Manufactured Home Buyers and Senate Bill 132

The ability of a local ordinance to apply to "prospective buyers" is evidenced by the fact that state law has specifically deferred such a power to the locals. The legislature history of California Senate Bill 132, a 1991 urgency measure which amended Civil Code Section 798.17 for the precise purpose of avoiding the preemption argument, is filled with evidence that the intent of the California legislature was to allow this type of local regulation. The bill itself states that amendment was necessary "due to the inadvertent preemption of local ordinances" caused by Senate Bill 2009, which had been enacted the previous year. In a letter from the author of the Bill, Senator William Craven, to the Governor, the intent to allow local governments to protect new buyers was clearly stated:

"SB-2009 effectively, but unintentionally, preempted the ability of some local governments, such as Escondido and others in my district, to deal with the mandatory lease problem. . . .

It was certainly not my intent in authoring 2009, to create the kind of chaos that we have now experienced in mobilehome parks in the cities affected by the bill, nor do I believe it was the intent of the legislature or the Governor to preempt local control. . . .

. . . By simply repealing SB-2009, we are basically going back to square one on lease issues. Park owners will still have the rent control-exempt feature for long term leases as a State policy, but, as was the case prior to 1/1/91, will not be able to force people to sign such leases as a condition of tenancy in those instances where local governments have chosen to specifically protect prospective mobilehome owners by local ordinance." (Emphasis Added)

In two jurisdictions where prospective purchaser protections have been challenged, Superior Courts have rejected the park owner's claims of preemption and have upheld prospective purchaser ordinance protections. (1)

REFERENCES

1. See City of Escondido v. Escondido Mobilepark West (June 2, 1993) San Diego County Superior Court, North County Branch, Case No. N53543; De Anza Assets. Inc. v. City of San Rafael (June 14, 1993) Marin County Superior Court, Case No. 156790 (order denying preliminary injunction).

Source: The GSMOL Mobilehome Rent Stabilization Ordinance Handbook, Second Edition: Guidelines for Drafting and Enacting a Mobilehome Rent Stabilization Ordinance.

Prepared by: Bruce Stanton, Esq., Corporate Counsel

Image courtesy of Miles Stuart at freedigitalphotos.net