SB 329: Manufactured homes: financial assistance programs.
- Session Year: 2017-2018
- House: Senate
- Latest Version Date: 2017-10-12
Under existing law, there are programs providing assistance for, among other things, emergency housing, multifamily housing, farmworker housing, veteran housing, home ownership for very low and low-income households, and downpayment assistance for first-time home buyers.
This bill would require all state and local programs designed to facilitate home ownership or residence, as specified, to include manufactured homes, to the extent feasible. The bill would deem a California Housing Finance Agencys loan program to comply with this provision if it includes manufactured housing in conformance with specified guidelines. The bill would make related legislative findings and declarations.
Under existing law, there are programs providing assistance for, among other things, emergency housing, multifamily housing, farmworker housing, veteran housing, home ownership for very low and low-income households, and downpayment assistance for first-time home buyers.
This bill would require all state and local programs designed to facilitate home ownership or residence, as specified, to include manufactured homes, to the extent feasible. The bill would deem a California Housing Finance Agencys loan program to comply with this provision if it includes manufactured housing in conformance with specified guidelines. The bill would make related legislative findings and declarations.
Under existing law, there are programs providing assistance for, among other things, emergency housing, multifamily housing, farmworker housing, veteran housing, home ownership for very low and low-income households, and downpayment assistance for first-time homebuyers home buyers.
This bill would require all state and local programs designed to facilitate home ownership or residence, as specified, to include manufactured homes. homes, to the extent feasible. The bill would deem a California Housing Finance Agencys loan program to comply with this provision if it includes manufactured housing in conformance with specified guidelines. The bill would make related legislative findings and declarations.
Under existing law, there are programs providing assistance for, among other things, emergency housing, multifamily housing, farmworker housing, veteran housing, home ownership for very low and low-income households, and downpayment assistance for first-time homebuyers.
This bill would require all state and local programs designed to facilitate home ownership or residence, as specified, to include manufactured homes. The bill would deem a California Housing Finance Agencys loan program to comply with this provision if it includes manufactured housing in conformance with specified guidelines. The bill would make related legislative findings and declarations.
Under existing law, there are programs providing assistance for, among other things, emergency housing, multifamily housing, farmworker housing, veteran housing, home ownership for very low and low-income households, and downpayment assistance for first-time homebuyers.
This bill would require all state and local programs designed to facilitate home ownership or residence, as specified, to include manufactured homes. The bill would make related legislative findings and declarations.
The Legislature finds and declares all of the following:
(a)California currently is in the midst of an affordable housing crisis. Manufactured homes provide an affordable alternative to conventional single-family housing.
(b)California law requires cities to allow the installation of manufactured homes on lots zoned for conventional single-family residential dwellings but fails to require programs that facilitate home ownership to include manufactured housing. Five percent of Californias population currently lives in a manufactured home. Exclusion of those individuals from programs that facilitate home ownership is contrary to Californias policy to promote affordable housing.
(c)Prospective homeowners should have an opportunity to apply for programs that facilitate home ownership regardless of the type of home which will be purchased.
(d)It is the intent of the Legislature to enact legislation that would make these housing assistance programs available for the lease or purchase of manufactured homes.
(e)This legislation is necessary to ensure that prospective homeowners that seek to apply for state and local programs are not subject to discrimination based upon the type of home they seek to purchase.
SEC. 2.Section 65852.35 is added to the Government Code, to read:65852.35.(a)Notwithstanding any other law, all state and local programs designed to facilitate home ownership or residence, including loan origination and repayment programs, downpayment assistance, and tax credits, shall include manufactured housing, to the extent feasible.
(b)A California Housing Finance Agency loan program is deemed to comply with subdivision (a) if it includes manufactured housing in conformance with a government sponsored enterprises guidelines and California Housing Finance Agencys lending partners guidelines.
The Legislature finds and declares all of the following:
(a)California currently is in the midst of an affordable housing crisis. Manufactured homes provide an affordable alternative to conventional single-family housing.
(b)California law requires cities to allow the installation of manufactured homes on lots zoned for conventional single-family residential dwellings but fails to require programs that facilitate home ownership to include manufactured housing. Five percent of Californias population currently lives in a manufactured home. Exclusion of those individuals from programs that facilitate home ownership is contrary to Californias policy to promote affordable housing.
(c)Prospective homeowners should have an opportunity to apply for programs that facilitate home ownership regardless of the type of home which will be purchased.
(d)It is the intent of the Legislature to enact legislation that would make these housing assistance programs available for the lease or purchase of manufactured homes.
