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§ 5535. Application and Scope.

25 CA ADC § 5535Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 25. Housing and Community Development
Division 1. Housing and Community Development
Chapter 5. Registration and Titling of Manufactured Homes, Mobilehomes, Multifamily Manufactured Home, Commercial Modular, Truck Campers, and Floating Homes
Article 3.5. Registration of Manufactured Homes or Mobilehomes with Fee and Tax Waiver Program
25 CCR § 5535
§ 5535. Application and Scope.
Currentness
(a) Prior to December 31, 2019, a person or entity who asserts an ownership interest of a manufactured home or mobilehome previously registered in California, as a result of a purchase or transfer of that home, but who has not registered that home in his or her name with the Department, may apply for registration of his or her interest in that home. Upon satisfaction of the requirements of this Article and the Fee and Tax Waiver Program, the person or entity shall be eligible for relief through a waiver of a portion of the Department fees and penalties outstanding on that home or waiver of all or a portion of local property taxes and late fees due on that home.
(b) A person or entity may not obtain more than one waiver pursuant to this Article.
(c) This Article does not apply to registration of new manufactured homes or mobilehomes.
(d) This Article does not apply to registration of manufactured homes or mobilehomes not previously registered in California and subject to Article 2 (commencing with Section 5520).
(e) The Department may develop and provide informational and educational materials regarding the various procedures required by this Article.
(f) The Department will provide informational materials in other commonly used languages to the extent that resources are available to do so.
(g) For the purposes of this Article, the following definitions shall apply:
(1) “Fee and Tax Waiver Program” is the fee reduction program governed by this Article and authorized by subdivision (d) of Health and Safety Code Section 18116.1.
(2) “Waiver” includes waiving, abating, forgiving, or otherwise reducing or eliminating outstanding property taxes, Department annual renewal fees, and other costs addressed in this Article.
(3) “Annual renewal fees” may include, where applicable, the Mobilehome Park Rehabilitation and Resident Ownership Program fee, registration fee, in-lieu taxation fee, and related penalties which are prescribed by this Chapter 5 and Chapter 8 (commencing with Section 18075) of the Health and Safety Code.
(4) “Registering” or “registration” shall include recording the ownership of a manufactured home or mobilehome pursuant to the Fee and Tax Waiver Program.
(5) “Processing fee” is a flat fee that is charged in-lieu of the transfer fee, duplicate certificate of title fee, duplicate reqistration card fee, and informal title search fee. It does not include fees and costs expressly prescribed by law, including, but not limited to, the Mobilehome Recovery Fund fee, Board of Equalization use tax and penalties, bonding entity fees, and photocopy fees, which are applicable to the specific facts governing the registration of an applicant's manufactured home or mobilehome.
(6) “Conditional Certificate of Title” means the temporary titling document issued by the Department as part of the Fee and Tax Waiver Program that provides proof of a conditional ownership of a mobilehome or manufactured home as a result of the Fee and Tax Waiver Program, and permits the home to be registered in the name of the applicant, but may not be used to demonstrate the status as the registered owner for the purpose of a resale or transfer of title, secure a loan or lien or for any other purpose.
(h) The fee for processing an application for registration of a manufactured home or mobilehome with a fee and tax waiver pursuant to this Article shall be $50 (fifty dollars). The Department shall charge no other Department processing fee for registration unless expressly authorized by a statute other than Section 18075 of the Health and Safety Code.

Credits

Note: Authority: Section 18075, Health and Safety Code. Reference: 18116.1, Health and Safety Code; and Section 5832, Revenue and Taxation Code.
History
1. New article 3.5 (sections 5535-5536.5) and new section filed 1-23-2017 as an emergency; operative 1-23-2017 (Register 2017, No. 4). A Certificate of Compliance must be transmitted to OAL by 7-24-2017 or emergency language will be repealed by operation of law on the following day.
2. New article 3.5 (sections 5535-5536.5) and new section refiled 7-18-2017 as an emergency, including new subsections (g)-(g)(3); operative 7-25-2017 (Register 2017, No. 29). A Certificate of Compliance must be transmitted to OAL by 10-23-2017 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 7-18-2017 order, including new section heading and amendment of section, transmitted to OAL 8-30-2017 and filed 10-12-2017; amendments operative 10-12-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 41).
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 25, § 5535, 25 CA ADC § 5535
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