AB 2373: Mobilehomes: tenancies.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2024-09-22
Current Status:
Passed
(2024-09-22: Chaptered by Secretary of State - Chapter 395, Statutes of 2024.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
Existing law, the Mobilehome Parks Act, provides for the regulation of mobilehomes and related vehicle parks by the Department of Housing and Community Development. Existing law makes it unlawful for a person to take various actions in connection with the construction and operation of a park unless that person has a valid permit issued by the enforcement agency, as specified.
Existing law, the Mobilehome Residency Law, governs the terms and conditions of residency in mobilehome parks and prescribes the content of a rental agreement for a tenancy. Existing law, the Mobilehome Residency Law Protection Act, until January 1, 2027, requires the department to provide assistance in resolving and coordinating the resolution of complaints relating to the Mobilehome Residency Law.
Under the Mobilehome Residency Law, management of the mobilehome park may only terminate a tenancy for certain reasons. These specified reasons include nonpayment of rent, utility charges, or reasonable incidental charges, or change of use of the park or any portion thereof.
This bill would prohibit a tenancy from being terminated and a notice of termination from being issued for the above-described reasons unless the park has a valid permit to operate issued by the enforcement agency in accordance with certain provisions of the Mobilehome Parks Act.
Existing law, the Mobilehome Parks Act, provides for the regulation of mobilehomes and related vehicle parks by the Department of Housing and Community Development. Existing law makes it unlawful for a person to take various actions in connection with the construction and operation of a park unless that person has a valid permit issued by the enforcement agency, as specified.
Existing law, the Mobilehome Residency Law, governs the terms and conditions of residency in mobilehome parks and prescribes the content of a rental agreement for a tenancy. Existing law, the Mobilehome Residency Law Protection Act, until January 1, 2027, requires the department to provide assistance in resolving and coordinating the resolution of complaints relating to the Mobilehome Residency Law.
Under the Mobilehome Residency Law, management of the mobilehome park may only terminate a tenancy for certain reasons. These specified reasons include nonpayment of rent, utility charges, or reasonable incidental charges, or change of use of the park or any portion thereof.
This bill would prohibit a tenancy from being terminated and a notice of termination from being issued for the above-described reasons unless the park has a valid permit to operate issued by the enforcement agency in accordance with certain provisions of the Mobilehome Parks Act.
Existing law, the Mobilehome Parks Act, provides for the regulation of mobilehomes and related vehicle parks by the Department of Housing and Community Development. Existing law makes it unlawful for a person to take various actions in connection with the construction and operation of a park unless that person has a valid permit issued by the enforcement agency, as specified.
Existing law, the Mobilehome Residency Law, governs the terms and conditions of residency in mobilehome parks and prescribes the content of a rental agreement for a tenancy. Existing law, the Mobilehome Residency Law Protection Act, until January 1, 2027, requires the department to provide assistance in resolving and coordinating the resolution of complaints relating to the Mobilehome Residency Law.
Under the Mobilehome Residency Law, management of the mobilehome park may only terminate a tenancy for certain reasons. These specified reasons include nonpayment of rent, utility charges, or reasonable incidental charges, or change of use of the park or any portion thereof.
This bill would prohibit a tenancy from being terminated and a notice of termination from being issued pursuant to the above-specified reasons during the period of any suspension or expiration of the permit to operate the park. The bill would permit the tenancy to be terminated after both the violation that was the basis of the suspension or expiration has been corrected and a valid permit to operate has been issued by the enforcement agency. for the above-described reasons unless the park has a valid permit to operate issued by the enforcement agency in accordance with certain provisions of the Mobilehome Parks Act.
Existing law, the Mobilehome Parks Act, provides for the regulation of mobilehomes and related vehicle parks by the Department of Housing and Community Development. Existing law makes it unlawful for a person to take various actions in connection with the construction and operation of a park unless that person has a valid permit issued by the enforcement agency, as specified.
Existing law, the Mobilehome Residency Law, governs the terms and conditions of residency in mobilehome parks and prescribes the content of a rental agreement for a tenancy. Existing law, the Mobilehome Residency Law Protection Act, until January 1, 2027, requires the department to provide assistance in resolving and coordinating the resolution of complaints relating to the Mobilehome Residency Law.
Under the Mobilehome Residency Law, management of the mobilehome park may only terminate a tenancy for certain reasons. These specified reasons include nonpayment of rent, utility charges, or reasonable incidental charges, or change of use of the park or any portion thereof.
This bill would prohibit a tenancy from being terminated and a notice of termination from being issued pursuant to the above-specified reasons during the period of any suspension or expiration of the permit to operate the park. The bill would permit the tenancy to be terminated after both the violation that was the basis of the suspension or expiration has been corrected and a valid permit to operate has been issued by the enforcement agency.
(1)Existing law establishes the Register Your Mobilehome Program. Prior to December 31, 2020, that program required the Department of Housing and Community Development, for a person not currently the registered owner of a manufactured home or mobilehome who applied to the department for registration or transfer of registration of the manufactured home or mobilehome and met other specified requirements, to release any lien imposed with respect to those charges, issue a duplicate or new certificate of title or registration card, and amend the title record of the manufactured home or mobilehome.This bill would reestablish that program, beginning on January 1, 2025, and ending on January 1, 2028.(2)Existing law provides that mobilehomes and manufactured homes not subject to the vehicle license fee are subject to local property taxation, and requires the department to withhold the registration or transfer of registration of any manufactured home or mobilehome subject to local property taxation until the applicant for registration presents a tax clearance certificate or conditional tax clearance certificate issued by the tax collector of the county where the manufactured home or mobilehome is located. Existing law requires the county tax collector to issue a tax clearance certificate or conditional tax clearance certificate if specified requirements are met.Existing law requires a county tax collector to issue either a tax liability certificate or a tax clearance certificate to a person with a conditional transfer of title who applies for the certificate prior to January 1, 2021. The California Constitution authorizes the Legislature to exempt personal property from taxation by means of a statute approved by a 2/3 vote of the membership of each house. Pursuant to this constitutional authorization, existing law requires the payment of only a portion of the taxes, as specified, reasonably owed from the date of sale of the manufactured home or mobilehome, not to exceed the amounts attributable one year prior to January 1, 2017.This bill would instead require a county tax collector to issue a tax liability certificate to a person with a conditional transfer of title who applies for the certificate prior to January 1, 2028. By increasing the duties of county tax collectors, this bill would impose a state-mandated local program. (3)Under existing law, beginning January 1, 2021, it is unlawful for any person to use for occupancy any manufactured home or mobilehome that does not conform to the registration requirements of the department, if the department provides notice to the occupant of the registration requirements and any registration fees due.This bill would extend that date to January 1, 2028.(4)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.(5)Existing law requires the state to reimburse local agencies annually for certain property tax revenues lost as a result of any exemption or classification of property for purposes of ad valorem property taxation.This bill would provide that, notwithstanding those provisions, no appropriation is made and the state shall not reimburse local agencies for property tax revenues lost by them pursuant to the bill.(1)Existing law establishes the Register Your Mobilehome Program. Prior to December 31, 2020, that program required the Department of Housing and Community Development, for a person not currently the registered owner of a manufactured home or mobilehome who applied to the department for registration or transfer of registration of the manufactured home or mobilehome and met other specified requirements, to release any lien imposed with respect to those charges, issue a duplicate or new certificate of title or registration card, and amend the title record of the manufactured home or mobilehome.
This bill would reestablish that program, beginning on January 1, 2025, and ending on January 1, 2028.
(2)Existing law provides that mobilehomes and manufactured homes not subject to the vehicle license fee are subject to local property taxation, and requires the department to withhold the registration or transfer of registration of any manufactured home or mobilehome subject to local property taxation until the applicant for registration presents a tax clearance certificate or conditional tax clearance certificate issued by the tax collector of the county where the manufactured home or mobilehome is located. Existing law requires the county tax collector to issue a tax clearance certificate or conditional tax clearance certificate if specified requirements are met.
Existing law requires a county tax collector to issue either a tax liability certificate or a tax clearance certificate to a person with a conditional transfer of title who applies for the certificate prior to January 1, 2021. The California Constitution authorizes the Legislature to exempt personal property from taxation by means of a statute approved by a 2/3 vote of the membership of each house. Pursuant to this constitutional authorization, existing law requires the payment of only a portion of the taxes, as specified, reasonably owed from the date of sale of the manufactured home or mobilehome, not to exceed the amounts attributable one year prior to January 1, 2017.
This bill would instead require a county tax collector to issue a tax liability certificate to a person with a conditional transfer of title who applies for the certificate prior to January 1, 2028. By increasing the duties of county tax collectors, this bill would impose a state-mandated local program.
(3)Under existing law, beginning January 1, 2021, it is unlawful for any person to use for occupancy any manufactured home or mobilehome that does not conform to the registration requirements of the department, if the department provides notice to the occupant of the registration requirements and any registration fees due.
This bill would extend that date to January 1, 2028.
(4)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(5)Existing law requires the state to reimburse local agencies annually for certain property tax revenues lost as a result of any exemption or classification of property for purposes of ad valorem property taxation.
This bill would provide that, notwithstanding those provisions, no appropriation is made and the state shall not reimburse local agencies for property tax revenues lost by them pursuant to the bill.
A tenancy shall be terminated by the management only for one or more of the following reasons:
(a)Failure of the homeowner or resident to comply with a local ordinance or state law or regulation relating to mobilehomes within a reasonable time after the homeowner receives a notice of noncompliance from the appropriate governmental agency.
(b)Conduct by the homeowner or resident, upon the park premises, that constitutes a substantial annoyance to other homeowners or residents.
(c)(1)Conviction of the homeowner or resident for prostitution, for a violation of subdivision (d) of Section 243, paragraph (2) of subdivision (a), or subdivision (b), of Section 245, Section 288, or Section 451, of the Penal Code, or a felony controlled substance offense, if the act resulting in the conviction was committed anywhere on the premises of the mobilehome park, including, but not limited to, within the homeowners mobilehome.
(2)However, the tenancy may not be terminated for the reason specified in this subdivision if the person convicted of the offense has permanently vacated, and does not subsequently reoccupy, the mobilehome.
(d)Failure of the homeowner or resident to comply with a reasonable rule or regulation of the park that is part of the rental agreement or any amendment thereto.
No act or omission of the homeowner or resident shall constitute a failure to comply with a reasonable rule or regulation unless and until the management has given the homeowner written notice of the alleged rule or regulation violation and the homeowner or resident has failed to adhere to the rule or regulation within seven days. However, if a homeowner has been given a written notice of an alleged violation of the same rule or regulation on three or more occasions within a 12-month period after the homeowner or resident has violated that rule or regulation, no written notice shall be required for a subsequent violation of the same rule or regulation.
Nothing in this subdivision shall relieve the management from its obligation to demonstrate that a rule or regulation has in fact been violated.
(e)(1)Except as provided for in the COVID-19 Tenant Relief Act of 2020 (Chapter 5 (commencing with Section 1179.01) of Title 3 of Part 3 of the Code of Civil Procedure), nonpayment of rent, utility charges, or reasonable incidental service charges; provided that the amount due has been unpaid for a period of at least five days from its due date, and provided that the homeowner shall be given a three-day written notice subsequent to that five-day period to pay the amount due or to vacate the tenancy. For purposes of this subdivision, the five-day period does not include the date the payment is due. The three-day written notice shall be given to the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure. A copy of this notice shall be sent to the persons or entities specified in subdivision (b) of Section 798.55 within 10 days after notice is delivered to the
homeowner. If the homeowner cures the default, the notice need not be sent. The notice may be given at the same time as the 60 days notice required for termination of the tenancy. A three-day notice given pursuant to this subdivision shall contain the following provisions printed in at least 12-point boldface type at the top of the notice, with the appropriate number written in the blank:
Warning: This notice is the (insert number) three-day notice for nonpayment of rent, utility charges, or other reasonable incidental services that has been served upon you in the last 12 months. Pursuant to Civil Code Section 798.56 (e) (5), if you have been given a three-day notice to either pay rent, utility charges, or other reasonable incidental services or to vacate your tenancy on three or more occasions within a 12-month period, management is not required to give you a further three-day period to pay rent
or vacate the tenancy before your tenancy can be terminated.
(2)Payment by the homeowner prior to the expiration of the three-day notice period shall cure a default under this subdivision. If the homeowner does not pay prior to the expiration of the three-day notice period, the homeowner shall remain liable for all payments due up until the time the tenancy is vacated.
(3)Payment by the legal owner, as defined in Section 18005.8 of the Health and Safety Code, any junior lienholder, as defined in Section 18005.3 of the Health and Safety Code, or the registered owner, as defined in Section 18009.5 of the Health and Safety Code, if other than the homeowner, on behalf of the homeowner prior to the expiration of 30 calendar days following the mailing of the notice to the legal owner, each junior lienholder, and the registered owner provided in subdivision (b) of Section 798.55, shall cure a default under this subdivision with respect to that payment.
(4)Cure of a default of rent, utility charges, or reasonable incidental service charges by the legal owner, any junior lienholder, or the registered owner, if other than the homeowner, as provided by this subdivision, may not be exercised more than twice during a 12-month period.
(5)If a homeowner has been given a three-day notice to pay the amount due or to vacate the tenancy on three or more occasions within the preceding 12-month period and each notice includes the provisions specified in paragraph (1), no written three-day notice shall be required in the case of a subsequent nonpayment of rent, utility charges, or reasonable incidental service charges.
In that event, the management shall give written notice to the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure to remove the mobilehome from the park within a period of not less than 60 days, which period shall be specified in the notice. A copy of this notice shall be sent to the legal owner, each junior lienholder, and the registered owner of the mobilehome, if other than the homeowner, as specified in subdivision (b) of Section 798.55, by certified or registered mail, return receipt requested, within 10 days after notice is sent to the homeowner.
