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(continued)
(j) The application shall include payment for the Transfer Fee Penalty, when applicable, as specified in Subsection 5660(c).
(k) The application shall include payment for the Lien Registration Service Fee specified in Subsection 5660(m).
(l) The application shall include payment for use tax if the transfer to local property taxation occurs after the date of sale. The date of transfer to local property taxation will be evidenced by the latest date as required in subsection (d)(5)
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Sections 18070.1(c), 18114, 18114.1, 18115, 18116 and 18119, Health and Safety Code.
s 5621. Requirements for Transferring Interest When the Department's Records Reflect a Property Tax Postponement Moratorium.
(a) In addition to the applicable requirements of Article 4, Registration Requirements, of this chapter, an application for registration of a manufactured home, mobilehome, or multi-unit manufactured housing to transfer the interest of a registered owner or to transfer or create a security interest in a manufactured home, mobilehome, or multi-unit manufactured housing which is subject to a moratorium for postponement of local property taxes, the applicant shall provide the department with one of the following from the State Controller's Office,
(1) a written authorization allowing the change, or
(2) a completed Release of Lien form.
(b) If the completed Release of Lien form is submitted as specified in subsection (a)(2), payment of six dollars for the Release of Controller Lien Fee shall be submitted with the application.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Section 18079, Health and Safety Code; Sections 16182 and 16186, Government Code; and Section 20639.6, Revenue and Taxation Code.
s 5622. Removal of the Property Tax Moratorium.
In order to remove the moratorium recorded on the title of a manufactured home, mobilehome, or multi-unit manufactured housing by a Notice of Lien, the applicant shall provide the department with the following:
(a) A Release of Lien form issued by the State Controller's Office, and
(b) Payment of six dollars for the Release of Controller Lien Fee.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Section 18079, Health and Safety Code; Sections 16182 and 16186, Government Code; and Section 20639.6, Revenue and Taxation Code.
s 5623. Requirements for Applying for Disaster Tax Relief.
(a) In addition to the application requirements of Article 4, Registration Requirements, of this chapter, an application for registration for a manufactured home, mobilehome, or multi-unit manufactured housing which was obtained to replace a manufactured home, mobilehome, multi-unit manufactured housing destroyed on or after January 1, 1982 and for which the owner is claiming relief from local property taxation or vehicle license fees, shall meet the requirements of this section.
(b) The application shall include a request for disaster tax relief which contains the following information:
(1) A description of the destroyed unit by trade name, year model, decal or license number, serial number(s), and length and width.
(2) A declaration stating that the unit was located in an area declared by the Governor of the State of California as being a disaster area, that the unit was destroyed as a result of the recognized disaster, and that the unit was damaged to an extent that the cost of repair exceeds the value of the unit prior to its destruction, or has been declared a total loss for insurance purposes.
(3) The location address of the destroyed unit, including the county.
(4) The date of destruction.
(5) The cause of destruction.
(6) A certification signed under penalty of perjury by each registered owner.
(c) The application shall contain written verification from the county assessor's office indicating if the replacement unit is comparable in size, utility and location to the destroyed unit and if the owner is eligible for the disaster tax relief provided by Section 172.1 of the Revenue and Taxation Coed.
(d) The department shall upon receipt of the information required by subsections (b) and (c) provide a letter instructing the registered owner on how to apply for the disaster tax relief.
(e) The applicant shall provide the County Assessor's Office with the information provided pursuant to subsection (d) to obtain the disaster tax relief, if the replacement unit is subject to local property taxation.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code; and Section 172.1, Revenue and Taxation Code. Reference: Section 18075.5, Health and Safety Code; and Section 172.1, Revenue and Taxation Code.
s 5630. Reporting a Unit as Salvage.
(a) An application submitted to request the designation of a manufactured home, mobilehome, multi-unit manufactured housing, commercial coach, truck camper, or floating home as salvage, that is damaged and unfit for human habitation or that has been destroyed, shall meet the requirements of this section.
(b) If a manufactured home, mobilehome, multi-unit manufactured housing, commercial coach, truck camper, or floating home was sold prior to the date of damage or destruction by other than a dealer and not reported to the department, the application shall also meet the applicable registration requirements pursuant to Article 3 and 4 of this chapter.
(c) If a manufactured home, mobilehome, multi-unit manufactured housing, or commercial coach, was sold by a dealer prior to the date of damage or destruction and not reported to the department, the application shall also meet the applicable registration requirements pursuant to Articles 3, 4 and Article 7 of this chapter.
(d) Each application shall include the titling document.
(e) If the application is to report the salvage of a new, unregistered unit, the application shall include the original (pink) copy of form HCD 483.0, Manufacturer Certificate of Origin, dated 7/97.
(f) The application shall include all Junior Lienholder Registration Cards, with each registration card.
(g) The application shall include the last issued registered owner's registration card.
(h) The application shall include each HUD label or HCD insignia assigned to the manufactured home, mobilehome, multi-unit manufactured housing, commercial coach, or truck camper. If the labels or insignia are unavailable due to their destruction, loss, or surrender to the department, the applicant shall provide this information as required in subsection (i).
