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(ee) "HUD Label" means the federal label required by Section 18026 of the Health and Safety Code to indicate compliance with the federal safety and construction standards.
(ff) "ILT Fee" is an abbreviation for In Lieu Tax Fee.
(gg) "Indian Reservation" means a tract of land set aside by the Federal government for use by Indian people or a tribe.
(hh) "Individual" means one natural person 18 years of age or over.
(ii) "Informal Title Search" means a computer printout provided by the department revealing the descriptive data of a manufactured home, mobilehome, multi-unit manufactured housing, commercial coach, truck camper, or floating home and all current registered owner and legal owner information.
(jj) "In Lieu Tax Fee" means the vehicle license fee described in Section 18115 of the Health and Safety Code.
(kk) "In Lieu Taxation" means the system of manufactured home, mobilehome, or commercial coach taxation that requires the payment of annual vehicle license fees pursuant to Section 18115 of the Health and Safety Code rather than local property taxation.
(ll) "Interest Group" means a person or group of persons who may be co-owners that share(s) an ownership interest in a unit one or more other persons who may also be co-owners.
(mm) "Inventory Creditor" has the same meaning as provided in Section 18035(b) of the Health and Safety Code.
(nn) "JTRS" is the acronym for "joint tenants."
(oo) "Junior Lienholder Identifying Information" means the name and address of the junior lienholder.
(pp) "Lessor/Lessee" means a registered owner designation when the owner of a unit chooses to identify a lessee of the unit as the unit's registered owner.
(qq) "Legal Owner Identifying Information" means the name and address of the legal owner.
(rr) "Local Property Taxation" means the system of taxation established by Revenue and Taxation Code, Division 1, Part 13, (commencing with Section 5800) for manufactured homes, mobilehomes, or multi-unit manufactured housing, not subject to in lieu taxation.
(ss) "Mailing Address" means the address provided to the department to which any correspondence or documents are to be mailed.
(tt) "Manufactured Home" has the same meaning as provided in Section 18007 of the Health and Safety Code. For the purposes of Chapter 5, "manufactured home" and "mobilehome" are synonymous and shall include all transportable sections that comprise the manufactured home.
(uu) "Manufacturer Certificate of Origin" or "MCO" means the certificate described in Health and Safety Code 18093.
(vv) "Minor" means a person under 18 years of age that is not an emancipated minor.
(ww) "Mobilehome" has the same meaning as provided in Section 18008 of the Health and Safety Code. For the purposes Chapter 5, "Mobilehome" and "Manufactured home" are synonymous and shall include all transportable sections that comprise the mobilehome.
(xx) "Moratorium" means a temporary suspension of the manufactured home, mobilehome, multi-unit manufactured housing commercial coach, truck camper, or floating home record. This suspension will disallow any transfer of interest or the issuance of a certificate of title or registration card.
(yy) "Multi-unit Manufactured Housing" has the same meaning as provided in Section 18008.7 of the Health and Safety Code. For the purposes Chapter 5, multi-unit manufactured housing shall include all transportable sections that comprise the multi-unit manufactured housing.
(zz) "Nonresident Unit" means a manufactured home, mobilehome, multi-unit manufactured housing, commercial coach, truck camper, or floating home previously located in another state and brought into the State of California.
(aaa) "Normal Signature" means any signature that involves one or more of the following circumstances:
(1) The use of the first, middle, and last name.
(2) The use of an initial in place of a first or middle name.
(3) The use of a common abbreviation of a first or middle name.
(4) The omission of a middle name or middle initial, or
(5) The use of a signature that identifies the person as being the same person whose printed name appears on the document.
(bbb) "Original Registration" means the first time the appropriate documents, fees, and taxes are filed with the department to report the description, ownership, and location of a manufactured home, mobilehome, multi-unit manufactured housing, commercial coach, truck camper, or floating home and the required registration and titling documents are issued by the department.
(ccc) "Personal Property Taxation" means the system of taxation established by Revenue and Taxation Code, Division 1, Part 13, (commencing with Section 5800) for truck campers.
(ddd) "Perfected Lien Date and Time" means the date and time all required documents and fees required are received by the department to record a security interest acquired or retained on a manufactured home, mobilehome, multi-unit manufactured housing, commercial coach, truck camper, or floating home.
(eee) "Rancheria" means the same as Indian reservation.
(fff) "Real Property Unit" means a manufactured home, mobilehome, multi-unit manufactured housing or commercial coach installed on a foundation system pursuant to Section 18551 of the Health and Safety Code or a manufactured home, mobilehome or multi-unit manufactured housing converted to a fixture and improvement to the underlying real property pursuant to Section 18555 of the Health and Safety Code.
(ggg) "Registered Owner Identifying Information" means the name(s) and address(es) of all registered owners.
(hhh) "Registration" means the recording by the department of the information contained in the application for registration.
(iii) "Registration Card" means the registration document issued by the department or by DMV that reflects ownership information and current registration status or the application for duplicate registration card which meets the requirements of Section 5551.