(6)When a copy of the 60 days notice described in paragraph (5) is sent to the legal owner, each junior lienholder, and the registered owner of the mobilehome, if other than the homeowner, the default may be cured by any of them on behalf of the homeowner prior to the expiration of 30 calendar days following the mailing of the notice, if all of the following conditions exist:
(A)A copy of a three-day notice sent pursuant to subdivision (b) of Section 798.55 to a homeowner for the nonpayment of rent, utility charges, or reasonable incidental service charges was not sent to the legal owner, junior lienholder, or registered owner, of the mobilehome, if other than the homeowner, during the preceding 12-month period.
(B)The legal owner, junior lienholder, or registered owner of the mobilehome, if other than the homeowner, has not previously cured a default of the homeowner during the preceding 12-month period.
(C)The legal owner, junior lienholder, or registered owner, if other than the homeowner, is not a financial institution or mobilehome dealer.
If the default is cured by the legal owner, junior lienholder, or registered owner within the 30-day period, the notice to remove the mobilehome from the park described in paragraph (5) shall be rescinded.
(f)Condemnation of the park.
(g)Change of use of the park or any portion thereof, provided:
(1)The management gives the homeowners at least 60 days written notice that the management will be appearing before a local governmental board, commission, or body to request permits for a change of use of the mobilehome park.
(2)(A)After all required permits requesting a change of use have been approved by the local governmental board, commission, or body, the management shall give the homeowners six months or more written notice of termination of tenancy.
(B)If the change of use requires no local governmental permits, then notice shall be given 12 months or more prior to the managements determination that a change of use will occur. The management in the notice shall disclose and describe in detail the nature of the change of use.
(3)The management gives each proposed homeowner written notice thereof prior to the inception of the proposed homeowners tenancy that the management is requesting a change of use before local governmental bodies or that a change of use request has been granted.
(4)The notice requirements for termination of tenancy set forth in this section and Section 798.57 shall be followed if the proposed change actually occurs.
(5)A notice of a proposed change of use given prior to January 1, 1980, that conforms to the requirements in effect at that time shall be valid. The requirements for a notice of a proposed change of use imposed by this subdivision shall be governed by the law in effect at the time the notice was given.
(h)The report required pursuant to subdivisions (b) and (i) of Section 65863.7 of the Government Code shall be given to the homeowners or residents at the same time that notice is required pursuant to subdivision (g) of this section.
(i)A tenancy shall not be terminated pursuant to subdivision (e) or (g), and a notice of termination based thereon shall not be issued pursuant to Section 798.55 unless the park has a valid permit to operate issued by the enforcement agency pursuant to Chapter 4 (commencing with Section 18500) of Part 2.1 of Division 13 of the Health and Safety Code.
(j)For purposes of this section, financial institution means a state or national bank, state or federal savings and loan association or credit union, or similar organization, and mobilehome dealer as defined in Section 18002.6 of the Health and Safety Code or any other organization that, as part of its usual course of business, originates, owns, or provides loan servicing for loans secured by a mobilehome.
(k)This section remain in effect until February 1, 2025, and as of that date is repealed.
SEC. 2.Section 798.56 of the Civil Code, as amended by Section 3 of Chapter 360 of the Statutes of 2021, is amended to read:798.56.A tenancy shall be terminated by the management only for one or more of the following reasons:
(a)Failure of the homeowner or resident to comply with a local ordinance or state law or regulation relating to mobilehomes within a reasonable time after the homeowner receives a notice of noncompliance from the appropriate governmental agency.
(b)Conduct by the homeowner or resident, upon the park premises, that constitutes a substantial annoyance to other homeowners or residents.
(c)(1)Conviction of the homeowner or resident for prostitution, for a violation of subdivision (d) of Section 243, paragraph (2) of subdivision (a), or subdivision (b), of Section 245, Section 288, or Section 451, of the Penal Code, or a felony controlled substance offense, if the act resulting in the conviction was committed anywhere on the premises of the mobilehome park, including, but not limited to, within the homeowners mobilehome.
(2)However, the tenancy may not be terminated for the reason specified in this subdivision if the person convicted of the offense has permanently vacated, and does not subsequently reoccupy, the mobilehome.
(d)Failure of the homeowner or resident to comply with a reasonable rule or regulation of the park that is part of the rental agreement or any amendment thereto.
No act or omission of the homeowner or resident shall constitute a failure to comply with a reasonable rule or regulation unless and until the management has given the homeowner written notice of the alleged rule or regulation violation and the homeowner or resident has failed to adhere to the rule or regulation within seven days. However, if a homeowner has been given a written notice of an alleged violation of the same rule or regulation on three or more occasions within a 12-month period after the homeowner or resident has violated that rule or regulation, no written notice shall be required for a subsequent violation of the same rule or regulation.
Nothing in this subdivision shall relieve the management from its obligation to demonstrate that a rule or regulation has in fact been violated.
(e)(1)Nonpayment of rent, utility charges, or reasonable incidental service charges; provided that the amount due has been unpaid for a period of at least five days from its due date, and provided that the homeowner shall be given a three-day written notice subsequent to that five-day period to pay the amount due or to vacate the tenancy. For purposes of this subdivision, the five-day period does not include the date the payment is due. The three-day written notice shall be given to the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure. A copy of this notice shall be sent to the persons or entities specified in subdivision (b) of Section 798.55 within 10 days after notice is delivered to the homeowner. If the homeowner cures the default, the notice need not be sent. The notice may be given at the same time as the 60 days notice required for termination of the tenancy. A three-day notice given pursuant to this subdivision shall contain the following provisions printed in at least 12-point boldface type at the top of the notice, with the appropriate number written in the blank:
Warning: This notice is the (insert number) three-day notice for nonpayment of rent, utility charges, or other reasonable incidental services that has been served upon you in the last 12 months. Pursuant to Civil Code Section 798.56 (e) (5), if you have been given a three-day notice to either pay rent, utility charges, or other reasonable incidental services or to vacate your tenancy on three or more occasions within a 12-month period, management is not required to give you a further three-day period to pay rent or vacate the tenancy before your tenancy can be terminated.
(2)Payment by the homeowner prior to the expiration of the three-day notice period shall cure a default under this subdivision. If the homeowner does not pay prior to the expiration of the three-day notice period, the homeowner shall remain liable for all payments due up until the time the tenancy is vacated.
(3)Payment by the legal owner, as defined in Section 18005.8 of the Health and Safety Code, any junior lienholder, as defined in Section 18005.3 of the Health and Safety Code, or the registered owner, as defined in Section 18009.5 of the Health and Safety Code, if other than the homeowner, on behalf of the homeowner prior to the expiration of 30 calendar days following the mailing of the notice to the legal owner, each junior lienholder, and the registered owner provided in subdivision (b) of Section 798.55, shall cure a default under this subdivision with respect to that payment.
(4)Cure of a default of rent, utility charges, or reasonable incidental service charges by the legal owner, any junior lienholder, or the registered owner, if other than the homeowner, as provided by this subdivision, may not be exercised more than twice during a 12-month period.
(5)If a homeowner has been given a three-day notice to pay the amount due or to vacate the tenancy on three or more occasions within the preceding 12-month period and each notice includes the provisions specified in paragraph (1), no written three-day notice shall be required in the case of a subsequent nonpayment of rent, utility charges, or reasonable incidental service charges.
In that event, the management shall give written notice to the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure to remove the mobilehome from the park within a period of not less than 60 days, which period shall be specified in the notice. A copy of this notice shall be sent to the legal owner, each junior lienholder, and the registered owner of the mobilehome, if other than the homeowner, as specified in subdivision (b) of Section 798.55, by certified or registered mail, return receipt requested, within 10 days after notice is sent to the homeowner.
(6)When a copy of the 60 days notice described in paragraph (5) is sent to the legal owner, each junior lienholder, and the registered owner of the mobilehome, if other than the homeowner, the default may be cured by any of them on behalf of the homeowner prior to the expiration of 30 calendar days following the mailing of the notice, if all of the following conditions exist:
(A)A copy of a three-day notice sent pursuant to subdivision (b) of Section 798.55 to a homeowner for the nonpayment of rent, utility charges, or reasonable incidental service charges was not sent to the legal owner, junior lienholder, or registered owner, of the mobilehome, if other than the homeowner, during the preceding 12-month period.
(B)The legal owner, junior lienholder, or registered owner of the mobilehome, if other than the homeowner, has not previously cured a default of the homeowner during the preceding 12-month period.
(C)The legal owner, junior lienholder, or registered owner, if other than the homeowner, is not a financial institution or mobilehome dealer.
If the default is cured by the legal owner, junior lienholder, or registered owner within the 30-day period, the notice to remove the mobilehome from the park described in paragraph (5) shall be rescinded.
(f)Condemnation of the park.
(g)Change of use of the park or any portion thereof, provided:
(1)The management gives the homeowners at least 60 days written notice that the management will be appearing before a local governmental board, commission, or body to request permits for a change of use of the mobilehome park.
(2)(A)After all required permits requesting a change of use have been approved by the local governmental board, commission, or body, the management shall give the homeowners six months or more written notice of termination of tenancy.
(B)If the change of use requires no local governmental permits, then notice shall be given 12 months or more prior to the managements determination that a change of use will occur. The management in the notice shall disclose and describe in detail the nature of the change of use.
(3)The management gives each proposed homeowner written notice thereof prior to the inception of the proposed homeowners tenancy that the management is requesting a change of use before local governmental bodies or that a change of use request has been granted.
(4)The notice requirements for termination of tenancy set forth in Sections 798.56 and 798.57 shall be followed if the proposed change actually occurs.
(5)A notice of a proposed change of use given prior to January 1, 1980, that conforms to the requirements in effect at that time shall be valid. The requirements for a notice of a proposed change of use imposed by this subdivision shall be governed by the law in effect at the time the notice was given.
(h)The report required pursuant to subdivisions (b) and (i) of Section 65863.7 of the Government Code shall be given to the homeowners or residents at the same time that notice is required pursuant to subdivision (g) of this section.
(i)A tenancy shall not be terminated pursuant to subdivision (e) or (g), and a notice of termination based thereon shall not be issued pursuant to Section 798.55 unless the park has a valid permit to operate issued by the enforcement agency pursuant to Chapter 4 (commencing with Section 18500) of Part 2.1 of Division 13 of the Health and Safety Code.
(j)For purposes of this section, financial institution means a state or national bank, state or federal savings and loan association or credit union, or similar organization, and mobilehome dealer as defined in Section 18002.6 of the Health and Safety Code or any other organization that, as part of its usual course of business, originates, owns, or provides loan servicing for loans secured by a mobilehome.
(k)This section shall become operative on February 1, 2025.
A tenancy shall be terminated by the management only for one or more of the following reasons:
(a)Failure of the homeowner or resident to comply with a local ordinance or state law or regulation relating to mobilehomes within a reasonable time after the homeowner receives a notice of noncompliance from the appropriate governmental agency.
(b)Conduct by the homeowner or resident, upon the park premises, that constitutes a substantial annoyance to other homeowners or residents.
(c)(1)Conviction of the homeowner or resident for prostitution, for a violation of subdivision (d) of Section 243, paragraph (2) of subdivision (a), or subdivision (b), of Section 245, Section 288, or Section 451, of the Penal Code, or a felony controlled substance offense, if the act resulting in the conviction was committed anywhere on the premises of the mobilehome park, including, but not limited to, within the homeowners mobilehome.
(2)However, the tenancy may not be terminated for the reason specified in this subdivision if the person convicted of the offense has permanently vacated, and does not subsequently reoccupy, the mobilehome.
(d)Failure of the homeowner or resident to comply with a reasonable rule or regulation of the park that is part of the rental agreement or any amendment thereto.
No act or omission of the homeowner or resident shall constitute a failure to comply with a reasonable rule or regulation unless and until the management has given the homeowner written notice of the alleged rule or regulation violation and the homeowner or resident has failed to adhere to the rule or regulation within seven days. However, if a homeowner has been given a written notice of an alleged violation of the same rule or regulation on three or more occasions within a 12-month period after the homeowner or resident has violated that rule or regulation, no written notice shall be required for a subsequent violation of the same rule or regulation.
Nothing in this subdivision shall relieve the management from its obligation to demonstrate that a rule or regulation has in fact been violated.
(e)(1)Except as provided for in the COVID-19 Tenant Relief Act of 2020 (Chapter 5 (commencing with Section 1179.01) of Title 3 of Part 3 of the Code of Civil Procedure), nonpayment of rent, utility charges, or reasonable incidental service charges; provided that the amount due has been unpaid for a period of at least five days from its due date, and provided that the homeowner shall be given a three-day written notice subsequent to that five-day period to pay the amount due or to vacate the tenancy. For purposes of this subdivision, the five-day period does not include the date the payment is due. The three-day written notice shall be given to the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure. A copy of this notice shall be sent to the persons or entities specified in subdivision (b) of Section 798.55 within 10 days after notice is delivered to the
homeowner. If the homeowner cures the default, the notice need not be sent. The notice may be given at the same time as the 60 days notice required for termination of the tenancy. A three-day notice given pursuant to this subdivision shall contain the following provisions printed in at least 12-point boldface type at the top of the notice, with the appropriate number written in the blank:
Warning: This notice is the (insert number) three-day notice for nonpayment of rent, utility charges, or other reasonable incidental services that has been served upon you in the last 12 months. Pursuant to Civil Code Section 798.56 (e) (5), if you have been given a three-day notice to either pay rent, utility charges, or other reasonable incidental services or to vacate your tenancy on three or more occasions within a 12-month period, management is not required to give you a further three-day period to pay rent
or vacate the tenancy before your tenancy can be terminated.
