BILL NUMBER: AB 672	CHAPTERED
	BILL TEXT

	CHAPTER   367
	FILED WITH SECRETARY OF STATE   AUGUST 26, 1997
	APPROVED BY GOVERNOR   AUGUST 26, 1997
	PASSED THE ASSEMBLY   AUGUST 12, 1997
	PASSED THE SENATE   AUGUST 4, 1997
	AMENDED IN SENATE   JULY 29, 1997
	AMENDED IN SENATE   JULY 1, 1997
	AMENDED IN ASSEMBLY   MAY 5, 1997
	AMENDED IN ASSEMBLY   APRIL 14, 1997

INTRODUCED BY  Assembly Member Honda

                        FEBRUARY 26, 1997

   An act to amend Section 798.73 of, and to add Section 798.83 to,
the Civil Code, relating to mobilehome parks.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 672, Honda.  Mobilehome parks:  mobilehome transfers.
   Existing law allows the management of a mobilehome park, in the
event of a sale of the mobilehome to a 3rd party, to require that the
mobilehome be removed from the park if, among other factors, it is
in a significantly rundown condition or in disrepair.  In these
circumstances, the management of the park is prohibited from
requiring repairs or improvements to the park space or property owned
by the management, except as specified.
   This bill would provide that, in the context of any sale or
transfer of a mobilehome that will remain in the park, the management
of the park shall also be prohibited from requiring repairs or
improvements to the park space or property owned by the management,
except as specified.  It also would make a conforming change.


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


  SECTION 1.  Section 798.73 of the Civil Code is amended to read:
   798.73.  The management shall not require the removal of a
mobilehome from the park in the event of its sale to a third party
during the term of the homeowner's rental agreement.  However, in the
event of a sale to a third party, in order to upgrade the quality of
the park, the management may require that a mobilehome be removed
from the park where:
   (a) It is not a "mobilehome" within the meaning of Section 798.3.

   (b) It is more than 20 years old, or more than 25 years old if
manufactured after September 15, 1971, and is 20 feet wide or more,
and the mobilehome does not comply with the health and safety
standards provided in Sections 18550, 18552, and 18605 of the Health
and Safety Code and the regulations established thereunder, as
determined following an inspection by the appropriate enforcement
agency, as defined in Section 18207 of the Health and Safety Code.
   (c) The mobilehome is more than 17 years old, or more than 25
years old if manufactured after September 15, 1971, and is less than
20 feet wide, and the mobilehome does not comply with the
construction and safety standards under Sections 18550, 18552, and
18605 of the Health and Safety Code and the regulations established
thereunder, as determined following an inspection by the appropriate
enforcement agency, as defined in Section 18207 of the Health and
Safety Code.
   (d) It is in a significantly rundown condition or in disrepair, as
determined by the general condition of the mobilehome and its
acceptability to the health and safety of the occupants and to the
public, exclusive of its age.  The management shall use reasonable
discretion in determining the general condition of the mobilehome and
its accessory structures.  The management shall bear the burden of
demonstrating that the mobilehome is in a significantly rundown
condition or in disrepair.  The management of the park shall not
require repairs or improvements to the park space or property owned
by the management, except for damage caused by the actions or
negligence of the homeowner or an agent of the homeowner.
  SEC. 2.  Section 798.83 is added to the Civil Code, to read:
   798.83.  In the case of a sale or transfer of a mobilehome that
will remain in the park, the management of the park shall not require
repairs or improvements to the park space or property owned by the
management, except for damage caused by the actions or negligence of
the homeowner or an agent of the homeowner.