BILL NUMBER: SB 125	CHAPTERED  06/30/05

	CHAPTER  24
	FILED WITH SECRETARY OF STATE  JUNE 30, 2005
	APPROVED BY GOVERNOR  JUNE 30, 2005
	PASSED THE ASSEMBLY  JUNE 20, 2005
	PASSED THE SENATE  MAY 16, 2005
	AMENDED IN SENATE  MAY 10, 2005
	AMENDED IN SENATE  APRIL 25, 2005
	AMENDED IN SENATE  MARCH 30, 2005

INTRODUCED BY   Senator Dutton

                        JANUARY 31, 2005

   An act to amend Sections 798.36 and 798.55 of the Civil Code,
relating to mobilehomes.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 125, Dutton.  Mobilehome parks: fees and charges.
   (1) Existing law regulates the terms and conditions of residencies
in mobilehome parks. Existing law prohibits the management of a
mobilehome park from charging a fee for the enforcement of a rule or
regulation of the park, except that management may charge a
reasonable fee for the maintenance of the land and premises where the
mobilehome is situated if the homeowner fails to do so, as
specified.
   This bill would specify that the management of a mobilehome park
may charge a reasonable fee for cleanup of the land and premises if
the homeowner fails to do so.
    This bill would also permit management, upon its good faith
determination, to remove and store homeowner and resident personal
property, after specified notice, if it is necessary to bring the
premises into compliance with the reasonable rules and regulations of
the park or state law. The bill would provide that the homeowner or
resident is responsible for reimbursing to management the actual,
reasonable costs of removing and storing the property. The bill would
provide that these costs are deemed reasonable incidental service
charges, which management can collect pursuant to a specified
process. The bill would permit the management to dispose of the
property in any manner if the homeowner or resident does not claim
the property and reimburse management within 60 days. The bill would
provide a process for applying the proceeds of any sale or auction of
the property to the costs described above.
   (2) Existing law prohibits termination of a tenancy in a
mobilehome park except for specified reasons. Existing law requires
management of a mobilehome park to fulfill specified notice
provisions when terminating a tenancy.  Existing law prohibits
management of a mobilehome park from charging a fee for other than
rent, utilities, and incidental reasonable charges for services
actually rendered.
   This bill would provide that the cost incurred by management of a
mobilehome park in obtaining a title search on a homeowner's
mobilehome for the purpose of complying with the notice requirements,
as described above, is recoverable as a cost of suit if management
obtains a court judgment against the homeowner or resident.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 798.36 of the Civil Code is amended to read:
   798.36.
   (a) A homeowner shall not be charged a fee for the enforcement of
any of the rules and regulations of the park, except a reasonable fee
may be charged by management for the maintenance or cleanup, as
described in subdivision (b), of the land and premises upon which the
mobilehome is situated in the event the homeowner fails to do so in
accordance with the rules and regulations of the park after written
notification to the homeowner and the failure of the homeowner to
comply within 14 days. The written notice shall state the specific
condition to be corrected and an estimate of the charges to be
imposed by management if the services are performed by management or
its agent.
   (b) (1) If management determines, in good faith, that the removal
of a homeowner's or resident's personal property from the land and
premises upon which the mobilehome is situated is necessary to bring
the premises into compliance with the reasonable rules and
regulations of the park or the provisions of the Mobilehome Parks Act
(Part 2.1 (commencing with Section 18200) of Division 13 of the
Health and Safety Code) or Title 25 of the California Code of
Regulations, management may remove the property to a reasonably
secure storage facility. Management shall provide written notice of
at least 14 days of its intent to remove the personal property,
including a description of the property to be removed. The notice
shall include the rule, regulation, or code justifying the removal
and shall provide an estimate of the charges to be imposed by
management. The property to be removed shall not include the
mobilehome or its appurtenances or accessory structures.
   (2) The homeowner or resident shall be responsible for reimbursing
to management the actual, reasonable costs, if any, of removing and
storing the property. These costs incurred by management in
correcting the rules violation associated with the removal and
storage of the property, are deemed reasonable incidental service
charges and may be collected pursuant to subdivision (e) of Section
798.56 if a notice of nonpayment of the removal and storage fees, as
described in paragraph (3), is personally served on the homeowner.
   (3) Within seven days from the date the property is removed to a
storage area, management shall provide the homeowner or resident a
written notice that includes an inventory of the property removed,
