Bill Text: CA AB587 | 2015-2016 | Regular Session | Amended

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

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Bill Title: Mobilehomes: payments: nonpayment or late payments.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2016-09-21 - Chaptered by Secretary of State - Chapter 396, Statutes of 2016. [AB587 Detail]

Download: California-2015-AB587-Amended.html

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BILL NUMBER: AB 587	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 23, 2015
	AMENDED IN ASSEMBLY  APRIL 30, 2015
	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Member Chau

                        FEBRUARY 24, 2015

   An act  to amend Sections 798.15 and 798.74 of, and  to
add Section 798.58.5  to   to,  the Civil
Code, to amend Sections 18092.7, 18116.1,  and 18550
  18100.5, and 18550  of the Health and Safety
Code, and to amend Section 5832 of the Revenue and Taxation Code,
relating to mobilehomes.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 587, as amended, Chau. Mobilehomes: payments: nonpayment or
late payments.
   (1) Existing law subjects manufactured homes or mobilehomes sold
as new prior to July 1, 1980, to a vehicle license fee and requires
annual payment of the fee. Existing law provides that nonpayment of
certain fees and penalties, including the vehicle license fee,
constitutes a lien on the manufactured home or mobilehome, and
prohibits the Department of Housing and Community Development from,
among other things, issuing a duplicate or new certificate of title
or registration card or amending the permanent title record of the
manufactured home or mobilehome that is subject of that lien.
   This bill, when a person who is not currently the registered owner
of a manufactured home or mobilehome applies to the department for
registration or transfer of registration of the manufactured home or
mobilehome prior to December 31, 2018, and meets other specified
requirements, would require the department to waive all outstanding
charges assessed by the department prior to the transfer of title of
the manufactured home or mobilehome, release any lien imposed with
respect to those charges, issue a duplicate or new certificate of
title or registration card, and amend the title record of the
manufactured home or mobilehome.  This bill   would
require a registered owner to apply to the department for a transfer
clearance certificate, as specified   , prior to
transferring any ownership interest or transferring or creating any
security interest in the manufactured home or mobilehome. This bill
  would require the department   , upon
notification of any transfer of any ownership interest or
transferring or creating any security interest in a manufactured home
or mobilehome, to notify the transferee of the obligation to title
and register the home and the procedure for titling and registration,
and would require the department to notify the park management if
the transferee fails to comply with the titling and registration
requirements.  
   This bill would require the transferor or the owner of the
mobilehome park, as applicable, whenever any title or interest in a
manufactured home, mobilehome, commercial coach, truck camper, or
floating home, or, whenever any title or interest of a registered
owner of a manufactured home or mobilehome located within a
mobilehome park, is transferred to another person or entity, to
notify the department, as specified, and would authorize the
department to prescribe a form for this purpose. 
   (2) Existing law provides that mobilehomes and manufactured homes
not subject to the vehicle license fee are subject to local property
taxation, and requires the department to withhold the registration or
transfer of registration of any manufactured home or mobilehome
subject to local property taxation until the applicant for
registration presents a tax clearance certificate or conditional tax
clearance certificate issued by the tax collector of the county where
the manufactured home or mobilehome is located. Existing law
requires the county tax collector to issue a tax clearance
certificate or conditional tax clearance certificate if specified
requirements are met. 
   The California Constitution authorizes the Legislature to exempt
personal property from taxation by means of a statute approved by a
2/3 vote of the membership of each house. 
   This bill, when a person who is not currently the registered owner
of a manufactured home or mobilehome subject to local property
taxation applies to the department for registration or transfer of
registration of the manufactured home or mobilehome prior to December
31, 2018, and meets other specified requirements, would require the
department to issue a conditional transfer of title. The bill would
require a county tax collector to issue a tax liability certificate
to a person with a conditional transfer of title who applies for the
certificate prior to January 1,  2019, and pays the taxes
  2019. Pursuant to the constitutional authorization
described above, this bill would require the payment of only a
portion of the taxes, as specified,  reasonably owed from the
date of sale of the manufactured home or mobilehome. By increasing
the duties of county tax  collectors  
collectors,  this bill would impose a state-mandated local
program. 
   (3) The Mobilehome Residency Law governs the terms and conditions
of residency in mobilehome parks and prescribes the content of a
rental agreement for a tenancy.  
   This bill would require a rental agreement to contain a provision
stating that, prior to transferring any ownership interest in the
mobilehome or manufactured home, the management may require proof of
registration as owner and a copy of a transfer clearance certificate
issued by the Department of Housing and Community Development. 

