AB 999: Mobilehomes: disposal.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2015-09-30
The Mobilehome Residency Law governs tenancies in mobilehome parks and, among other things, authorizes the management of a mobilehome park, under specified circumstances, to either remove the mobilehome from the premises and place it in storage or store the mobilehome on its site. Existing law provides the management with a warehouse lien for these costs and imposes various duties on the management to enforce this lien. Existing law also imposes various duties on the management of a mobilehome park when seeking to sell an abandoned mobilehome and its contents. Existing law requires a court to enter a judgment of abandonment if the criteria for abandonment has been satisfied and no party establishes an interest in the mobilehome at the hearing. Existing law requires the management, under certain circumstances, to obtain a tax clearance certificate from the county tax collector of the county in which the mobilehome is located when selling an abandoned mobilehome.
Existing law, the Manufactured Housing Act of 1980, requires the Department of Housing and Community Development to enforce various laws pertaining to manufactured housing, mobilehomes, park trailers, commercial coaches, special purpose commercial coaches, and recreational vehicles. Existing law requires all fees accruing to the department pursuant to the act to be deposited within the Mobilehome Revolving Fund, which is continuously appropriated to the department for carrying out the act.
This bill would amend the Mobilehome Residency Law to, among other things, authorize the management to enforce a warehouse lien and to designate a mobilehome for disposal without requiring the management or other person enforcing the lien to pay past or current vehicle license fees or obtain a tax clearance certificate. The bill would require a court to enter a judgment of abandonment if, instead, the criteria for abandonment has been satisfied and no party establishes an interest in the mobilehome and tenders all past due rent and other charges. The bill would authorize a procedure for the management of a mobilehome park to dispose of an abandoned mobilehome and its contents without requiring the management to pay past or current vehicle license fees or obtain a tax clearance certificate. This bill would require the management to notify the county tax collector in the county in which the mobilehome park is located that management will either apply to have the mobilehome designated for disposal after a warehouse lien sale or dispose of an abandoned mobilehome and its contents pursuant to these provisions. This bill would also require the management to file a notice of disposal, as specified, and to submit certain information required for completing the disposal process under penalty of perjury. This bill would require the Department of Housing and Community Development to charge a fee, as specified, for processing the notice of disposal and any information required for completing the disposal process. By establishing additional fees to be deposited into the Mobilehome Revolving Fund, this bill would make an appropriation.
By expanding the crime of perjury, this bill would impose a state-mandated local program.
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.
The Mobilehome Residency Law governs tenancies in mobilehome parks and, among other things, authorizes the management of a mobilehome park, under specified circumstances, to either remove the mobilehome from the premises and place it in storage or store the mobilehome on its site. Existing law provides the management with a warehouse lien for these costs and imposes various duties on the management to enforce this lien. Existing law also imposes various duties on the management of a mobilehome park when seeking to sell an abandoned mobilehome and its contents. Existing law requires a court to enter a judgment of abandonment if the criteria for abandonment has been satisfied and no party establishes an interest in the mobilehome at the hearing. Existing law requires the management, under certain circumstances, to obtain a tax clearance certificate from the county tax collector of the county in which the mobilehome is located when selling an abandoned mobilehome.
Existing law, the Manufactured Housing Act of 1980, requires the Department of Housing and Community Development to enforce various laws pertaining to manufactured housing, mobilehomes, park trailers, commercial coaches, special purpose commercial coaches, and recreational vehicles. Existing law requires all fees accruing to the department pursuant to the act to be deposited within the Mobilehome Revolving Fund, which is continuously appropriated to the department for carrying out the act.
This bill would amend the Mobilehome Residency Law to, among other things, authorize the management to enforce a warehouse lien and to designate a mobilehome for disposal without requiring the management or other person enforcing the lien to pay past or current vehicle license fees or obtain a tax clearance certificate. The bill would require a court to enter a judgment of abandonment if, instead, the criteria for abandonment has been satisfied and no party establishes an interest in the mobilehome and tenders all past due rent and other charges. The bill would authorize a procedure for the management of a mobilehome park to dispose of an abandoned mobilehome and its contents without requiring the management to pay past or current vehicle license fees or obtain a tax clearance certificate. This bill would require the management to notify the county tax collector in the county in which the mobilehome park is located that management will either apply to have the mobilehome designated for disposal after a warehouse lien sale or dispose of an abandoned mobilehome and its contents pursuant to these provisions. This bill would also require the management to file a notice of disposal, as specified, and to submit certain information required for completing the disposal process under penalty of perjury. This bill would require the Department of Housing and Community Development to charge a fee, as specified, for processing the notice of disposal and any information required for completing the disposal process. By establishing additional fees to be deposited into the Mobilehome Revolving Fund, this bill would make an appropriation.
By expanding the crime of perjury, this bill would impose a state-mandated local program.
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.
The Mobilehome Residency Law governs tenancies in mobilehome parks and, among other things, authorizes the management of a mobilehome park, under specified circumstances, to either remove the mobilehome from the premises and place it in storage or store the mobilehome on its site. Existing law provides the management with a warehouse lien for these costs and imposes various duties on the management to enforce this lien. Existing law also imposes various duties on the management of a mobilehome park when seeking to sell an abandoned mobilehome and its contents. Existing law requires a court to enter a judgment of abandonment if the criteria for abandonment has been satisfied and no party establishes an interest in the mobilehome at the hearing. Existing law requires the management, under certain circumstances, to obtain a tax clearance certificate from the county tax collector of the county in which the mobilehome is located when selling an abandoned mobilehome.
Existing law, the Manufactured Housing Act of 1980, requires the Department of Housing and Community Development to enforce various laws pertaining to manufactured housing, mobilehomes, park trailers, commercial coaches, special purpose commercial coaches, and recreational vehicles. Existing law requires all fees accruing to the department pursuant to the act to be deposited within the Mobilehome Revolving Fund, which is continuously appropriated to the department for carrying out the act.
This bill would amend the Mobilehome Residency Law to, among other things, authorize the management to enforce a warehouse lien and to designate a mobilehome for disposal without requiring the management or other person enforcing the lien to pay past or current vehicle license fees or obtain a tax clearance certificate. The bill would require a court to enter a judgment of abandonment if, instead, the criteria for abandonment has been satisfied and no party establishes an interest in the mobilehome and tenders all past due rent and other charges. The bill would authorize a procedure for the management of a mobilehome park to dispose of an abandoned mobilehome and its contents without requiring the management to pay past or current vehicle license fees or obtain a tax clearance certificate. This bill would require the management to notify the county tax collector in the county in which the mobilehome park is located that management will either apply to have the mobilehome designated for disposal after a warehouse lien sale or dispose of an abandoned mobilehome and its contents pursuant to these provisions. This bill would also require the management to file a notice of disposal, as specified, and to submit certain information required for completing the disposal process under penalty of perjury. This bill would require the Department of Housing and Community Development to charge a fee, as specified, for processing the notice of disposal and any information required for completing the disposal process. By establishing additional fees to be deposited into the Mobilehome Revolving Fund, this bill would make an appropriation.
By expanding the crime of perjury, this bill would impose a state-mandated local program.
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.
The Mobilehome Residency Law governs tenancies in mobilehome parks and, among other things, authorizes the management of a mobilehome park, under specified circumstances, to either remove the mobilehome from the premises and place it in storage or store the mobilehome on its site. Existing law provides the management with a warehouse lien for these costs and imposes various duties on the management to enforce this lien. Existing law also imposes various duties on the management of a mobilehome park when seeking to sell an abandoned mobilehome and its contents. Existing law requires a court to enter a judgment of abandonment if the criteria for abandonment has been satisfied and no party establishes an interest in the mobilehome at the hearing. Existing law requires the management, under certain circumstances, to obtain a tax clearance certificate from the county tax collector of the county in which the mobilehome is located when selling an abandoned mobilehome.
This bill would amend the Mobilehome Residency Law to, among other things, authorize the management to enforce a warehouse lien and declare to designate a mobilehome as salvage for disposal without requiring the management or other person enforcing the lien to pay past or current vehicle license fees or obtain a tax clearance certificate. The bill would require a court to enter a judgment of abandonment if, instead, the criteria for abandonment has been satisfied and no party establishes an interest in the mobilehome and tenders all past due rent and other charges. The bill would authorize a procedure for the management of a mobilehome park to dispose of an abandoned mobilehome and its contents without requiring the management to pay past or current vehicle license fees or obtain a tax clearance certificate. This bill would require the management to notify the county tax collector in the county in which the mobilehome park is located and the Department of Housing and Community Development that management will either enforce a warehouse lien and declare the mobilehome as salvage apply to have the mobilehome designated for disposal after a warehouse lien sale or dispose of an abandoned mobilehome and its contents pursuant to these provisions. This bill would also require the management to file a notice of disposal, as specified, and to submit certain information required for completing the disposal process under penalty of perjury. This bill would require the Department of Housing and Community Development to charge a fee, as specified, for processing the notice of disposal and any information required for completing the disposal process.
By expanding the crime of perjury, this bill would impose a state-mandated local program.
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.
The Mobilehome Residency Law governs tenancies in mobilehome parks, including, among other things, imposing parks and, among other things, authorizes the management of a mobilehome park, under specified circumstances, to either remove the mobilehome from the premises and place it in storage or store the mobilehome on its site. Existing law provides the management with a warehouse lien for these costs and imposes various duties on the management to enforce this lien. Existing law also imposes various duties on the management of a mobilehome park when seeking to sell an abandoned mobilehome and its contents. Existing law requires a court to enter a judgment of abandonment if the criteria for abandonment has been satisfied and no party establishes an interest in the mobilehome at the hearing. Existing law requires the management, under certain circumstances, to obtain a tax clearance certificate from the county tax collector of the county in which the mobilehome is located when selling an abandoned mobilehome.
This bill would amend the Mobilehome Residency Law to, among other things, authorize the management to enforce a warehouse lien and declare a mobilehome as salvage without requiring the management or other person enforcing the lien to obtain a tax clearance certificate. The bill would require a court to enter a judgment of abandonment if, instead, the criteria for abandonment has been satisfied and no party establishes an interest in the mobilehome and tenders all past due rent and other charges. The bill would authorize a procedure for the management of a mobilehome park to dispose of or sell an abandoned mobilehome and to dispose of or sell its contents without requiring the management to obtain a tax clearance certificate. This bill would require the management to notify the county tax collector in the county in which the mobilehome park is located and the Department of Housing and Community Development that management will either enforce a warehouse lien and declare the mobilehome as salvage or dispose of an abandoned mobilehome and its contents pursuant to these provisions.
The Mobilehome Residency Law governs tenancies in mobilehome parks, including, among other things, imposing various duties on the management of a mobilehome park when seeking to sell an abandoned mobilehome and its contents. Existing law requires the management, under certain circumstances, to obtain a tax clearance certificate from the county tax collector of the county in which the mobilehome is located when selling an abandoned mobilehome.
This bill would amend the Mobilehome Residency Law to authorize a procedure for the management of a mobilehome park to dispose of or sell an abandoned mobilehome and to dispose of or sell its contents without requiring the management to obtain a tax clearance certificate. This bill would require the management to notify the county tax collector in the county in which the mobilehome park is located and the Department of Housing and Community Development of an action to that management will dispose of an abandoned mobilehome and its contents pursuant to these provisions.
The Mobilehome Residency Law governs tenancies in mobilehome parks, including, among other things, imposing various duties on the owners or managers management of a mobilehome parks. park when seeking to sell an abandoned mobilehome and its contents. Existing law requires the management, under certain circumstances, to obtain a tax clearance certificate from the county tax collector of the county in which the mobilehome is located when selling an abandoned mobilehome.
This will would authorize the management of a mobilehome park to dispose of a mobilehome, as provided, left upon the premises by a tenant or lienholder under specified circumstances. This bill would require the landlord, prior to disposing of the mobilehome, to provide written notice to the tenant and owner, and would require the notice to contain specified information. This bill would also require the landlord to provide a copy of the notice to specified persons, including, among others, a lienholder. This bill would require the tenant or lienholder to respond to the notice in writing by a date specified, or to remove the mobilehome within 30 days after the mailing of the notice. This bill would require the landlord, after notifying the tenant, to store the abandoned mobilehome and to exercise reasonable care for the mobilehome. This bill would authorize the landlord, if the tenant or lienholder responds to the notice on or before the date specified in the notice, to require payment of storage charges and costs incidental to storage prior to allowing the tenant or lienholder onto the premises to remove the mobilehome. This bill would conclusively presume, if the tenant or lienholder does not respond to the notice on or before the date specified in the notice, that the mobilehome is immediately subject to salvage, demolition, removal, or other abatement, and would provide that the tenant and any lienholder shall have no further right, title, or interest to the mobilehome. This bill would also require the Department of Housing and Community Development to immediately issue a salvage permit at 1/2 of the amount that would otherwise be due. This bill would also provide that the landlord is not responsible for any loss to the tenant or lienholder resulting from storage, demolition, salvage, or removal of the mobilehome in compliance with these provisions, and compliance in good faith with these provisions constitutes a complete defense in any action brought by a tenant or lienholder against a landlord for loss or damage to a mobilehome that has been disposed of.
This bill would amend the Mobilehome Residency Law to authorize a procedure for the management of a mobilehome park to dispose of an abandoned mobilehome and to dispose of or sell its contents without requiring the management to obtain a tax clearance certificate. This bill would require the management to notify the county tax collector in the county in which the mobilehome park is located and the Department of Housing and Community Development of an action to dispose of an abandoned mobilehome and its contents pursuant to these provisions.
The Mobilehome Residency Law governs tenancies in mobilehome parks, including, among other things, imposing various duties on the owners or managers of mobilehome parks.
This will would authorize the management of a mobilehome park to dispose of a mobilehome, as provided, left upon the premises by a tenant or lienholder under specified circumstances. This bill would require the landlord, prior to disposing of the mobilehome, to provide written notice to the tenant and owner, and would require the notice to contain specified information. This bill would also require the landlord to provide a copy of the notice to specified persons, including, among others, a lienholder. This bill would require the tenant or lienholder to respond to the notice in writing by a date specified, or to remove the mobilehome within 30 days after the mailing of the notice. This bill would require the landlord, after notifying the tenant, to store the abandoned mobilehome and to exercise reasonable care for the mobilehome. This bill would authorize the landlord, if the tenant or lienholder responds to the notice on or before the date specified in the notice, to require payment of storage charges and costs incidental to storage prior to allowing the tenant or lienholder onto the premises to remove the mobilehome. This bill would conclusively presume, if the tenant or lienholder does not respond to the notice on or before the date specified in the notice, that the mobilehome is immediately subject to salvage, demolition, removal, or other abatement, and would provide that the tenant and any lienholder shall have no further right, title, or interest to the mobilehome. This bill would also require the Department of Housing and Community Development to immediately issue a salvage permit at 1/2 of the amount that would otherwise be due. This bill would also provide that the landlord is not responsible for any loss to the tenant or lienholder resulting from storage, demolition, salvage, or removal of the mobilehome in compliance with these provisions, and compliance in good faith with these provisions constitutes a complete defense in any action brought by a tenant or lienholder against a landlord for loss or damage to a mobilehome that has been disposed of.
(a)Within 60 days after receipt of, or no later than 65 days after the mailing of, the notice of termination of tenancy pursuant to any reason provided in Section 798.56, the legal owner, if any, and each junior lienholder, if any, shall notify the management in writing of at least one of the following:
(1)Its offer to sell the obligation secured by the mobilehome to the management for the amount specified in its written offer. In that event, the management shall have 15 days following receipt of the offer to accept or reject the offer in writing. If the offer is rejected, the person or entity that made the offer shall have 10 days in which to exercise one of the other options contained in this section and shall notify management in writing of its choice.
(2)Its intention to foreclose on its security interest in the mobilehome.
(3)Its request that the management pursue the termination of tenancy against the homeowner and its offer to reimburse management for the reasonable attorneys fees and court costs incurred by the management in that action. If this request and offer are made, the legal owner, if any, or junior lienholder, if any, shall reimburse the management the amount of reasonable attorneys fees and court costs, as agreed upon by the management and the legal owner or junior lienholder, incurred by the management in an action to terminate the homeowners tenancy, on or before the earlier of (A) the 60th calendar day following receipt of written notice from the management of the aggregate amount of those reasonable attorneys fees and costs or (B) the date the mobilehome is resold.
(b)A legal owner, if any, or junior lienholder, if any, may sell the mobilehome within the park to a third party and keep the mobilehome on the site within the mobilehome park until it is resold only if all of the following requirements are met:
(1)The legal owner, if any, or junior lienholder, if any, notifies management in writing of the intention to exercise either option described in paragraph (2) or (3) of subdivision (a) within 60 days following receipt of, or no later than 65 days after the mailing of, the notice of termination of tenancy and satisfies all of the responsibilities and liabilities of the homeowner owing to the management for the 90 days preceding the mailing of the notice of termination of tenancy and then continues to satisfy these responsibilities and liabilities as they accrue from the date of the mailing of that notice until the date the mobilehome is resold.
(2)Within 60 days following receipt of, or no later than 65 days after the mailing of, the notice of termination of tenancy, the legal owner or junior lienholder commences all repairs and necessary corrective actions so that the mobilehome complies with park rules and regulations in existence at the time the notice of termination of tenancy was given as well as the health and safety standards specified in Sections 18550, 18552, and 18605 of the Health and Safety Code, and completes these repairs and corrective actions within 90 calendar days of that notice, or before the date that the mobilehome is sold, whichever is earlier.
(3)The legal owner, if any, or junior lienholder, if any, complies with the requirements of Article 7 (commencing with Section 798.70) as it relates to the transfer of the mobilehome to a third party.
(c)For purposes of subdivision (b), the homeowners responsibilities and liabilities means all rents, utilities, reasonable maintenance charges of the mobilehome and its premises, and reasonable maintenance of the mobilehome and its premises pursuant to existing park rules and regulations.
(d)If the homeowner files for bankruptcy, the periods set forth in this section are tolled until the mobilehome is released from bankruptcy.
(e)(1)Notwithstanding any other provision of law, including, but not limited to, Section 18099.5 of the Health and Safety Code, if neither the legal owner nor a junior lienholder notifies the management of its decision pursuant to subdivision (a) within the period allowed, or performs as agreed within 30 days, or if a registered owner of a mobilehome, that is not encumbered by a lien held by a legal owner or a junior lienholder, fails to comply with a notice of termination and is either legally evicted or vacates the premises, the management may either remove the mobilehome from the premises and place it in storage or store it on its site. In this case, notwithstanding any other provision of law, the management shall have a warehouse lien in accordance with Section 7209 of the Commercial Code against the mobilehome for the costs of dismantling and moving, if appropriate, as well as storage, that shall be superior to all other liens, except the lien provided for in Section 18116.1 of the Health and Safety Code, and may enforce the lien pursuant to Section 7210 of the Commercial Code either after the date of judgment in an unlawful detainer action or after the date the mobilehome is physically vacated by the resident, whichever occurs earlier. Upon completion of any sale to enforce the warehouse lien in accordance with Section 7210 of the Commercial Code, the management shall provide the purchaser at the sale with evidence of the sale, as shall be specified by the Department of Housing and Community Development, that shall, upon proper request by the purchaser of the mobilehome, register title to the mobilehome to this purchaser, whether or not there existed a legal owner or junior lienholder on this title to the mobilehome.
(2)(A)Notwithstanding any other law, if the management of a mobilehome park acquires a mobilehome after enforcing the warehouse lien and files a notice of disposal pursuant to subparagraph (B) with the Department of Housing and Community Development to designate the mobilehome for disposal, management or any other person enforcing this warehouse lien shall not be required to pay past or current vehicle license fees required by Section 18115 of the Health and Safety Code or obtain a tax clearance certificate, as set forth in Section 5832 of the Revenue and Taxation Code, provided that management notifies the county tax collector in the county in which the mobilehome is located of managements intent to apply to have the mobilehome designated for disposal after a warehouse lien sale. The written notice shall be sent to the county tax collector no less than 10 days after the date of the sale to enforce the lien against the mobilehome by first class mail, postage prepaid.
(B)(i)In order to dispose of a mobilehome after a warehouse lien sale, the management shall file a notice of disposal with the Department of Housing and Community Development in the form and manner as prescribed by the department, no less than 10 days after the date of sale to enforce the lien against the mobilehome.
(ii)After filing a notice of disposal pursuant to clause (i), the management may dispose of the mobilehome after obtaining the information required by applicable laws.
(C)(i)Within 30 days of the date of the disposal of the mobilehome, the management shall submit to the Department of Housing and Community Development all of the following information required for completing the disposal process:
(I)Photographs identifying and demonstrating that the mobilehome was uninhabitable by the removal or destruction of all appliances and fixtures such as ovens, stoves, bathroom fixtures, and heating or cooling appliances prior to its being moved.
(II)A statement of facts as to the condition of the mobilehome when moved, the date it was moved, and the anticipated site of further dismantling or disposal.
(III)The name, address, and license number of the person or entity removing the mobilehome from the mobilehome park.
(ii)The information required pursuant to clause (i) shall be submitted under penalty of perjury.
(D)For purposes of this paragraph, dispose or disposal shall mean the removal and destruction of an abandoned mobilehome from a mobilehome park, thus making it unusable for any purpose and not subject to, or eligible for, use in the future as a mobilehome.
(f)All written notices required by this section, except the notice in paragraph (2) of subdivision (e), shall be sent to the other party by certified or registered mail with return receipt requested.
(g)Satisfaction, pursuant to this section, of the homeowners accrued or accruing responsibilities and liabilities shall not cure the default of the homeowner.
SEC. 2.Section 798.61 of the Civil Code is amended to read:798.61.(a)(1)As used in this section, abandoned mobilehome means a mobilehome about which all of the following are true:
(A)It is located in a mobilehome park on a site for which no rent has been paid to the management for the preceding 60 days.
(B)It is unoccupied.
(C)A reasonable person would believe it to be abandoned.
(D)It is not permanently affixed to the land.
(2)As used in this section:
(A)Mobilehome shall include a trailer coach, as defined in Section 635 of the Vehicle Code, or a recreational vehicle, as defined in Section 18010 of the Health and Safety Code, if the trailer coach or recreational vehicle also satisfies the requirements of paragraph (1), including being located on any site within a mobilehome park, even if the site is in a separate designated section pursuant to Section 18215 of the Health and Safety Code.
(B)Abandoned mobilehome shall include a mobilehome that is uninhabitable because of its total or partial destruction that cannot be rehabilitated, if the mobilehome also satisfies the requirements of paragraph (1).
(C)Dispose or disposal shall mean the removal and destruction of an abandoned mobilehome from a mobilehome park, thus making it unusable for any purpose and not subject to, or eligible for, use in the future as a mobilehome.
(b)After determining a mobilehome in a mobilehome park to be an abandoned mobilehome, the management shall post a notice of belief of abandonment on the mobilehome for not less than 30 days, and shall deposit copies of the notice in the United States mail, postage prepaid, addressed to the homeowner at the last known address and to any known registered owner, if different from the homeowner, and to any known holder of a security interest in the abandoned mobilehome. This notice shall be mailed by registered or certified mail with a return receipt requested.
(c)(1)Thirty or more days following posting pursuant to subdivision (b), the management may file a petition in the superior court in the county in which the mobilehome park is located, for a judicial declaration of abandonment of the mobilehome. A proceeding under this subdivision is a limited civil case. Copies of the petition shall be served upon the homeowner, any known registered owner, and any known person having a lien or security interest of record in the mobilehome by posting a copy on the mobilehome and mailing copies to those persons at their last known addresses by registered or certified mail with a return receipt requested in the United States mail, postage prepaid.
(2)To dispose of an abandoned mobilehome pursuant to subdivision (f), the management shall also do all of the following:
(A)Declare in the petition that the management will dispose of the abandoned mobilehome, and therefore will not seek a tax clearance certificate as set forth in Section 5832 of the Revenue and Taxation Code.
(B)Declare in the petition whether the management intends to sell the contents of the abandoned mobilehome before its disposal.
(C)Notify the county tax collector in the county in which the mobilehome park is located of the declaration that management will dispose of the abandoned mobilehome by sending a copy of the petition by first class mail.
(D)Declare in the petition that management intends to file a notice of disposal with the Department of Housing and Community Development and complete the disposal process consistent with the requirements of subdivision (f).
(d)(1)Hearing on the petition shall be given precedence over other matters on the courts calendar.
(2)If, at the hearing, the petitioner shows by a preponderance of the evidence that the criteria for an abandoned mobilehome has been satisfied and no party establishes an interest therein at the hearing and tenders all past due rent and other charges, the court shall enter a judgment of abandonment, determine the amount of charges to which the petitioner is entitled, and award attorneys fees and costs to the petitioner. For purposes of this subdivision, an interest in the mobilehome shall be established by evidence of a right to possession of the mobilehome or a security or ownership interest in the mobilehome.
(3)A default may be entered by the court clerk upon request of the petitioner, and a default judgment shall be thereupon entered, if no responsive pleading is filed within 15 days after service of the petition by mail.
(e)To sell an abandoned mobilehome, the management shall do all of the following:
(1)(A)Within 10 days following a judgment of abandonment, the management shall enter the abandoned mobilehome and complete an inventory of the contents and submit the inventory to the court.
(B)During this period the management shall post and mail a notice of intent to sell the abandoned mobilehome and its contents under this section, and announcing the date of sale, in the same manner as provided for the notice of determination of abandonment under subdivision (b). The management shall also provide notice to the county tax collector in the county in which the mobilehome park is located.
(C)At any time prior to the sale of an abandoned mobilehome or its contents under this section, any person having a right to possession of the abandoned mobilehome may recover and remove it from the premises upon payment to the management of all rent or other charges due, including reasonable costs of storage and other costs awarded by the court. Upon receipt of this payment and removal of the abandoned mobilehome from the premises pursuant to this paragraph, the management shall immediately file an acknowledgment of satisfaction of judgment pursuant to Section 724.030 of the Code of Civil Procedure.
(2)Following the judgment of abandonment, but not less than 10 days following the notice of sale specified in paragraph (1), the management may conduct a public sale of the abandoned mobilehome, its contents, or both. The management may bid at the sale and shall have the right to offset its bids to the extent of the total amount due it under this section. The proceeds of the sale shall be retained by the management, but any unclaimed amount thus retained over and above the amount to which the management is entitled under this section shall be deemed abandoned property and shall be paid into the treasury of the county in which the sale took place within 30 days of the date of the sale. The former homeowner or any other owner may claim any or all of that unclaimed amount within one year from the date of payment to the county by making application to the county treasurer or other official designated by the county. If the county pays any or all of that unclaimed amount to a claimant, neither the county nor any officer or employee of the county is liable to any other claimant as to the amount paid.
(3)Within 30 days of the date of the sale, the management shall submit to the court an accounting of the moneys received from the sale and the disposition of the money and the items contained in the inventory submitted to the court pursuant to paragraph (1).
(4)The management shall provide the purchaser at the sale of an abandoned mobilehome with a copy of the judgment of abandonment and evidence of the sale, as shall be specified by the Department of Housing and Community Development, which shall register title in the abandoned mobilehome to the purchaser upon presentation thereof within 20 days of purchase. The sale shall pass title to the purchaser free of any prior interest, including any security interest or lien, except the lien provided for in Section 18116.1 of the Health and Safety Code, in the abandoned mobilehome.
(f)To dispose of an abandoned mobilehome, the management shall do all of the following:
(1)(A)Within 10 days following a judgment of abandonment, the management shall enter the abandoned mobilehome and complete an inventory of the contents and submit the inventory to the court.
(B)During this period the management shall post and mail a notice of intent to dispose of the abandoned mobilehome and its contents under this section, and announcing the date of disposal, in the same manner as provided for the notice of determination of abandonment under subdivision (b). The management shall also provide notice to the county tax collector in the county in which the mobilehome park is located.
(C)(i)The management shall file a notice of disposal with the Department of Housing and Community Development in the form and manner as prescribed by the department.
