Code Section Group

Revenue and Taxation Code - RTC

DIVISION 2. OTHER TAXES [6001 - 61045]

  ( Heading of Division 2 amended by Stats. 1968, Ch. 279. )

PART 10.5. SENIOR CITIZENS PROPERTY TAX ASSISTANCE AND POSTPONEMENT LAW [20501 - 20646]

  ( Heading of Part 10.5 amended by Stats. 1978, Ch. 43. )

CHAPTER 3.3. Senior Citizens Mobilehome Property Tax Postponement Law [20639 - 20639.13]
  ( Chapter 3.3 added by Stats. 1983, Ch. 1051, Sec. 21. )

20639.
  

This chapter shall be known and may be cited as the “Senior Citizens Mobilehome Property Tax Postponement Law.”

(Added by Stats. 1983, Ch. 1051, Sec. 21. Repealed as of July 1, 2019, pursuant to Section 20639.13. See same-numbered section, as added by Stats. 2018, Ch. 896.)

20639.1.
  

(a) Unless the context otherwise requires or unless otherwise provided in this chapter, the definitions given in Chapter 1 (commencing with Section 20501) and Chapter 2 (commencing with Section 20581) shall govern the construction of this chapter.

(b) Unless the context otherwise dictates or unless otherwise provided in this chapter, the provisions of Chapter 1 (commencing with Section 101) and Chapter 2 (commencing with Section 155) of Part 1 of Division 1 of this code, Section 2931c of the Civil Code, Chapter 4.5 (commencing with Section 14735) of Part 5.5 of Division 3 of Title 2 of the Government Code, Chapter 6 (commencing with Section 16180) of Part 1 of Division 4 of Title 2 of the Government Code, Division 13 (commencing with Section 17000) of the Health and Safety Code, and Division 9 (commencing with Section 9101) of the Commercial Code shall be applicable to property tax postponements made pursuant to this chapter.

(Amended by Stats. 1994, Ch. 668, Sec. 25. Effective January 1, 1995. Repealed as of July 1, 2019, pursuant to Section 20639.13. See same-numbered section, as added by Stats. 2018, Ch. 896.)

20639.2.
  

(a) As used in this part, “mobilehome” means a mobilehome, as defined in Sections 18008 and 18211 of the Health and Safety Code, to which one of the following applies:

(1) It was first sold new on or after July 1, 1980.

(2) It was first sold new on or before June 30, 1980, and with respect to which the license fee required to be paid pursuant to Part 5 (commencing with Section 10701) of Division 2 has been delinquent for 120 days or more.

(3) It was first sold new on or before June 30, 1980, and a request for voluntary transfer to local property taxation was made pursuant to Section 18119 of the Health and Safety Code.

(b) As used in this chapter, “postponement” refers to mobilehome loans established prior to February 20, 2009.

(Amended by Stats. 2015, Ch. 391, Sec. 20. (SB 801) Effective January 1, 2016. Repealed as of July 1, 2019, pursuant to Section 20639.13. See same-numbered section, as added by Stats. 2018, Ch. 896.)

20639.10.
  

The Controller shall maintain a record of all persons who have received postponement amounts pursuant to this chapter. That record shall include the name and address of the claimant, the name and address of the legal owner of the mobilehome, the name and address of any other party whose consent is required by this chapter, and any other information deemed necessary by the Controller for administration purposes.

(Amended by Stats. 2014, Ch. 703, Sec. 35. (AB 2231) Effective September 28, 2014. Repealed as of July 1, 2019, pursuant to Section 20639.13. See same-numbered section, as added by Stats. 2018, Ch. 896.)

20639.11.
  

All amounts postponed pursuant to this chapter shall be due if any of the following occurs:

(a) The claimant ceases to occupy the residential dwelling as the principal place of residence, sells, or otherwise disposes of his or her mobilehome.

(b) The claimant dies. However, if the surviving spouse was previously approved pursuant to this chapter continues to occupy the mobilehome, then the postponed amounts shall not be due unless that person dies or ceases to occupy the residential dwelling.

(c) The failure of a claimant to perform those acts required by the legal owner or junior lienholder.

(d) The claimant allows any subsequent taxes to remain unpaid or to be transferred to the unsecured roll.

(e) Postponement was erroneously allowed because eligibility requirements were not met.

(Amended by Stats. 2014, Ch. 703, Sec. 36. (AB 2231) Effective September 28, 2014. Repealed as of July 1, 2019, pursuant to Section 20639.13. See same-numbered section, as added by Stats. 2018, Ch. 896.)

20639.12.
  

If the Controller determines that amounts postponed under this chapter have become due and payable, the Controller may take any or all of the following actions:

(a) Demand payment of that amount from the claimant, the estate of any decedent claimant, or any person who was a cotenant with the claimant pursuant to the registration card.

(b) Direct the Department of General Services to seize and sell any property pledged by the claimant as security for postponement.

(c) Request the Attorney General to bring an action to recover amounts postponed under this chapter by the claimant.

(d) Utilize any or all of the other enforcement and foreclosure provisions set forth in Article 3 (commencing with Section 16200) of Chapter 6 of Part 1 of Division 4 of Title 2 of the Government Code, as may be applicable.

(Amended by Stats. 2014, Ch. 703, Sec. 37. (AB 2231) Effective September 28, 2014. Repealed as of July 1, 2019, pursuant to Section 20639.13. See same-numbered section, as added by Stats. 2018, Ch. 896.)

20639.13.
  

This chapter is repealed on July 1, 2019.

(Added by Stats. 2018, Ch. 896, Sec. 16. (SB 1130) Effective January 1, 2019. Repealed as of July 1, 2019, by its own provisions. See same-numbered section, as added by Stats. 2018, Ch. 896. Note: Repeal affects Chapter 3.3, commencing with Section 20639.)

RTCRevenue and Taxation Code - RTC