BILL NUMBER: AB 761	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Charles Calderon

                        FEBRUARY 26, 2009

   An act to add Section 798.47 to the Civil Code, relating to
mobilehomes.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 761, as introduced, Charles Calderon. Mobilehomes: rent
control.
   The mobilehome residency law generally regulates the terms and
conditions of mobilehome tenancies in mobilehome parks. Existing law
exempts certain rental agreements relating to mobilehomes from any
local measure establishing the maximum amount that a landlord may
charge a tenant for rent.
   This bill would provide, in addition, that upon the sale,
assignment, transfer, or termination of an interest in a mobilehome
or a mobilehome tenancy in a mobilehome park, the management of the
park may offer a new rental agreement containing an initial rent in
excess of the maximum rent established by a local measure, except as
specified. The bill would provide that, after execution of the new
rental agreement, the local measure shall govern the agreement in all
applicable respects.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 798.47 is added to the Civil Code, to read:
   798.47.  (a) Notwithstanding any contrary provision of law, upon
the sale, assignment, transfer, or termination of an interest in a
mobilehome or a mobilehome tenancy in a mobilehome park, the
management of the park may offer a new rental agreement containing an
initial rent in excess of the maximum rent established by an
ordinance, rule, regulation, or initiative measure adopted by a city,
county, or city and county. After execution of the new rental
agreement, the local ordinance, rule, regulation, or initiative
measure shall govern the agreement in all applicable respects.
   (b) This section shall not apply to either of the following:
   (1) A change in ownership or tenancy due to the death of a
mobilehome owner or tenant when the spouse of the deceased homeowner
or tenant becomes the sole owner or tenant.
   (2) An assignment of any existing lease that specifies the amount
of rent applicable to the assignee upon a transfer of the interest in
the mobilehome.