BILL ANALYSIS
SENATE JUDICIARY COMMITTEE
Senator Ellen M. Corbett, Chair
2009-2010 Regular Session
AB 2120 (Silva)
As Amended May 20, 2010
Hearing Date: June 15, 2010
Fiscal: No
Urgency: No
BCP:jd
SUBJECT
Mobilehome Parks
DESCRIPTION
Existing law requires park management to provide all homeowners
with a copy of the Mobilehome Residency Law prior to February 1
of each year, if a significant change was made in the prior
year. This bill would, instead, give management the option of:
(1) providing all homeowners with a copy of the MRL; or (2)
providing written notice to all homeowners that there has been a
change to the MRL and that they may obtain one copy of the MRL
from management at no charge.
BACKGROUND
Enacted in 1978, the Mobilehome Residency Law (MRL) governs the
relationship between park owners or managers and the residents
of the 4,800+ mobilehome parks and manufactured housing
communities in California. In most of those parks, residents
own their home but lease the land on which their home is
installed.
In order to ensure those residents have access to the MRL,
existing law requires a copy to be attached to their rental
agreement and requires management to distribute an updated copy
whenever a significant change was made in the prior year. This
bill would, instead of requiring that distribution, give
management the option of either distributing a copy or providing
a written notice to homeowners that they may obtain a free copy
from management.
(more)
AB 2120 (Silva)
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CHANGES TO EXISTING LAW
Existing law , the Mobilehome Residency Law (MRL), contains nine
Articles that extensively regulate the rights, responsibilities,
obligations, and relationships between mobilehome park
owners/management and park residents. (Civ. Code Sec. 789 et
seq.)
Existing law requires a copy of the MRL to be attached as an
exhibit and incorporated into the rental agreement by reference.
Management is required to provide all homeowners with a copy of
the MRL prior to February 1 of each year, if a significant
change was made in the prior year. (Civ. Code Sec. 798.15.)
This bill would, instead, give management the option of: (1)
providing all homeowners with a copy of the MRL; or (2)
providing written notice to all homeowners that there has been a
change to the MRL and that they may obtain one copy of the MRL
from management at no charge. Upon such a request, management
must provide a copy within a reasonable time, not to exceed 10
days.
COMMENT
1. Stated need for the bill
The author asserts that the required distribution of the MRL
"has become both an environmental burden and cost-prohibitive
for [the Western Manufactured Housing Communities Association
(WMA)] members, especially given the economy. When the
provision was added to the MRL in 1987 to require distribution,
the body of law was more condensed (4 pages-WMA publication) as
opposed to today (20 pages -WMA publication)." The author
further states:
There are approximately 365,000 mobilehome spaces in the
State of California spread among 4,700 parks. This means
that if every space were to receive the minimum of one copy
per year, which is 7,300,000 pages that need to be printed,
every single year. In addition, since prospective residents
may request a free copy, it really adds up, year after year.
Since the phrase "significant change" is subjective,
mobilehome park owners simply provide a new document every
single year regardless of the significance of the change in
the body of law.
AB 2120 (Silva)
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2. AB 2120 would preserve the ability to receive a copy of the
MRL
The Legislature has previously made the policy choice that
residents of mobilehome parks and manufactured housing
communities should receive a copy of the MRL under several
circumstances, including every year there is a significant
change. That choice recognizes the importance of providing
residents with a copy of the statutory provisions that govern
their rights and obligations.
This bill seeks to preserve that ability for residents to
receive a copy of the MRL but also responds to concerns about
the costs and environmental effects of printing unnecessary
copies. Specifically, this bill would give management a choice
to either: (1) distribute a copy to all homeowners; or (2)
provide written notice to all homeowners that they may obtain a
free copy of the MRL. Management would have to perform one of
those two options (distribute a copy or provide written notice)
prior to February 1 of each year in which a significant change
was made to the MRL by legislation in the prior year.
If management elects to provide a written notice, and a
homeowner subsequently requests a copy of the MRL, management
would be required to provide a copy within a reasonable time,
not to exceed 10 days. That "reasonable time" of up to 10 days
would appear to provide management with more than enough time to
print up or order additional copies of the MRL should they not
have any available. Considering that a 10 day delay between
requesting and receiving a copy of the MRL appears to be
excessive, the following amendment is suggested to, instead,
require a copy to be available within a reasonable time, not to
exceed 7 days upon request. That shorter time frame would
appear to provide management with time, if needed, to order or
print additional copies of the MRL and ensure that homeowners
receive their free copy in a timely manner.
Suggested amendment :
On page 2, line 17, strike out "10" and insert: 7
The author further notes that management is not a homeowner's
only source for copies of the MRL - other entities, such as
Golden State Manufactured Home Owners League (GSMOL) and WMA do
have copies available. While it is essential for homeowners to
have access to the MRL, and to preserve that protection, it is
also important for resources to be available for residents who
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do read the statutory language of the MRL and still have
questions about their rights and obligations.
3. No opposition
Committee staff notes that while several groups opposed a prior
version of bill, there is no opposition to the current version
of the bill.
Support : California Mobilehome Parkowners Alliance
Opposition : None Known
HISTORY
Source : Western Manufactured Housing Communities Association
Related Pending Legislation : None Known
Prior Legislation : None Known
Prior Vote :
Assembly Housing and Community Development Committee (Ayes 9,
Noes 0)
Assembly Floor (Ayes 68, Noes 0)
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