Mobilehome parks: disaster assistance
SB 1093 adds post-disaster protections for mobilehome park residents and requires owners to assess rebuilding before closing or converting damaged parks.
Residents displaced by a disaster gain regular information, timely access to inspect or retrieve belongings, and enforcement options. Park owners must document rebuilding costs and potential aid before pursuing closure or redevelopment.
What the law does
- Requires park management to make good-faith weekly written updates for four weeks after a disaster and monthly updates thereafter until residents can return or the park receives final closure, cessation, or change-of-use approval.
- Requires management to allow residents access during regular business hours to inspect damage or collect belongings no later than seven days after evacuation orders end or become resident-access-only.
- Limits access waivers to disaster-related harm from entering the park, home, or site.
- Requires management pursuing disaster-related closure, cessation, or conversion to evaluate rebuilding and reopening costs and identify available rehabilitation or rebuilding resources.
- Requires management to provide its rebuilding evaluation documentation to residents, the local jurisdiction, and the Department of Housing and Community Development before specified park-operation, land-use, redevelopment, demolition, construction, or other approvals may issue.
- Requires the Department of Housing and Community Development to publish a list of mobilehome-related rebuilding and rehabilitation programs and opportunities.
- Lets enforcing local jurisdictions require debris removal, soil and contaminant testing, and asbestos work after qualifying disaster damage.
- Allows displaced residents, resident organizations, and specified public attorneys to seek court enforcement for willful violations.
- Requires local decision-makers considering a disaster-related park conversion to review compliance documentation and consider residents' closure or conversion costs when assessing housing effects.
Who it affects
- Mobilehome park residents displaced when disaster damage makes their homes inaccessible.
- Mobilehome park management and owners pursuing cleanup, rebuilding, closure, cessation of use, or conversion.
- Local governments and legislative bodies that enforce cleanup or approve park closures, conversions, and related permits.
Context
The law applies statewide, including charter cities, and permits local rules that provide stronger resident protections.
Breakdown
Disaster Rules for Mobilehome Parks
The bill adds duties for mobilehome park management after a disaster makes homes inaccessible. Management must provide regular updates, allow residents timely access to retrieve belongings or inspect damage, and assess rebuilding options before seeking to close or change the park’s use. It also creates state resource-list and enforcement measures related to disaster-damaged parks.
Key takeaways
- Park management must make a good-faith effort to give displaced residents weekly written updates for the first four weeks after disaster damage, then monthly updates until residents can return or the park receives final approval to close or change its use.
- Management generally cannot prevent residents from accessing their homes or spaces during regular business hours to collect belongings or inspect damage more than seven days after evacuation orders are lifted or reduced to resident-only access.
- Any liability waiver provided by management for resident access must be limited to harm resulting from that access.
- Before pursuing closure, cessation of use, or a change of use because of disaster damage, management must reasonably evaluate rebuilding costs and potential resources for reopening the park.
- The Department of Housing and Community Development must publish a list of mobilehome-related programs and opportunities that may help rehabilitate or rebuild disaster-affected parks.
- Management must provide documentation of its rebuilding-cost and resource evaluations to the department, local jurisdiction, and park residents before the department or local jurisdiction may issue or amend specified approvals or permits.
- Jurisdictions may require debris removal and certain testing after qualifying disaster damage, and residents, resident organizations, and specified public attorneys may sue management for willful violations.
Mobilehome Park Closure Reviews
The bill adds requirements before a local government can approve a mobilehome park’s change of use, such as closure or conversion. The park’s management must submit documents showing it completed required evaluations and investigations, and approval cannot be granted without them. Local officials must also consider the costs that closure or conversion would impose on park residents when assessing effects on affordable housing options.
Key takeaways
- Park management must provide documentation showing compliance with the bill’s required evaluations and investigations before a change of use can be approved.
- A local legislative body cannot approve a mobilehome park’s change of use if management does not submit the required documentation.
- When deciding whether a closure or conversion would worsen shortages of housing choices for low- and moderate-income households, local officials must consider the costs to park residents.
- The new duties imposed on local legislative bodies create a state-mandated local program.
Statewide Application
The bill declares that its changes address a statewide concern, not a purely local matter. As a result, the bill applies to every California city, including charter cities.
Key takeaways
- The bill makes findings that its subject is a matter of statewide concern.
- The bill states that its changes are not limited by a city’s authority over municipal affairs.
- The bill applies to all California cities, including charter cities.