(2)Payment by the homeowner prior to the expiration of the three-day notice period shall cure a default under this subdivision. If the homeowner does not pay prior to the expiration of the three-day notice period, the homeowner shall remain liable for all payments due up until the time the tenancy is vacated.
(3)Payment by the legal owner, as defined in Section 18005.8 of the Health and Safety Code, any junior lienholder, as defined in Section 18005.3 of the Health and Safety Code, or the registered owner, as defined in Section 18009.5 of the Health and Safety Code, if other than the homeowner, on behalf of the homeowner prior to the expiration of 30 calendar days following the mailing of the notice to the legal owner, each junior lienholder, and the registered owner provided in subdivision (b) of Section 798.55, shall cure a default under this subdivision with respect to that payment.
(4)Cure of a default of rent, utility charges, or reasonable incidental service charges by the legal owner, any junior lienholder, or the registered owner, if other than the homeowner, as provided by this subdivision, may not be exercised more than twice during a 12-month period.
(5)If a homeowner has been given a three-day notice to pay the amount due or to vacate the tenancy on three or more occasions within the preceding 12-month period and each notice includes the provisions specified in paragraph (1), no written three-day notice shall be required in the case of a subsequent nonpayment of rent, utility charges, or reasonable incidental service charges.
In that event, the management shall give written notice to the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure to remove the mobilehome from the park within a period of not less than 60 days, which period shall be specified in the notice. A copy of this notice shall be sent to the legal owner, each junior lienholder, and the registered owner of the mobilehome, if other than the homeowner, as specified in subdivision (b) of Section 798.55, by certified or registered mail, return receipt requested, within 10 days after notice is sent to the homeowner.
(6)When a copy of the 60 days notice described in paragraph (5) is sent to the legal owner, each junior lienholder, and the registered owner of the mobilehome, if other than the homeowner, the default may be cured by any of them on behalf of the homeowner prior to the expiration of 30 calendar days following the mailing of the notice, if all of the following conditions exist:
(A)A copy of a three-day notice sent pursuant to subdivision (b) of Section 798.55 to a homeowner for the nonpayment of rent, utility charges, or reasonable incidental service charges was not sent to the legal owner, junior lienholder, or registered owner, of the mobilehome, if other than the homeowner, during the preceding 12-month period.
(B)The legal owner, junior lienholder, or registered owner of the mobilehome, if other than the homeowner, has not previously cured a default of the homeowner during the preceding 12-month period.
(C)The legal owner, junior lienholder, or registered owner, if other than the homeowner, is not a financial institution or mobilehome dealer.
If the default is cured by the legal owner, junior lienholder, or registered owner within the 30-day period, the notice to remove the mobilehome from the park described in paragraph (5) shall be rescinded.
(f)Condemnation of the park.
(g)Change of use of the park or any portion thereof, provided:
(1)The management gives the homeowners at least 60 days written notice that the management will be appearing before a local governmental board, commission, or body to request permits for a change of use of the mobilehome park.
(2)(A)After all required permits requesting a change of use have been approved by the local governmental board, commission, or body, the management shall give the homeowners six months or more written notice of termination of tenancy.
(B)If the change of use requires no local governmental permits, then notice shall be given 12 months or more prior to the managements determination that a change of use will occur. The management in the notice shall disclose and describe in detail the nature of the change of use.
(3)The management gives each proposed homeowner written notice thereof prior to the inception of the proposed homeowners tenancy that the management is requesting a change of use before local governmental bodies or that a change of use request has been granted.
(4)The notice requirements for termination of tenancy set forth in this section and Section 798.57 shall be followed if the proposed change actually occurs.
(5)A notice of a proposed change of use given prior to January 1, 1980, that conforms to the requirements in effect at that time shall be valid. The requirements for a notice of a proposed change of use imposed by this subdivision shall be governed by the law in effect at the time the notice was given.
(h)The report required pursuant to subdivisions (b) and (i) of Section 65863.7 of the Government Code shall be given to the homeowners or residents at the same time that notice is required pursuant to subdivision (g) of this section.
(i)A tenancy shall not be terminated pursuant to subdivision (e) or (g), and a notice of termination based thereon shall not be issued pursuant to Section 798.55 unless the park has a valid permit to operate issued by the enforcement agency pursuant to Chapter 4 (commencing with Section 18500) of Part 2.1 of Division 13 of the Health and Safety Code.
(j)For purposes of this section, financial institution means a state or national bank, state or federal savings and loan association or credit union, or similar organization, and mobilehome dealer as defined in Section 18002.6 of the Health and Safety Code or any other organization that, as part of its usual course of business, originates, owns, or provides loan servicing for loans secured by a mobilehome.
(k)This section remain in effect until February 1, 2025, and as of that date is repealed.
SEC. 2.Section 798.56 of the Civil Code, as amended by Section 3 of Chapter 360 of the Statutes of 2021, is amended to read:798.56.A tenancy shall be terminated by the management only for one or more of the following reasons:
(a)Failure of the homeowner or resident to comply with a local ordinance or state law or regulation relating to mobilehomes within a reasonable time after the homeowner receives a notice of noncompliance from the appropriate governmental agency.
(b)Conduct by the homeowner or resident, upon the park premises, that constitutes a substantial annoyance to other homeowners or residents.
(c)(1)Conviction of the homeowner or resident for prostitution, for a violation of subdivision (d) of Section 243, paragraph (2) of subdivision (a), or subdivision (b), of Section 245, Section 288, or Section 451, of the Penal Code, or a felony controlled substance offense, if the act resulting in the conviction was committed anywhere on the premises of the mobilehome park, including, but not limited to, within the homeowners mobilehome.
(2)However, the tenancy may not be terminated for the reason specified in this subdivision if the person convicted of the offense has permanently vacated, and does not subsequently reoccupy, the mobilehome.
(d)Failure of the homeowner or resident to comply with a reasonable rule or regulation of the park that is part of the rental agreement or any amendment thereto.
No act or omission of the homeowner or resident shall constitute a failure to comply with a reasonable rule or regulation unless and until the management has given the homeowner written notice of the alleged rule or regulation violation and the homeowner or resident has failed to adhere to the rule or regulation within seven days. However, if a homeowner has been given a written notice of an alleged violation of the same rule or regulation on three or more occasions within a 12-month period after the homeowner or resident has violated that rule or regulation, no written notice shall be required for a subsequent violation of the same rule or regulation.
Nothing in this subdivision shall relieve the management from its obligation to demonstrate that a rule or regulation has in fact been violated.
(e)(1)Nonpayment of rent, utility charges, or reasonable incidental service charges; provided that the amount due has been unpaid for a period of at least five days from its due date, and provided that the homeowner shall be given a three-day written notice subsequent to that five-day period to pay the amount due or to vacate the tenancy. For purposes of this subdivision, the five-day period does not include the date the payment is due. The three-day written notice shall be given to the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure. A copy of this notice shall be sent to the persons or entities specified in subdivision (b) of Section 798.55 within 10 days after notice is delivered to the homeowner. If the homeowner cures the default, the notice need not be sent. The notice may be given at the same time as the 60 days notice required for termination of the tenancy. A three-day notice given pursuant to this subdivision shall contain the following provisions printed in at least 12-point boldface type at the top of the notice, with the appropriate number written in the blank:
Warning: This notice is the (insert number) three-day notice for nonpayment of rent, utility charges, or other reasonable incidental services that has been served upon you in the last 12 months. Pursuant to Civil Code Section 798.56 (e) (5), if you have been given a three-day notice to either pay rent, utility charges, or other reasonable incidental services or to vacate your tenancy on three or more occasions within a 12-month period, management is not required to give you a further three-day period to pay rent or vacate the tenancy before your tenancy can be terminated.
(2)Payment by the homeowner prior to the expiration of the three-day notice period shall cure a default under this subdivision. If the homeowner does not pay prior to the expiration of the three-day notice period, the homeowner shall remain liable for all payments due up until the time the tenancy is vacated.
(3)Payment by the legal owner, as defined in Section 18005.8 of the Health and Safety Code, any junior lienholder, as defined in Section 18005.3 of the Health and Safety Code, or the registered owner, as defined in Section 18009.5 of the Health and Safety Code, if other than the homeowner, on behalf of the homeowner prior to the expiration of 30 calendar days following the mailing of the notice to the legal owner, each junior lienholder, and the registered owner provided in subdivision (b) of Section 798.55, shall cure a default under this subdivision with respect to that payment.
(4)Cure of a default of rent, utility charges, or reasonable incidental service charges by the legal owner, any junior lienholder, or the registered owner, if other than the homeowner, as provided by this subdivision, may not be exercised more than twice during a 12-month period.
(5)If a homeowner has been given a three-day notice to pay the amount due or to vacate the tenancy on three or more occasions within the preceding 12-month period and each notice includes the provisions specified in paragraph (1), no written three-day notice shall be required in the case of a subsequent nonpayment of rent, utility charges, or reasonable incidental service charges.
In that event, the management shall give written notice to the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure to remove the mobilehome from the park within a period of not less than 60 days, which period shall be specified in the notice. A copy of this notice shall be sent to the legal owner, each junior lienholder, and the registered owner of the mobilehome, if other than the homeowner, as specified in subdivision (b) of Section 798.55, by certified or registered mail, return receipt requested, within 10 days after notice is sent to the homeowner.
(6)When a copy of the 60 days notice described in paragraph (5) is sent to the legal owner, each junior lienholder, and the registered owner of the mobilehome, if other than the homeowner, the default may be cured by any of them on behalf of the homeowner prior to the expiration of 30 calendar days following the mailing of the notice, if all of the following conditions exist:
(A)A copy of a three-day notice sent pursuant to subdivision (b) of Section 798.55 to a homeowner for the nonpayment of rent, utility charges, or reasonable incidental service charges was not sent to the legal owner, junior lienholder, or registered owner, of the mobilehome, if other than the homeowner, during the preceding 12-month period.
(B)The legal owner, junior lienholder, or registered owner of the mobilehome, if other than the homeowner, has not previously cured a default of the homeowner during the preceding 12-month period.
(C)The legal owner, junior lienholder, or registered owner, if other than the homeowner, is not a financial institution or mobilehome dealer.
If the default is cured by the legal owner, junior lienholder, or registered owner within the 30-day period, the notice to remove the mobilehome from the park described in paragraph (5) shall be rescinded.
(f)Condemnation of the park.
(g)Change of use of the park or any portion thereof, provided:
(1)The management gives the homeowners at least 60 days written notice that the management will be appearing before a local governmental board, commission, or body to request permits for a change of use of the mobilehome park.
(2)(A)After all required permits requesting a change of use have been approved by the local governmental board, commission, or body, the management shall give the homeowners six months or more written notice of termination of tenancy.
(B)If the change of use requires no local governmental permits, then notice shall be given 12 months or more prior to the managements determination that a change of use will occur. The management in the notice shall disclose and describe in detail the nature of the change of use.
(3)The management gives each proposed homeowner written notice thereof prior to the inception of the proposed homeowners tenancy that the management is requesting a change of use before local governmental bodies or that a change of use request has been granted.
(4)The notice requirements for termination of tenancy set forth in Sections 798.56 and 798.57 shall be followed if the proposed change actually occurs.
(5)A notice of a proposed change of use given prior to January 1, 1980, that conforms to the requirements in effect at that time shall be valid. The requirements for a notice of a proposed change of use imposed by this subdivision shall be governed by the law in effect at the time the notice was given.
(h)The report required pursuant to subdivisions (b) and (i) of Section 65863.7 of the Government Code shall be given to the homeowners or residents at the same time that notice is required pursuant to subdivision (g) of this section.
(i)A tenancy shall not be terminated pursuant to subdivision (e) or (g), and a notice of termination based thereon shall not be issued pursuant to Section 798.55 unless the park has a valid permit to operate issued by the enforcement agency pursuant to Chapter 4 (commencing with Section 18500) of Part 2.1 of Division 13 of the Health and Safety Code.
(j)For purposes of this section, financial institution means a state or national bank, state or federal savings and loan association or credit union, or similar organization, and mobilehome dealer as defined in Section 18002.6 of the Health and Safety Code or any other organization that, as part of its usual course of business, originates, owns, or provides loan servicing for loans secured by a mobilehome.
(k)This section shall become operative on February 1, 2025.
A tenancy shall be terminated by the management only for one or more of the following reasons:
(a)Failure of the homeowner or resident to comply with a local ordinance or state law or regulation relating to mobilehomes within a reasonable time after the homeowner receives a notice of noncompliance from the appropriate governmental agency.
(b)Conduct by the homeowner or resident, upon the park premises, that constitutes a substantial annoyance to other homeowners or residents.
(c)(1)Conviction of the homeowner or resident for prostitution, for a violation of subdivision (d) of Section 243, paragraph (2) of subdivision (a), or subdivision (b), of Section 245, Section 288, or Section 451, of the Penal Code, or a felony controlled substance offense, if the act resulting in the conviction was committed anywhere on the premises of the mobilehome park, including, but not limited to, within the homeowners mobilehome.
(2)However, the tenancy may not be terminated for the reason specified in this subdivision if the person convicted of the offense has permanently vacated, and does not subsequently reoccupy, the mobilehome.
(d)Failure of the homeowner or resident to comply with a reasonable rule or regulation of the park that is part of the rental agreement or any amendment thereto.
No act or omission of the homeowner or resident shall constitute a failure to comply with a reasonable rule or regulation unless and until the management has given the homeowner written notice of the alleged rule or regulation violation and the homeowner or resident has failed to adhere to the rule or regulation within seven days. However, if a homeowner has been given a written notice of an alleged violation of the same rule or regulation on three or more occasions within a 12-month period after the homeowner or resident has violated that rule or regulation, no written notice shall be required for a subsequent violation of the same rule or regulation.
Nothing in this subdivision shall relieve the management from its obligation to demonstrate that a rule or regulation has in fact been violated.