(ii)Notwithstanding any other law, when filing a notice of disposal pursuant to clause (i), the management shall not be required to pay past or current vehicle license fees required by Section 18115 of the Health and Safety Code or obtain a tax clearance certificated as set forth in Section 5832 of the Revenue and Taxation Code, provided that the management notifies the county tax collector in the county in which the mobilehome is located of the managements intent to apply to have the mobilehome designated for disposal pursuant to this subdivision. The written notice shall be sent to the county tax collector no less than 10 days after the date of the abandonment judgment by first class mail, postage prepaid.
(D)At any time prior to the disposal of an abandoned mobilehome or its contents under this section, any person having a right to possession of the abandoned mobilehome may recover and remove it from the premises upon payment to the management of all rent or other charges due, including reasonable costs of storage and other costs awarded by the court. Upon receipt of this payment and removal of the abandoned mobilehome from the premises pursuant to this subparagraph, the management shall immediately file an acknowledgment of satisfaction of judgment pursuant to Section 724.030 of the Code of Civil Procedure and a cancellation of the notice of disposal with the Department of Housing and Community Development.
(2)Following the judgment of abandonment and approval of the notice of disposal by the Department of Housing and Community Development, but not less than 10 days following the notice of disposal specified in paragraph (1), the management may dispose of the abandoned mobilehome after obtaining the information required in subparagraph (A) of paragraph (3).
(3)(A)Within 30 days of the date of the disposal of an abandoned mobilehome and its contents, the management shall do both of the following:
(i)Submit to the court and the county tax collector in the county in which the mobilehome park is located a statement that the abandoned mobilehome and its contents were disposed with supporting documentation.
(ii)(I)Submit to the Department of Housing and Community Development all of the following information required for completing the disposal process:
(ia)Photographs identifying and demonstrating that the mobilehome was uninhabitable by the removal or destruction of all appliances and fixtures such as ovens, stoves, bathroom fixtures, and heating or cooling appliances prior to its being moved.
(ib)A statement of facts as to the condition of the mobilehome when moved, the date it was moved, and the anticipated site of further dismantling or disposal.
(ic)The name, address, and license number of the person or entity removing the mobilehome from the mobilehome park.
(II)The information required pursuant to subclause (I) shall be submitted under penalty of perjury.
(B)Within 30 days of the date of the disposal of an abandoned mobilehome or the date of the sale of its contents, whichever date is later, the management shall submit to the court and the county tax collector in the county in which the mobilehome park is located an accounting of the moneys received from the sale and the disposition of the money and the items contained in the inventory submitted to the court pursuant to paragraph (1) and a statement that the abandoned mobilehome was disposed with supporting documentation.
(g)Notwithstanding any other law, the management shall not be required to obtain a tax clearance certificate, as set forth in Section 5832 of the Revenue and Taxation Code, to dispose of an abandoned mobilehome and its contents pursuant to subdivision (f). However, any sale pursuant to this section shall be subject to the registration requirements of Section 18100.5 of the Health and Safety Code and the tax clearance certificate requirements of Section 18092.7 of the Health and Safety Code.
SEC. 3.Section 18080.5 of the Health and Safety Code is amended to read:18080.5.(a)A numbered report of sale, lease, or rental form issued by the department shall be submitted each time the following transactions occur by or through a dealer:
(1)Whenever a manufactured home, mobilehome, or commercial coach previously registered pursuant to this part is sold, leased with an option to buy, or otherwise transferred.
(2)Whenever a manufactured home, mobilehome, or commercial coach not previously registered in this state is sold, rented, leased, leased with an option to buy, or otherwise transferred.
(b)The numbered report of sale, lease, or rental forms shall be used and distributed in accordance with the following terms and conditions:
(1)A copy of the form shall be delivered to the purchaser.
(2)All fees and penalties due for the transaction that were required to be reported with the report of sale, lease, or rental form shall be paid to the department within 10 calendar days from the date the transaction is completed, as specified by subdivision (e). Penalties due for noncompliance with this paragraph shall be paid by the dealer. The dealer shall not charge the consumer for those penalties.
(3)Notice of the registration or transfer of a manufactured home or mobilehome shall be reported pursuant to subdivision (d).
(4)The original report of sale, lease, or rental form, together with all required documents to report the transaction or make application to register or transfer a manufactured home, mobilehome, or commercial coach, shall be forwarded to the department. Any application shall be submitted within 10 calendar days from the date the transaction was required to be reported, as defined by subdivision (e).
(c)A manufactured home, mobilehome, or commercial coach displaying a copy of the report of sale, lease, or rental may be occupied without registration decals or registration card until the registration decals and registration card are received by the purchaser.
(d)In addition to the other requirements of this section, every dealer upon transferring by sale, lease, or otherwise any manufactured home or mobilehome shall, not later than the 10th calendar day thereafter, not counting the date of sale, give written notice of the transfer to the assessor of the county where the manufactured home or mobilehome is to be installed. The written notice shall be upon forms provided by the department containing any information that the department may require, after consultation with the assessors. Filing of a copy of the notice with the assessor in accordance with this section shall be in lieu of filing a change of ownership statement pursuant to Sections 480 and 482 of the Revenue and Taxation Code.
(e)Except for transactions subject to Section 18035.26, for purposes of this section, a transaction by or through a dealer shall be deemed completed and consummated and any fees and the required report of sale, lease, or rental are due when any of the following occurs:
(1)The purchaser of any commercial coach has signed a purchase contract or security agreement or paid any purchase price, the lessee of a new commercial coach has signed a lease agreement or lease with an option to buy or paid any purchase price, or the lessee of a used commercial coach has either signed a lease with an option to buy or paid any purchase price, and the purchaser or lessee has taken physical possession or delivery of the commercial coach.
(2)For sales subject to Section 18035, when all the amounts other than escrow fees and amounts for uninstalled or undelivered accessories are disbursed from the escrow account.
(3)For sales subject to Section 18035.2, when the installation is complete and a certificate of occupancy is issued.
(f)The department shall charge a fee, not to exceed forty-five dollars ($45), for processing the notice of disposal and any information required for completing the disposal process required pursuant to Section 798.56a and 798.61 of the Civil Code.
SEC. 4.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
(a)Within 60 days after receipt of, or no later than 65 days after the mailing of, the notice of termination of tenancy pursuant to any reason provided in Section 798.56, the legal owner, if any, and each junior lienholder, if any, shall notify the management in writing of at least one of the following:
(1)Its offer to sell the obligation secured by the mobilehome to the management for the amount specified in its written offer. In that event, the management shall have 15 days following receipt of the offer to accept or reject the offer in writing. If the offer is rejected, the person or entity that made the offer shall have 10 days in which to exercise one of the other options contained in this section and shall notify management in writing of its choice.
(2)Its intention to foreclose on its security interest in the mobilehome.
(3)Its request that the management pursue the termination of tenancy against the homeowner and its offer to reimburse management for the reasonable attorneys fees and court costs incurred by the management in that action. If this request and offer are made, the legal owner, if any, or junior lienholder, if any, shall reimburse the management the amount of reasonable attorneys fees and court costs, as agreed upon by the management and the legal owner or junior lienholder, incurred by the management in an action to terminate the homeowners tenancy, on or before the earlier of (A) the 60th calendar day following receipt of written notice from the management of the aggregate amount of those reasonable attorneys fees and costs or (B) the date the mobilehome is resold.
(b)A legal owner, if any, or junior lienholder, if any, may sell the mobilehome within the park to a third party and keep the mobilehome on the site within the mobilehome park until it is resold only if all of the following requirements are met:
(1)The legal owner, if any, or junior lienholder, if any, notifies management in writing of the intention to exercise either option described in paragraph (2) or (3) of subdivision (a) within 60 days following receipt of, or no later than 65 days after the mailing of, the notice of termination of tenancy and satisfies all of the responsibilities and liabilities of the homeowner owing to the management for the 90 days preceding the mailing of the notice of termination of tenancy and then continues to satisfy these responsibilities and liabilities as they accrue from the date of the mailing of that notice until the date the mobilehome is resold.
(2)Within 60 days following receipt of, or no later than 65 days after the mailing of, the notice of termination of tenancy, the legal owner or junior lienholder commences all repairs and necessary corrective actions so that the mobilehome complies with park rules and regulations in existence at the time the notice of termination of tenancy was given as well as the health and safety standards specified in Sections 18550, 18552, and 18605 of the Health and Safety Code, and completes these repairs and corrective actions within 90 calendar days of that notice, or before the date that the mobilehome is sold, whichever is earlier.
(3)The legal owner, if any, or junior lienholder, if any, complies with the requirements of Article 7 (commencing with Section 798.70) as it relates to the transfer of the mobilehome to a third party.
(c)For purposes of subdivision (b), the homeowners responsibilities and liabilities means all rents, utilities, reasonable maintenance charges of the mobilehome and its premises, and reasonable maintenance of the mobilehome and its premises pursuant to existing park rules and regulations.
(d)If the homeowner files for bankruptcy, the periods set forth in this section are tolled until the mobilehome is released from bankruptcy.
(e)(1)Notwithstanding any other provision of law, including, but not limited to, Section 18099.5 of the Health and Safety Code, if neither the legal owner nor a junior lienholder notifies the management of its decision pursuant to subdivision (a) within the period allowed, or performs as agreed within 30 days, or if a registered owner of a mobilehome, that is not encumbered by a lien held by a legal owner or a junior lienholder, fails to comply with a notice of termination and is either legally evicted or vacates the premises, the management may either remove the mobilehome from the premises and place it in storage or store it on its site. In this case, notwithstanding any other provision of law, the management shall have a warehouse lien in accordance with Section 7209 of the Commercial Code against the mobilehome for the costs of dismantling and moving, if appropriate, as well as storage, that shall be superior to all other liens, except the lien provided for in Section 18116.1 of the Health and Safety Code, and may enforce the lien pursuant to Section 7210 of the Commercial Code either after the date of judgment in an unlawful detainer action or after the date the mobilehome is physically vacated by the resident, whichever occurs earlier. Upon completion of any sale to enforce the warehouse lien in accordance with Section 7210 of the Commercial Code, the management shall provide the purchaser at the sale with evidence of the sale, as shall be specified by the Department of Housing and Community Development, that shall, upon proper request by the purchaser of the mobilehome, register title to the mobilehome to this purchaser, whether or not there existed a legal owner or junior lienholder on this title to the mobilehome.
(2)(A)Notwithstanding any other law, if the management of a mobilehome park acquires a mobilehome after enforcing the warehouse lien and files a notice of disposal pursuant to subparagraph (B) with the Department of Housing and Community Development to designate the mobilehome for disposal, management or any other person enforcing this warehouse lien shall not be required to pay past or current vehicle license fees required by Section 18115 of the Health and Safety Code or obtain a tax clearance certificate, as set forth in Section 5832 of the Revenue and Taxation Code, provided that management notifies the county tax collector in the county in which the mobilehome is located of managements intent to apply to have the mobilehome designated for disposal after a warehouse lien sale. The written notice shall be sent to the county tax collector no less than 10 days after the date of the sale to enforce the lien against the mobilehome by first class mail, postage prepaid.
(B)(i)In order to dispose of a mobilehome after a warehouse lien sale, the management shall file a notice of disposal with the Department of Housing and Community Development in the form and manner as prescribed by the department, no less than 10 days after the date of sale to enforce the lien against the mobilehome.
(ii)After filing a notice of disposal pursuant to clause (i), the management may dispose of the mobilehome after obtaining the information required by applicable laws.
(C)(i)Within 30 days of the date of the disposal of the mobilehome, the management shall submit to the Department of Housing and Community Development all of the following information required for completing the disposal process:
(I)Photographs identifying and demonstrating that the mobilehome was uninhabitable by the removal or destruction of all appliances and fixtures such as ovens, stoves, bathroom fixtures, and heating or cooling appliances prior to its being moved.
(II)A statement of facts as to the condition of the mobilehome when moved, the date it was moved, and the anticipated site of further dismantling or disposal.
(III)The name, address, and license number of the person or entity removing the mobilehome from the mobilehome park.
(ii)The information required pursuant to clause (i) shall be submitted under penalty of perjury.
(D)For purposes of this paragraph, dispose or disposal shall mean the removal and destruction of an abandoned mobilehome from a mobilehome park, thus making it unusable for any purpose and not subject to, or eligible for, use in the future as a mobilehome.
(f)All written notices required by this section, except the notice in paragraph (2) of subdivision (e), shall be sent to the other party by certified or registered mail with return receipt requested.
(g)Satisfaction, pursuant to this section, of the homeowners accrued or accruing responsibilities and liabilities shall not cure the default of the homeowner.
SEC. 2.Section 798.61 of the Civil Code is amended to read:798.61.(a)(1)As used in this section, abandoned mobilehome means a mobilehome about which all of the following are true:
(A)It is located in a mobilehome park on a site for which no rent has been paid to the management for the preceding 60 days.
(B)It is unoccupied.
(C)A reasonable person would believe it to be abandoned.
(D)It is not permanently affixed to the land.
(2)As used in this section:
(A)Mobilehome shall include a trailer coach, as defined in Section 635 of the Vehicle Code, or a recreational vehicle, as defined in Section 18010 of the Health and Safety Code, if the trailer coach or recreational vehicle also satisfies the requirements of paragraph (1), including being located on any site within a mobilehome park, even if the site is in a separate designated section pursuant to Section 18215 of the Health and Safety Code.
(B)Abandoned mobilehome shall include a mobilehome that is uninhabitable because of its total or partial destruction that cannot be rehabilitated, if the mobilehome also satisfies the requirements of paragraph (1).
(C)Dispose or disposal shall mean the removal and destruction of an abandoned mobilehome from a mobilehome park, thus making it unusable for any purpose and not subject to, or eligible for, use in the future as a mobilehome.
(b)After determining a mobilehome in a mobilehome park to be an abandoned mobilehome, the management shall post a notice of belief of abandonment on the mobilehome for not less than 30 days, and shall deposit copies of the notice in the United States mail, postage prepaid, addressed to the homeowner at the last known address and to any known registered owner, if different from the homeowner, and to any known holder of a security interest in the abandoned mobilehome. This notice shall be mailed by registered or certified mail with a return receipt requested.
(c)(1)Thirty or more days following posting pursuant to subdivision (b), the management may file a petition in the superior court in the county in which the mobilehome park is located, for a judicial declaration of abandonment of the mobilehome. A proceeding under this subdivision is a limited civil case. Copies of the petition shall be served upon the homeowner, any known registered owner, and any known person having a lien or security interest of record in the mobilehome by posting a copy on the mobilehome and mailing copies to those persons at their last known addresses by registered or certified mail with a return receipt requested in the United States mail, postage prepaid.
(2)To dispose of an abandoned mobilehome pursuant to subdivision (f), the management shall also do all of the following:
(A)Declare in the petition that the management will dispose of the abandoned mobilehome, and therefore will not seek a tax clearance certificate as set forth in Section 5832 of the Revenue and Taxation Code.
(B)Declare in the petition whether the management intends to sell the contents of the abandoned mobilehome before its disposal.
(C)Notify the county tax collector in the county in which the mobilehome park is located of the declaration that management will dispose of the abandoned mobilehome by sending a copy of the petition by first class mail.
(D)Declare in the petition that management intends to file a notice of disposal with the Department of Housing and Community Development and complete the disposal process consistent with the requirements of subdivision (f).
(d)(1)Hearing on the petition shall be given precedence over other matters on the courts calendar.
(2)If, at the hearing, the petitioner shows by a preponderance of the evidence that the criteria for an abandoned mobilehome has been satisfied and no party establishes an interest therein at the hearing and tenders all past due rent and other charges, the court shall enter a judgment of abandonment, determine the amount of charges to which the petitioner is entitled, and award attorneys fees and costs to the petitioner. For purposes of this subdivision, an interest in the mobilehome shall be established by evidence of a right to possession of the mobilehome or a security or ownership interest in the mobilehome.
(3)A default may be entered by the court clerk upon request of the petitioner, and a default judgment shall be thereupon entered, if no responsive pleading is filed within 15 days after service of the petition by mail.
(e)To sell an abandoned mobilehome, the management shall do all of the following:
(1)(A)Within 10 days following a judgment of abandonment, the management shall enter the abandoned mobilehome and complete an inventory of the contents and submit the inventory to the court.
(B)During this period the management shall post and mail a notice of intent to sell the abandoned mobilehome and its contents under this section, and announcing the date of sale, in the same manner as provided for the notice of determination of abandonment under subdivision (b). The management shall also provide notice to the county tax collector in the county in which the mobilehome park is located.
(C)At any time prior to the sale of an abandoned mobilehome or its contents under this section, any person having a right to possession of the abandoned mobilehome may recover and remove it from the premises upon payment to the management of all rent or other charges due, including reasonable costs of storage and other costs awarded by the court. Upon receipt of this payment and removal of the abandoned mobilehome from the premises pursuant to this paragraph, the management shall immediately file an acknowledgment of satisfaction of judgment pursuant to Section 724.030 of the Code of Civil Procedure.
(2)Following the judgment of abandonment, but not less than 10 days following the notice of sale specified in paragraph (1), the management may conduct a public sale of the abandoned mobilehome, its contents, or both. The management may bid at the sale and shall have the right to offset its bids to the extent of the total amount due it under this section. The proceeds of the sale shall be retained by the management, but any unclaimed amount thus retained over and above the amount to which the management is entitled under this section shall be deemed abandoned property and shall be paid into the treasury of the county in which the sale took place within 30 days of the date of the sale. The former homeowner or any other owner may claim any or all of that unclaimed amount within one year from the date of payment to the county by making application to the county treasurer or other official designated by the county. If the county pays any or all of that unclaimed amount to a claimant, neither the county nor any officer or employee of the county is liable to any other claimant as to the amount paid.
(3)Within 30 days of the date of the sale, the management shall submit to the court an accounting of the moneys received from the sale and the disposition of the money and the items contained in the inventory submitted to the court pursuant to paragraph (1).
(4)The management shall provide the purchaser at the sale of an abandoned mobilehome with a copy of the judgment of abandonment and evidence of the sale, as shall be specified by the Department of Housing and Community Development, which shall register title in the abandoned mobilehome to the purchaser upon presentation thereof within 20 days of purchase. The sale shall pass title to the purchaser free of any prior interest, including any security interest or lien, except the lien provided for in Section 18116.1 of the Health and Safety Code, in the abandoned mobilehome.
(f)To dispose of an abandoned mobilehome, the management shall do all of the following:
(1)(A)Within 10 days following a judgment of abandonment, the management shall enter the abandoned mobilehome and complete an inventory of the contents and submit the inventory to the court.
(B)During this period the management shall post and mail a notice of intent to dispose of the abandoned mobilehome and its contents under this section, and announcing the date of disposal, in the same manner as provided for the notice of determination of abandonment under subdivision (b). The management shall also provide notice to the county tax collector in the county in which the mobilehome park is located.
(C)(i)The management shall file a notice of disposal with the Department of Housing and Community Development in the form and manner as prescribed by the department.
(ii)Notwithstanding any other law, when filing a notice of disposal pursuant to clause (i), the management shall not be required to pay past or current vehicle license fees required by Section 18115 of the Health and Safety Code or obtain a tax clearance certificated as set forth in Section 5832 of the Revenue and Taxation Code, provided that the management notifies the county tax collector in the county in which the mobilehome is located of the managements intent to apply to have the mobilehome designated for disposal pursuant to this subdivision. The written notice shall be sent to the county tax collector no less than 10 days after the date of the abandonment judgment by first class mail, postage prepaid.
(D)At any time prior to the disposal of an abandoned mobilehome or its contents under this section, any person having a right to possession of the abandoned mobilehome may recover and remove it from the premises upon payment to the management of all rent or other charges due, including reasonable costs of storage and other costs awarded by the court. Upon receipt of this payment and removal of the abandoned mobilehome from the premises pursuant to this subparagraph, the management shall immediately file an acknowledgment of satisfaction of judgment pursuant to Section 724.030 of the Code of Civil Procedure and a cancellation of the notice of disposal with the Department of Housing and Community Development.
(2)Following the judgment of abandonment and approval of the notice of disposal by the Department of Housing and Community Development, but not less than 10 days following the notice of disposal specified in paragraph (1), the management may dispose of the abandoned mobilehome after obtaining the information required in subparagraph (A) of paragraph (3).
(3)(A)Within 30 days of the date of the disposal of an abandoned mobilehome and its contents, the management shall do both of the following:
(i)Submit to the court and the county tax collector in the county in which the mobilehome park is located a statement that the abandoned mobilehome and its contents were disposed with supporting documentation.
(ii)(I)Submit to the Department of Housing and Community Development all of the following information required for completing the disposal process:
(ia)Photographs identifying and demonstrating that the mobilehome was uninhabitable by the removal or destruction of all appliances and fixtures such as ovens, stoves, bathroom fixtures, and heating or cooling appliances prior to its being moved.
(ib)A statement of facts as to the condition of the mobilehome when moved, the date it was moved, and the anticipated site of further dismantling or disposal.
(ic)The name, address, and license number of the person or entity removing the mobilehome from the mobilehome park.
(II)The information required pursuant to subclause (I) shall be submitted under penalty of perjury.
(B)Within 30 days of the date of the disposal of an abandoned mobilehome or the date of the sale of its contents, whichever date is later, the management shall submit to the court and the county tax collector in the county in which the mobilehome park is located an accounting of the moneys received from the sale and the disposition of the money and the items contained in the inventory submitted to the court pursuant to paragraph (1) and a statement that the abandoned mobilehome was disposed with supporting documentation.
(g)Notwithstanding any other law, the management shall not be required to obtain a tax clearance certificate, as set forth in Section 5832 of the Revenue and Taxation Code, to dispose of an abandoned mobilehome and its contents pursuant to subdivision (f). However, any sale pursuant to this section shall be subject to the registration requirements of Section 18100.5 of the Health and Safety Code and the tax clearance certificate requirements of Section 18092.7 of the Health and Safety Code.
SEC. 3.Section 18080.5 of the Health and Safety Code is amended to read:18080.5.(a)A numbered report of sale, lease, or rental form issued by the department shall be submitted each time the following transactions occur by or through a dealer:
(1)Whenever a manufactured home, mobilehome, or commercial coach previously registered pursuant to this part is sold, leased with an option to buy, or otherwise transferred.
(2)Whenever a manufactured home, mobilehome, or commercial coach not previously registered in this state is sold, rented, leased, leased with an option to buy, or otherwise transferred.
(b)The numbered report of sale, lease, or rental forms shall be used and distributed in accordance with the following terms and conditions:
(1)A copy of the form shall be delivered to the purchaser.
(2)All fees and penalties due for the transaction that were required to be reported with the report of sale, lease, or rental form shall be paid to the department within 10 calendar days from the date the transaction is completed, as specified by subdivision (e). Penalties due for noncompliance with this paragraph shall be paid by the dealer. The dealer shall not charge the consumer for those penalties.
(3)Notice of the registration or transfer of a manufactured home or mobilehome shall be reported pursuant to subdivision (d).
(4)The original report of sale, lease, or rental form, together with all required documents to report the transaction or make application to register or transfer a manufactured home, mobilehome, or commercial coach, shall be forwarded to the department. Any application shall be submitted within 10 calendar days from the date the transaction was required to be reported, as defined by subdivision (e).
(c)A manufactured home, mobilehome, or commercial coach displaying a copy of the report of sale, lease, or rental may be occupied without registration decals or registration card until the registration decals and registration card are received by the purchaser.
(d)In addition to the other requirements of this section, every dealer upon transferring by sale, lease, or otherwise any manufactured home or mobilehome shall, not later than the 10th calendar day thereafter, not counting the date of sale, give written notice of the transfer to the assessor of the county where the manufactured home or mobilehome is to be installed. The written notice shall be upon forms provided by the department containing any information that the department may require, after consultation with the assessors. Filing of a copy of the notice with the assessor in accordance with this section shall be in lieu of filing a change of ownership statement pursuant to Sections 480 and 482 of the Revenue and Taxation Code.
(e)Except for transactions subject to Section 18035.26, for purposes of this section, a transaction by or through a dealer shall be deemed completed and consummated and any fees and the required report of sale, lease, or rental are due when any of the following occurs:
(1)The purchaser of any commercial coach has signed a purchase contract or security agreement or paid any purchase price, the lessee of a new commercial coach has signed a lease agreement or lease with an option to buy or paid any purchase price, or the lessee of a used commercial coach has either signed a lease with an option to buy or paid any purchase price, and the purchaser or lessee has taken physical possession or delivery of the commercial coach.
(2)For sales subject to Section 18035, when all the amounts other than escrow fees and amounts for uninstalled or undelivered accessories are disbursed from the escrow account.
(3)For sales subject to Section 18035.2, when the installation is complete and a certificate of occupancy is issued.
(f)The department shall charge a fee, not to exceed forty-five dollars ($45), for processing the notice of disposal and any information required for completing the disposal process required pursuant to Section 798.56a and 798.61 of the Civil Code.
SEC. 4.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
(a)Within 60 days after receipt of, or no later than 65 days after the mailing of, the notice of termination of tenancy pursuant to any reason provided in Section 798.56, the legal owner, if any, and each junior lienholder, if any, shall notify the management in writing of at least one of the following:
(1)Its offer to sell the obligation secured by the mobilehome to the management for the amount specified in its written offer. In that event, the management shall have 15 days following receipt of the offer to accept or reject the offer in writing. If the offer is rejected, the person or entity that made the offer shall have 10 days in which to exercise one of the other options contained in this section and shall notify management in writing of its choice.
(2)Its intention to foreclose on its security interest in the mobilehome.
(3)Its request that the management pursue the termination of tenancy against the homeowner and its offer to reimburse management for the reasonable attorneys fees and court costs incurred by the management in that action. If this request and offer are made, the legal owner, if any, or junior lienholder, if any, shall reimburse the management the amount of reasonable attorneys fees and court costs, as agreed upon by the management and the legal owner or junior lienholder, incurred by the management in an action to terminate the homeowners tenancy, on or before the earlier of (A) the 60th calendar day following receipt of written notice from the management of the aggregate amount of those reasonable attorneys fees and costs or (B) the date the mobilehome is resold.
(b)A legal owner, if any, or junior lienholder, if any, may sell the mobilehome within the park to a third party and keep the mobilehome on the site within the mobilehome park until it is resold only if all of the following requirements are met:
(1)The legal owner, if any, or junior lienholder, if any, notifies management in writing of the intention to exercise either option described in paragraph (2) or (3) of subdivision (a) within 60 days following receipt of, or no later than 65 days after the mailing of, the notice of termination of tenancy and satisfies all of the responsibilities and liabilities of the homeowner owing to the management for the 90 days preceding the mailing of the notice of termination of tenancy and then continues to satisfy these responsibilities and liabilities as they accrue from the date of the mailing of that notice until the date the mobilehome is resold.
(2)Within 60 days following receipt of, or no later than 65 days after the mailing of, the notice of termination of tenancy, the legal owner or junior lienholder commences all repairs and necessary corrective actions so that the mobilehome complies with park rules and regulations in existence at the time the notice of termination of tenancy was given as well as the health and safety standards specified in Sections 18550, 18552, and 18605 of the Health and Safety Code, and completes these repairs and corrective actions within 90 calendar days of that notice, or before the date that the mobilehome is sold, whichever is earlier.
(3)The legal owner, if any, or junior lienholder, if any, complies with the requirements of Article 7 (commencing with Section 798.70) as it relates to the transfer of the mobilehome to a third party.
(c)For purposes of subdivision (b), the homeowners responsibilities and liabilities means all rents, utilities, reasonable maintenance charges of the mobilehome and its premises, and reasonable maintenance of the mobilehome and its premises pursuant to existing park rules and regulations.
(d)If the homeowner files for bankruptcy, the periods set forth in this section are tolled until the mobilehome is released from bankruptcy.
