Bill Text: CA AB2351 | 2015-2016 | Regular Session | Amended

California Assembly Bill 2351 (Prior Session Legislation)

Bill Title: Mobilehome parks: rent control.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-11-30 - From committee without further action. [AB2351 Detail]

Download: California-2015-AB2351-Amended.html

BILL NUMBER: AB 2351	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 18, 2016

INTRODUCED BY   Assembly Member Roger Hern�ndez

                        FEBRUARY 18, 2016

   An act to  add Section 798.17.5 to   repeal
Section 798.17 of  the Civil Code, relating to mobilehome parks.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2351, as amended, Roger Hern�ndez. 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  criteria,
including that it be in excess of 12-months' duration,  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 enact a rent control ordinance for a
mobilehome park within its jurisdiction when the vacancy rate in the
park meets or exceeds an unspecified percentage over a certain period
or where the rent charged to mobilehome park residents exceeds an
unspecified percent of the average rents for mobilehome park
residents within an unspecified radius of the park.  
repeal these provisions. The bill would make a statement of
legislative findings. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

   SECTION 1.    The Legi   slature finds and
declares all of the following:  
   (a) California is experiencing a housing crisis throughout the
state.  
   (b) The preservation of affordable housing options and the need to
create more housing opportunities requires increased funding and
policy changes.  
   (c) Mobilehome parks are community-based, affordable housing
options important to many residents in our state.  
   (d) Local governments need tools to ensure mobilehome parks remain
available as affordable hosing options.  
   (e) Current policy barriers inhibit local control on mobilehome
parks.  
   (f) It is necessary to provide local governments with tools to
preserve affordable mobilehome parks in their communities. 
   SEC. 2.    Section 798.17 of the   Civil
Code   is repealed.  
   798.17.  (a) (1) Rental agreements meeting the criteria of
subdivision (b) shall be exempt from any ordinance, rule, regulation,
or initiative measure adopted by any local governmental entity which
establishes a maximum amount that a landlord may charge a tenant for
rent. The terms of a rental agreement meeting the criteria of
subdivision (b) shall prevail over conflicting provisions of an
ordinance, rule, regulation, or initiative measure limiting or
restricting rents in mobilehome parks, only during the term of the
rental agreement or one or more uninterrupted, continuous extensions
thereof. If the rental agreement is not extended and no new rental
agreement in excess of 12 months' duration is entered into, then the
last rental rate charged for the space under the previous rental
agreement shall be the base rent for purposes of applicable
provisions of law concerning rent regulation, if any.
   (2) In the first sentence of the first paragraph of a rental
agreement entered into on or after January 1, 1993, pursuant to this
section, there shall be set forth a provision in at least 12-point
boldface type if the rental agreement is printed, or in capital
letters if the rental agreement is typed, giving notice to the
homeowner that the rental agreement will be exempt from any
ordinance, rule, regulation, or initiative measure adopted by any
local governmental entity which establishes a maximum amount that a
landlord may charge a tenant for rent.
   (b) Rental agreements subject to this section shall meet all of
the following criteria:
   (1) The rental agreement shall be in excess of 12 months'
duration.
   (2) The rental agreement shall be entered into between the
management and a homeowner for the personal and actual residence of
the homeowner.
   (3) The homeowner shall have at least 30 days from the date the
rental agreement is first offered to the homeowner to accept or
reject the rental agreement.
   (4) The homeowner who signs a rental agreement pursuant to this
section may void the rental agreement by notifying management in
writing within 72 hours of returning the signed rental agreement to
management. This paragraph shall only apply if management provides
the homeowner a copy of the signed rental agreement at the time the
homeowner returns the signed rental agreement.
   (5) The homeowner who signs a rental agreement pursuant to this
section may void the agreement within 72 hours of receiving an
executed copy of the rental agreement pursuant to Section 798.16.
This paragraph shall only apply if management does not provide the
homeowner with a copy of the signed rental agreement at the time the
homeowner returns the signed rental agreement.
   (c) If, pursuant to paragraph (3) or (4) of subdivision (b), the
homeowner rejects the offered rental agreement or rescinds a signed
rental agreement, the homeowner shall be entitled to instead accept,
pursuant to Section 798.18, a rental agreement for a term of 12
months or less from the date the offered rental agreement was to have
begun. In the event the homeowner elects to have a rental agreement
for a term of 12 months or less, including a month-to-month rental
agreement, the rental agreement shall contain the same rental
charges, terms, and conditions as the rental agreement offered
pursuant to subdivision (b), during the first 12 months, except for
options, if any, contained in the offered rental agreement to extend
or renew the rental agreement.
   (d) Nothing in subdivision (c) shall be construed to prohibit the
management from offering gifts of value, other than rental rate
reductions, to homeowners who execute a rental agreement pursuant to
this section.
   (e) With respect to any space in a mobilehome park that is exempt
under subdivision (a) from any ordinance, rule, regulation, or
initiative measure adopted by any local governmental entity that
establishes a maximum amount that a landlord may charge a homeowner
for rent, and notwithstanding any ordinance, rule, regulation, or
initiative measure, a mobilehome park shall not be assessed any fee
or other exaction for a park space that is exempt under subdivision
(a) imposed pursuant to any ordinance, rule, regulation, or
initiative measure. No other fee or other exaction shall be imposed
for a park space that is exempt under subdivision (a) for the purpose
of defraying the cost of administration thereof.
   (f) At the time the rental agreement is first offered to the
homeowner, the management shall provide written notice to the
homeowner of the homeowner's right (1) to have at least 30 days to
inspect the rental agreement, and (2) to void the rental agreement by
notifying management in writing within 72 hours of receipt of an
executed copy of the rental agreement. The failure of the management
to provide the written notice shall make the rental agreement
voidable at the homeowner's option upon the homeowner's discovery of
the failure. The receipt of any written notice provided pursuant to
this subdivision shall be acknowledged in writing by the homeowner.
   (g) No rental agreement subject to subdivision (a) that is first
entered into on or after January 1, 1993, shall have a provision
which authorizes automatic extension or renewal of, or automatically
extends or renews, the rental agreement for a period beyond the
initial stated term at the sole option of either the management or
the homeowner.
   (h) This section does not apply to or supersede other provisions
of this part or other state law.  
  SECTION 1.    Section 798.17.5 is added to the
Civil Code, to read:
   798.17.5.  Notwithstanding Section 798.17, with respect to
mobilehome park rents within its territorial jurisdiction, the
legislative body of a local governmental entity may enact a rent
control ordinance for a mobilehome park where the vacancy rate
exceeds ____ percent for a period of ____ months or where the rent
charged to mobilehome park residents exceeds ____ percent of the
average rents for mobilehome park residents within a ____ mile radius
of that park.