AB 2026, as introduced, Stone. Mobilehome parks: sales.
Existing law authorizes the management of a mobilehome park, in the case of a sale or transfer of a mobilehome that is sold and that will remain in the park, to require repairs or improvements to the mobilehome, its appearances, or any accessory structure only if specified conditions are met, including that the repair or improvement based upon or required by a local ordinance or state statute or regulation relating to mobilehomes.
This bill would require a determination following an inspection by the appropriate enforcement agency that the repair or improvement is required by the local ordinance or state statute or regulation in order for the management to require the repair or improvement.
Existing law authorizes the management of a mobilehome park to require prior approval of a purchaser of a mobilehome that will remain in the park. Existing law also prohibits management from withholding approval if the purchaser has the ability to pay the rent and charges of the park, except as specified. Existing law authorizes management to require the purchaser to document the amount and source of his or her gross monthly income or other means of support but prohibits management from requiring personal income tax returns as evidence. Existing law permits the management or owner to be held liable for all damages if the approval of a prospective homeowner is withheld for any unauthorized reason.
This bill would delete the authorization to require documentation of financial support and would require the purchaser to be presumed to have the financial ability to pay the rent and charges of the park if he or she has been approved for a loan to purchase the mobilehome, that the purchaser intends to occupy. The bill would prohibit management from withholding approval on the basis that the prospective purchaser will not comply with the rules and regulations of the park. The bill would also prohibit management from withholding approval solely because the purchaser owns another mobilehome or real property residence and from requiring that the mobilehome being purchased be the sole residence of the purchaser. This bill would require the management, if a prospective homeowner is denied approval and if requested, to meet with the purchaser or homeowner at which time the management would be required to reconsider the denial based upon any additional information provided by the prospective homeowner. This bill would permit the management or owner to be held liable for damages to either the selling homeowner or the prospective homeowner if the approval is withheld for any unauthorized reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 798.73.5 of the Civil Code is amended
2to read:
(a) In the case of a sale or transfer of a mobilehome
4that will remain in the park, the management may only require
5repairs or improvements to the mobilehome, its appurtenances, or
6an accessory structure that meet all of the following conditions:
7(1) Except as provided by Section 798.83, the repair or
8improvement is to the mobilehome, its appurtenances, or an
9accessory structure that is not owned and installed by the
10management.
11(2) The repair or improvement is based upon or is required by
12a local ordinance or state statute or regulation relating to
13mobilehomes, or a rule or regulation of the mobilehome park that
14implements or enforces a local ordinance or a
state statute or
15regulation relating tobegin delete mobilehomes.end deletebegin insert
mobilehomes, as determined
P3 1following an inspection by the appropriate enforcement agency,
2as defined in Section 18207 of the Health and Safety Code.end insert
3(3) The repair or improvement relates to the exterior of the
4mobilehome, its appurtenances, or an accessory structure that is
5not owned and installed by the management.
6(b) The management, in the case of sale or transfer of a
7mobilehome that will remain in the park, shall provide a
8homeowner with a written summary of repairs or improvements
9that management requires to the mobilehome, its appurtenances,
10or an accessory structure that is not owned and installed by the
11management no later than 10 business days following the receipt
12of a request for this information, as part of the notice required by
13Section 798.59. This summary shall include specific references to
14park rules and regulations, local
ordinances, and state statutes and
15regulations relating to mobilehomes upon which the request for
16repair or improvement is based.
17(c) The provisions of this section enacted at the 1999-2000
18Regular Session of the Legislature are declarative of existing law
19as they pertain to allowing park management to enforce park rules
20and regulations; these provisions specifically limit repairs and
21improvements that can be required of a homeowner by park
22management at the time of sale or transfer to the same repairs and
23improvements that can be required during any other time of a
24residency.
Section 798.74 of the Civil Code is amended to read:
(a) The management may require the right of prior
27approval of a purchaser of a mobilehome that will remain in the
28park and that the selling homeowner or his or her agent give notice
29of the sale to the management before the close of the sale. Approval
30begin delete cannotend deletebegin insert shaend insertbegin insertlend insertbegin insertl notend insert be withheld if the purchaser has the financial
31ability to pay the rent and charges of the park unless the
32management
reasonably determines that, based on the purchaser’s
33prior tenancies, he or she will not comply with the rules and
34regulations of the park.begin delete In determining whether the purchaser has
35the financial ability to pay the rent and charges of the park, the
36management shall not require the purchaser to submit copies of
37any personal income tax returns in order to obtain approval for
38residency in the park. However,
management may require the
39purchaser to document the amount and source of his or her gross
40monthly income or means of financial support.end delete
P4 1(b) For purposes of determining the prior approval of a
2purchaser pursuant to this section, all of the following shall apply:
3(1) A purchaser shall be presumed to have the financial ability
4to pay the rent and charges of the park if the purchaser has been
5approved by a state or federally chartered financial institution for
6a loan to purchase the mobilehome that the purchaser intends to
7occupy and written documentation confirming this fact has been
8provided to management.
9(2) Management shall not withhold approval on the basis that
10the purchaser will not comply with the rules and regulations
of
11the park unless management provides the purchaser with
12documentary evidence that the purchaser has failed to comply with
13the rules and regulations during a previous tenancy within the
14three years preceding the purchaser’s application for tenancy.
15(c) Management shall not withhold approval solely because the
16purchaser owns another mobilehome or real property residence.
17Management shall not require that the mobilehome that is the
18subject of the purchase be the sole residence of the purchaser as
19a condition of granting approval.
20Upon
end delete
21begin insert(d)end insertbegin insert end insertbegin insertUponend insertrequest of any prospective homeowner who proposes
22to purchase a mobilehome that will remain in the park, management
23shallbegin delete informend deletebegin insert
provideend insert that personbegin insert with a listend insert of the information
24management will require in order to determine if the person will
25be acceptable as a homeowner in the park.
26Within
end delete
27begin insert(e)end insertbegin insert end insertbegin insertWithinend insertbegin insert end insert15 business days of receiving all of the information
28requested from the prospective homeowner, the management shall
29notify the seller and the
prospective homeowner, in writing, of
30either acceptance or rejection of the application, and thebegin insert specificend insert
31
reasonbegin insert
or reasons,end insert if rejected. During this 15-day period the
32prospective homeowner shall comply with the management’s
33request, if any, for a personal interview.begin insert If a prospective
34homeowner is denied approval, within five business days of
35receiving the denial, the selling homeowner and the prospective
36homeowner may end insertbegin insertrequest an in-person meeting with management.
37If requested, the meeting shall take place within 10 days, at which
38time the management shall reconsider its denial based upon any
39additional information provided by the prospective homeowner.end insert
40 If the approval of a prospective homeowner is withheld for any
P5 1reason other than those stated in this article, the management or
2owner may be held liable for all damagesbegin insert
to the selling homeowner
3and the prospective homeownerend insert proximately resulting therefrom.
4(b)
end delete
5begin insert(f)end insert If the management collects a fee or charge from a prospective
6purchaser of a mobilehome in order to obtain a financial report or
7credit rating, the full amount of the fee or charge shall be credited
8toward payment of the first month’s rent for that mobilehome
9purchaser. If, for whatever reason, the prospective purchaser is
10rejected by the management, the management shall refund to the
11prospective purchaser the full amount of that fee or charge within
1230 days from the date of rejection. If the prospective purchaser is
13approved by the
management, but, for whatever reason, the
14prospective purchaser elects not to purchase the mobilehome, the
15management may retain the fee, or a portion thereof, to defray its
16administrative costs under this section.
O
99