(e)(1)Except as provided for in the COVID-19 Tenant Relief Act of 2020 (Chapter 5 (commencing with Section 1179.01) of Title 3 of Part 3 of the Code of Civil Procedure), nonpayment of rent, utility charges, or reasonable incidental service charges; provided that the amount due has been unpaid for a period of at least five days from its due date, and provided that the homeowner shall be given a three-day written notice subsequent to that five-day period to pay the amount due or to vacate the tenancy. For purposes of this subdivision, the five-day period does not include the date the payment is due. The three-day written notice shall be given to the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure. A copy of this notice shall be sent to the persons or entities specified in subdivision (b) of Section 798.55 within 10 days after notice is delivered to the
homeowner. If the homeowner cures the default, the notice need not be sent. The notice may be given at the same time as the 60 days notice required for termination of the tenancy. A three-day notice given pursuant to this subdivision shall contain the following provisions printed in at least 12-point boldface type at the top of the notice, with the appropriate number written in the blank:
Warning: This notice is the (insert number) three-day notice for nonpayment of rent, utility charges, or other reasonable incidental services that has been served upon you in the last 12 months. Pursuant to Civil Code Section 798.56 (e) (5), if you have been given a three-day notice to either pay rent, utility charges, or other reasonable incidental services or to vacate your tenancy on three or more occasions within a 12-month period, management is not required to give you a further three-day period to pay rent
or vacate the tenancy before your tenancy can be terminated.
(2)Payment by the homeowner prior to the expiration of the three-day notice period shall cure a default under this subdivision. If the homeowner does not pay prior to the expiration of the three-day notice period, the homeowner shall remain liable for all payments due up until the time the tenancy is vacated.
(3)Payment by the legal owner, as defined in Section 18005.8 of the Health and Safety Code, any junior lienholder, as defined in Section 18005.3 of the Health and Safety Code, or the registered owner, as defined in Section 18009.5 of the Health and Safety Code, if other than the homeowner, on behalf of the homeowner prior to the expiration of 30 calendar days following the mailing of the notice to the legal owner, each junior lienholder, and the registered owner provided in subdivision (b) of Section 798.55, shall cure a default under this subdivision with respect to that payment.
(4)Cure of a default of rent, utility charges, or reasonable incidental service charges by the legal owner, any junior lienholder, or the registered owner, if other than the homeowner, as provided by this subdivision, may not be exercised more than twice during a 12-month period.
(5)If a homeowner has been given a three-day notice to pay the amount due or to vacate the tenancy on three or more occasions within the preceding 12-month period and each notice includes the provisions specified in paragraph (1), no written three-day notice shall be required in the case of a subsequent nonpayment of rent, utility charges, or reasonable incidental service charges.
In that event, the management shall give written notice to the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure to remove the mobilehome from the park within a period of not less than 60 days, which period shall be specified in the notice. A copy of this notice shall be sent to the legal owner, each junior lienholder, and the registered owner of the mobilehome, if other than the homeowner, as specified in paragraph subdivision (b) of Section 798.55, by certified or registered mail, return receipt requested, within 10 days after notice is sent to the homeowner.
(6)When a copy of the 60 days notice described in paragraph (5) is sent to the legal owner, each junior lienholder, and the registered owner of the mobilehome, if other than the homeowner, the default may be cured by any of them on behalf of the homeowner prior to the expiration of 30 calendar days following the mailing of the notice, if all of the following conditions exist:
(A)A copy of a three-day notice sent pursuant to subdivision (b) of Section 798.55 to a homeowner for the nonpayment of rent, utility charges, or reasonable incidental service charges was not sent to the legal owner, junior lienholder, or registered owner, of the mobilehome, if other than the homeowner, during the preceding 12-month period.
(B)The legal owner, junior lienholder, or registered owner of the mobilehome, if other than the homeowner, has not previously cured a default of the homeowner during the preceding 12-month period.
(C)The legal owner, junior lienholder, or registered owner, if other than the homeowner, is not a financial institution or mobilehome dealer.
If the default is cured by the legal owner, junior lienholder, or registered owner within the 30-day period, the notice to remove the mobilehome from the park described in paragraph (5) shall be rescinded.
(f)Condemnation of the park.
(g)Change of use of the park or any portion thereof, provided:
(1)The management gives the homeowners at least 60 days written notice that the management will be appearing before a local governmental board, commission, or body to request permits for a change of use of the mobilehome park.
(2)(A)After all required permits requesting a change of use have been approved by the local governmental board, commission, or body, the management shall give the homeowners six months or more written notice of termination of tenancy.
(B)If the change of use requires no local governmental permits, then notice shall be given 12 months or more prior to the managements determination that a change of use will occur. The management in the notice shall disclose and describe in detail the nature of the change of use.
(3)The management gives each proposed homeowner written notice thereof prior to the inception of the proposed homeowners tenancy that the management is requesting a change of use before local governmental bodies or that a change of use request has been granted.
(4)The notice requirements for termination of tenancy set forth in this section and Section 798.57 shall be followed if the proposed change actually occurs.
(5)A notice of a proposed change of use given prior to January 1, 1980, that conforms to the requirements in effect at that time shall be valid. The requirements for a notice of a proposed change of use imposed by this subdivision shall be governed by the law in effect at the time the notice was given.
(h)The report required pursuant to subdivisions (b) and (i) of Section 65863.7 of the Government Code shall be given to the homeowners or residents at the same time that notice is required pursuant to subdivision (g) of this section.
(i)A tenancy shall not be terminated pursuant to subdivision (e) or (g), and a notice of termination based thereon shall not be issued pursuant to Section 798.55 during the period of any suspension or expiration of the permit to operate the park, as required by Section 18506 of the Health and Safety Code, and may only occur after both of the following: unless the park has a valid permit to operate issued by the enforcement agency pursuant to Chapter 4 (commencing with Section 18500) of Part 2.1 of Division 13 of the Health and Safety Code.
(1)The violation that was the basis of the suspension or expiration has been corrected.(2)A valid permit to operate has been issued by the enforcement agency.(j)For purposes of this section, financial institution means a state or national bank, state or federal savings and loan association or credit union, or similar organization, and mobilehome dealer as defined in Section 18002.6 of the Health and Safety Code or any other organization that, as part of its usual course of business, originates, owns, or provides loan servicing for loans secured by a mobilehome.
(k)This section remain in effect until February 1, 2025, and as of that date is repealed.
SEC. 2.Section 798.56 of the Civil Code, as amended by Section 3 of Chapter 360 of the Statutes of 2021, is amended to read:798.56.A tenancy shall be terminated by the management only for one or more of the following reasons:
(a)Failure of the homeowner or resident to comply with a local ordinance or state law or regulation relating to mobilehomes within a reasonable time after the homeowner receives a notice of noncompliance from the appropriate governmental agency.
(b)Conduct by the homeowner or resident, upon the park premises, that constitutes a substantial annoyance to other homeowners or residents.
(c)(1)Conviction of the homeowner or resident for prostitution, for a violation of subdivision (d) of Section 243, paragraph (2) of subdivision (a), or subdivision (b), of Section 245, Section 288, or Section 451, of the Penal Code, or a felony controlled substance offense, if the act resulting in the conviction was committed anywhere on the premises of the mobilehome park, including, but not limited to, within the homeowners mobilehome.
(2)However, the tenancy may not be terminated for the reason specified in this subdivision if the person convicted of the offense has permanently vacated, and does not subsequently reoccupy, the mobilehome.
(d)Failure of the homeowner or resident to comply with a reasonable rule or regulation of the park that is part of the rental agreement or any amendment thereto.
No act or omission of the homeowner or resident shall constitute a failure to comply with a reasonable rule or regulation unless and until the management has given the homeowner written notice of the alleged rule or regulation violation and the homeowner or resident has failed to adhere to the rule or regulation within seven days. However, if a homeowner has been given a written notice of an alleged violation of the same rule or regulation on three or more occasions within a 12-month period after the homeowner or resident has violated that rule or regulation, no written notice shall be required for a subsequent violation of the same rule or regulation.
Nothing in this subdivision shall relieve the management from its obligation to demonstrate that a rule or regulation has in fact been violated.
(e)(1)Nonpayment of rent, utility charges, or reasonable incidental service charges; provided that the amount due has been unpaid for a period of at least five days from its due date, and provided that the homeowner shall be given a three-day written notice subsequent to that five-day period to pay the amount due or to vacate the tenancy. For purposes of this subdivision, the five-day period does not include the date the payment is due. The three-day written notice shall be given to the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure. A copy of this notice shall be sent to the persons or entities specified in subdivision (b) of Section 798.55 within 10 days after notice is delivered to the homeowner. If the homeowner cures the default, the notice need not be sent. The notice may be given at the same time as the 60 days notice required for termination of the tenancy. A three-day notice given pursuant to this subdivision shall contain the following provisions printed in at least 12-point boldface type at the top of the notice, with the appropriate number written in the blank:
Warning: This notice is the (insert number) three-day notice for nonpayment of rent, utility charges, or other reasonable incidental services that has been served upon you in the last 12 months. Pursuant to Civil Code Section 798.56 (e) (5), if you have been given a three-day notice to either pay rent, utility charges, or other reasonable incidental services or to vacate your tenancy on three or more occasions within a 12-month period, management is not required to give you a further three-day period to pay rent or vacate the tenancy before your tenancy can be terminated.
(2)Payment by the homeowner prior to the expiration of the three-day notice period shall cure a default under this subdivision. If the homeowner does not pay prior to the expiration of the three-day notice period, the homeowner shall remain liable for all payments due up until the time the tenancy is vacated.
(3)Payment by the legal owner, as defined in Section 18005.8 of the Health and Safety Code, any junior lienholder, as defined in Section 18005.3 of the Health and Safety Code, or the registered owner, as defined in Section 18009.5 of the Health and Safety Code, if other than the homeowner, on behalf of the homeowner prior to the expiration of 30 calendar days following the mailing of the notice to the legal owner, each junior lienholder, and the registered owner provided in subdivision (b) of Section 798.55, shall cure a default under this subdivision with respect to that payment.
(4)Cure of a default of rent, utility charges, or reasonable incidental service charges by the legal owner, any junior lienholder, or the registered owner, if other than the homeowner, as provided by this subdivision, may not be exercised more than twice during a 12-month period.
(5)If a homeowner has been given a three-day notice to pay the amount due or to vacate the tenancy on three or more occasions within the preceding 12-month period and each notice includes the provisions specified in paragraph (1), no written three-day notice shall be required in the case of a subsequent nonpayment of rent, utility charges, or reasonable incidental service charges.
In that event, the management shall give written notice to the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure to remove the mobilehome from the park within a period of not less than 60 days, which period shall be specified in the notice. A copy of this notice shall be sent to the legal owner, each junior lienholder, and the registered owner of the mobilehome, if other than the homeowner, as specified in paragraph subdivision (b) of Section 798.55, by certified or registered mail, return receipt requested, within 10 days after notice is sent to the homeowner.
(6)When a copy of the 60 days notice described in paragraph (5) is sent to the legal owner, each junior lienholder, and the registered owner of the mobilehome, if other than the homeowner, the default may be cured by any of them on behalf of the homeowner prior to the expiration of 30 calendar days following the mailing of the notice, if all of the following conditions exist:
(A)A copy of a three-day notice sent pursuant to subdivision (b) of Section 798.55 to a homeowner for the nonpayment of rent, utility charges, or reasonable incidental service charges was not sent to the legal owner, junior lienholder, or registered owner, of the mobilehome, if other than the homeowner, during the preceding 12-month period.
(B)The legal owner, junior lienholder, or registered owner of the mobilehome, if other than the homeowner, has not previously cured a default of the homeowner during the preceding 12-month period.
(C)The legal owner, junior lienholder, or registered owner, if other than the homeowner, is not a financial institution or mobilehome dealer.
If the default is cured by the legal owner, junior lienholder, or registered owner within the 30-day period, the notice to remove the mobilehome from the park described in paragraph (5) shall be rescinded.
(f)Condemnation of the park.
(g)Change of use of the park or any portion thereof, provided:
(1)The management gives the homeowners at least 60 days written notice that the management will be appearing before a local governmental board, commission, or body to request permits for a change of use of the mobilehome park.
(2)(A)After all required permits requesting a change of use have been approved by the local governmental board, commission, or body, the management shall give the homeowners six months or more written notice of termination of tenancy.
(B)If the change of use requires no local governmental permits, then notice shall be given 12 months or more prior to the managements determination that a change of use will occur. The management in the notice shall disclose and describe in detail the nature of the change of use.
(3)The management gives each proposed homeowner written notice thereof prior to the inception of the proposed homeowners tenancy that the management is requesting a change of use before local governmental bodies or that a change of use request has been granted.
(4)The notice requirements for termination of tenancy set forth in Sections 798.56 and 798.57 shall be followed if the proposed change actually occurs.
(5)A notice of a proposed change of use given prior to January 1, 1980, that conforms to the requirements in effect at that time shall be valid. The requirements for a notice of a proposed change of use imposed by this subdivision shall be governed by the law in effect at the time the notice was given.
(h)The report required pursuant to subdivisions (b) and (i) of Section 65863.7 of the Government Code shall be given to the homeowners or residents at the same time that notice is required pursuant to subdivision (g) of this section.
(i)A tenancy shall not be terminated pursuant to subdivision (e) or (g), and a notice of termination based thereon shall not be issued pursuant to Section 798.55 during the period of any suspension or expiration of the permit to operate the park, as required by Section 18506 of the Health and Safety Code, and may only occur after both of the following: unless the park has a valid permit to operate issued by the enforcement agency pursuant to Chapter 4 (commencing with Section 18500) of Part 2.1 of Division 13 of the Health and Safety Code.
