Bill Text: CA SB940 | 2021-2022 | Regular Session | Amended

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

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Bill Title: Mobilehome parks: local ordinances.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2022-09-28 - Chaptered by Secretary of State. Chapter 666, Statutes of 2022. [SB940 Detail]

Download: California-2021-SB940-Amended.html

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Amended  IN  Assembly  August 01, 2022

Amended  IN  Senate  March 31, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill

No. 940

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Introduced by Senator Laird

February 08, 2022

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An act to amend Sections 798.7 and 798.45 of the Civil Code, relating to mobilehome parks.

LEGISLATIVE COUNSEL'S DIGEST

SB 940, as amended, Laird. Mobilehome parks: local ordinances.

Existing law, the Mobilehome Residency Law, prescribes various terms and conditions of tenancies in mobilehome parks. Existing law exempts new construction, defined as spaces initially held out for rent after January 1, 1990, from any ordinance, rule, regulation, or initiative measure adopted by a city or county, which that establishes a maximum amount that a landlord may charge a tenant for rent.

This bill would revise the definition of “new construction” to include only spaces initially held out for rent after January 1, 1990, and before January 1, 2023, and specify that a mobilehome park space shall be considered “initially held out for rent” on the date of issuance of a permit or certificate of occupancy for that space, as specified. The bill would define “new mobilehome park construction” to mean all spaces contained in a newly constructed mobilehome park for which a permit to operate is first issued on or after January 1, 2023, as specified. The bill would end the above-described exemption for new construction upon the first date following January 1, 2023, that the rental agreement for that space is renewed, extended, or terminated. and instead provide an exemption for new construction exists for a period of 15 years from the date upon which the space is initially held out for rent. The bill would create a new exemption for new mobilehome park construction, as defined, for a limited period of 10 15 years from the date when at least one space in that park’s original construction was initially held out for rent. upon which 50% of the spaces in the new mobilehome park are initially held out for rent measured from the date of issuance of a permit or certificate of occupancy for that space, as specified.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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Bill Text

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

SECTION 1.

 Section 798.7 of the Civil Code is amended to read:

798.7.

 (a) “New construction” means any newly constructed spaces initially held out for rent after January 1, 1990 and before January 1, 2023. 1990. A mobilehome park space shall be considered “initially held out for rent” on the date of issuance of a permit or certificate of occupancy for that space by the enforcement agency in accordance with Section 18551 or 18613 of the Health and Safety Code.

(b) “New mobilehome park construction” means a mobilehome park initially held out for rent on or after January 1, 2023. A mobilehome park shall be considered “initially held out for rent” on the date when at least one space in that park’s original construction is held out for rent for the first time. all spaces contained in a newly constructed mobilehome park for which a permit to operate is first issued by the enforcement agency on or after January 1, 2023.

SEC. 2.

 Section 798.45 of the Civil Code is amended to read:

798.45.

 (a) Notwithstanding Section 798.17, “new construction,” as defined in subdivision (a) of Section 798.7, shall be exempt from any ordinance, rule, regulation, or initiative measure adopted by any city, county, or city and county, which that establishes a maximum amount that a landlord may charge a tenant for rent, until the first date following January 1, 2023, that the rental agreement for that space is renewed, extended, or terminated, whichever is earlier. for a period of 15 years from the date upon which the space is initially held out for rent, as defined in subdivision (a) of Section 798.7.

(b) Notwithstanding Section 798.17, “new mobilehome park construction,” as defined in subdivision (b) of Section 798.7, shall be exempt from any ordinance, rule, regulation, or initiative measure adopted by any city, county, or city and county, which that establishes a maximum amount that a landlord may charge a tenant for rent for a period of 10 15 years from the date when at least one space in that park’s original construction was held out for rent for the first time. upon which 50 percent of the spaces in the new mobilehome park are initially held out for rent measured from the date of issuance of a permit or certificate of occupancy for that space by the enforcement agency in accordance with Section 18551 or 18613 of the Health and Safety Code.