BILL NUMBER: SB 237	CHAPTERED  07/07/05

	CHAPTER  35
	FILED WITH SECRETARY OF STATE  JULY 7, 2005
	APPROVED BY GOVERNOR  JULY 7, 2005
	PASSED THE ASSEMBLY  JUNE 23, 2005
	PASSED THE SENATE  APRIL 21, 2005
	AMENDED IN SENATE  APRIL 19, 2005

INTRODUCED BY   Senator Migden

                        FEBRUARY 15, 2005

   An act to add Section 798.19.5 to the Civil Code, relating to
mobilehomes.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 237, Migden  Mobilehome parks: transfers of mobilehomes.
   The Mobilehome Residency Law regulates the terms and conditions of
tenancies in mobilehome parks and prohibits a mobilehome park rental
agreement from containing a provision by which the homeowner waives
the rights provided by it.  The Mobilehome Residency Law provides
certain parties specified rights in connection with the transfer of
mobilehomes in the park and grants to park management the right of
prior approval of a purchaser of a mobilehome to remain in the park.

   This bill would prohibit a mobilehome park rental agreement
entered into or renewed on and after January 1, 2006, from including
any other provision that grants to management the right of first
refusal to purchase a homeowner's mobilehome that is in the park and
offered for sale to a third party, as specified. The bill would also
specify that it does not preclude a separate agreement for separate
consideration granting the park owner or management a right of first
refusal to purchase a homeowner's mobilehome that is in the park and
offered for sale.


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


  SECTION 1.  Section 798.19.5 is added to the Civil Code, to read:
   798.19.5.  A rental agreement entered into or renewed on and after
January 1, 2006, shall not include a clause, rule, regulation, or
any other provision that grants to management the right of first
refusal to purchase a homeowner's mobilehome that is in the park and
offered for sale to a third party pursuant to Article 7 (commencing
with Section 798.70). This section does not preclude a separate
agreement for separate consideration granting the park owner or
management a right of first refusal to purchase the homeowner's
mobilehome that is in the park and offered for sale.