(1)The violation that was the basis of the suspension or expiration has been corrected.(2)A valid permit to operate has been issued by the enforcement agency.(j)For purposes of this section, financial institution means a state or national bank, state or federal savings and loan association or credit union, or similar organization, and mobilehome dealer as defined in Section 18002.6 of the Health and Safety Code or any other organization that, as part of its usual course of business, originates, owns, or provides loan servicing for loans secured by a mobilehome.
(k)This section shall become operative on February 1, 2025.
A tenancy shall be terminated by the management only for one or more of the following reasons:
(a)Failure of the homeowner or resident to comply with a local ordinance or state law or regulation relating to mobilehomes within a reasonable time after the homeowner receives a notice of noncompliance from the appropriate governmental agency.
(b)Conduct by the homeowner or resident, upon the park premises, that constitutes a substantial annoyance to other homeowners or residents.
(c)(1)Conviction of the homeowner or resident for prostitution, for a violation of subdivision (d) of Section 243, paragraph (2) of subdivision (a), or subdivision (b), of Section 245, Section 288, or Section 451, of the Penal Code, or a felony controlled substance offense, if the act resulting in the conviction was committed anywhere on the premises of the mobilehome park, including, but not limited to, within the homeowners mobilehome.
(2)However, the tenancy may not be terminated for the reason specified in this subdivision if the person convicted of the offense has permanently vacated, and does not subsequently reoccupy, the mobilehome.
(d)Failure of the homeowner or resident to comply with a reasonable rule or regulation of the park that is part of the rental agreement or any amendment thereto.
No act or omission of the homeowner or resident shall constitute a failure to comply with a reasonable rule or regulation unless and until the management has given the homeowner written notice of the alleged rule or regulation violation and the homeowner or resident has failed to adhere to the rule or regulation within seven days. However, if a homeowner has been given a written notice of an alleged violation of the same rule or regulation on three or more occasions within a 12-month period after the homeowner or resident has violated that rule or regulation, no written notice shall be required for a subsequent violation of the same rule or regulation.
Nothing in this subdivision shall relieve the management from its obligation to demonstrate that a rule or regulation has in fact been violated.
(e)(1)Except as provided for in the COVID-19 Tenant Relief Act of 2020 (Chapter 5 (commencing with Section 1179.01) of Title 3 of Part 3 of the Code of Civil Procedure), nonpayment of rent, utility charges, or reasonable incidental service charges; provided that the
amount due has been unpaid for a period of at least five days from its due date, and provided that the homeowner shall be given a three-day written notice subsequent to that five-day period to pay the amount due or to vacate the tenancy. For purposes of this subdivision, the five-day period does not include the date the payment is due. The three-day written notice shall be given to the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure. A copy of this notice shall be sent to the persons or entities specified in subdivision (b) of Section 798.55 within 10 days after notice is delivered to the homeowner. If the homeowner cures the default, the notice need not be sent. The notice may be given at the same time as the 60 days notice required for termination of the tenancy. A three-day notice given pursuant to this subdivision shall contain the following provisions printed in at least 12-point boldface type at the top of the notice, with the appropriate number written in the
blank:
Warning: This notice is the (insert number) three-day notice for nonpayment of rent, utility charges, or other reasonable incidental services that has been served upon you in the last 12 months. Pursuant to Civil Code Section 798.56 (e) (5), if you have been given a three-day notice to either pay rent, utility charges, or other reasonable incidental services or to vacate your tenancy on three or more occasions within a 12-month period, management is not required to give you a further three-day period to pay rent or vacate the tenancy before your tenancy can be terminated.
(2)Payment by the homeowner prior to the expiration of the three-day notice period shall cure a default under this subdivision. If the homeowner does not pay prior to the expiration of the three-day notice period, the homeowner shall remain liable for all payments due up until the time the tenancy is vacated.
(3)Payment by the legal owner, as defined in Section 18005.8 of the Health and Safety Code, any junior lienholder, as defined in Section 18005.3 of the Health and Safety Code, or the registered owner, as defined in Section 18009.5 of the Health and Safety Code, if other than the homeowner, on behalf of the homeowner prior to the expiration of 30 calendar days following the mailing of the notice to the legal owner, each junior lienholder, and the registered owner provided in subdivision (b) of Section 798.55, shall cure a default under this subdivision with respect to that payment.
(4)Cure of a default of rent, utility charges, or reasonable incidental service charges by the legal owner, any junior lienholder, or the registered owner, if other than the homeowner, as provided by this subdivision, may not be exercised more than twice during a 12-month period.
(5)If a homeowner has been given a three-day notice to pay the amount due or to vacate the tenancy on three or more occasions within the preceding 12-month period and each notice includes the provisions specified in paragraph (1), no written three-day notice shall be required in the case of a subsequent nonpayment of rent, utility charges, or reasonable incidental service charges.
In that event, the management shall give written notice to the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure to remove the mobilehome from the park within a period of not less than 60 days, which period shall be specified in the notice. A copy of this notice shall be sent to the legal owner, each junior lienholder, and the registered owner of the mobilehome, if other than the homeowner, as specified in paragraph (b) of Section 798.55, by certified or registered mail, return receipt requested, within 10 days after notice is sent to the homeowner.
(6)When a copy of the 60 days notice described in paragraph (5) is sent to the legal owner, each junior lienholder, and the registered owner of the mobilehome, if other than the homeowner, the default may be cured by any of them on behalf of the homeowner prior to the expiration of 30 calendar days following the mailing of the notice, if all of the following conditions exist:
(A)A copy of a three-day notice sent pursuant to subdivision (b) of Section 798.55 to a homeowner for the nonpayment of rent, utility charges, or reasonable incidental service charges was not sent to the legal owner, junior lienholder, or registered owner, of the mobilehome, if other than the homeowner, during the preceding 12-month period.
(B)The legal owner, junior lienholder, or registered owner of the mobilehome, if other than the homeowner, has not previously cured a default of the homeowner during the preceding 12-month period.
(C)The legal owner, junior lienholder, or registered owner, if other than the homeowner, is not a financial institution or mobilehome dealer.
If the default is cured by the legal owner, junior lienholder, or registered owner within the 30-day period, the notice to remove the mobilehome from the park described in paragraph (5) shall be rescinded.
(f)Condemnation of the park.
(g)Change of use of the park or any portion thereof, provided:
(1)The management gives the homeowners at least 60 days written notice that the management will be appearing before a local governmental board, commission, or body to request permits for a change of use of the mobilehome park.
(2)(A)After all required permits requesting a change of use have been approved by the local governmental board, commission, or body, the management shall give the homeowners six months or more written notice of termination of tenancy.
(B)If the change of use requires no local governmental permits, then notice shall be given 12 months or more prior to the managements determination that a change of use will occur. The management in the notice shall disclose and describe in detail the nature of the change of use.
(3)The management gives each proposed homeowner written notice thereof prior to the inception of the proposed homeowners tenancy that the management is requesting a change of use before local governmental bodies or that a change of use request has been granted.
(4)The notice requirements for termination of tenancy set forth in this section and Section 798.57 shall be followed if the proposed change actually occurs.
(5)A notice of a proposed change of use given prior to January 1, 1980, that conforms to the requirements in effect at that time shall be valid. The requirements for a notice of a proposed change of use imposed by this subdivision shall be governed by the law in effect at the time the notice was given.
(h)The report required pursuant to subdivisions (b) and (i) of Section 65863.7 of the Government Code shall be given to the homeowners or residents at the same time that notice is required pursuant to subdivision (g) of this section.
(i)A tenancy shall not be terminated pursuant to subdivision (e) or (g), and a notice of termination based thereon shall not be issued pursuant to Section 798.55 during the period of any suspension or expiration of the permit to operate the park, as required by Section 18506 of the Health and Safety Code, and may only occur after both of the following:
(1)The violation that was the basis of the suspension or expiration has been corrected.
(2)A valid permit to operate has been issued by the enforcement agency.
(i)(j)For purposes of this section, financial institution means a state or national bank, state or federal savings and loan association or credit union, or similar organization, and mobilehome dealer as defined in Section 18002.6 of the Health and Safety Code or any other organization that, as part of its usual course of business, originates, owns, or provides loan servicing for loans secured by a mobilehome.
(j)(k)This section remain in effect until February 1, 2025, and as of that date is repealed.
SEC. 2.Section 798.56 of the Civil Code, as amended by Section 3 of Chapter 360 of the Statutes of 2021, is amended to read:798.56.A tenancy shall be terminated by the management only for one or more of the following reasons:
(a)Failure of the homeowner or resident to comply with a local ordinance or state law or regulation relating to mobilehomes within a reasonable time after the homeowner receives a notice of noncompliance from the appropriate governmental agency.
(b)Conduct by the homeowner or resident, upon the park premises, that constitutes a substantial annoyance to other homeowners or residents.
(c)(1)Conviction of the homeowner or resident for prostitution, for a violation of subdivision (d) of Section 243, paragraph (2) of subdivision (a), or subdivision (b), of Section 245, Section 288, or Section 451, of the Penal Code, or a felony controlled substance offense, if the act resulting in the conviction was committed anywhere on the premises of the mobilehome park, including, but not limited to, within the homeowners mobilehome.
(2)However, the tenancy may not be terminated for the reason specified in this subdivision if the person convicted of the offense has permanently vacated, and does not subsequently reoccupy, the mobilehome.
(d)Failure of the homeowner or resident to comply with a reasonable rule or regulation of the park that is part of the rental agreement or any amendment thereto.
No act or omission of the homeowner or resident shall constitute a failure to comply with a reasonable rule or regulation unless and until the management has given the homeowner written notice of the alleged rule or regulation violation and the homeowner or resident has failed to adhere to the rule or regulation within seven days. However, if a homeowner has been given a written notice of an alleged violation of the same rule or regulation on three or more occasions within a 12-month period after the homeowner or resident has violated that rule or regulation, no written notice shall be required for a subsequent violation of the same rule or regulation.
Nothing in this subdivision shall relieve the management from its obligation to demonstrate that a rule or regulation has in fact been violated.
(e)(1)Nonpayment of rent, utility charges, or reasonable incidental service charges; provided that the amount due has been unpaid for a period of at least five days from its due date, and provided that the homeowner shall be given a three-day written notice subsequent to that five-day period to pay the amount due or to vacate the tenancy. For purposes of this subdivision, the five-day period does not include the date the payment is due. The three-day written notice shall be given to the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure. A copy of this notice shall be sent to the persons or entities specified in subdivision (b) of Section 798.55 within 10 days after notice is delivered to the homeowner. If the homeowner cures the default, the notice need not be sent. The notice may be given at the same time as the 60 days notice required for termination of the tenancy. A three-day notice given pursuant to this subdivision shall contain the following provisions printed in at least 12-point boldface type at the top of the notice, with the appropriate number written in the blank:
Warning: This notice is the (insert number) three-day notice for nonpayment of rent, utility charges, or other reasonable incidental services that has been served upon you in the last 12 months. Pursuant to Civil Code Section 798.56 (e) (5), if you have been given a three-day notice to either pay rent, utility charges, or other reasonable incidental services or to vacate your tenancy on three or more occasions within a 12-month period, management is not required to give you a further three-day period to pay rent or vacate the tenancy before your tenancy can be terminated.
(2)Payment by the homeowner prior to the expiration of the three-day notice period shall cure a default under this subdivision. If the homeowner does not pay prior to the expiration of the three-day notice period, the homeowner shall remain liable for all payments due up until the time the tenancy is vacated.
(3)Payment by the legal owner, as defined in Section 18005.8 of the Health and Safety Code, any junior lienholder, as defined in Section 18005.3 of the Health and Safety Code, or the registered owner, as defined in Section 18009.5 of the Health and Safety Code, if other than the homeowner, on behalf of the homeowner prior to the expiration of 30 calendar days following the mailing of the notice to the legal owner, each junior lienholder, and the registered owner provided in subdivision (b) of Section 798.55, shall cure a default under this subdivision with respect to that payment.
(4)Cure of a default of rent, utility charges, or reasonable incidental service charges by the legal owner, any junior lienholder, or the registered owner, if other than the homeowner, as provided by this subdivision, may not be exercised more than twice during a 12-month period.
(5)If a homeowner has been given a three-day notice to pay the amount due or to vacate the tenancy on three or more occasions within the preceding 12-month period and each notice includes the provisions specified in paragraph (1), no written three-day notice shall be required in the case of a subsequent nonpayment of rent, utility charges, or reasonable incidental service charges.
In that event, the management shall give written notice to the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure to remove the mobilehome from the park within a period of not less than 60 days, which period shall be specified in the notice. A copy of this notice shall be sent to the legal owner, each junior lienholder, and the registered owner of the mobilehome, if other than the homeowner, as specified in paragraph (b) of Section 798.55, by certified or registered mail, return receipt requested, within 10 days after notice is sent to the homeowner.
(6)When a copy of the 60 days notice described in paragraph (5) is sent to the legal owner, each junior lienholder, and the registered owner of the mobilehome, if other than the homeowner, the default may be cured by any of them on behalf of the homeowner prior to the expiration of 30 calendar days following the mailing of the notice, if all of the following conditions exist:
(A)A copy of a three-day notice sent pursuant to subdivision (b) of Section 798.55 to a homeowner for the nonpayment of rent, utility charges, or reasonable incidental service charges was not sent to the legal owner, junior lienholder, or registered owner, of the mobilehome, if other than the homeowner, during the preceding 12-month period.
(B)The legal owner, junior lienholder, or registered owner of the mobilehome, if other than the homeowner, has not previously cured a default of the homeowner during the preceding 12-month period.
(C)The legal owner, junior lienholder, or registered owner, if other than the homeowner, is not a financial institution or mobilehome dealer.
If the default is cured by the legal owner, junior lienholder, or registered owner within the 30-day period, the notice to remove the mobilehome from the park described in paragraph (5) shall be rescinded.
(f)Condemnation of the park.
