BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                  AB 2150|
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                                 THIRD READING


          Bill No:  AB 2150
          Author:   Atkins (D)
          Amended:  7/3/12 in Senate
          Vote:     21

           
           SENATE JUDICIARY COMMITTEE  :  4-0, 6/26/12
          AYES:  Evans, Harman, Corbett, Leno
          NO VOTE RECORDED:  Blakeslee
           
          ASSEMBLY FLOOR  :  68-2, 5/21/12 - See last page for vote


           SUBJECT  :    Mobilehome parks

           SOURCE  :     Golden State Manufactured-Home Owners League


           DIGEST  :    This bill requires every rental agreement in a 
          mobilehome park to include a statutory summary of the 
          rights and responsibilities of homeowners and park 
          management under the Mobilehome Residency Law (MRL).  This 
          bill also requires park management to distribute the 
          statutory notice to all homeowners prior to February 1 of 
          each year.

           ANALYSIS  :    Existing law, the MRL, contains nine Articles 
          that extensively regulate the rights, responsibilities, 
          obligations, and relationships between mobilehome park 
          owners/management and park residents.  (Civil Code (CIV) 
          Section 798 et seq.)

          Existing law requires the rental agreement to be in writing 
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          and contain, in addition to the provisions required by law 
          to be included, all of the following:

          1. The term of the tenancy and rent therefore;

          2. The rules and regulations of the park;

          3. A copy of the text of the MRL;

          4. A provision specifying that it is the responsibility of 
             management to provide and maintain physical improvements 
             in common facilities, and, with respect to a sudden or 
             unforeseeable breakdown, the management shall have a 
             reasonable period of time to repair the breakdown;

          5. A description of the physical improvements to be 
             provided to the homeowner during his or her tenancy;

          6. A provision listing those services which will be 
             provided at the time the rental agreement is executed 
             and will continue to be offered for the term of tenancy; 
             and

          7. A provision stating that management may charge a 
             reasonable fee for services relating to maintenance, as 
             specified.  (CIV Section 798.15)

          This bill requires management to do one of the following 
          prior to February 1 of each year, if a significant change 
          was made in this chapter by legislation enacted in the 
          prior year:

          1.  Provide all homeowners with a copy of this chapter.

          2.  Provide written notice to all homeowners that there has 
             been a change to this chapter and that they may obtain 
             one copy of this chapter from management at no charge.  
             Management shall provide a copy within a reasonable 
             time, not to exceed seven days, upon request.

          This bill additionally requires the rental agreement to 
          contain a copy of the following statutory notice, which 
          management shall also, prior to February 1 of each year, 
          provide a copy to all homeowners: 

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             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 the 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.

             This notice is intended to provide recipients with a 
             general awareness of selected parts of the Mobilehome 
             Residency Law (Civil Code Section 798, et seq.).  This 
             notice is intended to acquaint recipients with the law, 
             and does not serve as a legal explanation or 
             interpretation.  For authoritative information, the 
             recipient must read and understand the laws themselves.  
             These laws change from time to time.  This notice is 
             required by Civil Code Section 798.15(i) and the 
             information provided may not be current.

             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 798.30)

             2.    No rental or sales agreement may contain a 
                provision 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 

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                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 
                a homeowner of the park is hosting the meeting and 
                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 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 

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                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)

          This bill further provides that all notices required by the 
          MRL 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  :    Appropriation:  No   Fiscal Com.:  No   
          Local:  No

           SUPPORT  :   (Verified  7/3/12)

          Golden State Manufactured-Home Owners League (source)
          California Rural Legal Assistance Foundation
          Western Center on Law and Poverty

           ARGUMENTS IN SUPPORT  :    According to the author, "The 
          ÝMobilehome Residency Law (MRL)] is a lengthy and complex 
          document, and not all homeowners are likely to familiarize 
          themselves with it, until they have a specific question.  
          This bill would provide these homeowners with more 
          meaningful and practical information about their rights, 
          and the content of the MRL, while retaining their right to 
          obtain a full copy of the MRL upon request."

          The Western Center on Law and Poverty, in support, asserts 

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          that by requiring a plain-language summary this bill 
          represents an improvement over existing law, and that, "The 
          MRL itself represents a unique area of the law, where the 
          'bundle of property rights' is apportioned between the park 
          and residents in unique ways.  Both residents and some 
          managers might be surprised to learn that some of the MRL's 
          provisions do not comport with their understanding of the 
          law.  Your bill provides an additional benefit, since now 
          in most cases the MRL is only delivered to a resident upon 
          request.  A party mistaken in their understanding of the 
          law might now think a copy of the MRL is needed.  Your bill 
          solves the whole issue by requiring the notice to be 
          delivered once per year."


           ASSEMBLY FLOOR  :  68-2, 5/21/12
          AYES:  Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, 
            Bill Berryhill, Block, Blumenfield, Bonilla, Bradford, 
            Brownley, Buchanan, Butler, Charles Calderon, Campos, 
            Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, 
            Eng, Feuer, Fong, Fuentes, Furutani, Galgiani, Garrick, 
            Gatto, Gordon, Grove, Hagman, Hall, Hayashi, Hill, Huber, 
            Hueso, Huffman, Jeffries, Jones, Lara, Logue, Bonnie 
            Lowenthal, Mendoza, Miller, Mitchell, Monning, Morrell, 
            Nestande, Nielsen, Norby, Olsen, Pan, V. Manuel Pérez, 
            Portantino, Silva, Skinner, Smyth, Solorio, Swanson, 
            Torres, Valadao, Wieckowski, Williams, Yamada, John A. 
            Pérez
          NOES:  Donnelly, Knight
          NO VOTE RECORDED:  Fletcher, Beth Gaines, Gorell, 
            Halderman, Harkey, Roger Hernández, Ma, Mansoor, Perea, 
            Wagner


          RJG:k  7/3/12   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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