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AB 317 Threatens Malibu Property Rights

The proposed law has already been approved by the California Assembly and is now in the Senate Judiciary Committee. Speak out before it is too late.

Many local residents will be financially impacted if California Assembly Bill AB 317, which would alter rent control in mobile home parks, passes the state Senate this year.

The bill passed the Assembly with a vote of 44 to 22. It is now in the Senate Judiciary Committee, headed for a vote by the Senate in May or June. Assemblymember Julia Brownley, representing the 41st Assembly that includes Malibu, voted against this bill. The members of the Malibu City Council to oppose this bill last month. 

It’s time to send letters to the Judiciary Committee members and state Senators to voice your opinion.

Many residents who own mobile homes in and would be impacted if this bill becomes law. The bill would end rent control for homeowners in a mobile home park that also own any other property. The full text of AB 317 can be read online.

The Mobile Home Residency Law, the existing law, governs tenancies in mobilehome parks, and imposes various fees on the owners of mobile home parks and the representatives who act on their behalf. The City of Malibu has a rent stabilization ordinance. It’s a regulation, better known as rent control. It offers rent protection to the individual mobile home owners.

According to Around the Capital, AB317 targets mobile home owners who also own other property by requiring management to identify the owners and give them 90 days notice of any change in rent.

AB 317 would either force residents to divest themselves of all real property they have an interest in, or force them out of their park spaces due to increased rent. For example, under current law, a retiree who downsized to a mobile home but rents out their former home rather than sell at a loss would now be forced to sell the other property at a loss, face a huge space rent increase, or move out of the park.

As a real estate professional, I strongly support private property rights. Those rights are best protected when government regulations don’t restrict what owners can do with their property. Rights are also restricted when regulations are placed on others. In this case, a law could cause financial harm to those that have invested in mobile homes as their source for housing for retirement or their purchase to serve as an investment in their future.

Legislators can be influenced. In our legislative process, it is the people of this state that can make the difference. The people’s voices need to be heard loud and clear. I encourage all to speak up and out now, don’t wait till the law passes.

Beverly Taki is a California-licensed real estate broker who has represented clients in Malibu for 22 years. She is a Malibu resident and president/broker of . Taki has earned a certificate in dispute resolution from Pepperdine University, specializing in mediation. She can be reached at beverly@beverlytaki.com or 310-456-4843. Her website is beverlytaki.com.

