BILL ANALYSIS
SENATE JUDICIARY COMMITTEE
Senator Ellen M. Corbett, Chair
2009-2010 Regular Session
SB 111 S
Senator Correa B
As Amended March 19, 2009
Hearing Date: March 31, 2009 1
Civil Code 1
BCP:jd 1
SUBJECT
Mobilehome Residency Law
DESCRIPTION
This bill would non-substantively reorganize the Mobilehome
Residency Law by: (1) renumbering various provisions; (2) adding
a new code section referencing three sections that relate to the
enforcement of park rules and regulations; and (3) other
technical, conforming changes.
BACKGROUND
Enacted in 1978, the Mobilehome Residency Law (MRL) governs the
relationship between park owners or managers and the residents
of the more than 4,800 mobilehome parks and manufactured housing
communities in California. Since that enactment, the MRL has
been amended on a piecemeal basis, resulting in the placement of
sections in areas for which there is no logical relationship.
Park owners, managers, and tenants rely upon those sections to
provide guidance and direction as to daily activities.
To provide access to the MRL, existing law requires the
attachment of a copy to all rental agreements, and to be
provided to all homeowners prior to February 1 of each year (if
a significant change was made in the prior year). In order to
increase readability and usefulness of the MRL, this bill would
reorganize and renumber the MRL, but not make any substantive
changes to existing law.
CHANGES TO EXISTING LAW
(more)
SB 111 (Correa)
Page 2 of ?
Existing law , the Mobilehome Residency Law, governs the
relationship between park owners or managers and the residents
in mobilehome parks and manufactured housing communities. (Civ.
Code Sec. 798 et seq.)
Existing law requires a copy of the MRL to be attached as an
exhibit to the rental agreement, and provided to all homeowners
prior to February 1 of each year, if a significant change was
made in the chapter by legislation enacted in the prior year.
(Civ. Code Sec. 798.15.)
This bill would reorganize the MRL by renumbering selected
sections to group them into similar categories, and group
certain sections into a new Article entitled Utilities. To
further clarify the MRL, this bill would add a new section
stating that three existing sections relate to the enforcement
of park rules and regulations, and replace the word tenant with
resident in one section.
This bill would further state that nothing in the act shall be
construed to affect the application of any other statute,
regulation, or any existing contract, lease, rental agreement,
or related document.
COMMENT
1. Stated need for the bill
According to the author:
Over the last 30 years, the MRL has grown in complexity.
Except for the original codified version of the Mobilehome
Residency Law (MRL), enacted as Chapter 2.5 of the Civil Code
in 1978, most of the provisions enacted since that time have
been amended into the MRL on a piecemeal basis. Some sections
have been added to articles within the MRL to which they do
not always have a logical relationship. In some cases they
were placed there apparently because a missing section number
was available between two existing section numbers. . . . As
a result homeowners and residents of mobilehome parks, in
particular, who utilize this document to understand their
responsibilities and rights, tell the committee they are not
always able to locate, or easily find, some sections. The
reorganization may also be helpful to park managers and other
laypersons who need to more easily locate a particular section
to help in managing the park and in resolving a problem or
SB 111 (Correa)
Page 3 of ?
issue.
The author further notes that this bill is a non-substantive
reorganization of some sections of the Mobilehome Residency Law
to provide a more logical placement of those sections.
2. Changes proposed by this bill would not change existing law
This bill's proposed reorganization of the MRL is purely
non-substantive, and would not alter existing law. Accordingly,
this bill renumbers sections, adds a new heading for sections
relating to utilities, adds a new section directing residents
and managers to the sections that relate to enforcement of park
rules and regulations, and makes other clarifying changes. The
Golden State Manufactured-Home Owners League, in support, states
that "[t]his modest bill will assist park residents and managers
alike and will make the text of the law more user-friendly."
While the proposed reorganization would not result in any
substantive change in law, this bill could impose minimal
burdens on those who are required to offer copies of the MRL
(which may need to be reprinted anyway as a result of other
pending legislation), or those who may need to update forms and
contracts as a result of changed cross-references. The Western
Manufactured Housing Communities Association (WMA), in
opposition, states that while its previous concerns regarding
the need to change numerous forms and regularly cited rent
control sections have been taken care of, "WMA may remain
opposed based upon whether there is an actual need to rearrange
the code sections, and if this will actually make a difference."
3. No impact on existing contracts, leases, rental agreements,
or related documents
To ensure that the reorganization does not affect existing
leases, or other documents, the March 19, 2009 amendments added
language stating:
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.
Support : Golden State Manufactured-Home Owners League;
SB 111 (Correa)
Page 4 of ?
California Alliance for Retired Americans
Opposition : Western Manufactured Housing Communities
Association (WMA)
HISTORY
Source : Senate Select Committee on Manufactured Homes and
Communities
Related Pending Legislation :
AB 481 (Ma), would amend the MRL with respect to rent control in
mobilehome parks. This bill is pending referral in the
Assembly.
AB 761 (Calderon), would amend the MRL with respect to rent
control in mobilehome parks. This bill is pending referral in
the Assembly.
SB 804 (Leno), would amend the MRL to prohibit the management
from requiring a homeowner to use a specific person in the
purchase or installation of a replacement home. This bill is in
the Senate Judiciary Committee.
Prior Legislation : None Known
**************