(g)Change of use of the park or any portion thereof, provided:
(1)The management gives the homeowners at least 60 days written notice that the management will be appearing before a local governmental board, commission, or body to request permits for a change of use of the mobilehome park.
(2)(A)After all required permits requesting a change of use have been approved by the local governmental board, commission, or body, the management shall give the homeowners six months or more written notice of termination of tenancy.
(B)If the change of use requires no local governmental permits, then notice shall be given 12 months or more prior to the managements determination that a change of use will occur. The management in the notice shall disclose and describe in detail the nature of the change of use.
(3)The management gives each proposed homeowner written notice thereof prior to the inception of the proposed homeowners tenancy that the management is requesting a change of use before local governmental bodies or that a change of use request has been granted.
(4)The notice requirements for termination of tenancy set forth in Sections 798.56 and 798.57 shall be followed if the proposed change actually occurs.
(5)A notice of a proposed change of use given prior to January 1, 1980, that conforms to the requirements in effect at that time shall be valid. The requirements for a notice of a proposed change of use imposed by this subdivision shall be governed by the law in effect at the time the notice was given.
(h)The report required pursuant to subdivisions (b) and (i) of Section 65863.7 of the Government Code shall be given to the homeowners or residents at the same time that notice is required pursuant to subdivision (g) of this section.
(i)A tenancy shall not be terminated pursuant to subdivision (e) or (g), and a notice of termination based thereon shall not be issued pursuant to Section 798.55 during the period of any suspension or expiration of the permit to operate the park, as required by Section 18506 of the Health and Safety Code, and may only occur after both of the following:
(1)The violation that was the basis of the suspension or expiration has been corrected.
(2)A valid permit to operate has been issued by the enforcement agency.
(i)(j)For purposes of this section, financial institution means a state or national bank, state or federal savings and loan association or credit union, or similar organization, and mobilehome dealer as defined in Section 18002.6 of the Health and Safety Code or any other organization that, as part of its usual course of business, originates, owns, or provides loan servicing for loans secured by a mobilehome.
(j)(k)This section shall become operative on February 1, 2025.
SECTION 1.Section 18116.1 of the Health and Safety Code is amended to read:18116.1.(a)Nonpayment of the fees and penalties provided for in Sections 18114, 18114.1, and 18115, and in subdivisions (a), (b), (c), and (d) of Section 18116 that are due on a mobilehome, manufactured home, commercial coach, truck camper, or floating home shall constitute a lien in favor of the State of California in the amount owing.(b)Notwithstanding any other provision of law, the lien provided for in subdivision (a) shall include all fees and penalties due and unpaid beginning with the fees for original registration that became delinquent for 120 days or more and continue to accrue to include all fees and penalties that subsequently become due and remain unpaid.(c)Until the amount of a lien provided for in subdivision (a) or (b) is paid to the department, the department shall not do either of the following:(1)Amend the permanent title record of the manufactured home, mobilehome, commercial coach, truck camper, or floating home which is the subject of the lien for the purpose of transferring any ownership interest or transferring or creating any security interest in the manufactured home, mobilehome, commercial coach, truck camper, or floating home.(2)Issue any duplicate, substitute, or new certificate of title, registration card, or copy of a registration card with respect to the manufactured home, mobilehome, commercial coach, truck camper, or floating home which is the subject of the lien.(d)(1)When application is made to the department for registration or transfer of registration of a manufactured home or mobilehome, and the applicant is not currently the registered owner, pursuant to the Register Your Mobilehome Program operated by the department in accordance with this subdivision, with respect to all charges assessed by the department prior to the date the title or interest in the manufactured home or mobilehome was transferred to the applicant, the department shall release any lien imposed pursuant to this chapter and waive all outstanding charges assessed by the department, if all of the following requirements are met:(A)The applicant provides documentation demonstrating to the satisfaction of the department ownership and the date of acquisition of ownership interest pursuant to Section 18100.5 or 18102.5.(B)The applicant, or a previous owner, did not take ownership interest on or after January 1, 2017, pursuant to a warehousemans lien.(C)The application is made on or after January 1, 2025, and before January 1, 2028.(D)The applicant pays any charges assessed by the department during the period between the time the applicant took ownership interest or December 31, 2015, whichever is later, and the time the applicant applies for relief pursuant to this subdivision.(E)The applicant has not previously filed for relief pursuant to this subdivision.(F)Any lien pursuant to Section 16182 of the Government Code has been satisfied.(2)If the applicant meets the requirements of paragraph (1) and the other requirements of this chapter not related to nonpayment or late payment of the departments charges, fees, and penalties related to registration and titling, the department shall waive the outstanding charges, fees, or penalties identified in paragraph (1), amend the title record, and issue a duplicate, substitute, or new certificate of title, registration card, or copy of a registration card with respect to the manufactured home or mobilehome, in conformance with this chapter.(3)For purposes of any amounts owing pursuant to this subdivision, the department may establish a long term payment program of up to five years. The department may provide that any amounts owing under the payment program shall constitute a lien in favor of the State of California in the amount owing and shall be paid in full if the manufactured home or mobilehome is subsequently transferred. Failure to make the payments required by the plan is a violation of this chapter for which the department may suspend, revoke, or cancel the certificate of title pursuant to Section 18122.(4)(A)If the manufactured home or mobilehome for which an application has been submitted and approved pursuant to this subdivision and the other requirements of this chapter not related to nonpayment or late payment of the departments charges, fees, and penalties related to registration and titling, is subject to local property taxation, the department shall issue a conditional transfer of title.(B)Upon presentation of a completed tax liability certificate as provided in subdivision (f) of Section 5832 of the Revenue and Taxation Code, if the applicant meets all of the requirements of this section and the other requirements of this chapter not related to nonpayment or late payment of the departments charges, fees, and penalties related to registration and titling, and the requirements of paragraph (2) are met, the department shall amend the title record and issue a duplicate, substitute, or new certificate of title.(e)On or before July 1, 2021, the department shall publish an analysis of manufactured home and mobilehome registration that came into compliance through the Register Your Mobilehome Program pursuant to subdivision (d). The analysis shall include whether each unit is subject to an in-lieu tax or to local property taxation, and the number of units for which a waiver of taxes assessed by the department prior to the transfer of title of the manufactured home or mobilehome was requested.SEC. 2.Section 18550.1 of the Health and Safety Code is amended to read:18550.1.On and after January 1, 2028, it is unlawful for any person to use for occupancy any manufactured home or mobilehome, wherever the manufactured home or mobilehome is located, that does not conform to the registration requirements of the department, provided that the department has provided notice to the occupant of the registration requirements and any registration fees due.SEC. 3.Section 5832 of the Revenue and Taxation Code is amended to read:5832.(a)(1)Upon application, the county tax collector shall issue a tax clearance certificate or a conditional tax clearance certificate.(2)Any tax clearance certificate issued shall be used to permit registration of used manufactured homes and for any other purposes that may be prescribed by the Controller. The certificate may indicate that the county tax collector finds that no local property tax is due or is likely to become due, or that any applicable local property taxes have been paid or are to be paid in a manner not requiring the withholding of registration or the transfer of registration.(3)Any conditional tax clearance certificate issued shall indicate that the county tax collector finds that a tax liability exists, the amount due, and the final date that amount may be paid before a further tax liability is incurred. The certificate shall be in any form that the Controller may prescribe, and shall be executed, issued, and accepted for clearance of registration or permit issuance on the conditions which the Controller may prescribe.(b)Within five working days of receipt of the written demand for a conditional tax clearance certificate or tax clearance certificate, the county tax collector shall forward the conditional tax clearance certificate or tax clearance certificate, showing no tax liability exists, to the requesting escrow officer. In the event the final due date of the tax clearance certificate or conditional tax clearance certificate expires within 30 days of the date of its issuance, an additional conditional tax clearance certificate or tax clearance certificate shall be completed, which has a final due date of at least 30 days beyond the date of issuance. The tax collector shall not charge a fee for the issuance of a certificate unless a previously issued tax clearance certificate or conditional tax clearance certificate expires prior to the date upon which title transfers. The fee for the issuance of a subsequent certificate with respect to that manufactured home shall be an amount equal to the actual costs of preparing and processing that certificate.(c)If the tax collector fails to comply with the demand within 30 days from the date the demand is mailed, the escrow officer may close the escrow in accordance with the provisions of subdivision (m) of Section 18035 of the Health and Safety Code.(d)Notwithstanding any provisions of law requiring the tax collector to issue a tax clearance certificate or conditional tax clearance certificate within a specified period of time, when an escrow information demand is made pursuant to Section 18035 of the Health and Safety Code for a manufactured home that has not been enrolled in the county, the tax collector shall be afforded the number of working days necessary for the assessor to determine the value of the manufactured home and for the auditor to extend tax liability.(e)The issuance, alteration, forgery, or use of any tax clearance certificate or conditional certificate in a manner contrary to the requirements of the Controller constitutes a misdemeanor.(f)(1)Prior to January 1, 2028, a person with a conditional transfer of title as described in subparagraph (A) of paragraph (4) of subdivision (d) of Section 18116.1 of the Health and Safety Code may apply to the tax collector to issue either a tax liability or tax clearance certificate. The county tax collector shall issue a tax liability certificate if the person pays the taxes reasonably owed from the date of sale as shown on the conditional transfer of title, without penalties or interest, and not to exceed the amounts attributable one year prior to January 1, 2017.(2)Upon issuance of a tax clearance or liability certificate, the applicant shall be listed as the owner of record for all local property tax purposes and the home shall not be subject to lien or seizure based on any taxes, penalties, or interest as noted on the certificate issued pursuant to paragraph (1). The tax collector shall notify the assessor and other county agencies of the change.(3)This subdivision does not relieve any owner other than the applicant from tax liability, including penalties and interest, arising from nonpayment prior to the date of sale, or prohibit a county tax collector from collecting delinquent taxes, penalties, or interest due prior to the date of sale, from any owner other than the applicant.SEC. 4.The Legislature finds and declares that the abatement of taxes, penalties, and interest incurred prior to the date of sale of a mobilehome or manufactured home to an applicant, as described in this act, serves a public purpose and does not constitute a gift of public funds within the meaning of Section 6 of Article XVI of the California Constitution.SEC. 5.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SEC. 6.Notwithstanding Section 2229 of the Revenue and Taxation Code, no appropriation is made by this act and the state shall not reimburse any local agency for any property tax revenues lost by it pursuant to this act.(a)Nonpayment of the fees and penalties provided for in Sections 18114, 18114.1, and 18115, and in subdivisions (a), (b), (c), and (d) of Section 18116 that are due on a mobilehome, manufactured home, commercial coach, truck camper, or floating home shall constitute a lien in favor of the State of California in the amount owing.
(b)Notwithstanding any other provision of law, the lien provided for in subdivision (a) shall include all fees and penalties due and unpaid beginning with the fees for original registration that became delinquent for 120 days or more and continue to accrue to include all fees and penalties that subsequently become due and remain unpaid.
(c)Until the amount of a lien provided for in subdivision (a) or (b) is paid to the department, the department shall not do either of the following:
(1)Amend the permanent title record of the manufactured home, mobilehome, commercial coach, truck camper, or floating home which is the subject of the lien for the purpose of transferring any ownership interest or transferring or creating any security interest in the manufactured home, mobilehome, commercial coach, truck camper, or floating home.
(2)Issue any duplicate, substitute, or new certificate of title, registration card, or copy of a registration card with respect to the manufactured home, mobilehome, commercial coach, truck camper, or floating home which is the subject of the lien.
(d)(1)When application is made to the department for registration or transfer of registration of a manufactured home or mobilehome, and the applicant is not currently the registered owner, pursuant to the Register Your Mobilehome Program operated by the department in accordance with this subdivision, with respect to all charges assessed by the department prior to the date the title or interest in the manufactured home or mobilehome was transferred to the applicant, the department shall release any lien imposed pursuant to this chapter and waive all outstanding charges assessed by the department, if all of the following requirements are met:
(A)The applicant provides documentation demonstrating to the satisfaction of the department ownership and the date of acquisition of ownership interest pursuant to Section 18100.5 or 18102.5.
(B)The applicant, or a previous owner, did not take ownership interest on or after January 1, 2017, pursuant to a warehousemans lien.
(C)The application is made prior to December 31, 2020. on or after January 1, 2025, and before January 1, 2028.
(D)The applicant pays any charges assessed by the department during the period between the time the applicant took ownership interest or December 31, 2015, whichever is later, and the time the applicant applies for relief pursuant to this subdivision.
(E)The applicant has not previously filed for relief pursuant to this subdivision.
(F)Any lien pursuant to Section 16182 of the Government Code has been satisfied.
(2)If the applicant meets the requirements of paragraph (1) and the other requirements of this chapter not related to nonpayment or late payment of the departments charges, fees, and penalties related to registration and titling, the department shall waive the outstanding charges, fees, or penalties identified in paragraph (1), amend the title record, and issue a duplicate, substitute, or new certificate of title, registration card, or copy of a registration card with respect to the manufactured home or mobilehome, in conformance with this chapter.
(3)For purposes of any amounts owing pursuant to this subdivision, the department may establish a long term payment program of up to five years. The department may provide that any amounts owing under the payment program shall constitute a lien in favor of the State of California in the amount owing and shall be paid in full if the manufactured home or mobilehome is subsequently transferred. Failure to make the payments required by the plan is a violation of this chapter for which the department may suspend, revoke, or cancel the certificate of title pursuant to Section 18122.
(4)(A)If the manufactured home or mobilehome for which an application has been submitted and approved pursuant to this subdivision and the other requirements of this chapter not related to nonpayment or late payment of the departments charges, fees, and penalties related to registration and titling, is subject to local property taxation, the department shall issue a conditional transfer of title.
