BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 2150|
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THIRD READING
Bill No: AB 2150
Author: Atkins (D)
Amended: 8/16/12 in Senate
Vote: 21
SENATE JUDICIARY COMMITTEE : 4-0, 6/26/12
AYES: Evans, Harman, Corbett, Leno
NO VOTE RECORDED: Blakeslee
ASSEMBLY FLOOR : 68-2, 5/21/12 - See last page for vote
SUBJECT : Mobilehome parks
SOURCE : Golden State Manufactured-Home Owners League
DIGEST : This bill requires every rental agreement in a
mobilehome park to include a statutory summary of the
rights and responsibilities of homeowners and park
management under the Mobilehome Residency Law (MRL). This
bill also requires park management to distribute the
statutory notice to all homeowners prior to February 1 of
each year.
Senate Floor Amendments of 8/16/12 clarify the proposed
statutory summary by striking duplicative language and
reorganizing the contents of the notice.
ANALYSIS : Existing law, the MRL, contains nine Articles
that extensively regulate the rights, responsibilities,
obligations, and relationships between mobilehome park
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owners/management and park residents. (Civil Code (CIV)
Section 798 et seq.)
Existing law requires the rental agreement to be in writing
and contain, in addition to the provisions required by law
to be included, all of the following:
1. The term of the tenancy and rent therefore;
2. The rules and regulations of the park;
3. A copy of the text of the MRL;
4. A provision specifying that it is the responsibility of
management to provide and maintain physical improvements
in common facilities, and, with respect to a sudden or
unforeseeable breakdown, the management shall have a
reasonable period of time to repair the breakdown;
5. A description of the physical improvements to be
provided to the homeowner during his/her tenancy;
6. 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
7. A provision stating that management may charge a
reasonable fee for services relating to maintenance, as
specified. (CIV Section 798.15)
This bill requires management to 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 shall provide a copy within a reasonable
time, not to exceed seven days, upon request.
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This bill additionally requires the rental agreement to
contain a copy of the following statutory notice, which
management shall also, prior to February 1 of each year,
provide a copy 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 the terms of any park rental
agreement or lease.
This notice is intended to provide recipients with a
general awareness of selected parts of the Mobilehome
Residency Law (Civil Code Section 798, et seq.). This
notice is intended to acquaint recipients with the law,
and does not serve as a legal explanation or
interpretation. For authoritative information, the
recipient must read and understand the laws. These laws
change from time to time. In any year in which the law
has changed, you may obtain one copy of the full text of
the law from management at no charge. This notice is
required by Civil Code Section 798.15(i) and the
information provided may not be current.
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
homeowner's tenancy except for one or more of the
authorized reasons set forth in the MRL. (Civil Code
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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
a homeowner of the park is hosting the meeting and
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
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Sections 798.70-798.74)
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)
This bill further provides that all notices required by the
MRL 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 8/16/12)
Golden State Manufactured-Home Owners League (source)
California Rural Legal Assistance Foundation
Western Center on Law and Poverty
ARGUMENTS IN SUPPORT : According to the author, "The
�Mobilehome Residency Law (MRL)] is a lengthy and complex
document, and not all homeowners are likely to familiarize
themselves with it, until they have a specific question.
This bill would provide these homeowners with more
meaningful and practical information about their rights,
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and the content of the MRL, while retaining their right to
obtain a full copy of the MRL upon request."
The Western Center on Law and Poverty, in support, asserts
that by requiring a plain-language summary this bill
represents an improvement over existing law, and that, "The
MRL itself represents a unique area of the law, where the
'bundle of property rights' is apportioned between the park
and residents in unique ways. Both residents and some
managers might be surprised to learn that some of the MRL's
provisions do not comport with their understanding of the
law. Your bill provides an additional benefit, since now
in most cases the MRL is only delivered to a resident upon
request. A party mistaken in their understanding of the
law might now think a copy of the MRL is needed. Your bill
solves the whole issue by requiring the notice to be
delivered once per year."
ASSEMBLY FLOOR : 68-2, 5/21/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Eng, Feuer, Fong, Fuentes, Furutani, Galgiani, Garrick,
Gatto, Gordon, Grove, Hagman, Hall, Hayashi, Hill, Huber,
Hueso, Huffman, Jeffries, Jones, Lara, Logue, Bonnie
Lowenthal, Mendoza, Miller, Mitchell, Monning, Morrell,
Nestande, Nielsen, Norby, Olsen, Pan, V. Manuel P�rez,
Portantino, Silva, Skinner, Smyth, Solorio, Swanson,
Torres, Valadao, Wieckowski, Williams, Yamada, John A.
P�rez
NOES: Donnelly, Knight
NO VOTE RECORDED: Fletcher, Beth Gaines, Gorell,
Halderman, Harkey, Roger Hern�ndez, Ma, Mansoor, Perea,
Wagner
RJG:k 8/17/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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