BILL NUMBER: SB 1173	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 26, 2012

INTRODUCED BY   Senator Wyland

                        FEBRUARY 22, 2012

   An act to amend Section  798.29   798.49
 of the Civil Code, relating to mobilehomes.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1173, as amended, Wyland. Mobilehomes:  ombudsman sign.
  rent control: government charges. 
   The Mobilehome Residency Law governs tenancies in mobilehome
parks, and imposes various duties on the owners of mobilehome parks
and the agents and representatives authorized to act on behalf of the
owners.  Existing law requires the management to post a
mobilehome ombudsman sign, as specified.   Existing law
requires a local agency of any city that administers an ordinance,
rule, regulation, or initiative measure for rent control purposes to
permit the management of a mobilehome park to separately charge a
homeowner for certain fees imposed by specified public entities on
the space rented by the homeowner, except as provided.  

   This bill would make a technical, nonsubstantive change to these
provisions.  
   This bill would additionally require a local agency described
above to permit the management to separately charge a homeowner for a
pro rata amount, as specified, of certain fees, assessments, or
other charges imposed by governmental entities, on or after January
1, 2013, and any future increases of those fees, assessments, or
other charges. The bill would provide that nothing in these
provisions requires the management to refund, reduce, or otherwise
change any fees or charges billed to a homeowner as of December 31,
2012. 
   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 798.49 of the   Civil
Code   is amended to read: 
   798.49.  (a) Except as provided in subdivision (d), the local
agency of any city, including a charter city, county, or city and
county, which administers an ordinance, rule, regulation, or
initiative measure that establishes a maximum amount that management
may charge a tenant for rent shall permit the management to
separately charge a homeowner for any of the following:
   (1) The amount of any fee, assessment or other charge first
imposed by a city, including a charter city, a county, a city and
county, the state, or the federal government on or after January 1,
1995, upon the space rented by the homeowner.
   (2) The amount of any increase on or after January 1, 1995, in an
existing fee, assessment or other charge imposed by any governmental
entity upon the space rented by the homeowner.
   (3) The amount of any fee, assessment or other charge upon the
space first imposed or increased on or after January 1, 1993,
pursuant to any state or locally mandated program relating to housing
contained in the Health and Safety Code. 
   (4) The pro rata amount, based on the total number of spaces in
the park, of any fee, assessment, or other charge first imposed by a
city, including a charter city, a county, a city and county, the
state, the federal government, or by voter approval on or after
January 1, 2013, on any parcel upon which the mobilehome park is
located, and any increase in that fee, assessment, or charge. 

   (5) The pro rata amount, based on the total number of spaces in
the park, of any fee, assessment, or other charge first imposed
pursuant to any state or locally mandated program relating to housing
contained in the Health and Safety Code on or after January 1, 2013,
on any parcel upon which the mobilehome park is located, and any
increase in that fee, assessment, or charge. 
   (b) If management has charged the homeowner for a fee, assessment,
or other charge specified in subdivision (a) that was increased or
first imposed on or after January 1, 1993, and the fee, assessment,
or other charge is decreased or eliminated thereafter, the charge to
the homeowner shall be decreased or eliminated accordingly.
   (c) The amount of the fee, assessment or other charges authorized
by subdivision (a) shall be separately stated on any billing to the
homeowner. Any change in the amount of the fee, assessment, or other
charges that are separately billed pursuant to subdivision (a) shall
be considered when determining any rental adjustment under the local
ordinance.
   (d) This section shall not apply to any of the following:
   (1) Those fees, assessments, or charges imposed pursuant to the
Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of
Division 13 of the Health and Safety Code), unless specifically
authorized by Section 18502 of the Health and Safety Code.
   (2) Those costs that are imposed on management by a court pursuant
to Section 798.42.
   (3) Any fee or other exaction imposed upon management for the
specific purpose of defraying the cost of administration of any
ordinance, rule, regulation, or initiative measure that establishes a
maximum amount that management may charge a tenant for rent.
   (4) Any tax imposed upon the property by a city, including a
charter city, county, or city and county.
   (e) Those fees and charges specified in subdivision (a) shall be
separately stated on any monthly or other periodic billing to the
homeowner. If the fee or charge has a limited duration or is
amortized for a specified period, the expiration date shall be stated
on the initial notice and each subsequent billing to the homeowner
while the fee or charge is billed to the homeowner. 
   (f) Nothing in this section shall require management to refund,
reduce, or otherwise change any fee or charge billed by management to
a homeowner as of December 31, 2012.  
  SECTION 1.    Section 798.29 of the Civil Code is
amended to read:
   798.29.  The management shall post a mobilehome ombudsman sign
provided by the Department of Housing and Community Development,
pursuant to Section 18253.5 of the Health and Safety Code.