(e)This legislation is necessary to ensure that prospective homeowners that seek to apply for state and local programs are not subject to discrimination based upon the type of home they seek to purchase.
SEC. 2.Section 65852.35 is added to the Government Code, to read:65852.35.(a)Notwithstanding any other law, all state and local programs designed to facilitate home ownership or residence, including loan origination and repayment programs, downpayment assistance, and tax credits, shall include manufactured housing, to the extent feasible.
(b)A California Housing Finance Agency loan program is deemed to comply with subdivision (a) if it includes manufactured housing in conformance with a government sponsored enterprises guidelines and California Housing Finance Agencys lending partners guidelines.
The Legislature finds and declares all of the following:
(a)California currently is in the midst of an affordable housing crisis. Manufactured homes provide an affordable alternative to conventional single-family housing.
(b)California law requires cities to allow the installation of manufactured homes on lots zoned for conventional single-family residential dwellings but fails to require programs that facilitate home ownership to include manufactured housing. Five percent of Californias population currently lives in a manufactured home. Exclusion of those individuals from programs that facilitate home ownership is contrary to Californias policy to promote affordable housing.
(c)Prospective homeowners should have an opportunity to apply for programs that facilitate home ownership regardless of the type of home which will be purchased.
(d)It is the intent of the Legislature to enact legislation that would make these housing assistance programs available for the lease or purchase of manufactured homes.
(e)This legislation is necessary to ensure that prospective homeowners that seek to apply for state and local programs are not subject to discrimination based upon the type of home they seek to purchase.
SEC. 2.Section 65852.35 is added to the Government Code, to read:65852.35.(a)Notwithstanding any other law, all state and local programs designed to facilitate home ownership or residence, including loan origination and repayment programs, downpayment assistance, and tax credits, shall include manufactured housing. housing, to the extent feasible.
(b)A California Housing Finance Agency loan program is deemed to comply with subdivision (a) if it includes manufactured housing in conformance with a government sponsored enterprises guidelines and California Housing Finance Agencys lending partners guidelines.
The Legislature finds and declares all of the following:
(a)California currently is in the midst of an affordable housing crisis. Manufactured homes provide an affordable alternative to conventional single-family housing.
(b)California law requires cities to allow the installation of manufactured homes on lots zoned for conventional single-family residential dwellings but fails to require programs that facilitate home ownership to include manufactured housing. Five percent of Californias population currently lives in a manufactured home. Exclusion of those individuals from programs that facilitate home ownership is contrary to Californias policy to promote affordable housing.
(c)Prospective homeowners should have an opportunity to apply for programs that facilitate home ownership regardless of the type of home which will be purchased.
(d)It is the intent of the Legislature to enact legislation that would make these housing assistance programs available for the lease or purchase of manufactured homes.
(e)This legislation is necessary to ensure that prospective homeowners that seek to apply for state and local programs are not subject to discrimination based upon the type of home they seek to purchase.
SEC. 2.Section 65852.35 is added to the Government Code, to read:65852.35.(a)Notwithstanding any other law, all state and local programs designed to facilitate home ownership or residence, including loan origination and repayment programs, downpayment assistance, and tax credits, shall include manufactured housing.
(b)A California Housing Finance Agency loan program is deemed to comply with subdivision (a) if it includes manufactured housing in conformance with a government sponsored enterprises guidelines and California Housing Finance Agencys lending partners guidelines.
The Legislature finds and declares all of the following:
(a)California currently is in the midst of an affordable housing crisis. Manufactured homes provide an affordable alternative to conventional single-family housing.
(b)California law requires cities to allow the installation of manufactured homes on lots zoned for conventional single-family residential dwellings but fails to require programs that facilitate homeownership to include manufactured housing. Five percent of Californias population currently lives in a manufactured home. Exclusion of those individuals from programs that facilitate home ownership is contrary to Californias policy to promote affordable housing.
(c)Prospective homeowners should have an opportunity to apply for programs that facilitate home ownership regardless of the type of home which will be purchased.
(d)It is the intent of the Legislature to enact legislation that would make these housing assistance programs available for the lease or purchase of manufactured homes.
(e)This legislation is necessary to ensure that prospective homeowners that seek to apply for state and local programs are not subject to discrimination based upon the type of home they seek to purchase.
SEC. 2.Section 65852.35 is added to the Government Code, to read:65852.35.Notwithstanding any other law, all state and local programs designed to facilitate home ownership or residence, including loan origination and repayment programs, down payment assistance, and tax credits, shall include manufactured housing.