(e)(1)Notwithstanding any other provision of law, including, but not limited to, Section 18099.5 of the Health and Safety Code, if neither the legal owner nor a junior lienholder notifies the management of its decision pursuant to subdivision (a) within the period allowed, or performs as agreed within 30 days, or if a registered owner of a mobilehome, that is not encumbered by a lien held by a legal owner or a junior lienholder, fails to comply with a notice of termination and is either legally evicted or vacates the premises, the management may either remove the mobilehome from the premises and place it in storage or store it on its site. In this case, notwithstanding any other provision of law, the management shall have a warehouse lien in accordance with Section 7209 of the Commercial Code against the mobilehome for the costs of dismantling and moving, if appropriate, as well as storage, that shall be superior to all other liens, except the lien provided for in Section 18116.1 of the Health and Safety Code, and may enforce the lien pursuant to Section 7210 of the Commercial Code either after the date of judgment in an unlawful detainer action or after the date the mobilehome is physically vacated by the resident, whichever occurs earlier. Upon completion of any sale to enforce the warehouse lien in accordance with Section 7210 of the Commercial Code, the management shall provide the purchaser at the sale with evidence of the sale, as shall be specified by the Department of Housing and Community Development, that shall, upon proper request by the purchaser of the mobilehome, register title to the mobilehome to this purchaser, whether or not there existed a legal owner or junior lienholder on this title to the mobilehome.
(2)(A)Notwithstanding any other law, if the management of a mobilehome park acquires a mobilehome after enforcing the warehouse lien and files a notice of disposal pursuant to subparagraph (B) with the Department of Housing and Community Development to designate the mobilehome for disposal, management or any other person enforcing this warehouse lien shall not be required to pay past or current vehicle license fees required by Section 18115 of the Health and Safety Code or obtain a tax clearance certificate, as set forth in Section 5832 of the Revenue and Taxation Code, provided that management notifies the county tax collector in the county in which the mobilehome is located of managements intent to apply to have the mobilehome designated for disposal after a warehouse lien sale. The written notice shall be sent to the county tax collector no less than 10 days after the date of the sale to enforce the lien against the mobilehome by first class mail, postage prepaid.
(B)(i)In order to dispose of a mobilehome after a warehouse lien sale, the management shall file a notice of disposal with the Department of Housing and Community Development in the form and manner as prescribed by the department, no less than 10 days after the date of sale to enforce the lien against the mobilehome.
(ii)After filing a notice of disposal pursuant to clause (i), the management may dispose of the mobilehome after obtaining the information required by applicable laws.
(C)(i)Within 30 days of the date of the disposal of the mobilehome, the management shall submit to the Department of Housing and Community Development all of the following information required for completing the disposal process:
(I)Photographs identifying and demonstrating that the mobilehome was uninhabitable by the removal or destruction of all appliances and fixtures such as ovens, stoves, bathroom fixtures, and heating or cooling appliances prior to its being moved.
(II)A statement of facts as to the condition of the mobilehome when moved, the date it was moved, and the anticipated site of further dismantling or disposal.
(III)The name, address, and license number of the person or entity removing the mobilehome from the mobilehome park.
(ii)The information required pursuant to clause (i) shall be submitted under penalty of perjury.
(D)For purposes of this paragraph, dispose or disposal shall mean the removal and destruction of an abandoned mobilehome from a mobilehome park, thus making it unusable for any purpose and not subject to, or eligible for, use in the future as a mobilehome.
(f)All written notices required by this section, except the notice in paragraph (2) of subdivision (e), shall be sent to the other party by certified or registered mail with return receipt requested.
(g)Satisfaction, pursuant to this section, of the homeowners accrued or accruing responsibilities and liabilities shall not cure the default of the homeowner.
SEC. 2.Section 798.61 of the Civil Code is amended to read:798.61.(a)(1)As used in this section, abandoned mobilehome means a mobilehome about which all of the following are true:
(A)It is located in a mobilehome park on a site for which no rent has been paid to the management for the preceding 60 days.
(B)It is unoccupied.
(C)A reasonable person would believe it to be abandoned.
(D)It is not permanently affixed to the land.
(2)As used in this section:
(A)Mobilehome shall include a trailer coach, as defined in Section 635 of the Vehicle Code, or a recreational vehicle, as defined in Section 18010 of the Health and Safety Code, if the trailer coach or recreational vehicle also satisfies the requirements of paragraph (1), including being located on any site within a mobilehome park, even if the site is in a separate designated section pursuant to Section 18215 of the Health and Safety Code.
(B)Abandoned mobilehome shall include a mobilehome that is uninhabitable because of its total or partial destruction that cannot be rehabilitated, if the mobilehome also satisfies the requirements of paragraph (1).
(C)Dispose or disposal shall mean the removal and destruction of an abandoned mobilehome from a mobilehome park, thus making it unusable for any purpose and not subject to, or eligible for, use in the future as a mobilehome.
(b)After determining a mobilehome in a mobilehome park to be an abandoned mobilehome, the management shall post a notice of belief of abandonment on the mobilehome for not less than 30 days, and shall deposit copies of the notice in the United States mail, postage prepaid, addressed to the homeowner at the last known address and to any known registered owner, if different from the homeowner, and to any known holder of a security interest in the abandoned mobilehome. This notice shall be mailed by registered or certified mail with a return receipt requested.
(c)(1)Thirty or more days following posting pursuant to subdivision (b), the management may file a petition in the superior court in the county in which the mobilehome park is located, for a judicial declaration of abandonment of the mobilehome. A proceeding under this subdivision is a limited civil case. Copies of the petition shall be served upon the homeowner, any known registered owner, and any known person having a lien or security interest of record in the mobilehome by posting a copy on the mobilehome and mailing copies to those persons at their last known addresses by registered or certified mail with a return receipt requested in the United States mail, postage prepaid.
(2)To dispose of an abandoned mobilehome pursuant to subdivision (f), the management shall also do all of the following:
(A)Declare in the petition that the management will dispose of the abandoned mobilehome, and therefore will not seek a tax clearance certificate as set forth in Section 5832 of the Revenue and Taxation Code.
(B)Declare in the petition whether the management intends to sell the contents of the abandoned mobilehome before its disposal.
(C)Notify the county tax collector in the county in which the mobilehome park is located of the declaration that management will dispose of the abandoned mobilehome by sending a copy of the petition by first class mail.
(D)Declare in the petition that management intends to file a notice of disposal with the Department of Housing and Community Development and complete the disposal process consistent with the requirements of subdivision (f).
(d)(1)Hearing on the petition shall be given precedence over other matters on the courts calendar.
(2)If, at the hearing, the petitioner shows by a preponderance of the evidence that the criteria for an abandoned mobilehome has been satisfied and no party establishes an interest therein at the hearing and tenders all past due rent and other charges, the court shall enter a judgment of abandonment, determine the amount of charges to which the petitioner is entitled, and award attorneys fees and costs to the petitioner. For purposes of this subdivision, an interest in the mobilehome shall be established by evidence of a right to possession of the mobilehome or a security or ownership interest in the mobilehome.
(3)A default may be entered by the court clerk upon request of the petitioner, and a default judgment shall be thereupon entered, if no responsive pleading is filed within 15 days after service of the petition by mail.
(e)To sell an abandoned mobilehome, the management shall do all of the following:
(1)(A)Within 10 days following a judgment of abandonment, the management shall enter the abandoned mobilehome and complete an inventory of the contents and submit the inventory to the court.
(B)During this period the management shall post and mail a notice of intent to sell the abandoned mobilehome and its contents under this section, and announcing the date of sale, in the same manner as provided for the notice of determination of abandonment under subdivision (b). The management shall also provide notice to the county tax collector in the county in which the mobilehome park is located.
(C)At any time prior to the sale of an abandoned mobilehome or its contents under this section, any person having a right to possession of the abandoned mobilehome may recover and remove it from the premises upon payment to the management of all rent or other charges due, including reasonable costs of storage and other costs awarded by the court. Upon receipt of this payment and removal of the abandoned mobilehome from the premises pursuant to this paragraph, the management shall immediately file an acknowledgment of satisfaction of judgment pursuant to Section 724.030 of the Code of Civil Procedure.
(2)Following the judgment of abandonment, but not less than 10 days following the notice of sale specified in paragraph (1), the management may conduct a public sale of the abandoned mobilehome, its contents, or both. The management may bid at the sale and shall have the right to offset its bids to the extent of the total amount due it under this section. The proceeds of the sale shall be retained by the management, but any unclaimed amount thus retained over and above the amount to which the management is entitled under this section shall be deemed abandoned property and shall be paid into the treasury of the county in which the sale took place within 30 days of the date of the sale. The former homeowner or any other owner may claim any or all of that unclaimed amount within one year from the date of payment to the county by making application to the county treasurer or other official designated by the county. If the county pays any or all of that unclaimed amount to a claimant, neither the county nor any officer or employee of the county is liable to any other claimant as to the amount paid.
(3)Within 30 days of the date of the sale, the management shall submit to the court an accounting of the moneys received from the sale and the disposition of the money and the items contained in the inventory submitted to the court pursuant to paragraph (1).
(3)
(4)The management shall provide the purchaser at the sale of an abandoned mobilehome with a copy of the judgment of abandonment and evidence of the sale, as shall be specified by the Department of Housing and Community Development, which shall register title in the abandoned mobilehome to the purchaser upon presentation thereof within 20 days of purchase. The sale shall pass title to the purchaser free of any prior interest, including any security interest or lien, except the lien provided for in Section 18116.1 of the Health and Safety Code, in the abandoned mobilehome.
(f)To dispose of an abandoned mobilehome, the management shall do all of the following:
(1)(A)Within 10 days following a judgment of abandonment, the management shall enter the abandoned mobilehome and complete an inventory of the contents and submit the inventory to the court.
(B)During this period the management shall post and mail a notice of intent to dispose of the abandoned mobilehome and its contents under this section, and announcing the date of disposal, in the same manner as provided for the notice of determination of abandonment under subdivision (b). The management shall also provide notice to the county tax collector in the county in which the mobilehome park is located.
(C)(i)The management shall file a notice of disposal with the Department of Housing and Community Development in the form and manner as prescribed by the department.
(ii)Notwithstanding any other law, when filing a notice of disposal pursuant to clause (i), the management shall not be required to pay past or current vehicle license fees required by Section 18115 of the Health and Safety Code or obtain a tax clearance certificated as set forth in Section 5832 of the Revenue and Taxation Code, provided that the management notifies the county tax collector in the county in which the mobilehome is located of the managements intent to apply to have the mobilehome designated for disposal pursuant to this subdivision. The written notice shall be sent to the county tax collector no less than 10 days after the date of the abandonment judgment by first class mail, postage prepaid.
(D)At any time prior to the disposal of an abandoned mobilehome or its contents under this section, any person having a right to possession of the abandoned mobilehome may recover and remove it from the premises upon payment to the management of all rent or other charges due, including reasonable costs of storage and other costs awarded by the court. Upon receipt of this payment and removal of the abandoned mobilehome from the premises pursuant to this subparagraph, the management shall immediately file an acknowledgment of satisfaction of judgment pursuant to Section 724.030 of the Code of Civil Procedure and a cancellation of the notice of disposal with the Department of Housing and Community Development.
(2)Following the judgment of abandonment and approval of the notice of disposal by the Department of Housing and Community Development, but not less than 10 days following the notice of disposal specified in paragraph (1), the management may dispose of the abandoned mobilehome after obtaining the information required in subparagraph (A) of paragraph (3).
(3)(A)Within 30 days of the date of the disposal of an abandoned mobilehome and its contents, the management shall do both of the following:
(i)Submit to the court and the county tax collector in the county in which the mobilehome park is located a statement that the abandoned mobilehome and its contents were disposed with supporting documentation.
(ii)(I)Submit to the Department of Housing and Community Development all of the following information required for completing the disposal process:
(ia)Photographs identifying and demonstrating that the mobilehome was uninhabitable by the removal or destruction of all appliances and fixtures such as ovens, stoves, bathroom fixtures, and heating or cooling appliances prior to its being moved.
(ib)A statement of facts as to the condition of the mobilehome when moved, the date it was moved, and the anticipated site of further dismantling or disposal.
(ic)The name, address, and license number of the person or entity removing the mobilehome from the mobilehome park.
(II)The information required pursuant to subclause (I) shall be submitted under penalty of perjury.
(B)Within 30 days of the date of the disposal of an abandoned mobilehome or the date of the sale of its contents, whichever date is later, the management shall submit to the court and the county tax collector in the county in which the mobilehome park is located an accounting of the moneys received from the sale and the disposition of the money and the items contained in the inventory submitted to the court pursuant to paragraph (1) and a statement that the abandoned mobilehome was disposed with supporting documentation.
(g)Notwithstanding any other law, the management shall not be required to obtain a tax clearance certificate, as set forth in Section 5832 of the Revenue and Taxation Code, to dispose of an abandoned mobilehome and its contents pursuant to subdivision (f). However, any sale pursuant to this section shall be subject to the registration requirements of Section 18100.5 of the Health and Safety Code and the tax clearance certificate requirements of Section 18092.7 of the Health and Safety Code.
SEC. 3.Section 18080.5 of the Health and Safety Code is amended to read:18080.5.(a)A numbered report of sale, lease, or rental form issued by the department shall be submitted each time the following transactions occur by or through a dealer:
(1)Whenever a manufactured home, mobilehome, or commercial coach previously registered pursuant to this part is sold, leased with an option to buy, or otherwise transferred.
(2)Whenever a manufactured home, mobilehome, or commercial coach not previously registered in this state is sold, rented, leased, leased with an option to buy, or otherwise transferred.
(b)The numbered report of sale, lease, or rental forms shall be used and distributed in accordance with the following terms and conditions:
(1)A copy of the form shall be delivered to the purchaser.
(2)All fees and penalties due for the transaction that were required to be reported with the report of sale, lease, or rental form shall be paid to the department within 10 calendar days from the date the transaction is completed, as specified by subdivision (e). Penalties due for noncompliance with this paragraph shall be paid by the dealer. The dealer shall not charge the consumer for those penalties.
(3)Notice of the registration or transfer of a manufactured home or mobilehome shall be reported pursuant to subdivision (d).
(4)The original report of sale, lease, or rental form, together with all required documents to report the transaction or make application to register or transfer a manufactured home, mobilehome, or commercial coach, shall be forwarded to the department. Any application shall be submitted within 10 calendar days from the date the transaction was required to be reported, as defined by subdivision (e).
(c)A manufactured home, mobilehome, or commercial coach displaying a copy of the report of sale, lease, or rental may be occupied without registration decals or registration card until the registration decals and registration card are received by the purchaser.
(d)In addition to the other requirements of this section, every dealer upon transferring by sale, lease, or otherwise any manufactured home or mobilehome shall, not later than the 10th calendar day thereafter, not counting the date of sale, give written notice of the transfer to the assessor of the county where the manufactured home or mobilehome is to be installed. The written notice shall be upon forms provided by the department containing any information that the department may require, after consultation with the assessors. Filing of a copy of the notice with the assessor in accordance with this section shall be in lieu of filing a change of ownership statement pursuant to Sections 480 and 482 of the Revenue and Taxation Code.
(e)Except for transactions subject to Section 18035.26, for purposes of this section, a transaction by or through a dealer shall be deemed completed and consummated and any fees and the required report of sale, lease, or rental are due when any of the following occurs:
(1)The purchaser of any commercial coach has signed a purchase contract or security agreement or paid any purchase price, the lessee of a new commercial coach has signed a lease agreement or lease with an option to buy or paid any purchase price, or the lessee of a used commercial coach has either signed a lease with an option to buy or paid any purchase price, and the purchaser or lessee has taken physical possession or delivery of the commercial coach.
(2)For sales subject to Section 18035, when all the amounts other than escrow fees and amounts for uninstalled or undelivered accessories are disbursed from the escrow account.
(3)For sales subject to Section 18035.2, when the installation is complete and a certificate of occupancy is issued.
(f)The department shall charge a fee, not to exceed forty-five dollars ($45), for processing the notice of disposal and any information required for completing the disposal process required pursuant to Section 798.56a and 798.61 of the Civil Code.
SEC. 4.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
(a)Within 60 days after receipt of, or no later than 65 days after the mailing of, the notice of termination of tenancy pursuant to any reason provided in Section 798.56, the legal owner, if any, and each junior lienholder, if any, shall notify the management in writing of at least one of the following:
(1)Its offer to sell the obligation secured by the mobilehome to the management for the amount specified in its written offer. In that event, the management shall have 15 days following receipt of the offer to accept or reject the offer in writing. If the offer is rejected, the person or entity that made the offer shall have 10 days in which to exercise one of the other options contained in this section and shall notify management in writing of its choice.
(2)Its intention to foreclose on its security interest in the mobilehome.
(3)Its request that the management pursue the termination of tenancy against the homeowner and its offer to reimburse management for the reasonable attorneys fees and court costs incurred by the management in that action. If this request and offer are made, the legal owner, if any, or junior lienholder, if any, shall reimburse the management the amount of reasonable attorneys fees and court costs, as agreed upon by the management and the legal owner or junior lienholder, incurred by the management in an action to terminate the homeowners tenancy, on or before the earlier of (A) the 60th calendar day following receipt of written notice from the management of the aggregate amount of those reasonable attorneys fees and costs or (B) the date the mobilehome is resold.
(b)A legal owner, if any, or junior lienholder, if any, may sell the mobilehome within the park to a third party and keep the mobilehome on the site within the mobilehome park until it is resold only if all of the following requirements are met:
(1)The legal owner, if any, or junior lienholder, if any, notifies management in writing of the intention to exercise either option described in paragraph (2) or (3) of subdivision (a) within 60 days following receipt of, or no later than 65 days after the mailing of, the notice of termination of tenancy and satisfies all of the responsibilities and liabilities of the homeowner owing to the management for the 90 days preceding the mailing of the notice of termination of tenancy and then continues to satisfy these responsibilities and liabilities as they accrue from the date of the mailing of that notice until the date the mobilehome is resold.
(2)Within 60 days following receipt of, or no later than 65 days after the mailing of, the notice of termination of tenancy, the legal owner or junior lienholder commences all repairs and necessary corrective actions so that the mobilehome complies with park rules and regulations in existence at the time the notice of termination of tenancy was given as well as the health and safety standards specified in Sections 18550, 18552, and 18605 of the Health and Safety Code, and completes these repairs and corrective actions within 90 calendar days of that notice, or before the date that the mobilehome is sold, whichever is earlier.
(3)The legal owner, if any, or junior lienholder, if any, complies with the requirements of Article 7 (commencing with Section 798.70) as it relates to the transfer of the mobilehome to a third party.
(c)For purposes of subdivision (b), the homeowners responsibilities and liabilities means all rents, utilities, reasonable maintenance charges of the mobilehome and its premises, and reasonable maintenance of the mobilehome and its premises pursuant to existing park rules and regulations.
(d)If the homeowner files for bankruptcy, the periods set forth in this section are tolled until the mobilehome is released from bankruptcy.
(e)(1)Notwithstanding any other provision of law, including, but not limited to, Section 18099.5 of the Health and Safety Code, if neither the legal owner nor a junior lienholder notifies the management of its decision pursuant to subdivision (a) within the period allowed, or performs as agreed within 30 days, or if a registered owner of a mobilehome, that is not encumbered by a lien held by a legal owner or a junior lienholder, fails to comply with a notice of termination and is either legally evicted or vacates the premises, the management may either remove the mobilehome from the premises and place it in storage or store it on its site. In this case, notwithstanding any other provision of law, the management shall have a warehouse lien in accordance with Section 7209 of the Commercial Code against the mobilehome for the costs of dismantling and moving, if appropriate, as well as storage, that shall be superior to all other liens, except the lien provided for in Section 18116.1 of the Health and Safety Code, and may enforce the lien pursuant to Section 7210 of the Commercial Code either after the date of judgment in an unlawful detainer action or after the date the mobilehome is physically vacated by the resident, whichever occurs earlier. Upon completion of any sale to enforce the warehouse lien in accordance with Section 7210 of the Commercial Code, the management shall provide the purchaser at the sale with evidence of the sale, as shall be specified by the Department of Housing and Community Development, that shall, upon proper request by the purchaser of the mobilehome, register title to the mobilehome to this purchaser, whether or not there existed a legal owner or junior lienholder on this title to the mobilehome.
(2)(A)Notwithstanding any other provision of law, if the management of a mobilehome park obtains title to acquires a mobilehome after enforcing the warehouse lien and obtains approval from files a notice of disposal pursuant to subparagraph (B) with the Department of Housing and Community Development to designate the mobilehome for salvage, disposal, management or any other person enforcing this warehouse lien shall not be required to pay past or current vehicle license fees required by Section 18115 of the Health and Safety Code or obtain a tax clearance certificate, as set forth in Section 5832 of the Revenue and Taxation Code, provided that management notifies the county tax collector in the county in which the mobilehome is located, as well as the Department of Housing and Community Development located of managements intent to enforce a warehouse lien and apply to have the mobilehome designated for salvage. disposal after a warehouse lien sale. The written notice shall be sent to the county tax collector and the Department of Housing and Community Development no less than 10 days prior to after the intended date of the sale to enforce the lien against the mobilehome. The notice shall be sent mobilehome by first class mail, postage prepaid.
(B)(i)In order to dispose of a mobilehome after a warehouse lien sale, the management shall file a notice of disposal with the Department of Housing and Community Development in the form and manner as prescribed by the department, no less than 10 days after the date of sale to enforce the lien against the mobilehome.
(ii)After filing a notice of disposal pursuant to clause (i), the management may dispose of the mobilehome after obtaining the information required by applicable laws.
(C)(i)Within 30 days of the date of the disposal of the mobilehome, the management shall submit to the Department of Housing and Community Development all of the following information required for completing the disposal process:
(I)Photographs identifying and demonstrating that the mobilehome was uninhabitable by the removal or destruction of all appliances and fixtures such as ovens, stoves, bathroom fixtures, and heating or cooling appliances prior to its being moved.
(II)A statement of facts as to the condition of the mobilehome when moved, the date it was moved, and the anticipated site of further dismantling or disposal.
(III)The name, address, and license number of the person or entity removing the mobilehome from the mobilehome park.
(ii)The information required pursuant to clause (i) shall be submitted under penalty of perjury.
(D)For purposes of this paragraph, dispose or disposal shall mean the removal and destruction of an abandoned mobilehome from a mobilehome park, thus making it unusable for any purpose and not subject to, or eligible for, use in the future as a mobilehome.
(f)All written notices required by this section, except the notice in paragraph (2) of subdivision (e), shall be sent to the other party by certified or registered mail with return receipt requested.
(g)Satisfaction, pursuant to this section, of the homeowners accrued or accruing responsibilities and liabilities shall not cure the default of the homeowner.
SEC. 2.Section 798.61 of the Civil Code is amended to read:798.61.(a)(1)As used in this section, abandoned mobilehome means a mobilehome about which all of the following are true:
(A)It is located in a mobilehome park on a site for which no rent has been paid to the management for the preceding 60 days.
(B)It is unoccupied.
(C)A reasonable person would believe it to be abandoned.
(D)It is not permanently affixed to the land.
(2)As used in this section:
(A)Mobilehome shall include a trailer coach, as defined in Section 635 of the Vehicle Code, or a recreational vehicle, as defined in Section 18010 of the Health and Safety Code, if the trailer coach or recreational vehicle also satisfies the requirements of paragraph (1), including being located on any site within a mobilehome park, even if the site is in a separate designated section pursuant to Section 18215 of the Health and Safety Code.
(B)Abandoned mobilehome shall include a mobilehome that is uninhabitable because of its total or partial destruction that cannot be rehabilitated, if the mobilehome also satisfies the requirements of paragraph (1).
(C)Dispose or disposal shall mean the removal and destruction of an abandoned mobilehome from a mobilehome park, thus making it unusable for any purpose. purpose and not subject to, or eligible for, use in the future as a mobilehome.
(b)After determining a mobilehome in a mobilehome park to be an abandoned mobilehome, the management shall post a notice of belief of abandonment on the mobilehome for not less than 30 days, and shall deposit copies of the notice in the United States mail, postage prepaid, addressed to the homeowner at the last known address and to any known registered owner, if different from the homeowner, and to any known holder of a security interest in the abandoned mobilehome. This notice shall be mailed by registered or certified mail with a return receipt requested.
(c)(1)Thirty or more days following posting pursuant to subdivision (b), the management may file a petition in the superior court in the county in which the mobilehome park is located, for a judicial declaration of abandonment of the mobilehome. A proceeding under this subdivision is a limited civil case. Copies of the petition shall be served upon the homeowner, any known registered owner, and any known person having a lien or security interest of record in the mobilehome by posting a copy on the mobilehome and mailing copies to those persons at their last known addresses by registered or certified mail with a return receipt requested in the United States mail, postage prepaid.
(2)To dispose of an abandoned mobilehome pursuant to subdivision (f), the management shall also do all of the following:
(A)Declare in the petition that the management will dispose of the abandoned mobilehome, and therefore will not seek a tax clearance certificate as set forth in Section 5832 of the Revenue and Taxation Code.
(B)Declare in the petition whether the management intends to sell the contents of the abandoned mobilehome before its disposal.
(C)Notify the county tax collector in the county in which the mobilehome park is located and the Department of Housing and Community Development of the declaration that management will dispose of the abandoned mobilehome by sending a copy of the petition by first class mail.
(D)Declare in the petition that management intends to file a notice of disposal with the Department of Housing and Community Development and complete the disposal process consistent with the requirements of subdivision (f).
(d)(1)Hearing on the petition shall be given precedence over other matters on the courts calendar.
(2)If, at the hearing, the petitioner shows by a preponderance of the evidence that the criteria for an abandoned mobilehome has been satisfied and no party establishes an interest therein at the hearing and tenders all past due rent and other charges, the court shall enter a judgment of abandonment, determine the amount of charges to which the petitioner is entitled, and award attorneys fees and costs to the petitioner. For purposes of this subdivision, an interest in the mobilehome shall be established by evidence of a right to possession of the mobilehome or a security or ownership interest in the mobilehome.
(3)A default may be entered by the court clerk upon request of the petitioner, and a default judgment shall be thereupon entered, if no responsive pleading is filed within 15 days after service of the petition by mail.
(e)To sell an abandoned mobilehome, the management shall do all of the following:
(1)(A)Within 10 days following a judgment of abandonment, the management shall enter the abandoned mobilehome and complete an inventory of the contents and submit the inventory to the court.
(B)During this period the management shall post and mail a notice of intent to sell the abandoned mobilehome and its contents under this section, and announcing the date of sale, in the same manner as provided for the notice of determination of abandonment under subdivision (b). The management shall also provide notice to the county tax collector in the county in which the mobilehome park is located and the Department of Housing and Community Development. located.
(C)At any time prior to the sale of an abandoned mobilehome or its contents under this section, any person having a right to possession of the abandoned mobilehome may recover and remove it from the premises upon payment to the management of all rent or other charges due, including reasonable costs of storage and other costs awarded by the court. Upon receipt of this payment and removal of the abandoned mobilehome from the premises pursuant to this paragraph, the management shall immediately file an acknowledgment of satisfaction of judgment pursuant to Section 724.030 of the Code of Civil Procedure.
(2)Following the judgment of abandonment, but not less than 10 days following the notice of sale specified in paragraph (1), the management may conduct a public sale of the abandoned mobilehome, its contents, or both. The management may bid at the sale and shall have the right to offset its bids to the extent of the total amount due it under this section. The proceeds of the sale shall be retained by the management, but any unclaimed amount thus retained over and above the amount to which the management is entitled under this section shall be deemed abandoned property and shall be paid into the treasury of the county in which the sale took place within 30 days of the date of the sale. The former homeowner or any other owner may claim any or all of that unclaimed amount within one year from the date of payment to the county by making application to the county treasurer or other official designated by the county. If the county pays any or all of that unclaimed amount to a claimant, neither the county nor any officer or employee of the county is liable to any other claimant as to the amount paid.
(3)Within 30 days of the date of the sale of the abandoned mobilehome and its contents, the management shall submit to the court an accounting of the moneys received from the sale and the disposition of the money and the items contained in the inventory submitted to the court pursuant to paragraph (1).
