Section 50777 Of Chapter 10. Homeownership Assistance From California Health And Safety Code >> Division 31. >> Part 2. >> Chapter 10.
50777
. (a) The department, directly or through a government agency
or mortgage lender, and subject to the provisions of subdivision (a)
of Section 50776, may provide financial assistance to nonprofit
corporations and stock cooperative corporations to enable these
corporations to develop or purchase a mobilehome park, ownership of
which will be transferred within a reasonable time to shareholders or
owners who are persons and families of low or moderate income. Such
financial assistance shall not exceed 49 percent of the purchase
price or development costs of the mobilehome park which may be
directly attributed to the number or ratio of persons or families
with incomes, not in excess of the median income of the county, who
will occupy the park. Assistance pursuant to this subdivision shall
not render a person or household ineligible for assistance pursuant
to subdivision (b).
(b) The department, directly or through a governmental agency or
mortgage lender, and subject to the provisions of subdivision (a) of
Section 50776, may provide financial assistance to persons or
families with incomes not in excess of the median income for the
county in which the mobilehome park is located to enable such persons
or families to purchase a share in a stock cooperative corporation
which owns a mobilehome park. In order to be eligible for assistance
pursuant to this section, these persons and families in addition
shall be limited to households (1) which do not currently own
residential property and have not owned any residential property,
other than a mobilehome not affixed to a permanent foundation, for at
least three years, (2) which have not previously received any
assistance pursuant to this chapter and (3) which, without financial
assistance pursuant to this section, would be unable to acquire a
dwelling unit, mobilehome, or a share in a stock cooperative. Such
assistance shall not exceed 49 percent of the purchase price paid by
the household for the share in the stock cooperative. The department
may establish a maximum purchase price for such shares. Upon sale or
transfer of a share the purchase of which is assisted pursuant to
this section, the shareholder shall pay to the department an amount
proportionate to the percentage of the initial purchase price which
was paid with financial assistance provided by the department
pursuant to this section, as adjusted for improvements made by the
corporation or shareholder. The contract for assistance may require
that the department not receive in repayment less than the amount of
assistance originally provided. The adjustment for improvements shall
be made as set forth in Section 50776.
(c) In no event shall the assistance provided pursuant to
subdivision (a) or (b) be used to reduce the purchaser's downpayment
below 3 percent of the total purchase price.
(d) Upon sale or transfer of a mobilehome park assisted pursuant
to this section, the corporation which owns such park shall pay to
the department an amount proportionate to the percentage of the
initial purchase price or development cost which was paid by the
department pursuant to this section, as adjusted for improvements
made by the corporation. The contract for assistance may require that
the department not receive in repayment less than the amount of
assistance originally provided. The adjustment for improvements shall
be made as set forth in Section 50776. For this purpose
"improvements" shall be defined by regulations of the department,
adopted in accordance with the provisions of Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code, and shall be limited to substantial repairs,
renovations or additions which increase the value of the mobilehome
park or of the shares of the corporation or which bring such
mobilehome parks or mobilehomes within mobilehome parks assisted
pursuant to this section into conformance with local or state
building or housing standards.
(e) Financial assistance shall be provided pursuant to a contract
which requires, among other things, restrictions on occupancy,
including owner occupancy maintenance and payment of the full amount
of taxes and insurance by the shareholders. Every contract required
by this section shall be secured by a deed of trust, security, or
other interest determined adequate by the department to protect the
interests of the state. The deeds of trust, security, or other
instruments shall be recorded in the office of the county recorder of
the county in which such mobilehome park is located.
(f) Any contract pursuant to this section may permit the recipient
of financial assistance to terminate the contract required by this
section upon payment to the department of the amount which would be
owed to the department if the mobilehome park or share in a stock
cooperative, as the case may be, were sold at fair market value at
the time of such repayment. These contracts, subject to regulations
adopted by the department, may also permit partial repayments prior
to sale or transfer.
(g) Contracts pursuant to this section shall also require that the
recipient comply with all terms and conditions of, and make all
payments required by, any instrument secured by the park or shares in
the stock cooperative.