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Date
|
Status
|
|---|---|
| Oct 12, 2017 | Chaptered by Secretary of State. Chapter 727, Statutes of 2017. |
| Oct 12, 2017 | Approved by the Governor. |
| Sep 19, 2017 | Enrolled and presented to the Governor at 4 p.m. |
| Sep 13, 2017 | Assembly amendments concurred in. (Ayes 40. Noes 0.) Ordered to engrossing and enrolling. |
| Sep 8, 2017 | In Senate. Concurrence in Assembly amendments pending. |
| Sep 7, 2017 | Read third time. Passed. Ordered to the Senate. |
| Jul 20, 2017 | Read second time. Ordered to third reading. |
| Jul 19, 2017 | From committee: Do pass. (Ayes 16. Noes 0.) (July 19). |
| Jun 29, 2017 | Read second time and amended. Re-referred to Com. on APPR. |
| Jun 28, 2017 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 28). |
| Jun 8, 2017 | Referred to Com. on H. & C.D. |
| May 31, 2017 | In Assembly. Read first time. Held at Desk. |
| May 30, 2017 | Read third time. Passed. (Ayes 40. Noes 0. Page 1260.) Ordered to the Assembly. |
| May 23, 2017 | Read second time. Ordered to third reading. |
| May 22, 2017 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8. |
| May 17, 2017 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR. |
| May 16, 2017 | Set for hearing May 22. |
| May 11, 2017 | May 15 hearing postponed by committee. |
| May 4, 2017 | Set for hearing May 15. |
| May 3, 2017 | May 8 hearing postponed by committee. |
| May 1, 2017 | Set for hearing May 8. |
| Apr 26, 2017 | May 1 hearing postponed by committee. |
| Apr 21, 2017 | Set for hearing May 1. |
| Apr 19, 2017 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0. Page 750.) (April 18). Re-referred to Com. on APPR. |
| Apr 4, 2017 | Set for hearing April 18. |
| Feb 23, 2017 | Referred to Com. on T. & H. |
| Feb 14, 2017 | From printer. May be acted upon on or after March 16. |
| Feb 13, 2017 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
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Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 13, 2017 | Unfinished Business SB329 Leyva Concurrence | Senate Floor |
Passed |
|
| Sep 7, 2017 | SB 329 Leyva Senate Third Reading By REYES | Assembly Floor |
Passed |
|
| Jul 19, 2017 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jun 28, 2017 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Housing and Community Development |
Passed |
|
| May 30, 2017 | Senate 3rd Reading SB329 Leyva | Senate Floor |
Passed |
|
| Apr 18, 2017 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Transportation and Housing |
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.
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Organization
|
Position
|
Date
|
|---|---|---|
| California Association Of Realtors | ** Against | Sep 8, 2017 |
| California Manufactured Housing Institute | ** Support | Jun 26, 2017 |
| Golden State Manufactured Home Owners League | ** Support | Jun 26, 2017 |
| Western Manufactured Housing Communities Association | ** Support | Sep 8, 2017 |
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
UNFINISHED BUSINESS
Bill No: SB 329
:
SENATE TRANS. & HOUSING COMMITTEE: 11-0, 4/18/17
AYES: Beall, Cannella, Allen, Atkins, Gaines, McGuire, Mendoza, Morrell, Skinner, Wieckowski, Wiener
NO VOTE RECORDED: Bates, Roth
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SENATE FLOOR: 40-0, 5/30/17
AYES: Allen, Anderson, Atkins, Bates, Beall, Berryhill, Bradford, Cannella, De León, Dodd, Fuller, Gaines, Galgiani, Glazer, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leyva, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Newman, Nguyen, Nielsen, Pan, Portantino, Roth, Skinner, Stern, Stone, Vidak, Wieckowski, Wiener, Wilk
ASSEMBLY FLOOR: 78-0, 9/7/17 - See last page for vote
SUBJECT: Manufactured homes: financial assistance programs
SOURCE: California Manufactured Housing Institute
DIGEST:
This bill requires all state and local programs designed to facilitate home ownership or residence to include manufactured housing.
Assembly Amendments add that the provisions of this bill apply to state and local programs, to the extent feasible.
Existing law:
- Establishes a number of programs at the Department of Housing and Community Development (HCD) and the California Housing Finance Agency (CalHFA) to make housing more affordable to California families and individuals, including the following main programs:
- Multifamily Housing Program, which funds the new construction, rehabilitation, and preservation of permanent and transitional rental homes for lower income households through loans to local governments, non-profit developers, and for-profit developers.
