BILL ANALYSIS �
AB 2150
Page 1
Date of Hearing: May 9, 2012
ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT
Norma Torres, Chair
AB 2150 (Atkins) - As Introduced: February 23, 2012
AS PROPOSED TO BE AMENDED MAY 9, 2012
SUBJECT : Mobilehome parks.
SUMMARY : Creates a new notice that the management in a
mobilehome park must provide to all homeowners on an annual
basis. Specifically, this bill :
1)Requires the management in a mobilhome park to include a copy
of the following notice with any rental agreement and, prior
to Feburary 1 of each year, provide a copy of the notice to
all homeowners:
IMPORTANT NOTICE TO ALL MANUFACTURED HOME/MOBILEHOME
OWNERS: CALIFORNIA LAW REQUIRES THAT YOU BE MADE AWARE OF
THE FOLLOWING:
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. The MRL
is deemed a part of terms of any park rental agreement or
lease. This law is subject to change. You may request a
current copy of the complete text of this law once per year
from the park management.
Homeowners and park management have certain rights and
responsibilities under the MRL. These include, but are not
limited to:
1) Management must give a homeowner written notice of
any increase in his or her rent at least 90 days before
the date of the increase. �Civil Code 798.30]
2) No rental or sales agreement may contain a provision
by which a purchaser or a homeowner waives any of his or
her rights under the MRL . �Civil Code Sections 798.19,
798.77]
3) Management may not terminate or refuse to renew a
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homeowner's tenancy except for one or more of the
authorized reasons set forth in the MRL. �Civil Code
Sections 798.55, 798.56]
4) A homeowner must give written notice to the
management of not less than 60 days before vacating his
or her tenancy. �Civil Code Section 798.59]
5) Homeowners, residents, and their guests must comply
with the rental agreement or lease, including the
reasonable rules and regulations of the park and all
applicable local ordinances and state laws and
regulations relating to mobilehomes. Failure to comply
could be grounds for eviction from the park. �Civil Code
Section 798.56]
6) Homeowners must pay rent, utility charges, and
reasonable incidental service charges in a timely manner.
Failure to comply could be grounds for eviction from the
park. �Civil Code Section 798.56]
7) Homeowners have a right to peacefully assemble and
freely communicate with respect to mobilehome living and
for social or educational purposes. Homeowners have a
right to meet in the park, at reasonable hours and in a
reasonable manner, for any lawful purpose. Homeowners may
not be charged a cleaning deposit in order to use the
park clubhouse for meetings of resident organizations or
for other lawful purposes, such as to hear from political
candidates, so long as all park residents are allowed to
attend. Homeowners may not be required to obtain
liability insurance in order to use common facilities
unless alcohol is served. (Civil Code Sections 798.50,
798.51).
8) If a home complies with certain standards, the
homeowner is entitled to sell it in place in the park.
Management may require certain upgrades. Management may
not require a homeowner to sell his or her home to the
park, may not charge a transfer or selling fee, and may
not require a homeowner to use a broker or dealer
approved by the park. A homeowner has a right to
advertise his or her home for sale. Management may deny
approval of a buyer, but only for certain reasons listed
in the law. �Civil Code Sections 798.70-798.74].
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9) Management has the right to enter the space upon
which a mobilehome is situated for maintenance of
utilities, trees, and driveways; for inspection and
maintenance of the space in accordance with the rules and
regulations of the park when the homeowner or resident
fails to maintain the space; and for protection and
maintenance of the mobilehome park at any reasonable
time, but not in a manner or at a time that would
interfere with the resident's quiet enjoyment of his or
her home. �Civil Code Section 798.26]
10) A homeowner may not make any improvements or
alterations to his or her space or home without following
the rules and regulations of the park and all applicable
local ordinances and state laws and regulations, which
may include obtaining a permit to construct, and, if
required by park rules or the rental agreement, without
prior written approval of management. Failure to comply
could be grounds for eviction from the park. �Civil Code
Section 798.56]
2)Provides that all notices required under the Mobilehome
Residency Law (Civil Code Section 798, et seq) to be delivered
prior to February 1 of each year may be combined in one notice
that contains all the information required by the sections
under which the notices are given.
EXISTING LAW
1)Regulates, pursuant to the Mobilehome Residency Law (MRL), the
rights, responsibilities, obligations, and relationships
between mobilehome park management and park residents (Civil
Code Section 789, et seq.).
2)Requires a copy of the text of the MRL to be attached as an
exhibit and incorporated into a mobilehome park rental
agreement by reference (Civil Code Section 798.15).
3)Requires management to do one of the following prior to
February 1 of each year, if a significant change was made in
the MRL by legislation enacted in the prior year:
a) Provide all homeowners with a copy of this chapter; or
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b) 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.
4)Requires the management of a master-metered park to 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 (Civil Code Section 798.43.1).
FISCAL EFFECT : None
COMMENTS :
The Mobilehome Residency Law (MRL) is California's
landlord-tenant law for mobilehome parks. When a homeowner
signs a rental agreement in a mobilehome park, a copy of the
text of the MRL must be attached as an exhibit. Anytime the MRL
is significantly changed, park management must, by February 1,
either provide a new copy of the MRL to every homeowner or
provide every homeowner with a notice that the law has been
changed and that they can obtain a copy from management at no
charge.
AB 2150 creates a new notice that would have to be included with
any new rental agreement in a mobilehome park and be provided to
all homeowners prior to February 1 of each year. The new notice
provides a summary of homeowners' key rights and
responsibilities under the MRL. The bill would delete the
existing requirement that management notify homeowners when the
MRL has been changed and instead include language in the new
notice stating that the MRL is subject to change and that
homeowners can request a copy of the law once per year from
management.
Current law requires the management in master-metered parks to
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. AB 2150 would allow park management to combine the new
notice with the CARE notice.
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Arguments in Support
The sponsor of the bill, the Golden State Manufactured-Home
Owners League (GSMOL), states that AB 2150 will help ensure that
low- and moderate-income owners and potential purchasers of
manufactured housing have a clear statement of important rights
and duties that affect their residency in a manufactured housing
community. According to GSMOL, the notice proposed in this
legislation is a simple but important consumer tool that will be
extremely beneficial to homeowners, who may not otherwise be
aware of their rights.
Arguments in Opposition
The Western Manufactured Housing Communities Association (WMA),
which has an "oppose unless amended" position on AB 2150, argues
that the bill would create another requirement for a notice that
is more of an informational summary of residents' rights than a
legal notice of their actual rights under the MRL. WMA has
concerns that there is no demonstrated need for the bill and
that the bill contradicts changes made just two years ago in the
same statute.
REGISTERED SUPPORT / OPPOSITION :
Support
Golden State Manufactured-Home Owner's League (sponsor)
California Rural Legal Assistance Foundation
Western Center on Law and Poverty
Opposition
Western Manufactured Housing Communities Association (unless
amended)
Analysis Prepared by : Anya Lawler / H. & C.D. / (916)
319-2085