BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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                                 THIRD READING


          Bill No:  SB 111
          Author:   Correa (D)
          Amended:  3/19/09
          Vote:     21

           
           SENATE JUDICIARY COMMITTEE  :  3-2, 3/31/09
          AYES:  Corbett, Florez, Leno
          NOES:  Harman, Walters


           SUBJECT  :    Mobilehome Residency Law

           SOURCE  :     Senate Select Committee on Manufactured Homes
                        and Communities


           DIGEST  :    This bill reorganizes 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.

           ANALYSIS  :    

          Existing law, the Mobilehome Residency Law (MRL), 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 provide to all  
          homeowners prior to February 1 of each year, if a  
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          significant change was made in the chapter by legislation  
          enacted in the prior year.  (Civ. Code Sec. 798.15.)
          This bill reorganizes 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 adds 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 furthers 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.
          
           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No    
          Local:  No

           SUPPORT  :   (Verified  4/1/09)

          Senate Select Committee on Manufactured Homes and 
            Communities (Source)
          California Alliance for Retired Americans
          Golden State Manufactured-Home Owners League

           OPPOSITION  :    (Verified  4/1/09)

          Western Manufactured Housing Communities Association

           ARGUMENTS IN SUPPORT  :    According to the author's office,  
          over the last 30 years, the MRL has grown in complexity.   
          Except for the original codified version of the 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  







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          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 issue.  

          The author's office further notes that this bill is a  
          non-substantive reorganization of some sections of the MRL  
          to provide a more logical placement of those sections.

           ARGUMENTS IN OPPOSITION  :    The Western Manufactured  
          Housing Communities Association, 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."   
           

          RJG:do  4/1/09   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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