The Mobilehome Residency Law governs residency in mobilehome parks and requires the management of a mobilehome park to disclose the name, business address, and business telephone number of the park owner upon a homeowners request.

This bill would require the disclosure to be made within 10 business days upon the receipt of a written request of a homeowner.

The Mobilehome Residency Law governs residency in mobilehome parks and requires the management of a mobilehome park to disclose the name, business address, and business telephone number of the park owner upon a homeowners request.

This bill would require the disclosure to be made within 10 business days upon the receipt of a written request of a homeowner.

The Mobilehome Residency Law governs residency in mobilehome parks and requires the management of a mobilehome park to disclose the name, business address, and business telephone number of the park owner upon a homeowners request.

This bill would require the disclosure to be made within 10 business days. days upon the receipt of a written request of a homeowner.

The Mobilehome Residency Law governs residency in mobilehome parks and requires the management of a mobilehome park to disclose the name, business address, and business telephone number of the park owner upon a homeowners request.

This bill would require the disclosure to be made within 10 business days.

 CONSENT  

Bill No: AB 294

Author:

:

Vote:

SENATE JUDICIARY COMMITTEE: 6-0, 6/6/17

AYES: Jackson, Moorlach, Anderson, Hertzberg, Monning, Wieckowski

NO VOTE RECORDED: Stern

ASSEMBLY FLOOR: 76-0, 4/20/17 - See last page for vote

SUBJECT:

SOURCE: South Bay Mobilehome Residents’ Alliance

DIGEST:

This bill adds a deadline to the existing requirement that the management of a mobilehome park must disclose the name, business address, and business telephone number of the park owner upon request from a mobilehome owner. Specifically, this bill mandates park management to provide the required information within 10 business days of receiving a written request for it.

ANALYSIS:

Existing law:

1. Regulates, pursuant to the Mobilehome Residency Law (MRL), the rights, responsibilities, obligations, and relationships between mobilehome park management and park residents. (Civ. Code Sec. 789, et seq.)
2. Requires mobilehome park managers to disclose the name, business address, and business telephone number of the park owner upon homeowner request. (Civ. Code Sec. 789.28.)

This bill specifies that mobilehome park managers must disclose the name, business address, and business telephone number of the park owner upon homeowner request within 10 business days of receiving a written request for this information from a mobilehome owner.

Background

When mobilehome park residents are dissatisfied with park management, their ultimate recourse is to register their complaints with and, if necessary, pursue legal action, against the mobilehome park owner. Of course, if mobilehome park residents do not know who the mobilehome park owner is, or how to contact the owner, this recourse is effectively precluded. Existing law, in the form of Civil Code Section 798.28, attempts to address this problem by requiring mobilehome park managers to disclose the name, business address, and business telephone number of the park owner upon the request of a mobilehome owner. However, no timeline for the disclosure is specified. In theory, therefore, unscrupulous park managers, or mobilehome park owners seeking to shirk their responsibilities, could drag their feet endlessly before turning over the required information.

This bill requires mobilehome park managers to disclose the name and contact information for the park owner within 10 days. The 10 day period would start when the park management receives a written request for the information from a mobilehome owner.

Comments

Necessity of 10 business days to produce contact information. Producing the name, business address, and business telephone number of the mobilehome park owner is not an onerous task. Giving park managers 10 business days to furnish this information is generous; arguably excessively so. In some instances, park managers are not on-site, but since the 10 day period only begins when managers receive a written request for the owner’s contact information, there is no delivery delay to be accounted for, at least on the front end, and any delivery delay on the back end is entirely within the management’s control, since it can choose whether to deliver the requested information in person, by overnight delivery, by priority mail, or whatever means is necessary to meet the deadline.

Related/Prior Legislation

AB 577 (Allen, Chapter 62, Statutes of 1991) required the management of a mobilehome park to disclose, in writing, the business address and business telephone number, in addition to the name, of the mobilehome park owner upon the request of a homeowner.

AB 1977 (Wray, Chapter 505, Statutes of 1981) added Section 798.28 to the Civil Code requiring mobilehome park managers to disclose the name of the mobilehome park owner upon request from a park tenant.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 6/6/17)

South Bay Mobilehome Residents’ Alliance (source)

Golden State Manufactured Home Owners League

57 individuals

OPPOSITION: (Verified 6/6/17)

None received

ARGUMENTS IN SUPPORT: According to the author:

AB 294 seeks to improve the mobilehome community by ensuring mobilehome owners are treated fairly when requesting proper contact information of the mobilehome park owners in a timely manner from mobilehome park management.

In support, the Golden State Manufactured Home Owners League writes:

Residents have a right to know who owns the park they live in, particularly when residents are legally responsible for what occurs in the park.

After residents have made numerous requests for park management to disclose the contact information of their park owner without success, this bill is warranted.

