BILL NUMBER: SB 111 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 19, 2009
INTRODUCED BY Senator Correa
JANUARY 28, 2009
An act to amend Section 798.44 of, to amend and renumber Sections
798.15, 798.16, 798.17, 798.18, 798.19, 798.19.5, 798.20,
798.21, 798.22, 798.27, 798.28, 798.29, 798.29.5, 798.29.6, 798.38,
798.39, 798.40, 798.42, 798.43, 798.43.1, 798.49, and 798.76 of, to
amend and 798.21, 798.22, 798.23, 798 .
23.5, 798.25.5, 798.28, 798.28.5, 798.29.5, 798.38, 798.40, 798.42,
798.43, and 798.49 of, to amend, renumber, and add Section 798.29, to
amend and renumber the heading of Article 4 (commencing with
Section 798.30) of Chapter 2.5 of Title 2 of Part 2 of Division 2 of,
to add Section 798.29 to, and to add the heading
of Article 4 (commencing with Section 798.40) of
to Chapter 2.5 of Title 2 of Part 2 of Division 2
to of , the Civil Code, relating to mobilehome
parks.
LEGISLATIVE COUNSEL'S DIGEST
SB 111, as amended, Correa. Mobilehome Residency Law.
The Mobilehome Residency Law governs residency in mobilehome parks
and includes provisions that are applicable to those who have an
ownership interest in a subdivision, cooperative, or condominium for
mobilehomes, or a resident-owned mobilehome park, as specified. Among
other things, these provisions set forth the rights of residents and
homeowners regarding the use of the property.
This bill would reorganize the Mobilehome Residency Law by
revising and recasting various provisions thereof.
This bill would make other technical, conforming changes.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 798.15 of the Civil Code is
amended and renumbered to read:
798.21. The rental agreement shall be in writing and shall
contain, in addition to the provisions otherwise required by law to
be included, all of the following:
(a) The term of the tenancy and the rent therefor.
(b) The rules and regulations of the park.
(c) A copy of the text of this chapter shall be attached as an
exhibit and shall be incorporated into the rental agreement by
reference. Management shall provide all homeowners with a copy of
this chapter prior to February 1 of each year, if a significant
change was made in the chapter by legislation enacted in the prior
year.
(d) A provision specifying that (1) it is the responsibility of
the management to provide and maintain physical improvements in the
common facilities in good working order and condition and (2) with
respect to a sudden or unforeseeable breakdown or deterioration of
these improvements, the management shall have a reasonable period of
time to repair the sudden or unforeseeable breakdown or deterioration
and bring the improvements into good working order and condition
after management knows or should have known of the breakdown or
deterioration. For purposes of this subdivision, a reasonable period
of time to repair a sudden or unforeseeable breakdown or
deterioration shall be as soon as possible in situations affecting a
health or safety condition, and shall not exceed 30 days in any other
case except where exigent circumstances justify a delay.
(e) A description of the physical improvements to be provided the
homeowner during his or her tenancy.
(f) A provision listing those services which will be provided at
the time the rental agreement is executed and will continue to be
offered for the term of tenancy and the fees, if any, to be charged
for those services.
(g) A provision stating that management may charge a reasonable
fee for services relating to the maintenance of the land and premises
upon which a mobilehome is situated in the event the homeowner fails
to maintain the land or premises in accordance with the rules and
regulations of the park after written notification to the homeowner
and the failure of the homeowner to comply within 14 days. The
written notice shall state the specific condition to be corrected and
an estimate of the charges to be imposed by management if the
services are performed by management or its agent.
(h) All other provisions governing the tenancy.
SEC. 2. Section 798.16 of the Civil Code is
amended and renumbered to read:
798.21.2. (a) The rental agreement may include other provisions
permitted by law, but need not include specific language contained in
state or local laws not a part of this chapter.
(b) Management shall return an executed copy of the rental
agreement to the homeowner within 15 business days after management
has received the rental agreement signed by the homeowner.