r.c. collins April 13, 2012 at 02:27 PM
let's all work deligently and defeat this bill. Thanks Beverly for writing this fine article, your articles are always very very informative......I am a widow, on social securiry and want the rent control to continue, as it is affordable. I worked all my life to save and now I have a sweet place to live in, and the big investors want to take that away from me? How can this be America.........we need to stop this, please oh please write letters, I have....God Bless America, we need these places for low income people, we must get justice.
Constitutionalist April 13, 2012 at 03:04 PM
Oh yes what would the yuppified residents of Malibu beach do without rent control? My my.
Rita Simpson April 13, 2012 at 03:06 PM
It is imperative to spread the word and start sending letters to the Judiciary Committee members and State Senators. Voice your concerns!
Mikke Pierson April 13, 2012 at 03:11 PM
Well written Beverly. Thank you. AB 317 would indeed be devastating to mobile home owners in Malibu and throughout the state. Both mobile home parks have aggressive letter writing campaigns going, as well as calls and faxes to the senators on the judiciary committee that are reviewing the bill now. But you don't need to be a mobile home resident to write letters against this bill! We appreciate all support. It is amazing to many of us that in tough economic times lower income citizens would be targeted by a bill that could hurt so many. Assembly Leader Charles Calderon goes after rent control laws every years (after receiving donations from the mobile home park owners association). But together we can defeat AB 317.
Leslie April 13, 2012 at 03:45 PM
Thank you Beverly for speaking out on this bill with Consequences that would affect all residents in California. This bill has squeaked by the Assembly because of the pressure that Assemblyman Calderon has put onto other Democratic members. In the past these Democratics never supported his overt attempts to end rent control in Mobile Home Parks. This was a Sacramento In Game play. Hopefully, the Senate Judiciary Committee will kill this bill before it gets a Senate Hearing. Just in Malibu, the Mobile Home Parks make it possible for teachers, tradesmen, retirees, etc to live in this beautiful community. I know that without Rent Control, I would not be able to live in Paradise Cove. It probably feels to many that live here that this bill would not affect them but it will cause more economic downturn in California. There are 700,000 mobile homes in Ca and 1,500,000 residents who could lose their homes because of high rents they cannot afford. This would be another devastating blow to our economy.
John M. April 13, 2012 at 05:45 PM
Beverly, I am not sure how you can be "strongly in favor of private property rights" and support any form of rent control. This bill addresses a uniquely Malibu problem, people who scam the system to get a cheap, part time rental at the beach. I doubt there is much opposition tor AB 317 in Lancaster or Victorville.
Mikke Pierson April 13, 2012 at 06:11 PM
Isn't it interesting how the people who seem to favor AB 317 don't use their name or their full name? To "constitutionalist", I get your point, but you are off mark or this one. Malibu's current rent control came out of several law suits that also involved over a decade of Paradise Cove sewage spills & park maintenance negligence. But the real issue for thousands of mobile home owners around the state, including in Malibu, is that it changes the rent structure with no limits if you have any ownership interest in any other residence and the effect of that will be to lower mobile home values state wide. Malibu rent control already allows for higher rents for non-primary mobile home owners. That means it effectively changes the playing field in mid game. This certainly affects Malibu, but also Palm Springs, Escondido, Santa Cruz and many other places. And John M, this is far from a uniquely Malibu problem. Certainly there might be some who benefit ("scam" in your words) from rent control that don't really need it, but for the vast majority that is not the case and this would hurt them greatly, which obviously doesn't concern you in anyway apparently. This bill was not introduced to go after Malibu, it was introduced because the Western Manufactured Housing Communities Association donates to Charles Calderon, the Assembly Majority leader.
Paige Smith April 13, 2012 at 06:58 PM
For those who are interested on contacting the judiciary committee members to let them know you oppose AB317, here is their contact info. Call, fax or write! Sen. Leno: Phone: (916) 651-4003 Fax: (916) 445-4722 State Capitol, Room 5100 Sacramento, CA 95814 Sen. Corbett: State Capitol, Room 313 Sacramento, CA 95814 Phone:(916) 651-4010 Fax: (916) 327-2433 Sen. Blakeslee: State Capitol, Room 4070 Sacramento, CA 95814 Phone: (916) 651-4015 Fax: (916) 445-8081 Sen. Harman: State Capitol, Room 5094 Sacramento, CA 95814 Phone: (916) 651-4035 Fax: (916) 445-9263 Sen. Evans: State Capitol, 1303 10th Street Sacramento, CA 95814 Phone: 916-651-4002 Fax: 916-323-6958
Elena Corral April 13, 2012 at 07:06 PM
Thank you Paige.
James Cullin April 13, 2012 at 07:52 PM