(jjj) "Resident" means any person who displays an intent to live in this state on more than a temporary or transient basis. A person's presence in the state for six months or more in any twelve-month period is recognized as proof of residence. Evidence of residence includes:
(1) Address where a person is registered to vote;
(2) A person's location of employment or place of business;
(3) A person's payment of resident tuition at a public institution of higher education;
(4) The attendance of a person's dependents at a primary or secondary school.
(5) A person's filing of a homeowner's property tax exemption;
(6) The rental or leasing of a home by a person for use as a residence;
(7) A person's declaration of residency to obtain a license or any other privilege or benefit not ordinarily extended to a nonresident;
(8) A person's possession of a California driver's license;
(9) Other acts, occurrences, or events that indicate a person's presence in the state is more than temporary or transient.
(kkk) "Signed Under Penalty of Perjury" means a declaration or statement on which the following statement appears prior to the date, place of signing an the declarant's signature: "I/We certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct."
(lll) "Sole Owner" means the registered owner of a manufactured home, mobilehome, multi-unit manufactured housing, commercial coach, truck camper, or floating home for which no legal owner or junior lienholder has been recorded.
(mmm) "Subject to Local Property Taxation" means a floating home or a manufactured home, mobilehome, multi-unit manufactured housing not subject to in lieu taxation, either by virtue of (i) the unit owner's voluntary election to be subject to local property taxation; (ii) the fact that the unit was first sold on or after July 1, 1980; or (iii) the fact that the unit owner's involuntary conversion to local property taxation as a result of a delinquency in the payment of in lieu taxes.
(nnn) "Substitute Decal" means a decal issued by the department to replace a decal that was previously issued by DMV or HCD.
(ooo) "Substitute Year Sticker" means a year sticker issued by the department to replace a year sticker previously issued by DMV or HCD.
(ppp) "Tax Type" means the method of taxation that a manufactured home, mobilehome, multi-unit manufactured housing, commercial coach, truck camper, or floating home is subject to. The four tax types are; In Lien Taxation, Local Property Taxation, Personal Property Taxation, and Real Property Taxation pursuant to Section 229 of the Revenue and Taxation Code. Units may be exempt from any of these types of taxation.
(qqq) "TENCOM" is an acronym for "tenants in common" used by the department on certain documents.
(rrr) "TENCOM AND" is an acronym for "tenants in common," with the names joined by "and" and used by the department on certain documents.
(sss) "TENCOM OR" is an acronym for "tenants in common," with names joined by "or" and used by the department on certain documents.
(ttt) "Titling Document" includes the following:
(1) The Certificate of Title issued by the department.
(2) The Ownership Certificate, Certificate of Ownership, or Certificate of Title issued by the Department of Motor Vehicles.
(3) The title issued for a unit by a regulatory agency in another state, or
(4) An application for a duplicate certificate of title, which meets the requirements of 5550.
(uuu) "Transaction Date and Time" means the date and time that all required documents and fees required in an application for registration of a manufactured home, mobilehome, multi-unit manufactured housing, commercial coach, truck camper, or floating home are received by the department.
(vvv) "Transfer of Title" means an addition, change, or deletion of the registered owner, legal owner, or junior lienholder of a manufactured home, mobilehome, multi-unit manufactured housing, commercial coach, truck camper, or floating home.
(www) "Transfer on Death Beneficiary" (TOD Beneficiary) means an individual designated by the registered owner as the individual to succeed the registered owner as the registered owner of a unit, pursuant to Section 18080.2 of the Health and Safety Code.
(xxx) "Transporter's Bill of Lading" means a document listing and acknowledging receipt of goods for shipment.
(yyy) "True Name" means either (1) the first, middle, and last name of an individual or (2) a name that is sufficiently descriptive to identify the individual recorded by the department as the registered owner, legal owner, or junior lienholder of a manufactured home, mobilehome, multi-unit manufactured housing, commercial coach, truck camper, or floating home. The use of the acronym "AKA" (meaning also known as) followed by any other name by which the individual is known may also be used as part of the individuals true name. The use of complimentary or professional titles may be added to the true name only if the individual is commonly addressed by that title. For example, either Mary Ann Smith or Mary A. Smith could be used as the true name.
(zzz) "Trustee" means the person designated as the trustee in a trust agreement.
(aaaa) "Unit", for the purposes of this chapter, means all the transportable sections of a manufactured home, mobilehome, or multi-unit manufactured housing; a truck camper or a floating home; and each transportable section of a commercial coach as defined in Section 18080.3 of the Health and Safety Code.
(bbbb) "Unit Identifying Information" means the following: (1) Each license plate number or decal number of a manufactured home, mobilehome, or multi-unit manufactured or the license plate number or decal number of a commercial coach, truck camper, or floating home; (2) the manufacturer's trade name of the unit, if any; and (3) each serial number of a manufactured home, mobilehome, or multi-unit manufactured housing or the serial number of a commercial coach, truck camper or floating home.
(cccc) "Use Tax" means the tax imposed upon the consumer of a manufactured home, mobilehome, or commercial coach, as specified in the Sales and Use Tax Law, Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code.
