BILL NUMBER: AB 1888 CHAPTERED
BILL TEXT
CHAPTER 427
FILED WITH SECRETARY OF STATE SEPTEMBER 11, 1998
APPROVED BY GOVERNOR SEPTEMBER 11, 1998
PASSED THE ASSEMBLY AUGUST 20, 1998
PASSED THE SENATE AUGUST 12, 1998
AMENDED IN SENATE AUGUST 6, 1998
AMENDED IN SENATE JULY 8, 1998
AMENDED IN ASSEMBLY APRIL 21, 1998
INTRODUCED BY Assembly Member Honda
(Coauthor: Assembly Member Sweeney)
(Coauthor: Senator Vasconcellos)
FEBRUARY 13, 1998
An act to amend Section 798.56 of the Civil Code, relating to
mobilehome parks.
LEGISLATIVE COUNSEL'S DIGEST
AB 1888, Honda. Mobilehome parks: termination of tenancy.
Existing law specifies the reasons for which the management of a
mobilehome park may terminate a tenancy within the park, including
nonpayment of rent, utility charges, or reasonable incidental service
charges. Existing law requires the homeowner to be given a 3-day
notice to pay the amount due or to vacate the tenancy, unless the
homeowner has been given this notice on 3 or more occasions within
the preceding 12-month period. In that event, existing law requires
the homeowner to be given notice to remove the mobilehome from the
park within a period of not less than 60 days, and requires a copy of
this notice to be given to the legal owner, any junior lienholder,
or the registered owner. Existing law provides that payment by the
legal owner, any junior lienholder, or the registered owner within a
specified time after receipt of a 3-day notice cures the default
under those provisions of existing law.
This bill would provide that, if specified conditions exist, the
legal owner, junior lienholder or registered owner, if other than the
homeowner, may cure the default within a specified time after the
mailing of the 60-day notice to remove the mobilehome, and thereby
cause the 60-day notice to be rescinded.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 798.56 of the Civil Code is amended to read:
798.56. A tenancy shall be terminated by the management only for
one or more of the following reasons:
(a) Failure of the homeowner or resident to comply with a local
ordinance or state law or regulation relating to mobilehomes within a
reasonable time after the homeowner receives a notice of
noncompliance from the appropriate governmental agency.
(b) Conduct by the homeowner or resident, upon the park premises,
that constitutes a substantial annoyance to other homeowners or
residents.
(c) Conviction of the homeowner or resident for prostitution or a
felony controlled substance offense if the act resulting in the
conviction was committed anywhere on the premises of the mobilehome
park, including, but not limited to, within the homeowner's
mobilehome.
However the tenancy may not be terminated for the reason specified
in this subdivision if the person convicted of the offense has
permanently vacated, and does not subsequently reoccupy, the
mobilehome.
(d) Failure of the homeowner or resident to comply with a
reasonable rule or regulation of the park that is part of the rental
agreement or any amendment thereto.
No act or omission of the homeowner or resident shall constitute a
failure to comply with a reasonable rule or regulation unless and
until the management has given the homeowner written notice of the
alleged rule or regulation violation and the homeowner or resident
has failed to adhere to the rule or regulation within seven days.
However, if a homeowner has been given a written notice of an alleged
violation of the same rule or regulation on three or more occasions
within a 12-month period after the homeowner or resident has violated
that rule or regulation, no written notice shall be required for a
subsequent violation of the same rule or regulation.
Nothing in this subdivision shall relieve the management from its
obligation to demonstrate that a rule or regulation has in fact been
violated.
(e) (1) Nonpayment of rent, utility charges, or reasonable
incidental service charges; provided that the amount due has been
unpaid for a period of at least five days from its due date, and
provided that the homeowner shall be given a three-day written notice
subsequent to that five-day period to pay the amount due or to
vacate the tenancy. For purposes of this subdivision, the five-day
period does not include the date the payment is due. The three-day
written notice shall be given to the homeowner in the manner
prescribed by Section 1162 of the Code of Civil Procedure. A copy of
this notice shall be sent to the persons or entities specified in
subdivision (b) of Section 798.55 within 10 days after notice is
delivered to the homeowner. If the homeowner cures the default, the
notice need not be sent. The notice may be given at the same time as
the 60 days' notice required for termination of the tenancy.
(2) Payment by the homeowner prior to the expiration of the
three-day notice period shall cure a default under this subdivision.
