome park, in which his
or her mobilehome is located or installed.
   (b) Notwithstanding subdivision (a), in a mobilehome park owned
and operated by a nonprofit mutual benefit corporation, established
pursuant to Section 11010.8 of the Business and Professions Code,
whose members consist of park residents where there is no recorded
condominium plan, tract,  parcel map,  or
declaration, Article 1 (commencing with Section 798) to Article 8
(commencing with Section 798.84), inclusive, shall govern the rights
of members who are residents that  have a rental agreement
with   rent their space from  the corporation.
   SEC. 2.    This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
 
   In order to protect and clarify landlord-tenant rights within
resident-owned mobilehome parks, it is necessary that this act take
effect immediately.  
  SECTION 1.    Section 65913 of the Government Code
is amended to read:
   65913.  (a) The Legislature finds and declares that there exists a
severe shortage of affordable housing, especially for persons and
families of low and moderate income, and that there is an immediate
need to encourage the development of new housing, not only through
the provision of financial assistance, but also through changes in
law designed to do all of the following:
   (1) Expedite the local and state residential development process.
   (2) Ensure that local governments zone sufficient land at
densities high enough for production of affordable housing.
   (3) Ensure that local governments make a diligent effort through
the administration of land use and development controls and the
provision of regulatory concessions and incentives to significantly
reduce housing development costs and thereby facilitate the
development of affordable housing, including housing for elderly
persons and families, as defined by Section 50067 of the Health and
Safety Code.
   These changes in the law are consistent with the responsibility of
local government to adopt the program required by subdivision (c) of
Section 65583.
   (b) The Legislature further finds and declares that the costs of
new housing developments have been increased, in part, by the
existing permit process and by existing land use regulations and that
vitally needed housing developments have been halted or rendered
infeasible despite the benefits to the public health, safety, and
welfare of those developments and despite the absence of adverse
environmental impacts. It is, therefore, necessary to enact this
chapter and to amend existing statutes that govern housing
development so as to provide greater encouragement for local and
state governments to approve needed and sound housing developments.