BILL NUMBER: AB 1938	CHAPTERED
	BILL TEXT

	CHAPTER  477
	FILED WITH SECRETARY OF STATE  SEPTEMBER 23, 2012
	APPROVED BY GOVERNOR  SEPTEMBER 23, 2012
	PASSED THE SENATE  AUGUST 22, 2012
	PASSED THE ASSEMBLY  MAY 21, 2012
	AMENDED IN ASSEMBLY  MAY 17, 2012
	AMENDED IN ASSEMBLY  MAY 7, 2012
	AMENDED IN ASSEMBLY  APRIL 26, 2012
	AMENDED IN ASSEMBLY  APRIL 18, 2012
	AMENDED IN ASSEMBLY  APRIL 11, 2012

INTRODUCED BY   Assembly Member Williams

                        FEBRUARY 22, 2012

   An act to amend Sections 798.17 and 798.39.5 of the Civil Code,
relating to mobilehomes.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1938, Williams. Mobilehomes: rental agreements.
   The Mobilehome Residency Law governs the terms and conditions of
residency in mobilehome parks. Among other things, the Mobilehome
Residency Law exempts a rental agreement that satisfies specified
criteria from any ordinance, rule, regulation, or initiative measure
adopted by a local governmental entity that establishes a maximum
amount a landlord may charge a tenant for rent. In order for the
exemption to apply, existing law requires the rental agreement to,
among other things, enable the homeowner to void the rental agreement
by notifying management in writing within 72 hours of the homeowner'
s execution of the agreement.
   This bill would instead require that the rental agreement permit
the homeowner to void the rental agreement by notifying management in
writing within 72 hours of the homeowner returning the signed rental
agreement to management, if the homeowner is provided a copy of the
signed rental agreement at the time the signed rental agreement is
returned to management. The bill would also require that the rental
agreement permit the homeowner to void the rental agreement by
notifying management in writing within 72 hours of the homeowner
receiving an executed copy of the rental agreement, as specified, if
the homeowner is not provided with a copy of the signed rental
agreement at the time the homeowner returns the signed rental
agreement to management.
   Existing law prohibits the management of a mobilehome park from
charging or imposing upon a homeowner any fee or increase in rent
which reflects the cost to the management of certain fines, fees, or
damages assessed or awarded by a court against the management for a
violation of the Mobilehome Residency Law.
   This bill would extend the above provisions to fines, fees, or
damages assessed or awarded by the court or an enforcement agency
against the management for a violation of specified laws pertaining
to mobilehome parks. The bill would also clarify that these
provisions do not apply to violations for which the registered owner
of the mobilehome is initially responsible, as specified.