AB 317 is nothing but special interest legislation, pure and simple. It benefits ONLY the handful landowners, who are already fabulously wealthy, and it does so on the backs of thousands of people who work hard to make a decent living who reside in mobile homes. If this bill is passed, the landowners will line their pickets at the expense of the working class. How can this be anything but unfair??? And if AB317 passes, where will this sort of thing end?? It doesn't just affect mobile home residents, it potentially affects us ALL. Write your Congressman.
J. Flo April 13, 2012 at 08:06 PM
How about writing up a petition and sending in signatures in mass? You can write one on either > http://www.thepetitionsite.com or http://www.change.org.
John M. April 13, 2012 at 09:36 PM
Mikke, a name is only necessary to attack an individual, it is totally unnecessary to make your case. Obviously, I am not an advocate for government regulation of rent, certainly not for those who live steps from the sand, have a surfboard locker and a million dollar view. What will be next, rent control of the condos, beach homes, commercial properties? Maybe we can even limit the price for which homes are sold. We are required to have low income housing, but we don't have to support part time vacation homes, nor should we worry about lowering the value of mobile homes that benefit from government largess. AB 317 is a modest proposal, to fix a loophole. You do not have to fear the loss of rent. control, the Malibu mobile home political block will ensure no one will ever be elected to the City Council that would threaten this entitlement.
Mikke Pierson April 13, 2012 at 11:21 PM
Hey John M, fair enough comment on the name. I think I'm sensitive about all of the unnecessary personal attacks I've read on these forums. You certainly have not done that. You've stated your opinion and that is what is great about The Patch. And while I respect your opinion, obviously I disagree. The very nature of the "owner/owner" relationship in mobile home park living, in my opinion, requires protection for owners of mobile homes (which are very difficult or impossible to move) from the owners of the land. Overall mobile home owners are lower income and that is why they live in a mobile home. And in the case of Malibu the park owners are allowed to charge more if it is not a primary residence, so this issue is at least somewhat addressed. But in my opinion, losing you rent control rights completely because your primary mobile home residence is not your sole residence is a prescription for disaster for many. That means if you helped your parents or kids buy a residence, you lose rent control. If you own (by any means, including inheritence, partnership etc) an interest in another property, you lose rent control. So all of the snowbirds that saved up to own a place in Palm Desert as a retreat from midwest winters...lose rent control. In my own case I own a 1/3 share in a Mammoth condo that is already hurting us financially. If this bill passes I would probably have no choice but to walk from it.
Mikke Pierson April 13, 2012 at 11:29 PM
So I don't see AB 317 as a modest proposal to fix a loop hole. I see it as yet another attack on rent control. But this "modest" attack would actually financially devastate a large amount of people including many in Malibu. It also changes an established playing feel for the benefit of a few. And I will be fighting it to the best of my ability.
Terry April 14, 2012 at 03:56 PM
your assumptions are incorrect. the coaches are owned individually and the personal property of the owners. the land is owned by the adamsons at point dume and the old kissel corp in the cove. their taxs are controlled by the county and can only go up 1% per year. this controls the property taxs paid by the landowners and is a form of stabilization for them. rent control in the parks passes along this stabilization to the coach owners. so i feel people writing on this isssue are still in support of property rights.
Marianne Riggins April 14, 2012 at 04:21 PM
I would disagree, this issue is very important throughout the state. Most residents of mobile home parks depend on stable rent control. I lived in a mobile home park when in I lived in another part of the state and has a single mom I depended on an affordable rent. I owned the mobile home, but paid rent for the land and without rent control my landlord could have raised my rent to a rate that would have made it impossible for me to have my own home. Mobile home parks are a partnership between the land owner and the coach owner, rent control is just one part of that partnership.
Jonathan Friedman April 14, 2012 at 04:44 PM
Good piece, Beverly Taki, who is celebrating her birthday today. I also enjoy the spirited discussion above.
R A Risdall April 14, 2012 at 05:33 PM
I am not a fan of rent control and I believe land owners are entitled to a fair return on their investments. However, I believe that AB 317 is flawed in that it can cause major losses in the valuation for all mobile home owners, not just second home owners especially in resort areas like Malibu, Palm Springs, etc. I have property in Hawaii and that state has been dealing with this issue for many years because initially, most condos in Hawaii were sold on a lease hold basis, very similar to what Paradise Cove and Point Dume is. The way Hawaii state law deals with this issue is that the land owner is entitled to a 7% return on the appraised value of the land; usually contracted for a specified number of years and then renegotiated peridocally. Our legislators should follow the lead of their Hawaiian peers and either vote down AB 317 or rewrite it to be fair for all parties. Thanks Paige for including the contacts in Sacramento. We need to contact them and express our concern for this potential legislation.
