SB 722: Mobilehomes: principal residences: rent control.
- Session Year: 2017-2018
- House: Senate
- Latest Version Date: 2018-01-03
Existing law regulates the terms and conditions of mobilehome park residencies. Existing law exempts certain mobilehome park rental agreements from any ordinance, rule, regulation, or initiative measure that establishes a maximum amount that the landlord may charge a tenant for rent, commonly referred to as rent control. Existing law specifically exempts from rent control a mobilehome space that is not the principal residence of the homeowner and that the homeowner has not rented to another party. Existing law deems a mobilehome to be the principal residence of a homeowner unless a review of state or county records demonstrates that the homeowner is receiving a homeowners exemption for another property or mobilehome in this state or unless review of public records reasonably demonstrates that the principal residence is out of state.
This bill, for a mobilehome rental agreement entered into on and after January 1, 2018, would require that a valid homeowners exemption be filed on a mobilehome for it to be considered a principal residence or domicile of the homeowner and to be subject to rent control. If a review of records indicates that a mobilehome fails to meet this requirement, the bill would require management to notify the homeowner, in writing, of any proposed changes and to provide the homeowner with a copy of the documents upon which management relied before modifying the rent or other terms of tenancy. The bill would grant the homeowner 90 days from the date these materials are mailed to review and respond to the notice and would prohibit management from modifying the rent or terms of tenancy prior to the expiration of the 90-day period or, if the homeowner provides information within that period, prior to responding, in writing, to the information provided by the homeowner. The bill would prohibit management from modifying the rent or terms of tenancy if the homeowner provides documentation that reasonably establishes that the information relied upon by management is incorrect or that the homeowner is not the same person identified in the documents. The bill would authorize management to file an inquiry with the local county assessor requesting a determination whether the mobilehome meets the legal standards of principal residence or domicile of the homeowner. If the local county assessor or an assessment appeals board determines that the mobilehome owner unlawfully designated his or her mobilehome as a principal residence, the bill would authorize park management to bill the homeowner retroactively for the difference between the amount charged and what would have been the prevailing market rent.