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

  SECTION 1.  Section 798.17 of the Civil Code is amended to read:
   798.17.  (a) (1) Rental agreements meeting the criteria of
subdivision (b) shall be exempt from any ordinance, rule, regulation,
or initiative measure adopted by any local governmental entity which
establishes a maximum amount that a landlord may charge a tenant for
rent. The terms of a rental agreement meeting the criteria of
subdivision (b) shall prevail over conflicting provisions of an
ordinance, rule, regulation, or initiative measure limiting or
restricting rents in mobilehome parks, only during the term of the
rental agreement or one or more uninterrupted, continuous extensions
thereof. If the rental agreement is not extended and no new rental
agreement in excess of 12 months' duration is entered into, then the
last rental rate charged for the space under the previous rental
agreement shall be the base rent for purposes of applicable
provisions of law concerning rent regulation, if any.
   (2) In the first sentence of the first paragraph of a rental
agreement entered into on or after January 1, 1993, pursuant to this
section, there shall be set forth a provision in at least 12-point
boldface type if the rental agreement is printed, or in capital
letters if the rental agreement is typed, giving notice to the
homeowner that the rental agreement will be exempt from any
ordinance, rule, regulation, or initiative measure adopted by any
local governmental entity which establishes a maximum amount that a
landlord may charge a tenant for rent.
   (b) Rental agreements subject to this section shall meet all of
the following criteria:
   (1) The rental agreement shall be in excess of 12 months'
duration.
   (2) The rental agreement shall be entered into between the
management and a homeowner for the personal and actual residence of
the homeowner.
   (3) The homeowner shall have at least 30 days from the date the
rental agreement is first offered to the homeowner to accept or
reject the rental agreement.
   (4) The homeowner who signs a rental agreement pursuant to this
section may void the rental agreement by notifying management in
writing within 72 hours of returning the signed rental agreement to
management. This paragraph shall only apply if management provides
the homeowner a copy of the signed rental agreement at the time the
homeowner returns the signed rental agreement.
   (5) The homeowner who signs a rental agreement pursuant to this
section may void the agreement within 72 hours of receiving an
executed copy of the rental agreement pursuant to Section 798.16.
This paragraph shall only apply if management does not provide the
homeowner with a copy of the signed rental agreement at the time the
homeowner returns the signed rental agreement.
   (c) If, pursuant to paragraph (3) or (4) of subdivision (b), the
homeowner rejects the offered rental agreement or rescinds a signed
rental agreement, the homeowner shall be entitled to instead accept,
pursuant to Section 798.18, a rental agreement for a term of 12
months or less from the date the offered rental agreement was to have
begun. In the event the homeowner elects to have a rental agreement
for a term of 12 months or less, including a month-to-month rental
agreement, the rental agreement shall contain the same rental
charges, terms, and conditions as the rental agreement offered
pursuant to subdivision (b), during the first 12 months, except for
options, if any, contained in the offered rental agreement to extend
or renew the rental agreement.
   (d) Nothing in subdivision (c) shall be construed to prohibit the
management from offering gifts of value, other than rental rate
reductions, to homeowners who execute a rental agreement pursuant to
this section.
   (e) With respect to any space in a mobilehome park that is exempt
under subdivision (a) from any ordinance, rule, regulation, or
initiative measure adopted by any local governmental entity that
establishes a maximum amount that a landlord may charge a homeowner
for rent, and notwithstanding any ordinance, rule, regulation, or
initiative measure, a mobilehome park shall not be assessed any fee
or other exaction for a park space that is exempt under subdivision
(a) imposed pursuant to any ordinance, rule, regulation, or
initiative measure. No other fee or other exaction shall be imposed
for a park space that is exempt under subdivision (a) for the purpose
of defraying the cost of administration thereof.
   (f) At the time the rental agreement is first offered to the
homeowner, the management shall provide written notice to the
homeowner of the homeowner's right (1) to have at least 30 days to
inspect the rental agreement, and (2) to void the rental agreement by
notifying management in writing within 72 hours of receipt of an
executed copy of the rental agreement. The failure of the management
to provide the written notice shall make the rental agreement
voidable at the homeowner's option upon the homeowner's discovery of
the failure. The receipt of any written notice provided pursuant to
this subdivision shall be acknowledged in writing by the homeowner.
   (g) No rental agreement subject to subdivision (a) that is first
entered into on or after January 1, 1993, shall have a provision
which authorizes automatic extension or renewal of, or automatically
extends or renews, the rental agreement for a period beyond the
initial stated term at the sole option of either the management or
the homeowner.
   (h) This section does not apply to or supersede other provisions
of this part or other state law.
  SEC. 2.  Section 798.39.5 of the Civil Code is amended to read:
   798.39.5.  (a) (1) The management shall not charge or impose upon
a homeowner any fee or increase in rent which reflects the cost to
the management of any fine, forfeiture, penalty, money damages, or
fee assessed or awarded by a court of law or an enforcement agency
against the management for a violation of this chapter or Part 2.1
(commencing with Section 18200) of Division 13 of the Health and
Safety Code, including any attorney's fees and costs incurred by the
management in connection therewith.
   (2) This section shall not apply to violations for which the
registered owner of the mobilehome is initially responsible pursuant
to subdivision (b) of Section 18420 of the Health and Safety Code.
   (b) A court shall consider the remoteness in time of the
assessment or award against the management of any fine, forfeiture,
penalty, money damages, or fee in determining whether the homeowner
has met the burden of proof that the fee or increase in rent is in
violation of this section.
   (c) Any provision in a rental agreement entered into, renewed, or
modified on or after January 1, 1995, that permits a fee or increase
in rent that reflects the cost to the management of any money damages
awarded against the management for a violation of this chapter shall
be void.