(dddd) "Warehousemen's Lien" has the same meaning as provided in Section 7209 of the Commercial Code.
(eeee) "Year Sticker" means the sticker issued which displays the year of registration expiration issued by the department after payment of annual renewal fees for a manufactured home, mobilehome, or commercial coach.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Sections 18001.8, 18002.8, 18007, 18008, 18008.7, 18026, 18035(b), 18075.55(d), 18076, 18076.5, 18080, 18080.1, 18080.2, 18080.3, 18080.5, 18085, 18090.5, 18092, 18093, 18100.5, 18101, 18114, 18115, 18551 and 18555, Health and Safety Code.
s 5520. Registration of a New Manufactured Home or Multi-Unit Manufactured Housing.
(a) A California licensed dealer shall register with the department each new manufactured home or multi-unit manufactured housing sold, rented, leased, leased with an option to buy, or transferred by any other means by the dealer and not installed as a real property unit, within 10 days after the date of sale or lease. The application for registration shall meet the requirements of this section.
(b) The dealer shall complete and submit to the department a form HCD 480.1, Dealer Report of Sale or Lease, New Manufactured Home or Multi-Unit Manufactured Housing, completed as required in Section 5575.
(c) The dealer shall submit an original copy of form HCD 483.0, the MCO, as described in subsection 5560(c), completed to reflect the release of security interest in the manufactured home or multi-unit manufactured housing by the inventory creditor or lienholder. The inventory creditor or lienholder shall release its security interest by signing where designated on the form. In lieu of the release by the inventory creditor, one of the following may be submitted:
(1) a written acknowledgment from the inventory creditor which meets the requirements of subsection 5581(a)(2), indicating that its security interest in the unit described on the MCO has been satisfied; or
(2) a statement of conditional lien release which meets the requirements of subsection 5581(a)(3).
(d) For each legal owner and junior lienholder to be recorded, the dealer shall submit the information about the legal owner and junior lienholder required by the dealer report of sale submitted pursuant to subsection 5520(b).
(e) The dealer shall also submit the following fees:
(1) all fees and penalties due and payable pursuant to Sections 18114 and 18114.1 of the Health and Safety Code;
(2) the Manufactured Home Recovery Fund Fee as specified in subsection 5660(s);
(3) for each legal owner or junior lienholder to be recorded, the lien registration service fee required by subsection 5660(m);
(4) administrative service fees, if applicable, as specified in Section 18123.5 of the Health and Safety Code; and
(5) the dealer report of sale filing fee, as required by subsection 5040(j), Title 25, Division 1, Chapter 4.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Sections 18070.1(c), 18075.5, 18080.5, 18085, 18093, 18093.5, 18114, 18114.1 and 18123.5, Health and Safety Code.
s 5521. Registration of a New Commercial Coach.
(a) A California licensed dealer shall register with the department each new commercial coach sold, rented, leased, leased with an option to buy, or transferred by any other means by the dealer and not installed as a real property unit, within 10 days after the date of sale or lease. The application for registration shall meet the requirements of this section.
(b) The dealer shall complete and submit to the department a form HCD 480.2, Dealer Report of Sale or Lease, New Commercial Coach, completed as required in Section 5575.
(c) The dealer shall submit an original copy of form HCD 483.0, the MCO, as described in subsection 5560(c), completed to reflect the release of security interest in the commercial coach by the inventory creditor or lienholder. The inventory creditor or lienholder shall release its security interest by signing where designated on the form. In lieu of the release by the inventory creditor, one of the following may be submitted:
(1) a written acknowledgment from the inventory creditor which meets the requirements of subsection 5581(a)(2), indicating that its security interest in the unit described on the MCO has been satisfied; or
(2) a statement of conditional lien release which meets the requirements of subsection 5581(a)(3).
(d) For each legal owner and junior lienholder to be recorded, the dealer shall submit the information about the legal owner and junior lienholder required by the dealer report of sale submitted pursuant to subdivision 5521(b).
(e) The dealer shall also submit the following fees:
(1) all fees and penalties due and payable pursuant to Sections 18114, 18115, and 18116 of the Health and Safety Code;
(2) for each legal owner and junior lienholder to be recorded, the lien registration service fee required by subsection 5660(m);
(3) administrative service fees, if applicable, as specified in Section 18123.5 of the Health and Safety Code; and
(4) the dealer report of sale filing fee, as required by subsection 5040(j), Title 25, Division 1, Chapter 4.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Sections 18075.5, 18080.5, 18085, 18114, 18115, 18116 and 18123.5, Health and Safety Code.
s 5522. Registration of a New Manufactured Home, Multi-Unit Manufactured Housing, or Commercial Coach When the Dealer Has Gone Out of Business.
(a) If a dealer goes out of business before completing the registration of a new manufactured home, multi-unit manufactured housing, or commercial coach transferred by the dealer and not installed as a real property unit, the transferee, or if escrow was opened pursuant to Section 18035 of the Health and Safety Code, the escrow agent, shall assume responsibility for the registration process as required by this section.