(B)Upon presentation of a completed tax liability certificate as provided in subdivision (f) of Section 5832 of the Revenue and Taxation Code, if the applicant meets all of the requirements of this section and the other requirements of this chapter not related to nonpayment or late payment of the departments charges, fees, and penalties related to registration and titling, and the requirements of paragraph (2) are met, the department shall amend the title record and issue a duplicate, substitute, or new certificate of title.
(e)On or before July 1, 2021, the department shall publish an analysis of manufactured home and mobilehome registration that came into compliance through the Register Your Mobilehome Program pursuant to subdivision (d). The analysis shall include whether each unit is subject to an in-lieu tax or to local property taxation, and the number of units for which a waiver of taxes assessed by the department prior to the transfer of title of the manufactured home or mobilehome was requested.
SEC. 2.Section 18550.1 of the Health and Safety Code is amended to read:18550.1.On and after January 1, 2021, 2028, it is unlawful for any person to use for occupancy any manufactured home or mobilehome, wherever the manufactured home or mobilehome is located, that does not conform to the registration requirements of the department, provided that the department has provided notice to the occupant of the registration requirements and any registration fees due.
SEC. 3.Section 5832 of the Revenue and Taxation Code is amended to read:5832.(a)(1)Upon application, the county tax collector shall issue a tax clearance certificate or a conditional tax clearance certificate.
(2)Any tax clearance certificate issued shall be used to permit registration of used manufactured homes and for any other purposes that may be prescribed by the Controller. The certificate may indicate that the county tax collector finds that no local property tax is due or is likely to become due, or that any applicable local property taxes have been paid or are to be paid in a manner not requiring the withholding of registration or the transfer of registration.
(3)Any conditional tax clearance certificate issued shall indicate that the county tax collector finds that a tax liability exists, the amount due, and the final date that amount may be paid before a further tax liability is incurred. The certificate shall be in any form that the Controller may prescribe, and shall be executed, issued, and accepted for clearance of registration or permit issuance on the conditions which the Controller may prescribe.
(b)Within five working days of receipt of the written demand for a conditional tax clearance certificate or tax clearance certificate, the county tax collector shall forward the conditional tax clearance certificate or tax clearance certificate, showing no tax liability exists, to the requesting escrow officer. In the event the final due date of the tax clearance certificate or conditional tax clearance certificate expires within 30 days of the date of its issuance, an additional conditional tax clearance certificate or tax clearance certificate shall be completed, which has a final due date of at least 30 days beyond the date of issuance. The tax collector shall not charge a fee for the issuance of a certificate unless a previously issued tax clearance certificate or conditional tax clearance certificate expires prior to the date upon which title transfers. The fee for the issuance of a subsequent certificate with respect to that manufactured home shall be an amount equal to the actual costs of preparing and processing that certificate.
(c)If the tax collector fails to comply with the demand within 30 days from the date the demand is mailed, the escrow officer may close the escrow in accordance with the provisions of subdivision (m) of Section 18035 of the Health and Safety Code.
(d)Notwithstanding any provisions of law requiring the tax collector to issue a tax clearance certificate or conditional tax clearance certificate within a specified period of time, when an escrow information demand is made pursuant to Section 18035 of the Health and Safety Code for a manufactured home that has not been enrolled in the county, the tax collector shall be afforded the number of working days necessary for the assessor to determine the value of the manufactured home and for the auditor to extend tax liability.
(e)The issuance, alteration, forgery, or use of any tax clearance certificate or conditional certificate in a manner contrary to the requirements of the Controller constitutes a misdemeanor.
(f)(1)Prior to January 1, 2021, 2028, a person with a conditional transfer of title as described in subparagraph (A) of paragraph (4) of subdivision (d) of Section 18116.1 of the Health and Safety Code may apply to the tax collector to issue either a tax liability or tax clearance certificate. The county tax collector shall issue a tax liability certificate if the person pays the taxes reasonably owed from the date of sale as shown on the conditional transfer of title, without penalties or interest, and not to exceed the amounts attributable one year prior to January 1, 2017.
(2)Upon issuance of a tax clearance or liability certificate, the applicant shall be listed as the owner of record for all local property tax purposes and the home shall not be subject to lien or seizure based on any taxes, penalties, or interest as noted on the certificate issued pursuant to paragraph (1). The tax collector shall notify the assessor and other county agencies of the change.
(3)This subdivision does not relieve any owner other than the applicant from tax liability, including penalties and interest, arising from nonpayment prior to the date of sale, or prohibit a county tax collector from collecting delinquent taxes, penalties, or interest due prior to the date of sale, from any owner other than the applicant.
SEC. 4.The Legislature finds and declares that the abatement of taxes, penalties, and interest incurred prior to the date of sale of a mobilehome or manufactured home to an applicant, as described in this act, serves a public purpose and does not constitute a gift of public funds within the meaning of Section 6 of Article XVI of the California Constitution.
SEC. 5.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 6.Notwithstanding Section 2229 of the Revenue and Taxation Code, no appropriation is made by this act and the state shall not reimburse any local agency for any property tax revenues lost by it pursuant to this act.
|
Date
|
Status
|
|---|---|
| Sep 22, 2024 | Chaptered by Secretary of State - Chapter 395, Statutes of 2024. |
| Sep 22, 2024 | Approved by the Governor. |
| Sep 9, 2024 | Enrolled and presented to the Governor at 3:30 p.m. |
| Aug 28, 2024 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0.). |
| Aug 28, 2024 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 30 pursuant to Assembly Rule 77. |
| Aug 28, 2024 | Assembly Rule 77 suspended. |
| Aug 27, 2024 | Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0.). |
| Aug 22, 2024 | Read second time. Ordered to third reading. |
| Aug 21, 2024 | Read third time and amended. Ordered to second reading. |
| Aug 19, 2024 | Read second time. Ordered to third reading. |
| Aug 15, 2024 | From committee: Do pass. (Ayes 7. Noes 0.) (August 15). |
| Jun 24, 2024 | In committee: Referred to suspense file. |
| Jun 12, 2024 | From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 11. Noes 0.) (June 11). Re-referred to Com. on APPR. |
| May 29, 2024 | Referred to Com. on JUD. |
| May 16, 2024 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 16, 2024 | Read third time. Passed. Ordered to the Senate. (Ayes 71. Noes 0.) |
| May 9, 2024 | Read second time. Ordered to Consent Calendar. |
| May 8, 2024 | From committee: Do pass. To Consent Calendar. (Ayes 15. Noes 0.) (May 8). |
| Apr 24, 2024 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 9. Noes 0.) (April 24). Re-referred to Com. on APPR. |
| Mar 11, 2024 | Re-referred to Com. on H. & C.D. |
| Mar 7, 2024 | From committee chair, with author's amendments: Amend, and re-refer to Com. on H. & C.D. Read second time and amended. |
| Feb 26, 2024 | Referred to Com. on H. & C.D. |
| Feb 13, 2024 | From printer. May be heard in committee March 14. |
| Feb 12, 2024 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 28, 2024 | AB 2373 Rendon Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 27, 2024 | Assembly 3rd Reading AB2373 Rendon By Roth | Senate Floor |
Passed |
|
| Aug 15, 2024 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 24, 2024 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 11, 2024 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Judiciary |
Passed |
|
| May 16, 2024 | AB 2373 Rendon Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| May 8, 2024 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 24, 2024 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Housing and Community Development |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Golden State Manufactured-home Owners League, Inc. | ** Support | |
| Western Center on Law & Poverty, INC. | ** Support |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 2373
Author:(Rendon)
As Amended Ver:August 21, 2024
Majority vote
SUMMARY
Limits the ability of mobilehome park management to terminate a tenancy for nonpayment or for a change of park use unless the park has a valid permit to operate issued by the enforcement agency.
Senate Amendments
- Clarify that park management may not terminate a tenancy for nonpayment or for a change of park use unless the park has a valid permit to operate issued by the enforcement agency, rather than during the period of any suspension or expiration of the permit to operate.
COMMENTS
Background: More than one million people live in California's approximately 4,500 mobilehome parks. Mobilehomes are not truly mobile, in that it is often cost prohibitive to relocate them. The cost to move a mobilehome ranges from $2,000 to upwards of $20,000 depending on the size of the home and the distance traveled. A mobilehome owner whose home is located in a mobilehome park does not own the land the unit sits on, and must pay rent and fees for the land and any community spaces to their parkowner, unless the park is collectively owned by the residents, in which case the resident organization operates like a homeowners association.
The Mobilehome Residency Law (MRL) extensively regulates the relationship between landlords and homeowners who occupy a mobilehome park. A limited number of provisions also apply to residents who rent, as opposed to own, their mobilehome. The MRL has two parts: Articles 1 through 8 apply to most mobilehome parks and Article 9 applies to resident-owned parks or parks which are established as a subdivision, cooperative or condominium. The provisions cover many issues, including, but not limited to: 1) the rental and lease contract terms and specific conditions of receipt and delivery of written leases, park rules and regulations, and other mandatory notices; 2) mandatory notice and amendment procedures for mobilehome park rules and regulations; 3) mandatory notice of fees and charges, and increases or changes in them; and 4) specified conditions governing mobilehome park evictions. A dispute that arises regarding the MRL generally must be resolved in a civil court of competent jurisdiction.
The Department of Housing and Community Development (HCD) oversees several areas of mobilehome law, including health and safety standards, registration and titling of mobilehomes and parks, and, through the Mobilehome Ombudsman, assists the public with questions or problems associated with various aspects of mobilehome law. The Mobilehome Ombudsman provides assistance by taking complaints and helping to resolve and coordinate the resolution of those complaints. However, the Ombudsman does not have enforcement authority for the MRL, and cannot arbitrate, mediate, negotiate, or provide legal advice on mobilehome park rent disputes, lease or rental agreements, but may provide general information on these issues. The Mobilehome Residency Law Protection Program at HCD also intakes resident complaints regarding alleged violations of the MRL and refers complaints to legal service providers.
Mobilehome Parks Act (MPA): The MPA requires HCD to regulate mobilehome parks to assure protection of the health, safety, and general welfare of all mobilehome park residents. Local agencies have the option of assuming enforcement authority of the MPA within their jurisdiction through agreement with HCD. Among these enforcement duties is performing health and safety inspections of parks.
The MPA also requires each mobilehome park to pay an annual fee and obtain a permit to operate from either HCD or the local enforcement agency. Operating permits last for a year and the enforcement agency has the ability to suspend an operating permit in the event of substandard conditions at the park or other violations of the MPA. If a mobilehome park or an individual park resident is found to be in violation of the MPA, the law requires the enforcement agency to promptly issue a notice to correct the violation or violations identified in the agency's inspection to the park owner or operator, or to the registered owner of the mobilehome.
If the park owner or operator does not correct the violations or otherwise violates the terms of their operating permit, the enforcement agency must notify the permit holder of the specific terms or provisions they are violating, and provide a 30-day window for the permittee to come into compliance. If the 30 days elapses with no compliance, the enforcement agency can suspend the permit to operate. Current law declares it unlawful for any person to operate a park without a valid permit, but the author points to instances in their district of park management with suspended park permits raising rents on park residents and performing evictions in violation of this provision.
This bill would incorporate into the MRL an explicit prohibition on park management terminating a tenancy for nonpayment or for a change of park use unless the park has a valid permit to operate lawfully issued by the enforcement agency.
According to the Author
"Californians living in mobile homes tend to be older, lower-income, immigrants, and/or people of color. This is a disadvantaged population that needs and deserves greater eviction protections from the state of California. By ensuring that mobile home park owners have valid, up-to-date permits and are in good legal standing before they begin initiating eviction proceedings against tenants, this bill will hold management accountable, while offering a new level of protection for mobile home residents."
Arguments in Support
According to the Western Center on Law and Poverty, "Mobilehomes are one of the last forms of naturally occurring affordable housing in California. These parks house an estimated 363,000 homes in California. Mobilehome parks enable low-income and elderly communities to attain and maintain their housing. Under the Mobilehome Residency Law, park management can terminate a tenancy for specific reasons such as nonpayment of rent. However, the MRL allows the termination of the tenancy even when the park is operating illegally, without permits. For all other tenancies, the landlord cannot terminate a tenancy when they are operating illegally. For example, a corporation that is not registered or in good standing with the Secretary of State cannot evict a tenant. This bill is aligning the MRL with unlawful detainer laws by preventing evictions for nonpayment of rent if the mobilehome park owner is operating illegally. This is common sense legislation that will allow residents to maintain their housing."
Arguments in Opposition
None on file.
FISCAL COMMENTS
According to the Senate Appropriations Committee:
- Cost pressures (Trial Court Trust Fund, General Fund) of an unknown but potentially significant amount to the courts to hear and adjudicate civil cases for a violation of this bills prohibitions. The MRL, which this bill amends, allows a tenant to bring a civil cause of action to enforce its provisions. This bill expands this existing cause of action. Actual costs will depend on the number of cases filed. It generally costs about $1,000 to operate a courtroom for one hour. If cases take 50 or more hours of court time statewide, cost pressures would exceed $50,000 annually. Although courts are not funded on the basis of workload, increased pressure on the Trial Court Trust Fund may create a need for increased funding for courts from the General Fund. The Governor's 2024-25 May Revision proposes reducing $97 million ongoing from the General Fund to the trial courts.
- HCD anticipates minor and absorbable costs. The department notes HCD does not have enforcement jurisdiction over the MRL and the bill does not impact HCD's health and safety inspection practices.