   (3) 
    (4)  Existing law authorizes the management of a
mobilehome park to terminate a tenancy for, among other things,
failure of the homeowner or resident to comply with a local ordinance
or state law or regulation relating to mobilehomes within a
reasonable time after the homeowner receives a notice of
noncompliance from the appropriate governmental agency. Under
existing law, it is unlawful for any person to use or cause, or
permit to be used for occupancy, any manufactured home or mobilehome
that does not conform to the registration requirements of the
department.
   This bill would prohibit eviction from a mobilehome park for
nonconformance with the registration and titling requirements of
state law prior to January 1, 2017, or when an application to
transfer title of a manufactured home or mobilehome pursuant to the
above-described provisions is filed prior to January 1, 2019, and
completed within one year of the filing date. The bill would provide
that it is not unlawful under these conditions for a park owner to
permit an applicant to transfer title who is not in compliance with
the registration requirements of the department to occupy a
manufactured home or mobilehome. The bill would also make related and
conforming changes. 
   (5) Existing law authorizes the management of a mobilehome park to
require prior approval of a purchaser of a mobilehome that will
remain in the park.  
   This bill would also authorize the management to require proof of
registration as owner and a copy of a transfer clearance certificate
issued by the Department of Housing and Community Development. This
bill would require management to notify the Department of Housing and
Community Development of the sale of a home by forwarding specified
information to the department if management approves for residency a
prospective homeowner who is purchasing a home that will remain in
the park and enters into a lease agreement with the prospective
homeowner.  
   (4) 
    (6)  The California Constitution requires the state to
reimburse local agencies and school districts for certain costs
mandated by the state. Statutory provisions establish procedures for
making that reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions. 
   (5) 
    (7)  Section 2229 of the Revenue and Taxation Code
requires the Legislature to reimburse local agencies annually for
certain property tax revenues lost as a result of any exemption or
classification of property for purposes of ad valorem property
taxation.
   This bill would provide that, notwithstanding Section 2229 of the
Revenue and Taxation Code, no appropriation is made and the state
shall not reimburse local agencies for property tax revenues lost by
them pursuant to the bill.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

   SECTION 1.    Section 798.15 of the   Civil
Code   is amended to read: 
   798.15.  The rental agreement shall be in writing and shall
contain, in addition to the provisions otherwise required by law to
be included, all of the following:
   (a) The term of the tenancy and the rent therefor.
   (b) The rules and regulations of the park.
   (c) A copy of the text of this chapter shall be provided as an
exhibit and shall be incorporated into the rental agreement by
reference. Management shall do one of the following prior to February
1 of each year, if a significant change was made in this chapter by
legislation enacted in the prior year:
   (1) Provide all homeowners with a copy of this chapter.
   (2) Provide written notice to all homeowners that there has been a
change to this chapter and that they may obtain one copy of this
chapter from management at no charge. Management shall provide a copy
within a reasonable time, not to exceed seven days, upon request.
   (d) A provision specifying that (1) it is the responsibility of
the management to provide and maintain physical improvements in the
common facilities in good working order and condition and (2) with
respect to a sudden or unforeseeable breakdown or deterioration of
these improvements, the management shall have a reasonable period of
time to repair the sudden or unforeseeable breakdown or deterioration
and bring the improvements into good working order and condition
after management knows or should have known of the breakdown or
deterioration. For purposes of this subdivision, a reasonable period
of time to repair a sudden or unforeseeable breakdown or
deterioration shall be as soon as possible in situations affecting a
health or safety condition, and shall not exceed 30 days in any other
case except where exigent circumstances justify a delay.
   (e) A description of the physical improvements to be provided the
homeowner during his or her tenancy.
   (f) A provision listing those services which will be provided at
the time the rental agreement is executed and will continue to be
offered for the term of tenancy and the fees, if any, to be charged
for those services.
   (g) A provision stating that management may charge a reasonable
fee for services relating to the maintenance of the land and premises
upon which a mobilehome is situated in the event the homeowner fails
to maintain the land or premises in accordance with the rules and
regulations of the park after written notification to the homeowner
and the failure of the homeowner to comply within 14 days. The
written notice shall state the specific condition to be corrected and
an estimate of the charges to be imposed by management if the
services are performed by management or its agent. 
   (h) A provision stating that, prior to transferring any ownership
interest in the mobilehome or manufactured home, the management may
require proof of registration as owner pursuant to Section 18080.1 of
the Health and Safety Code and a copy of a transfer clearance
certificate issued by the Department of Housing and Community
Development pursuant to Section 18116.1 of the Health and Safety
Code.  