Contact information for the park owners does not need research. It is knowable information that is immediately available. But, if circumstances require certified mail, then the bill allows for the disclosure to be made within 10 business days, which is more than reasonable.

ASSEMBLY FLOOR: 76-0, 4/20/17

AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Bonta, Burke, Caballero, Calderon, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dababneh, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mayes, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Brough, Mathis, McCarty, Ridley-Thomas

Prepared by:

6/7/17 13:39:08

**** END ****

SENATE JUDICIARY COMMITTEE

Senator Hannah-Beth Jackson, Chair

2017-2018 Regular Session

Bill No: AB 294 (Author:Gipson)

Version: March 28, 2017

Hearing Date: June 6, 2017

Fiscal: No

Urgency: No

Consultant: TSG

SUBJECT

Mobilehome parks: disclosure

DESCRIPTION

This bill would add a deadline to the existing requirement that the management of a mobilehome park must disclose the name, business address, and business telephone number of the park owner upon request from a mobilehome owner. Specifically, this bill would require park management to provide the required information within 10 business days of receiving a written request for it.

BACKGROUND

When mobilehome park residents are dissatisfied with park management, their ultimate recourse is to register their complaints with and, if necessary, pursue legal action, against the mobilehome park owner. Of course, if mobilehome park residents do not know who the mobilehome park owner is, or how to contact the owner, this recourse is effectively precluded. Existing law, in the form of Civil Code Section 798.28, attempts to address this problem by requiring mobilehome park managers to disclose the name, business address, and business telephone number of the park owner upon the request of a mobilehome owner. However, no timeline for the disclosure is specified. In theory, therefore, unscrupulous park managers, or mobilehome park owners seeking to shirk their responsibilities, could drag their feet endlessly before turning over the required information.

This bill would require mobilehome park managers to disclose the name and contact information for the park owner within 10 days. The 10 day period would start when the park management receives a written request for the information from a mobilehome owner.

CHANGES TO EXISTING LAW

Existing law regulates, pursuant to the Mobilehome Residency Law (MRL), the rights, responsibilities, obligations, and relationships between mobilehome park management and park residents. (Civ. Code Sec. 789, et seq.)

Existing law requires mobilehome park managers to disclose the name, business address, and business telephone number of the park owner upon homeowner request. (Civ. Code Sec. 789.28.)

This bill would specify that mobilehome park managers must disclose this information within 10 business days of receiving a written request for it from a mobilehome owner.

COMMENT

1. Stated need for the bill

According to the author:

AB 294 seeks to improve the mobilehome community by ensuring mobilehome owners are treated fairly when requesting proper contact information of the mobilehome park owners in a timely manner from mobilehome park management.

In support, the Golden State Manufactured Home Owners League writes:

Residents have a right to know who owns the park they live in, particularly when residents are legally responsible for what occurs in the park.

After residents have made numerous requests for park management to disclose the contact information of their park owner without success, this bill is warranted.

Contact information for the park owners does not need research. It is knowable information that is immediately available. But, if circumstances require certified mail, then the bill allows for the disclosure to be made within 10 business days, which is more than reasonable.

2. Necessity of 10 business days to produce contact information

Producing the name, business address, and business telephone number of the mobilehome park owner is not an onerous task. Giving park managers 10 business days to furnish this information is generous; arguably excessively so. In some instances, park managers are not on-site, but since the 10 day period only begins when managers receive a written request for the owner’s contact information, there is no delivery delay to be accounted for, at least on the front end, and any delivery delay on the back end is entirely within the management’s control, since it can choose whether to deliver the requested information in person, by overnight delivery, by priority mail, or whatever means is necessary to meet the deadline.

3. Evidentiary impact of management’s disclosure of the park owner’s address

The ultimate purpose behind the existing statute and the amendments this bill proposes is to increase accountability, transparency, and communication between mobilehome park residents and park owners. Imposing the deadline on park managers would presumably reduce foot-dragging, but nothing prevents the management from providing out-of-date or incorrect contact information for the park owner. While few park owners or managers would engage in this sort of behavior, accountability is particularly important among the unscrupulous actors.

With that in mind, the author may wish to consider adding an evidentiary presumption to the bill, to the effect that mailing legal notices to the park owner at the address provided by the park manager creates a presumption that the park owner received the communication in question. This would make it more difficult for unscrupulous park owners to deny receipt of complaints and notification from residents living at their parks. On the other hand, Evidence Code Section 641, which states “[a] letter correctly addressed and properly mailed is presumed to have been received in the ordinary course of mail,” may be sufficient to serve this purpose.

