Cal. Code Regs. tit. 25 § 5536

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 5536 - Registration Requirements for Mobilehome on Local Property Tax System

(a) If the manufactured home or mobilehome is subject to local property taxation, the applicant shall comply with the requirements of the registration and Fee and Tax Waiver Program as required by this Article except for Section 5535.5, including completion of an application form requesting the information or proof of compliance in subsections (a) through (d).

(1) The application for registration pursuant to this Article shall include a request for fee and tax waiver relief, which contains the following information:

(A) Name(s), mailing address, telephone, and email address if any, of the applicant(s);

(B) Unit identifying information;

(C) Unit location;

(D) Date of sale or transfer and purchase price, if any; and

(E) A statement of facts signed by the applicant, to the best of his or her knowledge, providing the following statements and information:

1. Applicant is applying for the Fee and Tax Waiver Program;

2. Applicant's declaration, to the best of their knowledge, that any lien pursuant to Government Code Section 16182 has been satisfied;

3. Applicant's statement that a request for the Fee and Tax Waiver Program is being made prior to December 31, 2019; and

4. Applicant(s) has not previously obtained a waiver in accordance with this Article.

(2) The applicant shall comply with the applicable registration requirements in this Chapter and submit required documents pursuant to Section 5530 when a licensed dealer was involved in the sale, lease or, transfer, with the exception of 5530(b)(4) if applicable.

(3) The applicant shall comply with the applicable registration requirements in this Chapter and submit required documents pursuant Section 5531 with the exception of 5531(c)(4) if the applicant obtained the home other than by or through a licensed dealer.

(4) In addition to the other requirements of this section, the applicant(s) shall comply with all requirements in Article 4 (commencing with Section 5540) and the following:

(A) Payment of all non-processing fees required by Chapter 5 for registration of a manufactured home or mobilehome except to the extent that they are waived by this Article;

(B) Release from the State Controller's Office of any Government Code Section 16182.1 tax postponement liens;

(C) Proof of transfer by the registered owner of record by means of a signed certificate of title or an alternative authorized by this Chapter, including but not limited to, a bond or other undertaking authorized by Section 5547;

(D) Proof of release, assumption, or satisfaction by each legal owner or junior lienholder on the title record, or alternatives authorized by this Chapter and applications and fees related thereto; and

(E) Provide proof of compliance with all laws and this Chapter not related to nonpayment or late payment of the department's charges, fees, and penalties related to registration and titling, necessary for a transfer of a manufactured home or mobilehome, including but not limited to, a smoke alarm and carbon monoxide alarm certification pursuant to Sections 4326 and 4328.

(5) Upon receipt and the Department's determination of compliance with this Chapter of the Fee and Tax Waiver Program application, payment of all fees due, and all required documents, the Department shall issue a conditional certificate of title. The conditional certificate of title issued by the Department shall contain the following:

(A) Information substantially similar to that required on the registration application as provided in Health and Safety Code Section 18085 that will show conditional registered title status in-lieu of registered ownership; and

(B) A statement that a conditional certificate of title may not be used to demonstrate registered owner status for the purposes of a resale or transfer of title, to secure a loan or lien, or for any other purpose.

(C) A seal or other unique identifier authenticating that the conditional certificate of title originated from the Department.

(6) The Department shall issue a new certificate of title and other titling documents when the applicant(s) provides the Department with all of the following:

(A) Tax Liability Certificate or Tax Clearance Certificate from the applicable county tax collector's office; and

(B) The conditional certificate of title previously issued per the Fee and Tax Waiver Program; and

(7) The applicant shall provide the information required by this section on a form provided by the Department. The form also may request other information required by Chapter 5 which is necessary to ensure the applicant(s) meets all of the requirements of this Chapter, not related to nonpayment or late payment of the Department charges or fees and penalties, related to registration and titling.

(b) The applicant must provide the following information to the Department:

(1) Applicant's description or documentation demonstrating ownership or how the applicant received ownership; and

(2) Applicant's date of acquisition of, or ownership interest, pursuant to Sections 18100.5 or 18102.5.

Cal. Code Regs. Tit. 25, § 5536

1. 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 section refiled 7-18-2017 as an emergency; 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).

Note: Authority: Section 18075, Health and Safety Code. Reference: Section 18116.1, Health and Safety Code; Section 5832, Revenue and Taxation Code; and California Code of Regulations Sections 4326 and 4328.