SEC. 3. Section 798.17 of the Civil Code is
amended and renumbered to read:
798.21.3. (a) (1) Rental agreements meeting the criteria of
subdivision (b) shall be exempt from any ordinance, rule, regulation,
or initiative measure adopted by any local governmental entity which
establishes a maximum amount that a landlord may charge a tenant for
rent. The terms of a rental agreement meeting the criteria of
subdivision (b) shall prevail over conflicting provisions of an
ordinance, rule, regulation, or initiative measure limiting or
restricting rents in mobilehome parks, only during the term of the
rental agreement or one or more uninterrupted, continuous extensions
thereof. If the rental agreement is not extended and no new rental
agreement in excess of 12 months' duration is entered into, then the
last rental rate charged for the space under the previous rental
agreement shall be the base rent for purposes of applicable
provisions of law concerning rent regulation, if any.
(2) In the first sentence of the first paragraph of a rental
agreement entered into on or after January 1, 1993, pursuant to this
section, there shall be set forth a provision in at least 12-point
boldface type if the rental agreement is printed, or in capital
letters if the rental agreement is typed, giving notice to the
homeowner that the rental agreement will be exempt from any
ordinance, rule, regulation, or initiative measure adopted by any
local governmental entity which establishes a maximum amount that a
landlord may charge a tenant for rent.
(b) Rental agreements subject to this section shall meet all of
the following criteria:
(1) The rental agreement shall be in excess of 12 months'
duration.
(2) The rental agreement shall be entered into between the
management and a homeowner for the personal and actual residence of
the homeowner.
(3) The homeowner shall have at least 30 days from the date the
rental agreement is first offered to the homeowner to accept or
reject the rental agreement.
(4) The homeowner who executes a rental agreement offered pursuant
to this section may void the rental agreement by notifying
management in writing within 72 hours of the homeowner's execution of
the rental agreement.
(c) If, pursuant to paragraph (3) or (4) of subdivision (b), the
homeowner rejects the offered rental agreement or rescinds a signed
rental agreement, the homeowner shall be entitled to instead accept,
pursuant to Section 798.18, a rental agreement for a term of 12
months or less from the date the offered rental agreement was to have
begun. In the event the homeowner elects to have a rental agreement
for a term of 12 months or less, including a month-to-month rental
agreement, the rental agreement shall contain the same rental
charges, terms, and conditions as the rental agreement offered
pursuant to subdivision (b), during the first 12 months, except for
options, if any, contained in the offered rental agreement to extend
or renew the rental agreement.
(d) Nothing in subdivision (c) shall be construed to prohibit the
management from offering gifts of value, other than rental rate
reductions, to homeowners who execute a rental agreement pursuant to
this section.
(e) With respect to any space in a mobilehome park that is exempt
under subdivision (a) from any ordinance, rule, regulation, or
initiative measure adopted by any local governmental entity that
establishes a maximum amount that a landlord may charge a homeowner
for rent, and notwithstanding any ordinance, rule, regulation, or
initiative measure, a mobilehome park shall not be assessed any fee
or other exaction for a park space that is exempt under subdivision
(a) imposed pursuant to any ordinance, rule, regulation, or
initiative measure. No other fee or other exaction shall be imposed
for a park space that is exempt under subdivision (a) for the purpose
of defraying the cost of administration thereof.
(f) At the time the rental agreement is first offered to the
homeowner, the management shall provide written notice to the
homeowner of the homeowner's right (1) to have at least 30 days to
inspect the rental agreement, and (2) to void the rental agreement by
notifying management in writing within 72 hours of the acceptance of
a rental agreement. The failure of the management to provide the
written notice shall make the rental agreement voidable at the
homeowner's option upon the homeowner's discovery of the failure. The
receipt of any written notice provided pursuant to this subdivision
shall be acknowledged in writing by the homeowner.
(g) No rental agreement subject to subdivision (a) that is first
entered into on or after January 1, 1993, shall have a provision
which authorizes automatic extension or renewal of, or automatically
extends or renews, the rental agreement for a period beyond the
initial stated term at the sole option of either the management or
the homeowner.
(h) This section does not apply to or supersede other provisions
of this part or other state law.
SEC. 4. Section 798.18 of the Civil Code is
amended and renumbered to read:
798.21.4. (a) A homeowner shall be offered a rental agreement for
(1) a term of 12 months, or (2) a lesser period as the homeowner may
request, or (3) a longer period as mutually agreed upon by both the
homeowner and management.
(b) No rental agreement shall contain any terms or conditions with
respect to charges for rent, utilities, or incidental reasonable
service charges that would be different during the first 12 months of
the rental agreement from the corresponding terms or conditions that
would be offered to the homeowners on a month-to-month basis.