(4)
(3)The management shall provide the purchaser at the sale of an abandoned mobilehome with a copy of the judgment of abandonment and evidence of the sale, as shall be specified by the Department of Housing and Community Development or the Department of Motor Vehicles, Development, which shall register title in the abandoned mobilehome to the purchaser upon presentation thereof. thereof within 20 days of purchase. The sale shall pass title to the purchaser free of any prior interest, including any security interest or lien, except the lien provided for in Section 18116.1 of the Health and Safety Code, in the abandoned mobilehome.
(f)To dispose of an abandoned mobilehome, the management shall do all of the following:
(1)(A)Within 10 days following a judgment of abandonment, the management shall enter the abandoned mobilehome and complete an inventory of the contents and submit the inventory to the court.
(B)During this period the management shall post and mail a notice of intent to dispose of the abandoned mobilehome and its contents under this section, and announcing the date of disposal, in the same manner as provided for the notice of determination of abandonment under subdivision (b). The management shall also provide notice to the county tax collector in the county in which the mobilehome park is located and the Department of Housing and Community Development. located.
(C)(i)The management shall file a notice of disposal with the Department of Housing and Community Development in the form and manner as prescribed by the department.
(ii)Notwithstanding any other law, when filing a notice of disposal pursuant to clause (i), the management shall not be required to pay past or current vehicle license fees required by Section 18115 of the Health and Safety Code or obtain a tax clearance certificated as set forth in Section 5832 of the Revenue and Taxation Code, provided that the management notifies the county tax collector in the county in which the mobilehome is located of the managements intent to apply to have the mobilehome designated for disposal pursuant to this subdivision. The written notice shall be sent to the county tax collector no less than 10 days after the date of the abandonment judgment by first class mail, postage prepaid.
(C)
(D)At any time prior to the disposal of an abandoned mobilehome or its contents under this section, any person having a right to possession of the abandoned mobilehome may recover and remove it from the premises upon payment to the management of all rent or other charges due, including reasonable costs of storage and other costs awarded by the court. Upon receipt of this payment and removal of the abandoned mobilehome from the premises pursuant to this subparagraph, the management shall immediately file an acknowledgment of satisfaction of judgment pursuant to Section 724.030 of the Code of Civil Procedure. Procedure and a cancellation of the notice of disposal with the Department of Housing and Community Development.
(2)Following the judgment of abandonment, abandonment and approval of the notice of disposal by the Department of Housing and Community Development, but not less than 10 days following the notice of disposal specified in paragraph (1), the management may dispose of the abandoned mobilehome. mobilehome after obtaining the information required in subparagraph (A) of paragraph (3).
(3)(A)Within 30 days of the date of the disposal of an abandoned mobilehome and its contents, the management shall submit do both of the following:
(i)Submit to the court, court and the county tax collector in the county in which the mobilehome park is located, and the Department of Housing and Community Development a statement that the abandoned mobilehome and its contents were disposed with supporting documentation.
(ii)(I)Submit to the Department of Housing and Community Development all of the following information required for completing the disposal process:
(ia)Photographs identifying and demonstrating that the mobilehome was uninhabitable by the removal or destruction of all appliances and fixtures such as ovens, stoves, bathroom fixtures, and heating or cooling appliances prior to its being moved.
(ib)A statement of facts as to the condition of the mobilehome when moved, the date it was moved, and the anticipated site of further dismantling or disposal.
(ic)The name, address, and license number of the person or entity removing the mobilehome from the mobilehome park.
(II)The information required pursuant to subclause (I) shall be submitted under penalty of perjury.
(B)Within 30 days of the date of the disposal of an abandoned mobilehome or the date of the sale of its contents, whichever date is later, the management shall submit to the court, court and the county tax collector in the county in which the mobilehome park is located, and the Department of Housing and Community Development located an accounting of the moneys received from the sale and the disposition of the money and the items contained in the inventory submitted to the court pursuant to paragraph (1) and a statement that the abandoned mobilehome was disposed with supporting documentation.
(4)The management shall obtain a salvage title from the Department of Housing and Community Development prior to disposal.
(g)Notwithstanding any other law, the management shall not be required to obtain a tax clearance certificate, as set forth in Section 5832 of the Revenue and Taxation Code, to dispose of an abandoned mobilehome and its contents pursuant to subdivision (f). However, any sale pursuant to this section shall be subject to the registration requirements of Section 18100.5 of the Health and Safety Code and the tax clearance certificate requirements of Section 18092.7 of the Health and Safety Code.
SEC. 3.Section 18080.5 of the Health and Safety Code is amended to read:18080.5.(a)A numbered report of sale, lease, or rental form issued by the department shall be submitted each time the following transactions occur by or through a dealer:
(1)Whenever a manufactured home, mobilehome, or commercial coach previously registered pursuant to this part is sold, leased with an option to buy, or otherwise transferred.
(2)Whenever a manufactured home, mobilehome, or commercial coach not previously registered in this state is sold, rented, leased, leased with an option to buy, or otherwise transferred.
(b)The numbered report of sale, lease, or rental forms shall be used and distributed in accordance with the following terms and conditions:
(1)A copy of the form shall be delivered to the purchaser.
(2)All fees and penalties due for the transaction that were required to be reported with the report of sale, lease, or rental form shall be paid to the department within 10 calendar days from the date the transaction is completed, as specified by subdivision (e). Penalties due for noncompliance with this paragraph shall be paid by the dealer. The dealer shall not charge the consumer for those penalties.
(3)Notice of the registration or transfer of a manufactured home or mobilehome shall be reported pursuant to subdivision (d).
(4)The original report of sale, lease, or rental form, together with all required documents to report the transaction or make application to register or transfer a manufactured home, mobilehome, or commercial coach, shall be forwarded to the department. Any application shall be submitted within 10 calendar days from the date the transaction was required to be reported, as defined by subdivision (e).
(c)A manufactured home, mobilehome, or commercial coach displaying a copy of the report of sale, lease, or rental may be occupied without registration decals or registration card until the registration decals and registration card are received by the purchaser.
(d)In addition to the other requirements of this section, every dealer upon transferring by sale, lease, or otherwise any manufactured home or mobilehome shall, not later than the 10th calendar day thereafter, not counting the date of sale, give written notice of the transfer to the assessor of the county where the manufactured home or mobilehome is to be installed. The written notice shall be upon forms provided by the department containing any information that the department may require, after consultation with the assessors. Filing of a copy of the notice with the assessor in accordance with this section shall be in lieu of filing a change of ownership statement pursuant to Sections 480 and 482 of the Revenue and Taxation Code.
(e)Except for transactions subject to Section 18035.26, for purposes of this section, a transaction by or through a dealer shall be deemed completed and consummated and any fees and the required report of sale, lease, or rental are due when any of the following occurs:
(1)The purchaser of any commercial coach has signed a purchase contract or security agreement or paid any purchase price, the lessee of a new commercial coach has signed a lease agreement or lease with an option to buy or paid any purchase price, or the lessee of a used commercial coach has either signed a lease with an option to buy or paid any purchase price, and the purchaser or lessee has taken physical possession or delivery of the commercial coach.
(2)For sales subject to Section 18035, when all the amounts other than escrow fees and amounts for uninstalled or undelivered accessories are disbursed from the escrow account.
(3)For sales subject to Section 18035.2, when the installation is complete and a certificate of occupancy is issued.
(f)The department shall charge a fee, not to exceed forty-five dollars ($45), for processing the notice of disposal and any information required for completing the disposal process required pursuant to Section 798.56a and 798.61 of the Civil Code.
SEC. 4.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
(a)Within 60 days after receipt of, or no later than 65 days after the mailing of, the notice of termination of tenancy pursuant to any reason provided in Section 798.56, the legal owner, if any, and each junior lienholder, if any, shall notify the management in writing of at least one of the following:
(1)Its offer to sell the obligation secured by the mobilehome to the management for the amount specified in its written offer. In that event, the management shall have 15 days following receipt of the offer to accept or reject the offer in writing. If the offer is rejected, the person or entity that made the offer shall have 10 days in which to exercise one of the other options contained in this section and shall notify management in writing of its choice.
(2)Its intention to foreclose on its security interest in the mobilehome.
(3)Its request that the management pursue the termination of tenancy against the homeowner and its offer to reimburse management for the reasonable attorneys fees and court costs incurred by the management in that action. If this request and offer are made, the legal owner, if any, or junior lienholder, if any, shall reimburse the management the amount of reasonable attorneys fees and court costs, as agreed upon by the management and the legal owner or junior lienholder, incurred by the management in an action to terminate the homeowners tenancy, on or before the earlier of (A) the 60th calendar day following receipt of written notice from the management of the aggregate amount of those reasonable attorneys fees and costs or (B) the date the mobilehome is resold.
(b)A legal owner, if any, or junior lienholder, if any, may sell the mobilehome within the park to a third party and keep the mobilehome on the site within the mobilehome park until it is resold only if all of the following requirements are met:
(1)The legal owner, if any, or junior lienholder, if any, notifies management in writing of the intention to exercise either option described in paragraph (2) or (3) of subdivision (a) within 60 days following receipt of, or no later than 65 days after the mailing of, the notice of termination of tenancy and satisfies all of the responsibilities and liabilities of the homeowner owing to the management for the 90 days preceding the mailing of the notice of termination of tenancy and then continues to satisfy these responsibilities and liabilities as they accrue from the date of the mailing of that notice until the date the mobilehome is resold.
(2)Within 60 days following receipt of, or no later than 65 days after the mailing of, the notice of termination of tenancy, the legal owner or junior lienholder commences all repairs and necessary corrective actions so that the mobilehome complies with park rules and regulations in existence at the time the notice of termination of tenancy was given as well as the health and safety standards specified in Sections 18550, 18552, and 18605 of the Health and Safety Code, and completes these repairs and corrective actions within 90 calendar days of that notice, or before the date that the mobilehome is sold, whichever is earlier.
(3)The legal owner, if any, or junior lienholder, if any, complies with the requirements of Article 7 (commencing with Section 798.70) as it relates to the transfer of the mobilehome to a third party.
(c)For purposes of subdivision (b), the homeowners responsibilities and liabilities means all rents, utilities, reasonable maintenance charges of the mobilehome and its premises, and reasonable maintenance of the mobilehome and its premises pursuant to existing park rules and regulations.
(d)If the homeowner files for bankruptcy, the periods set forth in this section are tolled until the mobilehome is released from bankruptcy.
(e)(1)Notwithstanding any other provision of law, including, but not limited to, Section 18099.5 of the Health and Safety Code, if neither the legal owner nor a junior lienholder notifies the management of its decision pursuant to subdivision (a) within the period allowed, or performs as agreed within 30 days, or if a registered owner of a mobilehome, that is not encumbered by a lien held by a legal owner or a junior lienholder, fails to comply with a notice of termination and is either legally evicted or vacates the premises, the management may either remove the mobilehome from the premises and place it in storage or store it on its site. In this case, notwithstanding any other provision of law, the management shall have a warehouse lien in accordance with Section 7209 of the Commercial Code against the mobilehome for the costs of dismantling and moving, if appropriate, as well as storage, that shall be superior to all other liens, except the lien provided for in Section 18116.1 of the Health and Safety Code, and may enforce the lien pursuant to Section 7210 of the Commercial Code either after the date of judgment in an unlawful detainer action or after the date the mobilehome is physically vacated by the resident, whichever occurs earlier. Upon completion of any sale to enforce the warehouse lien in accordance with Section 7210 of the Commercial Code, the management shall provide the purchaser at the sale with evidence of the sale, as shall be specified by the Department of Housing and Community Development, that shall, upon proper request by the purchaser of the mobilehome, register title to the mobilehome to this purchaser, whether or not there existed a legal owner or junior lienholder on this title to the mobilehome.
(2)Notwithstanding any other provision of law, if the management of a mobilehome park obtains title to a mobilehome after enforcing the warehouse lien and obtains approval from Department of Housing and Community Development to designate the mobilehome for salvage, management or any other person enforcing this warehouse lien shall not be required to obtain a tax clearance certificate, as set forth in Section 5832 of the Revenue and Taxation Code, provided that management notifies the county tax collector in the county in which the mobilehome is located, as well as the Department of Housing and Community Development of managements intent to enforce a warehouse lien and apply to have the mobilehome designated for salvage. The written notice shall be sent to the county tax collector and the Department of Housing and Community Development no less than 10 days prior to the intended date of the sale to enforce the lien against the mobilehome. The notice shall be sent by first class mail, postage prepaid.
(f)All written notices required by this section, except the notice in paragraph (2) of subdivision (e), shall be sent to the other party by certified or registered mail with return receipt requested.
(g)Satisfaction, pursuant to this section, of the homeowners accrued or accruing responsibilities and liabilities shall not cure the default of the homeowner.
SECTION 1.SEC. 2.Section 798.61 of the Civil Code is amended to read:798.61.(a)(1)As used in this section, abandoned mobilehome means a mobilehome about which all of the following are true:
(A)It is located in a mobilehome park on a site for which no rent has been paid to the management for the preceding 60 days.
(B)It is unoccupied.
(C)A reasonable person would believe it to be abandoned.
(D)It is not permanently affixed to the land.
(2)As used in this section:
(A)Mobilehome shall include a trailer coach, as defined in Section 635 of the Vehicle Code, or a recreational vehicle, as defined in Section 18010 of the Health and Safety Code, if the trailer coach or recreational vehicle also satisfies the requirements of paragraph (1), including being located on any site within a mobilehome park, even if the site is in a separate designated section pursuant to Section 18215 of the Health and Safety Code.
(B)Abandoned mobilehome shall include a mobilehome that is uninhabitable because of its total or partial destruction that cannot be rehabilitated, if the mobilehome also satisfies the requirements of paragraph (1).
(C)Dispose or disposal shall mean the removal and destruction of an abandoned mobilehome from a mobilehome park, thus making it unusable for any purpose.
(b)After determining a mobilehome in a mobilehome park to be an abandoned mobilehome, the management shall post a notice of belief of abandonment on the mobilehome for not less than 30 days, and shall deposit copies of the notice in the United States mail, postage prepaid, addressed to the homeowner at the last known address and to any known registered owner, if different from the homeowner, and to any known holder of a security interest in the abandoned mobilehome. This notice shall be mailed by registered or certified mail with a return receipt requested.
(c)(1)Thirty or more days following posting pursuant to subdivision (b), the management may file a petition in the superior court in the county in which the mobilehome park is located, for a judicial declaration of abandonment of the mobilehome. A proceeding under this subdivision is a limited civil case. Copies of the petition shall be served upon the homeowner, any known registered owner, and any known person having a lien or security interest of record in the mobilehome by posting a copy on the mobilehome and mailing copies to those persons at their last known addresses by registered or certified mail with a return receipt requested in the United States mail, postage prepaid.
(2)To dispose of an abandoned mobilehome pursuant to subdivision (f), the management shall also do all of the following:
(A)Declare in the petition that the management will dispose of the abandoned mobilehome, and therefore will not seek a tax clearance certificate as set forth in Section 5832 of the Revenue and Taxation Code.
(B)Declare in the petition whether the management intends to sell the contents of the abandoned mobilehome before its disposal.
(C)Notify the county tax collector in the county in which the mobilehome park is located and the Department of Housing and Community Development of the declaration that management will dispose of the abandoned mobilehome by sending a copy of the petition by first class mail.
(d)(1)Hearing on the petition shall be given precedence over other matters on the courts calendar.
(2)If, at the hearing, the petitioner shows by a preponderance of the evidence that the criteria for an abandoned mobilehome has been satisfied and no party establishes an interest therein at the hearing, hearing and tenders all past due rent and other charges, the court shall enter a judgment of abandonment, determine the amount of charges to which the petitioner is entitled, and award attorneys fees and costs to the petitioner. For purposes of this subdivision, an interest in the mobilehome shall be established by evidence of a right to possession of the mobilehome or a security or ownership interest in the mobilehome.
(3)A default may be entered by the court clerk upon request of the petitioner, and a default judgment shall be thereupon entered, if no responsive pleading is filed within 15 days after service of the petition by mail.
(e)To sell an abandoned mobilehome, the management shall do all of the following:
(1)(A)Within 10 days following a judgment of abandonment, the management shall enter the abandoned mobilehome and complete an inventory of the contents and submit the inventory to the court.
(B)During this period the management shall post and mail a notice of intent to sell the abandoned mobilehome and its contents under this section, and announcing the date of sale, in the same manner as provided for the notice of determination of abandonment under subdivision (b). The management shall also provide notice to the county tax collector in the county in which the mobilehome park is located and the Department of Housing and Community Development.
(C)At any time prior to the sale of an abandoned mobilehome or its contents under this section, any person having a right to possession of the abandoned mobilehome may recover and remove it from the premises upon payment to the management of all rent or other charges due, including reasonable costs of storage and other costs awarded by the court. Upon receipt of this payment and removal of the abandoned mobilehome from the premises pursuant to this paragraph, the management shall immediately file an acknowledgment of satisfaction of judgment pursuant to Section 724.030 of the Code of Civil Procedure.
(2)Following the judgment of abandonment, but not less than 10 days following the notice of sale specified in paragraph (1), the management may conduct a public sale of the abandoned mobilehome, its contents, or both. The management may bid at the sale and shall have the right to offset its bids to the extent of the total amount due it under this section. The proceeds of the sale shall be retained by the management, but any unclaimed amount thus retained over and above the amount to which the management is entitled under this section shall be deemed abandoned property and shall be paid into the treasury of the county in which the sale took place within 30 days of the date of the sale. The former homeowner or any other owner may claim any or all of that unclaimed amount within one year from the date of payment to the county by making application to the county treasurer or other official designated by the county. If the county pays any or all of that unclaimed amount to a claimant, neither the county nor any officer or employee of the county is liable to any other claimant as to the amount paid.
(3)Within 30 days of the date of the sale of the abandoned mobilehome and its contents, the management shall submit to the court an accounting of the moneys received from the sale and the disposition of the money and the items contained in the inventory submitted to the court pursuant to paragraph (1).
(4)The management shall provide the purchaser at the sale of an abandoned mobilehome with a copy of the judgment of abandonment and evidence of the sale, as shall be specified by the Department of Housing and Community Development or the Department of Motor Vehicles, which shall register title in the abandoned mobilehome to the purchaser upon presentation thereof. The sale shall pass title to the purchaser free of any prior interest, including any security interest or lien, except the lien provided for in Section 18116.1 of the Health and Safety Code, in the abandoned mobilehome.
(f)To dispose of an abandoned mobilehome, the management shall do all of the following:
(1)(A)Within 10 days following a judgment of abandonment, the management shall enter the abandoned mobilehome and complete an inventory of the contents and submit the inventory to the court.
(B)During this period the management shall post and mail a notice of intent to dispose of the abandoned mobilehome and its contents under this section, and announcing the date of disposal, in the same manner as provided for the notice of determination of abandonment under subdivision (b). The management shall also provide notice to the county tax collector in the county in which the mobilehome park is located and the Department of Housing and Community Development.
(C)At any time prior to the disposal of an abandoned mobilehome or its contents under this section, any person having a right to possession of the abandoned mobilehome may recover and remove it from the premises upon payment to the management of all rent or other charges due, including reasonable costs of storage and other costs awarded by the court. Upon receipt of this payment and removal of the abandoned mobilehome from the premises pursuant to this subparagraph, the management shall immediately file an acknowledgment of satisfaction of judgment pursuant to Section 724.030 of the Code of Civil Procedure.
(2)Following the judgment of abandonment, but not less than 10 days following the notice of disposal specified in paragraph (1), the management may dispose of the abandoned mobilehome.
(3)(A)Within 30 days of the date of the disposal of an abandoned mobilehome and its contents, the management shall submit to the court, the county tax collector in the county in which the mobilehome park is located, and the Department of Housing and Community Development a statement that the abandoned mobilehome and its contents were disposed with supporting documentation.
(B)Within 30 days of the date of the disposal of an abandoned mobilehome or the date of the sale of its contents, whichever date is later, the management shall submit to the court, the county tax collector in the county in which the mobilehome park is located, and the Department of Housing and Community Development an accounting of the moneys received from the sale and the disposition of the money and the items contained in the inventory submitted to the court pursuant to paragraph (1) and a statement that the abandoned mobilehome was disposed with supporting documentation.
(4)The management shall obtain a salvage title from the Department of Housing and Community Development prior to disposal.
(g)Notwithstanding any other law, the management shall not be required to obtain a tax clearance certificate, as set forth in Section 5832 of the Revenue and Taxation Code, to either dispose of an abandoned mobilehome and sell its contents, or dispose of an abandoned mobilehome and its contents. contents pursuant to subdivision (f). However, any sale pursuant to this section shall be subject to the tax clearance certificate requirements of Section 18092.7 of the Health and Safety Code.
(a)(1)As used in this section, abandoned mobilehome means a mobilehome about which all of the following are true:
(A)It is located in a mobilehome park on a site for which no rent has been paid to the management for the preceding 60 days.
(B)It is unoccupied.
(C)A reasonable person would believe it to be abandoned.
(2)As used in this section:
(A)Mobilehome shall include a trailer coach, as defined in Section 635 of the Vehicle Code, or a recreational vehicle, as defined in Section 18010 of the Health and Safety Code, if the trailer coach or recreational vehicle also satisfies the requirements of paragraph (1), including being located on any site within a mobilehome park, even if the site is in a separate designated section pursuant to Section 18215 of the Health and Safety Code.
(B)Abandoned mobilehome shall include a mobilehome that is uninhabitable because of its total or partial destruction that cannot be rehabilitated, if the mobilehome also satisfies the requirements of paragraph (1).
(3)As used in this section, dispose
(C)Dispose or disposal shall mean to remove the removal and destruction of an abandoned mobilehome from a mobilehome park or park and destroy it, park, thus making it unusable for any purpose.
(b)After determining a mobilehome in a mobilehome park to be an abandoned mobilehome, the management shall post a notice of belief of abandonment on the mobilehome for not less than 30 days, and shall deposit copies of the notice in the United States mail, postage prepaid, addressed to the homeowner at the last known address and to any known registered owner, if different from the homeowner, and to any known holder of a security interest in the abandoned mobilehome. This notice shall be mailed by registered or certified mail with a return receipt requested.
(c)(1)Thirty or more days following posting pursuant to subdivision (b), the management may file a petition in the superior court in the county in which the mobilehome park is located, for a judicial declaration of abandonment of the mobilehome. A proceeding under this subdivision is a limited civil case. Copies of the petition shall be served upon the homeowner, any known registered owner, and any known person having a lien or security interest of record in the mobilehome by posting a copy on the mobilehome and mailing copies to those persons at their last known addresses by registered or certified mail with a return receipt requested in the United States mail, postage prepaid.
(2)To dispose of an abandoned mobilehome, mobilehome pursuant to subdivision (f), the management shall also do all of the following:
(A)Declare in the petition that the management will dispose of the abandoned mobilehome, and therefore will not seek a tax clearance certificate as set forth in Section 5832 of the Revenue and Taxation Code.
(B)Declare in the petition whether the management intends to sell the contents of the abandoned mobilehome before its disposal.
(C)Serve the petition on Notify the county tax collector in the county in which the mobilehome park is located and the Department of Housing and Community Development. Development of the declaration that management will dispose of the abandoned mobilehome by sending a copy of the petition by first class mail.
(d)(1)Hearing on the petition shall be given precedence over other matters on the courts calendar.
(2)If, at the hearing, the petitioner shows by a preponderance of the evidence that the criteria for an abandoned mobilehome has been satisfied and no party establishes an interest therein at the hearing, the court shall enter a judgment of abandonment, determine the amount of charges to which the petitioner is entitled, and award attorneys fees and costs to the petitioner. For purposes of this subdivision, an interest in the mobilehome shall be established by evidence of a right to possession of the mobilehome or a security or ownership interest in the mobilehome.
(3)A default may be entered by the court clerk upon request of the petitioner, and a default judgment shall be thereupon entered, if no responsive pleading is filed within 15 days after service of the petition by mail.
(e)(1)Within To sell an abandoned mobilehome, the management shall do all of the following:
(1)(A)Within 10 days following a judgment of abandonment, the management shall enter the abandoned mobilehome and complete an inventory of the contents and submit the inventory to the court.
(2)
(B)During this period the management shall post and mail a notice of intent to sell or dispose of the abandoned mobilehome and its contents under this section, and announcing the date of sale or disposal, sale, in the same manner as provided for the notice of determination of abandonment under subdivision (b). The management shall also provide notice to the county tax collector in the county in which the mobilehome park is located and the Department of Housing and Community Development, if requested by either to do so. Development.
(3)
(C)At any time prior to the sale or disposal of an abandoned mobilehome or its contents under this section, any person having a right to possession of the abandoned mobilehome may recover and remove it from the premises upon payment to the management of all rent or other charges due, including reasonable costs of storage and other costs awarded by the court. Upon receipt of this payment and removal of the abandoned mobilehome from the premises pursuant to this paragraph, the management shall immediately file an acknowledgment of satisfaction of judgment pursuant to Section 724.030 of the Code of Civil Procedure.
(f)(1)
(2)Following the judgment of abandonment, but not less than 10 days following the notice of sale or disposal specified in subdivision (e), paragraph (1), the management may conduct a public sale of the abandoned mobilehome, its contents, or both. The management may bid at the sale and shall have the right to offset its bids to the extent of the total amount due it under this section. The proceeds of the sale shall be retained by the management, but any unclaimed amount thus retained over and above the amount to which the management is entitled under this section shall be deemed abandoned property and shall be paid into the treasury of the county in which the sale took place within 30 days of the date of the sale. The former homeowner or any other owner may claim any or all of that unclaimed amount within one year from the date of payment to the county by making application to the county treasurer or other official designated by the county. If the county pays any or all of that unclaimed amount to a claimant, neither the county nor any officer or employee of the county is liable to any other claimant as to the amount paid.
(2)Following the judgment of abandonment, but not less than 10 days following the notice of sale or disposal specified in subdivision (e), the management may dispose of the abandoned mobilehome.
(g)(1)
(3)Within 30 days of the date of the sale of the abandoned mobilehome and its contents, the management shall submit to the court an accounting of the moneys received from the sale and the disposition of the money and the items contained in the inventory submitted to the court pursuant to subdivision (e). paragraph (1).
(2)Within 30 days of the date of the disposal of an abandoned mobilehome and its contents, the management shall submit to the court, the county tax collector in the county in which the mobilehome park is located, and the Department of Housing and Community Development a statement that the abandoned mobilehome and its contents were disposed with supporting documentation.
(3)Within 30 days of the date of the disposal of an abandoned mobilehome or the date of the sale of its contents, whichever date is later, the management shall submit to the court, the county tax collector in the county in which the mobilehome park is located, and the Department of Housing and Community Development an accounting of the moneys received from the sale and the disposition of the money and the items contained in the inventory submitted to the court pursuant to subdivision (e) and a statement that the abandoned mobilehome was disposed with supporting documentation.
(h)
(4)The management shall provide the purchaser at the sale of an abandoned mobilehome with a copy of the judgment of abandonment and evidence of the sale, as shall be specified by the Department of Housing and Community Development or the Department of Motor Vehicles, which shall register title in the abandoned mobilehome to the purchaser upon presentation thereof. The sale shall pass title to the purchaser free of any prior interest, including any security interest or lien, except the lien provided for in Section 18116.1 of the Health and Safety Code, in the abandoned mobilehome.
(f)To dispose of an abandoned mobilehome, the management shall do all of the following:
(1)(A)Within 10 days following a judgment of abandonment, the management shall enter the abandoned mobilehome and complete an inventory of the contents and submit the inventory to the court.
(B)During this period the management shall post and mail a notice of intent to dispose of the abandoned mobilehome and its contents under this section, and announcing the date of disposal, in the same manner as provided for the notice of determination of abandonment under subdivision (b). The management shall also provide notice to the county tax collector in the county in which the mobilehome park is located and the Department of Housing and Community Development.
