CHAPTER 2.5. Mobilehome Residency Law [798. - 799.13.]

Chapter 2.5 added by Stats. 1978, Ch. 1031.

§§ 798–799.13 · 109 sections

ARTICLE 1. General §§ 798–798.14 · 14 sections
- § 798 This chapter shall be known and may be cited as the “Mobilehome Residency Law.”
- § 798.1 Unless the provisions or context otherwise requires, the following definitions shall govern the construction of this chapter.
- § 798.2 “Management” means the owner of a mobilehome park or an agent or representative authorized to act on his behalf in connection with matters relating to a…
- § 798.3 (a) “Mobilehome” is a structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the Vehicle…
- § 798.4 “Mobilehome park” is an area of land where two or more mobilehome sites are rented, or held out for rent, to accommodate mobilehomes used for human habitation.
- § 798.6 “Park” is a manufactured housing community as defined in Section 18210.7 of the Health and Safety Code, or a mobilehome park.
- § 798.7 (a) “New construction” means any newly constructed spaces initially held out for rent after January 1, 1990. A mobilehome park space shall be considered…
- § 798.8 “Rental agreement” is an agreement between the management and the homeowner establishing the terms and conditions of a park tenancy. A lease is a rental…
- § 798.9 “Homeowner” is a person who has a tenancy in a mobilehome park under a rental agreement.
- § 798.10 “Change of use” means a use of the park for a purpose other than the rental, or the holding out for rent, of two or more mobilehome sites to accommodate…
- § 798.11 “Resident” is a homeowner or other person who lawfully occupies a mobilehome.
- § 798.12 “Tenancy” is the right of a homeowner to the use of a site within a mobilehome park on which to locate, maintain, and occupy a mobilehome, site improvements,…
- § 798.13 (a) This chapter does not apply to any area owned, operated, or maintained by the state for the purpose of providing employee housing or space for a mobilehome…
- § 798.14 (a) For the purposes of this section, “affirmative, written consent” means express written consent obtained separately from, and not contained in, any lease or…
ARTICLE 2. Rental Agreement §§ 798.15–798.22 · 8 sections
- § 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)…
- § 798.16 (a) The rental agreement may include other provisions permitted by law, but need not include specific language contained in state or local laws not a part of…
- § 798.18 (a) A homeowner shall be offered a rental agreement for (1) a term of 12 months, or (2) a lesser period as the homeowner may request, or (3) a longer period as…
- § 798.19 No rental agreement for a mobilehome shall contain a provision by which the homeowner waives his or her rights under the provisions of Articles 1 to 8,…
- § 798.19.5 A rental agreement entered into or renewed on and after January 1, 2006, shall not include a clause, rule, regulation, or any other provision that grants to…
- § 798.20 (a) Membership in any private club or organization that is a condition for tenancy in a park shall not be denied on any basis listed in subdivision (a) or (d)…
- § 798.21 (a) Notwithstanding Section 798.17, if a mobilehome space within a mobilehome park is not the principal residence of the homeowner and the homeowner has not…
- § 798.22 (a) In any new mobilehome park that is developed after January 1, 1982, mobilehome spaces shall not be rented for the accommodation of recreational vehicles as…
ARTICLE 3. Rules and Regulations §§ 798.23–798.29.6 · 11 sections
- § 798.23 (a) Management shall be subject to, and comply with, all park rules and regulations to the same extent as residents and their guests. (b) Subdivision (a) of…
- § 798.23.5 (a) (1) Management shall permit a homeowner to rent his or her home that serves as the homeowner’s primary residence or sublet his or her space, under the…
- § 798.24 Each common area facility shall be open or available to residents at all reasonable hours and the hours of the common area facility shall be posted at the…
- § 798.25 (a) Except as provided in subdivision (d), when the management proposes an amendment to the park’s rules and regulations, the management shall meet and consult…
- § 798.25.5 Any rule or regulation of a mobilehome park that (a) is unilaterally adopted by the management, (b) is implemented without the consent of the homeowners, and…
- § 798.26 (a) Except as provided in subdivision (b), the ownership or management of a park shall have no right of entry to a mobilehome or enclosed accessory structure…
- § 798.27 (a) The management shall give written notice to all homeowners and prospective homeowners concerning the following matters: (1) the nature of the zoning or use…
- § 798.28 The management of a mobilehome park shall disclose, in writing, within 10 business days, the name, business address, and business telephone number of the…
- § 798.28.5 (a) Except as otherwise provided in this section, the management may cause the removal, pursuant to Section 22658 of the Vehicle Code, of a vehicle other than…
- § 798.29 The management shall post a Mobilehome Assistance Center sign provided by the Department of Housing and Community Development, as required by Section 18253.5…
- § 798.29.6 The management shall not prohibit a homeowner or resident from installing accommodations for the disabled on the home or the site, lot, or space on which the…
ARTICLE 3.5. Fees and Charges §§ 798.30–798.39.5 · 13 sections
- § 798.30 The management shall give a homeowner written notice of any increase in his or her rent at least 90 days before the date of the increase.