(i) The application shall include a statement, signed under penalty of perjury, that the following information:
(1) The unit identifying information.
(2) A statement certifying the following information:
(A) the date the unit was destroyed and the cause of the destruction.
(B) the license plate(s) or decal(s) has been destroyed.
(C) the HUD label(s) or HCD insignia has been surrendered to the department, lost, or destroyed.
(j) If the manufactured home, mobilehome, or commercial coach is destroyed or damaged after the date the annual renewal fees become due, the application shall include payment for fees and penalties as specified in Sections 18114, 18114.1, 18115, and 18116 of the Health and Safety Code.
(k) If the application includes a change in ownership not recorded with the department prior to the date of destruction, the following applicable fees shall be submitted with the application:
(1) Payment for the Transfer Fee as required by subsection 5660(b), and
(2) Payment for a Lien Registration Service Fee as required by subsection 5660(m), and
(3) Payment of the use tax as specified in Section 5667.
(4) the Manufactured Home Recovery Fund Fee as required by subsection 5660(s);
(l) If the application includes a sale by a California licensed dealer not recorded with the department prior to the date of destruction, the following fees apply:
(1) Payment of the Dealer Report of Sale filing fee as required by Title 25, Division 1, Chapter 4, subsection 5040(j).
(2) Payment Administrative Service Fees as specified in Section 18123.5 of the Health and Safety Code shall also be submitted with the application, when applicable.
(m) If the registration of the manufactured home, mobilehome, multi-unit manufactured housing, commercial coach, truck camper, or floating home has been designated as salvage pursuant to this section, neither a titling document nor a registration card shall be issued unless the unit is approved for occupancy pursuant to the requirements of Section 5631.
(n) Upon approval of the application to designate a manufactured home, mobilehome, multi-unit manufactured housing, commercial coach, truck camper, or floating home for salvage, the department shall provide acknowledgment to the registered owner and legal owner(s), if any, that the application has been approved to report the unit as salvage.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Sections 18026, 18070.1(c), 18075.5, 18114, 18114.1, 18115, 18116, 18123.5 and 18550(d)(e), Health and Safety Code.
s 5631. Registration of a Unit Previously Reported as Salvage.
(a) An application for registration of a manufactured home, mobilehome, multi-unit manufactured housing, commercial coach, truck camper, or floating home previously designated as salvage shall meet the requirements of this section.
(b) The application and fees shall be submitted within twenty days from the date the insignia is issued for the reconstructed unit. The application shall also meet the applicable registration requirements pursuant to Article 2 and Article 5 of this chapter.
(c) A reconstructed manufactured home, mobilehome, or commercial coach that was subject to an annual vehicle license fee prior to being designated as salvage, shall be subject to an annual vehicle license fee upon the date the insignia are issued.
(d) A reconstructed manufactured home, mobilehome, multi-unit manufactured housing, or floating home that was subject to local property taxation prior to being designated as salvage shall be subject to local property taxation upon the date the insignia are issued.
(e) The application shall include a registration information document as required in subsection 5541(b), completed and signed by each registered owner.
(f) The application shall include the acknowledgment provided by the department at the time the manufactured home, mobilehome, multi-unit manufactured housing, commercial coach, truck camper, or floating home was designated as salvage, as specified in subsection 5630(n).
(g) In lieu of the document required by subsection (f), the applicant shall submit a statement, signed under penalty of perjury that includes the following information:
(1) The unit identifying information.
(2) A statement completed by the party who has personal knowledge, certifying the disposition of the acknowledgment specified in subsection 5630(n).
(h) An application submitted for a manufactured home, mobilehome, multi-unit manufactured housing, commercial coach, or truck camper shall include a copy an inspection report, issued by either the department's Northern Area Office or the department's Southern Area Office, which indicates that the reconstructed unit complies with Health and Safety Code standards and has been issued an insignia.
(i) In lieu of the inspection report specified in subsection (h), one of the following shall be submitted;
(1) An application submitted for a manufactured home, mobilehome, multi-unit manufactured housing, commercial coach, or truck camper shall include a copy of the issuance letter sent to the applicant by the department's Manufactured Housing Section with the replacement insignia.
(2) An application for a floating home shall include a copy documentation issued by the local enforcement agency that indicates that the floating home is in compliance with all applicable Health and Safety Code standards.
(j) The application shall include all bills of sale necessary to document the chain of ownership of the reconstructed unit from the owner of the salvage unit shown on the receipt included pursuant to subsection (f) through to any subsequent owners and including the registered owner shown on the application for registration.
(k) The application shall include payment of the Manufactured Home Recovery Fund Fee as specified in subsection 5660(s);
(l) Payment of all fees and penalties due and payable pursuant to Sections 18114, 18114.1, 18115, and 18116 of the Health and Safety Code.
(m) The application shall include payment for a Lien Registration Service Fee as required by Subsection 5660(m).
(m) If the registered owner shown on the application for registration of the reconstructed unit purchased the unit following the completion of the reconstruction, the application shall include,
(1) Payment for the Transfer Fee as required by Subsection 5660(b), and
(2) Payment for the Use Tax as required by Section 5667.
