BILL NUMBER: AB 317	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 21, 2012
	PASSED THE ASSEMBLY  AUGUST 24, 2012
	AMENDED IN SENATE  AUGUST 16, 2012
	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 Section 798.74.5 of the Civil Code, relating to
mobilehomes.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 317, 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 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.
   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.



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

  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. (Civil Code Section 798.21) 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.