- Joe Serna, Jr., Farmworker Housing Program, which funds the development of ownership or rental homes for agricultural workers through grants to local governments and non-profit organizations.
- CalHome Program, which funds downpayment assistance, home rehabilitation, counseling, self-help mortgage assistance programs and technical assistance for self-help and shared housing through grants and loans.
- Establishes a federal and state low-income housing tax credit program (LIHTC), which provides an indirect subsidy to incentivize the private development of affordable rental housing for low-income households.
This bill requires all state and local programs designed to facilitate home ownership or residence, including loan origination and repayment programs, downpayment assistance, and tax credits, to include manufactured housing to the extent feasible. A CalHFA loan program is deemed to comply if it includes manufactured housing in conformance with a government sponsored enterprise’s guidelines and CalHFA’s lending partners’ guidelines.
Comments
- Purpose of the bill. According to the author, mobilehome parks and manufactured home communities are in constant decay and in high demand. In many cases, manufactured homes are the last bastion of affordable housing. Manufactured home communities house many seniors, immigrants, and individuals on fixed incomes. Many of these residents are in difficult financial situations where they could be one day away from homelessness. Even though low-income families live in mobilehome parks, parks they are not considered affordable housing. Thus, residents are excluded from resources to improve the homes, such as energy efficiency or replacement of new manufactured homes. Improving the housing stock in manufactured home communities will improve the quality of life of these residents rather than maintaining the aluminum 1970 models that are found across the state.
A recent HCD report noted that advances in technology and regulation have resulted in high-quality homes, with greater energy efficiency than past generations, and at cost that is 10 to 20 percent per square foot less than conventionally built homes. Prospective homeowners and residents should have an opportunity to apply for state and local housing programs regardless of whether they seek to purchase a manufactured or traditional single family home. To the extent that state and local programs fail to include manufactured housing, those programs may effectively prevent some applicants from purchasing an affordable manufactured home within their community.
- Is this really a problem? According to the sponsor and supporters, this bill permits state and local housing programs that offer down-payment assistance and tax credits to include manufactured housing. It appears that all HCD programs already permit manufactured housing projects to qualify for funding. Under federal law, LIHTC may be used to finance manufactured housing that is affixed to a foundation (real estate) and rented (not sold) to the residents, however it prohibits tax credits from funding traditional parks where one party owns the land and rents spaces to homeowners. Given that federal law supersedes state law, this bill would not change these existing prohibitions.
- Opposition. Writing in opposition to a prior version of the bill, the California Association of Realtors (CAR) would like to see this bill apply only to programs on a forward looking basis. According to CAR, single-family homes only receive about 20% of the existing affordable housing program funding. This bill requires every agency managing affordable housing funding to re-open regulations to include manufactured housing with existing operational programs, thus diverting limited resources away from single-family housing.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Assembly Appropriations Committee:
- Negligible state costs to HCD. All applicable programs in HCD, including rental programs, already include manufactured homes.
- Negligible state costs to CalHFA. Under this bill, CalHFA must only include manufactured homes to the extent allowed under federal law and lending partner guidelines. Most loans for manufactured housing will continue to be excluded from CalFHA programs under this bill because CalHFA's lending partners do not provide lending for manufactured homes that are on a separately-owned lot.
California Manufactured Housing Institute (source)
Golden State Manufactured Home Owners League
Western Manufactured Housing Communities Association
California Association of Realtors
ASSEMBLY FLOOR: 78-0, 9/7/17
AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Calderon, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dababneh, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon
NO VOTE RECORDED: Medina
9/8/17 10:36:31
**** END ****
SENATE THIRD READING
STR Bill Id:SB 329
Author:(Leyva)
As Amended Ver:June 29, 2017
Majority vote
SENATE VOTE: 40-0
Committee | Votes | Ayes | Noes |
Housing | 7-0 | Chiu, Steinorth, Bocanegra, Chau, Choi, Kalra, Limón | |
Appropriations | 16-0 | Gonzalez Fletcher, Bigelow, Bloom, Bocanegra, Bonta, Brough, Quirk, Chau, Eggman, Fong, Friedman, Eduardo Garcia, McCarty, Muratsuchi, Obernolte, Reyes |
SUMMARY: Requires all state and local programs designed to facilitate homeownership or residence to include manufactured housing, to the extent feasible. Specifically, this bill:
- Requires all state and local programs designed to facilitate homeownership or residence, including loan origination and repayment programs, downpayment assistance, and tax credits, to include manufactured housing, to the extent feasible.
- Provides that a California Housing Finance Agency (CalHFA) loan program is deemed to comply with the above requirement if it includes manufactured housing in conformance with a government sponsored enterprise's guidelines and CalHFA's lending partners' guidelines.
