BILL NUMBER: AB 317 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 9, 2012
AMENDED IN ASSEMBLY JANUARY 4, 2012
AMENDED IN ASSEMBLY APRIL 25, 2011
INTRODUCED BY Assembly Member Charles Calderon
FEBRUARY 9, 2011
An act to amend Sections 798.21 and 798.74.5 of the Civil Code,
relating to mobilehomes.
LEGISLATIVE COUNSEL'S DIGEST
AB 317, as amended, Charles Calderon. Mobilehomes.
Existing law, the Mobilehome Residency Law, governs tenancies in
mobilehome parks, and imposes various duties on the owners of
mobilehome parks and the agents and representatives authorized to act
on behalf of the owners. Existing law exempts a rental agreement
from any local ordinance, rule, regulation, or initiative that
establishes a maximum amount that a landlord may charge a tenant for
rent if a mobilehome space within a mobilehome park is not the
principal residence, as defined, of the mobilehome owner. Existing
law further makes those exemptions inapplicable under certain
circumstances.
This bill would revise the conditions under which a tenancy is
exempt from a local rent control ordinance, rule, regulation, or
initiative, to, among other things, make the exemptions applicable
when the mobilehome space is not the sole residence of the mobilehome
owner. The bill would specify the evidence upon which management of
a mobilehome park may rely to determine whether a residence is the
mobilehome owner's sole residence, including, among others factors,
evidence that a mobilehome owner rents, leases, occupies, or has a
present ownership interest in another place of residence.
This The bill would require management to
provide the homeowner with 90 days' written notice of any proposed
rent modifications based on lack of sole residency at the mobilehome
park, and specify related procedures, including mandatory binding
arbitration if the homeowner disputes management's determination, as
specified.
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 798.21 of the Civil Code is amended to read:
798.21. (a) Notwithstanding Section 798.17, if a mobilehome space
within a mobilehome park is not the sole residence of the
owner of the mobilehome owner , it shall be
exempt from any ordinance, rule, regulation, or initiative measure
adopted by any city, county, or city and county, that establishes a
maximum amount that the landlord may charge a tenant for rent.
(b) Nothing in this section shall be construed to authorize
management to gain access to any records which would otherwise be
confidential or privileged.
(c) The management of a mobilehome park shall not modify the rent
or other terms of tenancy pursuant to this section without providing
the mobilehome owner with written notice 90 days in advance of the
effective date of the proposed modification. The notice shall include
copies of or evidence in determination of the modification.
(d) Evidence that a mobilehome is not the sole residence of the
mobilehome owner shall be weighed in light of the
totality of the circumstances. Evidence may include, but is not
limited to, the following:
(1) The mobilehome owner rents, leases, occupies, or has a present
ownership interest in another place of residence. An ownership
interest in a place of residence solely and exclusively occupied by
the mobilehome owner's child or parent and his or her immediately
family shall not serve as evidence that the mobilehome is not the
sole residence of the mobilehome owner.
(2) Another place of residence appears as a matter of public
record or in other evidence obtained by management.
(3) Monthly statements are mailed to, or payments are made from, a
different place of residence.
(4) The mobilehome owner is regularly absent from the mobilehome
space for extended periods of a week or
more at a time , other than for military service,
hospitalization, vacation, family or friend emergency care, or other
reasonable temporary or seasonal periods of absence, such
as travel necessitated by employment or education .
(5) The mobilehome is used primarily for vacationing, storage, or
business.
(6) The mobilehome has been subleased or possession of the
mobilehome has been transferred without management's approval, as
provided in Sections 798.74 and 798.75.
(7) A review of state or county records demonstrates that the
homeowner is receiving a homeowner's exemption for another property
or mobilehome.
(e) The mobilehome owner shall have 30 days from the date the
management's notice is mailed to review and dispute the management's
findings in writing.
(f) Any disputes pursuant to this section shall be arbitrated.
(1) The owner or management of the mobilehome park shall pay the
costs of the arbitration.
(2) The parties shall meet and confer to select a mutually
agreeable arbitrator. If the parties cannot agree to an arbitrator
within 10 days after the homeowner's written response is received,
the management shall obtain a list of five arbitrators from any bona
fide dispute resolution provider serving the judicial district in
which the mobilehome park is located. Each party shall be able to
disqualify up to two arbitrators from the list. Any remaining
arbitrator may be selected.
(3) Within 30 days after selection, the arbitrator shall, at a
time and place reasonably convenient to the parties, hear the
evidence relevant to the dispute. No attorney may represent either
party at an arbitration hearing.
(4) Within 15 days of hearing the evidence, the abitrator shall
render a written decision as to whether the mobilehome is the sole
residence of the mobilehome owner. The decision of the arbitrator is
final. If the management of the mobilehome park prevails in
arbitration, it may modify the rent, or any other tenancy terms, as
provided in the notice pursuant to subdivision (c). If the homeowner
prevails, management may not modify the rent or any other tenancy
terms, as provided in the notice.
(g) This section shall not apply under any of the following
circumstances:
(1) The mobilehome is the sole residence of the mobilehome owner.
For purposes of this subdivision, a mobilehome owner includes a
person who has a full-time tenancy in a mobilehome park under a
rental agreement, a senior who is a full-time resident of a
mobilehome owned by a child of the senior, or a child with a
disability or handicap who is a full-time resident of a mobilehome
owned by a parent or guardian of the child.