(n) If the reconstructed unit was sold by a dealer, the dealer shall also comply with Section 5575.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Sections 18029, 18070.1(c), 18075.5, 18080.5, 18114, 18114.1, 18115 and 18116, Health and Safety Code.
s 5640. Reporting an Attachment Lien on a Manufactured Home, Mobilehome, Multi-Unit Manufactured Housing, or Commercial Coach.
(a) When an attachment lien has been issued by a court for a manufactured home, mobilehome, multi-unit manufactured housing, or commercial coach registered with the department, and if the plaintiff requests that the department record the attachment lien, the levying officer shall provide the department with notification of the attachment lien by submitting to the department a statement signed under penalty of perjury which contains the following information:
(1) The unit identifying information.
(2) The registered owner(s) identifying information.
(3) A statement that the unit is equipment of a going business in the possession or under the control of the registered owner(s) who is also the defendant named in the attachment lien.
(4) The name and address of the plaintiff.
(5) The name of the court and the case number under which the attachment lien was ordered.
(b) The levying officer shall transmit with the statement as described in subsection (a), with the payment for the three dollar filing and indexing fee.
(c) Unless the levying officer files a notice of a one-year extension of the attachment as required by Section 5641, the attachment lien shall expire three years from the date the order authorizing the attachment is issued by the court.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code; Section 488.385, Code of Civil Procedure. Reference: Section 18075.5, Health and Safety Code; Sections 488.385(a) and 488.540(a), Code of Civil Procedure.
s 5641. Filing a One-Year Extension on a Attachment Lien Recorded with the Department.
(a) When a plaintiff has acquired an attachment lien, and the attachment lien has been recorded with the department, the plaintiff may request a one-year extension of the recording of the attachment lien by submitting the following:
(1) The levying officer shall submit a written request for an extension by submitting to the department a statement signed under penalty of perjury which contains the following information:
(A) The unit identifying information.
(B) The registered owner(s) identifying information.
(C) A statement that the unit is equipment of a going business in the possession or under the control of the registered owner(s) who is also the defendant named in the attachment lien.
(D) The name and address of the plaintiff.
(E) The name of the court and the case number under which the attachment lien was ordered.
(2) The levying officer shall transmit with the request for extension as described in subsection (a)(1), payment of the three-dollar filing and indexing fee.
(b) The department shall not accept more than five notices of one-year extensions of a single attachment lien filed on the title of a manufactured home, mobilehome, multi-unit manufactured housing, or commercial coach.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code; Section 488.385, Code of Civil Procedure. Reference: Section 18075.5, Health and Safety Code; Sections 488.385(b) and 488.510(b), (c) and (d), Code of Civil Procedure.
s 5642. Reporting the Release of an Attachment Lien.
(a) In order to file a release of an attachment lien previously recorded on the title of a manufactured home, mobilehome, multi-unit manufactured housing, or commercial coach, the levying officer shall provide the department with statement signed under penalty of perjury which contains the following:
(1) The unit identifying information.
(2) The registered owner(s) identifying information.
(3) A written request to release the attachment lien previously filed with the department and providing the court name and case number under which the lien was ordered.
(b) The levying officer shall transmit with the completed statement as described in subsection (a), payment of the three dollar filing and indexing fee.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code; Section 488.385, Code of Civil Procedure. Reference: Section 18075.5, Health and Safety Code; Sections 488.385(b) and 488.730(c) and (d), Code of Civil Procedure.
s 5643. Requesting Attachment Lien Information.
(a) In order to request information on an attachment lien recorded with the department, the applicant shall submit a written request for attachment information signed under penalty of perjury which contains the following information:
(1) The unit identifying information.
(2) The registered owner(s) identifying information.
(3) The name and address of the requester.
(b) The requester shall submit with the request for information as described in subsection (a), payment of the three dollar certificate fee.
(c) If a copy of the notification of attachment lien as described in Section 5640, the requester shall submit with the request for attachment information as described in subsection (a), payment of the photocopy fee per page as required in subsection 5660(m).
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code; Section 488.385, Code of Civil Procedure. Reference: Section 18075.5, Health and Safety Code; Sections 488.385(c), Code of Civil Procedure.
s 5650. Requesting a Title Search.
(a) A request for information on the current registration and title status of a manufactured home, mobilehome, multi-unit manufactured housing, commercial coach, truck camper, or floating home shall comply with the requirements of this section.
(b) The requester shall submit a request for a title search which contains the following information:
(1) The name, address, and telephone number of the requester.
(2) The requester's file number, if any.
(3) The unit identifying information.
(4) The registered owner name(s) and address.
(c) The requester shall mail or submit in person the completed request, with payment of one of the following fees:
(1) The fee for the informal title search request as required by subsection 5660(k), or
(2) The fee for the formal title search request as required by subsection 5660(l).
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Section 18081(a) and (b), Health and Safety Code.
s 5651. Establishing a Requester Account.
(a) A requester may establish a prepaid title search account with the department and make requests for information on the registration and title status of units by complying with the following requirements.