(c) No rental agreement for a term of 12 months or less shall
include any provision which authorizes automatic extension or renewal
of, or automatically extends or renews, the rental agreement beyond
the initial term for a term longer than 12 months at the sole option
of either the management or the homeowner.
SEC. 5. Section 798.19 of the Civil Code is
amended and renumbered to read:
798.21.5. No rental agreement for a mobilehome shall contain a
provision by which the homeowner waives his or her rights under the
provisions of Articles 1 to 8, inclusive, of this chapter. Any such
waiver shall be deemed contrary to public policy and void.
SEC. 6. Section 798.19.5 of the Civil Code is
amended and renumbered to read:
798.21.6. A rental agreement entered into or renewed on and after
January 1, 2006, shall not include a clause, rule, regulation, or
any other provision that grants to management the right of first
refusal to purchase a homeowner's mobilehome that is in the park and
offered for sale to a third party pursuant to Article 7 (commencing
with Section 798.70). This section does not preclude a separate
agreement for separate consideration granting the park owner or
management a right of first refusal to purchase the homeowner's
mobilehome that is in the park and offered for sale.
SEC. 7. Section 798.20 of the Civil Code is
amended and renumbered to read:
798.15. (a) Membership in any private club or organization that
is a condition for tenancy in a park shall not be denied on any basis
listed in subdivision (a) or (d) of Section 12955 of the Government
Code, as those bases are defined in Sections 12926, 12926.1,
subdivision (m) and paragraph (1) of subdivision (p) of Section
12955, and Section 12955.2 of the Government Code.
(b) Notwithstanding subdivision (a), with respect to familial
status, subdivision (a) shall not be construed to apply to housing
for older persons, as defined in Section 12955.9 of the Government
Code. With respect to familial status, nothing in subdivision (a)
shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11,
and 799.5, relating to housing for senior citizens. Subdivision (d)
of Section 51 and Section 1360 of this code and subdivisions (n),
(o), and (p) of Section 12955 of the Government Code shall apply to
subdivision (a).
SEC. 8. SECTION 1. Section 798.21 of
the Civil Code is amended and renumbered to read:
798.47. (a) Notwithstanding Section 798.17, if a mobilehome space
within a mobilehome park is not the principal residence of the
homeowner and the homeowner has not rented the mobilehome to another
party, it shall be exempt from any ordinance, rule, regulation, or
initiative measure adopted by any city, county, or city and county,
which establishes a maximum amount that the landlord may charge a
tenant for rent.
(b) Nothing in this section is intended to require any homeowner
to disclose information concerning his or her personal finances.
Nothing in this section shall be construed to authorize management to
gain access to any records which would otherwise be confidential or
privileged.
(c) For purposes of this section, a mobilehome shall be deemed to
be the principal residence of the homeowner, unless a review of state
or county records demonstrates that the homeowner is receiving a
homeowner's exemption for another property or mobilehome in this
state, or unless a review of public records reasonably demonstrates
that the principal residence of the homeowner is out of state.
(d) Before modifying the rent or other terms of tenancy as a
result of a review of records, as described in subdivision (c), the
management shall notify the homeowner, in writing, of the proposed
changes and provide the homeowner with a copy of the documents upon
which management relied.
(e) The homeowner shall have 90 days from the date the notice
described in subdivision (d) is mailed to review and respond to the
notice. Management may not modify the rent or other terms of tenancy
prior to the expiration of the 90-day period or prior to responding,
in writing, to information provided by the homeowner. Management may
not modify the rent or other terms of tenancy if the homeowner
provides documentation reasonably establishing that the information
provided by management is incorrect or that the homeowner is not the
same person identified in the documents. However, nothing in this
subdivision shall be construed to authorize the homeowner to change
the homeowner's exemption status of the other property or mobilehome
owned by the homeowner.
(f) This section does not apply under any of the following
conditions:
(1) The homeowner is unable to rent or lease the mobilehome
because the owner or management of the mobilehome park in which the
mobilehome is located does not permit, or the rental agreement limits
or prohibits, the assignment of the mobilehome or the subletting of
the park space.