- Makes a number of findings and declarations regarding the importance of manufactured housing as a source of affordable housing, and that programs that facilitate home ownership should include manufactured housing.
FISCAL EFFECT: According to the Assembly Appropriations Committee:
- Negligible state costs to HCD. All applicable programs in HCD, including rental programs, already include manufactured homes.
- Negligible state costs to CalHFA. Under the bill, CalHFA must only include manufactured homes to the extent allowed under federal law and lending partner guidelines. Most loans for manufactured housing will continue to be excluded from CalHFA programs under this bill because CalHFA's lending partners do not provide lending for manufactured homes that are on a separately-owned lot.
COMMENTS:
Need for the bill: According to the author, "most purchasers of manufactured homes own their home as personal property and lease a home site in one of the 4,500 manufactured housing communities in California. Those purchasers may face significant difficulty in finding a "chattel" loan for their home purchase and, even when a lender is found, may be subject to more stringent requirements than would apply to the financing of an identical home built on site. SB 329 ensures that prospective homeowners and residents are eligible for all state and local programs designed to facilitate home ownership or residence regardless if their choice of housing is manufactured housing."
Background: Statewide, over 540,000 manufactured homes provide affordable housing to more than 1.4 million residents. Supporters of the bill point to HCD's recent draft housing report which found that "advances in technology and regulation have resulted in high-quality [manufactured] homes, with greater energy efficiency than past generations, and at a cost that is 10 to 20% per square foot less than conventionally built homes." Prospective homeowners and residents should have an opportunity to apply for state and local housing programs regardless of whether they seek to purchase a manufactured or traditional single family home. To the extent that state and local programs fail to include manufactured housing, those programs may effectively prevent some applicants from purchasing an affordable manufactured home within their community.
This bill would require all state and local programs designed to facilitate home ownership or residence, including rental programs, to include manufactured housing to the extent feasible. It appears that all existing HCD programs already permit manufactured housing to qualify for funding. Under federal law, the low-income housing tax credit program (LIHTC) may be used to finance manufactured housing that is affixed to a foundation (and therefore considered real estate) and rented to residents, however it prohibits tax credits from funding traditional mobilehome parks where one party owns the land and rents spaces to homeowners. Given that federal law supersedes state law, this bill would not change these existing prohibitions, but would prevent state LIHTC requirements from becoming more restrictive than federal law. It is unclear how this bill would apply to other state or local housing programs that facilitate home ownership or residence, as this is a broad category and encompasses a wide variety of ownership and rental housing programs.
Arguments in opposition: The California Association of Realtors (CAR) requests that the bill be amended to only apply to prospective, not existing, programs. According to CAR, single-family homes only receive about 20% of the existing affordable housing program funding. This bill requires every agency, department, or bureau managing affordable housing funding to re-open regulations to include manufactured housing with existing operational programs, thus diverting limited resources away from single-family housing.
Analysis Prepared by: Rebecca Rabovsky / H. & C.D. / (916) 319-2085 FN: 0001300
Date of Hearing: July 19, 2017
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
SBPCA Bill Id:SB 329
Author:(Leyva) – As Amended Ver:June 29, 2017
Policy Committee: | Housing and Community Development | Vote: | 7 - 0 |
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill requires all state and local programs designed to facilitate homeownership or residence to include manufactured housing, to the extent feasible. Specifically, this bill:
- Requires all state and local programs designed to facilitate homeownership or residence, including loan origination and repayment programs, downpayment assistance, and tax credits, to include manufactured housing, to the extent feasible.
- Provides that a California Housing Finance Agency (CalHFA) loan program is deemed to comply with the above requirement if it includes manufactured housing in conformance with a government sponsored enterprise’s guidelines and CalHFA's lending partners’ guidelines.
FISCAL EFFECT:
- Negligible state costs to HCD. All applicable programs in HCD, including rental programs, already include manufactured homes.
- Negligible state costs to CalHFA. Under the bill, CalHFA must only include manufactured homes to the extent allowed under federal law and lending partner guidelines. Most loans for manufactured housing will continue to be excluded from CalFHA programs under this bill because CalHFA's lending partners do not provide lending for manufactured homes that are on a separately-owned lot.
COMMENTS:
- Purpose. According to the author, "most purchasers of manufactured homes own their home as personal property and lease a home site in one of the 4,500 manufactured housing communities in California. Those purchasers may face significant difficulty in finding a “chattel” loan for their home purchase and, even when a lender is found, may be subject to more stringent requirements than would apply to the financing of an identical home built on site. SB 329 ensures that prospective homeowners and residents are eligible for all state and local programs designed to facilitate home ownership or residence regardless if their choice of housing is manufactured housing."