(b) The requester shall complete and submit to the department a requester account agreement which contains the following:
THIS AGREEMENT, made and entered into this ___________ day of _____ 19___, between the STATE OF CALIFORNIA, acting by and through the DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT, herein called "seller" and ______________ enter requester's name ________________________, herein called "buyer".
WHEREAS, buyer desires to purchase information from seller's records, it is agreed that the seller will furnish said information as soon as possible after receipt of request, except that seller may elect to cease furnishing said information for other reasons required by law or regulation, and
IT IS FURTHER AGREED that buyer will place an initial advance deposit with the seller, of not less than $250 to cover the seller's estimated cost for processing subsequent individual requests, including salaries and wages, operating expenses and equipment. Current information service costs are $25 for Informal Title Search and $35 for Formal Title Search per record. Payment must be in the form of a negotiable check or money order and must reach the seller before delivery of information.
IT IS FURTHER AGREED that buyer will maintain a level of advance deposit sufficient to cover the services requested from seller.
BUYER AGREES to comply with the provisions of Title 15, U.S.C., Sections 1681 to 1681(t) (Credit Reporting Agencies), if these sections are applicable to the buyer's business and method of operation.
Except for the election of seller to cease furnishing information or to cancel this contract upon notice as above provided, this contract shall continue until canceled by either party upon thirty (30) days written notice to the other.
(c) The requester account agreement shall provide a list of authorized employees who may use the account to requester title search information from the department.
(d) The requester account shall be signed by the department and by the party requesting the account.
(e) The requester shall place an advance deposit with the department as required by the signed requester account agreement pursuant to subsection (b).
(f) The requester shall maintain the confidentiality of the account number assigned the requester by the department.
(g) The requester shall maintain the balance of the advance deposit at an amount adequate to cover the services requested.
(h) The department shall accept requests for information,
(1) made in person by an authorized person,
(2) made through the mail by an authorized person,
(3) requested over a facsimile machine by an authorized person, and
(4) made by telephone by an authorized person.
(l) The department may cancel the requester account if the requester fails to comply with subsections (a) through (h).
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Section 18081(a) and (b), Health and Safety Code.
s 5660. Schedule of Fees and Penalties.
(a) Penalties under this chapter accrue when an application is submitted one or more calendar days after the statutory time frame, as evidenced by:
(1) the postmark date of the application; or
(2) the date-stamp entered by the department if the application was delivered to the department.
(b) Transfer Fee: Thirty-five dollars ($35.00) to add, delete, or change the name of the registered owner(s) of a unit.
(c) Transfer Penalty: Twenty-five dollars ($25.00) when the application for transfer is submitted more than twenty (20) calendar days after the date of sale or transfer by a non-dealer, or more than ten (10) calendar days after the date of sale or transfer by a dealer.
(d) Foreclosure/Repossession Fee. Thirty-five dollars ($35.00) to submit an application for foreclosure or repossession of a unit.
(e) Foreclosure/Repossession Penalty: Twenty-five dollars ($25.00) when an application for foreclosure or repossession is submitted more than sixty (60) calendar days after the date of foreclosure or repossession.
(f) Duplicate Certificate of Title Fee. Twenty-five dollars ($25.00) to apply for duplicate certificate of title for a unit.
(g) Duplicate Registration Card Fee. Twenty-five dollars ($25.00) to apply for a duplicate registration card for a unit.
(1) If duplicate registration cards are required for a manufactured homes or mobilehomes registered under two or more separate DMV decals, a duplicate registration card fee is charged for each duplicate registration card needed.
(h) Substitute Decal Fee. Twenty-five dollars ($25.00) to apply for a substitute decal.
(i) Substitute Year Sticker Fee. Twenty-five dollars ($25.00) to apply for a substitute, year sticker.
(j) Escrow Opening Fee. Thirty-five dollars ($35.00) to establish a 120- calendar day moratorium on the permanent title record of a manufactured home, mobilehome, multi-unit manufactured housing, commercial coach, trucker camper, or floating home.
(k) Informal Title Search Fee. Twenty-five dollars ($25) to submit a request for an informal title search to be returned by mail, picked up by a courier, or, if the customer has a requester account, returned by a facsimile machine.
(l) Formal Title Search Fee. Thirty-five dollars ($35.00) to submit a request for a formal title search to be returned by mail, picked up by a courier or, if the customer has a requester account, returned by a facsimile machine.
(m) Lien Registration Service Fee. Twenty-five dollars ($25.00) to add, delete, or change the legal owner(s) or junior lienholder(s) on a unit.
(n) Situs Change Fee. Twenty-five dollars ($25.00) to report a change of situs address of a unit.
(o) Home Address Confidentiality Fee. Seven dollars ($7) to submit a request for confidentiality of the home address of a registered owner.
(p) Photocopy Fee. Five dollars ($5.00) per each side of a document.
(q) Certification of Photocopy(s) Fee. Ten dollars ($10.00) to certify all documents requested at the same time on a particular unit.