(b) The transferee or, if escrow was opened pursuant to Section 18035 of the Health and Safety Code, the escrow company, shall comply with the dealer requirements of Section 5520 for a new manufactured home or multi-unit manufactured housing and with the dealer requirements of Section 5521 for a new commercial coach, with the following exceptions:
(1) In lieu of the dealer report of sale forms required by subsection 5520(b) and 5521(b), the following shall be submitted:
(A) a registration information document as required by Section 5541;
(B) documents that reflect the purchase of the manufactured home, multi-unit manufactured housing, or commercial coach by the transferee from the dealer, which may include the sales contract, purchase order, canceled checks, or invoices; and
(c) a statement signed under penalty of perjury by the transferee that identifies the unit as a manufactured home, mobilehome, multi-unit manufactured housing, or commercial coach, includes the applicable unit identifying information, and:
1. explains why the sales contract or purchase order cannot be provided; and
2. states whether the original purchase was financed by a lender and, if so, the name, address and telephone number of the lender.
(2) If the original MCO required by subsections 5520(c) or 5521(c) is not available, the transferee or, if escrow was opened pursuant to Section 18035 of the Health and Safety Code, the escrow agent, shall:
(A) obtain and submit a replacement MCO from the manufacturer as provided in Section 5561, completed to reflect the release of security interest in the unit by the inventory creditor or lienholder as required by subsections 5520(c) or 5521(c); or
(B) obtain and submit a replacement MCO from the manufacturer as provided in Section 5561, and, in lieu of the release of security interest in the unit on that replacement MCO, one of inventory creditor release alternatives described in subsection 5520(c) or 5521(c); or
(C) if a replacement MCO cannot be provided, post a bond and accompanying statement pursuant to the requirements of Section 5547.
(3) Neither the transferee nor any applicable escrow company shall submit any administrative service fees as described in Section 18123.5 of the Health and Safety Code or any penalties required by Sections 18114, 18115, and 18116 of the Health and Safety Code because of the dealer's failure to complete the registration of the unit.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Sections 18035, 18075.5, 18085, 18114, 18115, 18116 and 18123.5, Health and Safety Code.
s 5523. Registration of a Truck Camper Not Previously Registered in California.
(a) The owner(s) of a truck camper not previously registered with the department or DMV may choose to register the truck camper with the department. Any such application for registration shall meet the requirements of this section.
(b) A truck camper must have a serial number before it can be registered with the department. If a serial number has not been issued by the manufacturer of the truck camper, the owner(s) of the truck camper may obtain a serial number from the department as follows:
(1) The owner(s) shall provide the following information about the truck camper to the department, by telephone or in writing:
(A) the decal or license number;
(B) the manufacturer's name;
(C) the make or model;
(D) the year of manufacture; and
(E) the width and length, in inches.
(2) The department shall issue to the owner(s) a written record of the serial number assigned.
(3) The owner(s) shall either stamp, burn, or otherwise permanently inscribe the serial number on the interior of the truck camper, in a location under the dining seat area, and certify to the department, in a statement signed under penalty of perjury, that the serial number issued by the department has been so inscribed.
(c) An application for registration of a truck camper manufactured on or after January 1, 1986, by a manufacturer licensed by the department, shall include either:
(1) an original certificate of origin issued by the manufacturer of the truck camper pursuant to Health and Safety Code Section 18093.5; or
(2) if a certificate of origin issued pursuant to Health and Safety Code Section 18093.5 cannot be provided, a bond or undertaking and statement pursuant to the requirements of Section 5547 may be submitted.
(d) An application for registration of a truck camper other than a truck camper manufactured on or after January 1, 1986, by a manufacturer licensed by the department, shall include one of the following:
(1) a titling document issued by another state and, if the owner(s) applying for registration with the department is not the owner(s) reflected on that titling document, endorsements as follows:
(A) the signature of the appropriate recorded registered owner(s) on the designated line(s) or in the designated area for release of the registered owner(s); or in lieu of the release, the following may be submitted:
1. documents that reflect the purchase of the truck camper by the owner(s) applying for registration with the department from the owner(s) reflected on the other state's titling document, which may include the sales contract, purchase order, canceled checks or invoices;
(B) the signature of any recorded lienholders on the designated line(s) or in the designated area for release or retention of a lienholder(s), if applicable;
(C) the signature of the new registered owner(s) on the designation line(s) or in the designated area for acknowledging ownership of the truck camper; and
(D) the signature of any new lienholders on the designation line(s) or in the designated area for the addition of new lienholders; or
(2) documents that reflect the purchase of the truck camper by the owner(s) applying for registration with the department, which may include the sales contract, purchase order, canceled checks or invoices; or
(3) a bond or undertaking and statement that complies with the requirements of Section 5547.