(2) The mobilehome is being actively held available for sale by
the homeowner, or pursuant to a listing agreement with a real estate
broker licensed pursuant to Chapter 3 (commencing with Section 10130)
of Part 1 of Division 4 of the Business and Professions Code, or a
mobilehome dealer, as defined in Section 18002.6 of the Health and
Safety Code. A homeowner, real estate broker, or mobilehome dealer
attempting to sell a mobilehome shall actively market and advertise
the mobilehome for sale in good faith to bona fide purchasers for
value in order to remain exempt pursuant to this subdivision.
(3) The legal owner has taken possession or ownership, or both, of
the mobilehome from a registered owner through either a surrender of
ownership interest by the registered owner or a foreclosure
proceeding.
SEC. 9. SEC. 2. Section 798.22 of
the Civil Code is amended and renumbered to read:
798.18. 798.13.5. (a) In any new
mobilehome park that is developed after January 1, 1982, mobilehome
spaces shall not be rented for the accommodation of recreational
vehicles as defined by Section 799.29 unless the mobilehome park has
a specifically designated area within the park for recreational
vehicles, which is separate and apart from the area designated for
mobilehomes. Recreational vehicles may be located only in the
specifically designated area.
(b) Any new mobilehome park that is developed after January 1,
1982, is not subject to the provisions of this section until 75
percent of the spaces have been rented for the first time.
SEC. 3. Section 798.23 of the
Civil Code is amended and renumbered to read:
798.23. 798.21. (a) The owner of
the park, and any person employed by the park, shall be subject to,
and comply with, all park rules and regulations, to the same extent
as residents and their guests.
(b) Subdivision (a) of this section does not apply to either of
the following:
(1) Any rule or regulation that governs the age of any resident or
guest.
(2) Acts of a park owner or park employee which are undertaken to
fulfill a park owner's maintenance, management, and business
operation responsibilities.
SEC. 4. Section 798.23.5 of the
Civil Code is amended and renumbered to read:
798.23.5. 798.22. (a) (1)
Management shall permit a homeowner to rent his or her home that
serves as the homeowner's primary residence or sublet his or her
space, under the circumstances described in paragraph (2) and subject
to the requirements of this section.
(2) A homeowner shall be permitted to rent or sublet pursuant to
paragraph (1) if a medical emergency or medical treatment requires
the homeowner to be absent from his or her home and this is confirmed
in writing by an attending physician.
(b) The following provisions shall apply to a rental or sublease
pursuant to this section:
(1) The minimum term of the rental or sublease shall be six
months, unless the management approves a shorter term, but no greater
than 12 months, unless management approves a longer term.
(2) The management may require approval of a prospective renter or
sublessee, subject to the process and restrictions provided by
subdivision (a) of Section 798.74 for prospective purchasers of
mobilehomes. A prospective sublessee shall comply with any rule or
regulation limiting residency based on age requirements, pursuant to
Section 798.76. The management may charge a prospective sublessee a
credit screening fee for the actual cost of any personal reference
check or consumer credit report that is provided by a consumer credit
reporting agency, as defined in Section 1785.3, if the management or
his or her agent requires that personal reference check or consumer
credit report.
(3) The renter or sublessee shall comply with all rules and
regulations of the park. The failure of a renter or sublessee to
comply with the rules and regulations of the park may result in the
termination of the homeowner's tenancy in the mobilehome park, in
accordance with Section 798.56. A homeowner's tenancy may not be
terminated under this paragraph if the homeowner completes an action
for unlawful detainer or executes a judgement for possession,
pursuant to Chapter 4 (commencing with Section 1159) of Title 3 of
Part 3 of the Code of Civil Procedure within 60 days of the homeowner
receiving notice of termination of tenancy.
(4) The homeowner shall remain liable for the mobilehome park rent
and other park charges.
(5) The management may require the homeowner to reside in the
mobilehome park for a term of one year before management permits the
renting or subletting of a mobilehome or mobilehome space.
(6) Notwithstanding subdivision (a) of Section 798.39, if a
security deposit has been refunded to the homeowner pursuant to
subdivision (b) or (c) of Section 798.39, the management may require
the homeowner to resubmit a security deposit in an amount or value
not to exceed two months' rent in addition to the first month's rent.
Management may retain this security deposit for the duration of the
term of the rental or sublease.
(7) The homeowner shall keep his or her current address and
telephone number on file with the management during the term of
rental or sublease. If applicable, the homeowner may provide the
name, address, and telephone number of his or her legal
representative.