(C)At any time prior to the disposal of an abandoned mobilehome or its contents under this section, any person having a right to possession of the abandoned mobilehome may recover and remove it from the premises upon payment to the management of all rent or other charges due, including reasonable costs of storage and other costs awarded by the court. Upon receipt of this payment and removal of the abandoned mobilehome from the premises pursuant to this subparagraph, the management shall immediately file an acknowledgment of satisfaction of judgment pursuant to Section 724.030 of the Code of Civil Procedure.
(2)Following the judgment of abandonment, but not less than 10 days following the notice of disposal specified in paragraph (1), the management may dispose of the abandoned mobilehome.
(3)(A)Within 30 days of the date of the disposal of an abandoned mobilehome and its contents, the management shall submit to the court, the county tax collector in the county in which the mobilehome park is located, and the Department of Housing and Community Development a statement that the abandoned mobilehome and its contents were disposed with supporting documentation.
(B)Within 30 days of the date of the disposal of an abandoned mobilehome or the date of the sale of its contents, whichever date is later, the management shall submit to the court, the county tax collector in the county in which the mobilehome park is located, and the Department of Housing and Community Development an accounting of the moneys received from the sale and the disposition of the money and the items contained in the inventory submitted to the court pursuant to paragraph (1) and a statement that the abandoned mobilehome was disposed with supporting documentation.
(i)
(g)Notwithstanding any other law, the management shall not be required to obtain a tax clearance certificate, as set forth in Section 5832 of the Revenue and Taxation Code, to either dispose of an abandoned mobilehome and sell its contents, or dispose of an abandoned mobilehome and its contents.
(a)(1)As used in this section, abandoned mobilehome means a mobilehome about which all of the following are true:
(A)It is located in a mobilehome park on a site for which no rent has been paid to the management for the preceding 60 days.
(B)It is unoccupied.
(C)A reasonable person would believe it to be abandoned.
(2)For purposes of As used in this section:
(A)Mobilehome shall include a trailer coach, as defined in Section 635 of the Vehicle Code, or a recreational vehicle, as defined in Section 18010 of the Health and Safety Code, if the trailer coach or recreational vehicle also satisfies the requirements of paragraph (1), including being located on any site within a mobilehome park, even if the site is in a separate designated section pursuant to Section 18215 of the Health and Safety Code.
(B)Abandoned mobilehome shall include a mobilehome that is uninhabitable because of its total or partial destruction that cannot be rehabilitated, if the mobilehome also satisfies the requirements of paragraph (1).
(3)As used in this section, dispose or disposal shall mean to remove an abandoned mobilehome from a mobilehome park or park and destroy it, thus making it unusable for any purpose.
(b)After determining a mobilehome in a mobilehome park to be an abandoned mobilehome, the management shall post a notice of belief of abandonment on the mobilehome for not less than 30 days, and shall deposit copies of the notice in the United States mail, postage prepaid, addressed to the homeowner at the last known address and to any known registered owner, if different from the homeowner, and to any known holder of a security interest in the abandoned mobilehome. This notice shall be mailed by registered or certified mail with a return receipt requested.
(c)(1)Thirty or more days following posting pursuant to subdivision (b), the management may file a petition in the superior court in the county in which the mobilehome park is located, for a judicial declaration of abandonment of the mobilehome. A proceeding under this subdivision is a limited civil case. Copies of the petition shall be served upon the homeowner, any known registered owner, and any known person having a lien or security interest of record in the mobilehome by posting a copy on the mobilehome and mailing copies to those persons at their last known addresses by registered or certified mail with a return receipt requested in the United States mail, postage prepaid.
(2)To dispose of an abandoned mobilehome, the management shall also do all of the following:
(A)Declare in the petition that the management will dispose of the abandoned mobilehome, and therefore will not seek a tax clearance certificate as set forth in Section 5832 of the Revenue and Taxation Code.
(B)Declare in the petition whether the management intends to sell the contents of the abandoned mobilehome before its disposal.
(C)Serve the petition on the county tax collector in the county in which the mobilehome park is located and the Department of Housing and Community Development.
(d)(1)Hearing on the petition shall be given precedence over other matters on the courts calendar.
(2)If, at the hearing, the petitioner shows by a preponderance of the evidence that the criteria for an abandoned mobilehome has been satisfied and no party establishes an interest therein at the hearing, the court shall enter a judgment of abandonment, determine the amount of charges to which the petitioner is entitled, and award attorneys fees and costs to the petitioner. For purposes of this subdivision, an interest in the mobilehome shall be established by evidence of a right to possession of the mobilehome or a security or ownership interest in the mobilehome.
(3)A default may be entered by the court clerk upon request of the petitioner, and a default judgment shall be thereupon entered, if no responsive pleading is filed within 15 days after service of the petition by mail.
(e)(1)Within 10 days following a judgment of abandonment, the management shall enter the abandoned mobilehome and complete an inventory of the contents and submit the inventory to the court.
(2)During this period the management shall post and mail a notice of intent to sell or dispose of the abandoned mobilehome and its contents under this section, and announcing the date of sale, sale or disposal, in the same manner as provided for the notice of determination of abandonment under subdivision (b). The management shall also provide notice to the county tax collector in the county in which the mobilehome park is located and the Department of Housing and Community Development, if requested by either to do so.
(3)At any time prior to the sale or disposal of a an abandoned mobilehome or its contents under this section, any person having a right to possession of the abandoned mobilehome may recover and remove it from the premises upon payment to the management of all rent or other charges due, including reasonable costs of storage and other costs awarded by the court. Upon receipt of this payment and removal of the abandoned mobilehome from the premises pursuant to this paragraph, the management shall immediately file an acknowledgment of satisfaction of judgment pursuant to Section 724.030 of the Code of Civil Procedure.
(f)(1)Following the judgment of abandonment, but not less than 10 days following the notice of sale or disposal specified in subdivision (e), the management may conduct a public sale of the abandoned mobilehome and, its contents. contents, or both. The management may bid at the sale and shall have the right to offset its bids to the extent of the total amount due it under this section. The proceeds of the sale shall be retained by the management, but any unclaimed amount thus retained over and above the amount to which the management is entitled under this section shall be deemed abandoned property and shall be paid into the treasury of the county in which the sale took place within 30 days of the date of the sale. The former homeowner or any other owner may claim any or all of that unclaimed amount within one year from the date of payment to the county by making application to the county treasurer or other official designated by the county. If the county pays any or all of that unclaimed amount to a claimant, neither the county nor any officer or employee of the county is liable to any other claimant as to the amount paid.
(2)Following the judgment of abandonment, but not less than 10 days following the notice of sale or disposal specified in subdivision (e), the management may dispose of the abandoned mobilehome.
(g)(1)Within 30 days of the date of the sale, sale of the abandoned mobilehome and its contents, the management shall submit to the court an accounting of the moneys received from the sale and the disposition of the money and the items contained in the inventory submitted to the court pursuant to subdivision (e).
(2)Within 30 days of the date of the disposal of an abandoned mobilehome and its contents, the management shall submit to the court, the county tax collector in the county in which the mobilehome park is located, and the Department of Housing and Community Development a statement that the abandoned mobilehome and its contents were disposed with supporting documentation.
(3)Within 30 days of the date of the disposal of an abandoned mobilehome or the date of the sale of its contents, whichever date is later, the management shall submit to the court, the county tax collector in the county in which the mobilehome park is located, and the Department of Housing and Community Development an accounting of the moneys received from the sale and the disposition of the money and the items contained in the inventory submitted to the court pursuant to subdivision (e) and a statement that the abandoned mobilehome was disposed with supporting documentation.
(h)The management shall provide the purchaser at the sale of an abandoned mobilehome with a copy of the judgment of abandonment and evidence of the sale, as shall be specified by the State Department of Housing and Community Development or the Department of Motor Vehicles, which shall register title in the abandoned mobilehome to the purchaser upon presentation thereof. The sale shall pass title to the purchaser free of any prior interest, including any security interest or lien, except the lien provided for in Section 18116.1 of the Health and Safety Code, in the abandoned mobilehome.
(i)Notwithstanding any other law, the management shall not be required to obtain a tax clearance certificate, as set forth in Section 5832 of the Revenue and Taxation Code, to either dispose of an abandoned mobilehome and sell its contents, or dispose of an abandoned mobilehome and its contents.
SECTION 1.Section 798.62 is added to the Civil Code, to read:798.62.(a)For purposes of this section, all of the following definitions shall apply:
(1)Current market value means the amount in cash, as determined by the county assessor, that could reasonably be expected to be paid for personal property by an informed buyer to an informed seller, each acting without compulsion in an arms-length transaction occurring on the assessment date for the tax year or on the date of a subsequent reappraisal by the county assessor.
(2)Certified funds means certified check or money order.
(3)Dispose of the mobilehome means to throw away, dismantle, salvage, or demolish the mobilehome.
(4)Lienholder means any of the following:
(A)A legal owner as defined by Section 18005.8 of the Health and Safety Code.
(B)A junior lienholder as defined by Section 18005.3 of the Health and Safety Code.
(C)The holder of any lien or secured interest provided for in Section 18116.1 of the Health and Safety Code.
(5)Substandard means substandard as defined in Section 1606 of Chapter 2 of Division 1 of Title 25 of the Code of Regulations.
(b)(1)Management may dispose of a mobilehome as provided by this section.
(2)This section governs the rights and obligations of landlords, tenants, and any lienholders in any mobilehome left upon the premises by the tenant or any lienholder under any of the following circumstances:
(A)The tenancy has ended by termination or expiration of a rental agreement or by relinquishment of the premises and the landlord reasonably believes that the owner of the mobilehome has left the mobilehome upon the premises with no intention of asserting any further claim to the premises.
(B)The tenant has been absent from the premises continuously for seven days after termination of a tenancy by a court order that has not been executed.
(C)The landlord receives possession of the premises by execution of a writ of possession on a judgment against the tenant, occupants, or owner of the mobilehome.
(D)The mobilehome is either of the following:
(i)A public or private nuisance, irreparable, substandard or, not habitable.
(ii)Has a current market value of fifteen thousand dollars ($15,000) or less and is subject to abatement by salvage or demolition.
(c)(1)Prior to disposing of the mobilehome, the landlord shall provide written notice to the tenant and owner in the following manner:
(A)Served by certified mail, return receipt requested, addressed and mailed to the tenant and owner of the mobilehome at all of the following:
(i)The premises where the mobilehome is located.
(ii)Any postoffice box held by the tenant and actually known to the landlord.
(iii)The most recent forwarding address if provided by the tenant or actually known to the landlord, and all addresses for next of kin actually known to landlord.
(B)Posted at the premises.
(2)The notice required pursuant to paragraph (1) shall state all of the following:
(A)The mobilehome left upon the premises is a nuisance and subject to abatement.
(B)The mobilehome is stored on the rented space.
(C)Any lienholder that has a right to claim the mobilehome, except as provided by this section.
(D)That the landlord reasonably believes the county assessor will determine that the current market value of the mobilehome is fifteen thousand dollars ($15,000) or less, and that the landlord intends to dispose of the property if the property is not claimed.
(E)(i)If the tenant or any lienholder fails to respond to the landlord, in writing, by a date specified, or fails to remove the mobilehome within 30 days after the mailing of the notice, the landlord may dispose of the mobilehome.
(ii)For purposes of this subparagraph, by a date specified means a date not less than 30 days after the mailing of the notice.
(d)(1)The landlord shall also give a copy of the notice described in subdivision (c) to all of the following:
(A)Any lienholder.
(B)The tax collector of the county where the mobilehome is located.
(C)The assessor of the county where the mobilehome is located.
(2)The copy of the notice required pursuant to paragraph (1) shall be given by certified mail, return receipt requested.
(3)A notice to lienholders under subparagraph (A) of paragraph (1) shall be sent to each lienholder at each of the following addresses:
(A)Actually known to the landlord.
(B)Of record.
(e)After notifying the tenant as required pursuant to subdivision (c), both of the following shall apply:
(1)The landlord shall store the abandoned mobilehome of the tenant on the rented space and shall exercise reasonable care for the mobilehome.
(2)The landlord is entitled to reasonable or actual storage charges and costs incidental to storage or disposal. The storage charge may be no greater than the monthly space rent last payable by the tenant.
(f)If a tenant or lienholder, upon receipt of the notice provided by the landlord, responds in writing to the landlord on or before the date specified in the landlords notice that the tenant or lienholder intends to remove the mobilehome from the premises and pay the storage fees for which they shall then be indebted, the landlord may require payment of storage charges and costs incidental to storage prior to allowing the tenant or lienholder onto the premises to remove the mobilehome. Acceptance by a landlord of this payment does not operate to create or reinstate a tenancy. Failure to allow removal absent payment in certified funds shall not constitute an interference with property or conversion.
(g)If a tenant or lienholder does not respond on or before the date specified in the landlords notice, or the tenant or lienholder does not remove the mobilehome within 30 days after responding to the landlord or by a date agreed upon with the landlord, whichever is later, both of the following shall apply:
(1)The mobilehome is conclusively presumed to be immediately subject to salvage, demolition, removal, or other abatement. The tenant and any lienholder that have been given notice pursuant to subdivision (c) or (d) shall have no further right, title, or interest to the mobilehome and may not claim or sell the property.
(2)The Department of Housing and Community Development shall immediately issue a salvage permit at one-half of the amount that would otherwise be due.
(h)A landlord shall not keep and retitle a mobilehome unless all applicable liens, including any lien or secured interest provided for in Section 18116.1 of the Health and Safety Code, have been paid.
(i)The landlord is not responsible for any loss to the tenant or lienholder resulting from storage, demolition, salvage, or removal of the mobilehome in compliance with this section. Compliance in good faith with this section shall constitute a complete defense in any action brought by a tenant or lienholder against a landlord for loss or damage to a mobilehome disposed of pursuant to this section.
(j)It is the intent of the Legislature to also enact legislation that would allow the removal of a mobilehome without first requiring a tax clearance certificate from the county tax collector.
(a)For purposes of this section, all of the following definitions shall apply:
(1)Current market value means the amount in cash, as determined by the county assessor, that could reasonably be expected to be paid for personal property by an informed buyer to an informed seller, each acting without compulsion in an arms-length transaction occurring on the assessment date for the tax year or on the date of a subsequent reappraisal by the county assessor.
(2)Certified funds means certified check or money order.
(3)Dispose of the mobilehome means to throw away, dismantle, salvage, or demolish the mobilehome.
(4)Lienholder means any of the following:
(A)A legal owner as defined by Section 18005.8 of the Health and Safety Code.
(B)A junior lienholder as defined by Section 18005.3 of the Health and Safety Code.
(C)The holder of any lien or secured interest provided for in Section 18116.1 of the Health and Safety Code.
(5)Substandard means substandard as defined in Section 1606 of Chapter 2 of Division 1 of Title 25 of the Code of Regulations.
(b)(1)Management may dispose of a mobilehome as provided by this section.
(2)This section governs the rights and obligations of landlords, tenants, and any lienholders in any mobilehome left upon the premises by the tenant or any lienholder under any of the following circumstances:
(A)The tenancy has ended by termination or expiration of a rental agreement or by relinquishment of the premises and the landlord reasonably believes that the owner of the mobilehome has left the mobilehome upon the premises with no intention of asserting any further claim to the premises.
(B)The tenant has been absent from the premises continuously for seven days after termination of a tenancy by a court order that has not been executed.
(C)The landlord receives possession of the premises by execution of a writ of possession on a judgment against the tenant, occupants, or owner of the mobilehome.
(D)The mobilehome is either of the following:
(i)A public or private nuisance, irreparable, substandard or, not habitable.
(ii)Has a current market value of fifteen thousand dollars ($15,000) or less and is subject to abatement by salvage or demolition.
(c)(1)Prior to disposing of the mobilehome, the landlord shall provide written notice to the tenant and owner in the following manner:
(A)Served by certified mail, return receipt requested, addressed and mailed to the tenant and owner of the mobilehome at all of the following:
(i)The premises where the mobilehome is located.
(ii)Any postoffice box held by the tenant and actually known to the landlord.
(iii)The most recent forwarding address if provided by the tenant or actually known to the landlord, and all addresses for next of kin actually known to landlord.
(B)Posted at the premises.
(2)The notice required pursuant to paragraph (1) shall state all of the following:
(A)The mobilehome left upon the premises is a nuisance and subject to abatement.
(B)The mobilehome is stored on the rented space.
(C)Any lienholder that has a right to claim the mobilehome, except as provided by this section.
(D)That the landlord reasonably believes the county assessor will determine that the current market value of the mobilehome is fifteen thousand dollars ($15,000) or less, and that the landlord intends to dispose of the property if the property is not claimed.
(E)(i)If the tenant or any lienholder fails to respond to the landlord, in writing, by a date specified, or fails to remove the mobilehome within 30 days after the mailing of the notice, the landlord may dispose of the mobilehome.
(ii)For purposes of this subparagraph, by a date specified means a date not less than 30 days after the mailing of the notice.
(d)(1)The landlord shall also give a copy of the notice described in subdivision (c) to all of the following:
(A)Any lienholder.
(B)The tax collector of the county where the mobilehome is located.
(C)The assessor of the county where the mobilehome is located.
(2)The copy of the notice required pursuant to paragraph (1) shall be given by certified mail, return receipt requested.
(3)A notice to lienholders under subparagraph (A) of paragraph (1) shall be sent to each lienholder at each of the following addresses:
(A)Actually known to the landlord.
(B)Of record.
(e)After notifying the tenant as required pursuant to subdivision (c), both of the following shall apply:
(1)The landlord shall store the abandoned mobilehome of the tenant on the rented space and shall exercise reasonable care for the mobilehome.
(2)The landlord is entitled to reasonable or actual storage charges and costs incidental to storage or disposal. The storage charge may be no greater than the monthly space rent last payable by the tenant.
(f)If a tenant or lienholder, upon receipt of the notice provided by the landlord, responds in writing to the landlord on or before the date specified in the landlords notice that the tenant or lienholder intends to remove the mobilehome from the premises and pay the storage fees for which they shall then be indebted, the landlord may require payment of storage charges and costs incidental to storage prior to allowing the tenant or lienholder onto the premises to remove the mobilehome. Acceptance by a landlord of this payment does not operate to create or reinstate a tenancy. Failure to allow removal absent payment in certified funds shall not constitute an interference with property or conversion.
(g)If a tenant or lienholder does not respond on or before the date specified in the landlords notice, or the tenant or lienholder does not remove the mobilehome within 30 days after responding to the landlord or by a date agreed upon with the landlord, whichever is later, both of the following shall apply:
(1)The mobilehome is conclusively presumed to be immediately subject to salvage, demolition, removal, or other abatement. The tenant and any lienholder that have been given notice pursuant to subdivision (c) or (d) shall have no further right, title, or interest to the mobilehome and may not claim or sell the property.
(2)The Department of Housing and Community Development shall immediately issue a salvage permit at one-half of the amount that would otherwise be due.
(h)A landlord shall not keep and retitle a mobilehome unless all applicable liens, including any lien or secured interest provided for in Section 18116.1 of the Health and Safety Code, have been paid.
(i)The landlord is not responsible for any loss to the tenant or lienholder resulting from storage, demolition, salvage, or removal of the mobilehome in compliance with this section. Compliance in good faith with this section shall constitute a complete defense in any action brought by a tenant or lienholder against a landlord for loss or damage to a mobilehome disposed of pursuant to this section.
(j)It is the intent of the Legislature to also enact legislation that would allow the removal of a mobilehome without first requiring a tax clearance certificate from the county tax collector.
|
Date
|
Status
|
|---|---|
| Jun 24, 2015 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD. |
| Sep 30, 2015 | Chaptered by Secretary of State - Chapter 376, Statutes of 2015. |
| Sep 30, 2015 | Approved by the Governor. |
| Sep 16, 2015 | Enrolled and presented to the Governor at 4 p.m. |
| Sep 3, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0.). |
| Sep 3, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0. Page 2837.). |
| Sep 1, 2015 | Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 2342.). |
| Sep 1, 2015 | Read third time. Passed. Ordered to the Assembly. |
| Sep 1, 2015 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 3 pursuant to Assembly Rule 77. |
| Aug 31, 2015 | Ordered to third reading. |
| Aug 26, 2015 | Ordered to special consent calendar. |
| Aug 19, 2015 | Read second time. Ordered to third reading. |
| Aug 18, 2015 | From committee: Do pass. (Ayes 7. Noes 0.) (August 17). |
| Jul 15, 2015 | Read second time and amended. Re-referred to Com. on APPR. |
| Jul 14, 2015 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (July 7). |
| Jun 24, 2015 | From committee: Do pass and re-refer to Com. on JUD. (Ayes 8. Noes 0.) (June 23). Re-referred to Com. on JUD. |
| Feb 26, 2015 | Read first time. To print. |
| Jun 15, 2015 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on T. & H. |
| Jun 4, 2015 | Referred to Coms. on T. & H. and JUD. |
| May 22, 2015 | Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 0. Page 1563.) |
| May 22, 2015 | Read third time. Passed. Ordered to the Senate. |
| May 22, 2015 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 14, 2015 | Read second time. Ordered to Consent Calendar. |
| May 13, 2015 | From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.) (May 13). |
| Apr 29, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (April 29). Re-referred to Com. on APPR. |
| Apr 21, 2015 | Re-referred to Com. on H. & C.D. |
| Apr 20, 2015 | Read second time and amended. |
| Apr 16, 2015 | From committee: Amend, and do pass as amended and re-refer to Com. on H. & C.D. (Ayes 10. Noes 0.) (April 14). |
| Apr 8, 2015 | Re-referred to Com. on JUD. |
| Apr 7, 2015 | From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended. |
| Mar 16, 2015 | Referred to Coms. on JUD. and H. & C.D. |
| Feb 27, 2015 | From printer. May be heard in committee March 29. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 3, 2015 | AB 999 DALY Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Sep 1, 2015 | Assembly 3rd Reading AB999 Daly By Hill | Senate Floor |
Passed |
|
| Aug 17, 2015 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| Jul 7, 2015 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Judiciary |
Passed |
|
| Jun 23, 2015 | Do pass, but first be re-referred to the Committee on [Judiciary] | Senate Standing Committee on Transportation and Housing |
Passed |
|
| May 22, 2015 | AB 999 DALY Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| May 13, 2015 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 29, 2015 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Housing and Community Development |
Passed |
|
| Apr 14, 2015 | Do pass as amended and be re-referred to the Committee on [Housing and Community Development] | Assembly Standing Committee on Judiciary |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| California Mobilehome Parkowners Alliance | ** Support | Sep 1, 2015 |
| Western Manufactured Housing Communities Association | ** Support | Sep 1, 2015 |
AB 999
Page 4
CONCURRENCE IN SENATE AMENDMENTS
AB 999
(Daly)
As Amended July 15, 2015
Majority vote
ASSEMBLY: |
74-0 |
(May 22, 2015) |
SENATE: |
39-0 |
(September 1, 2015) |
Original Committee Reference: JUD.
SUMMARY: Establishes due process requirements for mobilehome park owners (park management) seeking to dispose of an abandoned mobilehome without first being required to pay any unpaid property taxes on the mobilehome. Specifically, this bill:
Requires park management to file a petition for judicial declaration of abandonment and in the petition, declare its intent to not seek a tax clearance certificate, declare its intent to sell the contents of the abandoned mobilehome before its disposal, and then notify the county tax collector by mailing a copy of the petition by first-class mail.
Requires park management, within 10 days following a judgment of abandonment, to enter the mobilehome, make an inventory of the contents, and submit the inventory to the court.
Requires park management to post and mail a notice of intent to dispose of the abandoned mobilehome and its contents under this section, and announcing the date of disposal, in a specified manner. Further requires the management to provide notice to the county tax collector and the Department of Housing and Community Development (HCD).
Authorizes park management to dispose of the abandoned mobilehome following a judgment of abandonment, but not less than 10 days following the above notice of intent to dispose. Defines "dispose" to mean to remove an abandoned mobilehome from a mobilehome park and destroy it, thus making it unusable for any purpose, and not subject to, or eligible for, future use as a mobilehome.
Authorizes any person having right to possession of the abandoned mobilehome to recover and remove it from the premises at any time prior to disposal upon payment to the management of all rent, reasonable storage charges, and any other costs due. Requires the management to immediately file an acknowledgment of satisfaction of judgment upon receipt of such payment and removal of the mobilehome.
Requires park management, within 30 days of the date of the disposal of an abandoned mobilehome and its contents, to submit to the court, the county tax collector, and HCD a statement that the abandoned mobilehome and its contents were disposed with supporting documentation. Specifies additional information required to be submitted to HCD to complete the disposal process.
Requires park management, within 30 days of the date of the disposal, to submit an accounting of the moneys received from the sale and the disposition of the money and the items contained in the inventory.
Provides that, notwithstanding any other law, park management shall not be required to obtain a tax clearance certificate, as set forth in Revenue and Taxation Code Section 5832, to either dispose of an abandoned mobilehome and sell its contents, or dispose of an abandoned mobilehome and its contents.
Specifies conditions under which park management may avoid responsibility to pay vehicle license fees and past taxes for a mobilehome acquired through enforcement of a warehouse lien.
The Senate amendments:
Provide that if park management acquires a mobilehome after enforcing a warehouse lien and files a notice of disposal with HCD to designate the mobilehome for disposal, the management or any other person enforcing this warehouse lien shall not be required to pay past or current vehicle license fees or obtain a tax clearance certificate, provided that management notifies the county tax collector as specified.
Require park management, within 30 days of the disposal of a mobilehome, to submit to HCD all of the following information in order to complete the disposal process:
Photographs identifying and demonstrating that the mobilehome was uninhabitable by the removal or destruction of all appliances and fixtures such as ovens, stoves, bathroom fixtures, and heating or cooling appliances prior to its being moved.
A statement of facts as to the condition of the mobilehome when moved, the date it was moved, and the anticipated site of further dismantling or disposal.
The name, address, and license number of the person or entity removing the mobilehome from the mobilehome park.
Require park management, within 30 days of the sale of a mobilehome, to submit to the court an accounting of the moneys received from the sale, and the disposition of the money and items contained in the inventory previously submitted to the court.
Revise the definition of "abandoned mobilehome" to ensure it is not affixed to the land.
FISCAL EFFECT: According to the Senate Appropriations Committee:
Minor costs to HCD to process notices of mobilehome disposal and other specified information, offset by fee revenues. (Mobilehome Revolving Fund)
Minor annual losses of delinquent mobilehome property tax revenues, likely in the low tens of thousands annually, by relieving management from paying back taxes and fees prior to taking possession of a mobilehome for disposal. Property tax revenues that would otherwise have accrued to schools must be backfilled by the General Fund, pursuant to Proposition 98 (1988) minimum funding guarantees.
Minor annual fee revenue gains, likely in the low tens of thousands annually, related to the new fee of up to $45 that must be paid to HCD with a notice of disposal. (Mobilehome Revolving Fund)
Non-reimbursable mandate costs related to the creation of a new crime of perjury. This bill requires specified information for completing the disposal process to be submitted to HCD under penalty of perjury.
COMMENTS: Under existing law, owners of mobilehome parks must follow a specified court-supervised abandonment proceeding to dispose of a mobilehome when the homeowner has not only stopped paying rent on the site, but apparently abandoned the mobilehome itself, leaving it unoccupied and in a condition rendering it uninhabitable and unattractive for resale. In many cases, the property is burdened with unpaid property taxes owed by the homeowner – taxes which create an obstacle to disposal and removal of the home by park management because current law requires the unpaid taxes to be paid off before title to the mobilehome can be transferred to the park management, even for the purpose of disposal. This bill, sponsored by the Western Manufactured Housing Communities Association (WMA), seeks to establish due process requirements for mobilehome park owners that if satisfied, would allow them to dispose of an abandoned mobilehome without first being required to pay unpaid property taxes or vehicle license fees, if applicable, on the mobilehome.
