Laws, Regulations & Annotations

Property Taxes Law Guide – Revision 2011
 

Revenue and Taxation Code

Property Taxation

Part 1. General Provisions

CHAPTER 2.6. Disaster Relief for Manufactured Homes


Chapter 2.6. Disaster Relief for Manufactured Homes*

* Chapter 2.6 was added by Stats. 1982, Ch. 1465, in effect January 1, 1983.

172. Relief from local property taxation or vehicle license fees. Whenever a manufactured home is destroyed on or after January 1, 1982, as the result of a disaster declared by the Governor, the owner shall be entitled to relief from local property taxation or vehicle license fees in accordance with the provisions of this chapter.

History.—Stats. 2002, Ch. 775 (SB 2092), in effect January 1, 2003, substituted "manufactured home" for "mobilehome" after "Whenever a" in the first sentence.

172.1. Claim; eligibility for relief; requirements. (a) To claim tax relief in accordance with the provisions of this chapter, the owner shall execute a declaration under penalty of perjury that the replaced manufactured home was destroyed by a disaster declared by the Governor and shall furnish with that declaration any other information, prescribed by the Department of Housing and Community Development after consultation with the California Assessors' Association, as is necessary to establish eligibility for relief under this chapter.

To be eligible for relief under this chapter, the replacement manufactured home must be comparable in size, utility, and location, as determined by the county assessor, with the destroyed manufactured home.

For purpose of this section, "destroyed" means damaged to such an extent that the cost of repair to the manufactured home would exceed its value at that time immediately preceding its destruction, or the manufactured home is declared a total loss for insurance purposes.

(b) If the replacement manufactured home is subject to local property taxation, the affidavit and documentation required by subdivision (a) shall be forwarded to the assessor of the county of situs. If the assessor determines that the owner of the replacement manufactured home is eligible for tax relief in accordance with the provisions of this chapter, the assessor shall, notwithstanding any other provision of law, do either of the following:

(1) If the destroyed manufactured home was subject to the vehicle license fee, enroll the replacement manufactured home with an assessed valuation so that the local property taxes paid shall be the same amount as the vehicle license fee and registration fee due on the destroyed manufactured home for the year prior to its destruction.

(2) If the destroyed manufactured home was subject to local property taxation, enroll the replacement manufactured home at a taxable value equal to the taxable value of the destroyed manufactured home at the time of its destruction.

(c) If the assessor determines that the owner of the replacement manufactured home is not eligible for tax relief in accordance with the provisions of this chapter, the replacement manufactured home shall be assessed in accordance with Part 13 (commencing with Section 5800).

(d) If the replacement manufactured home is subject to the vehicle license fee, the affidavit and documentation required by subdivision (a) shall be forwarded to the Department of Housing and Community Development. If the department determines that the owner is eligible for tax relief in accordance with the provisions of this chapter, the department shall do either of the following:

(1) If the destroyed manufactured home was subject to the vehicle license fee, assign an in-lieu taxation classification and rating year for determination of depreciation such that the owner of the replacement manufactured home will be charged registration and license fees no greater than those he or she would have been charged for the destroyed manufactured home.

(2) If the destroyed manufactured home was subject to local property taxation, assign an in-lieu taxation classification and rating year for determination of depreciation such that the owner of the replacement manufactured home will be charged registration and license fees equal to local property taxes paid on the destroyed manufactured home for the year prior to its destruction.

(e) If the department determines that a replacement manufactured home subject to the vehicle license fee is not eligible for tax relief in accordance with the provisions of this chapter, the vehicle license fee for the replacement manufactured home shall be determined in accordance with the provisions of Sections 18115 and 18115.5 of the Health and Safety Code.

(f) If the tax on a replacement manufactured home determined in accordance with subdivision (b) or (d) is greater than the tax would be if determined without reference to this chapter, the lesser amount shall be levied.

(g) If a manufactured home subject to tax relief in accordance with the provisions of this chapter is subsequently sold or transferred to another party, the subsequent owner shall not receive this tax relief unless he or she is eligible in his or her own right for that relief.

History.—Stats. 1983, Ch. 1281, in effect September 30, 1983, substituted "any" for "such" after "Declaration" and deleted "as" after "information," in the first paragraph of subdivision (a), and substituted "Part 13 (commencing with Section 5800)" for "Section 5819" after "with" in subdivision (c).

Note.—Section 22 of Stats. 1982, Ch. 1465, provided the provisions of Section 6 of this act with respect to replacement mobilehomes placed on the local property tax roll shall apply to any replacement mobilehome placed on the roll on or after January 1, 1982. However, the provisions of this act entitling owners of replacement mobilehomes to local property tax relief shall be operative commencing with the 1983–84 fiscal year, and no refunds shall be made for the 1982–83 fiscal year for any decreases in value made for the 1983–84 fiscal year or fiscal years thereafter as the result of the enactment of this act. Sec. 23 thereof provided the provisions of Section 6 of this act with respect to replacement mobilehomes subject to the vehicle license fee shall apply to any replacement mobilehome subject to vehicle license fees on or after January 1, 1982. However, the provisions of this act entitling owners of replacement mobilehomes to vehicle license fee relief shall be operative only with respect to registration and vehicle license fees for those mobilehomes which are due on or after the effective date of this act, and no refunds shall be made for any fees due prior to the effective date of this act. Sec. 26 thereof provided no appropriation is made by this act and the state shall not reimburse any local agency or school district for property tax revenues lost by it under this act. Stats. 2002, Ch. 775 (SB 2092), in effect January 1, 2003, substituted "manufactured home" for "mobilehome" throughout the text.

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