(c) A homeowner may not charge a renter or sublessee more than an
amount necessary to cover the cost of space rent, utilities, and
scheduled loan payments on the mobilehome, if any.
SEC. 5. Section 798.25.5 of the
Civil Code is amended and renumbered to read:
798.25.5. 798.23. Any rule or
regulation of a mobilehome park that (a) is unilaterally adopted by
the management, (b) is implemented without the consent of the
homeowners, and (c) by its terms purports to deny homeowners their
right to a trial by jury or which would mandate binding arbitration
of any dispute between the management and homeowners shall be void
and unenforceable.
SEC. 10. Section 798.27 of the Civil Code is
amended and renumbered to read:
798.17. (a) The management shall give written notice to all
homeowners and prospective homeowners concerning the following
matters: (1) the nature of the zoning or use permit under which the
mobilehome park operates. If the mobilehome park is operating
pursuant to a permit subject to a renewal or expiration date, the
relevant information and dates shall be included in the notice. (2)
The duration of any lease of the mobilehome park, or any portion
thereof, in which the management is a lessee.
(b) If a change occurs concerning the zoning or use permit under
which the park operates or a lease in which the management is a
lessee, all homeowners shall be given written notice within 30 days
of that change. Notification regarding the change of use of the park,
or any portion thereof, shall be governed by subdivision (g) of
Section 798.56. A prospective homeowner shall be notified prior to
the inception of the tenancy.
SEC. 11. SEC. 6. Section 798.28 of
the Civil Code is amended and renumbered to read:
798.16. 798.14.1. The management of
a mobilehome park shall disclose, in writing, the name, business
address, and business telephone number of the mobilehome park owner
upon the request of a homeowner.
SEC. 7. Section 798.28.5 of the
Civil Code is amended and renumbered to read:
798.28.5. 798.28. (a) Except as
otherwise provided in this section, the management may cause the
removal, pursuant to Section 22658 of the Vehicle Code, of a vehicle
other than a mobilehome that is parked in the park when there is
displayed a sign at each entrance to the park as provided in
paragraph (1) of subdivision (a) of Section 22658 of the Vehicle
Code.
(b) (1) Management may not cause the removal of a vehicle from a
homeowner's or resident's driveway or a homeowner's or resident's
designated parking space except if management has first posted on the
windshield of the vehicle a notice stating management's intent to
remove the vehicle in seven days and stating the specific park rule
that the vehicle has violated that justifies its removal. After the
expiration of seven days following the posting of the notice,
management may remove a vehicle that remains in violation of a rule
for which notice has been posted upon the vehicle. If a vehicle rule
violation is corrected within seven days after the rule violation
notice is posted on the vehicle, the vehicle may not be removed. If a
vehicle upon which a rule violation notice has been posted is
removed from the park by a homeowner or resident and subsequently is
returned to the park still in violation of the rule stated in the
notice, management is not required to post any additional notice on
the vehicle, and the vehicle may be removed after the expiration of
the seven-day period following the original notice posting.
(2) If a vehicle poses a significant danger to the health or
safety of a park resident or guest, or if a homeowner or resident
requests to have a vehicle removed from his or her driveway or
designated parking space, the requirements of paragraph (1) do not
apply, and management may remove the vehicle pursuant to Section
22658 of the Vehicle Code.
SEC. 12. SEC. 8. Section 798.29 of
the Civil Code is amended and renumbered to read:
798.19. 798.14.2. The management
shall post a mobilehome ombudsman sign provided by the Department of
Housing and Community Development, as required by Section 18253.5 of
the Health and Safety Code.
SEC. 13. SEC. 9. Section 798.29 is
added to the Civil Code, to read:
798.29. Sections Section 798.36,
subdivision (d) of Section 798.56, and Section 798.88
govern relate to enforcement of park
rules and regulations.
SEC. 14. SEC. 10. Section 798.29.5
of the Civil Code is amended and renumbered to read:
798.44.1. 798.43. The management
shall provide, by posting notice on the mobilehomes of all affected
homeowners and residents, at least 72 hours' written advance notice
of an interruption in utility service of more than two hours for the
maintenance, repair, or replacement of facilities of utility systems
over which the management has control within the park, provided that
the interruption is not due to an emergency. The management shall be
liable only for actual damages sustained by a homeowner or resident
for violation of this section.