- Background. Statewide, over 540,000 manufactured homes provide affordable housing to more than 1.4 million residents. HCD's recent draft housing report found that advances in technology and regulation have resulted in high-quality manufactured homes, with greater energy efficiency than past generations, and at a cost that is 10 to 20 percent per square foot less than conventionally built homes.
Under existing law, there are a number of programs within HCD and CalHFA aimed at making housing more affordable to families and individuals, including the Multifamily Housing Program, the Joe Serna, Jr. Farmworker Housing Program, and the CalHome Program. There are also federal and state low-income housing tax credit programs which provide incentives for the private development of affordable rental housing.
The author wants to ensure that manufactured homes are a viable option for state and local housing programs.
- Arguments in support. Supporters argue that prospective homeowners and residents should have an opportunity to apply for state and local housing programs regardless of whether they seek to purchase a manufactured or traditional single family home. They note that to the extent that state and local programs fail to include manufactured housing, those programs may effectively prevent some applicants from purchasing an affordable manufactured home within their community.
- Arguments in opposition. The California Association of Realtors (CAR) wants the bill to only apply to prospective, not existing, programs. According to CAR, single-family homes only receive about 20% of the existing affordable housing program funding. They argue that this bill requires every agency, department, or bureau managing affordable housing funding to re-open regulations to include manufactured housing with existing operational programs, thus diverting limited resources away from single-family housing.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
Date of Hearing: June 28, 2017
ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT
David Chiu, Chair
SBPCA Bill Id:SB 329
Author:(Leyva) – As Amended Ver:May 17, 2017
SENATE VOTE: 40-0
SUBJECT: Manufactured homes: financial assistance programs
SUMMARY: Requires all state and local programs designed to facilitate homeownership or residence to include manufactured housing. Specifically, this bill:
- Requires all state and local programs designed to facilitate homeownership or residence, including loan origination and repayment programs, downpayment assistance, and tax credits, to include manufactured housing.
- Provides that a California Housing Finance Agency (CalHFA) loan program is deemed to comply with the above requirement if it includes manufactured housing in conformance with a government sponsored enterprise’s guidelines and CalHFA's lending partners’ guidelines.
- Makes a number of findings and declarations regarding the importance of manufactured housing as a source of affordable housing, and that programs that facilitate home ownership should include manufactured housing.
EXISTING LAW:
- Establishes a number of programs at the Department of Housing and Community Development (HCD) and CalHFA to make housing more affordable to California families and individuals, including the following main programs:
- Multifamily Housing Program, which funds the new construction, rehabilitation, and preservation of permanent and transitional rental homes for lower income households through loans to local governments, non-profit developers, and for-profit developers.
- Joe Serna, Jr., Farmworker Housing Program, which funds the development of ownership or rental homes for agricultural workers through grants to local governments and non-profit organizations.
- CalHome Program, which funds downpayment assistance, home rehabilitation, counseling, self-help mortgage assistance programs and technical assistance for self-help and shared housing through grants and loans.
- Establishes a federal and state low-income housing tax credit program (LIHTC), which provides an indirect subsidy to incentivize the private development of affordable rental housing for low-income households.
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS:
Need for the bill: According to the author, "most purchasers of manufactured homes own their home as personal property and lease a home site in one of the 4,500 manufactured housing communities in California. Those purchasers may face significant difficulty in finding a “chattel” loan for their home purchase and, even when a lender is found, may be subject to more stringent requirements than would apply to the financing of an identical home built on site. SB 329 ensures that prospective homeowners and residents are eligible for all state and local programs designed to facilitate home ownership or residence regardless if their choice of housing is manufactured housing."
Statewide, over 540,000 manufactured homes provide affordable housing to more than 1.4 million residents. Supporters of the bill point to HCD's recent draft housing report which found that "advances in technology and regulation have resulted in high-quality [manufactured] homes, with greater energy efficiency than past generations, and at a cost that is 10 to 20 percent per square foot less than conventionally built homes." Prospective homeowners and residents should have an opportunity to apply for state and local housing programs regardless of whether they seek to purchase a manufactured or traditional single family home. To the extent that state and local programs fail to include manufactured housing, those programs may effectively prevent some applicants from purchasing an affordable manufactured home within their community.
