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| 1 | + | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2690Introduced by Assembly Member LowFebruary 20, 2020 An act to add Section 798.46 to, and repeal Section 798.45 of, the Civil Code, relating to mobilehomes. LEGISLATIVE COUNSEL'S DIGESTAB 2690, as introduced, Low. Mobilehome parks: local ordinances: rent stabilization ordinances.Existing law, the Mobilehome Residency Law, prescribes various terms and conditions of tenancies in mobilehome parks. Existing law exempts new construction, defined as spaces initially held out for rent after January 1, 1990, from any ordinance, rule, regulation, or initiative measure adopted by a city or county, which establishes a maximum amount that a landlord may charge a tenant for rent.This bill would repeal the exemption regarding new construction and ordinances, rules, regulations, and initiative measures. This bill would require each city or county, by January 1, 2023, to adopt a mobilehome park rent stabilization ordinance, as defined, or to submit a justification in writing to the Department of Housing and Community Development on a form developed by the department as to why the city or county will not adopt a mobilehome park rent stabilization ordinance. By requiring cities and counties to adopt a rent stabilization ordinance or justify not doing so, the bill would impose a state-mandated local program.This bill would require each city or county that adopts a mobilehome park rent stabilization ordinance pursuant to these provisions to submit the ordinance to the department within 30 days of adoption. The bill would require the department to post each mobilehome park rent stabilization ordinance submitted pursuant to these provisions on its internet website by January 1, 2024. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 798.45 of the Civil Code is repealed.798.45.Notwithstanding Section 798.17, new construction as defined in Section 798.7, shall be exempt from any ordinance, rule, regulation, or initiative measure adopted by any city, county, or city and county, which establishes a maximum amount that a landlord may charge a tenant for rent.SEC. 2. Section 798.46 is added to the Civil Code, to read:798.46. (a) Each city, county, or city and county, shall, by January 1, 2023, do one of the following: (1) Adopt a mobilehome park rent stabilization ordinance.(2) (A) Adopt and submit to the Department of Housing and Community Development, in writing, a justification as to why a mobilehome park rent stabilization ordinance is not necessary for the city, county, or city and county.(B) The department shall, by January 1, 2022, establish a standardized form for use by a city, county, or city and county that declines to adopt a mobilehome park rent stabilization ordinance. The form shall be used by the governing body to explain its decision not to adopt the ordinance. The form shall be designed so as to require the governing board to consider all relevant factors and to elicit thoughtful analysis of those factors. The form shall be made available on the departments internet website.(b) Each city or county with an existing mobilehome park rent stabilization ordinance shall submit a copy of that ordinance to the department. A city or county that adopts a mobilehome park rent stabilization ordinance pursuant to paragraph (1) of subdivision (a) shall submit the ordinance to the department within 30 days of adoption.(c) The department shall post all mobilehome park rent stabilization ordinances submitted pursuant to subdivision (a) on its internet website by January 1, 2024.(d) For purposes of this section, mobilehome park rent stabilization ordinance means an ordinance that establishes the maximum rental rate increase that park management may impose under a rental agreement.SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2690Introduced by Assembly Member LowFebruary 20, 2020 An act to add Section 798.46 to, and repeal Section 798.45 of, the Civil Code, relating to mobilehomes. LEGISLATIVE COUNSEL'S DIGESTAB 2690, as introduced, Low. Mobilehome parks: local ordinances: rent stabilization ordinances.Existing law, the Mobilehome Residency Law, prescribes various terms and conditions of tenancies in mobilehome parks. Existing law exempts new construction, defined as spaces initially held out for rent after January 1, 1990, from any ordinance, rule, regulation, or initiative measure adopted by a city or county, which establishes a maximum amount that a landlord may charge a tenant for rent.This bill would repeal the exemption regarding new construction and ordinances, rules, regulations, and initiative measures. This bill would require each city or county, by January 1, 2023, to adopt a mobilehome park rent stabilization ordinance, as defined, or to submit a justification in writing to the Department of Housing and Community Development on a form developed by the department as to why the city or county will not adopt a mobilehome park rent stabilization ordinance. By requiring cities and counties to adopt a rent stabilization ordinance or justify not doing so, the bill would impose a state-mandated local program.This bill would require each city or county that adopts a mobilehome park rent stabilization ordinance pursuant to these provisions to submit the ordinance to the department within 30 days of adoption. The bill would require the department to post each mobilehome park rent stabilization ordinance submitted pursuant to these provisions on its internet website by January 1, 2024. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES | |
| 4 | 4 | ||
| 5 | - | Amended IN Assembly May 04, 2020 | |
| 6 | 5 | ||
| 7 | - | Amended IN Assembly May 04, 2020 | |
| 6 | + | ||
| 7 | + | ||
| 8 | 8 | ||
| 9 | 9 | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION | |
| 10 | 10 | ||
| 11 | 11 | Assembly Bill | |
| 12 | 12 | ||
| 13 | 13 | No. 2690 | |
| 14 | 14 | ||
| 15 | 15 | Introduced by Assembly Member LowFebruary 20, 2020 | |
| 16 | 16 | ||
| 17 | 17 | Introduced by Assembly Member Low | |
| 18 | 18 | February 20, 2020 | |
| 19 | 19 | ||
| 20 | - | An act to add Section 798.46 to, and repeal Section 798.45 of, | |
| 20 | + | An act to add Section 798.46 to, and repeal Section 798.45 of, the Civil Code, relating to mobilehomes. | |
| 21 | 21 | ||
| 22 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 23 | ||
| 24 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 25 | ||
| 26 | - | AB 2690, as | |
| 26 | + | AB 2690, as introduced, Low. Mobilehome parks: local ordinances: rent stabilization ordinances. | |
| 27 | 27 | ||
| 28 | - | Existing law, the Mobilehome Residency Law, prescribes various terms and conditions of tenancies in mobilehome parks. Existing law exempts new construction, defined as spaces initially held out for rent after January 1, 1990, from any ordinance, rule, regulation, or initiative measure adopted by a city or county, which establishes a maximum amount that a landlord may charge a tenant for rent.This bill would repeal the exemption regarding new construction and | |
| 28 | + | Existing law, the Mobilehome Residency Law, prescribes various terms and conditions of tenancies in mobilehome parks. Existing law exempts new construction, defined as spaces initially held out for rent after January 1, 1990, from any ordinance, rule, regulation, or initiative measure adopted by a city or county, which establishes a maximum amount that a landlord may charge a tenant for rent.This bill would repeal the exemption regarding new construction and ordinances, rules, regulations, and initiative measures. This bill would require each city or county, by January 1, 2023, to adopt a mobilehome park rent stabilization ordinance, as defined, or to submit a justification in writing to the Department of Housing and Community Development on a form developed by the department as to why the city or county will not adopt a mobilehome park rent stabilization ordinance. By requiring cities and counties to adopt a rent stabilization ordinance or justify not doing so, the bill would impose a state-mandated local program.This bill would require each city or county that adopts a mobilehome park rent stabilization ordinance pursuant to these provisions to submit the ordinance to the department within 30 days of adoption. The bill would require the department to post each mobilehome park rent stabilization ordinance submitted pursuant to these provisions on its internet website by January 1, 2024. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. | |
| 29 | 29 | ||
| 30 | 30 | Existing law, the Mobilehome Residency Law, prescribes various terms and conditions of tenancies in mobilehome parks. Existing law exempts new construction, defined as spaces initially held out for rent after January 1, 1990, from any ordinance, rule, regulation, or initiative measure adopted by a city or county, which establishes a maximum amount that a landlord may charge a tenant for rent. | |
| 31 | 31 | ||
| 32 | - | This bill would repeal the exemption regarding new construction and | |
| 32 | + | This bill would repeal the exemption regarding new construction and ordinances, rules, regulations, and initiative measures. This bill would require each city or county, by January 1, 2023, to adopt a mobilehome park rent stabilization ordinance, as defined, or to submit a justification in writing to the Department of Housing and Community Development on a form developed by the department as to why the city or county will not adopt a mobilehome park rent stabilization ordinance. By requiring cities and counties to adopt a rent stabilization ordinance or justify not doing so, the bill would impose a state-mandated local program. | |
| 33 | 33 | ||
| 34 | 34 | This bill would require each city or county that adopts a mobilehome park rent stabilization ordinance pursuant to these provisions to submit the ordinance to the department within 30 days of adoption. The bill would require the department to post each mobilehome park rent stabilization ordinance submitted pursuant to these provisions on its internet website by January 1, 2024. | |