   (h) 
    (i)  All other provisions governing the tenancy.

   (i) 
    (j)  A copy of the following notice. Management shall
also, prior to February 1 of each year, provide a copy of the
following notice to all homeowners:
        IMPORTANT NOTICE TO ALL MANUFACTURED
   HOME/MOBILEHOME OWNERS: CALIFORNIA LAW REQUIRES
      THAT YOU BE MADE AWARE OF THE FOLLOWING:
The Mobilehome Residency Law (MRL), found
in Section 798 et seq. of the Civil Code,
establishes the rights and responsibilities of
homeowners and park management. The MRL is deemed
a part of the terms of any park rental agreement
or lease. This notice is intended to provide you
with a general awareness of selected parts of the
MRL. It does not serve as a legal explanation or
interpretation. For authoritative information,
you must read and understand the laws. These laws
change from time to time. In any year in which
the law has changed, you may obtain one copy of
the full text of the law from management at no
charge. This notice is required by Civil Code
Section 798.15(i) and the information provided
may not be current.
Homeowners and park management have certain
rights and responsibilities under the MRL. These
include, but are not limited to:
      Management must give a homeowner written
1.   notice of any increase in his or her rent at
      least 90 days before the date of the
      increase. (Civil Code Section 798.30)
      No rental or sales agreement may contain a
      provision by which a purchaser or a
2.   homeowner waives any of his or her rights
      under the MRL. (Civil Code Sections 798.19,
      798.77)
      Management may not terminate or refuse to
      renew a homeowner's tenancy except for one
3.   or more of the authorized reasons set forth
      in the MRL. (Civil Code Sections 798.55,
      798.56)
      A homeowner must give written notice to the
4.   management of not less than 60 days before
      vacating his or her tenancy. (Civil Code
      Section 798.59)
      Homeowners, residents, and their guests must
      comply with the rental agreement or lease,
      including the reasonable rules and
5.   regulations of the park and all applicable
      local ordinances and state laws and
      regulations relating to mobilehomes. Failure
      to comply could be grounds for eviction from
      the park. (Civil Code Section 798.56)
      Homeowners must pay rent, utility charges,
      and reasonable incidental service charges in
6.   a timely manner. Failure to comply could be
      grounds for eviction from the park. (Civil
      Code Section 798.56)
      Homeowners have a right to peacefully
      assemble and freely communicate with respect
      to mobilehome living and for social or
      educational purposes. Homeowners have a
      right to meet in the park, at reasonable
      hours and in a reasonable manner, for any
      lawful purpose. Homeowners may not be
      charged a       cleaning deposit in order to
7.   use the park clubhouse for meetings of
      resident organizations or for other lawful
      purposes, such as to hear from political
      candidates, so long as a homeowner of the
      park is hosting the meeting and all park
      residents are allowed to attend. Homeowners
      may not be required to obtain liability
      insurance in order to use common facilities
      unless alcohol is served. (Civil Code
      Sections 798.50, 798.51)
      If a home complies with certain standards,
      the homeowner is entitled to sell it in
      place in the park. Management may require
      certain upgrades. Management may not require
      a homeowner to sell his or her home to the
      park, may not charge a transfer or selling
8.   fee, and may not require a homeowner to use
      a broker or dealer approved by the park. A
      homeowner has a right to advertise his or
      her home for sale. Management may deny
      approval of a buyer, but only for certain
      reasons listed in the law. (Civil Code
      Sections 798.70-798.74)
      Management has the right to enter the space
      upon which a mobilehome is situated for
      maintenance of utilities, trees, and
      driveways; for inspection and maintenance of
      the space in accordance with the rules and
      regulations of the park when the homeowner
9.   or resident fails to maintain the space; and
      for protection and maintenance of the
      mobilehome park at any reasonable time, but
      not in a manner or at a time that would
      interfere with the resident's quiet
      enjoyment of his or her home. (Civil Code
      Section 798.26)
      A homeowner may not make any improvements or
      alterations to his or her space or home
      without following the rules and regulations
      of the park and all applicable local
      ordinances and state laws and regulations,
10.  which may include obtaining a permit to
      construct, and, if required by park rules or
      the rental       agreement, without prior
      written approval of management. Failure to
      comply could be grounds for eviction from
      the park. (Civil Code Section 798.56)


   SECTION 1.   SEC. 2.   Section 798.58.5
is added to the Civil Code, to read:
   798.58.5.  Notwithstanding Section 798.56, nonconformance with the
registration and titling requirements of state law, including, but
not limited to, nonpayment or late payment of any fees, taxes,
penalties, or interest related to the ownership of a mobilehome or
manufactured home, shall not be a basis for eviction from a
mobilehome park in either of the following situations:
   (a) If the nonconformance occurs prior to January 1, 2017.
