BILL ANALYSIS Ó
AB 2150
Page 1
ASSEMBLY THIRD READING
AB 2150 (Atkins)
As Amended May 15, 2012
Majority vote
HOUSING 6-0
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|Ayes:|Torres, Atkins, Bradford, | | |
| |Cedillo, Beth Gaines, | | |
| |Hueso | | |
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SUMMARY : Creates a new notice that the management in a
mobilehome park must provide to all homeowners on an annual
basis. Specifically, this bill :
1)Requires the management in a mobilehome park to include a copy
of the following notice with any rental agreement and, prior
to Feburary 1 of each year, provide a copy of the notice to
all homeowners:
IMPORTANT NOTICE TO ALL MANUFACTURED HOME/MOBILEHOME
OWNERS: CALIFORNIA LAW REQUIRES THAT YOU BE MADE AWARE OF
THE FOLLOWING:
The Mobilehome Residency Law (MRL), found in Section 798,
et seq. of the Civil Code, establishes the rights and
responsibilities of homeowners and park management. The MRL
is deemed a part of terms of any park rental agreement or
lease. This law is subject to change. You may request a
current copy of the complete text of this law once per year
from the park management.
Homeowners and park management have certain rights and
responsibilities under the MRL. These include, but are not
limited to:
1. Management must give a homeowner written notice of
any increase in his or her rent at least 90 days before
the date of the increase. (Civil Code Section 798.30)
2. No rental or sales agreement may contain a provision
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by which a purchaser or a homeowner waives any of his or
her rights under the MRL. (Civil Code Sections 798.19,
798.77)
3. Management may not terminate or refuse to renew a
homeowner's tenancy except for one or more of the
authorized reasons set forth in the MRL. (Civil Code
Sections 798.55, 798.56)
4. A homeowner must give written notice to the
management of not less than 60 days before vacating his
or her tenancy. (Civil Code Section 798.59)
5. Homeowners, residents, and their guests must comply
with the rental agreement or lease, including the
reasonable rules and regulations of the park and all
applicable local ordinances and state laws and
regulations relating to mobilehomes. Failure to comply
could be grounds for eviction from the park. (Civil Code
Section 798.56)
6. Homeowners must pay rent, utility charges, and
reasonable incidental service charges in a timely manner.
Failure to comply could be grounds for eviction from the
park. (Civil Code Section 798.56)
7. Homeowners have a right to peacefully assemble and
freely communicate with respect to mobilehome living and
for social or educational purposes. Homeowners have a
right to meet in the park, at reasonable hours and in a
reasonable manner, for any lawful purpose. Homeowners may
not be charged a cleaning deposit in order to use the
park clubhouse for meetings of resident organizations or
for other lawful purposes, such as to hear from political
candidates, so long as all park residents are allowed to
attend. Homeowners may not be required to obtain
liability insurance in order to use common facilities
unless alcohol is served. (Civil Code Sections 798.50,
798.51)
8. If a home complies with certain standards, the
homeowner is entitled to sell it in place in the park.
Management may require certain upgrades. Management may
not require a homeowner to sell his or her home to the
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park, may not charge a transfer or selling fee, and may
not require a homeowner to use a broker or dealer
approved by the park. A homeowner has a right to
advertise his or her home for sale. Management may deny
approval of a buyer, but only for certain reasons listed
in the law. (Civil Code Sections 798.70-798.74)
9. Management has the right to enter the space upon
which a mobilehome is situated for maintenance of
utilities, trees, and driveways; for inspection and
maintenance of the space in accordance with the rules and
regulations of the park when the homeowner or resident
fails to maintain the space; and for protection and
maintenance of the mobilehome park at any reasonable
time, but not in a manner or at a time that would
interfere with the resident's quiet enjoyment of his or
her home. (Civil Code Section 798.26)
10. A homeowner may not make any improvements or
alterations to his or her space or home without following
the rules and regulations of the park and all applicable
local ordinances and state laws and regulations, which
may include obtaining a permit to construct, and, if
required by park rules or the rental agreement, without
prior written approval of management. Failure to comply
could be grounds for eviction from the park. (Civil Code
Section 798.56)
2)Provides that all notices required under the MRL (Civil Code
Section 798, et seq.) to be delivered prior to February 1 of
each year may be combined in one notice that contains all the
information required by the sections under which the notices
are given.
FISCAL EFFECT : None
COMMENTS : The MRL is California's landlord-tenant law for
mobilehome parks. When a homeowner signs a rental agreement in
a mobilehome park, the MRL is incorporated into the agreement by
reference and a copy of the text of the law must be attached as
an exhibit. Anytime the MRL is significantly changed, park
management must, by February 1, either provide a new copy of the
MRL to every homeowner or provide every homeowner with a notice
that the law has been changed and that they can obtain a copy
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from management at no charge.
This bill creates a new notice that would have to be included
with any new rental agreement in a mobilehome park and be
provided to all homeowners prior to February 1 of each year.
The new notice provides a summary of homeowners' key rights and
responsibilities under the MRL. The bill deletes the existing
requirement that management notify homeowners when the MRL has
been changed and instead includes language in the new notice
stating that the MRL is subject to change and that homeowners
can request a copy of the law once per year from management.
Current law requires the management in master-metered parks to
give written notice to homeowners and residents on or before
February 1 of each year in their utility billing statements
about assistance to low-income persons for utility costs
available under the California Alternate Rates for Energy (CARE)
program. This bill would allow park management to combine the
new notice with the CARE notice, allowing them to reduce mailing
costs.
Analysis Prepared by : Anya Lawler / H. & C.D. / (916)
319-2085
FN: 0003663