"Emergency," for purposes of this section, means the interruption
of utility service resulting from an accident or act of nature, or
cessation of service caused by other than the management's regular or
planned maintenance, repair, or replacement of utility facilities.
SEC. 15. Section 798.29.6 of the Civil Code is
amended and renumbered to read:
798.27. The management shall not prohibit a homeowner or resident
from installing accommodations for the disabled on the home or the
site, lot, or space on which the mobilehome is located, including,
but not limited to, ramps or handrails on the outside of the home, as
long as the installation of those facilities complies with code, as
determined by an
enforcement agency, and those facilities are installed pursuant to a
permit, if required for the installation, issued by the enforcement
agency. The management may require that the accommodations installed
pursuant to this section be removed by the current homeowner at the
time the mobilehome is removed from the park or pursuant to a written
agreement between the current homeowner and the management prior to
the completion of the resale of the mobilehome in place in the park.
This section is not exclusive and shall not be construed to
condition, affect, or supersede any other provision of law or
regulation relating to accessibility or accommodations for the
disabled.
SEC. 16. SEC. 11. The heading of
Article 4 (commencing with Section 798.30) of Chapter 2.5 of Title 2
of Part 2 of Division 2 of the Civil Code is amended and renumbered
to read:
Article 3.5. Fees and Charges
SEC. 17. SEC. 12. Section 798.38 of
the Civil Code is amended and renumbered to read:
798.40. (a) Where the management provides both master-meter and
submeter service of utilities to a homeowner, for each billing period
the cost of the charges for the period shall be separately stated
along with the opening and closing readings for his or her meter. The
management shall post in a conspicuous place, the prevailing
residential utilities rate schedule as published by the serving
utility.
(b) If a third-party billing agent or company prepares utility
billing for the park, the management shall disclose on each resident'
s billing, the name, address, and telephone number of the billing
agent or company.
SEC. 18. Section 798.39 of the Civil Code is
amended and renumbered to read:
798.38. (a) The management may only demand a security deposit on
or before initial occupancy and the security deposit may not be in an
amount or value in excess of an amount equal to two months' rent
that is charged at the inception of the occupancy, in addition to any
rent for the first month. In no event shall additional security
deposits be demanded of a homeowner following the initial occupancy.
(b) As to all security deposits collected on or after January 1,
1989, after the homeowner has promptly paid to the management, within
five days of the date the amount is due, all of the rent, utilities,
and reasonable service charges for any 12-consecutive-month period
subsequent to the collection of the security deposit by the
management, or upon resale of the mobilehome, whichever occurs
earlier, the management shall, upon the receipt of a written request
from the homeowner, refund to the homeowner the amount of the
security deposit within 30 days following the end of the
12-consecutive-month period of the prompt payment or the date of the
resale of the mobilehome.
(c) As to all security deposits collected prior to January 1,
1989, upon the extension or renewal of the rental agreement or lease
between the homeowner and the management, and upon the receipt of a
written request from the homeowner, if the homeowner has promptly
paid to the management, within five days of the date the amount is
due, all of the rent, utilities, and reasonable service charges for
the 12-consecutive-month period preceding the receipt of the written
request, the management shall refund to the homeowner the amount of
the security deposit within 60 days.
(d) As to all security deposits collected prior to January 1,
1989, and not disbursed pursuant to subdivision (c), in the event
that the mobilehome park is sold or transferred to any other party or
entity, the selling park owner shall deposit in escrow an amount
equal to all security deposits that the park owner holds. The seller'
s escrow instructions shall direct that, upon close of escrow, the
security deposits therein that were held by the selling park owner
(including the period in escrow) for 12 months or more, shall be
disbursed to the persons who paid the deposits to the selling park
owner and promptly paid, within five days of the date the amount is
due, all rent, utilities, and reasonable service charges for the
12-month period preceding the close of escrow.
(e) Any and all security deposits in escrow that were held by the
selling park owner that are not required to be disbursed pursuant to
subdivision (b), (c), or (d) shall be disbursed to the successors in
interest to the selling or transferring park owner, who shall have
the same obligations of the park's management and ownership specified
in this section with respect to security deposits. The disbursal may
be made in escrow by a debit against the selling park owner and a
credit to the successors in interest to the selling park owner.
(f) The management shall not be required to place any security
deposit collected in an interest-bearing account or to provide a
homeowner with any interest on the security deposit collected.
