BILL ANALYSIS Ó AB 2150 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 2150 (Atkins) As Amended August 16, 2012 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |68-2 |(May 21, 2012) |SENATE: |36-0 |(August 22, | | | | | | |2012) | ----------------------------------------------------------------- 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 AB 2150 Page 2 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 AB 2150 Page 3 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 thespace 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 AB 2150 Page 4 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. AB 2150 Page 5 Analysis Prepared by : Anya Lawler / H. & C.D. / (916) 319-2085 FN: 0005409