California SB 1093

(1) Existing law establishes the Department of Housing and Community Development (the department) and requires it to administer various programs intended to promote the development of housing, including mobilehome parks, as defined. Existing law, the Planning and Zoning Law, requires, before the conversion of a mobilehome park to another use, except as specified, or before closure of a mobilehome park or cessation of use of the land as a mobilehome park, the person or entity proposing the change in use to file a report on the impact of the conversion, closure, or cessation of use of the mobilehome park. Existing law requires the impact report to include a replacement and relocation plan that adequately mitigates the impact upon the ability of the displaced residents of the mobilehome park to find adequate housing in a mobilehome park. Existing law requires the report, if a closure, cessation, or change of use is the result of damage or destruction of the mobilehome park by a disaster, as defined, to include a technical service inspection report from the department that identifies the observed conditions within the park. Existing law, the Mobilehome Residency Law, governs the terms and conditions of residency in mobilehome parks. Existing law requires management, as defined, of a mobilehome park to offer the previous homeowner a right of first refusal to a renewed tenancy in the park if the park is destroyed due to a wildfire or other natural disaster and management elects to rebuild the park in the same location. Existing law, when a mobilehome tenancy is terminated due to damage or the destruction of the mobilehome park or any space as a result of a disaster, as defined, requires management to return to the homeowner any advance rental payments received from the homeowner that cover any period of time after the date of the termination, and discharges the homeowner's obligation to pay rent during any period that a homeowner is unable to occupy their mobilehome or mobilehome space due to a mandatory evacuation order pursuant to a disaster. This bill would require management to make a good faith effort to provide written status updates once per week for the first 4 weeks after a park is damaged by a disaster, resulting in one or more mobilehome units being rendered inaccessible to an existing mobilehome resident, and monthly thereafter until each displaced resident is allowed to return to occupying their mobilehome site or the mobilehome park receives final approval of a change of use, cessation of use, or closure, to the displaced residents of the park, as provided. The bill would prohibit management from restricting a resident of the park from accessing their mobilehome or mobilehome site during regular business hours to collect belongings or inspect damage to their mobilehome on any date later than 7 days after evacuation orders are officially lifted or downgraded by the local governing authority to resident-access only and would require any waiver of liability distributed by management to be limited to immunity for harm resulting from the resident accessing the mobilehome, mobilehome site, or mobilehome park. This bill would require management, before initiating or while pursuing a change of use, cessation of use, or closure related to damage or destruction of the mobilehome park by a disaster, to at least reasonably evaluate the known and estimated costs for rebuilding and reopening the park and identify all potential resources from a list maintained by the department. The bill would require the department to maintain a list of mobilehome-related programs and opportunities that could support rehabilitation or rebuilding of a mobilehome park affected by a disaster declaration and require the department to make the list available on the department's internet website. The bill would require management to submit documentation demonstrating completion of those evaluations and investigations to the department, the local jurisdiction in which the park is situated, and the residents of the mobilehome park, and would prohibit the department and that local jurisdiction from issuing or amending specified approvals and permits to management until that documentation has been submitted. By placing new requirements on local jurisdictions in which mobilehome parks are situated, this bill would impose a state-mandated local program. This bill would authorize a jurisdiction with enforcement power to require debris removal and specified testing if a mobilehome park is damaged or destroyed in a disaster resulting in one or more mobilehome units being rendered inaccessible to an existing mobilehome resident, as provided. The bill would authorize a resident organization, a displaced resident of the mobilehome park, or a public attorney, as specified, to bring an action against management that willfully violates these provisions, as provided. (2) The Planning and Zoning Law requires a legislative body, or its delegated advisory agency, before the approval of any change of use of the mobilehome park, to review the report and any additional relevant documentation and make specified findings regarding the effect on housing opportunities within the local jurisdiction. The bill would additionally provide that before the approval of any change of use the legislative body shall review documentation compliance with the specified evaluations and investigations required by the bill, and that management shall not receive approval of any change of use by the legislative body if management fails to submit that documentation. The Planning and Zoning Law also requires a legislative body, or its delegated advisory agency, before the approval of any change of use of the mobilehome park, to make a finding as to whether or not approval of the park closure and the park's conversion into its intended new use will result in or materially contribute to a shortage of housing opportunities and choices for low- and moderate-income households within the local jurisdiction. This bill would also require that finding to consider the costs of closure or conversion to the residents of the park for which closure or conversion is sought. By placing new requirements on local legislative bodies when approving a change of use for mobilehome parks, this bill would impose a state-mandated local program. (3) The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. (4) 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.