Staff comment: This bill would require all state and local programs designed to facilitate home ownership or residence, including rental programs, to include manufactured housing. It appears that all existing HCD programs already permit manufactured housing to qualify for funding. Under federal law, LIHTC may be used to finance manufactured housing that is affixed to a foundation (and therefore considered real estate) and rented to residents, however it prohibits tax credits from funding traditional mobilehome parks where one party owns the land and rents spaces to homeowners. Given that federal law supersedes state law, this bill would not change these existing prohibitions, but would prevent state LIHTC requirements from becoming more restrictive than federal law. It is unclear how this bill would apply to other state or local housing programs that facilitate home ownership or residence, as this is a broad category and encompasses a wide variety of ownership and rental housing programs. The Committee may wish to consider providing state and local entities with the flexibility to determine whether the inclusion of manufactured housing is feasible.
Arguments in opposition: The California Association of Realtors (CAR) requests that the bill be amended to only apply to prospective, not existing, programs. According to CAR, single-family homes only receive about 20% of the existing affordable housing program funding. This bill requires every agency, department, or bureau managing affordable housing funding to re-open regulations to include manufactured housing with existing operational programs, thus diverting limited resources away from single-family housing.
Committee amendments:
To provide flexibility to state and local programs, the Committee may wish to consider amending the bill to require all programs affected by this bill to include manufactured housing to the extent it is feasible.
The Committee amendments are as follows:
On page 2, in line 27, insert the following after "manufactured housing"
,to the extent feasible
REGISTERED SUPPORT / OPPOSITION:
Support
California Manufactured Housing Institute (sponsor)
Golden State Manufactured Home Owners League
Western Manufactured Housing Communities Association
Opposition
California Association of Realtors
Analysis Prepared by: Rebecca Rabovsky / H. & C.D. / (916) 319-2085
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
THIRD READING
Bill No: SB 329
:
SENATE TRANS. & HOUSING COMMITTEE: 11-0, 4/18/17
AYES: Beall, Cannella, Allen, Atkins, Gaines, McGuire, Mendoza, Morrell, Skinner, Wieckowski, Wiener
NO VOTE RECORDED: Bates, Roth
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SOURCE: California Manufactured Housing Institute
DIGEST:
This bill requires all state and local programs designed to facilitate home ownership or residence to include manufactured housing.
Existing law:
- Establishes a number of programs at the Department of Housing and Community Development (HCD) and the California Housing Finance Agency (CalHFA) to make housing more affordable to California families and individuals, including the following main programs:
- Multifamily Housing Program, which funds the new construction, rehabilitation, and preservation of permanent and transitional rental homes for lower income households through loans to local governments, non-profit developers, and for-profit developers.
- Joe Serna, Jr., Farmworker Housing Program, which funds the development of ownership or rental homes for agricultural workers through grants to local governments and non-profit organizations.
- CalHome Program, which funds downpayment assistance, home rehabilitation, counseling, self-help mortgage assistance programs and technical assistance for self-help and shared housing through grants and loans.
- Establishes a federal and state low-income housing tax credit program (LIHTC), which provides an indirect subsidy to incentivize the private development of affordable rental housing for low-income households.
This bill requires all state and local programs designed to facilitate home ownership or residence, including loan origination and repayment programs, downpayment assistance, and tax credits, to include manufactured housing. A CalHFA loan program is deemed to comply if it includes manufactured housing in conformance with a government sponsored enterprise’s guidelines and CalHFA’s lending partners’ guidelines.
Comments
- Purpose of the bill. According to the author, mobilehome parks and manufactured home communities are in constant decay and in high demand. In many cases, manufactured homes are the last bastion of affordable housing. Manufactured home communities house many seniors, immigrants, and individuals on fixed incomes. Many of these residents are in difficult financial situations where they could be one day away from homelessness. Even though low-income families live in mobilehome parks, parks they are not considered affordable housing. Thus, residents are excluded from resources to improve the homes, such as energy efficiency or replacement of new manufactured homes. Improving the housing stock in manufactured home communities will improve the quality of life of these residents rather than maintaining the aluminum 1970 models that are found across the state.
A recent HCD report noted that advances in technology and regulation have resulted in high-quality homes, with greater energy efficiency than past generations, and at cost that is 10 to 20 percent per square foot less than conventionally built homes. Prospective homeowners and residents should have an opportunity to apply for state and local housing programs regardless of whether they seek to purchase a manufactured or traditional single family home. To the extent that state and local programs fail to include manufactured housing, those programs may effectively prevent some applicants from purchasing an affordable manufactured home within their community.