(r) Non-Resident Fee. Thirty-five dollars ($35.00) to re-register a unit brought into California from another state in the same registration year in which the unit had been removed from California.
(s) Manufactured Home Recovery Fund Fee. Ten dollars ($10.00) for each sale of a manufactured home or mobilehome reported to the department.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Sections 18021.5, 18035(d)(2), 18075(c), 18080.5(b)(2), 18080.7(a), 18081(c) and (d), 18085(a), 18086, 18090.5, 18100, 18100.5, 18108, 18108.5, 18110, and 18117.5, Health and Safety Code; Section 6257, Government Code.
s 5661. Application for Refund.
(a) To obtain a refund of fees and/or penalties erroneously paid to the department under this chapter, the applicant shall submit a written request for a refund, signed under penalty of perjury, which must include:
(1) the unit identifying information;
(2) the date the fees in question were paid to the department;
(3) the name and address of the party requesting the refund;
(4) the name and address of the registered owner(s) of record;
(5) the situs address of the unit;
(6) the amount of the refund requested, and
(7) an explanation of the basis for the refund request.
(b) For that portion of a year's annual renewal fees paid by a non-exempt owner, which relates to the period between the effective date of an exemption and the end of the registration year for which the fees were due or were paid, no refund or prorated reduction of those annual renewal fees will be made if the exemption becomes effective after the beginning of the registration year.
(c) The application for refund must be submitted within three years from the date the fees and/or penalties were paid.
(d) Any refund will be issued in the name of the requesting party.
(e) In the event that excess fees are submitted with an application to transfer, the department will refund the excess fees to the escrow or title company, or, if no escrow or title company was used for the transaction, to the payor.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code; Section 13143, Government Code. Reference: Sections 18075 and 18085, Health and Safety Code; Section 13143, Government Code.
s 5662. How to Establish an Exemption from Fees for Governmental Entities.
(a) To obtain an exemption from registration fees or other fees due under this chapter, the exempt entity must submit a written request for exemption signed under penalty of perjury, which includes:
(1) the unit identifying information;
(2) that the unit is owned or leased by the exempt entity, as defined in Health and Safety Code section 18076;
(3) the effective date of the exemption, as defined by:
(A) the date the exempt entity signed a purchase contract or security agreement and paid the purchase price, or
(B) the date the exempt entity took physical possession or delivery of the unit.
(b) Payment of fees which became due prior to the effective date of the exemption, pursuant to Sections 18114, 18114.1, 18115, and 18116 of the Health and Safety Code, shall be paid.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code; Section 10781, Revenue and Taxation Code. Reference: Sections 18076, 18114, 18114.1, 18115 and 18116, Health and Safety Code; Section 10781, Revenue and Taxation Code.
s 5663. How to Establish an Exemption from In Lieu Taxation for Nonresident Military Personnel.
(a) To obtain an exemption from in lieu taxation of a unit owned by a nonresident member of the military, the application must include:
(1) a statement signed under penalty of perjury by one of the registered owner(s) which includes:
(A) the unit identifying information;
(B) the situs address of the unit;
(C) that the registered owner is on active duty as a member of the U.S. Armed Forces;
(D) that the registered owner is not a resident of the State of California;
(E) the state or country the registered owner claims as his or her legal residence;
(F) the duty station of the registered owner;
(G) that the unit is not used in connection with a trade or business;
(H) the registration year(s) for which the exemption is being requested; and
(I) the date the exemption took effect, as defined by:
1. the date the qualifying registered owner signed a purchase contract or security agreement and paid the purchase price of the unit; or
2. the date the qualifying registered owner took physical possession or delivery of the unit.
(2) Payment of fees which became due prior to the effective date of the exemption, pursuant to sections 18114, 18114.1, 18115, and 18116 of the Health and Safety Code.
(A) If the unit was purchased from a nonresident member of the military whose exemption claim had expired, delinquent fees due pursuant to sections 18114 and 18114.1 of the Health and Safety Code shall be paid prior to establishment of the buyer's non-resident military exemption.
(B) The nonresident military owner selling the unit shall provide a statement signed under penalty of perjury, which includes:
1. the unit identifying information; and
2. that during the period of nonrenewal of registration, he or she owned the unit.
(C) If no statement is submitted by the selling nonresident military owner, the fees required by Sections 18115 and 18116 of the Health and Safety Code shall also be paid.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Sections 18075.5, 18114, 18114.1, 18115 and 18116, Health and Safety Code; Soldiers and Sailors Civil Relief Act, Section 574, Title 50, Appendix, U.S. Code.
s 5664. How to Establish an Exemption from In Lieu Taxation for Indian-Owned Units Located on an Indian Reservation or Rancheria.
(a) To obtain an exemption from in-lieu taxation for a unit owned a member of a federally-recognized American Indian Tribe, the application shall include:
(1) a statement signed under penalty of perjury by the registered owner which includes:
(A) the unit identifying information;
(B) that the registered owner is a member of a federally recognized American Indian Tribe;
(C) the name of the Federal Indian Reservation or Rancheria upon which the unit is located
(D) the effective date of the exemption, which is the date the unit was installed on a Federal Reservation or Rancheria.