   (b) An application to transfer title pursuant to Article 4
(commencing with Section 18098) of Chapter 8 of Part 2 of Division 13
or subdivision (d) of Section 18116.1 of the Health and Safety Code
is filed prior to January 1, 2019, and completed within one year of
the filing date.
   SEC. 3.    Section 798.74 of the   Civil
Code   is amended to read: 
   798.74.  (a) The management may require the right of prior
approval of a purchaser of a mobilehome that will remain in the park
and that the selling homeowner or his or her agent give notice of the
sale to the management before the close of the  sale.
  sale,   proof of registration as owner
pursuant to Section 18080.1 of the Health and Safety Code, and a copy
of the transfer clearance certificate issued by the Department of
Housing and Community Dev   elopment pursuant to Section
18116.1 of the Health and Safety Code.  Approval cannot be
withheld if the purchaser has the financial ability to pay the rent
and charges of the park unless the management reasonably determines
that, based on the purchaser's prior tenancies, he or she will not
comply with the rules and regulations of the park. In determining
whether the purchaser has the financial ability to pay the rent and
charges of the park, the management shall not require the purchaser
to submit copies of any personal income tax returns in order to
obtain approval for residency in the park. However, management may
require the purchaser to document the amount and source of his or her
gross monthly income or means of financial support.
   Upon request of any prospective homeowner who proposes to purchase
a mobilehome that will remain in the park, management shall inform
that person of the information management will require in order to
determine if the person will be acceptable as a homeowner in the
park.
   Within 15 business days of receiving all of the information
requested from the prospective homeowner, the management shall notify
the seller and the prospective homeowner, in writing, of either
acceptance or rejection of the application, and the reason if
rejected. During this 15-day period the prospective homeowner shall
comply with the management's request, if any, for a personal
interview. If the approval of a prospective homeowner is withheld for
any reason other than those stated in this article, the management
or owner may be held liable for all damages proximately resulting
therefrom.
   (b) If the management collects a fee or charge from a prospective
purchaser of a mobilehome in order to obtain a financial report or
credit rating, the full amount of the fee or charge shall be credited
toward payment of the first month's rent for that mobilehome
purchaser. If, for whatever reason, the prospective purchaser is
rejected by the management, the management shall refund to the
prospective purchaser the full amount of that fee or charge within 30
days from the date of rejection. If the prospective purchaser is
approved by the management, but, for whatever reason, the prospective
purchaser elects not to purchase the mobilehome, the management may
retain the fee, or a portion thereof, to defray its administrative
costs under this section. 
   (c) If management approves for residency a prospective homeowner
who is purchasing a home that will remain in the park and enters into
a lease agreement with the prospective homeowner, management shall,
within 20 days, notify the Department of Housing and Community
Development of the sale of the home by forwarding to the department
the name of the transferor, the name of the transferee and the
address or location of the home, pursuant to Section 18100.5 of the
Health and Safety code. 
   SEC. 2.   SEC. 4.   Section 18092.7 of
the Health and Safety Code is amended to read:
   18092.7.  (a)  Except as provided in subdivision (b) and Section
18116.1, the department shall withhold the registration or transfer
of registration of any manufactured home, mobilehome, or floating
home which is subject to local property taxation, other than a new
manufactured home, mobilehome, or floating home for which application
is being made for an original registration, until the applicant
presents a tax clearance certificate or a conditional tax clearance
certificate issued pursuant to Section 2189.8 or 5832 of the Revenue
and Taxation Code by the tax collector of the county where the
manufactured home, mobilehome, or floating home is located. Any
conditional tax clearance certificate presented shall indicate that
the tax liability has been satisfied pursuant to paragraph (3) of
subdivision (m) of Section 18035.
   (b)  In lieu of the tax clearance certificate or conditional tax
clearance certificate required by subdivision (a), the department may
accept a certification signed by the escrow officer under penalty of
perjury that the tax collector of the county where the manufactured
home is located has failed to respond to the written demand for a
conditional tax clearance certificate as prescribed by subdivision
(m) of Section 18035.
   SEC. 5.    Section 18100.5 of the   Health
and Safety Code   is amended to read: 
   18100.5.  (a)  Whenever any title or interest in a
manufactured home, mobilehome, commercial coach, or truck camper, or
floating home is transferred to another person or entity, in addition
to any notice provided pursuant to this section, the transferor
shall, within 20 days, notify the department of the interest
transferred and the party to whom it was transferred. The department
may prescribe a form to be used for this purpose.  
