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Protections for Low Income Households as Outlined in Government Code 66427.5
(a) Impact of Conversion.
Under the California Government Code and the Mobilehome Residency Law,
the converter is required, as a condition of conversion, to prepare a tenant
impact report to set forth the impact of the conversion on the Resident Households
who elect not to purchase the Space on which their Manufactured Home is situated.
Further, the rental increase amount, which may be charged by the Owner of the
Space subsequent to the conversion, is specified and is mandatory in 66427.5.
As a result of the conversion, there will be no physical change of use.
The property before and after conversion will be operated as a mobilehome park.
The difference is that instead of an investor/operator/cooperative owner,
the Association will operate the property.
(b) Rental Rate Increases: No Economic Displacement.
The economic displacement of non-purchasing Residents shall be mitigated by
allowing the Residents who select not to purchase the Space on which their
Home is situated to continue their tenancy in the Park under the California
Subdivision Map Act rental increase restrictions ("Map Act Rents").
The Map Act Rents are based upon two (2) formulas: 1) one formula for permanent
non-low income households, and 2) one formula for permanent Low Income Households,
as defined in California Health & Safety Code Section 50079.5.
Non-Low Income Resident.
For the non-low income households, the base rent
may be increased over a four (4)-year period to market rent. Base rent is
defined as that rent which is in effect prior to the "Conversion Date".
Market rent is established by an appraisal "conducted in accordance with nationally
recognized appraisal standards." The reason the rents are raised to market over
a four (4)-year period is to allow the adjustment of rents, which under rent
control have remained artificially low, to occur gradually. This protection
for the otherwise financially advantaged Resident Households also provides time
for those households to plan for the rental adjustment to market.
Low Income Households.
The State has emphasized its goal of protecting housing for the low income
population of California in 66427.5. The Low Income Households receive a
guarantee of reduced rental increases beyond that which any local jurisdiction
can enact under the current rent control cases and laws of California.
Low income is defined in 66427.5 by referencing California Health & Safety
Code Section 50079.5, which in turn defines Low Income Households as persons
and families whose income does not exceed the qualifying limits for lower income
families as established and amended from time to time pursuant to Section 8 of
the United States Housing Act of 1937. The base rental increase is the average
increase for the previous four (4) years, but shall not exceed the consumer
price index ("CPI") average monthly percentage increase for the most recently
reported period. The other qualifying requirements, including, without limitation,
asset limitations, shall be as defined in the United States Housing Act of 1937,
as amended from time to time. Low Income Households are protected for the entire
term of their tenancy.
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