| 35 | 35 | ||
| 36 | - | ||
| 37 | - | ||
| 38 | 36 | 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. | |
| 39 | 37 | ||
| 40 | - | ||
| 41 | - | ||
| 42 | 38 | This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. | |
| 43 | - | ||
| 44 | - | ||
| 45 | 39 | ||
| 46 | 40 | ## Digest Key | |
| 47 | 41 | ||
| 48 | 42 | ## Bill Text | |
| 49 | 43 | ||
| 50 | - | The people of the State of California do enact as follows:SECTION 1. Section 798.45 of the Civil Code is repealed.SEC. 2.Section 798.46 is added to the Civil Code, to read:798.46.(a)Each city, county, or city and county, shall, by January 1, 2023, do one of the following: (1)Adopt a mobilehome park rent stabilization ordinance.(2)(A)Adopt and submit to the Department of Housing and Community Development, in writing, a justification as to why a mobilehome park rent stabilization ordinance is not necessary for the city, county, or city and county.(B)The department shall, by January 1, 2022, establish a standardized form for use by a city, county, or city and county that declines to adopt a mobilehome park rent stabilization ordinance. The form shall be used by the governing body to explain its decision not to adopt the ordinance. The form shall be designed so as to require the governing board to consider all relevant factors and to elicit thoughtful analysis of those factors. The form shall be made available on the departments internet website.(b)Each city or county with an existing mobilehome park rent stabilization ordinance shall submit a copy of that ordinance to the department. A city or county that adopts a mobilehome park rent stabilization ordinance pursuant to paragraph (1) of subdivision (a) shall submit the ordinance to the department within 30 days of adoption.(c)The department shall post all mobilehome park rent stabilization ordinances submitted pursuant to subdivision (a) on its internet website by January 1, 2024.(d)For purposes of this section, mobilehome park rent stabilization ordinance means an ordinance that establishes the maximum rental rate increase that park management may impose under a rental agreement.SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 44 | + | The people of the State of California do enact as follows:SECTION 1. Section 798.45 of the Civil Code is repealed.798.45.Notwithstanding Section 798.17, new construction as defined in Section 798.7, shall be exempt from any ordinance, rule, regulation, or initiative measure adopted by any city, county, or city and county, which establishes a maximum amount that a landlord may charge a tenant for rent.SEC. 2. Section 798.46 is added to the Civil Code, to read:798.46. (a) Each city, county, or city and county, shall, by January 1, 2023, do one of the following: (1) Adopt a mobilehome park rent stabilization ordinance.(2) (A) Adopt and submit to the Department of Housing and Community Development, in writing, a justification as to why a mobilehome park rent stabilization ordinance is not necessary for the city, county, or city and county.(B) The department shall, by January 1, 2022, establish a standardized form for use by a city, county, or city and county that declines to adopt a mobilehome park rent stabilization ordinance. The form shall be used by the governing body to explain its decision not to adopt the ordinance. The form shall be designed so as to require the governing board to consider all relevant factors and to elicit thoughtful analysis of those factors. The form shall be made available on the departments internet website.(b) Each city or county with an existing mobilehome park rent stabilization ordinance shall submit a copy of that ordinance to the department. A city or county that adopts a mobilehome park rent stabilization ordinance pursuant to paragraph (1) of subdivision (a) shall submit the ordinance to the department within 30 days of adoption.(c) The department shall post all mobilehome park rent stabilization ordinances submitted pursuant to subdivision (a) on its internet website by January 1, 2024.(d) For purposes of this section, mobilehome park rent stabilization ordinance means an ordinance that establishes the maximum rental rate increase that park management may impose under a rental agreement.SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 51 | 45 | ||
| 52 | 46 | The people of the State of California do enact as follows: | |
| 53 | 47 | ||
| 54 | 48 | ## The people of the State of California do enact as follows: | |
| 55 | 49 | ||
| 56 | - | SECTION 1. Section 798.45 of the Civil Code is repealed. | |
| 50 | + | SECTION 1. Section 798.45 of the Civil Code is repealed.798.45.Notwithstanding Section 798.17, new construction as defined in Section 798.7, shall be exempt from any ordinance, rule, regulation, or initiative measure adopted by any city, county, or city and county, which establishes a maximum amount that a landlord may charge a tenant for rent. | |