(g) Nothing in this section shall affect the validity of title to
real property transferred in violation of this section.
SEC. 19. SEC. 13. The heading of
Article 4 (commencing with Section 798.40) is added to Chapter 2.5 of
Title 2 of Part 2 of Division 2 of the Civil Code, as immediately
following Section 798.39, to read:
Article 4. Utilities
SEC. 20. SEC. 14. Section 798.40 of
the Civil Code is amended and renumbered to read:
798.39. 798.38. The management
shall not acquire a lien or security interest, other than an interest
arising by reason of process issued to enforce a judgment of any
court, in a mobilehome located in the park unless it is mutually
agreed upon by both the homeowner and management. Any billing and
payment upon the obligation shall be kept separate from current rent.
SEC. 21. SEC. 15. Section 798.42 of
the Civil Code is amended and renumbered to read:
798.39.5. (a) The management shall not charge or impose upon a
homeowner any fee or increase in rent which reflects the cost to the
management of any fine, forfeiture, penalty, money damages, or fee
assessed or awarded by a court of law against the management for a
violation of this chapter, including any attorney's fees and costs
incurred by the management in connection therewith.
(b) A court shall consider the remoteness in time of the
assessment or award against the management of any fine, forfeiture,
penalty, money damages, or fee in determining whether the homeowner
has met the burden of proof that the fee or increase in rent is in
violation of this section.
(c) Any provision in a rental agreement entered into, renewed, or
modified on or after January 1, 1995, that permits a fee or increase
in rent that reflects the cost to the management of any money damages
awarded against the management for a violation of this chapter shall
be void.
SEC. 22. SEC. 16. Section 798.43 of
the Civil Code is amended and renumbered to read:
798.42. (a) Except as provided in subdivision (b), whenever a
homeowner is responsible for payment of gas, water, or electric
utility service, management shall disclose to the homeowner any
condition by which a gas, water, or electric meter on the homeowner's
site measures gas, water, or electric service for common area
facilities or equipment, including lighting, provided that management
has knowledge of the condition.
Management shall disclose this information prior to the inception
of the tenancy or upon discovery and shall complete either of the
following:
(1) Enter into a mutual written agreement with the homeowner for
compensation by management for the cost of the portion of the service
measured by the homeowner's meter for the common area facilities or
equipment to the extent that this cost accrues on or after January 1,
1991.
(2) Discontinue using the meter on the homeowner's site for the
utility service to the common area facilities and equipment.
(b) On and after January 1, 1994, if the electric meter on the
homeowner's site measures electricity for lighting mandated by
Section 18602 of the Health and Safety Code and this lighting
provides lighting for the homeowner's site, management shall be
required to comply with subdivision (a).
SEC. 23. Section 798.43.1 of the Civil Code is
amended and renumbered to read:
798.43. (a) The management of a master-meter park shall 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, established pursuant to
Section 739.1 of the Public Utilities Code. The notice shall include
CARE information available to master-meter customers from their
serving utility, to include, at a minimum: (1) the fact that CARE
offers a discount on monthly gas or electric bills for qualifying
low-income residents; and (2) the telephone number of the serving
utility which provides CARE information and applications. The park
shall also post the notice in a conspicuous place in the clubhouse,
or if there is no clubhouse, in a conspicuous public place in the
park.
(b) The management of a master-meter park may accept and help
process CARE program applications from homeowners and residents in
the park, fill in the necessary account or other park information
required by the serving utility to process the applications, and send
the applications to the serving utility. The management shall not
deny a homeowner or resident who chooses to submit a CARE application
to the utility himself or herself any park information, including a
utility account number, the serving utility requires to process a
homeowner or resident CARE program application.
(c) The management of a master-meter park shall pass through the
full amount of the CARE program discount in monthly utility billings
to homeowners and residents who have qualified for the CARE rate
schedule, as defined in the serving utility's applicable rate
schedule. The management shall notice the discount on the billing
statement of any homeowner or resident who has qualified for the CARE
rate schedule as either the itemized amount of the discount or a
notation on the statement that the homeowner or resident is receiving
the CARE discount on the electric bill, the gas bill, or both the
electric and gas bills.
(d) "Master-meter park" as used in this section means
"master-meter customer" as used in Section 739.5 of the Public
Utilities Code.