(e) All applications for registration of a truck camper shall include:
(1) a registration information document as required by Section 5541;
(2) a statement by the owner(s), signed under penalty of perjury, that includes:
(A) how and from whom the truck camper was acquired;
(B) whether any titles or registration documents have been issued for the truck camper by a state other than California, and, if so, if they are not being submitted with the application for registration, the disposition of those registration documents or titles (i.e., lost, stolen, etc.); and
(f) The owner(s) shall pay the registration fee and, if applicable, the registration penalty, required by Section 18114 of the Health and Safety Code.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Sections 18075.7, 18085, 18087 and 18093.5, Health and Safety Code.
s 5524. Registration of a Floating Home Not Previously Registered in California.
(a) A floating home subject to real property taxation pursuant to Section 229 of the Revenue and Taxation Code, which has not been registered with the department or DMV, shall be registered with the department within 20 days after the date of sale, resale or other transfer of title. The application for registration shall meet the requirements of this section.
(b) A floating home must have a serial number before it can be registered with the department. If a serial number has not been issued by the manufacturer of the floating home, the owner(s) of the floating home may obtain a serial number from the department as follows:
(1) The owner(s) shall provide the following information about the floating home to the department, by telephone or in writing:
(A) the decal, license or CF number, if any;
(B) the manufacturer's name;
(C) the make or model;
(D) the year of manufacture; and
(E) the width and length, in inches.
(2) The department shall issue to the owner(s) a written record of the serial number assigned.
(3) The owner(s) shall permanently affix the serial number to the floating home in an area bounded by four feet above or below and to the left of the threshold for the primary egress to the floating home. If that area is metal, the serial number shall be dye stamped in characters 3/4 of an inch or larger. If that area is wood the numbers may be carved, stamped, burned or otherwise permanently affixed.
(4) The owner(s) shall certify to the department, in a statement signed under penalty of perjury, that the serial number issued by the department has been permanently affixed as required by subsection (b)(3).
(c) The application for registration of a floating home shall include:
(1) the registration information document as required by Section 5541;
(2) one of the following:
(A) a titling document issued by another state and, if the owner(s) applying for registration with the department are not the owner(s) reflected on that titling document, endorsement as follows:
1. the signature of the appropriate recorded registered owner(s) on the designated line(s) or in the designated area for release of the registered owner(s); or in lieu of the release, the following may be submitted:
(A) documents that reflect the purchase of the floating home by the owner(s) applying for registration with the department from the owner(s) reflected on the other state's titling document, which may include the sales contract, purchase order, canceled checks or invoices;
2. the signature of any recorded lienholders on the designated line(s) or in the designated area for release or retention of a lienholder(s), if applicable;
3. the signature of the new registered owner(s) on the designation line(s) or in the designated area for acknowledging ownership of the floating home; and
4. the signature of any new lienholders on the designation line(s) or in the designated area for the addition of new lienholders.
(B) documents that reflect the purchase of the floating home by the owner(s) applying for registration with the department, which may include the sales contract, purchase order, canceled checks, or invoices; or
(C) documents, which may include purchase orders, canceled checks, or invoices, that reflect that the owner(s) applying for registration with the department purchased component parts and assembled the floating home; or
(D) a bond or undertaking and statement that complies with the requirements of Section 5547.
(3) one of the following documents issued by the city or county building department with jurisdiction over the area where the floating home is located:
(A) a copy of a floating home occupancy permit; or
(B) a letter stating that the issuance of a occupancy permit is not required;
(4) a tax clearance certificate or a conditional tax clearance certificate issued by the tax collector of the county where the floating home is located, as required by Section 5547.1;
(5) a statement signed under penalty of perjury by the owner(s) that includes the applicable unit identifying information and states:
(A) that the floating home is designed and built to be used or is modified to be used as a stationary waterborne residential dwelling; has no mode of power of its own; is dependent for utilities upon a continuous utility linkage to a source originating on shore; and has a permanent continuous hookup to a shoreline sewage system pursuant to Section 18075.55 of the Health and Safety Code; and
(B) whether any title has been issued for the floating home, and, if so, what the license or decal number for that title is and, if the title is not being submitted with the application for registration, the disposition of the title (i.e., lost, stolen, etc.);
(C) whether the floating home was ever registered with DMV;
(d) The owner(s) shall pay the following fees to the department:
(1) the registration fee required by Section 18114(c) of the Health and Safety Code and, if applicable, a penalty, required by Section 18114(e) of the Health and Safety Code.
(2) For each legal owner or junior lienholder being recorded, the lien registration service fee required by subsection 5660(m).
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Sections 18075.55, 18085, 18087 and 18114, Health and Safety Code.
s 5525. Registration of Manufactured Homes, Mobilehomes, Multi-Unit Manufactured Housing, and Commercial Coaches Manufactured and Purchased in Another State and Brought into California Prior to Registration in Another State.
(a) A manufactured home, mobilehome, multi-unit manufactured housing, or commercial coach which is manufactured and purchased in another state, but which has not been registered or titled in another state, and is brought into California and not installed as a real property unit, shall be registered with this department within 20 days after the date of entry into California. The application for registration shall meet the requirements of this section.
