Bill Text: CA AB2150 | 2011-2012 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Mobilehome parks.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2012-09-23 - Chaptered by Secretary of State - Chapter 478, Statutes of 2012. [AB2150 Detail]
Download: California-2011-AB2150-Amended.html
Bill Title: Mobilehome parks.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2012-09-23 - Chaptered by Secretary of State - Chapter 478, Statutes of 2012. [AB2150 Detail]
Download: California-2011-AB2150-Amended.html
BILL NUMBER: AB 2150 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 15, 2012
INTRODUCED BY Assembly Member Atkins
FEBRUARY 23, 2012
An act to amend Section Sections 798.14
and 798.15 of the Civil Code, relating to mobilehomes.
LEGISLATIVE COUNSEL'S DIGEST
AB 2150, as amended, 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
specified 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. The bill would authorize all notices required to
be delivered to the homeowner prior to February 1 of each year under
the provisions above to be combined in one notice that contains all
the information required by these provisions.
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 798.14 of the Civil
Code is amended to read:
798.14. (a) Unless otherwise provided, all
notices required by this chapter shall be either delivered personally
to the homeowner or deposited in the United States mail, postage
prepaid, addressed to the homeowner at his or her site within the
mobilehome park.
(b) All notices required by this chapter 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.
SECTION 1. SEC. 2. 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
provided 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
for rent, utilities, and incidental charges
4. 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
7. require 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)
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 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:
Management must give a homeowner written
1. notice of any increase in his or her rent at
least 90 days before the date of the
increase. (Civil Code 798.30)
No rental or sales agreement may contain a
provision by which a purchaser or a
2. homeowner waives any of his or her rights
under the MRL. (Civil Code Sections 798.19,
798.77)
Management may not terminate or refuse to
renew a homeowner's tenancy except for one
3. or more of the authorized reasons set forth
in the MRL. (Civil Code Sections 798.55,
798.56)
A homeowner must give written notice to the
4. management of not less than 60 days before
vacating his or her tenancy. (Civil Code
Section 798.59)
Homeowners, residents, and their guests must
comply with the rental agreement or lease,
including the reasonable rules and
5. 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)
Homeowners must pay rent, utility charges,
and reasonable incidental service charges in
6. a timely manner. Failure to comply could be
grounds for eviction from the park. (Civil
Code Section 798.56)
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
7. 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)
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
8. 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)
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
9. 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)
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,
10. 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)
