Bill Text: CA AB566 | 2009-2010 | Regular Session | Enrolled

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Bill Title: Mobilehome parks: conversion.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Vetoed) 2010-01-14 - Consideration of Governor's veto stricken from file. [AB566 Detail]

Download: California-2009-AB566-Enrolled.html

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BILL NUMBER: AB 566	ENROLLED
	BILL TEXT

	PASSED THE SENATE  SEPTEMBER 10, 2009
	PASSED THE ASSEMBLY  SEPTEMBER 12, 2009
	AMENDED IN SENATE  JULY 23, 2009
	AMENDED IN SENATE  JUNE 30, 2009
	AMENDED IN ASSEMBLY  APRIL 27, 2009

INTRODUCED BY   Assembly Member Nava
   (Principal coauthor: Assembly Member Furutani)

                        FEBRUARY 25, 2009

   An act to amend Section 66427.5 of the Government Code, relating
to mobilehome parks.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 566, Nava. Mobilehome parks: conversion.
   The Subdivision Map Act requires a subdivider, at the time of
filing a tentative or parcel map for a subdivision to be created from
the conversion of a mobilehome park to resident ownership, to avoid
the economic displacement of nonpurchasing residents by obtaining a
survey of support of residents of the mobilehome park for the
proposed conversion, among other things. The subdivider is required
to be subject to a hearing by a legislative body or advisory agency,
the scope of which is limited to the issue of compliance with the
requirement of conducting a survey and avoiding economic displacement
of nonpurchasing residents.
   This bill would authorize a legislative body or advisory body, in
deciding whether to approve, conditionally approve, or disapprove a
map, to consider, in that hearing, whether the survey demonstrates
that the majority of residents support the conversion.


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

  SECTION 1.  Section 66427.5 of the Government Code is amended to
read:
   66427.5.  At the time of filing a tentative or parcel map for a
subdivision to be created from the conversion of a rental mobilehome
park to resident ownership, the subdivider shall avoid the economic
displacement of all nonpurchasing residents in the following manner:
   (a) The subdivider shall offer each existing tenant an option to
either purchase his or her condominium or subdivided unit, which is
to be created by the conversion of the park to resident ownership, or
to continue residency as a tenant.
   (b) The subdivider shall file a report on the impact of the
conversion upon residents of the mobilehome park to be converted to
resident-owned subdivided interest.
   (c) The subdivider shall make a copy of the report available to
each resident of the mobilehome park at least 15 days prior to the
hearing on the map by the advisory agency or, if there is no advisory
agency, by the legislative body.
   (d) (1) The subdivider shall obtain a survey of support of the
residents of the mobilehome park for the proposed conversion.
   (2) The survey of support shall be conducted in accordance with an
agreement between the subdivider and a resident homeowners'
association, if any, that is independent of the subdivider or
mobilehome park owner.
   (3) The survey shall be obtained pursuant to a written ballot.
   (4) The survey shall be conducted so that each occupied mobilehome
space has one vote.
   (5) The results of the survey shall be submitted to the local
agency upon the filing of the tentative or parcel map, to be
considered as part of the subdivision map hearing prescribed by
subdivision (e).
   (e) The subdivider shall be subject to a hearing by a legislative
body or advisory agency, which is authorized by local ordinance to
approve, conditionally approve, or disapprove the map. The scope of
the hearing shall be limited to the issue of compliance with this
section. In deciding whether to approve, conditionally approve, or
disapprove a map pursuant to this section, the legislative body or
advisory agency may consider, in that hearing, whether the survey
required by subdivision (d) demonstrates that the majority of
residents support the conversion.
   (f) The subdivider shall be required to avoid the economic
displacement of all nonpurchasing residents in accordance with the
following:
   (1) As to nonpurchasing residents who are not lower income
households, as defined in Section 50079.5 of the Health and Safety
Code, the monthly rent, including any applicable fees or charges for
use of any preconversion amenities, may increase from the
preconversion rent to market levels, as defined in an appraisal
conducted in accordance with nationally recognized professional
appraisal standards, in equal annual increases over a four-year
period.
   (2) As to nonpurchasing residents who are lower income households,
as defined in Section 50079.5 of the Health and Safety Code, the
monthly rent, including any applicable fees or charges for use of any
preconversion amenities, may increase from the preconversion rent by
an amount equal to the average monthly increase in rent in the four
years immediately preceding the conversion, except that in no event
shall the monthly rent be increased by an amount greater than the
average monthly percentage increase in the Consumer Price Index for
the most recently reported period.