(b) The application for registration shall include (1) or (2) and (3):
(1) the original certificate of origin issued by the out-of-state manufacturer, which has been:
(A) signed by the manufacturer or selling dealer, releasing any interest they may have in the unit to the owner(s) applying for registration with the department, and
(B) properly endorsed to reflect the release of security interest in the unit by the inventory creditor or lienholder, or, in lieu of this release by the inventory creditor or lienholder on the certificate or origin, one of the following may be submitted:
1. a written acknowledgment from the inventory creditor which meets the requirements of subsection 5581(a)(2), indicating that its security interest in the unit described on the certificate or origin has been satisfied; or
2. a statement of conditional lien release which meets the requirements of subsection 5581(a)(3); or
(2) documents that reflect the purchase of the unit by the owner(s) applying for registration with the department, which may include the sales contract, purchase order, canceled checks, or invoices; and
(3) a bond and accompanying statement pursuant to the requirements of Section 5547.
(c) The application for registration shall also include:
(1) a registration information document as required by Section 5541; and
(2) the applicable requirements of Sections 5580 or 5584 to add any lienholder identified to the department.
(d) The owner(s) shall pay the following fees and penalties to the department:
(1) to register a manufactured home, mobilehome or multi-unit manufactured housing subject to local property taxation
(A) the Manufactured Home Recovery Fund Fee as specified in subsection 5660(s);
(B) all fees and penalties due and payable pursuant to Sections 18114, and 18114.1, of the Health and Safety Code; or
(2) to register a manufactured home, mobilehome, or multi-unit manufactured housing not subject to local property taxation
(A) the Manufactured Home Recovery Fund Fee as specified in subsection 5660(s);
(B) all fees and penalties due and payable pursuant to Sections 18114, 18114.1, 18115, and 18116 of the Health and Safety Code; or
(3) to register a commercial coach: all fees and penalties due and payable pursuant to Sections 18114, 18115, and 18116 of the Health and Safety Code;
(4) For each legal owner or junior lienholder being recorded, the lien registration service fee required by subsection 5660(m);
(5) use tax as specified in Section 18123 of the Health and Safety Code, unless exempt therefrom pursuant to Sections 5667 or 5668.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Sections 18070.1(c), 18075.5(c), 18085, 18114, 18114.1, 18115, 18116 and 18123, Health and Safety Code.
s 5525.1. Registration of Used Manufactured Homes, Used Mobilehomes, Used Multi-Unit Manufactured Housing and Used Commercial Coaches Registered and Titled in Another State and Brought into California.
(a) A used manufactured home, used mobilehome, used multi-unit manufactured housing, or used commercial coach registered in another state, brought into California, and not installed as a real property unit, shall be registered with this department within 20 days after the date of entry into California. The application for registration shall meet the requirements of this section.
(b) The application for registration shall include either:
(1) a titling document issued by another state and, if the owner(s) applying for registration with the department is not the owner(s) reflected on that titling document, endorsements as follows:
(A) the signature of the appropriate recorded registered owners on the designated line(s) or in the designated area for release of the registered owner(s); or in lieu of the release, the following may be submitted:
1. documents that reflect the purchase of the unit by the owner(s) applying for registration with the department from the owner(s) reflected on the other state's titling document, which may include the sales contract, purchase order, canceled checks or invoices;
(B) the signature of any recorded lienholders on the designated line(s) or in the designated area for release or retention of a lienholder(s), if applicable; or if lieu of the required signature, the following may be submitted:
1. a written lien release indicating the lienholder has released interest in the unit.
2. a written statement indicating the lienholder has retained interest in the unit. The written statement must identify the type of unit as a manufactured home, mobilehome, multi-unit manufactured housing, or commercial coach; must contain the decal or license plate number(s); must indicate the trade name, and each serial number.
(C) the signature of the new registered owner(s) on the designation line(s) or in the designated area for acknowledging ownership of the unit; and
(D) the signature of any new lienholders on the designation line(s) or in the designated area for the addition of new lienholders.
(2) documents that reflect the purchase of the unit by the owner(s) applying for registration with the department, which may include the sales contract, purchase order, canceled checks or invoices, and a bond or undertaking and statement that complies with the requirements of Section 5547.
(c) The application for registration must also include:
(1) a registration information document as required by Section 5541.