the location where the property may be claimed, and notice that the
cost of removal and storage shall be paid by the resident or
homeowner.  If, within 60 days, the homeowner or resident does not
claim the property, the property shall be deemed to be abandoned, and
management may dispose of the property in any manner. The homeowner'
s or resident's liability for storage charges shall not exceed 60
days. If the homeowner or resident claims the property, but has not
reimbursed management for storage costs, management may bill those
costs in a monthly statement which shall constitute notice of
nonpayment, and the costs shall become the obligation of the
homeowner or resident. If a resident or homeowner communicates in
writing his or her intent to abandon the property before 60 days has
expired, management may dispose of the property immediately and no
further storage charges shall accrue.
   (4) If management elects to dispose of the property by way of sale
or auction, and the funds received from the sale or auction exceed
the amount owed to management, management shall refund the difference
to the homeowner or resident within 15 days from the date of
management's receipt of the funds from the sale or auction. The
refund shall be delivered to the homeowner or resident by first-class
mail postage prepaid to his or her address in the park, or by
personal delivery, and shall include an accounting specifying the
costs of removal and storage of the property incurred by management
in correcting the rules violation and the amount of proceeds realized
from any sale or auction. If a sale or auction of the property
yields less than the costs incurred by management, the homeowner or
resident shall be responsible for the difference, and this amount
shall be deemed a reasonable incidental service charge and may be
collected pursuant to subdivision (e) of Section 798.56 if a notice
of nonpayment of the removal and storage fees, as described in
paragraph (3), is personally served on the homeowner. If management
elects to proceed under this section, it may not also terminate the
tenancy pursuant to subdivision (d) of Section 798.56 based upon the
specific violations relied upon to proceed under this section. In any
proceeding under this section, management shall bear the burden of
proof that enforcement was undertaken in a nondiscriminatory,
nonselective fashion.
  SEC. 2.  Section 798.55 of the Civil Code is amended to read:
   798.55.
   (a) The Legislature finds and declares that, because of the high
cost of moving mobilehomes, the potential for damage resulting
therefrom, the requirements relating to the installation of
mobilehomes, and the cost of landscaping or lot preparation, it is
necessary that the owners of mobilehomes occupied within mobilehome
parks be provided with the unique protection from actual or
constructive eviction afforded by the provisions of this chapter.
   (b) (1) The management may not terminate or refuse to renew a
tenancy, except for a reason specified in this article and upon the
giving of written notice to the homeowner, in the manner prescribed
by Section 1162 of the Code of Civil Procedure, to sell or remove, at
the homeowner's election, the mobilehome from the park within a
period of not less than 60 days, which period shall be specified in
the notice. A copy of this notice shall be sent to the legal owner,
as defined in Section 18005.8 of the Health and Safety Code, each
junior lienholder, as defined in Section 18005.3 of the Health and
Safety Code, and the registered owner of the mobilehome, if other
than the homeowner, by United States mail within 10 days after notice
to the homeowner. The copy may be sent by regular mail or by
certified or registered mail with return receipt requested, at the
option of the management.
   (2) The homeowner shall pay past due rent and utilities upon the
sale of a mobilehome pursuant to paragraph (1).
   (c) If the homeowner has not paid the rent due within three days
after notice to the homeowner, and if the first notice was not sent
by certified or registered mail with return receipt requested, a copy
of the notice shall again be sent to the legal owner, each junior
lienholder, and the registered owner, if other than the homeowner, by
certified or registered mail with return receipt requested within 10
days after notice to the homeowner. Copies of the notice shall be
addressed to the legal owner, each junior lienholder, and the
registered owner at their addresses, as set forth in the registration
card specified in Section 18091.5 of the Health and Safety Code.
   (d)  If management obtains a court judgment against a homeowner or
resident, the cost incurred by management in obtaining a title
search for the purpose of complying with the notice requirements of
this section shall be recoverable as a cost of suit.
   (e) The resident of a mobilehome that remains in the mobilehome
park after service of the notice to sell or remove the mobilehome
shall continue to be subject to this chapter and the rules and
regulations of the park, including rules regarding maintenance of the
space.
   (f) No lawful act by the management to enforce this chapter or the
rules and regulations of the park may be deemed or construed to
waive or otherwise affect the notice to remove the mobilehome.