(E) the registration year(s) for which the exemption is being requested;
(2) Payment of fees due prior to the effective date of the exemption pursuant to sections 18114, 18114.1, 18115, and 18116 of the Health and Safety Code.
(3) If the unit was purchased from a member of a federally-recognized American Indian Tribe who had claimed the exemption, and that exemption had expired, all fees due pursuant to sections 18114 and 18114.1 of the Health and Safety Code shall be paid prior to the establishment of the buyer's own exemption.
(A) The former owner shall provide a statement signed under penalty of perjury which includes:
1. the unit identifying information;
2. that during the period of nonrenewal of registration, the unit was owned by a member of a federally-recognized American Indian Tribe located on an Indian Reservation or Rancheria.
(B) If no statement is submitted by the former owner, the fees prescribed in Sections 18115 and 18116 of the Health and Safety Code shall also be paid.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Sections 18075.5, 18114, 18114.1, 18115 and 18116, Health and Safety Code; Section 1360(b), United States Code 28. Bryan v. Itasca, [1976] 426 U.S. 373, 98 S. CT. 2102. California et al. v. Cabazon Band of Mission Indians et al., 480 U.S. 202.
s 5665. How to Establish an Exemption from In Lieu Taxation for a Disabled Veterans.
(a) To obtain an exemption from in-lieu taxation on a portion or all of the value of a unit owned by a disabled veteran or his/her surviving unmarried spouse, the application shall include:.
(1) A statement signed under penalty of perjury by the disabled veteran or his/her surviving spouse which contains the following information:
(A) the unit identifying information;
(B) the registered owner(s) name and address;
(C) that the unit is his/her principal place of residence;
(D) that the disability resulted from an injury or disease incurred during military service, defined as:
1. that the veteran was a resident of California at the time of entry into the service, and became blind, lost the use of two or more limbs, or became totally disabled; OR
2. that the veteran was a resident of California on November 7, 1972, and became blind in both eyes, or lost the use of two or more limbs; OR
(3.) that the veteran was a resident of California on January 1, 1975, and became totally disabled.
(E) If the applicant is the surviving spouse, that he/she has not remarried.
(F) the relationship between the disabled veteran or his/her surviving spouse and all other registered owner(s) of the unit;
(g) the date the exemption took effect, as defined by the date the disabled veteran or his/her surviving spouse
1. signed a purchase contract or security agreement and paid the purchase price; or
2. took physical possession or delivery of the unit.
(2) Payment of all fees which became due prior to the effective date of the exemption pursuant to Sections 18114, 18114.1, 18115, and 18116 of the Health and Safety Code
(A) If the unit was purchased from another disabled veteran exempt owner, any fees due after the expiration of the seller's exemption pursuant to sections 18114 and 18114.1 of the Health and Safety Code must be paid prior to establishment of the buyer's own exemption.
1. The seller shall provide a statement signed under penalty of perjury which includes all information specified in subsection (a)(1) for each year of the delinquency.
2. If no such statement by the seller is submitted, the fees prescribed in sections 18115 and 18116 of the Health and Safety Code shall also be paid.
(b) The amount of the value of the unit which is exempt from the annual in-lieu taxation is:
(1) twenty-thousand dollars ($20,000), or
(2) thirty-thousand dollars ($30,000), if the applicant's household income is less than the annual amount determined by the State Controller pursuant to the Revenue and Taxation Code Section 20585.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Sections 18114, 18114.1, 18115 and 18116, Health and Safety Code; Sections 10788, 20504 and 20585, Revenue and Taxation Code.
s 5666. How to Obtain an Exemption from the Park Purchase Fund Fee.
(a) To apply for an exemption from the Park Purchase Fund Fee required by section 18114.1 of the Health and Safety Code, the registered owner shall submit a request signed under penalty of perjury, which includes:
(1) the unit identifying information; and
(2) he/she/they own the land upon which the unit is located.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Section 18114.1, Health and Safety Code.
s 5667. Payment of Use Tax.
(a) Payment of the use tax is required to transfer ownership of a unit on:
(1) a used unit not subject to local property taxation.
(2) unit not purchased from a licensed California dealer;
(b) An application for registration of a unit subject to the collection of use tax shall include a statement signed under penalty of perjury by the purchaser, which includes:
(1) the name and address of the purchaser(s);
(2) the situs address of the unit;
(3) the unit identifying information;
(4) the date the unit was manufactured, if known;
(5) the length and width of the unit;
(6) the date of purchase;
(7) the total purchase price of the unit.
(8) if the unit is a commercial coach, an itemized list of the dollar value of each allowable deductions for in-place location, awnings, skirting, carport, patio, landscaping, shrubs, and unattached furnishings;
(9) if the unit is a used manufactured home, multi-unit manufactured housing, or mobilehome, and the use tax will be based on the retail value of the unit, rather than the full purchase price, retail price is determined by:
(A) the Kelley Blue Book value for the unit, or
(B) the NADA Appraisal Guide value.
