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Mobile Home Owner News – Jul 2019

Resident curated mobile home owners news and information for residents of Mobile Home Parks owned by Kort & Scott (KS) companies. The MHPHOA also provides news coverage for Mobile Home Parks not owned by KS companies.

Click/tap the story headlines to open a link to the full original story and/or media such as streaming video from City Council Meetings. Story headlines with are inline news stories.

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AB-1482 Tenancy: Rent Caps – Does NOT Apply to MHPs

Mon, Jul 15, 2019 – It is now confirmed in writing, Assembly Bill 1482 DOES NOT cover mobile/manufactured home parks and has been amended to read...

AB-1482 (i) (1) For the purposes of this section, “owner” means the same as defined in Section 1954.51.

CHAPTER 2.7. Residential Rent Control

§ 1954.51. (b) “Owner” includes any person, acting as principal or through an agent, having the right to offer residential real property for rent, and includes a predecessor in interest to the owner, except that this term does not include the owner or operator of a mobilehome park, or the owner of a mobilehome or his or her agent.

Fri, Jul 12, 2019 – The MHPHOA have received questions from California mobile home owners concerning Assembly Bill 1482. Based on the specific wording of this bill, the MHPHOA’s opinion is that it DOES NOT cover California’s mobile/manufactured home parks.

California Assembly Bills (AB) and Senate Bills (SB) covering mobile/manufactured home parks will have very specific verbiage related to such. Not once are the terms Trailer, Mobile Home, Manufactured Home and/or Personal Property referenced in this Assembly Bill. Mobile/manufactured homes are generally classified as Personal Property (movable).

Assembly Bill 1482 begins with this succinct legal verbiage, emphasis ours...

1946.2. (a) Notwithstanding any other law, an owner of residential real property, in which the tenant has occupied the residential real property...

Note the term “Residential Real Property”, this generally excludes mobile/manufactured homes by default. Most mobile/manufactured homes are classified as “Personal Property”. There are exceptions e.g. when a mobile/manufactured home has a permanent foundation, is attached to the land and is unmovable, then it may become “Real Property”.

(3) “Residential real property” means any dwelling or unit that is intended for human habitation.

(4) “Tenancy” means the lawful occupation of residential real property and includes a lease or sublease.

If you read through Assembly Bill 1482 in its entirety, it seems clear that this bill DOES NOT cover mobile/manufactured home parks. If it did, it would allow park owners to increase space rents up to 10% once per year. Is that what you want? No? Then why are you, a mobile/manufactured home owner, supporting this bill?

1947.12. (a) Subject to the provisions of subdivision (b), an owner of residential real property shall not increase the rental rate for that property more than once annually. The annual increase shall not exceed 7 percent plus the percentage change in the cost of living, or 10 percent, whichever is lower, of the lowest rental amount charged for that property at any time during the 12 months prior to the effective date of the increase.

Why is MHAction, an organization from outside the State of California, promoting this bill as a way to protect California mobile home owners from predatory park owner rent increases? It doesn’t protect mobile/manufactured home owners. We’re curious as to why MHAction has misled these mobile home owners into thinking this would protect them and that they should be supporting this bill.

The MHPHOA have reviewed documentation from the California Department of Housing and Community Development (HCD), California Board of Equalization (BOE), California Bureau of Real Estate (BRE), Internal Revenue Service (IRS), various California County Tax Assessors and other authoritative resources. We’ve extracted information that is specific to this topic and have listed it below for your review.

Note: The WMA’s summary of this bill includes this statement: As currently drafted, this legislation does not apply to MRL tenancies.

Personal property is a class of property that can include any asset other than real estate. The distinguishing factor between personal property and real estate, or real property, is that personal property is movable; that is, it isn’t fixed permanently to one particular location. Real property such as land or most kinds of buildings is not movable. Examples of tangible personal property may include mobile/manufactured homes, vehicles, furniture, boats, and collectibles.

Personal property is also known as movable property, movables, and chattels. Because it is viewed as an asset, it may be taken into consideration by a lender when someone applies for a mortgage or other loan.

Personal property is defined as all property except real property. Personal property is either tangible or intangible. Generally, all tangible personal property is taxable except where specific exemptions are provided. Tangible personal property is any property, except land or improvements, that may be seen, weighed, measured, felt, or touched, or which is in any other manner perceptible to the senses.

Is a Mobile Home Personal or Real Property in California?

Pursuant to section 5801(b)(1), a manufactured home does not include a manufactured home which has become real property by being affixed to land on a permanent foundation system pursuant to section 18551 of the Health and Safety Code, and it is taxed as all other real property is taxed. Once a manufactured home has been permanently affixed to an approved foundation and has met all of the necessary criteria in accordance with Health and Safety Code section 18551, it is excluded from the definition of a manufactured home and it is reclassified as real property, subject to the same valuation as a conventional home.

Pursuant to section 5801(b)(2), manufactured homes are not classified as real property and, therefore, are classified as personal property. However, manufactured homes are treated and valued similar to real property assessed under the provisions of article XIII A of the California Constitution.

Special Assessments

Certain special assessments are not imposed on items of personal property. Any manufactured home not installed on a section 18551, subdivision (a), approved permanent foundation system must be classified as personal property, as the classification may affect the levy of certain special assessments. Land is real property. Mobile homes are personal property. They can be billed together if the mobile home is permanently secured to the land and under the same ownership.

How Does the Definition of Personal Property Compare with Real Property?

The legal definition of personal property is “anything besides land that may be subject to ownership”. Thus, the main characteristic of personal property is that it is movable, unlike real property or real estate. Real property is defined as any property that is land, or attached to/affixed to the land. This includes buildings and crops. The idea here is that real property can’t be moved, whereas personal property can be moved.

