Section 50786 - Regulations; security for loans; regulatory control with respect to park operations and resident loans(a) The department may adopt, amend, or repeal guidelines for the administration and implementation of this chapter, in consultation with stakeholders. Any guidelines adopted to implement this chapter shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.(b) The department may offer one or more types of loans or activities authorized by this chapter through a notice of funding availability.(c) The department shall obtain the best available security for loans made pursuant to this chapter. The security may include a note, deed of trust, assignment of lease, or other form of security on real or personal property that the department determines is adequate to protect the interests of the state. To the extent applicable, these documents and any regulatory provisions shall be recorded or referenced in a recorded document in the office of the county recorder of the county in which the mobilehome park is located.(d) The degree of continuing regulatory control with respect to park operations and resident loans exercised by the department in making loans pursuant to this chapter shall be commensurate with the level of financial assistance provided and in all cases shall be adequate to protect the state's security interest and ensure the accomplishment of the purposes of the program authorized by this chapter. The regulatory requirements shall be set forth in a regulatory agreement, deed of trust, or other lien, and any violation of these requirements shall be considered a violation of a security document. If loans are made to a qualifying nonprofit housing sponsor or local public entity, a regulatory agreement shall be recorded against the mobilehome park. This regulatory agreement shall contain provisions limiting occupancy, rents, and park operation for the entire loan term. The department may release individual spaces from the regulatory agreement only if they are purchased by residents who occupy them.(e) Before providing financing to a resident organization pursuant to subdivision (a) of Section 50783, the department shall require provision of, and approve, at least all of the following: (1) Verification at the time of application and prior to funding that at least two-thirds of the households residing in the mobilehome park support the plans for acquisition and conversion of the park.(2) Verification that either no park residents shall be involuntarily displaced as a result of the park conversion or the impacts of the displacement shall be mitigated as required under state and local law. For purposes of this requirement, compliance with Section 66427.5 of the Government Code shall be conclusively presumed to have mitigated economic displacement.(3) Verification that the conversion is consistent with local zoning and land use requirements, other applicable state and local laws, and regulations and ordinances.(4) Projected costs and sources of funds for all conversion activities.(5) Projected operating budget for the park during and after the conversion.(6) A management plan for the conversion and operation of the park.(7) If necessary, a relocation plan for residents not participating that is in compliance with Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the Government Code.(f) The department shall, to the greatest extent feasible, do all of the following: (1) Require participation by cities and counties in loan applications submitted pursuant to this chapter.(2) Contract with private lenders or local public entities to provide program administration and to service loans and grants made pursuant to this chapter.(3) Give priority to applications for resident-owned parks.(g) The department may provide technical assistance to loan applicants, or may contract with a qualified nonprofit entity to provide that technical assistance, and may include the reasonable costs of the technical assistance as a part of the loan principal.Ca. Health and Saf. Code § 50786
Amended by Stats 2022 ch 70 (SB 197),s 33, eff. 6/30/2022.Amended by Stats 2014 ch 493 (AB 225),s 8, eff. 9/20/2014.Amended by Stats 2012 ch 558 (AB 1797),s 3, eff. 1/1/2013.Amended by Stats 2003 ch 814 (SB 306), s 13, eff. 1/1/2004.EFFECTIVE 1/1/2000. Amended September 23, 1999 (Bill Number: SB 574) (Chapter 473).