BILL NUMBER: AB 2150 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Atkins
FEBRUARY 23, 2012
An act to amend Section 798.15 of the Civil Code, relating to
mobilehomes.
LEGISLATIVE COUNSEL'S DIGEST
AB 2150, as introduced, Atkins. Mobilehome parks.
The Mobilehome Residency Law governs the terms and conditions of
residency in mobilehome parks. Existing law requires the management
of a mobilehome park to include a copy of the Mobilehome Residency
Law in the rental agreement, and to provide all homeowners with a
copy of the Mobilehome Residency Law by February 1 of each year, if a
significant change was made in those provisions by legislation
enacted in the prior year.
This bill would require the rental agreement to include a notice
entitled "HOMEOWNERS' BILL OF RIGHTS" and would require the
management of a mobilehome park to provide a copy of that notice to
all homeowners prior to February 1 of each year. The bill would
require the notice to describe various rights applicable to
homeowners in mobilehome parks that are established by statute,
including, among other things, that a homeowner is required to
receive advance written notice before any rent increase.
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 to read:
798.15. 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 do one of the following prior to February
1 of each year, if a significant change was made in this chapter by
legislation enacted in the prior year:
(1) Provide all homeowners with a copy of this chapter.
(2) Provide written notice to all homeowners that there has been a
change to this chapter and that they may obtain one copy of this
chapter from management at no charge. Management must provide a copy
within a reasonable time, not to exceed seven days upon request.
(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.
(i) A copy of the following notice. Management shall also, prior
to February 1 of each year, provide a copy of the following notice to
all homeowners:
IMPORTANT NOTICE TO ALL MANUFACTURED
HOME/MOBILEHOME OWNERS: CALIFORNIA LAW REQUIRES
THAT YOU BE MADE AWARE OF THE FOLLOWING:
HOMEOWNERS' BILL OF RIGHTS
The ""Mobilehome Residency Law'' (MRL), found in
Section 798, et seq. of the Civil Code,
establishes the rights and responsibilities of
homeowners and park management. YOU may request a
complete copy of this law once per year from the
park manager or owner, or may purchase a copy
from the Senate Publications & Flags office in
Sacramento.
The MRL is deemed a part of the terms of any park
rental agreement or lease, and contains the
following provisions which guarantee YOU certain
rights and protections:
YOU must receive advance written notice
before any rent increase can be collected.
Management must provide a 90-day advance
1. notice of any rent increase, and the amount
of the increase may be limited by a local
ordinance, or by your lease or rental
agreement provisions. (Civil Code 798.30)
YOU have the right to choose different lease
terms. Management must offer any existing
2. homeowner a 12-month rental agreement, a
lesser term as the homeowner might request,
or a longer term as mutually agreed upon.
(Civil Code 798.18)
YOU have a right to know the park rules. YOU
are entitled to a copy of all park rules or
3. regulations. They must be attached to any
rental agreement when YOU sign it, and
cannot be amended without prior notice to
YOU. (Civil Code 798.15(b); 798.25)
YOU are only required to pay certain
authorized charges. YOU can only be billed
4. for rent, utilities, and incidental charges
for services actually rendered, and cannot
be charged a fee for a rental agreement of
12 months or less. (Civil Code 798.31)
YOU have the right to a return of your
Security Deposit. After 12 consecutive
5. months of timely payment of rent, or upon an
earlier sale of the mobilehome, the security
deposit must be refunded to YOU upon written
request. (Civil Code 798.39)
YOU have a right to freely communicate with
your neighbors. YOU are entitled to
peacefully assemble, petition or canvass,
and meet for any purposes related to
6. mobilehome or manufactured home living, and
can invite political candidates or resident
groups to speak at the park without being
required to pay a cleaning fee, or to obtain
liability insurance unless alcohol is
served. (Civil Code 798.50; 798.51)
YOU have the right to advertise and sell
your home without moving it. If your home
complies with certain listed standards, you
are entitled to sell it "" in place,'' after
certain allowable upgrades set forth in the
MRL are completed. Management cannot require
7. that you sell your home to them, cannot
charge you a transfer or selling fee and
cannot require you to use a broker or dealer
approved by them. YOU have the right to
advertise your home for sale, and management
can only deny approval of a buyer for
reasons listed in the MRL. (Civil Code
798.70-798.74)
YOU have the right to continue living in the
park. The park owner cannot terminate your
8. tenancy except for one of seven authorized
reasons set forth in the MRL. YOU are
entitled to unique protection from eviction.
(Civil Code 798.55-798.56)
YOU have a right to privacy. Management
cannot enter your mobilehome or accessory
9. structures (such as a storage shed) without
your prior written approval, except in an
emergency or if you abandon the home or
structure. (Civil Code 798.26)
YOU cannot waive the MRL provisions. No
rental or sales agreement may contain a
10. provision by which a purchaser or a
homeowner waives any MRL rights. (Civil Code
798.19; 798.77)