This was certainly a challenging year for the manufactured
housing communities industry.
With remote lobbying, COVID-19 and a legislature that was
generally not sympathetic to those who invest their own private
capital into creating affordable housing for hundreds of
thousands of Californians, WMA’s team worked hard to defend the
ability of parkowners to continue providing safe and reliable
homes for residents across the state.
While the last day of session saw the passage of several bad
bills (AB 2782 and AB 3088 to name a couple), we were able to
keep the vote margins relatively thin.
Andrew Govenar and I held scores of meetings with staff and
legislators about these bills over the past several months and
our entire team – including our Executive Director Sheila Dey,
our regional representatives (Doug Johnson, Julie Paule and
Jarryd Gonzales) and our volunteer legal advisors, Terry Dowdall
and Paul Jensen to name a few – worked to educate members with
accurate and factual information.
And while the results of the last night of session were
disappointing, they were not necessarily surprising given the
political dynamics of California.
AB 2782 (Stone, D-Santa Cruz) passed with 42
votes in the Assembly, this is the bill that was amended with the
SB 999 (Umberg, D-Orange County) language, which was defeated in
the Assembly Housing and Community Development Committee.
This “Jail Break” bill set a precedent in the Assembly by
allowing a bill killed in policy committee to be inserted into
another bill that bypassed the committee process to be passed on
the Floor with a bare minimum of votes. WMA and our allies
(CMPA, the California Association of Realtors, and the Security
Investment Company) worked this bill tirelessly, and that is a
large reason the bill passed with a bare majority instead of a
supermajority. The park closure portion of this bill, while
largely watered down, still has problems including requiring
in-place value and other changes.
AB 2782 has already been signed by the Governor, Chapter 35, but
it should face significant legal challenges in the Courts due to
Constitutional issues involving the interference of private
contracts along with other issues.
AB 3088 (Chiu, D-San Francisco) passed the
Assembly with 56 votes, this is the bill that prevents evictions
for non-payment of rent until 2021. This measure was
supported and co crafted by Governor Newsom.
AB 3088 has also been signed by the Governor and we will be
reviewing the language and providing updates to our membership as
we continue to work on figuring out how to comply with the
legislation.
While the end of session was a difficult one, we need to remember
that we were able to accomplish victories along the way.
SB 915 (Leyva, D-Chino) passed the Assembly with
41 votes, this is the bill that would have given renters up to 12
months to pay back rent and avoid evictions even if health and
safety violations are the reason for evictions. We were able to
hold it on call, by the time they secured the votes, it delayed
enough time for the Senate not to be able to act in
time.This measure failed because it was not acted on
by the Senate before midnight
yesterday.
This measure would have substantially conflicted with AB 3088,
but it is irrelevant now, since the bill was not acted upon in
time under the Constitutional deadline.
Additionally, the work of our members helped defeat
AB 2845 (Limon, D-Santa Barbara) that
would have prevented attorney fees from being awarded to
parkowners involved in frivolous lawsuits against them.
Our members engaged on AB 2895 (Quirk-Silva, D-Orange
County) that would have imposed a statewide rent
control cap on mobilehome parks, and we were able to defeat this
measure.
With the help of our members, we were able to defeat
AB 2690 (Low, D-San Jose) that would
have repealed the exemption on rent control for new construction.
This has been an unprecedented year for WMA as we faced numerous
battles targeting our industry that provides affordable housing
opportunities for hundreds of thousands of people in California.
While the last night of session was rough, our fight is not yet
done. In the coming year, we will continue to advocate for
the interests of our members and work to preserve an industry
that provides housing opportunities for hundreds of thousands of
families in California.
Instead of reading of this information in the newspapers or on
the Internet, I wanted to take this opportunity to let you know
the results of the end of session mayhem. The good news in
all of this is that the Legislature is now gone for the year.
Thank you for your support, and please feel free to contact me at
(916) 448-7002 with any questions or e-mail me at chris@wma.org.