Definitions of "abandoned" and "disposal." Under existing law, an abandoned mobilehome means a mobilehome about which all of the following are true: 1) it is unoccupied; 2) it is located in a mobilehome park on a site for which no rent has been paid to the management for the preceding 60 days; and 3) a reasonable person would believe it to be abandoned. This bill would expand the definition to include an additional condition, namely that it is not affixed to the land. This bill also defines the term "disposal" to mean to "remove it from a mobilehome park and destroy it, thus making it unusable for any purpose and not subject to, or eligible for, use in the future as a mobilehome." Thus, under the plain language of this bill, a mobilehome park owner using the procedure authorized by this bill to dispose of an abandoned mobilehome must destroy it upon removal from the park, and may not use the home for any other purpose.
Obligation to pay outstanding taxes and vehicle license fees. Existing law, the Mobilehome Residency Law, contains two sets of procedures that authorize the management of mobilehome parks to remove mobilehomes under specified circumstances. The first set involves mobilehomes occupied by residents who have had their tenancies terminated, such as for the non-payment of rent. Under this set of procedures, if the mobilehome of the evicted tenant is not timely removed or otherwise disposed of, the management of the park can secure a warehouse lien against the mobilehome for unpaid obligations and proceed to sell the mobilehome and its contents to satisfy the lien. The second set of procedures involves disposing of "abandoned" mobilehomes. When a resident abandons their mobilehome, the Mobilehome Residency Law authorizes park management to petition for a judicial declaration of abandonment, which, if granted, permits the management to sell the home and its contents, and offset its bid on the home by the amount owed by the former resident.
Recent amendments to this bill seek to modify both sets of procedures for removing mobilehomes from a mobilehome park. Under the first set involving removal of mobilehomes occupied by evicted tenants, this bill would specify that the management may "dispose" of a home instead of sell it when the mobilehome at issue is no longer habitable. Since it has no resale value, this bill would provide that the disposal and destruction of an uninhabitable mobilehome would relieve the management of an obligation to pay outstanding taxes and vehicle license fees when enforcing a warehouse lien and obtaining title to remove the home. Under the second set of procedures involving disposition of abandoned mobilehomes, this bill would similarly authorize park management to dispose of a home instead of selling it when it is no longer habitable. The management would be relieved of the obligation to pay outstanding taxes and vehicle license fees when disposing of the abandoned mobilehome pursuant to a judicial declaration of abandonment, provided certain conditions are satisfied.
Due process for disposing of an abandoned mobilehome. This bill establishes due process procedures for disposal of abandoned mobilehomes and their contents – provisions that largely track those currently governing the sale of abandoned mobilehomes. As a prerequisite, the management must first post a notice of belief of abandonment on the mobilehome for a minimum of 30 days and mail copies of the notice to the homeowner and any known lienholders. To further protect due process for the homeowner who may wish to contest abandonment, existing law requires the management to file a petition for judicial declaration of abandonment and serve it upon the homeowner, as well as any known lienholders on the home. Because this bill seeks to relieve park management from clearing unpaid taxes on the home, this bill requires management to declare its intent in the petition to not seek a tax clearance certificate, and then requires notification to the county tax collector and the HCD by mailing first-class a copy of the petition. If at the hearing on the petition, the petitioner shows sufficient evidence that the criteria for abandonment are satisfied and no party establishes a right to possession or security or ownership interest in the mobilehome, then the court shall enter a judgment of abandonment.
At this point, this bill requires park management, within 10 days following the judgment of abandonment, to enter the mobilehome, inventory the contents, and submit the inventory to the court. Subsequently, management shall post and mail to the homeowner and any known lienholders a notice of intent to dispose of the abandoned mobilehome and its contents, including the planned date of disposal. The notice must also be provided to the county tax collector and HCD. This bill authorizes park management to dispose of the abandoned mobilehome and its contents following a judgment of abandonment, but not less than 10 days following the notice of intent to dispose. Within 30 days of the date of the disposal, this bill requires management to submit to the court, the county tax collector, and HCD a statement that the abandoned mobilehome and its contents were disposed with supporting documentation.
Recent amendments also require park management to submit to HCD additional information to complete the disposal process, including photographs demonstrating that the mobilehome was uninhabitable by the removal or destruction of all appliances and fixtures, and a statement of facts as to the condition of the mobilehome when moved, the date it was moved, and the anticipated site of further dismantling or disposal, among other things. Finally, this bill requires management to also submit an accounting of the moneys received from the sale and the disposition of the money and the items contained in the inventory.
Analysis Prepared by: Anthony Lew / JUD. / (916) 319-2334 FN: 0001491
AB 999
Page 7
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Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: AB 999
Amended: 7/15/15 in Senate
SENATE TRANS. & HOUSING COMMITTEE: 8-0, 6/23/15
AYES: Beall, Allen, Bates, Gaines, Galgiani, Leyva, Mendoza, Roth
NO VOTE RECORDED: Cannella, McGuire, Wieckowski
SENATE JUDICIARY COMMITTEE: 6-0, 7/7/15
AYES: Jackson, Moorlach, Hertzberg, Leno, Monning, Wieckowski
NO VOTE RECORDED: Anderson
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/17/15
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen
ASSEMBLY FLOOR: 74-0, 5/22/15 (Consent) - See last page for vote
SUBJECT: Mobilehomes: disposal
SOURCE: Western Manufactured Housing Communities Association
DIGEST: This bill allows mobilehome park owners to dispose of abandoned mobilehomes without being required to pay a homeowner’s unpaid property taxes, either through a specified due process proceeding or through enforcement of a warehouse lien.
Existing law:
Defines a mobilehome as “abandoned” when it is 1) located in a mobilehome park on a site for which no rent has been paid for the prior 60 days, 2) unoccupied, and 3) believed to be abandoned by reasonable standards. A mobilehome can be deemed abandoned if it meets the above criteria and is also uninhabitable due to total or partial destruction that cannot be fixed.
Establishes procedures for mobilehomes that have been determined to be abandoned and allows mobilehome park management (referred to hereafter as “management”) to sell the home and its contents following a court-supervised process. This procedure includes posting and mailing a notice of belief of abandonment, filing a court petition and receiving a judicial declaration of abandonment at a court hearing, taking an inventory of the contents of the mobilehome, and posting and mailing notice of intent to sell the abandoned mobilehome and its contents.
The management may not make money above the total amount due to them, as determined by the court at the time of hearing on the petition, from the public sale of the home and its contents by this process. The unclaimed amount above what management is entitled to must be paid to the county treasurer within 30 days, at which point it may be reclaimed by the former homeowner for up to one year.
Requires management to provide the purchaser with a copy of the judgment of abandonment and evidence of the sale. The Department of Housing and Community Development (HCD) or the Department of Motor Vehicles (DMV) are required to register title to the purchaser after receipt of this paperwork. The title is required to be passed to the purchaser free of any prior interest, including any security interest or lien, excepting a lien of state due to nonpayment of fees and penalties.
Requires management to have a warehouse lien against a mobilehome owner for the costs of dismantling and moving, if appropriate, as well as storage, if the homeowner does not respond to a notice of termination of tenancy within 60 days. A warehouse lien is superior to all other liens, except a lien of state.
This bill:
Defines “dispose” or “disposal” as the removal and destruction of an abandoned mobilehome from a mobilehome park, thus making it unusable for any purpose.
Adds the requirement that a mobilehome cannot be permanently affixed to the ground to be considered abandoned.
Establishes procedural regulations to obtain a judicial declaration of abandonment for purposes of disposal. The management is required to:
Declare in the court petition that they will dispose of the abandoned mobilehome, and therefore will not seek a tax clearance certificate.
Declare whether they intend to sell the contents of the abandoned mobilehome before its disposal.
Send the county tax collector and HCD a copy of the court petition as notification that they plan to dispose of the abandoned mobilehome.
Authorizes management to dispose of an abandoned mobilehome following the judgment of abandonment, but not less than 10 days following the notice of disposal (below).
Establishes procedural regulations for the disposal of an abandoned mobilehome by management. The management is required to:
Enter the abandoned mobilehome and complete an inventory of the contents and submit the inventory to the courts within 10 days following a judgment of abandonment.
Post and mail a notice of intent to dispose of the abandoned mobilehome and its contents, announcing the date of disposal, to the homeowner, any known registered owner, any known holder of security interest, the county tax collector, and HCD.
Submit to the court, county tax collector, and HCD, within 30 days of the date of disposal of an abandoned mobilehome and its contents, a statement that the abandoned mobilehome and its contents were disposed of, with supporting documentation.
Submit to the court, county tax collector, and HCD, within 30 days of the date of disposal or the date of the sale of its contents, a statement that the abandoned mobilehome was disposed of with supporting documentation and an accounting of the moneys received from the sale and disposition of the money and the items contained in the inventory.
Relieves management from the obligation of obtaining a tax clearance certificate to dispose of an abandoned mobilehome and dispose of its contents, following these procedures. However, if contents are sold, management will be subject to the tax clearance certificate requirements.
Authorizes any person having a right to possession of the abandoned mobilehome to recover and remove it from the premises, at any time prior to the disposal, upon payment to the management of all rent or other charges due, including reasonable costs of storage and other costs awarded by the court. Following receipt of payment and removal of the mobilehome, management is required to immediately file an acknowledgement of satisfaction of judgment.
Relieves management from the obligation of obtaining a tax clearance certificate after enforcing the warehouse lien and obtaining approval from HCD to designate the mobilehome for salvage, provided management notifies the county tax collector and HCD and applies to have the mobilehome designated for salvage.
Comments
Purpose of the bill. According to the author and sponsor, each year manufactured homes/mobilehomes are abandoned in manufactured housing communities. Under current law, management must proceed with a warehouse lien to dispose of an abandoned property. These homes are often not worth the cost of rehabilitation and must be salvaged (destroyed). However, before an owner may legally complete the warehouse lien, he or she is required to pay any past-due personal property tax owed on the property to the county tax collector. Frequently, the taxes owed can exceed the value of the home. The author and sponsor believe this is an unfair burden on the mobilehome park owner.
The author and sponsor contend that this bill will benefit landlords, residents, and tax collectors by creating a new method to expeditiously deal with abandoned property, which may ultimately allow for replacement of these abandoned, tax-delinquent homes with newer homes.
Disposal. This bill creates a definition for disposal, namely that to dispose of an abandoned mobilehome means to “remove it from a mobilehome park and destroy it, thus making it unusable for any purpose.” This is an important distinction to make because the procedure authorized by this bill requires management to destroy an abandoned mobilehome upon removal from the park and does not allow management to resell it to others. Sale of a mobilehome is still permissible under separate, existing regulations.
Tax liability. Under existing law, owners of mobilehome parks must follow a specified court-supervised abandonment proceeding to dispose of a mobilehome when the homeowner has not only stopped paying rent on the site, but apparently abandoned the mobilehome itself, leaving it unoccupied and in a condition rendering it uninhabitable and unattractive for resale. In many cases, the property is burdened with unpaid property taxes owed by the homeowner — taxes which create an obstacle to disposal and removal of the home by management. This is because current law requires the unpaid taxes to be paid off before title to the mobilehome can be transferred to the park management, even for the purpose of disposal. This bill would allow management to dispose of an abandoned mobilehome without first being required to pay the unpaid property taxes on the home.
This bill should not result in any tax abatement because under existing law, the registered owner of the home ultimately remains responsible for unpaid taxes after those taxes are transferred from the secured roll to the unsecured roll for tax collection.
This bill does not change procedures for the sale of abandoned mobilehomes. Current law dictating priority for the proceeds of the sale still applies when the park owner elects to sell an abandoned mobilehome, thus ensuring that proceeds will go towards paying off tax liens or other obligations on the home.
This bill clarifies that management is only relieved of its obligation to obtain a tax clearance certificate if the mobilehome alone or the mobilehome and its contents are disposed. If the contents are sold, management is still required to obtain a tax clearance certificate. Any proceeds from the sale of contents must go towards paying past due taxes, as is required in current law for the sale of an abandoned mobilehome.
Due process for disposing of an abandoned mobilehome. This bill establishes due process procedures for disposal of abandoned mobilehomes and their contents — provisions that largely track those currently governing the sale of abandoned mobilehomes. As a prerequisite, the management must first post a notice of belief of abandonment on the mobilehome for a minimum of 30 days and mail copies of the notice to the homeowner and any known lienholders. To further protect due process for the homeowner who may wish to contest abandonment, existing law requires the management to file a petition for judicial declaration of abandonment and serve it upon the homeowner, as well as any known lienholders on the home. Because the bill seeks to relieve park management from clearing unpaid taxes on the home, the bill requires management to declare its intent in the petition to not seek a tax clearance certificate, and then requires notification to the county tax collector and HCD by mailing a first-class a copy of the petition. If, at the hearing on the petition, the petitioner shows sufficient evidence that the criteria for abandonment are satisfied and no party establishes a right to possession or security interest in the mobilehome, then the court shall enter a judgment of abandonment.
Warehouse lien. A warehouse lien is a procedure that management may use to gain ownership of a home for termination of tenancy. Under existing law, HCD approval of this process requires a free and clear title. This bill allows management to enforce a warehouse lien without obtaining a tax clearance certificate to designate the mobilehome for salvage. While separate from the court-monitored judicial declaration of abandonment process, the warehouse lien process provides the registered owner with a notice of termination and allows 60 days for a response.
FISCAL EFFECT: Appropriation: Yes Fiscal Com.: Yes Local: Yes
According to the Senate Appropriations Committee, this bill will incur:
Minor costs to HCD to process notices of mobilehome disposal and other specified information, offset by fee revenues. (Mobilehome Revolving Fund)
Minor annual losses of delinquent mobilehome property tax revenues, likely in the low tens of thousands annually, by relieving management from paying back taxes and fees prior to taking possession of a mobilehome for disposal. Property tax revenues that would otherwise have accrued to schools must be backfilled by the General Fund, pursuant to Proposition 98 minimum funding guarantees.
Minor annual fee revenue gains, likely in the low tens of thousands annually, related to the new fee of up to $45 that must be paid to HCD with a notice of disposal. (Mobilehome Revolving Fund)
Non-reimbursable mandate costs related to the creation of a new crime of perjury. The bill requires specified information for completing the disposal process to be submitted to HCD under penalty of perjury.
Western Manufactured Housing Communities Association (source)
California Mobilehome Parkowners Alliance
OPPOSITION: (Verified 8/19/15)
None received
ASSEMBLY FLOOR: 74-0, 5/22/15
AYES: Achadjian, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Alejo, Jones, O'Donnell, Olsen, Waldron, Weber
Prepared by: Christine Hochmuth / T. & H. / (916) 651-4121
8/19/15 21:04:23
**** END ****
AB 999 (Daly) Page 3 of 3
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 999 (Daly) - Mobilehomes: disposal
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Version: July 15, 2015 |
Policy Vote: T. & H. 8 - 0, JUD. 6 - 0 |
Urgency: No |
Mandate: Yes |
Hearing Date: August 17, 2015 |
Consultant: Mark McKenzie |
This bill does not meet the criteria for referral to the Suspense File.
Bill Summary:
AB 999 would modify the due process requirements for mobilehome park owners (park management) seeking to dispose of abandoned mobilehomes and those obtained by management through enforcement of a warehouse lien. Under these revised procedures, park management would not be required to pay outstanding taxes and any unpaid vehicle license fees before disposing of the mobilehome.
Fiscal Impact:
Minor costs to the Department of Housing and Community Development (HCD) to process notices of mobilehome disposal and other specified information, offset by fee revenues. (Mobilehome Revolving Fund)
Minor annual losses of delinquent mobilehome property tax revenues, likely in the low tens of thousands annually, by relieving management from paying back taxes and fees prior to taking possession of a mobilehome for disposal. Property tax revenues that would otherwise have accrued to schools must be backfilled by the General Fund, pursuant to Proposition 98 minimum funding guarantees.
Minor annual fee revenue gains, likely in the low tens of thousands annually, related to the new fee of up to $45 that must be paid to HCD with a notice of disposal. (Mobilehome Revolving Fund)
Non-reimbursable mandate costs related to the creation of a new crime of perjury. The bill requires specified information for completing the disposal process to be submitted to HCD under penalty of perjury.
Background:
Existing law, the Mobilehome Residency Law (MRL), governs the relationship between mobilehome park owners or managers and the residents of the more than 4,500 mobilehome parks in California. In most of these parks, residents own their home but lease the land on which their home is installed. Whenever transfer of ownership of a mobilehome takes place, the seller must obtain a tax clearance certificate that indicates all property taxes and fees are up to date, and file specified information with HCD, who maintains property ownership records for mobilehomes.
The MRL contains two sets of procedures that authorize the management of mobilehome parks to remove mobilehomes under specified circumstances. The first set involves mobilehomes occupied by residents who have had their tenancies terminated, such as for the non-payment of rent. Under this set of procedures, if the mobilehome of the evicted tenant is not timely removed or otherwise disposed of, the management of the park can secure a warehouse lien against the mobilehome for unpaid obligations and sell the mobilehome and its contents to satisfy the lien. The second set of procedures involves disposing of “abandoned” mobilehomes. When a resident abandons their mobilehome, the MRL authorizes park management to petition for a judicial declaration of abandonment, which permits management to sell the home and its contents, and offset its bid on the home by the amount owed by the former resident.
Proposed Law:
AB 999 would specify procedures for management of a mobilehome park to dispose of an abandoned mobilehome or a mobilehome acquired after the enforcement of a warehouse lien, and would relieve management from the obligation to pay past or current taxes or vehicle license fees prior to disposal. “Dispose” or “disposal” is defined as the removal and destruction of an abandoned mobilehome from a mobilehome park, thus making it unusable for any purpose and ineligible for use in the future as a mobilehome.
For a mobilehome acquired by park management after enforcing a warehouse lien, this bill would require park management to do the following:
Notify the county tax collector of the intent to apply to have the mobilehome designated for disposal after a warehouse lien sale, as specified.
File a notice of disposal with HCD within 10 days of the lien sale date, and obtain specified information required by applicable laws.
Submit the following information required for completing the disposal process to HCD under penalty of perjury within 30 days of the disposal date: (1) photographs demonstrating that the mobilehome was uninhabitable, as specified; (2) a statement of facts of the condition of the home when moved, the date it was moved, and the anticipated site of dismantling or disposal; and (3) the name, address, and license number of the person or entity removing the mobilehome from the park.
This bill would specify that an abandoned mobilehome is one that is not permanently affixed to the land, in addition to existing requirements. In order to dispose of an abandoned mobilehome, park management must do the following:
Declare in a petition for judicial determination of abandonment that management will dispose of the mobilehome and not seek a tax clearance certificate, as specified.
Declare in the petition whether the management intends to sell the contents of the abandoned mobilehome prior to disposal.
Send a copy of the petition to the county tax collector as notification of the intent to apply to have the mobilehome designated for disposal.
Declare in the petition that management intends to file a notice of disposal with HCD and complete the disposal process, as specified.
Complete an inventory of the contents of the abandoned mobilehome within 10 days of a judgment of abandonment, and submit the inventory to the court.
Post and mail a notice of intent to dispose of the mobilehome and its contents, as specified, and send a notice to the county tax collector.
File a notice of disposal with HCD and notify the county tax collector of the intent to apply to have the mobilehome designated for disposal.
If a person with a right to possess the abandoned mobilehome recovers and removes it from the park upon payment of all rent and charges prior to the disposal of the mobilehome, management must file acknowledgment of satisfaction of judgment and cancel the notice of disposal with HCD.
Following the judgment of abandonment, and no sooner than 10 days after submitting the notice of disposal with HCD, management may dispose of the home.
Submit the specified information required for completing the disposal process to HCD under penalty of perjury within 30 days of the disposal date.
Submit the following to the court and county tax collector within 30 days of the disposal date: a statement that the abandoned mobilehome and its contents were disposed, with supporting documentation; and an accounting of the moneys received from the sale and the disposition of the money and items contained in the inventory submitted to the court.
Finally, this bill would require HCD to charge a fee of up to $45 for processing the notice of disposal and any information required for completing the disposal, as specified.
Staff Comments:
This bill relieves park management of the obligation to pay outstanding taxes and vehicle license fees when disposing of a mobilehome due to the premise that the home is no longer habitable and has little to no resale value. HCD indicates that approximately $20,000 to $30,000 in delinquent property taxes are collected each year when applications for salvaging abandoned mobilehomes are filed. This bill would relieve the obligation of park management to pay all back taxes on an abandoned mobilehome prior to disposal, but the obligation to pay those taxes would remain as a collectible obligation of the delinquent taxpayer, which could be enforced by the county tax collector by garnishing wages or income tax refunds.
HCD indicates that any costs to process disposal notices and related information would be minor, and notes the bill would likely result in improved record-keeping for mobilehome ownership and titling documentation. AB 999 requires HCD to charge a fee of up to $45 fee for processing a notice of disposal and any information regarding the disposal process. In 2014, 932 applications for mobilehome salvage were filed. If the maximum fee were collected for each of these disposal applications, the bill would generate approximately $42,000 in new fee revenues for deposit into the Mobilehome Revolving Fund.
-- END --
AB 999 (Daly)
Page 14 of 14
Senator Hannah-Beth Jackson, Chair
2015-2016 Regular Session
AB 999 (Daly)
Version: June 24, 2015
Hearing Date: July 7, 2015
Fiscal: Yes
Urgency: No
TH
SUBJECT
Mobilehomes: Disposal
DESCRIPTION
This bill would amend the Mobilehome Residency Law to, among other things, authorize the management of a mobilehome park to enforce a warehouse lien and to designate a mobilehome for disposal without requiring the management or other person enforcing the lien to pay past or current vehicle license fees or to obtain a tax clearance certificate. This bill would also authorize the management of a mobilehome park to dispose of an abandoned mobilehome and its contents without requiring the management to pay past or current vehicle license fees or to obtain a tax clearance certificate. This bill would require the management of a mobilehome park to notify the county tax collector in the county in which the mobilehome park is located that management will either apply to have the mobilehome designated for disposal after a warehouse lien sale or dispose of an abandoned mobilehome and its contents.
BACKGROUND
Enacted in 1978, the Mobilehome Residency Law (MRL) governs the relationship between mobilehome park owners or managers and the residents of the more than 4,500 mobilehome parks and manufactured housing communities in California. In most of these parks, residents own their home but lease the land on which their home is installed. Although they have historically been called “mobilehomes,” it is often very difficult to actually move a mobilehome once it has been installed in a mobilehome park.
Just as with other types of residential communities, mobilehome parks experience blight when owners and residents abandon their mobilehomes, especially when the abandoned homes are in a state of disrepair. The MRL contains two sets of procedures that authorize the management of mobilehome parks to remove mobilehomes under specified circumstances. The first set involves mobilehomes occupied by residents who have had their tenancies terminated, such as for the non-payment of rent. Under this set of procedures, if the mobilehome of the evicted tenant is not timely removed or otherwise disposed of, the management of the park can secure a warehouse lien against the mobilehome for unpaid obligations and proceed to sell the mobilehome and its contents to satisfy the lien. The second set of procedures involves disposing of “abandoned” mobilehomes. When a resident abandons their mobilehome, the MRL authorizes park management to petition for a judicial declaration of abandonment, which, if granted, permits the management to sell the home and its contents, and offset its bid on the home by the amount owed by the former resident.
This bill would modify both sets of procedures for removing mobilehomes from a mobilehome park. Under the first set involving removal of mobilehomes occupied by evicted tenants, this bill would specify that the management may “dispose” of a home instead of sell it when the mobilehome at issue is no longer habitable. Since it has no resale value, this bill would provide that the disposal and destruction of an uninhabitable mobilehome would relieve the management of an obligation to pay outstanding taxes and vehicle license fees when enforcing a warehouse lien and obtaining title to remove the home. Under the second set of procedures involving disposition of abandoned mobilehomes, this bill would similarly authorize park management to dispose of a home instead of sell it when it is no longer habitable. The management would be relieved of the obligation to pay outstanding taxes and vehicle license fees when disposing of the abandoned mobilehome pursuant to a judicial declaration of abandonment, provided certain conditions are satisfied.
This bill was heard by the Senate Transportation and Housing Committee on June 23, 2015, and passed out on a vote of 8-0.
CHANGES TO EXISTING LAW
Existing law, the Mobilehome Residency Law, governs the relationship between park owners or managers and the residents and homeowners in mobilehome parks and manufactured housing communities. (Civ. Code Sec. 798 et seq.)
Existing law authorizes park managers to terminate the tenancy of a homeowner or resident of a mobilehome park under specified circumstances, including the nonpayment of rent and utility charges. (Civ. Code Sec. 798.56.)
Existing law requires, within 60 days after receipt of a notice of termination of tenancy, the legal owner of a mobilehome, and each junior lienholder, if any, to notify the management in writing of:
its offer to sell the obligation secured by the mobilehome to the management for the amount specified in its written offer;
its intent to foreclose on its security interest in the mobilehome; or
its request that the management pursue the termination of tenancy against the homeowner. (Civ. Code Sec. 798.56a(a).)
Existing law provides that if neither the legal owner nor a junior lienholder notifies the management of its decision pursuant to the above provision within the period allowed, or performs as agreed within 30 days, or if a registered owner of a mobilehome that is not encumbered by a lien held by a legal owner or a junior lienholder fails to comply with a notice of termination and is either legally evicted or vacates the premises, the management may either remove the mobilehome from the premises and place it in storage or store it on its site. (Civ. Code Sec. 798.56a(e).)
Existing law grants the management, when a mobilehome is removed from the premises and placed in storage or stored on its site, a warehouse lien against the mobilehome for the costs of dismantling and moving, if appropriate, as well as storage, that is superior to all other liens, except a lien in favor of the State of California for the nonpayment of registration fees, renewal fees, license fees, and other fees and penalties that are due on a mobilehome, manufactured home, commercial coach, truck camper, or floating home. (Civ. Code Sec. 798.56a(e); Health & Saf. Code Sec. 18116.1.)
Existing law states that the management may enforce a warehouse lien either after the date of judgment in an unlawful detainer action or after the date the mobilehome is physically vacated by the resident, whichever occurs earlier. Existing law specifies that upon completion of a sale to enforce the warehouse lien, the management shall provide the purchaser with evidence of the sale, as specified by the Department of Housing and Community Development, that shall be used to register title to the mobilehome to the purchaser, whether or not there existed a legal owner or junior lienholder on this title to the mobilehome. (Civ. Code Sec. 798.56a(e).)
Existing law directs the county tax collector to issue a tax clearance certificate or a conditional tax clearance certificate when the 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. Existing law specifies that a tax clearance certificate shall be used to permit registration of used manufactured homes. (Rev. & Tax. Code Sec. 5832.)
This bill would require, in order to dispose of a mobilehome after a warehouse lien sale, the management to file a notice of disposal with the Department of Housing and Community Development no less than 10 days after the date of sale to enforce the lien against the mobilehome, and thereafter would authorize the management to dispose of the mobilehome, as specified.
This bill would state that if the management of a mobilehome park acquires a mobilehome after enforcing the warehouse lien and files a notice of disposal, the management or any other person enforcing the warehouse lien shall not be required to pay past or current vehicle license fees or obtain a tax clearance certificate, provided that management notifies the county tax collector in the county in which the mobilehome is located of management’s intent to apply to have the mobilehome designated for disposal after a warehouse lien sale.
This bill would require the management to submit to the Department of Housing and Community Development the following information to complete the disposal process within 30 days of the date of the disposal of the mobilehome:
photographs identifying and demonstrating that the mobilehome was uninhabitable by the removal or destruction of all appliances and fixtures such as ovens, stoves, bathroom fixtures, and heating or cooling appliances prior to its being moved;
a statement of facts as to the condition of the mobilehome when moved, the date it was moved, and the anticipated site of further dismantling or disposal; and
the name, address, and license number of the person or entity removing the mobilehome from the mobilehome park.
This bill would define “dispose” or “disposal” to mean the removal and destruction of an abandoned mobilehome from a mobilehome park, thus making it unusable for any purpose and not subject to, or eligible for, use in the future as a mobilehome.