(2) the other state's license plates and/or year sticker equivalent, if any, or one of the following:
(A) a copy of the permit issued by the other state's regulatory agency allowing a transporter to move the manufactured home, mobilehome, multi-unit manufactured housing, or commercial coach to California;
(B) a copy of the transporter's bill of lading, which provides applicable unit identifying information except the license plate or decal number of the unit, and which indicates that no license plate was on the manufactured home, mobilehome, multi-unit manufactured housing, or commercial coach; or
(C) a statement signed by the owner(s) under penalty of perjury, that identifies the unit as a manufactured home, mobilehome, multi-unit manufactured housing, or commercial coach, includes the applicable unit identifying information, and either certifies that the license plate(s) is lost, or there was no license plate(s) on the unit;
(3) if the unit is a manufactured home, mobilehome, or multi-unit manufactured housing subject to local property taxation, a tax clearance certificate or a conditional tax clearance certificate issued by the tax collector of the county where the unit is located, as required by Section 5547.1;
(d) The owner(s) shall pay the following fees and penalties to the department:
(1) to register a manufactured home, mobilehome or multi-unit manufactured housing subject to local property taxation:
(A) the Manufactured Home Recovery Fund Fee as specified in subsection 5660(s);
(B) all fees and penalties due and payable pursuant to Sections 18114 and 18114.1 of the Health and Safety Code; or
(2) to register a manufactured home, mobilehome, or multi-unit manufactured housing not subject to local property taxation
(A) the Manufactured Home Recovery Fund Fee as specified in subsection 5660(s);
(B) all fees and penalties due and payable pursuant to Sections 18114, 18114.1, 18115, and 18116 of the Health and Safety Code; or
(3) to register a commercial coach: all fees and penalties due and payable pursuant to Sections 18114, 18115, and 18116, of the Health and Safety Code; and
(4) transfer fee as specified in subsection 5660(b) and, if applicable, transfer fee penalty as specified in 5660(c);
(5) the lien registration service fee as specified in subsection 5660(m), if applicable.
(6) use tax as specified in Section 18123 of the Health and Safety Code, unless exempt therefrom pursuant to Sections 5667 or 5668.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Sections 18070.1(c), 18075.5(c), 18087, 18087.5, 18088, 18088.5, 18114, 18114.1, 18115, 18116, 18117.5 and 18123, Health and Safety Code.
s 5525.2. Registration of Used Manufactured Homes, Mobilehomes, Multi-Unit Manufactured Housing, and Commercial Coaches Registered in Another State and Brought into California When the Out-of-State Certificate of Title Cannot Be Provided.
(a) The department shall not issue a certificate of title for a used manufactured home, mobilehome, multi-unit manufactured housing, or commercial coach registered in another state which is brought into California and not installed as a real property unit unless the owner(s) complies with the requirements of Section 5525.1. However, the department shall register and issue a registration card for a used manufactured home, mobilehome, multi-unit manufactured housing, or commercial coach registered in another state and brought into California and not installed as a real property unit, if the requirements of this section are met.
(b) The owner(s) must apply to the department for registration of the unit by providing:
(1) a registration information document as required by Section 5541;
(2) a registration card or record of ownership issued by a regulatory agency in another state which identifies the owner(s) seeking registration with the department as the owner(s) of the unit for which registration is sought; and
(3) the other state's license plates and/or year sticker equivalent, if any, or one of the following:
(A) a copy of the permit issued by the other state's regulatory agency allowing a transporter to move the manufactured home, mobilehome, multi-unit manufactured housing, or commercial coach to California; or
(B) a copy of the transporter's bill of lading, which provides applicable unit identifying information except the license plate or decal number of the unit, and which indicates that no license plate was on the manufactured home, mobilehome, multi-unit manufactured housing or commercial coach; or
(C) a statement by the owner(s) signed under penalty of perjury, that identifies the unit as a manufactured home, mobilehome, multi-unit manufactured housing, or commercial coach, includes the applicable unit identifying information, and either certifies that the license plate(s) is lost, or there was no license plate(s) on the unit.
(c) The owner(s) shall pay the following fees and penalties to the department:
(1) to register a manufactured home, mobilehome or multi-unit manufactured housing subject to local property taxation:
(A) the Manufactured Home Recovery Fund Fee as specified in subsection 5660(s);
(B) all fees and penalties due and payable pursuant to Sections 18114 and 18114.1 of the Health and Safety Code; or
(2) to register a manufactured home, mobilehome, or multi-unit manufactured housing not subject to local property taxation:
(A) the Manufactured Home Recovery Fund Fee as specified in subsection 5660(s);
(B) all fees and penalties due and payable pursuant to Sections 18114, 18114.1, 18115, and 18116 of the Health and Safety Code; or
(3) to register a commercial coach: all fees and penalties due and payable pursuant to Sections 18114, 18115, and 18116, of the Health and Safety Code.
(d) The department shall issue a titling document for a unit registered with the department pursuant to this section at any time the owner(s) meets the requirements of Section 5525.1.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Sections 18070.1(c), 18089, 18114, 18114.1, 18115 and 18116, Health and Safety Code.
s 5526. Registration of Government Surplus Units.
(a) A manufactured home, mobilehome, multi-unit manufactured housing, or commercial coach previously owned by the federal government and transferred by the federal government to an entity other than an agency or department of the federal government, shall be registered with the department within 20 days after the date of sale or transfer by the federal government. The application for registration shall meet the requirements of this section.
(b) The application for registration shall include:
(1) a registration information document as required by Section 5541;
(2) the form then in use by the U.S. government to release its interest in a manufactured home, mobilehome, multi-unit manufactured housing, or commercial coach (as of the date of these regulations, Standard Form 97, Certificate of Release of Motor Vehicle);
(3) if the unit is a manufactured home, mobilehome or multi-unit manufactured housing subject to local property taxation, a tax clearance certificate or a conditional tax clearance certificate issued by the tax collector of the county where the unit is located, as required by Section 5547.1;
(4) the necessary statements required to add any lienholder identified to the department in a statement or information document provided by the owner(s), as specified in Sections 5580 (for legal owners) or 5584 (for junior lienholders).
