Bill Text: CA SB722 | 2017-2018 | Regular Session | Amended
Bill Title: Mobilehomes: principal residences: rent control.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2018-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB722 Detail]
Download: California-2017-SB722-Amended.html
Amended
IN
Senate
January 03, 2018 |
Amended
IN
Senate
April 18, 2017 |
Senate Bill | No. 722 |
Introduced by Senator Moorlach |
February 17, 2017 |
LEGISLATIVE COUNSEL'S DIGEST
Existing
(1)Existing
This bill would make a mobilehome rental agreement entered into on and after January 1, 2018, exempt from rent control if management determines that the homeowner executing the rental
agreement is the owner of another home, condominium, duplex, or other residence and management also determines that the homeowner is not excepted pursuant to specified criteria. The bill would except homeowners from the application of these provisions if management determines that the mobilehome is the homeowner’s sole residence, the homeowner sublets the mobilehome because of medical hardship, the mobilehome is transferred at death, or the mobilehome is actively held out for sale, as specified. The bill would require that the status of the mobilehome as a sole residence be determined in light of the totality of the circumstances and would specify a nonexclusive list of potential evidence in this regard.
The bill would prescribe notice requirements for management to apply if the terms
of tenancies are to be modified after being found exempt from rent control. After a determination that a tenancy is exempt because it is not the homeowner’s sole residence, the bill would authorize a homeowner to provide management an affidavit, signed under penalty of perjury, that he or she intends to occupy the mobilehome as his or her sole residence, and upon provision of the affidavit, rent control would resume, provided that management would be authorized to adjust the base rental rate for purposes of rent control, as specified. By expanding the definition of the crime of perjury, this bill would impose a state-mandated local program. The bill would specify also that certain
provisions are not to be construed to authorize a homeowner to change the homeowner’s exemption status of any other property or mobilehome owned by the homeowner.
(2)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 no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 798.21 of the Civil Code is amended to read:798.21.
(a) Notwithstanding Section 798.17, if a mobilehome space within a mobilehome park is not the principal residence of the homeowner and the homeowner has not rented the mobilehome to another party, it shall be exempt from any ordinance, rule, regulation, or initiative measure adopted by any city, county, or city and county, which establishes a maximum amount that the landlord may charge a tenant for rent.(a)Notwithstanding Sections 798.17 and 798.21, a rental agreement entered into on and after January 1, 2018, shall be subject to the requirements of this section. A rental agreement subject to the requirements of this section shall be exempt from any ordinance, rule, regulation, or initiative measure adopted by a city, county, or city and county that establishes a maximum amount that the landlord may charge a tenant for rent, if both of the following conditions exist:
(1)The homeowner executing the rental agreement is the owner of another home, condominium, duplex, or other residence.
(2)The management determines that the homeowner executing the rental agreement is not
excepted pursuant to subdivision (c).
(b)If a rental agreement is exempt from any ordinance, rule, regulation, or initiative measure adopted by a city, county, or city and county that establishes a maximum amount that the landlord may charge a tenant for rent under subdivision (a), the management may modify the rent or other terms of the tenancy. Management shall provide the homeowner with written notice at least 90 days in advance of the effective date of the proposed modification. The notice shall include copies of the evidence upon which the determination made pursuant to subdivision (a) is based. A homeowner shall have 30 days from the date the notice is mailed to review and dispute the management’s findings. Communications disputing management’s findings shall be in writing.
(c)A homeowner shall be excepted for purposes of paragraph (2) of subdivision (a) if one or more of
the following apply:
(1)The mobilehome is the sole residence of the homeowner. For purposes of this paragraph, a homeowner includes a person who has a full-time tenancy in a mobilehome park under a rental agreement, a senior who is a full-time resident of a mobilehome owned by a child of the senior, and a child with a disability who is a full-time resident of a mobilehome owned by a parent or guardian of the child. Whether a mobilehome is the sole residence of the homeowner shall be determined by management in light of the totality of the circumstances. Evidence of residence may include, but is not limited to, the following:
(A)The homeowner rents, leases, occupies, or has a present ownership interest in another place of residence. An ownership interest in a place of residence solely and exclusively occupied by the homeowner’s child or parent and his or her immediate family
shall not serve as evidence that the mobilehome is not the sole residence of the homeowner.
(B)Another place of residence appears as a matter of public record or in other evidence obtained by management.
(C)Monthly statements are mailed to, or payments are made from, a place of residence other than the tenancy at issue.
(D)The homeowner is regularly absent from the mobilehome for extended periods of time, other than for military service, hospitalization, vacation, family or friend emergency care, or other reasonable temporary or seasonal periods of absence, such as travel necessitated by employment or education.
(E)The mobilehome is used primarily for vacationing, storage, or business.
(F)The mobilehome has been subleased, or possession of the mobilehome has been transferred, without management’s approval, as provided in Sections 798.74 and 798.75.
(G)A review of state or county records demonstrates that the homeowner is receiving a homeowner’s exemption for another property or mobilehome.
(2)The homeowner subleases his or her home or space as a result of a medical hardship pursuant to Section 798.23.5.
(3)Ownership of the mobilehome is transferred, upon the death of the homeowner, to an heir, joint tenant, or personal representative consistent with Section 798.78.
(4)The mobilehome is being actively held available for sale by the homeowner, or pursuant to a listing agreement with a real estate broker licensed
pursuant to Chapter 3 (commencing with Section 10130) of Part 1 of Division 4 of the Business and Professions Code, or a mobilehome dealer, as defined in Section 18002.6 of the Health and Safety Code. A homeowner, real estate broker, or mobilehome dealer attempting to sell a mobilehome shall actively market and advertise the mobilehome for sale in good faith to bona fide purchasers for value in order to remain excepted pursuant to this paragraph. This paragraph shall apply as long as the mobilehome remains vacant and unoccupied. If the mobilehome is occupied, the exception provided by this paragraph shall apply only for a reasonable time sufficient to provide for sale of the mobilehome, which shall not exceed 120 days after the date of service of the notice described in subdivision (b).
(d)After a determination that a tenancy is exempt under subdivision (a) because it is not the sole residence of the homeowner, a homeowner may provide
management an affidavit, signed under penalty of perjury, that he or she intends to occupy the mobilehome as his or her sole residence. Upon provision of the affidavit, the application of an ordinance, rule, regulation, or initiative measure that establishes a maximum amount that the landlord may charge a tenant for rent shall resume, provided that the most recent rental rate charged to the homeowner after it was found to be exempt shall be the base rental rate.
(e)This section shall not be construed to authorize management to gain access to any record that would otherwise be confidential or privileged.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.