(2) The space is subleased by the owner for a medical hardship
pursuant to Section 798.23.5.
(3) Ownership of the mobilehome is transferred , upon the
death of the mobilehome owner, to an heir, joint tenant, or
personal representative pursuant to Section 798.78.
(4) Management elects to apply an exemption or right set forth in
the ordinance, rule, regulation, or initiative measure that
establishes a maximum amount that a landlord may charge a tenant for
rent.
(5) The mobilehome is being actively held available for sale by
the mobilehome owner, or pursuant to a listing agreement with a real
estate broker licensed pursuant to Chapter 3 (commencing with Section
10130) of Part 1 of Division 4 of the Business and Professions Code,
or a mobilehome dealer, as defined in Section 18002.6 of the Health
and Safety Code. A mobilehome owner, real estate broker, or
mobilehome dealer attempting to sell a mobilehome shall actively
market and advertise the mobilehome for sale in good faith to bona
fide purchasers for value in order to remain exempt pursuant to this
paragraph. This paragraph shall apply as long as the mobilehome
remains vacant and unoccupied, but if the mobilehome is occupied,
this paragraph shall only apply after a reasonable time for sale of
the mobilehome has been provided, not to exceed 120 days after the
date of service of the notice described in subdivision (c).
(h) If management authorizes the subleasing of mobilehomes in the
park, management shall allow the mobilehome owner to sublease the
mobilehome , or and shall not restrict
the amount of rent that the mobilehome owner may charge. For the term
of the sublease, the space shall be exempt from any ordinance, rule,
regulation, or initiative measure adopted by a city, county, or city
and county, that establishes a maximum amount of rent that a
landlord may charge a tenant. Upon reoccupation of the space by the
mobilehome owner after the term of the sublease has expired, the last
rental rate charged to the mobilehome owner shall be the base rental
rate for purposes of the ordinance, rule, regulation, or initiative
measure , in addition to any increases that were allowed during
the term of the sublease .
SEC. 2. Section 798.74.5 of the Civil Code is amended to read:
798.74.5. (a) Within two business days of receiving a request
from a prospective homeowner for an application for residency for a
specific space within a mobilehome park, if the management has been
advised that the mobilehome occupying that space is for sale, the
management shall give the prospective homeowner a separate document
in at least 12-point type entitled "INFORMATION FOR PROSPECTIVE
HOMEOWNERS," which includes the following statements:
"As a prospective homeowner you are being provided with certain
information you should know prior to applying for tenancy in a
mobilehome park. This is not meant to be a complete list of
information.
Owning a home in a mobilehome park incorporates the dual role of
"homeowner" (the owner of the home) and park resident or tenant (also
called a "homeowner" in the Mobilehome Residency Law). As a
homeowner under the Mobilehome Residency Law, you will be responsible
for paying the amount necessary to rent the space for your home, in
addition to other fees and charges described below. You must also
follow certain rules and regulations to reside in the park.
If you are approved for tenancy, and your tenancy commences within
the next 30 days, your beginning monthly rent will be $____ (must be
completed by the management) for space number ____ (must be completed
by the management). Additional information regarding future rent or
fee increases may also be provided.
In addition to the monthly rent, you will be obligated to pay to the
park the following additional fees and charges listed below. Other
fees or charges may apply depending upon your specific requests.
Metered utility charges are based on use.
_________________________________________________
_________________________________________________
(Management shall describe the fee or charge and
a good faith
estimate of each fee or charge.)
Some spaces are governed by an ordinance, rule, regulation, or
initiative measure that limits or restricts rents in mobilehome
parks. These laws are commonly known as "rent control" which
are intended for the purpose of protecting low-income persons with
few housing choices from unjustifiable rent increases.
control. " Prospective purchasers who do not occupy
the mobilehome as their sole residence may be subject to rent levels
which are not governed by these laws. Long-term leases specify rent
increases during the term of the lease. By signing a rental agreement
or lease for a term of more than one year, you may be removing your
rental space from a local rent control ordinance during the term, or
any extension, of the lease if a local rent control ordinance is in
effect for the area in which the space is located.
A fully executed lease or rental agreement, or a statement signed by
the park's management and by you stating that you and the management
have agreed to the terms and conditions of a rental agreement, is
required to complete the sale or escrow process of the home. You have
no rights to tenancy without a properly executed lease or agreement
or that statement. (Civil Code Section 798.75)
If the management collects a fee or charge from you in order to
obtain a financial report or credit rating, the full amount of the
fee or charge will be either credited toward your first month's rent
or, if you are rejected for any reason, refunded to you. However, if
you are approved by management, but, for whatever reason, you elect
not to purchase the mobilehome, the management may retain the fee to
defray its administrative costs. (Civil Code Section 798.74)
We encourage you to request from management a copy of the lease or
rental agreement, the park's rules and regulations, and a copy of the
Mobilehome Residency Law. Upon request, park management will provide
you a copy of each document. We urge you to read these documents
before making the decision that you want to become a mobilehome park
resident.
Dated: _______________________
Signature of Park Manager: __________________
Acknowledge Receipt by Prospective Homeowner: _''
(b) Management shall provide a prospective homeowner, upon his or
her request, with a copy of the rules and regulations of the park and
with a copy of this chapter.
(c) This section shall become operative on October 1, 2004.