SEC. 24. SEC. 17. Section 798.44 of
the Civil Code is amended to read:
798.44. (a) The management of a park that does not permit
mobilehome owners or park residents to purchase liquefied petroleum
gas for use in the mobilehome park from someone other than the
mobilehome park management shall not sell liquefied petroleum gas to
mobilehome owners and residents within the park at a cost which
exceeds 110 percent of the actual price paid by the management of the
park for liquefied petroleum gas.
(b) The management of a park shall post in a visible location the
actual price paid by management for liquefied petroleum gas sold
pursuant to subdivision (a).
(c) This section shall apply only to mobilehome parks regulated
under the Mobilehome Residency Law. This section shall not apply to
recreational vehicle parks, as defined in Section 18215 of the Health
and Safety Code, which exclusively serve recreational vehicles, as
defined in Section 18010 of the Health and Safety Code.
(d) Nothing in this section is intended to abrogate any rights a
mobilehome park owner may have under Section 798.31 of the Civil
Code.
(e) In addition to a mobilehome park described in subdivision (a),
the requirements of subdivisions (a) and (b) shall apply to a
mobilehome park where requirements of federal, state, or local law or
regulation, including, but not limited to, requirements for setbacks
between mobilehomes, prohibit homeowners or residents from
installing their own liquefied petroleum gas supply tanks,
notwithstanding that the management of the mobilehome park permits
mobilehome owners and park residents to buy their own liquefied
petroleum gas.
SEC. 25. SEC. 18. Section 798.49 of
the Civil Code is amended and renumbered to read:
798.46. (a) Except as provided in subdivision (d), the local
agency of any city, including a charter city, county, or city and
county, which administers an ordinance, rule, regulation, or
initiative measure that establishes a maximum amount that management
may charge a tenant for rent shall permit the management to
separately charge a homeowner for any of the following:
(1) The amount of any fee, assessment or other charge first
imposed by a city, including a charter city, a county, a city and
county, the state, or the federal government on or after January 1,
1995, upon the space rented by the homeowner.
(2) The amount of any increase on or after January 1, 1995, in an
existing fee, assessment or other charge imposed by any governmental
entity upon the space rented by the homeowner.
(3) The amount of any fee, assessment or other charge upon the
space first imposed or increased on or after January 1, 1993,
pursuant to any state or locally mandated program relating to housing
contained in the Health and Safety Code.
(b) If management has charged the homeowner for a fee, assessment,
or other charge specified in subdivision (a) that was increased or
first imposed on or after January 1, 1993, and the fee, assessment,
or other charge is decreased or eliminated thereafter, the charge to
the homeowner shall be decreased or eliminated accordingly.
(c) The amount of the fee, assessment or other charges authorized
by subdivision (a) shall be separately stated on any billing to the
homeowner. Any change in the amount of the fee, assessment, or other
charges that are separately billed pursuant to subdivision (a) shall
be considered when determining any rental adjustment under the local
ordinance.
(d) This section shall not apply to any of the following:
(1) Those fees, assessments, or charges imposed pursuant to the
Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of
Division 13 of the Health and Safety Code), unless specifically
authorized by Section 18502 of the Health and Safety Code.
(2) Those costs that are imposed on management by a court pursuant
to Section 798.42.
(3) Any fee or other exaction imposed upon management for the
specific purpose of defraying the cost of administration of any
ordinance, rule, regulation, or initiative measure that establishes a
maximum amount that management may charge a tenant for rent.
(4) Any tax imposed upon the property by a city, including a
charter city, county, or city and county.
(e) Those fees and charges specified in subdivision (a) shall be
separately stated on any monthly or other periodic billing to the
homeowner. If the fee or charge has a limited duration or is
amortized for a specified period, the expiration date shall be stated
on the initial notice and each subsequent billing to the homeowner
while the fee or charge is billed to the homeowner.
SEC. 26. Section 798.76 of the Civil Code is
amended and renumbered to read:
798.28. The management may require that a prospective purchaser
comply with any rule or regulation limiting residency based on age
requirements for housing for older persons, provided that the rule or
regulation complies with the federal Fair Housing Act, as amended by
Public Law 104-76, and implementing regulations.
SEC. 19. Nothing in this act shall be construed to
affect the application of any other statute, regulation, or any
existing contract, lease, rental agreement, or related document.