California AB 754

Existing law, the Floating Home Residency Law, prescribes various terms and conditions on tenancies in floating home marinas, as defined. Existing law, until January 1, 2030, prohibits management of a floating home marina located in the Counties of Alameda, Contra Costa, or Marin from increasing the gross rental rate for a tenancy for a floating home berth in a floating home marina more than 3% plus the percentage change in the cost of living, or 5%, whichever is lower, of the lowest gross rental rate charged for a tenancy at any time during the 12 months prior to the effective date of the increase. Existing law prohibits management of a floating home marina from increasing the rent of a new homeowner that purchases a floating home in the marina if the purchase qualifies as an in-place transfer, as defined. This bill would, until January 1, 2038, prohibit management of a floating home marina located in the County of Marin from increasing the above-described rent more than the percent change in the cost of living, as specified, over the course of any 12-month period. The bill would require management to provide notice of any rental rate increases to each homeowner, as specified. The bill would specify that its provisions apply to rent increases for a tenancy in a floating home marina occurring on or after July 1, 2025. The bill would provide that in the event that management increases the rent by more than the amount specified above between July 1, 2025, and January 1, 2026, then the applicable rent on January 1, 2026, is the rent as of July 1, 2025, plus the maximum permissible increase, and that management is not liable to the homeowner for any corresponding rent overpayment. This bill would, until January 1, 2038, in the event that an in-place transfer of a floating home involves the sale of a floating home subject to an existing lease with a 10-year or longer term or that was offered a lease of that term between 2 years and 6 months prior to the time of the sale, except as specified, permit management of a floating home marina located in the County of Marin to establish a new initial rental rate for a prospective homeowner, subject to specified conditions, including that the final sale price of the home provided to the marina owner shall be certified and substantiated in writing to be true under penalty of perjury by the buyer. By expanding the crime of perjury, this bill would impose a state-mandated local program. This bill would exempt specified floating home berths from the rental rate increase limitations. The bill would void any waiver of the rights provided under these provisions and would provide that its provisions do not affect specified authority of local governments. Existing law prohibits a homeowner from being charged a fee when obtaining a rental agreement on a floating home berth for a term of 12 months or a lesser period, or for charges other than rent, utilities, and incidental charges, as specified. This bill would, until January 1, 2038, for a floating home marina located in the County of Marin, require that fees for utilities and incidental reasonable charges reflect actual costs, and would require a marina owner to demonstrate for all fees charged to a homeowner that the service was, or is currently being, actually rendered. The bill would prohibit marina owners from charging a fee to a homeowner for enforcement of marina rules. This bill would make conforming changes. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Marin. 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.