(c) The owner(s) shall pay the following fees and penalties to the department:
(1) to register a manufactured home, mobilehome or multi-unit manufactured housing subject to local property taxation:
(A) the Manufactured Home Recovery Fund Fee as specified in subsection 5660(s);
(B) all fees and penalties due and payable pursuant to Sections 18114 and 18114.1 of the Health and Safety Code; or
(2) to register a manufactured home, mobilehome, or multi-unit manufactured housing not subject to local property taxation:
(A) the Manufactured Home Recovery Fund Fee as specified in subsection 5660(s);
(B) all fees and penalties due and payable pursuant to Sections 18114, 18114.1, 18115, and 18116 of the Health and Safety Code; or
(3) to register a commercial coach: all fees and penalties due and payable pursuant to Sections 18114, 18115, and 18116, of the Health and Safety Code.
(4) transfer fee as specified in subsection 5660(b) and, if applicable, transfer fee penalty as specified in subsection 5660(c);
(5) lien registration service fee as specified in subsection 5660(m), if applicable; and
(6) use tax as specified in Section 18123 of the Health and Safety Code, unless exempt therefrom pursuant to Sections 5667 or 5668.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Sections 18070.1(c), 18075.5, 18085, 18114, 18114.1, 18115, 18116, 18117.5 and 18123, Health and Safety Code.
s 5527. Registration of a Commercial Coach Previously Under the Jurisdiction of the Division of the State Architect.
(a) When a commercial coach previously located on public school property under the jurisdiction of the Division of the State Architect is removed from public school property, the commercial coach shall be subject to inspection by, and registration with, the department as a commercial coach within 20 days after the date the unit is removed from the public school property. The application for registration shall meet the requirements of this section.
(b) An application for registration shall include:
(1) a registration information document as required by Section 5541;
(2) a bill of sale from the school district releasing interest to the owner(s) applying for registration with the department;
(3) if the unit does not bear HCD insignia as required in Section 5544, the application shall include:
(A) a copy of an inspection report issued by the department which indicates the HCD insignia numbers issued for the unit; or
(B) a copy of the letter sent by the department to the applicant with the new insignia; and
(4) the necessary statements required to add any lienholder identified to the department in a statement or information document provided by the owner(s), as specified in Sections 5580 (for legal owners) or 5584 (for junior lienholders).
(c) The applicant shall pay the following fees and penalties to the department:
(1) all fees and penalties due and payable pursuant to Sections 18114, 18115, and 18116 of the Health and Safety Code; and
(2) annual renewal of registration fees, payable pursuant to Section 18114, shall commence the last day of the month in which the unit was removed from the public school property unless the month is December, in which case the day shall be the 30<>th.
(3) transfer fee as specified in subsection 5660(b) and, if applicable, transfer fee penalty as specified in subsection 5660(c);
(4) lien registration service fee as specified in subsection 5660(m); and
(5) use tax as specified in Section 18123 of the Health and Safety Code, unless exempt therefrom pursuant to Sections 5667 or 5668.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Sections 18026, 18075.5, 18114, 18114.1, 18115, 18116, 18117.5 and 18123, Health and Safety Code.
s 5530. Changes to Registration of Used Manufactured Homes Mobilehomes, Multi-Unit Manufactured Housing or Commercial Coaches Registered with the Department or DMV -Dealer Participation Transfers.
(a) A dealer shall apply for an amendment to the department or DMV registration, as applicable, for each used manufactured home, mobilehome, multi-unit manufactured housing or commercial coach sold, leased with an option to buy, or transferred by any other means by the dealer, and not installed as a real property unit, within 10 days after the date of sale or lease. Transfers of such a unit to be installed as a real property unit are subject to reporting pursuant to Section 5611. The application for registration shall be submitted to the department, and shall meet the requirements of this Section.
(b) The application for registration shall include:
(1) a form HCD 480.3, a Dealer Report of Sale or Lease, Used Manufactured Home, Mobilehome, Multi-Unit Manufactured Housing, or Commercial Coach as required by Section 5575, and the report of sale fees and, if applicable and not avoided pursuant to Section 5530.1, penalties and administrative service fees as required by Section 5575;
(2) unless the registration card for the unit is in the possession of the department pursuant to Section 5546.1, either:
(A) the registration card for the unit, or
(B) an application for a duplicate registration card as required by Section 5551;
(3) if a notice of escrow opening was required by Section 5571, a notification of escrow closing that meets the requirements of Section 5573;
(4) if the unit is a manufactured home, mobilehome or multi-unit manufactured housing subject to local property taxation, a tax clearance certificate or a conditional tax clearance certificate issued by the tax collector of the county where the unit is located, as required by Section 5547.1; (continued)