- § 798.30.5 (a) (1) Subject to subdivision (b), management shall not, over the course of any 12-month period, increase the gross rental rate for a tenancy in a qualified…
- § 798.31 A homeowner shall not be charged a fee for other than rent, utilities, and incidental reasonable charges for services actually rendered. A homeowner shall not…
- § 798.32 (a) A homeowner shall not be charged a fee for services actually rendered which are not listed in the rental agreement unless he or she has been given written…
- § 798.33 (a) No lease agreement entered into, modified, or renewed on or after January 1, 2001, shall prohibit a homeowner from keeping at least one pet within the…
- § 798.34 (a) A homeowner shall not be charged a fee for a guest who does not stay with the homeowner for more than a total of 20 consecutive days or a total of 30 days…
- § 798.35 A homeowner shall not be charged a fee based on the number of members in his or her immediate family. As used in this section, the “immediate family” shall be…
- § 798.36 (a) A homeowner shall not be charged a fee for the enforcement of any of the rules and regulations of the park, except a reasonable fee may be charged by…
- § 798.37 A homeowner may not be charged a fee for the entry, installation, hookup, or landscaping as a condition of tenancy except for an actual fee or cost imposed by…
- § 798.37.5 (a) With respect to trees on rental spaces in a mobilehome park, park management shall be solely responsible for the trimming, pruning, or removal of any tree,…
- § 798.38 The management shall not acquire a lien or security interest, other than an interest arising by reason of process issued to enforce a judgment of any court, in…
- § 798.39 (a) The management may only demand a security deposit on or before initial occupancy and the security deposit may not be in an amount or value in excess of an…
- § 798.39.5 (a) (1) The management shall not charge or impose upon a homeowner any fee or increase in rent which reflects the cost to the management of any fine,…
ARTICLE 4. Utilities §§ 798.40–798.44.2 · 8 sections
- § 798.40 (a) Where management provides both master-meter and submeter service of utilities to a homeowner, for each billing period the cost of the charges for the…
- § 798.41 (a) Where a rental agreement, including a rental agreement specified in Section 798.17, does not specifically provide otherwise, the park management may elect…
- § 798.42 (a) The management shall provide all affected homeowners and residents at least 72 hours’ written advance notice of an interruption in utility service of more…
- § 798.43 (a) Except as provided in subdivision (b), whenever a homeowner is responsible for payment of gas, water, or electric utility service, management shall…
- § 798.43.1 (a) The management of a master-meter park shall give written notice to homeowners and residents on or before February 1 of each year in their utility billing…
- § 798.44 (a) The management of a park that does not permit mobilehome owners or park residents to purchase liquefied petroleum gas for use in the mobilehome park from…
- § 798.44.1 (a) Any covenant, restriction, or condition contained in any rental agreement or other instrument affecting the tenancy of a homeowner or resident in a…
- § 798.44.2 (a) Any covenant, restriction, or condition contained in any rental agreement or other instrument affecting the tenancy of a homeowner or resident in a…
ARTICLE 4.5. Rent Control §§ 798.45–798.49 · 2 sections
- § 798.45 (a) Notwithstanding Section 798.17, “new construction,” as defined in subdivision (a) of Section 798.7, shall be exempt from any ordinance, rule, regulation,…
- § 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,…
ARTICLE 5. Homeowner Communications and Meetings §§ 798.50–798.52 · 3 sections
- § 798.50 It is the intent of the Legislature in enacting this article to ensure that homeowners and residents of mobilehome parks have the right to peacefully assemble…
- § 798.51 (a) No provision contained in any mobilehome park rental agreement, rule, or regulation shall deny or prohibit the right of any homeowner or resident in the…
- § 798.52 Any homeowner or resident who is prevented by management from exercising the rights provided for in Section 798.51 may bring an action in a court of law to…
ARTICLE 5.5. Homeowners Meetings with Management § 798.53 · 1 section