If the homeowner does not pay prior to the expiration of the
three-day notice period, the homeowner shall remain liable for all
payments due up until the time the tenancy is vacated.
(3) Payment by the legal owner, as defined in Section 18005.8 of
the Health and Safety Code, any junior lienholder, as defined in
Section 18005.3 of the Health and Safety Code, or the registered
owner, as defined in Section 18009.5 of the Health and Safety Code,
if other than the homeowner, on behalf of the homeowner prior to the
expiration of 30 calendar days following the mailing of the notice to
the legal owner, each junior lienholder, and the registered owner
provided in subdivision (b) of Section 798.55, shall cure a default
under this subdivision with respect to that payment.
(4) Cure of a default of rent, utility charges, or reasonable
incidental service charges by the legal owner, any junior lienholder,
or the registered owner, if other than the homeowner, as provided by
this subdivision, may not be exercised more than twice during a
12-month period.
(5) If a homeowner has been given a three-day notice to pay the
amount due or to vacate the tenancy on three or more occasions within
the preceding 12-month period, no written three-day notice shall be
required in the case of a subsequent nonpayment of rent, utility
charges, or reasonable incidental service charges.
In that event, the management shall give written notice to the
homeowner in the manner prescribed by Section 1162 of the Code of
Civil Procedure to remove the mobilehome from the park within a
period of not less than 60 days, which period shall be specified in
the notice. A copy of this notice shall be sent to the legal owner,
each junior lienholder, and the registered owner of the mobilehome,
if other than the homeowner, as specified in paragraph (b) of Section
798.55, by certified or registered mail return receipt requested
within 10 days after notice is sent to the homeowner.
(6) When a copy of the 60 days' notice described in paragraph (5)
is sent to the legal owner, each junior lienholder, and the
registered owner of the mobilehome, if other than the homeowner, the
default may be cured by any of them on behalf of the homeowner prior
to the expiration of 30 calendar days following the mailing of the
notice, if all of the following conditions exist:
(A) A copy of a three-day notice sent pursuant to subdivision (b)
of Section 798.55 to a homeowner for the nonpayment of rent, utility
charges, or reasonable incidental service charges was not sent to the
legal owner, junior lienholder, or registered owner, of the
mobilehome, if other than the homeowner, during the preceding
12-month period.
(B) The legal owner, junior lienholder, or registered owner of the
mobilehome, if other than the homeowner, has not previously cured a
default of the homeowner during the preceding 12-month period.
(C) The legal owner, junior lienholder or registered owner, if
other than the homeowner, is not a financial institution or
mobilehome dealer.
If the default is cured by the legal owner, junior lienholder, or
registered owner within the 30-day period, the notice to remove the
mobilehome from the park described in paragraph (5) shall be
rescinded.
(f) Condemnation of the park.
(g) Change of use of the park or any portion thereof, provided:
(1) The management gives the homeowners at least 15 days' written
notice that the management will be appearing before a local
governmental board, commission, or body to request permits for a
change of use of the mobilehome park.
(2) After all required permits requesting a change of use have
been approved by the local governmental board, commission, or body,
the management shall give the homeowners six months' or more written
notice of termination of tenancy.
If the change of use requires no local governmental permits, then
notice shall be given 12 months or more prior to the management's
determination that a change of use will occur. The management in the
notice shall disclose and describe in detail the nature of the
change of use.
(3) The management gives each proposed homeowner written notice
thereof prior to the inception of his or her tenancy that the
management is requesting a change of use before local governmental
bodies or that a change of use request has been granted.
(4) The notice requirements for termination of tenancy set forth
in Sections 798.56 and 798.57 shall be followed if the proposed
change actually occurs.
(5) A notice of a proposed change of use given prior to January 1,
1980, that conforms to the requirements in effect at that time shall
be valid. The requirements for a notice of a proposed change of use
imposed by this subdivision shall be governed by the law in effect
at the time the notice was given.
(h) The report required pursuant to subdivisions (b) and (i) of
Section 65863.7 of the Government Code shall be given to the
homeowners or residents at the same time that notice is required
pursuant to subdivision (g) of this section.
(i) For purposes of this section, "financial institution" means a
state or national bank, state or federal savings and loan association
or credit union, or similar organization, and mobilehome dealer as
defined in Section 18002.6 of the Health and Safety Code or any other
organization that, as part of its usual course of business,
originates, owns, or provides loan servicing for loans secured by a
mobilehome.