(10) the amount of use tax due, computed by one of the following methods:
(A) multiply the total purchase price by the use tax rate for the county in which the unit is located; or
(B) multiply the total purchase price less any allowable deductions as provided in subsection (8), by the use tax rate for the county in which the unit is located; or
(C) multiply the retail value as provided in subsection (9) by the use tax rate for the county in which the unit is located.
(d) When a unit is purchased in another state and brought the unit into California 90 days or less after the date of purchase, use or sales tax paid to the state of purchase will be deducted from the total amount of use tax due the State of California, provided that the purchaser shall submit a statement, signed under penalty of perjury, which includes:
(1) the unit identifying information;
(2) the name and address of the purchaser(s);
(3) the name and address of the seller;
(4) the state to which the sales or use tax was paid;
(5) the amount of sales or use tax paid to the other state;
(6) evidence of payment of the tax, as provided by a purchase or sales contract, and payment invoice or receipt for any sales/use tax paid.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Section 18123, Health and Safety Code; and Sections 6292 and 6406, Revenue and Taxation Code.
s 5668. How To Establish an Exemption from Use Tax.
(a) To obtain an exemption from payment of use tax, an application must include either:
(1) Form BT 111, Certificate of Use Tax Exemption, or such other form as may be issued by the State Board of Equalization, when:
(A) the use tax has been paid directly to the board, or
(B) the board has determined that no use tax is due.
(2) a statement signed under penalty of perjury by the licensed California manufacturer, out-of-state manufacturer, or out-of-state dealer who sold the unit, which includes
(A) that the selling entity collected California Use Tax; and
(B) the resale license number under which the use tax was submitted to the Board.
(3) a purchase document which shows that the unit was purchased in another state more than 90 days prior to the date the unit was brought into California.
(4) a statement signed under penalty of perjury by the new registered owner, which includes:
(A) the unit identifying information;
(B) that the unit was obtained under one of the following circumstances;
1. as a gift;
2. from a parent, grandparent, grandchild, child, or spouse and the name of the parent, grandparent, grandchild, child or spouse being added to or deleted from the title record of the unit;
3. from a brother or a sister; and that both the buyer and seller are minors related by blood or adoption
4. as a result of an inheritance;
5. pursuant to a court order, provided that the unit is being registered in the name of the party named in the court order;
6. a transfer to a revocable trust in which all of the following apply:
A. the seller has an unrestricted power to revoke the trust;
B. the sale does not result in any change in the beneficial ownership of the property;
C. the trust provides that upon revocation of the trust the property will revert wholly to the seller, and;
D. the only consideration for the sale is the assumption by the trust of an existing loan for which the tangible personal property being transferred is the sole collateral for the assumed loan.
(C) if the unit was purchased from a relative, that the seller is not engaged in the business of selling the type of property for which the exemption is claimed.
Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Section 18123, Health and Safety Code; and Sections 6285 and 6292, Revenue and Taxation Code.
s 5802. Authority and Purpose.
(a) The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Pub. L. No. 104-193, 8 U.S.C. s 1621), among other provisions, requires that receipt of public benefits be limited to U.S. citizens and qualified aliens. Public benefits provided by state governments are subject to this federal Act.
(b) The purpose of this chapter is to implement this requirement by establishing procedures for verifying the citizenship or qualified alien status of beneficiaries or prospective beneficiaries of certain housing regulatory programs administered by the Department of Housing and Community Development (hereinafter "the Department").
Note: Authority cited: Sections 17003.5, 17020, 18015, 18020, 18300, 19990 and 19991.3, Health and Safety Code; and Section 15376, Government Code. Reference: 8 U.S.C. Sections 1621, 1641 and 1642; Sections 17003.5, 17020, 18015, 18020, 18300, 19990 and 19991.3, Health and Safety Code; and Section 15376, Government Code.
s 5804. Application.
The provisions of this chapter shall apply to the following housing regulatory programs administered by the Department, with regulations located in the Division of Codes and Standards (hereinafter the Division):
(a) Employee Housing (Chapter 1, Subchapter 3, beginning with s 600);
(b) Mobilehome Parks (Chapter 2, Subchapters 1 and 2, beginning with s 1000);
(c) Factory-Built Housing (Chapter 3, Subchapter 1, beginning with s 3000);
(d) Manufactured Housing (Chapter 3, Subchapter 2, beginning with s 4000);
(e) Occupational Licensing (Chapter 4, Subchapter 1, beginning with s 5000, and Subchapter 2, commencing with s 5300).
Note: Authority cited: Sections 17003.5, 17020, 18015, 18020, 18300, 19990 and 19991.3, Health and Safety Code; and Section 15376, Government Code. Reference: 8 U.S.C. Sections 1621, 1641 and 1642; Sections 17003.5, 17020, 18015, 18020, 18300, 19990 and 19991.3, Health and Safety Code; and Section 15376, Government Code.
s 5806. Definitions.
The following definitions shall apply to this chapter:
(a) "Alien" means any person not a citizen or national of the United States.
(b) "Applicant" means a person applying for a public benefit subject to this chapter. "Applicant" does not include a partnership or a corporation.