   (b) Whenever any title or interest of a registered owner of a
manufactured home or mobilehome located within a mobilehome park is
transferred to another person or entity, the owner of the mobilehome
park shall, within 20 days, notify the department of the name of the
transferor, the name of the transferee and the address or location of
the home. The department may prescribe a form to be used for this
purpose. 
    (c)  If the title or interest of a registered owner,
legal owner, junior lienholder in a manufactured home, mobilehome,
commercial coach, or truck camper, or floating home for which an
original registration under this part has been obtained is
transferred to another person, or, if all outstanding secured
obligations previously held by a legal owner registered on the
original or a subsequent registration or by a junior lienholder are
satisfied and the person no longer has any obligation to extend
credit, incur obligations, or otherwise give value to be secured by
the manufactured home, mobilehome, commercial coach, truck camper, or
floating home, or, if a security interest is taken in a manufactured
home, mobilehome, commercial coach, truck camper, or floating home
after the permanent title record has been established, the department
shall be notified within 20 days and shall act as follows:
   (1) If the title or interest of a registered owner or legal owner
is being transferred, the transferor and the transferee of the title
or interest shall execute in the manner prescribed by the department
the certificate of title for the manufactured home, mobilehome,
commercial coach, truck camper, or floating home. If the transfer is
made by a registered owner and the transferee is to assume the
underlying indebtedness secured by the manufactured home, mobilehome,
commercial coach, truck camper, or floating home and owed to a legal
owner, the legal owner shall state on the certificate of title that
legal title and interest are to be retained. The certificate of title
along with all other supporting documents shall be fowarded to the
department with appropriate fees. The department shall appropriately
amend the permanent title record of the manufactured home,
mobilehome, commercial coach, truck camper, or floating home, forward
a new certificate of title reflecting the change to the permanent
title record to the legal owner by first-class mail, and forward an
amended registration card reflecting the change to the permanent
title record to the registered owner with copies to all secured
parties shown on the permanent title record. If there is no legal
owner, the new certificate of title and amended registration card
shall be forwarded to the registered owner.
   (2) If the interest of a junior lienholder is being transferred,
the transferor and the transferee shall execute in a manner
prescribed by the department the registration card, and the card so
executed shall be forwarded to the department with appropriate fees.
The department shall appropriately amend the permanent title record
and forward an amended registration card reflecting the change to the
permanent title record to the registered owner with copies to all
secured parties shown on the permanent title record.
   (3) If a creditor acquires a security interest in a manufactured
home, mobilehome, commercial coach, truck camper, or floating home
after the permanent title record has been established, the department
shall amend the permanent title record to reflect the interest as
that of a legal owner or as that of a junior lienholder, as
appropriate. If the permanent title record already reflects the
interest of one or more junior lienholders, the creditor then
perfecting its interest pursuant to this section shall be designated
as the most junior lienholder.
   (4) If a legal owner no longer holds an outstanding obligation or
a commitment to make advances, incur obligations, or otherwise give
value to be secured by the manufactured home, mobilehome, commercial
coach, or truck camper, or floating home, the legal owner shall
indicate its release of lien by appropriately signing the certificate
of title for the manufactured home, mobilehome, commercial coach,
truck camper, or floating home and forward the certificate of title
to the department with appropriate fees. The department shall
appropriately amend the permanent title record for the manufactured
home, mobilehome, commercial coach, truck camper, or floating home,
deliver a new certificate of title reflecting the change to the
permanent title record to the new legal owner, if any, by first-class
mail, and forward an amended registration card reflecting the change
to the permanent title record to the registered owner with copies to
all secured parties shown on the registration card. For purposes of
this paragraph, the following person shall be designated as the new
legal owner:
   (A) The junior lienholder, if any.
   (B) If there is more than one junior lienholder, the junior
lienholder whose statement of lien was designated as the most senior
junior lienholder on the permanent title record shall be the legal
owner.
   (5) If a junior lienholder no longer holds an outstanding
obligation or a commitment to make advances, incur obligations, or
otherwise give value to be secured by the manufactured home,
mobilehome, commercial coach, truck camper, or floating home, the
junior lienholder shall forward the properly executed and released
junior lienholder registration card to the department with
appropriate fees. The department shall appropriately amend the
permanent title record for the manufactured home, mobilehome,
commercial coach, truck camper, or floating home and forward an
amended registration card reflecting the change to the permanent
title record to the registered owner with copies to all secured
parties shown on the permanent title record. 
