BILL ANALYSIS
SENATE RULES COMMITTEE SB 1585
Office of Senate Floor Analyses
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THIRD READING
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Bill No: SB 1585
Author: Craven (R)
Amended: 3/14/96
Vote: 27 - Urgency
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SENATE JUDICIARY COMMITTEE: 5-0, 3/19/95
AYES: Lockyer, O'Connell, Solis, Wright, Calderon
NOT VOTING: Haynes, Mello, Petris, Leslie
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SUBJECT: Mobilehomes: age requirements
SOURCE: Western Mobilehome Association
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DIGEST: This bill makes it easier to establish
seniors-only mobilehome parks by updating the
cross-reference to federal fair housing laws in the state
Mobilehome Residency Law
ANALYSIS: Under the Unruh Civil Rights Act (Civil Code
?51 et. seq.), business establishments, including housing
facilities, are generally prohibited from discriminating on
the basis of age (See Marina Point, Ltd. v. Wolfson
(1982) 30 Cal.3d 72). However, Sections 51.2, 51.3 and
51.4 in the Act allow business establishments to establish
and preserve housing for senior citizens, if that housing
meets a number of conditions. These conditions are
stricter than the conditions under the federal fair housing
laws discussed below.
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SB 1585
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The definition of "housing" and "dwelling" under the Unruh
Civil Rights Act explicitly excludes mobilehomes. As a
result, the legality of "seniors-only" mobilehome parks is
governed by the Mobilehome Residency Law (MRL) (See Colony
Cove Associates v. Brown (1990) 220 Cal.App.3d 195).
Under the MRL, mobilehome parks may impose age requirements
on residency in the park, provided that the requirements
comply with the provisions of the federal Fair Housing
Amendments Act (FHAA) of 1988 (Public Law 100-430).
The federal FHAA makes it generally unlawful to
discriminate in the sale or rental of housing on the basis
of "familial status." However, like the Unruh Civil Rights
Act, the FHAA contains an exemption for housing for older
persons.
Under the federal FHAA, a housing facility may discriminate
on the basis of age if they are intended and operated for
occupancy by persons 62 and older, if at least 80 percent
of the occupied units are occupied by at least one person
who is 62 years and the housing facility publishes and
adheres to policies and procedures that demonstrate the
intent to be operated for occupancy by persons 62 years and
older.
Under the federal FHAA as it existed until December of
1995, if the housing facility is intended and operated for
occupancy by persons 55 and older, there was one more
requirement, in addition to the ones applicable to 62 and
older parks. That additional requirement is that the
housing facility must provide significant facilities and
services specifically designed to meet the physical or
social needs of older persons, unless the provisions of
such significant facilities and services is not practicable
and it is necessary to provide important housing
opportunities for older persons.
Three months ago, President Clinton signed H.R. 66, which
repealed the requirement that 55 and over housing
facilities provide significant facilities and services
specifically designed to meet the needs of older persons.
(Public Law 104-76).
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SB 1585
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This bill amends the state Mobilehome Residency Law to
strike out the reference to the prior version of the
federal Fair Housing Amendments Act, which required 55 and
over housing facilities like mobilehome parks to provide
significant facilities and services specifically designed
to serve older persons.
Instead, the bill inserts a reference to the current
version of the federal FHAA which does not require 55 and
over housing facilities like mobilehome parks to provide
significant facilities and services specifically designed
to serve older persons.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No
Local: No
SUPPORT: (Verified 3/20/96)
Western Mobilehome Association (source)
California Mobilehome Parkowners Alliance
ARGUMENTS IN SUPPORT: According to the sponsors of the
bill, the "significant facilities and services" requirement
of the federal FHAA was very controversial. It took over
five years for HUD to promulgate draft regulations, and
when they came out, they required 55 and over facilities to
provide many of the same things nursing homes are required
to provide. Thousands of seniors expressed their concern
that the requirement would force seniors-only housing to
close throughout the country. Many seniors were offended
by the regulations' apparent assumption that all seniors
required nursing home-like facilities.
The final version of the regulations were finally issued in
September of 1995. Although the final regulations were
much less burdensome, by time they were issued, there was
significant momentum to repeal the requirement altogether,
which was accomplished by the beginning of December.
RJG:lm 3/21/96 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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