(c) "Department" means the California Department of Housing and Community Development.
(d) "Enforcement Agency" means the department or, for purposes of the Employee Housing regulations (Chapter 1, Subchapter 3, beginning with s 600), an enforcement agency as defined in s 17007 of the Health and Safety Code, or, for purposes of the Mobilehome Parks regulations (Chapter 2, Subchapters 1 and 2, beginning with s 1000), an enforcement agency as defined in s 18207 of the Health and Safety Code.
(e) "INA" means the Immigration and Nationality Act (8 U.S.C. s 1101 et seq.).
(f) "INS" means the United States Immigration and Naturalization Service.
(g) "Nonimmigrant" means the same as in Section 101(a)(15) of the INA (8 U.S.C. s 1101 (a)(15)).
(h) "PRWORA" means the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Pub. L. No. 104-193, 8 U.S.C. s 1621).
(i) "Public Benefit" means any of the following:
(1) A permit to operate employee housing, including a permit renewal, multiple year permit or a conditional permit, obtained under Employee Housing regulations, Article 4 of Chapter 1 of this Division, beginning with s 631;
(2) A permit to operate a mobilehome park or special occupancy park, obtained under Mobilehome Parks Act regulations, Chapter 2 of this Division, beginning with s 1000;
(3) A certification by the Department of a design approval agency, quality assurance agency, or quality assurance inspector, obtained under Factory-Built Housing regulations, Subchapter 1 of Chapter 3 of this Division, beginning with s 3000;
(4) A certification by the department of a design approval agency, quality assurance agency, or quality assurance inspector, obtained under Manufactured Housing regulations, Article 5 of Subchapter 2 of Chapter 3 of this Division, beginning with s 4850.
(5) An occupational license, temporary permit, instructor approval, or 90-day certificate issued by the department to a manufacturer, dealer, distributor, salesperson, 90-day certificate holder, course provider, or instructor, obtained under Manufactured Housing Sales, Occupational Licensing and Education regulations, Subchapter 1 of Chapter 4 of this Division, beginning with s 5000, or Subchapter 2 of Chapter 4 of this Division, beginning with s 5300.)
(j) "Qualified Alien" means an alien who, at the time he or she applies for, receives, or attempts to receive a public benefit, is, under Section 431(b) of the PRWORA (8 U.S.C. s 1641(b)), any of the following:
(1) An alien who is lawfully admitted for permanent residence under the INA (8 U.S.C. s 1101 et seq.);
(2) An alien who is granted asylum under Section 208 of the INA (8 U.S.C. s 1158);
(3) A refugee who is admitted to the United States under Section 207 of the INA (8 U.S.C. s 1157);
(4) An alien who is paroled into the United States under Section 212(d)(5) of the INA (8 U.S.C. s 1182(d)(5)) for a period of at least one year;
(5) An alien whose deportation is being withheld under Section 243(h) of the INA (8 U.S.C. s 1253(h)) (as in effect immediately before the effective date of section 307 of division C of Public Law 104-208) or Section 241(b)(3) of such Act (8 U.S.C. s 1251(b)(3)) (as amended by Section 305(a) of division C of Public Law 104-208);
(6) An alien who is granted conditional entry pursuant to Section 203(a)(7) of the INA as in effect prior to April 1, 1980 (8 U.S.C. s 1153(a)(7)). (See editorial note under 8 U.S.C. s 1101, "Effective Date of 1980 Amendment.");
(7) An alien who is a Cuban or Haitian entrant (as defined in section 501(e) of the Refugee Education Assistance Act of 1980 (8 U.S.C. s 1522 note));
(8) An alien who meets all of the conditions of subparagraphs (A), (B), (C), and (D) below:
(A) The alien has been battered or subjected to extreme cruelty in the United States by a spouse or a parent, or by a member of the spouse's or parent's family residing in the same household as the alien, and the spouse or parent of the alien consented to, or acquiesced in, such battery or cruelty. For purposes of this subsection, the term "battered or subjected to extreme cruelty" includes, but is not limited to, being the victim of any act or threatened act of violence including any forceful detention, which results or threatens to result in physical or mental injury. Rape, molestation, incest (if the victim is a minor), or forced prostitution shall be considered acts of violence.
(B) In the opinion of the enforcement agency there is a substantial connection between such battery and cruelty and the need for the benefits to be provided. For purposes of this subsection, the following circumstances demonstrate a substantial connection between the battery or cruelty and the need for the benefits to be provided:
1. The benefits are needed to enable the alien to become self-sufficient following separation from the abuser.
2. The benefits are needed to enable the alien to escape the abuser and/or the community in which the abuser lives, or to ensure the safety of the alien from the abuser.
3. The benefits are needed due to a loss of financial support resulting from the alien's separation from the abuser.
4. The benefits are needed because the battery or cruelty, separation from the abuser, or work absences or lower job performance resulting from the battery or extreme cruelty or from legal proceedings relating thereto (including resulting child support, child custody, and divorce actions) cause the alien to lose his or her job or to earn less or to require the alien to leave his or her job for safety reasons. (continued)