   (b) 
    (d)  (1) Notwithstanding subdivision (d) of this section
and subdivisions (c) and (e) of Section 18080.7, for the 120-day
period beginning upon the receipt by the department of the notice of
escrow and appropriate fee provided by paragraph (2) of subdivision
(d) of Section 18035, or until the escrow is canceled or until the
escrow closes and the resulting transfers of ownership interests and
transfers or creation of legal owner and junior lienholder interests
are acknowledged by the department as amendments to the permanent
title record of the manufactured home, mobilehome, truck camper, or
floating home, whichever is earlier, the department, except at its
sole discretion, shall impose a moratorium on all of the following:
   (A) On any other amendments to the permanent title record of the
manufactured home, mobilehome, truck camper, or floating home for the
purpose of transferring any ownership interest or transferring or
creating any security interest in the manufactured home or
mobilehome.
   (B) On issuing any duplicate, substitute, or new certificate of
title, registration card, or copy of a registration card regarding
the manufactured home, mobilehome, or floating home.
   (C) On subsequent notices of escrow openings.
   (2) The department shall, upon receipt of the notice of escrow and
the appropriate fee, forward to the escrow agent an acknowledgment
of receipt and a true and correct copy of the permanent title record
as of the commencement of the period of moratorium. 
   (c) 
    (e)  If a secured party fails to comply with the
provisions of subdivision (a) relating to releases of lien and the
secured party thereafter receives a written demand from the
registered owner that the secured party release its lien, the secured
party shall be liable to the registered owner for all actual damages
suffered by the registered owner by reason of the failure to release
the lien unless the secured party, within 20 days of receipt of the
demand, complies with the requirements of subdivision (a), except
where the secured party has reasonable cause for noncompliance.

   (d) 
    (f)  Whenever the title or interest of the registered
owner or legal owner in or to a manufactured home, mobilehome,
commercial coach, truck camper, or floating home registered under
this part passes to another in a manner other than by voluntary
transfer, the new registered owner or legal owner may obtain a
transfer of registration upon application therefor and upon
presentation of the last certificate of title, if available, and
current registration card, if available, issued for the manufactured
home, mobilehome, commercial coach, truck camper, or floating home
and any instruments or documents of authority or certified copies
thereof as may be required by the department, or required by law, to
evidence or effect the transfer of title or interest in that case.
The department, when satisfied of the genuineness and regularity of
the transfer, shall amend the permanent title record of the
manufactured home, mobilehome, commercial coach, truck camper, or
floating home, issue a new current registration card and certificate
of title, and forward copies of the current registration card to all
junior lienholders. 
   (e) 
    (g)  The department shall not transfer registration
until the applicant complies with the requirements of Section
18092.7.
   SEC. 3.   SEC. 6.   Section 18116.1 of
the Health and Safety Code is amended to read:
   18116.1.  (a) Nonpayment of the fees and penalties provided for in
Sections 18114, 18114.1, and 18115, and in subdivisions (a), (b),
(c), and (d) of Section 18116 that are due on a mobilehome,
manufactured home, commercial coach, truck camper, or floating home
shall constitute a lien in favor of the State of California in the
amount owing.
   (b) Notwithstanding any other provision of law, the lien provided
for in subdivision (a) shall include all fees and penalties due and
unpaid beginning with the fees for original registration that became
delinquent for 120 days or more and continue to accrue to include all
fees and penalties that subsequently become due and remain unpaid.
   (c) Until the amount of a lien provided for in subdivision (a) or
(b) is paid to the department, the department shall not do either of
the following:
   (1) Amend the permanent title record of the manufactured home,
mobilehome, commercial coach, truck camper, or floating home which is
the subject of the lien for the purpose of transferring any
ownership interest or transferring or creating any security interest
in the manufactured home, mobilehome, commercial coach, truck camper,
or floating home.
   (2) Issue any duplicate, substitute, or new certificate of title,
registration card, or copy of a registration card with respect to the
manufactured home, mobilehome, commercial coach, truck camper, or
floating home which is the subject of the lien.
   (d) (1) When application is made to the department for
registration or transfer of registration of a manufactured home or
mobilehome, and the applicant is not currently the registered owner,
with respect to all charges assessed by the department prior to the
date the title or interest in the manufactured home or mobilehome was
transferred to the applicant, the department shall release any lien
imposed pursuant to this chapter and waive all outstanding charges
assessed by the department, if all of the following requirements are
met:
   (A) The applicant provides documentation demonstrating to the
satisfaction of the department ownership and the date of acquisition
of ownership interest pursuant to Section 18100.5 or 18102.5.
   (B) The application is made prior to December 31, 2018.