| 57 | 51 | ||
| 58 | 52 | SECTION 1. Section 798.45 of the Civil Code is repealed. | |
| 59 | 53 | ||
| 60 | 54 | ### SECTION 1. | |
| 61 | 55 | ||
| 56 | + | 798.45.Notwithstanding Section 798.17, new construction as defined in Section 798.7, shall be exempt from any ordinance, rule, regulation, or initiative measure adopted by any city, county, or city and county, which establishes a maximum amount that a landlord may charge a tenant for rent. | |
| 62 | 57 | ||
| 63 | 58 | ||
| 64 | 59 | ||
| 60 | + | Notwithstanding Section 798.17, new construction as defined in Section 798.7, shall be exempt from any ordinance, rule, regulation, or initiative measure adopted by any city, county, or city and county, which establishes a maximum amount that a landlord may charge a tenant for rent. | |
| 65 | 61 | ||
| 66 | 62 | ||
| 67 | 63 | ||
| 68 | - | (a)Each city, county, or city and county, shall, by January 1, 2023, do one of the following: | |
| 64 | + | SEC. 2. Section 798.46 is added to the Civil Code, to read:798.46. (a) Each city, county, or city and county, shall, by January 1, 2023, do one of the following: (1) Adopt a mobilehome park rent stabilization ordinance.(2) (A) Adopt and submit to the Department of Housing and Community Development, in writing, a justification as to why a mobilehome park rent stabilization ordinance is not necessary for the city, county, or city and county.(B) The department shall, by January 1, 2022, establish a standardized form for use by a city, county, or city and county that declines to adopt a mobilehome park rent stabilization ordinance. The form shall be used by the governing body to explain its decision not to adopt the ordinance. The form shall be designed so as to require the governing board to consider all relevant factors and to elicit thoughtful analysis of those factors. The form shall be made available on the departments internet website.(b) Each city or county with an existing mobilehome park rent stabilization ordinance shall submit a copy of that ordinance to the department. A city or county that adopts a mobilehome park rent stabilization ordinance pursuant to paragraph (1) of subdivision (a) shall submit the ordinance to the department within 30 days of adoption.(c) The department shall post all mobilehome park rent stabilization ordinances submitted pursuant to subdivision (a) on its internet website by January 1, 2024.(d) For purposes of this section, mobilehome park rent stabilization ordinance means an ordinance that establishes the maximum rental rate increase that park management may impose under a rental agreement. | |
| 65 | + | ||
| 66 | + | SEC. 2. Section 798.46 is added to the Civil Code, to read: | |
| 67 | + | ||
| 68 | + | ### SEC. 2. | |
| 69 | + | ||
| 70 | + | 798.46. (a) Each city, county, or city and county, shall, by January 1, 2023, do one of the following: (1) Adopt a mobilehome park rent stabilization ordinance.(2) (A) Adopt and submit to the Department of Housing and Community Development, in writing, a justification as to why a mobilehome park rent stabilization ordinance is not necessary for the city, county, or city and county.(B) The department shall, by January 1, 2022, establish a standardized form for use by a city, county, or city and county that declines to adopt a mobilehome park rent stabilization ordinance. The form shall be used by the governing body to explain its decision not to adopt the ordinance. The form shall be designed so as to require the governing board to consider all relevant factors and to elicit thoughtful analysis of those factors. The form shall be made available on the departments internet website.(b) Each city or county with an existing mobilehome park rent stabilization ordinance shall submit a copy of that ordinance to the department. A city or county that adopts a mobilehome park rent stabilization ordinance pursuant to paragraph (1) of subdivision (a) shall submit the ordinance to the department within 30 days of adoption.(c) The department shall post all mobilehome park rent stabilization ordinances submitted pursuant to subdivision (a) on its internet website by January 1, 2024.(d) For purposes of this section, mobilehome park rent stabilization ordinance means an ordinance that establishes the maximum rental rate increase that park management may impose under a rental agreement. | |
| 71 | + | ||
