Mobile Home Park Application For Conversion Improperly Denied.

A mobile home park applied to a city to convert the park to resident ownership by subdividing the park into individual lots which would be offered for sale to residents. Government Code §66427.5 required the park to conduct a “survey of support.” Only a handful of park residents completed the survey, and of those, 58 percent opposed conversion. The City denied the application, finding a lack of evidence the survey was not properly conducted. The park owners asked the court for extraordinary relief, which the trial court granted. The Court of Appeal affirmed, stating the City “could not deny the application based on the survey results unless they showed the conversion was a sham—intended solely to avoid rent control and not to transfer ownership to residents. The results of the Owner’s survey showed that the conversion, although it did not have majority support, was not a sham.” Chino MHC, LP v. City of Chino (Lamplighter Chino Homeowners Association)  (Cal. App. Fourth Dist., Div. 2; October 31, 2012) (Case No. E053467) 210 Cal.App.4th 1049, [148 Cal.Rptr.3d 753].