   (C) The applicant pays any charges assessed by the department
during the period between the time the applicant took ownership
interest or December 31, 2014, whichever is later, and the time the
applicant applies for relief pursuant to this subdivision.
   (D) The applicant has not previously filed for relief pursuant to
this subdivision. 
   (E) Any lien pursuant to Section 16182 of the Government Code has
been satisfied. 

      (2) If the applicant meets the requirements of paragraph (1)
and the other requirements of this chapter not related to nonpayment
or late payment of the department's charges, fees, and penalties
related to registration and titling, the department shall waive the
outstanding charges, fees, or penalties identified in paragraph (1),
amend the title record, and issue a duplicate, substitute, or new
certificate of title, registration card, or copy of a registration
card with respect to the manufactured home or mobilehome, in
conformance with this chapter.
   (3) For purposes of any amounts owing pursuant to this
subdivision, the department may establish a long term payment program
of up to five years. The department may provide that any amounts
owing under the payment program shall constitute a lien in favor of
the State of California in the amount owing and shall be paid in full
if the manufactured home or mobilehome is subsequently transferred.
Failure to make the payments required by the plan is a violation of
this chapter for which the department may suspend, revoke, or cancel
the certificate of title pursuant to Section 18122.
   (4) (A) If the manufactured home or mobilehome for which an
application has been submitted and approved pursuant to this
subdivision and the other requirements of this chapter not related to
nonpayment or late payment of the department's charges, fees, and
penalties related to registration and titling, is subject to local
property taxation, the department shall issue a conditional transfer
of title.
   (B) Upon presentation of a completed tax liability certificate as
provided in subdivision (f) of Section 5832 of the Revenue and
Taxation Code, if the applicant meets all of the requirements of this
section and the other requirements of this chapter not related to
nonpayment or late payment of the department's charges, fees, and
penalties related to registration and titling, and the requirements
of paragraph (2) are met, the department shall amend the title record
and issue a duplicate, substitute, or new certificate of title. 

   (e) Prior to transferring any ownership interest or transferring
or creating any security interest in the manufactured home or
mobilehome, a registered owner shall apply to the department for a
transfer clearance certificate indicating the department may amend
the title record and transfer the registration of the mobilehome or
manufactured home. The department shall issue the transfer clearance
certificate if it determines that it is not prohibited by law from
amending the title record and transferring the registration of the
mobilehome or manufactured home. This certificate shall expire 90
days from the date of issuance.  
   (f) Upon notification of any transfer of any ownership interest or
transferring or creating any security interest in a manufactured
home or mobilehome, the department shall notify the transferee of the
obligation to title and register the home pursuant to this chapter
and the procedure for titling and registration. If, after 90 days,
the transferee has not complied with the titling and registration
requirements of this chapter, the department shall notify the
transferee and, if the mobilehome or manufactured home is located in
a mobilehome park, the park management of the transferee's failure to
comply. 
   SEC. 4.   SEC. 7.   Section 18550 of the
Health and Safety Code is amended to read:
   18550.  It is unlawful for any person to use or cause, or permit
to be used for occupancy, any of the following manufactured homes or
mobilehomes wherever the manufactured homes or mobilehomes are
located, or recreational vehicles located in mobilehome parks:
   (a) Any manufactured home, mobilehome, or recreational vehicle
supplied with fuel, gas, water, electricity, or sewage connections,
unless the connections and installations conform to regulations of
the department.
   (b) Any manufactured home, mobilehome, or recreational vehicle
that is permanently attached with underpinning or foundation to the
ground, except for a manufactured home or mobilehome bearing a
department insignia or federal label, that is installed in accordance
with this part.
   (c) (1) Any manufactured home or mobilehome that does not conform
to the registration requirements of the department, except as
otherwise provided in this subdivision.
   (2) Nonconformance is not a basis for eviction from a mobilehome
park of a person claiming to be an owner of a manufactured home or
mobilehome in either of the following situations:
   (A) If the noncomformance occurs prior to January 1, 2017.
   (B) If the person files an application to transfer title pursuant
to Article 4 (commencing with Section 18098) of Chapter 8 of Part 2
of Division 13 or subdivision (d) of Section 18116.1 prior to January
1, 2019, and completes the application within one year of the filing
date.
   (3) It is not a violation of this section for a park owner to
allow a person not in compliance with the registration requirements
of the department to occupy a manufactured home or mobilehome if the
person meets the requirements of paragraph (2).
   (d) Any manufactured home, mobilehome, or recreational vehicle in
an unsafe or unsanitary condition.