Mobile/Manufactured Home Classification

In most states, mobile homes are classified as personal property. The law originated from the trailer home, which is the origin of manufactured and mobile homes. When a home has the capability of being towed on the highway, then it is subjected to the same laws that vehicles are. This includes licensing and titling requirements.

California Property Tax: An Overview – According to the Law

The legal system divides all property into two categories: real and personal property. Mobile homes can be considered real or personal property depending on their location and the relationship they have with the land on which they stand. Real property is considered immovable, meaning it is permanently attached or affixed to land. Personal property is anything not permanently connected to land.

Internal Revenue Service, Office of Chief Counsel – Issue

Whether sales of mobile homes should be treated as sales of real property or personal property for purposes of the information reporting requirements of I.R.C. § 60501.1.

IRS Conclusion

Mobile homes sold in a retail sale are personal (not real) property for purposes of the information reporting requirements of I.R.C. § 60501. If the mobile home is located on rented land the home is considered “Personal Property” similar to automobiles and boats.

We conclude that a mobile home – at least at the point of retail sale, which is the relevant point – is personal property for determining any required Form 8300 reporting, regardless of how the purchaser intends to use or ultimately uses the mobile home. Not only is a mobile home personal property, it is also a “consumer durable” under section 1.60501-1 (c)(2) of the Income Tax Regulations. We reach these conclusions by considering first the language of the particular provision in question and, second, by the purposes for requiring that certain cash transactions be reported.

In Conclusion: In most cases, if the mobile home is owned, but the land it sits on is rented/leased, it is considered personal property. If the land and mobile home are owned by the same party, and the mobile home is permanently attached to the land pursuant to section 18551 of the California Health and Safety Code, it is considered real property.

RE: Kort & Scott Financial Group

Sun, Jul 14, 2019 – On Tue, Dec 12, 2017, residents from Knolls Lodge Mobile Home Park and Knolls Manor filed Civil Lawsuits (Case Numbers: YC072532, YC072533) against the Kort & Scott companies that own their parks including Sierra Corporate Management. James C. Allen of ASK Law Group is the attorney/law firm representing the residents.

On Fri, Jun 28, 2019 and Mon, Jul 1, 2019, documents were posted online indicating that the Plaintiffs (Residents) have reached a settlement with Defendants Knolls Lodge LP, Knolls Lodge GP Corp and Sierra Corporate Management Inc. Plaintiffs anticipate that it will take no more than 20 days to finalize the written settlement agreement. The documents indicate that Dismissal is set for Fri, Aug 23, 2019.

  • Address: 23701 South Western Avenue, Torrance, California 90501
  • County: Los Angeles
  • Phone: 310-326-1000
  • Spaces: 257
  • Type: All Ages
  • 2019 Space Rent: $1,500
  • Refinanced: Jun 2005, Amount: $94,700,000, 4/6 MHP Package
    Loan Type: Fannie Mae FRM, Chad Thomas Hagwood
  • Refinanced: Dec 2013, Amount: $158,000,000, 4/8 MHP Package
    Loan Type: Fannie Mae FRM, Chad Thomas Hagwood
  • New Management (Jun 1, 2019): Bessire and Casenhiser Inc
  • Management: Sierra Corporate Management
  • DBA: Knolls Lodge GP Corp, Knolls Lodge LP
  • DBA Filing: Jan 2002, Oct 2002

  • Address: 24200 Walnut Street, Torrance, California 90501
  • County: Los Angeles
  • Phone: 310-326-1000
  • Spaces: 73
  • Type: All Ages
  • 2019 Space Rent: $1,650
  • Refinanced: Jun 2005, Amount: $94,700,000, 5/6 MHP Package
    Loan Type: Fannie Mae FRM, Chad Thomas Hagwood
  • Refinanced: Dec 2013, Amount: $158,000,000, 5/8 MHP Package
    Loan Type: Fannie Mae FRM, Chad Thomas Hagwood
  • New Management (Jun 1, 2019): Bessire and Casenhiser Inc
  • Management: Sierra Corporate Management
  • DBA: Knolls Lodge GP Corp, Knolls Lodge LP
  • DBA Filing: Jan 2002, Oct 2002

Stop Predatory Park Owners

MHP News Resources

Kort & Scott Pay $57,000,000
Largest Mobile Home Park Settlement Ever

Fri, Nov 22, 2019 – Kabateck LLP attorneys representing hundreds of low-income mobile home residents in Long Beach, California secured a nearly $57 million settlement, which is the largest settlement ever involving a mobile home park.

Lawsuits Against Kort & Scott DBAs

MRL Protection Program

Sometimes, in mobilehome parks, disputes can arise between mobilehome/manufactured homeowners and park management. To help resolve some of these disputes, California created the Mobilehome Residency Law Protection Program (MRLPP) through the Mobilehome Residency Law Protection Act of 2018, Assembly Bill 3066 (Chapter 774, Statutes of 2018).

Who Can Submit a Complaint?

Must be a mobilehome / manufactured homeowner residing in a permitted mobilehome park.

What Types of Complaints can be Submitted for Consideration?

Complaints for issues within mobilehome parks related to Mobilehome Residency Law violations (California Civil Code). Common violations include illegal grounds for eviction, failure to provide proper notice of rent increases, or no written rental agreement between the park and mobilehome owner.

How do I submit my complaint?

Complaints must be submitted to HCD. HCD provides assistance to help resolve and coordinate resolution of the most severe alleged violations of the Mobilehome Residency Law. Visit the How to Submit a Complaint page for details on ways to submit your complaint to HCD.

Submit a Complaint MRLPP Information