BILL NUMBER: SB 111 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY SEPTEMBER 3, 2009
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
798.21, 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
and 798.42 of , 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, and to add the heading of
Article 4 (commencing with Section 798.40) to Chapter 2.5 of Title 2
of Part 2 of Division 2 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 certain provisions of the
Mobilehome Residency Law by revising and recasting
and make technical changes to 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 798.29.5 of the
Civil Code is amended and renumbered to read:
798.29.5. 798.42. 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. 2. 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 4. 3.5. Fees and Charges
SEC. 3. Section 798.38 of the
Civil Code is amended and renumbered to read:
798.38. 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. 4. 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. 5. Section 798.40 of the
Civil Code is amended and renumbered to read:
798.40. 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. 6. Section 798.42 of the
Civil Code is amended and renumbered to read:
798.42. 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. 7. 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 tenants 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
tenants 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 tenants
residents from installing their own liquefied
petroleum gas supply tanks, notwithstanding that the management of
the mobilehome park permits mobilehome owners and park
tenants residents to buy their own liquefied
petroleum gas.
SEC. 8. 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.
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. 2. Section 798.22 of the Civil Code is
amended and renumbered to read:
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:
798.21. (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:
798.22. (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:
798.23. 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. 6. Section 798.28 of the Civil Code is
amended and renumbered to read:
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. (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. 8. Section 798.29 of the Civil Code is
amended and renumbered to read:
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. 9. Section 798.29 is added to the Civil
Code, to read:
798.29. Section 798.36, subdivision (d) of Section 798.56, and
Section 798.88 relate to enforcement of park rules and regulations.
SEC. 10. Section 798.29.5 of the Civil Code is
amended and renumbered to read:
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. 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. 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. 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. 14. Section 798.40 of the Civil Code is
amended and renumbered to read:
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. 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. 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. 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. 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. 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.