- § 798.53 (a) (1) The management shall meet and consult with the homeowners, upon written request, within 30 days of the request, either individually, collectively, or…
ARTICLE 6. Termination of Tenancy §§ 798.55–798.64 · 10 sections
- § 798.55 (a) The Legislature finds and declares that, because of the high cost of moving mobilehomes, the potential for damage resulting therefrom, the requirements…
- § 798.56 (a) A tenancy shall be terminated by the management only for one or more of the following reasons: (1) Failure of the homeowner or resident to comply with a…
- § 798.56a (a) Within 60 days after receipt of, or no later than 65 days after the mailing of, the notice of termination of tenancy pursuant to any reason provided in…
- § 798.57 The management shall set forth in a notice of termination, the reason relied upon for the termination with specific facts to permit determination of the date,…
- § 798.58 Tenancy may only be terminated for reasons contained in Section 798.56, and a tenancy may not be terminated for the purpose of making a homeowner’s site…
- § 798.59 A homeowner shall give written notice to the management of not less than 60 days before vacating his or her tenancy.
- § 798.60 The provisions of this article shall not affect any rights or proceedings set forth in Chapter 4 (commencing with Section 1159) of Title 3 of Part 3 of the…
- § 798.61 (a) (1) As used in this section, “abandoned mobilehome” means a mobilehome about which all of the following are true: (A) It is located in a mobilehome park on…
- § 798.62 (a) If a mobilehome park is destroyed as a result of a wildfire or other natural disaster, and management elects to rebuild the park at the same location,…
- § 798.64 (a) (1) When a mobilehome tenancy is terminated due to damage or the destruction of the mobilehome park or any space as a result of a disaster, management…
ARTICLE 7. Transfer of Mobilehome or Mobilehome Park §§ 798.70–798.83 · 18 sections
- § 798.70 (a) A homeowner, an heir, joint tenant, or personal representative of the estate who gains ownership of a mobilehome in the mobilehome park through the death…
- § 798.71 (a) (1) The management may not show or list for sale a manufactured home or mobilehome without first obtaining the owner’s written authorization. The…
- § 798.72 (a) The management shall not charge a homeowner, an heir, joint tenant, or personal representative of the estate who gains ownership of a mobilehome in the…
- § 798.73 The management shall not require the removal of a mobilehome from the park in the event of the sale of the mobilehome to a third party during the term of the…
- § 798.73.5 (a) In the case of a sale or transfer of a mobilehome that will remain in the park, the management may only require repairs or improvements to the mobilehome,…
- § 798.74 (a) The management may require the right of prior approval of a prospective purchaser of a mobilehome that will remain in the park. (b) (1) A selling homeowner…
- § 798.74.4 (a) The transfer or sale of a manufactured home or mobilehome in a mobilehome park is subject to the transfer disclosure requirements and provisions set forth…
- § 798.74.5 (a) Within two business days of receiving a request from a prospective homeowner for an application for residency for a specific space within a mobilehome…
- § 798.75 (a) An escrow, sale, or transfer agreement involving a mobilehome located in a park at the time of the sale, where the mobilehome is to remain in the park,…
- § 798.75.5 (a) The management shall provide a prospective homeowner with a completed written disclosure form concerning the park described in subdivision (b) at least…
- § 798.76 The management may require that a prospective purchaser comply with any rule or regulation limiting residency based on age requirements for housing for older…
- § 798.77 No rental or sale agreement shall contain a provision by which the purchaser or homeowner waives his or her rights under this chapter. Any such waiver shall be…
- § 798.78 (a) An heir, joint tenant, or personal representative of the estate who gains ownership of a mobilehome in the mobilehome park through the death of the owner…
- § 798.79 (a) Any legal owner or junior lienholder who forecloses on his or her security interest in a mobilehome located in a mobilehome park shall have the right to…