If you have residents with unpaid rent during the AB 3088
Protected Period, March-August, 2020 you MUST send the attached
form to the residents by next Wednesday, September 30,
2020
As you likely know, Assembly Bill
3088 (Chiu), the Tenant, Homeowner and Small Landlord Relief
and Stabilization Act of 2020 passed the Legislature on August 31
and was signed into law that same night. Because this was
an urgency bill, the law became effective immediately.
What a week! WMA and CMPA lobbyists met jointly with numerous
legislators and their staff via phone call in anticipation of
both yesterday’s Senate Judiciary Committee hearing and upcoming
hearings.
AB 2782 (STONE) PASSES SENATE JUDICIARY COMMITTEE WITH SB
999 (UMBERG) LANGUAGE
Yesterday, the Senate Judiciary Committee heard testimony on the
anti-closure bill, AB 2782 (Stone). We want to share with members
the latest turn of events relative to this bill.
The month of August will cap off one of the most turbulent
sessions this state legislature has seen and the political antics
appear to be far from
over.
WMA PREPARES FOR FLOOR FLIGHT REGARDING SENATE BILL 915
(LEYVA)
The Legislature reconvened this week to a state of upheaval and
infighting between both houses, prompting several policy
committees to be postponed.
In these final weeks, lawmakers also intend to make changes to
the state’s labor laws – from workers’ compensation to paid sick
leave – to provide employer protections for those affected by
COVID-19.
Senate Pro Tem Toni Atkins also announced that the Senate has
implemented procedures, which allow members to cast committee
votes remotely from their district offices if certain conditions
are met.
STATE LEGISLATURE ANNOUNCES BILL CALENDAR FOR REMAINING
YEAR
State lawmakers have announced a revised calendar for the
remainder of session. Both the Senate and the Assembly will be
returning to work in the State Capitol on July 27, but this is
certainly subject to change, as conditions remain fluid in
Sacramento. There are approximately 700 bills left
remaining (approximately 500 Assembly Bills remain and roughly
200 Senate Bills remain), and they must all be heard and voted on
by August 31.
LEGISLATURE ON HIATUS DUE TO GROWING COVID-19 CASES AMONG
LEGISLATORS, CAPITOL STAFF
Lawmakers were set to return from their summer recess this week;
however, in light of the emerging cases of COVID-19 among
lawmakers and capitol staff, both houses recently announced a
revised return date of July 27.
Senator Connie Leyva presented SB 915 on the Senate floor
yesterday. SB 915 passed by a vote of 29-11.
In anticipation of this vote coming up, we distributed a detailed
floor alert to all Senators and launched a VoterVoice campaign to
the membership. Our thanks to everyone who participated. We are
pleased with the overall response that the campaign
generated.
Throughout the course of the week, WMA’s Government Affairs team
continued to engage in discussions with legislative staff, sent a
targeted floor alert, and enlisted the WMA membership to “take
action” on SB 999 (Umberg) using the VoterVoice online campaign
platform. Thank you to all who have participated in this
effort using our VoterVoice platform or our traditional “Red
Alert” system.
WMA joins coalition opposed to Assembly Bill 1436
(Chiu)
“Between the stories I’ve heard from communities across our state
and the extensive studies conducted on the costs of housing, it
has become clear to me that we simply cannot achieve our
ambitious housing goals without working to reform fees that are
exclusionary and regressive,” said Assemblymember Grayson. “Today
my colleagues and I have put forward a package to dramatically
increase our housing supply, produce housing that is attainable
for working families at all income levels, and ensure that fees
being placed on new development are justified.”
California Democrats unveiled on Monday a package of eight
proposals that attempt to spur construction of new homes by
slashing some of the fees that local governments charge for
building permits.
Park residents and operators have become increasing frustrated
that under current law there are no emergency provisions to evict
a tenant who poses a serious threat to resident safety.
Evictions for bad behavior are commonly dealt with as a
substantial annoyance. However, today police reports reveal that
offenses have become more egregious and even physically
threatening.
