BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 2150
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 2150 (Atkins)
          As Amended  August 16, 2012
          Majority vote
           
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          |ASSEMBLY:  |68-2 |(May 21, 2012)  |SENATE: |36-0 |(August 22,    |
          |           |     |                |        |     |2012)          |
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           Original Committee Reference:    H. & C.D.  

           SUMMARY  :  Creates a new notice that the management in a 
          mobilehome park must provide to all homeowners on an annual 
          basis that summarizes the key rights and responsibilities of 
          homeowners and park management under the Mobilehome Residency 
          Law (MRL).

           The Senate amendments  :

          1)Restore existing law that requires the management of a 
            mobilehome park, by February 1 of any year in which the MRL is 
            significantly changed, to either provide a new copy of the law 
            to every homeowner or provide every homeowner with a notice 
            stating that the law has been changed and that they can obtain 
            a copy from management at no charge.

          2)Add the following language to the new notice:  This notice is 
            intended to provide you with a general awareness of selected 
            parts of the MRL. It does not serve as a legal explanation or 
            interpretation.  For authoritative information, you must read 
            and understand the laws.  These laws change from time to time. 
            In any year in which the law has changed, you may obtain one 
            copy of the full text of the law from management at no charge. 
             This notice is required by Civil Code Section 798.15(i) and 
            the information provided may not be current.

           AS PASSED BY THE ASSEMBLY  , this bill:

          1)Required the management in a mobilehome park to include a copy 
            of the following notice with any rental agreement and, prior 
            to February 1 of each year, provide a copy of the notice to 
            all homeowners:

               IMPORTANT NOTICE TO ALL MANUFACTURED HOME/MOBILEHOME 








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               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 
                 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 








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                 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 
                 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 








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                 could be grounds for eviction from the park. (Civil Code 
                 Section 798.56)  

          2)Provided that all notices required under 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.

          3)Deleted the requirement that the management of a mobilehome 
            park, by February 1 of any year in which the MRL is 
            significantly changed, either provide a new copy of the law to 
            every homeowner or provide every homeowner with a notice 
            stating that the law has been changed and that they can obtain 
            a copy from management at no charge.

           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 
          stating that the law has been changed and that they can obtain a 
          copy 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' and park 
          management's key rights and responsibilities under the MRL.  The 
          notice specifies that it does not serve as a legal 
          interpretation of the law and that for authoritative 
          information, homeowners must read and understand the actual text 
          of the laws.

          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 allows park management to combine the new 
          notice with the CARE notice in order to reduce mailing costs.









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           Analysis Prepared by  :    Anya Lawler / H. & C.D. / (916) 
          319-2085 


          FN: 0005409