- Is this really a problem? According to the sponsors and supporters, this bill permits state and local housing programs that offer down-payment assistance and tax credits to include manufactured housing. It appears that all HCD programs already permit manufactured housing projects to qualify for funding. Under federal law, LIHTC may be used to finance manufactured housing that is affixed to a foundation (real estate) and rented (not sold) to the residents, however it prohibits tax credits from funding traditional parks where one party owns the land and rents spaces to homeowners. Given that federal law supersedes state law, this bill would not change these existing prohibitions.
- Opposition. Writing in opposition, the California Association of Realtors (CAR) would like to see this bill apply only to programs on a forward looking basis. According to CAR, single-family homes only receive about 20% of the existing affordable housing program funding. This bill requires every agency managing affordable housing funding to re-open regulations to include manufactured housing with existing operational programs, thus diverting limited resources away from single-family housing.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
California Manufactured Housing Institute (source)
Golden State Manufactured Home Owners League
Western Manufactured Housing Communities Association
OPPOSITION: (Verified 5/22/17)
California Association of Realtors
5/25/17 9:50:22
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SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2017 - 2018 Regular
Bill No: SB 329 Hearing Date: 4/18/2017
Author: | Leyva | ||
Version: | 2/13/2017 Introduced | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Alison Hughes | ||
SUBJECT: Manufactured homes: financial assistance programs
DIGEST: This bill requires all state and local programs designed to facilitate home ownership or residence to include manufactured housing.
ANALYSIS:
Existing law:
- Establishes a number of programs at the Department of Housing and Community Development (HCD) and the California Housing Finance Agency (CalHFA) to make housing more affordable to California families and individuals, including the following main programs:
- Multifamily Housing Program, which funds the new construction, rehabilitation, and preservation of permanent and transitional rental homes for lower income households through loans to local governments, non-profit developers, and for-profit developers.
- Joe Serna, Jr., Farmworker Housing Program, which funds the development of ownership or rental homes for agricultural workers through grants to local governments and non-profit organizations.
- CalHome Program, which funds downpayment assistance, home rehabilitation, counseling, self-help mortgage assistance programs and technical assistance for self-help and shared housing through grants and loans.
- Establishes a federal and state low-income housing tax credit program (LIHTC), which provides an indirect subsidy to incentivize the private development of affordable rental housing for low-income households.
This bill requires all state and local programs designed to facilitate home ownership or residence, including loan origination and repayment programs, downpayment assistance, and tax credits, to include manufactured housing.
COMMENTS:
1) Purpose of the bill. According to the author, mobilehome parks and manufactured home communities are in constant decay and in high demand. In many cases, manufactured homes are the last bastion of affordable housing. Manufactured home communities house many seniors, immigrants, and individuals on fixed incomes. Many of these residents are in difficult financial situations where they could be one day away from homelessness. Even though low-income families live in mobilehome parks, parks they are not considered affordable housing. Thus, residents are excluded from resources to improve the homes, such as energy efficiency or replacement of new manufactured homes. Improving the housing stock in manufactured home communities will improve the quality of life of these residents rather than maintaining the aluminum 1970 models that are found across the state.
A recent HCD report noted that advances in technology and regulation have resulted in high-quality homes, with greater energy efficiency than past generations, and at cost that is 10 to 20 percent per square foot less than conventionally built homes. Prospective homeowners and residents should have an opportunity to apply for state and local housing programs regardless of whether they seek to purchase a manufactured or traditional single family home. To the extent that state and local programs fail to include manufactured housing, those programs may effectively prevent some applicants from purchasing an affordable manufactured home within their community.
2) Is this really a problem? According to the sponsors and supporters, this bill would permit state and local housing programs that offer down-payment assistance and tax credits to include manufactured housing. It appears that all HCD programs already permit manufactured housing projects to qualify for funding. Under federal law, LIHTC may be used to finance manufactured housing that is affixed to a foundation (real estate) and rented (not sold) to the residents, however it prohibits tax credits from funding traditional parks where one party owns the land and rents spaces to homeowners. Given that federal law supersedes state law, this bill would not change these existing prohibitions.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
POSITIONS: (Communicated to the committee before noon on Wednesday,
April 12, 2017.)
SUPPORT:
California Manufactured Housing Institute (sponsor)
Golden State Manufactured Home Owners League
Western Manufactured Housing Communities Association
OPPOSITION:
None received.
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Discussed in Hearing
Senate Floor
Assembly Floor
Assembly Standing Committee on Appropriations
Assembly Standing Committee on Housing and Community Development
Senate Floor
Senate Standing Committee on Transportation and Housing
Bill Author
Bill Co-Author(s):