- § 798.80 (a) Not less than 30 days nor more than one year prior to an owner of a mobilehome park entering into a written listing agreement with a licensed real estate…
- § 798.81 The management (1) shall not prohibit the listing or sale of a used mobilehome within the park by the homeowner, an heir, joint tenant, or personal…
- § 798.82 The management, at the time of an application for residency, shall disclose in writing to any person who proposes to purchase or install a manufactured home or…
- § 798.83 In the case of a sale or transfer of a mobilehome that will remain in the park, the management of the park shall not require repairs or improvements to the…
ARTICLE 8. Actions, Proceedings, and Penalties §§ 798.84–798.88 · 5 sections
- § 798.84 (a) No action based upon the management’s alleged failure to maintain the physical improvements in the common facilities in good working order or condition or…
- § 798.85 In any action arising out of the provisions of this chapter the prevailing party shall be entitled to reasonable attorney’s fees and costs. A party shall be…
- § 798.86 (a) If a homeowner or former homeowner of a park is the prevailing party in a civil action, including a small claims court action, against the management to…
- § 798.87 (a) The substantial failure of the management to provide and maintain physical improvements in the common facilities in good working order and condition shall…
- § 798.88 (a) In addition to any right under Article 6 (commencing with Section 798.55) to terminate the tenancy of a homeowner, any person in violation of a reasonable…
ARTICLE 9. Subdivisions, Cooperatives, and Condominiums §§ 799–799.13 · 16 sections
- § 799 As used in this article: (a) “Ownership or management” means the ownership or management of a subdivision, cooperative, or condominium for mobilehomes, or of a…
- § 799.1 (a) Except as provided in subdivision (b), this article shall govern the rights of a resident who has an ownership interest in the subdivision, cooperative, or…
- § 799.1.5 A homeowner or resident, or an heir, joint tenant, or personal representative of the estate who gains ownership of a mobilehome through the death of the…
- § 799.2 The ownership or management shall not show or list for sale a mobilehome owned by a resident without first obtaining the resident’s written authorization. The…
- § 799.2.5 (a) Except as provided in subdivision (b), the ownership or management shall have no right of entry to a mobilehome without the prior written consent of the…
- § 799.3 The ownership or management shall not require the removal of a mobilehome from a subdivision, cooperative, or condominium for mobilehomes, or resident-owned…
- § 799.4 The ownership or management may require the right to prior approval of the purchaser of a mobilehome that will remain in the subdivision, cooperative, or…
- § 799.5 The ownership or management may require that a purchaser of a mobilehome that will remain in the subdivision, cooperative, or condominium for mobilehomes, or…
- § 799.6 No agreement shall contain any provision by which the purchaser waives his or her rights under the provisions of this article. Any such waiver shall be deemed…
- § 799.7 The ownership or management shall provide, by posting notice on the mobilehomes of all affected homeowners and residents, at least 72 hours’ written advance…
- § 799.8 The management, at the time of an application for residency, shall disclose in writing to any person who proposes to purchase or install a manufactured home or…
- § 799.9 (a) A homeowner may share his or her mobilehome with any person 18 years of age or older if that person is providing live-in health care, live-in supportive…
- § 799.10 A resident may not be prohibited from displaying a political campaign sign relating to a candidate for election to public office or to the initiative,…
- § 799.11 The ownership or management shall not prohibit a homeowner or resident from installing accommodations for the disabled on the home or the site, lot, or space…
- § 799.12 (a) Any covenant, restriction, or condition contained in any rental agreement or other instrument affecting the tenancy of a homeowner or resident in a…
- § 799.13 (a) Any covenant, restriction, or condition contained in any rental agreement or other instrument affecting the tenancy of a homeowner or resident in a…