Existing law specifies a process for the disposition of an abandoned mobilehome, which is a mobilehome that:
is located in a mobilehome park on a site for which no rent has been paid to the management for the preceding 60 days;
is unoccupied; and
is one that a reasonable person would believe to be abandoned. (Civ. Code Sec. 798.61(a).)
Existing law provides that after determining a mobilehome in a mobilehome park is abandoned, the management shall post a notice of belief of abandonment on the mobilehome for not less than 30 days, and shall mail copies of the notice to the homeowner at the last known address and to any known registered owner, if different from the homeowner, and to any known holder of a security interest in the abandoned mobilehome. (Civ. Code Sec. 798.61(b).)
Existing law states that thirty or more days following posting of the notice, the management may file a petition in the superior court for a judicial declaration of abandonment of the mobilehome. Existing law requires copies of the petition to be served upon the homeowner, any known registered owner, and any known person having a lien or security interest of record in the mobilehome by posting a copy on the mobilehome and mailing copies to those persons at their last known addresses. (Civ. Code Sec. 798.61(c).)
Existing law specifies that if, at the hearing, the petitioner shows by a preponderance of the evidence that the criteria for abandonment have been satisfied and no party establishes an interest in the mobilehome, the court shall enter a judgment of abandonment, determine the amount of charges to which the petitioner is entitled, and award attorney’s fees and costs to the petitioner. Existing law specifies that a default may be entered by the court clerk upon request of the petitioner, and a default judgment shall be thereupon entered if no responsive pleading is filed within 15 days after service of the petition. (Civ. Code Sec. 798.61(d).)
Existing law provides that within 10 days following a judgment of abandonment, the management shall enter the abandoned mobilehome and complete an inventory of the contents and submit the inventory to the court, and during this period the management shall post on the mobilehome and mail notice of intent to sell the abandoned mobilehome and its contents to the homeowner, any known registered owner, and any known person having a lien or security interest of record in the mobilehome. At any time prior to the sale of a mobilehome, any person having a right to possession of the mobilehome may recover and remove it from the premises upon payment of all rent or other charges due, including reasonable costs of storage and other costs awarded by the court. (Civ. Code Sec. 798.61(e).)
Existing law states that not less than 10 days following the notice of sale, the management may conduct a public sale of the abandoned mobilehome and its contents. The management may bid at the sale and shall have the right to offset its bids to the extent of the total amount due it. The proceeds of the sale shall be retained by the management, but any unclaimed amount over and above the amount to which the management is entitled under this section shall be deemed abandoned property and shall be paid into the treasury of the county in which the sale took place within 30 days of the date of the sale. (Civ. Code Sec. 798.61(f).)
Existing law authorizes the former homeowner or any other owner to claim any or all of the unclaimed amount within one year from the date of payment to the county by making application to the county treasurer or other designated official. (Civ. Code Sec. 798.61(f).)
Existing law specifies that within 30 days of the date of the sale, the management shall submit to the court an accounting of the moneys received from the sale and the disposition of the money and the items contained in the inventory submitted to the court. (Civ. Code Sec. 798.61(g).)
Existing law directs the management to provide the purchaser at the sale with a copy of the judgment of abandonment and evidence of the sale, as specified by the Department of Housing and Community Development or the Department of Motor Vehicles, which shall register title in the abandoned mobilehome to the purchaser upon presentation thereof. The sale shall pass title to the purchaser free of any prior interest, including any security interest or lien, except a lien in favor of the State of California for the nonpayment of registration fees, renewal fees, license fees, and other fees and penalties that are due on a mobilehome, manufactured home, commercial coach, truck camper, or floating home. (Civ. Code Sec. 798.61(h).)
This bill, as an alternative to sale, would authorize the management to dispose of an abandoned mobilehome, which is defined as removing the abandoned mobilehome from a mobilehome park and destroying it, thus making it unusable for any purpose and not subject to, or eligible for, use in the future as a mobilehome.
This bill would specify that to dispose of an abandoned mobilehome, the management, in its petition for a judicial declaration of abandonment, shall do all of the following:
declare in the petition that the management will dispose of the abandoned mobilehome, and therefore will not seek a tax clearance certificate;
declare in the petition whether the management intends to sell the contents of the abandoned mobilehome before its disposal;
notify the county tax collector that management will dispose of the abandoned mobilehome by sending a copy of the petition; and
declare in the petition that management intends to file a notice of disposal with the Department of Housing and Community Development and to complete all disposal process requirements.
This bill would require, within 10 days following a judgment of abandonment, the management to enter the abandoned mobilehome and complete an inventory of the contents and submit the inventory to the court, and during this period the management would be required to post on the mobilehome and mail notice of intent to dispose of the mobilehome and its contents to the homeowner, any known registered owner, and any known person having a lien or security interest of record in the mobilehome.
This bill would require the management to file a notice of disposal with the Department of Housing and Community Development, and would specify that the management shall not be required to pay past or current vehicle license fees or obtain a tax clearance certificate, provided that the management notifies the county tax collector in the county in which the mobilehome is located of the management’s intent to apply to have the mobilehome designated for disposal.
This bill would specify that at any time prior to the disposal of an abandoned mobilehome or its contents, any person having a right to possession of the abandoned mobilehome may recover and remove it from the premises upon payment to the management of all rent or other charges due, including reasonable costs of storage and other costs awarded by the court.
This bill would authorize the management to dispose of the abandoned mobilehome, following the judgment of abandonment and approval of the notice of disposal by the Department of Housing and Community Development, provided the management does the following:
submits to the court and the county tax collector in the county in which the mobilehome park is located a statement with supporting documentation indicating that the abandoned mobilehome and its contents were disposed of; and
submits to the Department of Housing and Community Development:
photographs identifying and demonstrating that the mobilehome was uninhabitable by the removal or destruction of all appliances and fixtures such as ovens, stoves, bathroom fixtures, and heating or cooling appliances prior to its being moved;
a statement of facts as to the condition of the mobilehome when moved, the date it was moved, and the anticipated site of further dismantling or disposal; and
the name, address, and license number of the person or entity removing the mobilehome from the mobilehome park.
This bill would require the management to submit to the court and the county tax collector, within 30 days of the date of the disposal of an abandoned mobilehome or the date of the sale of its contents, whichever date is later, an accounting of the moneys received from the sale and the disposition of the money and the items contained in the inventory submitted to the court and a statement that the abandoned mobilehome was disposed with supporting documentation.
This bill would specify that the management shall not be required to obtain a tax clearance certificate to dispose of an abandoned mobilehome and its contents, but that any sale of a mobilehome shall be subject to registration requirements and the tax clearance certificate requirements.
This bill would eliminate the provision requiring the management to submit to the court, within 30 days of the date of the sale, an accounting of the moneys received from the sale and the disposition of the money and the items contained in an abandoned mobilehome.
This bill would make other technical and conforming changes.
COMMENT
Stated need for the bill
The author writes:
Each year manufactured homes and mobilehomes are abandoned in manufactured housing communities that require management to proceed with an “abandonment” or “warehouseman’s lien” to dispose of the property (Civil Code [Sec.] 798.61 or 798.56a). Most often these homes are not worth the cost of rehabilitation and must be salvaged (i.e. destroyed). However, before an owner may legally complete the warehouseman’s lien they must pay any past due personal property tax to the county tax collector, an amount which can exceed the value of the home. It is an unfunded burden to the mobilehome park owner to pay the unpaid property taxes because the previous mobilehome owner (i.e. resident) failed to pay what they owed. Normally tax collectors would place a lien on the property and dispose of it accordingly, but the tax collectors have been reluctant to do so because the mobilehomes are often worth less than what is owed and they don’t want to evict residents.
By amending Civil Code Sections 798.61 and 798.56a, AB 999 would create a new method to expeditiously deal with abandoned property that negatively impacts communities, the landlord and tax collectors. Abandoned homes are unsightly and potentially hazardous, thus depreciating the value of nearby mobilehomes and impacting the health of residents. Landlords cannot rent out the space occupied by an abandoned mobilehome, thus decreasing operational revenue and also precluding the collection of taxes. Replacement of these abandoned tax delinquent homes with newer homes will benefit landlords, residents and tax collectors.
Changes to Mobilehome Removal Procedures
This bill would make changes to the two existing procedures in the Mobilehome Residency Law (MRL) that allow mobilehome park management to remove mobilehomes from a mobilehome park without an owner’s consent. The first procedure involves mobilehomes with tenants who have involuntarily lost their tenancy in a park through such things as the nonpayment of rent. When tenancy is lost, the legal owner and lienholders of the mobilehome have 60 days to arrange for the disposition of the mobilehome with park management. If arrangements are not made and executed within the required timelines, the MRL currently authorizes management to either remove the mobilehome from the premises and place it in storage or store it on site, and grants the management a warehouse lien against the mobilehome for the costs of dismantling, moving, and storing the home that is superior to all other liens except those in favor of the State of California for the nonpayment of mobilehome taxes and registration fees.
Existing law allows park management to enforce its warehouse lien by selling the mobilehome, which extinguishes all other liens except for specified ones held by the State, and grants the purchaser title to the home. This bill would, at the conclusion of the sale, authorize management to dispose of a mobilehome acquired after enforcing the warehouse lien without having to pay past or current vehicle license fees or obtain a tax clearance certificate when the home is uninhabitable, and consequently without significant resale value. This new disposal process would require management to file a notice of disposal with the Department of Housing and Community Development (Department) no less than 10 days after the date of sale to enforce the lien against the mobilehome, would require management to notify the county tax collector of its intent to have the mobilehome designated for disposal, and would require management to file specific evidence with the Department proving the mobilehome was destroyed within 30 days of the date indicated for disposal.
This bill would also amend the process by which abandoned mobilehomes are disposed of under the MRL. Under existing law, after park management determines that a mobilehome is abandoned, the management must post a notice on the home for 30 days and mail copies to the homeowner at the last known address, to any other registered owners, and to known holders of security interests in the abandoned mobilehome. After 30 days, the management may file a petition in the superior court for a judicial declaration of abandonment of the mobilehome. If, at the hearing on the petition, the petitioner shows by a preponderance of the evidence that the criteria for abandonment have been satisfied and no party establishes an interest in the mobilehome, the court enters a judgment of abandonment, determines the amount of charges to which the petitioner is entitled, and authorizes the petitioner to sell the abandoned mobilehome and its contents. Park management may thereafter enter the abandoned mobilehome and sell both it and its contents within approximately 20 days by following specific notice procedures in the MRL, and recover allowable charges such as unpaid rent and utility charges. The MRL grants title of the abandoned mobilehome to the purchaser free of any prior interest, including any security interest or lien, except specified liens in favor of the State of California for such things as the nonpayment of taxes and registration fees.
As an alternative to sale, this bill would authorize park management to receive title and dispose of an abandoned mobilehome by stating in its petition for a judicial declaration of abandonment that it will dispose of the abandoned mobilehome, will not seek a tax clearance certificate, will notify the county tax collector of the intent to dispose of the abandoned mobilehome, and will file a notice of disposal with the Department of Housing and Community Development (Department) and completing all disposal process requirements. Within 10 days following a judgment of abandonment, this bill would require the management to enter the abandoned mobilehome, complete an inventory of the contents, and submit the inventory to the court. Park management would also be required to post on the mobilehome and mail a notice of intent to dispose of the mobilehome and its contents to the homeowner, to any known registered owner, and to any known person having a lien or security interest in the mobilehome. Thereafter, this bill would require management to file a notice of disposal with the Department, and after completing the disposal process, would require management to submit specific evidence to the court and to the county tax collector indicating that the abandoned mobilehome and its contents were disposed of. By declaring its intent to complete this disposal process, and by providing appropriate documentation to the court, the Department, and the county tax collector upon completion of the process, this bill would provide that the management shall not be required to pay past or current vehicle license fees or obtain a tax clearance certificate when it takes title of the abandoned mobilehome and disposes of it.
The changes to the two removal processes proposed in this bill would, in essence, allow park management to obtain title to abandoned or uninhabitable mobilehomes for the purpose of removing and disposing of them without having to satisfy liens related to unpaid taxes and registration fees, as would be required if the mobilehome were sold and re-registered in the name of a third party.
Due Process Protections
As discussed in Comment 2, the Mobilehome Residency Law (MRL) authorizes mobilehome park management to remove mobilehomes from a mobilehome park without an owner’s consent under specific circumstances. To ensure that tenants, owners, and lienholders have a meaningful opportunity to participate in and contest the removal and sale of a mobilehome, existing law includes several due process and procedural safeguards. For mobilehomes with tenants who have involuntarily lost their tenancy and a warehouse lien has attached, Commercial Code Section 7210 requires the several procedures to be observed before an execution sale may occur. First, all persons with an interest in the mobilehome must receive notice of the amount due, a demand for payment within a specified time not less than 10 days after receipt of the notification, and notice of the nature of the proposed execution sale and the time and place of the sale. After the expiration of the time given in the notification, an advertisement of the sale must be published once a week for two weeks consecutively in a newspaper of general circulation where the sale is to be held, and the sale must take place at least 15 days after the first publication. Importantly, before the sale can take place, any person claiming a right in the mobilehome must be given an opportunity to pay the amount necessary to satisfy the lien. In sum, these procedures ensure parties with an interest in the mobilehome receive notice of any proposed execution sale and an opportunity to redeem the property before the sale occurs.
For abandoned mobilehomes, the MRL requires park management to post a notice of belief of abandonment on the mobilehome itself for at least 30 days, and mail copies of the notice to the homeowner at the last known address, to any known registered owner, and to any known holder of a security interest in the abandoned mobilehome. Thirty or more days after the posting and mailing of those notices, the MRL authorizes park management to file a petition in the superior court for a judicial declaration of abandonment of the mobilehome, and requires management to again post a copy on the mobilehome and mail a copy of the petition to the same parties listed above. The court then holds a hearing on the petition, and if the petitioner shows by a preponderance of the evidence that the criteria for abandonment have been satisfied and no other party establishes an interest in the mobilehome, the court enters a judgment of abandonment. Of course, any party with an interest in the mobilehome may appear before the judge and rebut management’s claim that the home is abandoned. Provided judgment of abandonment is granted and park management elects to sell the mobilehome and its contents, management must again post on the mobilehome and mail notice of its intent to sell the abandoned mobilehome to the parties listed above, as well as provide anyone who can establish a right of possession the opportunity to recover and remove the home from the premises upon payment of all rent or other charges due. As with other processes for involuntarily removing a mobilehome under the MRL, this procedure includes multiple opportunities for interested parties to receive notice of a pending action or sale and either contest claims advanced by park management or pay a set amount to redeem the property.
The changes proposed by this bill would not disturb the existing due process protections in the MRL, with one exception. An earlier set of amendments inadvertently removed an oversight provision that allowed a court to supervise the distribution of proceeds from the sale of an abandoned mobilehome to, among other things, ensure that any sale proceeds not offset by other claims are segregated and held for the former homeowner or any other owner. To add that provision of existing law back into the bill, the author offers the following amendment:
Author’s Amendment:
On page 9, line 32, insert: “(3) Within 30 days of the date of the sale, the management shall submit to the court an accounting of the moneys received from the sale and the disposition of the money and the items contained in the inventory submitted to the court pursuant to subdivision (e).”
Liability for Unpaid Taxes
As noted in Comment 1, the author’s expressed intent for this bill is, in the case of abandoned or uninhabitable mobilehomes, to allow park management to receive title and dispose of a mobilehome without first having to pay any back taxes or unpaid registration fees owed to the State of California. While this bill would relieve park managers of the responsibility of paying such things as back taxes, these outstanding tax obligations would not be extinguished when title is transferred to management. Revenue and Taxation Code Section 2921.5 provides that when uncollected taxes, penalties, and costs due on a mobilehome are transferred from the “secured roll” to the “unsecured roll,” as would likely occur when title transfers to park management under the provisions of this bill, the amounts transferred continue to be subject to delinquent penalties until the amounts are paid and are collectible from the person from whom the property was acquired. Thus, personal liability for unpaid mobilehome property taxes would likely remain even after title to a mobilehome transfers to park management under the provisions of this bill.
Support: California Mobilehome Parkowners Alliance
Opposition: None Known
HISTORY
Source: Western Manufactured Housing Communities Association
Related Pending Legislation:
SB 244 (Vidak, 2015) would eliminate a January 1, 2016, sunset on an existing authorization that permits the management of a mobilehome park to file a petition for an order to enjoin violations of a reasonable rule or regulation of the mobilehome park within the limited jurisdiction of the superior court. This bill is pending in the Assembly Housing and Community Development Committee.
SB 419 (McGuire, 2015) would authorize the seller of a mobilehome to display a “for sale” sign of a generally accepted yard-arm type design and would require the management of a mobilehome park, upon request, to provide in writing the information and standards management will use to review a prospective homeowner to prospective homeowners or the seller. This bill is pending in the Assembly Housing and Community Development Committee.
AB 587 (Chau, 2015), among other things, would require the Department of Housing and Community Development to waive outstanding charges and release outstanding liens 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. This bill would also require a county tax collector to issue a tax liability certificate to a person who is not currently the registered owner of a manufactured home or mobilehome with a conditional transfer of title when that person applies for the certificate prior to January 1, 2019, and would provide that such a person shall only pay that portion of the taxes reasonably owed from the date of sale of the manufactured home or mobilehome. This bill is pending in the Senate Transportation and Housing Committee.
Prior Legislation:
SB 69 (Kelley, Ch. 446, Stats. 1995) authorized an owner of a mobilehome park who obtains a final money judgment for unpaid rent against the registered owner of a manufactured home or mobilehome registered with the Department of Housing and Community Development to perfect a lien against that manufactured home or mobilehome in accordance with specified provisions. This bill specified that such a lien would not be a security interest and that it was not subject to execution. This bill specified that an owner of a mobilehome park filing a lien created pursuant to the bill would be treated as a junior lienholder for purposes of the sale of a repossessed or surrendered manufactured home or mobilehome.
AB 743 (Nolan, Ch. 564, Stats. 1991) revised the procedures required to be followed by the management of a mobilehome park in obtaining a court order declaring the abandonment of a mobilehome. This bill also revised the definition of an “abandoned mobilehome” to mean a mobilehome located in a mobilehome park on a site for which no rent has been paid to the management for the preceding 60 days, which is unoccupied, and which a reasonable person would believe to be abandoned.
Prior Vote:
Senate Transportation and Housing Committee (Ayes 8, Noes 0)
Assembly Floor (Ayes 74, Noes 0)
Assembly Appropriations Committee (Ayes 17, Noes 0)
Assembly Housing and Community Development Committee (Ayes 6, Noes 0)
Assembly Judiciary Committee (Ayes 10, Noes 0)
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AB 999 (Daly) Page 6 of 6
SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2015 - 2016 Regular
Bill No: AB 999 Hearing Date: 6/23/2015
Author: |
Daly |
||
Version: |
6/15/2015 |
||
Urgency: |
No |
Fiscal: |
Yes |
Consultant: |
Christine Hochmuth |
||
SUBJECT: Mobilehomes: salvage and disposal.
DIGEST: This bill allows mobilehome park owners to dispose of abandoned mobilehomes without being required to pay a homeowner’s unpaid property taxes, either through a specified due process proceeding or through enforcement of a warehouse lien.
ANALYSIS:
Existing law:
Defines a mobilehome as “abandoned” when it is 1) located in a mobilehome park on a site for which no rent has been paid for the prior 60 days, 2) unoccupied, and 3) believed to be abandoned by reasonable standards. A mobilehome can be deemed abandoned if it meets the above criteria and is also uninhabitable due to total or partial destruction that cannot be fixed.
Establishes procedures for mobilehomes that have been determined to be abandoned and allows mobilehome park management (referred to hereafter as “management”) to sell the home and its contents following a court-supervised process. This procedure includes posting and mailing a notice of belief of abandonment, filing a court petition and receiving a judicial declaration of abandonment at a court hearing, taking an inventory of the contents of the mobilehome, and posting and mailing notice of intent to sell the abandoned mobilehome and its contents.
The management may not make money above the total amount due to them, as determined by the court at the time of hearing on the petition, from the public sale of the home and its contents by this process. The unclaimed amount above what management is entitled to must be paid to the county treasurer within 30 days, at which point it may be reclaimed by the former homeowner for up to one year.
Requires management to provide the purchaser with a copy of the judgment of abandonment and evidence of the sale. The Department of Housing and Community Development (HCD) or the Department of Motor Vehicles (DMV) are required to register title to the purchaser after receipt of this paperwork. The title is required to be passed to the purchaser free of any prior interest, including any security interest or lien, excepting a lien of state due to nonpayment of fees and penalties.
Requires management to have a warehouse lien against a mobilehome for the costs of dismantling and moving, if appropriate, as well as storage, if the homeowner does not respond to a notice of termination of tenancy within 60 days. A warehouse lien is superior to all other liens, except a lien of state.
This bill:
Defines “dispose” or “disposal” as the removal and destruction of an abandoned mobilehome from a mobilehome park, thus making it unusable for any purpose.
Adds the requirement that a mobilehome cannot be permanently affixed to the ground to be considered abandoned.
Establishes procedural regulations to obtain a judicial declaration of abandonment for purposes of disposal. The management is required to:
Declare in the court petition that they will dispose of the abandoned mobilehome, and therefore will not seek a tax clearance certificate.
Declare whether they intend to sell the contents of the abandoned mobilehome before its disposal.
Send the county tax collector and HCD a copy of the court petition as notification that they plan to dispose of the abandoned mobilehome.
Authorizes management to dispose of an abandoned mobilehome following the judgment of abandonment, but not less than 10 days following the notice of disposal (below).
Establishes procedural regulations for the disposal of an abandoned mobilehome by management. The management is required to:
Enter the abandoned mobilehome and complete an inventory of the contents and submit the inventory to the courts within 10 days following a judgment of abandonment.
Post and mail a notice of intent to dispose of the abandoned mobilehome and its contents, announcing the date of disposal, to the homeowner, any known registered owner, any known holder of security interest, the county tax collector, and HCD.
Submit to the court, county tax collector, and HCD, within 30 days of the date of disposal of an abandoned mobilehome and its contents, a statement that the abandoned mobilehome and its contents were disposed with supporting documentation.
Submit to the court, county tax collector, and HCD, within 30 days of the date of disposal or the date of the sale of its contents, a statement that the abandoned mobilehome was disposed with supporting documentation and an accounting of the moneys received from the sale and disposition of the money and the items contained in the inventory.
Relieves management from the obligation of obtaining a tax clearance certificate to dispose of an abandoned mobilehome and dispose of its contents, following these procedures. However, if contents are sold, management will be subject to the tax clearance certificate requirements.
Authorizes any person having a right to possession of the abandoned mobilehome to recover and remove it from the premises, at any time prior to the disposal, upon payment to the management of all rent or other charges due, including reasonable costs of storage and other costs awarded by the court. Following receipt of payment and removal of the mobilehome, management is required to immediately file an acknowledgement of satisfaction of judgment.
Relieves management from the obligation of obtaining a tax clearance certificate after enforcing the warehouse lien and obtaining approval from HCD to designate the mobilehome for salvage, provided management notifies the county tax collector and HCD and applies to have the mobilehome designated for salvage.
COMMENTS:
Purpose of the bill. According to the author and sponsor, each year manufactured homes/mobilehomes are abandoned in manufactured housing communities. Under current law, management must proceed with a warehouse lien to dispose of an abandoned property. These homes are often not worth the cost of rehabilitation and must be salvaged (destroyed). However, before an owner may legally complete the warehouse lien, he or she is required to pay any past due personal property tax owed on the property to the county tax collector. Frequently, the taxes owed can exceed the value of the home. The author and sponsor believe this is an unfair burden on the mobilehome park owner.
The author and sponsor contend that this bill will benefit landlords, residents, and tax collectors by creating a new method to expeditiously deal with abandoned property, which may ultimately allow for replacement of these abandoned, tax-delinquent homes with newer homes.
Disposal. This bill creates a definition for disposal, namely that to dispose of an abandoned mobilehome means to “remove it from a mobilehome park and destroy it, thus making it unusable for any purpose.” This is an important distinction to make because the procedure authorized by this bill requires management to destroy an abandoned mobilehome upon removal from the park and does not allow management to resell it to others. Sale of a mobilehome is still permissible under separate, existing regulations.
Tax liability. Under existing law, owners of mobilehome parks must follow a specified court-supervised abandonment proceeding to dispose of a mobilehome when the homeowner has not only stopped paying rent on the site, but apparently abandoned the mobilehome itself, leaving it unoccupied and in a condition rendering it uninhabitable and unattractive for resale. In many cases, the property is burdened with unpaid property taxes owed by the homeowner — taxes which create an obstacle to disposal and removal of the home by management. This is because current law requires the unpaid taxes to be paid off before title to the mobilehome can be transferred to the park management, even for the purpose of disposal. This bill would allow management to dispose of an abandoned mobilehome without first being required to pay the unpaid property taxes on the home.
This bill should not result in any tax abatement because under existing law, the registered owner of the home ultimately remains responsible for unpaid taxes after those taxes are transferred from the secured roll to the unsecured roll for tax collection.
This bill does not change procedures for the sale of abandoned mobilehomes. Current law dictating priority for the proceeds of the sale still applies when the park owner elects to sell an abandoned mobilehome, thus ensuring that proceeds will go towards paying off tax liens or other obligations on the home.
This bill clarifies that management is only relieved of its obligation to obtain a tax clearance certificate if the mobilehome alone or the mobilehome and its contents are disposed. If the contents are sold, management is still required to obtain a tax clearance certificate. Any proceeds from the sale of contents must go towards paying past due taxes, as is required in current law for the sale of an abandoned mobilehome.
Due process for disposing of an abandoned mobilehome. This bill establishes due process procedures for disposal of abandoned mobilehomes and their contents — provisions that largely track those currently governing the sale of abandoned mobilehomes. As a prerequisite, the management must first post a notice of belief of abandonment on the mobilehome for a minimum of 30 days and mail copies of the notice to the homeowner and any known lienholders. To further protect due process for the homeowner who may wish to contest abandonment, existing law requires the management to file a petition for judicial declaration of abandonment and serve it upon the homeowner, as well as any known lienholders on the home. Because the bill seeks to relieve park management from clearing unpaid taxes on the home, the bill requires management to declare its intent in the petition to not seek a tax clearance certificate, and then requires notification to the county tax collector and HCD by mailing first-class a copy of the petition. If, at the hearing on the petition, the petitioner shows sufficient evidence that the criteria for abandonment are satisfied and no party establishes a right to possession or security interest in the mobilehome, then the court shall enter a judgment of abandonment.
Warehouse lien. A warehouse lien is a procedure that management may use to gain ownership of a home for termination of tenancy. Under existing law, HCD approval of this process requires a free and clear title. This bill allows management to enforce a warehouse lien without obtaining a tax clearance certificate to designate the mobilehome for salvage. While separate from the court-monitored judicial declaration of abandonment process, the warehouse lien process provides the registered owner with a notice of termination and allows 60 days for a response.
Double-referral. The Rules Committee has referred this bill to both this committee and the Judiciary Committee.
Related/PRIOR Legislation:
AB 587 (Chau) — creates a tax abatement program for mobilehome owners who cannot transfer title into their names due to delinquent taxes and fees that may have been incurred by prior owners. AB 587 is currently pending hearing in the Senate Transportation and Housing Committee.
AB 682 (Williams) — authorizes a person to have specified alterations, conversions, and repairs made to a mobilehome without filing an application with HCD. AB 682 is also being heard in this committee today.
Assembly Votes:
Floor: 74-0
Appr: 17-0
H&CD: 6-0
Jud: 10-0
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
POSITIONS: (Communicated to the committee before noon on Wednesday,
June 17, 2015.)