| 72 | + | 798.46. (a) Each city, county, or city and county, shall, by January 1, 2023, do one of the following: (1) Adopt a mobilehome park rent stabilization ordinance.(2) (A) Adopt and submit to the Department of Housing and Community Development, in writing, a justification as to why a mobilehome park rent stabilization ordinance is not necessary for the city, county, or city and county.(B) The department shall, by January 1, 2022, establish a standardized form for use by a city, county, or city and county that declines to adopt a mobilehome park rent stabilization ordinance. The form shall be used by the governing body to explain its decision not to adopt the ordinance. The form shall be designed so as to require the governing board to consider all relevant factors and to elicit thoughtful analysis of those factors. The form shall be made available on the departments internet website.(b) Each city or county with an existing mobilehome park rent stabilization ordinance shall submit a copy of that ordinance to the department. A city or county that adopts a mobilehome park rent stabilization ordinance pursuant to paragraph (1) of subdivision (a) shall submit the ordinance to the department within 30 days of adoption.(c) The department shall post all mobilehome park rent stabilization ordinances submitted pursuant to subdivision (a) on its internet website by January 1, 2024.(d) For purposes of this section, mobilehome park rent stabilization ordinance means an ordinance that establishes the maximum rental rate increase that park management may impose under a rental agreement. | |
| 73 | + | ||
| 74 | + | 798.46. (a) Each city, county, or city and county, shall, by January 1, 2023, do one of the following: (1) Adopt a mobilehome park rent stabilization ordinance.(2) (A) Adopt and submit to the Department of Housing and Community Development, in writing, a justification as to why a mobilehome park rent stabilization ordinance is not necessary for the city, county, or city and county.(B) The department shall, by January 1, 2022, establish a standardized form for use by a city, county, or city and county that declines to adopt a mobilehome park rent stabilization ordinance. The form shall be used by the governing body to explain its decision not to adopt the ordinance. The form shall be designed so as to require the governing board to consider all relevant factors and to elicit thoughtful analysis of those factors. The form shall be made available on the departments internet website.(b) Each city or county with an existing mobilehome park rent stabilization ordinance shall submit a copy of that ordinance to the department. A city or county that adopts a mobilehome park rent stabilization ordinance pursuant to paragraph (1) of subdivision (a) shall submit the ordinance to the department within 30 days of adoption.(c) The department shall post all mobilehome park rent stabilization ordinances submitted pursuant to subdivision (a) on its internet website by January 1, 2024.(d) For purposes of this section, mobilehome park rent stabilization ordinance means an ordinance that establishes the maximum rental rate increase that park management may impose under a rental agreement. | |
| 69 | 75 | ||
| 70 | 76 | ||
| 71 | 77 | ||
| 78 | + | 798.46. (a) Each city, county, or city and county, shall, by January 1, 2023, do one of the following: | |
| 79 | + | ||
| 72 | 80 | (1) Adopt a mobilehome park rent stabilization ordinance. | |
| 73 | - | ||
| 74 | - | ||
| 75 | 81 | ||
| 76 | 82 | (2) (A) Adopt and submit to the Department of Housing and Community Development, in writing, a justification as to why a mobilehome park rent stabilization ordinance is not necessary for the city, county, or city and county. | |
| 77 | 83 | ||
| 78 | - | ||
| 79 | - | ||
| 80 | 84 | (B) The department shall, by January 1, 2022, establish a standardized form for use by a city, county, or city and county that declines to adopt a mobilehome park rent stabilization ordinance. The form shall be used by the governing body to explain its decision not to adopt the ordinance. The form shall be designed so as to require the governing board to consider all relevant factors and to elicit thoughtful analysis of those factors. The form shall be made available on the departments internet website. | |
| 81 | - | ||
| 82 | - | ||
| 83 | 85 | ||
| 84 | 86 | (b) Each city or county with an existing mobilehome park rent stabilization ordinance shall submit a copy of that ordinance to the department. A city or county that adopts a mobilehome park rent stabilization ordinance pursuant to paragraph (1) of subdivision (a) shall submit the ordinance to the department within 30 days of adoption. | |
| 85 | 87 | ||
| 86 | - | ||
| 87 | - | ||
| 88 | 88 | (c) The department shall post all mobilehome park rent stabilization ordinances submitted pursuant to subdivision (a) on its internet website by January 1, 2024. | |
| 89 | - | ||
| 90 | - | ||
| 91 | 89 | ||
| 92 | 90 | (d) For purposes of this section, mobilehome park rent stabilization ordinance means an ordinance that establishes the maximum rental rate increase that park management may impose under a rental agreement. | |
| 93 | 91 | ||
| 92 | + | SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 94 | 93 | ||
| 94 | + | SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 95 | 95 | ||
| 96 | + | SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 96 | 97 | ||
| 97 | - | ||
| 98 | - | If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 98 | + | ### SEC. 3. |