   (e) Any manufactured home, mobilehome, or recreational vehicle
that is structurally unsound and does not protect its occupants
against the elements.
   SEC. 5.   SEC. 8.   Section 5832 of the
Revenue and Taxation Code is amended to read:
   5832.  (a) (1) Upon application, the county tax collector shall
issue a tax clearance certificate or a conditional tax clearance
certificate.
   (2) Any tax clearance certificate issued shall be used to permit
registration of used manufactured homes and for any other purposes
that may be prescribed by the Controller. The certificate may
indicate that the county tax collector finds that no local property
tax is due or is likely to become due, or that any applicable local
property taxes have been paid or are to be paid in a manner not
requiring the withholding of registration or the transfer of
registration.
   (3) Any conditional tax clearance certificate issued shall
indicate that the county tax collector finds that a tax liability
exists, the amount due, and the final date that amount may be paid
before a further tax liability is incurred. The certificate shall be
in any form that the Controller may prescribe, and shall be executed,
issued, and accepted for clearance of registration or permit
issuance on the conditions which the Controller may prescribe.
   (b) Within five working days of receipt of the written demand for
a conditional tax clearance certificate or tax clearance certificate,
the county tax collector shall forward the conditional tax clearance
certificate or tax clearance certificate, showing no tax liability
exists, to the requesting escrow officer. In the event the final due
date of the tax clearance certificate or conditional tax clearance
certificate expires within 30 days of the date of its issuance, an
additional conditional tax clearance certificate or tax clearance
certificate shall be completed, which has a final due date of at
least 30 days beyond the date of issuance. The tax collector shall
not charge a fee for the issuance of a certificate unless a
previously issued tax clearance certificate or conditional tax
clearance certificate expires prior to the date upon which title
transfers. The fee for the issuance of a subsequent certificate with
respect to that manufactured home shall be an amount equal to the
actual costs of preparing and processing that certificate.
   (c) If the tax collector fails to comply with the demand within 30
days from the date the demand is mailed, the escrow officer may
close the escrow in accordance with the provisions of subdivision (m)
of Section 18035 of the Health and Safety Code.
   (d) Notwithstanding any provisions of law requiring the tax
collector to issue a tax clearance certificate or conditional tax
clearance certificate within a specified period of time, when an
escrow information demand is made pursuant to Section 18035 of the
Health and Safety Code for a manufactured home that has not been
enrolled in the county, the tax collector shall be afforded the
number of working days necessary for the assessor to determine the
value of the manufactured home and for the auditor to extend tax
liability.
   (e) The issuance, alteration, forgery, or use of any tax clearance
certificate or conditional certificate in a manner contrary to the
requirements of the Controller constitutes a misdemeanor.
   (f) (1) Prior to January 1, 2019, a person with a conditional
transfer of title as described in subparagraph (A) of paragraph (4)
of subdivision (d) of Section 18116.1 of the Health and Safety Code
may apply to the tax collector to issue either a tax liability or tax
clearance certificate. The county tax collector shall issue a tax
liability certificate if the person pays the taxes reasonably owed
from the date of sale as shown on the conditional transfer of title,
without penalties or interest, and not to exceed the amounts
attributable one year prior to January 1, 2016.
   (2) Upon issuance of a tax clearance or liability certificate, the
applicant shall be listed as the owner of record for all local
property tax purposes and the home shall not be subject to lien or
seizure based on any taxes, penalties, or interest as noted on the
certificate issued pursuant to paragraph (1). The tax collector shall
notify the assessor and other county agencies of the change.
   (3) This subdivision does not relieve any owner other than the
applicant from tax liability, including penalties and interest,
arising from nonpayment prior to the date of sale, or prohibit a
county tax collector from collecting delinquent taxes, penalties, or
interest due prior to the date of sale, from any owner other than the
applicant.
   SEC. 6.   SEC. 9.   The Legislature
finds and declares that the abatement of taxes, penalties, and
interest incurred prior to the date of sale of a mobilehome or
manufactured home to an applicant, as described in this act, serves a
public purpose and does not constitute a gift of public funds within
the meaning of Section 6 of Article XVI of the California
Constitution.
   SEC. 7.   SEC. 10.   If the Commission
on State Mandates determines that this act contains costs mandated by
the state, reimbursement to local agencies and school districts for
those costs shall be made pursuant to Part 7 (commencing with Section
17500) of Division 4 of Title 2 of the Government Code.
   SEC. 8.   SEC. 11.   Notwithstanding
Section 2229 of the Revenue and Taxation Code, no appropriation is
made by this act and the state shall not reimburse any local agency
for any property tax revenues lost by it pursuant to this act.