SB 1093

(1) Existing law establishes the Department of Housing and Community Development (the department) and requires it to administer various programs intended to promote the development of housing, including mobilehome parks, as defined. Existing law, the Planning and Zoning Law, requires, before the conversion of a mobilehome park to another use, except as specified, or before closure of a mobilehome park or cessation of use of the land as a mobilehome park, the person or entity proposing the change in use to file a report on the impact of the conversion, closure, or cessation of use of the mobilehome park. Existing law requires the impact report to include a replacement and relocation plan that adequately mitigates the impact upon the ability of the displaced residents of the mobilehome park to find adequate housing in a mobilehome park. Existing law requires the report, if a closure, cessation, or change of use is the result of damage or destruction of the mobilehome park by a disaster, as defined, to include a technical service inspection report from the department that identifies the observed conditions within the park. Existing law, the Mobilehome Residency Law, governs the terms and conditions of residency in mobilehome parks. Existing law requires management, as defined, of a mobilehome park to offer the previous homeowner a right of first refusal to a renewed tenancy in the park if the park is destroyed due to a fire or other natural disaster and management elects to rebuild the park in the same location. Existing law, when a mobilehome tenancy is terminated due to damage or the destruction of the mobilehome park or any space as a result of a disaster, as defined, requires management to return to the homeowner any advance rental payments received from the homeowner that cover any period of time after the date of the termination, and discharges the homeowner’s obligation to pay rent during any period that a homeowner is unable to occupy their mobilehome or mobilehome space due to a mandatory evacuation order pursuant to a disaster. This bill would require management to provide written and electronic status updates every week for the first 8 weeks after a park is damaged or destroyed by a disaster, and monthly thereafter, to the residents of the park until the park reopens or receives final approval of a change of use, cessation of use, or closure, as provided. The bill would prohibit management from restricting a resident of the park from accessing their mobilehome on any date later than 7 days after evacuation orders are lifted or distributing a waiver of liability to the residents of the park unless authorized by the department. This bill would require management, before initiating or while pursuing a change of use, cessation of use, or closure related to damage or destruction of the mobilehome park by a disaster, to perform specified evaluations, investigations, and testing, including evaluating the costs for rebuilding and reopening the park and identifying all potential resources or funding sources available to help rebuild and reopen the mobilehome park, as identified by the department. The bill would require the department to maintain a list of local, state, and federal mobilehome-related programs and opportunities that could support rehabilitation or rebuilding of a mobilehome park affected by a disaster declaration. The bill would require management to submit documentation demonstrating completion of those evaluations, investigations, and testing to the department, the local jurisdiction in which the park is situated, and the residents of the mobilehome park, and would prohibit the department and that local jurisdiction from issuing specified permits to management until that documentation has been submitted. By placing new requirements on local jurisdictions in which mobilehome parks are situated, this bill would impose a state-mandated local program. This bill would authorize a resident organization, a resident of the mobilehome park, or a public attorney, as specified, to bring an action against management that violates these provisions for specified civil penalties and other relief, and would specify what constitutes single violations of these provisions. (2) The Planning and Zoning Law requires a legislative body, or its delegated advisory agency, before the approval of any change of use of the mobilehome park, to review the report and any additional relevant documentation and make specified findings regarding the effect on housing opportunities within the local jurisdiction. The bill would additionally provide that before the approval of any change of use the legislative body shall review documentation compliance with the specified evaluations, investigations, and testing required by the bill, and that management shall not receive approval of any change of use by the legislative body if management fails to submit that documentation. By placing new requirements on local legislative bodies when approving a change of use for mobilehome parks, this bill would impose a state-mandated local program. The Planning and Zoning Law requires the person or entity proposing the change of use of a mobilehome park, if a displaced resident cannot obtain adequate housing in another park, to pay to the displaced resident the in-place market value of the displaced resident’s mobilehome, unless the proposed closure, cessation, or change of use is related to damage or destruction by a disaster. This bill would provide that the in-place market value includes both the mobilehome structure and the leasehold interest value, and, if the proposed closure, cessation, or change of use is related to damage or destruction by a disaster, would require the person or entity proposing the change of use to pay to the displaced resident the leasehold interest value of the displaced resident’s mobilehome. (3) The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. (4) 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 the statutory provisions noted above.