Floating home marinas: rent caps.

Existing law, the Tenant Protection Act of 2019, prohibits, with certain exceptions, an owner of residential real property from increasing the gross rental rate for a dwelling or unit more than 5% plus the percentage change in the cost of living, as defined, or 10%, whichever is lower, of the lowest gross rental rate charged for the immediately preceding 12 months, subject to specified conditions. Existing law, the Floating Home Residency Law, prescribes various terms and conditions on tenancies in floating home marinas, as defined. Existing law defines "floating home marina" for these purposes as an area where 5 or more floating home berths are rented, or held out for rent, to accommodate floating homes, but does not include, among other things, a marina where 10% or fewer of the berths are leased or held out to lease to floating homes. This bill would revise the definition of "floating home marina" by deleting the provision that excludes a marina where 10% or fewer of the berths are leased or held out to lease to floating homes. Existing law defines "tenancy" for purposes of the Floating Home Residency Law as the right of a homeowner to the use of a berth within a floating home marina to locate, maintain, and occupy a floating home, and accessory structures or vessels, including the use of the services and facilities of the floating home marina. Existing law requires the management of a floating home marina to give a homeowner written notice of any increase in their rent at least 30 days before the date of the increase, the reason for the increase, and the basis for any calculation used in determining the amount of the increase. This bill would, until January 1, 2030, prohibit the management of a floating home marina in the county of Alameda, Contra Costa, or Marin, from increasing the gross rental rate for a tenancy in a floating home marina by more than 3% plus the percentage change in the cost of living, as defined, or 5%, whichever is lower, of the lowest gross rental rate charged at any time during the immediately preceding 12 months, as specified. The bill would prohibit management of a floating home marina from increasing the gross rental rate for a tenancy in more than 2 increments over a 12-month period, after the tenant maintains the tenancy over a 12-month period. The bill would prohibit management from establishing the initial rental rate of a new homeowner that purchases a floating home in the marina if the purchase qualifies as an in-place transfer, as specified. The bill would define "in-place transfer" as a sale of a floating home where the floating home is transferred and remains docked at the same berth. This bill would exempt specified floating home berths from the rental rate increase limitations described above, including, among others, floating home berths restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable for very low, low-, or moderate-income persons and families. The bill would specify that these provisions apply to rent increases for a tenancy in a floating home marina occurring on or after January 1, 2022. The bill would provide that in the event that management increases the rent by more than the amount specified above between January 1, 2022, and January 1, 2023, then the applicable rent on January 1, 2023, is the rent as of January 1, 2022, plus the maximum permissible increase, and that management is not liable to the homeowner for any corresponding rent overpayment. The bill would void any waiver of the rights provided under these provisions. This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Alameda, Contra Costa, and Marin.