BILL NUMBER: AB 317 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 7, 2012
AMENDED IN SENATE MAY 23, 2012
AMENDED IN ASSEMBLY JANUARY 23, 2012
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
Section 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. Existing law requires the
management of a mobilehome park to give a prospective homeowner a
document containing specified information within 2
business days of receiving a request from the prospective homeowner
for an application for residency in the mobilehome park if the
management has been advised that the mobilehome occupying the
requested space is for sale. Under existing law, the management must
also provide a copy of the rules and regulations of the park at the
prospective homeowner's request.
This bill would specify factors upon which management of a
mobilehome park may rely to determine whether a residence is the
mobilehome owner's principal residence, including, among others,
evidence that a mobilehome owner rents, leases, occupies, or has a
present ownership interest in another place of residence. The bill
would provide certain exceptions to these provisions, including
circumstances where the mobilehome is occupied by a full-time
resident who is 55 years of age or older, or who has a disability or
handicap, as specified.
The bill would revise the above-described document to include
language advising prospective homeowners that if they do not occupy
the mobilehome as their principal residence, those homeowners may be
no longer subject to any local ordinances, rules, regulations, or
initiative measures limiting or restricting rent in mobilehome parks.
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 principal residence 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) For purposes of this section, a mobilehome shall be deemed to
be the principal residence of the homeowner, except as provided in
subdivision (e).
(d) Before modifying the rent or other term of tenancy as a result
of a review of evidence that a mobilehome is not the principal
residence of a homeowner, the management shall notify 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, of the proposed changes
and provide a copy of the documents upon which the management relied.
(e) Evidence that a mobilehome is a homeowner's principal
residence shall not require that the homeowner be physically present
in the mobilehome continuously or at all times. However, the evidence
must show that the mobilehome is the homeowner's domicile and
permanent residence. Evidence that the mobilehome is not the
homeowner's principal residence shall include, but is not limited to,
the following factors, which shall be weighed in light of the
totality of the circumstances:
(1) The homeowner does not carry on basic living activities at the
mobilehome for extended periods of time, as demonstrated by a lack
of utility usage.
(2) Another property or mobilehome is listed as the homeowner's
place of residence on any motor vehicle registration, driver's
license, voter registration, or with any other public agency,
including federal, state, and local taxing authorities.
(3) The bill for utilities for the mobilehome is mailed to a
different residential property.
(4) The homeowner's personal possessions are not located in the
mobilehome.
(5) A homeowner files a tax exemption or renter's credit for a
different property or the homeowner is the owner of record of a
different residential property. This paragraph shall not apply to
homeowners who established tenancy prior to January 1, 2013.
(6) The homeowner is a corporation or is otherwise not a natural
person.
(7) The homeowner is absent from the unit for extended periods of
time, other than for military service, hospitalization, vacation,
family or friend emergency or care, Peace Corps service, academic
sabbatical, or other reasonable temporary or seasonal periods of
absence, such as travel necessitated by employment or education.
(8) The mobilehome is used primarily for storage, entertaining, or
as an office.
(9) The mobilehome has been subleased, except as provided by
Section 798.23.5 for medical emergencies or medical treatment.
(10) Possession of the mobilehome has been transferred without the
approval of the management pursuant to Sections 798.74 and 798.75.
(11) The principal residence of the homeowner is located outside
the state.
(f) The homeowner shall have 90 days from the date the notice
described in subdivision (d) is mailed to review and respond to the
notice. Management may not modify the rent or other terms of tenancy
prior to the expiration of the 90-day period or prior to responding,
in writing, to information provided by the homeowner. Management may
not modify the rent or other terms of tenancy if the homeowner
provides documentation during the 90-day period that reasonably
establishes that the information provided by management was incorrect
or that the homeowner is not the same person identified in the
documents. This subdivision shall apply regardless of a change in the
homeowner's exemption status, if applicable, or to the listing of
the mobilehome for sale after service of the notice described in
subdivision (d).
(g) This section does not apply under any of the following
conditions:
(1) The mobilehome is the homeowner's principal residence.
(2) The space is subleased pursuant to Section 798.23.5.
(3) The mobilehome is occupied by a full-time resident who is 55
years of age or older and the mobilehome is owned by a child of that
resident.
(4) The mobilehome is occupied by a full-time resident who has a
disability or handicap and the mobilehome is owned by a parent or
guardian of that resident.
(5) Ownership of the mobilehome is transferred, upon the death of
the registered owner, to an heir, joint tenant, or personal
representative who, pursuant to Section 798.7, is approved for
tenancy and uses the mobilehome as his or her principal residence.
(6) Management elects to apply an exemption or right set forth in
an ordinance, rule, regulation, or initiative measure that
establishes a maximum amount that a landlord may charge a tenant for
rent.
(7) The mobilehome is being actively held available for sale by
the homeowner, 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, and management has been given notice thereof, after
service of the notice described in subdivision (d). A homeowner, 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 subdivision. 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 (d).
(8) The legal owner has taken possession or ownership, or both, of
the mobilehome from a registered owner through either a surrender of
ownership interest by the registered owner or a foreclosure
proceeding.
SEC. 2. SECTION 1. 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." Prospective
purchasers who do not occupy the mobilehome as their principal
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.