SUPPORT:
Western Manufactured Housing Communities Association (sponsor)
California Mobilehome Parkowners Alliance
OPPOSITION:
None received
-- END --
AB 999
Page 2
Date of Hearing: May 13, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB 999
(Daly) – As Amended April 20, 2015
Policy Committee: |
Judiciary |
Vote: |
10 - 0 |
|
Housing and Community Development |
|
6 - 0 |
|
|
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill establishes due process requirements for mobilehome park owners (park management) seeking to dispose of an abandoned mobilehome without first being required to pay any unpaid property taxes on the mobilehome, including:
Requiring park management to file a petition for judicial declaration of abandonment and in the petition, declare its intent to not seek a tax clearance certificate, and then notify the county tax collector and the Department of Housing and Community Development (HCD) by mail.
Requiring park management to post and mail a notice of intent to dispose of the abandoned mobilehome and its contents under this section, announcing the date of disposal, in a specified manner, and provide notice of such to the county tax collector and HCD.
Authorizing park management to dispose of the abandoned mobilehome following a judgment of abandonment, but not less than ten days following the above notice of intent to dispose.
Requiring park management, within 30 days of the date of the disposal of an abandoned mobilehome and its contents, to submit to the court, the county tax collector, and HCD a statement that the abandoned mobilehome and its contents were disposed of.
Providing that, notwithstanding any other law, park management shall not be required to obtain a tax clearance certificate to either dispose of an abandoned mobilehome and sell its contents, or dispose of an abandoned mobilehome and its contents.
FISCAL EFFECT:
Negligible fiscal impact.
COMMENTS:
Background. Under existing law, owners of mobilehome parks must follow a specified court-supervised abandonment proceeding to dispose of a mobilehome when the homeowner has not only stopped paying rent on the site, but apparently abandoned the mobilehome itself, leaving it unoccupied and in a condition rendering it uninhabitable and unattractive for resale. In many cases, the property is burdened with unpaid property taxes owed by the homeowner—taxes which create an obstacle to disposal and removal of the home by park management because current law requires the unpaid taxes to be paid off before title to the mobilehome can be transferred to the park management, even for the purpose of disposal.
Purpose. This bill, sponsored by the Western Manufactured Housing Communities Association (WMA), seeks to establish procedures for mobilehome park owners that if satisfied, would allow them to dispose of an abandoned mobilehome without first being required to pay the unpaid property taxes on the home. WMA states, "Manufactured homes and mobilehomes are regularly abandoned in mobilehome communities… With abandoned mobilehomes, frequently the registered owner has failed to pay the required personal property taxes for an extended period of time. Normally when an owner is delinquent, the respective county tax collector would place a lien on the mobilehome and sell it. However, tax collectors are reluctant to pursue this course of action when a mobilehome lacks value, as is the case with many abandoned properties.
"This bill (AB 999) will help expedite the removal of abandoned mobilehomes by allowing a landlord to dispose of the property without the unjust burden of paying the delinquent resident’s taxes. Importantly, AB 999 ensures that the registered owner remains responsible for the personal property taxes, thus avoiding tax abatement."
Analysis Prepared by: Chuck Nicol / APPR. / (916) 319-2081
AB 999
Page 5
Date of Hearing: April 29, 2015
ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT
Ed Chau, Chair
AB 999
(Daly) – As Amended April 20, 2015
SUBJECT: Abandoned mobilehomes: disposal
SUMMARY: Establishes due process requirements for mobilehome park owners (park management) seeking to dispose of an abandoned mobilehome without first being required to pay any unpaid property taxes on the mobilehome. Specifically, in order for park management to dispose of an abandoned mobile home, this bill:
Requires park management to file a petition for judicial declaration of abandonment and in the petition, declare its intent to not seek a tax clearance certificate, and then notify the county tax collector and the Department of Housing and Community Development (HCD) by mailing a copy of the petition by first-class mail.
Requires park management, within ten days following a judgment of abandonment, to enter the mobilehome, make an inventory of the contents, and submit the inventory to the court.
Requires park management to post and mail a notice of intent to dispose of the abandoned mobilehome and its contents under this section, and announcing the date of disposal, in a specified manner. Further requires the management to provide notice to the county tax collector and HCD.
Authorizes park management to dispose of the abandoned mobilehome following a judgment of abandonment, but not less than ten days following the above notice of intent to dispose.
Defines "dispose" to mean the removal and destruction of an abandoned mobilehome from a mobilehome park, thus making it unusable for any purpose.
Authorizes any person having right to possession of the abandoned mobilehome to recover and remove it from the premises at any time prior to disposal upon payment to the management of all rent or other charges due, including reasonable costs of storage and other costs awarded by the court. Requires the management to immediately file an acknowledgment of satisfaction of judgment upon receipt of such payment and removal of the mobilehome.
Requires park management, within 30 days of the date of the disposal of an abandoned mobilehome and its contents, to submit to the court, the county tax collector, and HCD a statement that the abandoned mobilehome and its contents were disposed of, with supporting documentation. Alternatively, if the contents of the mobilehome were sold at a public sale instead of being disposed of along with the mobilehome, then management shall also submit an accounting of the moneys received from the sale and the disposition of the money and the items contained in the inventory.
Provides that, notwithstanding any other law, park management shall not be required to obtain a tax clearance certificate, as set forth in Section 5832 of the Revenue and Taxation Code, to either dispose of an abandoned mobilehome and sell its contents, or dispose of an abandoned mobilehome and its contents.
EXISTING LAW:
Defines "abandoned mobilehome" to mean a mobilehome that is unoccupied, is located in a mobilehome park on a site for which no rent has not been paid to the management for the preceding 60 days, and is in such condition that a reasonable person would believe it to be abandoned.
Establishes a specified procedure for determining the abandonment of a mobilehome, which includes posting a notice of belief of abandonment on the mobilehome for a minimum of 30 days and mailing copies of the notice to the homeowner and any known holder of a security interest in the mobilehome.
Establishes a court-supervised process to petition for a judicial declaration of abandonment, which includes serving the petition upon the homeowner and known lienholders in a manner specified.
Provides for a hearing whereby a court may enter a judgment of abandonment in favor of the petitioner, and allow him or her to recover various costs and charges, plus attorney's fees, against the owner of the mobilehome.
Establishes due process requirements for park management seeking to sell an abandoned mobilehome and/or its contents, including various notice provisions, a public sale requirement, and specifying the division of proceeds from the sale.
Requires management to provide the purchaser of the mobilehome at the public sale with a copy of the judgment of abandonment and evidence of the sale, and requires either HCD or the Department of Motor Vehicles to subsequently register title of the abandoned mobilehome in the name of the purchaser upon presentation thereof. Further provides that the sale shall pass title to the purchaser free of any prior interest, including any security interest or lien, except as specified (Civil Code Section 798.61).
Provides that property taxes due on mobilehomes are entered on the secured roll for collection, but if they go unpaid and become delinquent, shall be transferred from the secured roll to the unsecured roll. Further provides that unpaid property tax amounts transferred to the unsecured roll continue to be subject to delinquent penalties until the amounts are paid, and are collectible from either the person from whom the property was acquired or the public entity that acquired the property (Revenue and Taxation Code Section 2921.5).
FISCAL EFFECT: Unknown.
COMMENTS:
Background: Under existing law, owners of mobilehome parks must follow a specified court-supervised abandonment proceeding to dispose of a mobilehome when the homeowner has not only stopped paying rent on the site, but apparently abandoned the mobilehome itself, leaving it unoccupied and in a condition rendering it uninhabitable and unattractive for resale. In many cases, the property is burdened with unpaid property taxes owed by the homeowner—taxes which create an obstacle to disposal and removal of the home by park management because current law requires the unpaid taxes to be paid off before title to the mobilehome can be transferred to the park management, even for the purpose of disposal.
Need for this bill: This bill, sponsored by the Western Manufactured Housing Communities Association (WMA), seeks to establish procedures for mobilehome park owners that if satisfied, would allow them to dispose of an abandoned mobilehome without first being required to pay the unpaid property taxes on the home. In justifying the need for the bill, the author states:
"Manufactured homes and mobilehomes are regularly abandoned in mobilehome communities. Disposal of an abandoned mobilehome entails the filing of a petition in court by a landlord in order to establish a lien and seize ownership of the property (Civil Codes § 798.56a and 798.61). However, before a landlord can complete the lien, he or she must pay any past due personal property taxes owed by the mobilehome’s previous owner.
"With abandoned mobilehomes, frequently the registered owner has failed to pay the required personal property taxes for an extended period of time. Normally when an owner is delinquent, the respective county tax collector would place a lien on the mobilehome and sell it. However, tax collectors are reluctant to pursue this course of action when a mobilehome lacks value, as is the case with many abandoned properties.
"Abandoned mobilehomes negatively impact the community, the landlord, and tax collectors. They are unsightly and potentially hazardous, thus depreciating the value of nearby mobilehomes and impacting the health of residents. Landlords cannot rent out the space occupied by an abandoned mobilehome, thus decreasing revenue and also precluding the collection of taxes.
"This bill (AB 999) will help expedite the removal of abandoned mobilehomes by allowing a landlord to dispose of the property without the unjust burden of paying the delinquent resident’s taxes. Importantly, AB 999 ensures that the registered owner remains responsible for the personal property taxes, thus avoiding tax abatement."
Definitions of "abandoned" and "disposal": Under existing law, an abandoned mobilehome means a mobilehome about which all of the following are true: (1) it is unoccupied; (2) it is located in a mobilehome park on a site for which no rent has been paid to the management for the preceding 60 days; and (3) a reasonable person would believe it to be abandoned. Existing law also provides that if all three of these conditions are true, then a mobilehome "that is uninhabitable because of its total or partial destruction that cannot be rehabilitated" shall also be included in the definition of "abandoned mobilehome." Under this provision, even homes that have been completely destroyed may not be deemed abandoned under the statute unless all three criteria are met, including nonpayment of rent on the site for 60 days.
This bill does not modify the definition of "abandoned mobilehome," but it does define "disposal," specifically that to dispose of an abandoned mobilehome means "the removal and destruction of an abandoned mobilehome from a mobilehome park, thus making it unusable for any purpose." Under this definition, a park owner using the procedure authorized by this bill to dispose of an abandoned mobilehome must destroy it upon removal from the park, and may not use the home for any other purpose, including salvage or resale to others.
Disposal procedures for abandoned mobilehomes: This bill establishes due process procedures for the disposal of abandoned mobilehomes and their contents—provisions that largely track those currently governing the sale of abandoned mobilehomes. As a prerequisite, the management must first post a notice of belief of abandonment on the mobilehome for a minimum of 30 days and mail copies of the notice to the homeowner and any known lienholders. Existing law requires the management to file a petition for judicial declaration of abandonment and serve it upon the homeowner, as well as any known lienholders on the home. Because the bill seeks to relieve park management from clearing unpaid taxes on the home, the bill requires management to declare its intent in the petition to not seek a tax clearance certificate, and then requires notification to the county tax collector and HCD by mailing first-class a copy of the petition. If at the hearing on the petition, the petitioner shows sufficient evidence that the criteria for abandonment are satisfied and no party establishes a right to possession or security or ownership interest in the mobilehome, then the court shall enter a judgment of abandonment.
At this point, the bill requires park management, within ten days following the judgment of abandonment, to enter the mobilehome, inventory the contents, and submit the inventory to the court. Subsequently, management shall post and mail to the homeowner and any known lienholders a notice of intent to dispose of the abandoned mobilehome and its contents, including the planned date of disposal. The notice must also be provided to the county tax collector and HCD. The bill authorizes park management to dispose of the abandoned mobilehome and its contents following a judgment of abandonment, but not less than ten days following the notice of intent to dispose. Finally, within 30 days of the date of the disposal, the bill requires management to submit to the court, the county tax collector, and HCD a statement that the abandoned mobilehome and its contents were disposed, with supporting documentation. Alternatively, if management elected to sell the contents of the mobilehome at a public sale instead of disposing of them along with the mobilehome, then the bill requires management to also submit an accounting of the moneys received from the sale and the disposition of the money and the items contained in the inventory.
Liability for unpaid taxes follows the registered former owner of the abandoned mobilehome: According to the author, this bill does not result in any tax abatement because under existing law, the registered owner of the home ultimately remains responsible for unpaid taxes after those taxes are transferred from the secured roll to the unsecured roll for tax collection. Section 2921.5 of the Revenue and Taxation Code provides that property taxes due on mobilehomes are entered on the secured roll for collection, but if they go unpaid and become delinquent, are transferred to the unsecured roll. The law also provides that unpaid property tax amounts transferred to the unsecured roll continue to be subject to delinquent penalties until the amounts are paid, and are collectible from either the person from whom the property was acquired or the public entity that acquired the property.
This bill simply allows mobilehome park owners to dispose of abandoned mobilehomes without being required to pay a homeowner's unpaid property taxes, as long as specified due process procedures are satisfied. Because the bill does not change procedures for the sale of abandoned mobilehomes, current law dictating priority for the proceeds of the sale still applies when the park owner elects to sell an abandoned mobilehome, thus ensuring that proceeds may go towards paying off tax liens or other obligations on the home.
Related legislation:
AB 587 (Chau): Creates a tax abatement program for mobilehome owners who cannot transfer title into their names due to delinquent taxes and fees that may have been incurred by prior owners. AB 587 is currently pending hearing in the Assembly Judiciary Committee.
AB 682 (Williams): Would authorize a person to have specified alterations, conversions, and repairs made to a mobilehome without filing an application with HCD. AB 682 is currently pending hearing in the Assembly Committee on Housing and Community Development.
SB 69 (Kelley) Ch. 446, Statutes of 1995: Provided that an interest in a mobilehome is established by evidence of a right to possession of the mobilehome or a security or ownership interest in the mobilehome.
AB 743 (Nolan) Ch. 564, Statutes of 1991: Revised due process requirements for mobilehome owners seeking to obtain a court order declaring the abandonment of a mobilehome.
Double-referral: This bill was double-referred to the Assembly Judiciary Committee, where it passed 10-0 on April 14, 2015.
REGISTERED SUPPORT / OPPOSITION:
Support
Western Manufactured Housing Communities Association (Sponsor)
California Mobilehome Parkowners Alliance (CMPA)
Opposition
None on file
Analysis Prepared by: Rebecca Rabovsky / H. & C.D. / (916) 319-2085
AB 999
Page 6
Date of Hearing: April 14, 2015
ASSEMBLY COMMITTEE ON JUDICIARY
Mark Stone, Chair
AB 999
(Daly) – As Amended April 7, 2015
As Proposed to be Amended
SUBJECT: ABANDONED MOBILEHOMES: DISPOSAL
KEY ISSUE: SHOULD MOBILEHOME PARK OWNERS THAT FOLLOW A COURT-SUPERVISED PROCEDURE WHICH PROVIDES DUE PROCESS TO MOBILEHOME OWNERS AND LIENHOLDERS BE ALLOWED TO DISPOSE OF AN ABANDONED MOBILEHOME WITHOUT BEING RESPONSIBLE FOR PAYING DELINQUENT PROPERTY TAXES OWED BY THE MOBILEHOME OWNER?
SYNOPSIS
This bill, sponsored by the Western Manufactured Housing Communities Association (WMA), an association representing owners of mobilehome parks, seeks to establish due process requirements for mobilehome park owners that, if satisfied, would allow mobilehome park owners to dispose of abandoned mobilehomes without being required to pay the unpaid property taxes on the home. According to the author, it is an unfunded burden to the mobilehome park owner to have to pay the unpaid property taxes owed by a delinquent homeowner, particularly when the park owner is seeking to remove and dispose of an abandoned mobilehome that may be uninhabitable or a blight on the rest of the park. This bill establishes due process procedures for disposal of abandoned mobilehomes and their contents: provisions that largely track those currently governing the sale of abandoned mobilehomes and which provide the homeowner and lienholders with notice and an opportunity to be heard with respect to a petition for declaration of abandonment. According to the author, this bill does not result in any abatement of taxes because under existing law, the registered homeowner ultimately remains responsible for unpaid taxes after those taxes are transferred from the secured roll to the unsecured roll for tax collection. Proposed amendments to the bill are largely technical, consolidating and reorganizing the due process provisions for disposal of abandoned mobilehomes into a single subdivision. The bill is supported by mobilehome park owners who contend that the bill would help expedite the removal of uninhabitable abandoned homes while providing sufficient due process protection and avoiding any abatement of taxes. After removal, new homes could be installed on those vacated sites, improving the park community and generating additional property taxes for local government. There is no registered opposition to the bill.
SUMMARY: Establishes due process requirements for mobilehome park owners (park management) seeking to dispose of an abandoned mobilehome without first being required to pay any unpaid property taxes on the mobilehome. Specifically, in order for park management to dispose of an abandoned mobile home, this bill:
Requires park management to file a petition for judicial declaration of abandonment and in the petition, declare its intent to not seek a tax clearance certificate, and then notify the county tax collector and the Department of Housing and Community Development (HCD) by mailing a copy of the petition by first-class mail.
Requires park management, within ten days following a judgment of abandonment, to enter the mobilehome, make an inventory of the contents, and submit the inventory to the court.
Requires park management to post and mail a notice of intent to dispose of the abandoned mobilehome and its contents under this section, and announcing the date of disposal, in a specified manner. Further requires the management to provide notice to the county tax collector and HCD.
Authorizes park management to dispose of the abandoned mobilehome following a judgment of abandonment, but not less than ten days following the above notice of intent to dispose. Defines "dispose" to mean to remove an abandoned mobilehome from a mobilehome park and destroy it, thus making it unusable for any purpose.
Authorizes any person having right to possession of the abandoned mobilehome to recover and remove it from the premises at any time prior to disposal upon payment to the management of all rent, reasonable storage charges, and any other costs due. Requires the management to immediately file an acknowledgment of satisfaction of judgment upon receipt of such payment and removal of the mobilehome.
Requires park management, within 30 days of the date of the disposal of an abandoned mobilehome and its contents, to submit to the court, the county tax collector, and HCD a statement that the abandoned mobilehome and its contents were disposed with supporting documentation. Alternatively, if the contents of the mobilehome were sold at a public sale instead of being disposed of along with the mobilehome, then management shall also submit an accounting of the moneys received from the sale and the disposition of the money and the items contained in the inventory.
Provides that, notwithstanding any other law, park management shall not be required to obtain a tax clearance certificate, as set forth in Section 5832 of the Revenue and Taxation Code, to either dispose of an abandoned mobilehome and sell its contents, or dispose of an abandoned mobilehome and its contents.
EXISTING LAW:
Defines "abandoned mobilehome" to mean a mobilehome that is unoccupied, is located in a mobilehome park on a site for which no rent has not been paid to the management for the preceding 60 days, and is in such condition that a reasonable person would believe it to be abandoned. (Civil Code Section 798.61(a). All further references are to this code unless otherwise stated.)
Establishes a specified procedure for determining the abandonment of a mobilehome, which includes posting a notice of belief of abandonment on the mobilehome for a minimum of 30 days and mailing copies of the notice to the homeowner and any known holder of a security interest in the mobilehome. (Section 798.61(b).)
Establishes a court-supervised process to petition for a judicial declaration of abandonment, which includes serving the petition upon the homeowner and known lienholders in a manner specified. (Section 798.61(c).)
Provides for a hearing whereby a court may enter a judgment of abandonment in favor of the petitioner, and allow him or her to recover various costs and charges, plus attorney's fees, against the owner of the mobilehome. (Section 798.61(d).)
Establishes due process requirements for park management seeking to sell an abandoned mobilehome and/or its contents, including various notice provisions, a public sale requirement, and specifying the division of proceeds from the sale. (Section 798.61(e).) Requires management to provide the purchaser of the mobilehome at the public sale with a copy of the judgment of abandonment and evidence of the sale, and requires either the HCD or the Department of Motor Vehicles to subsequently register title of the abandoned mobilehome in the name of the purchaser upon presentation thereof. Further provides that the sale shall pass title to the purchaser free of any prior interest, including any security interest or lien, except as specified. (Section 798.61(h).)
Provides that property taxes due on mobilehomes are entered on the secured roll for collection, but if they go unpaid and become delinquent, shall be transferred from the secured roll to the unsecured roll. Further provides that unpaid property tax amounts transferred to the unsecured roll continue to be subject to delinquent penalties until the amounts are paid, and are collectible from either the person from whom the property was acquired or the public entity that acquired the property. (Revenue and Taxation Code Section 2921.5.)
FISCAL EFFECT: As currently in print this bill is keyed fiscal.
COMMENTS: Under existing law, owners of mobilehome parks must follow a specified court-supervised abandonment proceeding to dispose of a mobilehome when the homeowner has not only stopped paying rent on the site, but apparently abandoned the mobilehome itself, leaving it unoccupied and in a condition rendering it uninhabitable and unattractive for resale. In many cases, the property is burdened with unpaid property taxes owed by the homeowner—taxes which create an obstacle to disposal and removal of the home by park management because current law requires the unpaid taxes to be paid off before title to the mobilehome can be transferred to the park management, even for the purpose of disposal.
This bill, sponsored by the Western Manufactured Housing Communities Association (WMA), seeks to establish due process requirements for mobilehome park owners that if satisfied, would allow them to dispose of an abandoned mobilehome without first being required to pay the unpaid property taxes on the home. In justifying the need for the bill, the author states:
Manufactured homes and mobilehomes are regularly abandoned in mobilehome communities. With abandoned mobilehomes, frequently the registered owner has failed to pay the required personal property taxes for an extended period of time. Normally when an owner is delinquent, the respective county tax collector would place a lien on the mobilehome and discharge of it accordingly. However, tax collectors are reluctant to pursue this course of action when a mobilehome lacks value, as is the case with many abandoned properties.
Abandoned mobilehomes negatively impact the community, the landlord, and tax collectors. They are unsightly and potentially hazardous, thus depreciating the value of nearby mobilehomes and impacting the health of residents. Landlords cannot rent out the space occupied by an abandoned mobilehome, thus decreasing revenue and also precluding the collection of taxes. This bill (AB 999) will help expedite the removal of abandoned mobilehomes by allowing a landlord to dispose of the property without the unjust burden of paying the delinquent resident’s taxes.
Definitions of "abandoned" and "disposal." Under existing law, an abandoned mobilehome means a mobilehome about which all of the following are true: (1) it is unoccupied; (2) it is located in a mobilehome park on a site for which no rent has been paid to the management for the preceding 60 days; and (3) a reasonable person would believe it to be abandoned. Existing law also provides, rather curiously, that if all three of these conditions are true, then a mobilehome "that is uninhabitable because of its total or partial destruction that cannot be rehabilitated" shall also be included in the definition of "abandoned mobilehome." According to WMA, this provision likely refers to mobilehomes damaged by fire ("burnt out homes"), but in any case, it is important to note that even burnt-out homes may not be deemed abandoned under the statute unless all three criteria are met, including nonpayment of rent on the site for 60 days.
This bill does not modify the definition of "abandoned mobilehome," but it does provide a definition for "disposal," specifically that to dispose of an abandoned mobilehome means to "remove it from a mobilehome park and destroy it, thus making it unusable for any purpose." Thus, under the plain language of the bill, a mobilehome park owner using the procedure authorized by this bill to dispose of an abandoned mobilehome must destroy it upon removal from the park, and may not use the home for any other purpose, including salvage or resale to others.
Due process for disposing of an abandoned mobilehome. This bill establishes due process procedures for disposal of abandoned mobilehomes and their contents—provisions that largely track those currently governing the sale of abandoned mobilehomes. As a prerequisite, the management must first post a notice of belief of abandonment on the mobilehome for a minimum of 30 days and mail copies of the notice to the homeowner and any known lienholders. To further protect due process for the homeowner who may wish to contest abandonment, existing law requires the management to file a petition for judicial declaration of abandonment and serve it upon the homeowner, as well as any known lienholders on the home. Because the bill seeks to relieve park management from clearing unpaid taxes on the home, the bill requires management to declare its intent in the petition to not seek a tax clearance certificate, and then requires notification to the county tax collector and the HCD by mailing first-class a copy of the petition. If at the hearing on the petition, the petitioner shows sufficient evidence that the criteria for abandonment are satisfied and no party establishes a right to possession or security or ownership interest in the mobilehome, then the court shall enter a judgment of abandonment.
At this point, the bill requires park management, within ten days following the judgment of abandonment, to enter the mobilehome, inventory the contents, and submit the inventory to the court. Subsequently, management shall post and mail to the homeowner and any known lienholders a notice of intent to dispose of the abandoned mobilehome and its contents, including the planned date of disposal. The notice must also be provided to the county tax collector and HCD. The bill authorizes park management to dispose of the abandoned mobilehome and its contents following a judgment of abandonment, but not less than ten days following the notice of intent to dispose. Finally, within 30 days of the date of the disposal, the bill requires management to submit to the court, the county tax collector, and HCD a statement that the abandoned mobilehome and its contents were disposed with supporting documentation. Alternatively, if management elected to sell the contents of the mobilehome at a public sale instead of disposing of them along with the mobilehome, then the bill requires management to also submit an accounting of the moneys received from the sale and the disposition of the money and the items contained in the inventory.
Proposed author amendments separate and reorganize due process provisions for disposal. Section 798.61 of the Civil Code specifies judicial due process for dealing with abandoned mobilehomes, which ultimately involves noticed public sale of the home and its contents after a judicial declaration of abandonment has been issued. As currently in print, the bill provides for an alternative procedure allowing disposal of the home without public sale, but integrates these requirements into every step of the existing process. In order to improve clarity and avoid potential confusion about provisions that may apply to sale, disposal, or both, the author proposes to amend the bill to consolidate new provisions authorizing disposal of abandoned mobilehomes into a single subdivision, and make corresponding changes to reorganize Section 798.61. The reorganization of the bill as proposed to be amended also helpfully clarifies that the bill is not intended to change due process provisions relating to sale of abandoned mobilehomes, but rather to establish new, substantially similar provisions for the disposal of such homes.
Liability for unpaid taxes follows the registered former owner of the abandoned mobilehome. According to the author, this bill does not result in any tax abatement because under existing law, the registered owner of the home ultimately remains responsible for unpaid taxes after those taxes are transferred from the secured roll to the unsecured roll for tax collection. Section 2921.5 of the Revenue and Taxation Code provides that property taxes due on mobilehomes are entered on the secured roll for collection, but if they go unpaid and become delinquent, are transferred to the unsecured roll. The law also provides that unpaid property tax amounts transferred to the unsecured roll continue to be subject to delinquent penalties until the amounts are paid, and are collectible from either the person from whom the property was acquired or the public entity that acquired the property.
This bill simply allows mobilehome park owners to dispose of abandoned mobilehomes without being required to pay a homeowner's unpaid property taxes, as long as specified due process procedures are satisfied. Because the bill does not change procedures for the sale of abandoned mobilehomes, current law dictating priority for the proceeds of the sale still applies when the park owner elects to sell an abandoned mobilehome, thus ensuring that proceeds may go towards paying off tax liens or other obligations on the home.
Pending/Previous Related Legislation. AB 587 (Chau), introduced earlier this year, proposes a new tax abatement program for persons seeking to transfer title to mobilehomes, as specified. AB 587 is currently pending hearing in the Assembly Housing and Community Development Committee.
SB 69 (Kelley) Ch. 446, Stats. 1995, provided that an interest in the mobilehome is established by evidence of a right to possession of the mobilehome or a security or ownership interest in the mobilehome.
AB 743 (Nolan) Ch. 564, Stats. 1991, revised due process requirements for mobilehome owners seeking to obtain a court order declaring the abandonment of a mobilehome.
REGISTERED SUPPORT / OPPOSITION:
Support
Western Manufactured Housing Communities Association (WMA) (sponsor)
California Mobilehome Parkowners Alliance
Opposition
None on file
Analysis Prepared by: Anthony Lew / JUD. / (916) 319-2334
Discussed in Hearing
50SEC
Assembly Floor
2MIN
Senate Floor
1MIN
Senate Standing Committee on Appropriations
6MIN
Senate Standing Committee on Judiciary
7MIN
Senate Standing Committee on Transportation and Housing
3MIN
Assembly Standing Committee on Housing and Community Development
Bill Author
Bill Co-Author(s):