Terry April 14, 2012 at 05:43 PM
u did not read my comment correctly
Stephanie Beran April 14, 2012 at 05:55 PM
I think that another serious way of articulating the unlawful effects of this legislation is to speak about what will "plainly happen". Mobile home owners who purchased their homes with 40% down or more, or inherited the property, do not have the conventional ability to offer to sell their "personal property" to the public that cannot put more than 40% down and not willing to pay 8% or more in loan interest rates, even if the only solution for not being able to pay "uncontrolled rent" on land leases. They will ultimately be FORCED INTO SYSTEMATIC FINANCIAL HARDSHIP. This is a group who never had the benefit of equity loans from their homes. Many, not all, are responsible middle America who made the decision to own responsibly and commit to paying landowners "land rent in perpetuity". Yes, this would be changing contracts in "midstream". Contract terms that were relied upon when the agreements were made upon going into mobile home ownership. The public and many public officials are unaware of the contract and ownership terms that would be violated. Another niche homeownership catastrophe would ensue, except this time it will be because of legislation, not because of the homeowners financial decision or banks.
Paige Smith April 14, 2012 at 06:00 PM
Good points Stephanie
Stephanie Beran April 14, 2012 at 06:04 PM
I was typing on my phone. Basically, the homeowners will be forced into systematic financial hardship, and will have a difficult time finding traditional home buyers if the only solution is to sell the home due to the inability to pay land fees and tax that are not controlled. The terms of mobile home ownership is not widely understood. I also encourage all to write the STATE ATTORNEY GENERAL'S OFFICE TO INVESTIGATE THE LEGAL IMPLICATIONS of this type of legislation on homeowners and consumer affairs.
Marianne Riggins April 14, 2012 at 06:08 PM
Terry, if you meant I misunderstood, to be clear I was responding to John M's comment, I agree with your comment.
Beverly Taki April 15, 2012 at 08:11 AM
This forum offers an opportunity for a spirited discussion of the issues and helps to educate all of us on the facts about mobile home ownership. I am going to investigate this topic further, now that I have heard various opinions and come back with a follow up on this issue with further facts about this bill. Jonathan, thank you for my birthday wishes. It was a glorious day in Malibu and I feel very grateful for the joy in my life for the adventures ahead in this bright new year!!
Ann Tomkins April 15, 2012 at 04:35 PM
Rent control is a restriction on property rights that impacts the supply of housing. While any change can negatively impact some, I believe reducing the number of units subject to rent control is a move in the right direction.
Lesley Anne Fauntleroy April 27, 2012 at 06:58 PM
many people have planned their retirement around owning a mobile home, they lose not just the ability to do that but,the devastation of their financial investment losing possibly half of it's value. Can't move in, can't retire, can't sell.
Marshall Thompson April 27, 2012 at 09:32 PM
Sometimes government just cannot get it's act together. With one hand it bullies municipalities to come up with a plan to improve the stock of low-income housing and with the other hand it moves to destroy nearly all the affordable housing in an entire city. Go figure! Please encourage your legislators to vote no on AB 317. Thank you Paige Smith, here I repeat your thoughtfully-supplied contact info for these critical judiciary committee members: Sen. Leno: Phone: (916) 651-4003 Fax: (916) 445-4722 State Capitol, Room 5100 Sacramento, CA 95814 Sen. Corbett: State Capitol, Room 313 Sacramento, CA 95814 Phone:(916) 651-4010 Fax: (916) 327-2433 Sen. Blakeslee: State Capitol, Room 4070 Sacramento, CA 95814 Phone: (916) 651-4015 Fax: (916) 445-8081 Sen. Harman: State Capitol, Room 5094 Sacramento, CA 95814 Phone: (916) 651-4035 Fax: (916) 445-9263 Sen. Evans: State Capitol, 1303 10th Street Sacramento, CA 95814 Phone: 916-651-4002 Fax: 916-323-6958
Warmmidwest May 02, 2012 at 12:57 AM
This isn't just Malibu! It's the camel nose under the tent to remove rent control statewide! Next are time shares, apartments, HOA on condo communities. Calderon has introduced this legislation for years AND NOW it gets passed amidst tens of thousands of foreclosures in California! Where are people going to go? Where is the affordable housing?
Warmmidwest May 02, 2012 at 01:00 AM
Let's get The LA Times on this story. How to Contact the Los Angeles Times E-mail address format: Firstname.Lastname@latimes.com CALIFORNIA Assistant Managing Editor: Ashley Dunn Deputy Editors: Mary Ann Meek, Linda Rogers Columnists: Sandy Banks, Steve Lopez, George Skelton (Sacramento), Hector Tobar
John Mazza May 02, 2012 at 05:30 PM
I am not John M.

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