Colony Cove Properties, LLC v. City of Carson

Government Code section 66427.5 contains state-mandated procedures for converting a mobilehome park from landlord ownership to resident ownership. It requires, among other things, that parties seeking conversion to resident ownership obtain a “survey of support of residents of the mobilehome park” and submit the results of the survey to the local entity or agency “to be considered as part of the subdivision map hearing . . . .” (§ 66427.5, subd. (d)(1) & (5).) The statute also provides that the subdivision map hearing “shall be limited to the issue of compliance with this section.” (Id., subd. (e).) Respondent Colony Cove Properties, LLC (Colony Cove), the owner of the Colony Cove Mobilehome Park located within the boundaries of appellant City of Carson (City), challenged an ordinance enacted by the City which specified that if the survey of support indicated 50 percent or more of the park residents supported the conversion, it would be presumed bona fide; if the survey indicated resident support of 35 percent or less, the conversion would be presumed not bona fide; and if resident support fell between 35 and 50 percent, the owner would be required to demonstrate a plan…