Support: Golden State Manufactured Home Owners League; 57 individuals

Opposition: None known

HISTORY

Source: South Bay Mobilehome Residents’ Alliance

Related Pending Legislation: None known

Prior Legislation:

AB 577 (Allen, Chapter 62, Statutes of 1991) required the management of a mobilehome park to disclose, in writing, the business address and business telephone number, in addition to the name, of the mobilehome park owner upon the request of a homeowner.

AB 1977 (Wray, Chapter 505, Statutes of 1981) added Section 798.28 to the Civil Code requiring mobilehome park managers to disclose the name of the mobilehome park owner upon request from a park tenant.

Prior Vote:

Assembly Floor (Ayes 76, Noes 0)

Assembly Housing and Community Development Committee (Ayes 7, Noes 0)

**************

ASSEMBLY THIRD READING

ATR Bill Id:AB 294

Author:(Gipson)

As Amended Ver:March 28, 2017

Majority vote

SUMMARY: Requires the management of a mobilehome park to disclose the name, business address, and business telephone number of the mobilehome park owner within 10 business days of a written request by a homeowner.

FISCAL EFFECT: None

COMMENTS:

Background: The owner of every mobilehome park and their business address is posted online at the Department of Housing and Community Development's (HCD) Web site, but not everyone has access to a computer or the Internet. Existing state law requires the management of a mobilehome park to disclose the name and contact information of the mobilehome park owner upon homeowner request. However, there is currently no deadline for when the management must respond. Park management may also be difficult to contact; in parks with 50 units or less there is no requirement for onsite management. Residents may interact with the management through, for instance, a post office box.

This creates problems for some residents who may have an issue with the management and cannot reach the owner to express their concerns. There are complaints by residents that if they have trouble with management, there is no way to remedy the situation because the management will delay the disclosure of owner information. Additionally, the Mobile Residency Law (MRL) is enforced through the courts, and an owner's contact information is necessary in order for a resident to assert their rights under the MRL.

This bill would specify that park management must provide the owner's contact information within ten days of a written request.

Purpose of this bill: According to the author, "AB 294 seeks to improve the mobilehome community by ensuring mobilehome owners are treated fairly when requesting proper contact information of the mobilehome park owners in a timely manner from mobilehome park management."

Similar Legislation: AB 577 (Allen), Chapter 62, Statutes of 1991 required the management of a mobilehome park to disclose, in writing, the business address and business telephone number, in addition to the name, of the mobilehome park owner upon the request of a homeowner.

Analysis Prepared by: Lisa Engel and Peter Stevens / H. & C.D. / (916) 319-2085 FN: 0000120

Date of Hearing: April 5, 2017

ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT

David Chiu, Chair

ABPCA Bill Id:AB 294 (

Author:Gipson) – As Amended Ver:March 28, 2017

SUBJECT: Mobilehome parks: disclosure

SUMMARY: Requires the management of a mobilehome park to disclose the name, business address, and business telephone number of the mobilehome park owner within 10 business days of a written request by a homeowner.

EXISTING LAW:

1. Regulates, pursuant to the Mobilehome Residency Law (MRL), the rights, responsibilities, obligations, and relationships between mobilehome park management and park residents. (Civil Code Section 789, et seq.)
2. Requires mobilehome park managers to disclose the name, business address, and business telephone number of the park owner upon homeowner request (Civil Code Section 789.28).

FISCAL EFFECT: None

COMMENTS:

Background: The owner of every mobilehome park and their business address is posted online at the Department of Housing and Community Development’s (HCD) website, but not everyone has access to a computer or the Internet. Existing state law requires the management of a mobilehome park to disclose the name and contact information of the mobilehome park owner upon homeowner request. However, there is currently no deadline for when the management must respond. Park management may also be difficult to contact; in parks with fifty units or less there is no requirement for onsite management. Residents may interact with the management through, for instance, a post office box.

This creates problems for some residents who may have an issue with the management and cannot reach the owner to express their concerns. There are complaints by residents that if they have trouble with management, there is no way to remedy the situation because the management will delay the disclosure of owner information. Additionally, the MRL is enforced through the courts, and an owner's contact information is necessary in order for a resident to assert their rights under the MRL.

This bill would specify that park management must provide the owner's contact information within ten days of a written request.

Purpose of this bill: According to the author, “AB 294 seeks to improve the mobilehome community by ensuring mobilehome owners are treated fairly when requesting proper contact information of the mobilehome park owners in a timely manner from mobilehome park management.”

Similar Legislation: AB 577 (Allen), Chapter 62, Statutes of 1991 required the management of a mobilehome park to disclose, in writing, the business address and business telephone number, in addition to the name, of the mobilehome park owner upon the request of a homeowner.

REGISTERED SUPPORT / OPPOSITION:

Support

Golden State Manufactured Home Owners League (GSMOL)

Individuals (2)

Opposition

None on File

Analysis Prepared by: Lisa Engel and Peter Stevens / H. & C.D. / 916-319-2085