Chino MHC v. City of Chino

*1053 Opinion

Chino MHC, LP (the Owner), owns Lamplighter Chino Mobile Home Park in Chino. It applied to the City of Chino (the City) to convert the park to resident ownership. This is analogous to converting an apartment building into a condominium; it would mean subdividing the park into individual lots, which would be offered for sale to the residents.

Resident ownership conversions are governed by Government Code section 66427.5 (section 66427.5). Three provisions of section 66427.5 are crucial in this case. First, section 66427.5 requires the park owner to conduct a “survey of support” to determine how many residents support the proposed conversion. (Id., subd. (d)(1).) The survey must be “conducted in accordance with an agreement between the subdivider and a resident homeowners’ association, if any . . . .” (Id., subd. (d)(2).) Second, it prohibits a local agency from denying a conversion application for any reason other than the park owner’s noncompliance with the requirements of section 66427.5 (including the survey requirement). (Id., subd. (e).) Third, it provides that, once the conversion goes into effect, the park owner obtains partial immunity from local rent…