SENIOR ASSEMBLY PROPOSAL NO. 23

INTRODUCED BY SENIOR ASSEMBLY MEMBER MOLNAR

(COAUTHORS: SENIOR SENATORS MACK AND WINSLOW)

 

LEGISLATIVE COUNSEL'S DIGEST

AP 23: MOBILEHOMES: EQUITY LOSS.

THE MOBILEHOME RESIDENCY LAW GENERALLY REGULATES THE TERMS AND CONDITIONS OF MOBILEHOME TENANCIES IN MOBILEHOME PARKS, INCLUDING MANUFACTURED HOMES. UNDER EXISTING LAW, CERTAIN RENTAL AGREEMENTS RELATING TO MOBILEHOMES ARE EXEMPT FROM ANY LOCAL MEASURE ESTABLISHING THE MAXIMUM AMOUNT THAT A LANDLORD MAY CHARGE A TENANT FOR RENT.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD GIVE LOCAL CITY AND COUNTY JURISDICTIONS GUIDANCE AND ASSISTANCE IN PROHIBITING MANUFACTURED HOME AND MOBILEHOME PARK OWNERS FROM TAKING ANY ACTION THAT WILL RESULT IN A LOSS OF EQUITY IN THE HOME OF A TENANT ON THEIR PROPERTY INCLUDING REVISING AND STRENGTHENING RENT CONTROL AND OTHER PROPERTY CONTROL ORDINANCES.

VOTE: MAJORITY.

AP 23: RELATING TO MOBILEHOMES

WHEREAS, WITH MORE THAN 700,000 MANUFACTURED HOMES AND MOBILEHOMES IN CALIFORNIA HOUSING A LARGE PERCENTAGE OF SENIORS ON LIMITED INCOME OR ECONOMICALLY CHALLENGED TENANTS, WHOSE EQUITY IN THEIR HOMES IS THEIR PRIMARY FINANCIAL ASSET; AND

WHEREAS, IN THE EVENT AN ILL OR ELDERLY PERSON REQUIRES ASSISTANCE IN A NURSING FACILITY, THERE MAY BE NO HOME EQUITY TO PAY FOR THAT NEEDED HEALTH CARE; AND

WHEREAS, THE HISTORY OF HOME EQUITY LOSS DUE TO LOSS OF RENT CONTROL IS WELL DOCUMENTED; AND

WHEREAS, DEFENDING RENT CONTROL ORDINANCES AND OTHER PROPERTY CONTROL LAWS IS EXTREMELY COSTLY FOR LOCAL GOVERNMENTS THAT ARE IN A SERIOUS BUDGET CRISIS; AND

WHEREAS, THE SOLUTION TO THESE PROBLEMS APPEARS TO BE STATE LEGISLATION THAT WILL ASSIST LOCAL GOVERNMENTS IN REVISING AND STRENGTHENING RENT CONTROL AND OTHER PROPERTY CONTROL ORDINANCES TO OFFER HOME EQUITY PROTECTIONS TO SENIORS AND LOW 45 INCOME RESIDENTS; NOW, THEREFORE, BE IT

RESOLVED, BY THE SENIOR ASSEMBLY AND THE SENIOR SENATE, JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2010 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT LOCAL CITY AND COUNTY JURISDICTIONS BE GIVEN GUIDANCE AND ASSISTANCE IN PROHIBITING MANUFACTURED HOME AND MOBILEHOME PARK OWNERS FROM TAKING ANY ACTION THAT WILL RESULT IN A LOSS OF EQUITY IN THE HOME OF A TENANT ON THEIR PROPERTY; AND BE if FURTHER

RESOLVED, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA RESPECTFULLY MEMORIALIZES THE LEGISLATURE AND THE GOVERNOR TO ENACT APPROPRIATE LEGISLATION THAT WOULD ADDRESS THE CONCERNS SET FORTH IN THIS MEASURE; AND BE IT FURTHER

RESOLVED, THAT A COPY OF THIS MEASURE BE TRANSMITTED TO THE SPEAKER OF THE ASSEMBLY, THE PRESIDENT PRO TEMPORE OF THE SENATE, AND THE GOVERNOR OF THE STATE OF CALIFORNIA.

RN 10 13841

- 0 -