VOTES:
ASM HOUSING AND COMMUNITY DEVELOPMENT: 9-0-0
YES: Ward, Joe Patterson, Grayson, Kalra, Lee, Quirk-Silva, Reyes, Sanchez, Wilson
ASM APPROPRIATIONS: 15-0-0
YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Friedman, Haney, Hart, Jim Patterson, Pellerin, Ta, Villapudua
ASSEMBLY FLOOR: 71-0-9
YES: Aguiar-Curry, Alanis, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Essayli, Mike Fong, Friedman, Gabriel, Gallagher, Garcia, Grayson, Haney, Hart, Holden, Hoover, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
ABS, ABST OR NV: Addis, Alvarez, Cervantes, Megan Dahle, Flora, Vince Fong, Gipson, Irwin, Mathis
SENATE FLOOR: 40-0-0
YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
UPDATED
VERSION: August 21, 2024
CONSULTANT: Nicole Restmeyer / H. & C.D. / (916) 319-2085 FN: 0004456
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 2373 |
THIRD READING
Bill No: AB 2373
Author: Rendon (D)
Amended: 8/21/24 in Senate
Vote: 21
SENATE JUDICIARY COMMITTEE: 11-0, 6/11/24
AYES: Umberg, Wilk, Allen, Ashby, Caballero, Durazo, Laird, Niello, Roth, Stern, Wahab
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/15/24
AYES: Caballero, Jones, Ashby, Becker, Bradford, Seyarto, Wahab
ASSEMBLY FLOOR: 71-0, 5/16/24 (Consent) - See last page for vote
SUBJECT: Mobilehomes: tenancies
SOURCE: Author
DIGEST:
This bill specifies that a mobilehome park may not terminate the tenancy of a park resident, or issue a notice of termination, for non-payment of rent or a change of use of the park, unless the mobilehome park has a valid permit to operate issued by the enforcement agency, as specified.
ANALYSIS:
Existing law:
- Establishes the Mobilehome Residency Law (MRL) to regulate the relationship between mobilehome park management and park residents, and establishes various rights, responsibilities and limits of both groups. (Civ. Code § 798 et seq.)
- Specifies that a mobilehome park may only evict a resident for: (a) failing to comply with a local or state law or regulation on mobilehomes within a reasonable time after the homeowner receives notice of noncompliance; (b) conduct of the resident that amounts to a substantial annoyance of other homeowners or residents; (c) conviction for certain crimes; (d) failure to comply with a reasonable rule of the park; (e) condemnation of the park; (f) a change of use of the park or any portion of it, as specified; or (g) for nonpayment of rent, utilities, or other reasonable incidental services charged by the park. (Civ. Code § 798.56.)
- Prohibits management from terminating or refusing to renew a tenancy, except for a reason specified in 2) and upon giving written notice to the homeowner to sell or remove the mobilehome from the park, at the homeowner’s election, within a period of not less than 60 days. Requires a copy of this notice to be sent to the legal owner of the mobilehome, each junior lienholder, and the registered owner of the mobilehome, if other than the homeowner, by United States mail within 10 days after notice to the homeowner. (Civ. Code § 798.55(b)(1).)
- Creates the Mobilehome Parks Act (MPA) to regulate the construction, maintenance, occupancy, use, and design of mobilehome parks to assure protection of the health, safety, and general welfare of all mobilehome park residents, and guarantee park residents maximum protection of their investment and a decent living environment. (Health & Saf. Code §§ 18200 et seq.)
- Excludes from its provisions any park owned, operated, and maintained by the federal government, the state, any agency or political subdivision of the state, or any city, county, or city and county. Also excludes any apartment house, hotel, or dwelling under certain provisions, or any utilities facilities owned, operated, and maintained by a public utility. (Health & Saf. Code §§ 18303-18304.)
- Provides that HCD enforces the provisions of the MPA, except where a city, county, or city and county has elected to assume responsibility for enforcement, notified HCD, and had their request to assume authority approved by HCD. (Health & Saf. Code §§ 18300, 18400.)
- Provides HCD the authority to promulgate regulations relating to the MPA and its enforcement, and authorizes HCD officers or agents to enter public or private property to determine whether there is a park to which the MPA applies on the property, and to enter and inspect all parks and examine any registers of occupants for enforcement purposes. (Health & Saf. Code § 18400.)
- Establishes the Mobilehome Park Maintenance inspection program and requires HCD to enter and inspect mobilehome parks to ensure enforcement of the MPA and related regulations, with a goal of inspecting at least five percent of the parks in the state per year. Requires inspections to include an inspection of the exterior of mobilehomes in each park inspected. Requires HCD to inspect the mobilehome parks that it determines have complaints made to the agency regarding serious health and safety violations. (Health & Saf. Code § 18400.1.)
- Requires a mobilehome park owner or operator to abate any nuisance in the park within five days, or within any longer period set by HCD, of receiving written notice to remove the nuisance. Requires that the District Attorney of the county in which the park or the greater portion of the park is located to bring a civil action in the Superior Court of the county to abate the nuisance. Allows that an Attorney General, a county counsel, or a city attorney or prosecutor may also bring a civil action to abate the nuisance. (Health & Saf. Code § 18402.)
- Provides that, if any park is constructed, altered, converted, used, occupied, or maintained in violation of the MPA, related regulations, or any order or notice issued by HCD, HCD may institute any appropriate action or proceeding to prevent, restrain, correct, or abate the violation, and that a Superior Court may make any order on an application for such an action from HCD. (Health & Saf. Code § 18404.)
- Requires that, if HCD or another enforcement agency determines that a mobilehome park is in violation of the MPA or any regulation adopted pursuant to the MPA after an inspection, HCD must promptly, but no later than 10 days after the inspection, issue a notice to correct the violation to the owner or operator of the park and to the responsible person, as defined. Clarifies that, if the violation constitutes an imminent threat to health and safety, the notice of the violation be issued and served immediately. (Health & Saf. Code § 18420.)
- Specifies that the owner or operator of the mobilehome park is responsible for the correction of a violation that is noticed by the enforcement agency. (Id.)
- Requires that, if upon an inspection the enforcement agency determines that a manufactured home, mobilehome, or accessory building or structure is in violation of Chapters 4, 5, and 6 of the MPA, or any regulation adopted pursuant to those chapters, the enforcement agency promptly, but no later than 10 days after the inspection, issue a notice to correct the violation to the registered owner and occupant (if different) of the mobilehome or manufactured home. (Id.)
- Specifies that the registered owner of the mobilehome is responsible for the correction of any violations pursuant to this section.
- Allows that an owner or operator of a mobilehome park, or the registered owner of a mobilehome subject to a notice of violation, may dispute HCD’s determination of an alleged violation, a failure to correct the violation in the required time, or the reasonableness of the deadline for correction by requesting an informal conference with HCD. (Health & Saf. Code § 18421.)
- Specifies that Health and Safety Code Sections 18420 to 18423 remain in effect until January 1, 2025. (Health & Saf. Code § 18424.)
- States that it is unlawful, without a valid permit to operate the mobilehome park issued by HCD, to: (a) construct a park; (b) construct additional buildings or lots, or alter the park; (c) operate, occupy, rent, lease, sublease, or let out any lot in the park constructed, reconstructed, or altered without a permit; or (d) operate a park or any portion thereof. (Health & Saf. Code § 18500.)
- Specifies that, if a park violates their permit to operate or the MPA, the permit may be suspended by HCD. (Health & Saf. Code § 18510.)
- States that HCD shall issue a permit to operate to parks, and that a permit to operate shall be issued for a 12-month period. Specifies that a mobilehome park’s permit to operate shall not be issued for a park when its previous permit to operate has been suspended, until the violations which were the basis for the original suspension are corrected. (Health & Saf. Code § 18506.)
- Requires that, if HCD intends to suspend a park’s permit to operate, a notice of suspension must be sent to the person to whom the permit was issued, and must be posted in a conspicuous place on the premises of the park. The notice must state how the permit or MPA has been violated, and must notify the park owner that, unless the violation is corrected within 30 days, the permit to operate will be suspended. (Health & Saf. Code §§ 18511-18512.)
- States that, if the requirements in the notice of suspension are not complied with before the expiration of the 30 days, HCD may suspend the park’s permit to operate. However, if park complies with the MPA and the notice, and submits proof to HCD, HCD must reinstate the permit or issue a new permit to operate. (Health & Saf. Code §§ 18517-18518.)
This bill specifies that a mobilehome owner’s tenancy in a mobilehome park may not be terminated, and that a notice of termination may not be issued, because the tenant has failed to pay rent or because of a change of use of the park or a portion of it, unless the mobilehome park has a valid permit to operate issued by the enforcement agency pursuant to law.
Comments
According to the author:
Californians living in mobile homes tend to be older, lower-income, immigrants, and/or people of color. This is a disadvantaged population that needs and deserves greater eviction protections from the state of California. By ensuring that mobile home park owners have valid, up-to-date permits and are in good legal standing before they begin initiating eviction proceedings against tenants, this bill will hold management accountable, while offering a new level of protection for mobile home residents.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Senate Appropriations Committee:
- Cost pressures (Trial Court Trust Fund, General Fund) of an unknown but potentially significant amount to the courts to hear and adjudicate civil cases for a violation of this bills prohibitions. The Mobilehome Residency Law (MRL), which this bill amends, allows a tenant to bring a civil cause of action to enforce its provisions. This bill expands this existing cause of action. Actual costs will depend on the number of cases filed. It generally costs about $1,000 to operate a courtroom for one hour. If cases take 50 or more hours of court time statewide, cost pressures would exceed $50,000 annually. Although courts are not funded on the basis of workload, increased pressure on the Trial Court Trust Fund may create a need for increased funding for courts from the General Fund. The Governor’s 2024-25 May Revision proposes reducing $97 million ongoing from the General Fund to the trial courts.
- The Department of Housing and Community Development (HCD) anticipates minor and absorbable costs. The department notes HCD does not have enforcement jurisdiction over the MRL and the bill does not impact HCD’s health and safety inspection practices.
SUPPORT: (Verified 8/22/24)
Golden State Manufactured-home Owners League, Inc.
Western Center on Law & Poverty, Inc.
OPPOSITION: (Verified 8/22/24)
None received
ARGUMENTS IN SUPPORT: According to the Golden State Manufactured-home Owners League, Inc., which supports this bill:
The bill simply requires that a mobilehome residency may only be terminated with cause by a park owner who themself is operating legally.
Under today’s Mobilehome Residency Law, management of the mobilehome park may only terminate a tenancy for specific reasons, including nonpayment of rent, utility charges, or reasonable incidental charges, or change of use of the park.
Like a corporation who cannot maintain a legal action in court unless it is in good standing with the Secretary of State, a park should maintain good standing with a valid PTO before they pursue a legal eviction against a resident.
Evictions should be an act of last resort, particularly for mobilehome residents when eviction could mean forfeiting or losing their homes as a result of the eviction.
ASSEMBLY FLOOR: 71-0, 5/16/24
AYES: Aguiar-Curry, Alanis, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Essayli, Mike Fong, Friedman, Gabriel, Gallagher, Garcia, Grayson, Haney, Hart, Holden, Hoover, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
NO VOTE RECORDED: Addis, Alvarez, Cervantes, Megan Dahle, Flora, Vince Fong, Gipson, Irwin, Mathis
Prepared by: Ian Dougherty / JUD. / (916) 651-4113
8/22/24 16:10:32
**** END ****
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 2373 |
THIRD READING
Bill No: AB 2373
Author: Rendon (D)
Amended: 3/7/24 in Assembly
Vote: 21
SENATE JUDICIARY COMMITTEE: 11-0, 6/11/24
AYES: Umberg, Wilk, Allen, Ashby, Caballero, Durazo, Laird, Niello, Roth, Stern, Wahab
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/15/24
AYES: Caballero, Jones, Ashby, Becker, Bradford, Seyarto, Wahab
ASSEMBLY FLOOR: 71-0, 5/16/24 (Consent) - See last page for vote
SUBJECT: Mobilehomes: tenancies
SOURCE: Author
DIGEST:
This bill specifies that a mobilehome park may not terminate the tenancy of a park resident, or issue a notice of termination, for non-payment of rent or a change of use of the park, if the park’s permit to operate is suspended, until the violation that led to the suspension is corrected and a permit to operate issued or re-issued.
ANALYSIS:
Existing law:
- Establishes the Mobilehome Residency Law (MRL) to regulate the relationship between mobilehome park management and park residents, and establishes various rights, responsibilities and limits of both groups. (Civ. Code § 798 et seq.)
- Specifies that a mobilehome park may only evict a resident for: (1) failing to comply with a local or state law or regulation on mobilehomes within a reasonable time after the homeowner receives notice of noncompliance; (2) conduct of the resident that amounts to a substantial annoyance of other homeowners or residents; (3) conviction for certain crimes; (4) failure to comply with a reasonable rule of the park; (5) condemnation of the park; (6) a change of use of the park or any portion of it, as specified; or (7) for nonpayment of rent, utilities, or other reasonable incidental services charged by the park. (Civ. Code § 798.56.)
- Prohibits management from terminating or refusing to renew a tenancy, except for a reason specified in 2) and upon giving written notice to the homeowner to sell or remove the mobilehome from the park, at the homeowner’s election, within a period of not less than 60 days. Requires a copy of this notice to be sent to the legal owner of the mobilehome, each junior lienholder, and the registered owner of the mobilehome, if other than the homeowner, by United States mail within 10 days after notice to the homeowner. (Civ. Code § 798.55(b)(1).)
- Creates the Mobilehome Parks Act (MPA) to regulate the construction, maintenance, occupancy, use, and design of mobilehome parks to assure protection of the health, safety, and general welfare of all mobilehome park residents, and guarantee park residents maximum protection of their investment and a decent living environment. (Health & Saf. Code §§ 18200 et seq.)
- Excludes from its provisions any park owned, operated, and maintained by the federal government, the state, any agency or political subdivision of the state, or any city, county, or city and county. Also excludes any apartment house, hotel, or dwelling under certain provisions, or any utilities facilities owned, operated, and maintained by a public utility. (Health & Saf. Code §§ 18303-18304.)
- Provides that HCD enforces the provisions of the MPA, except where a city, county, or city and county has elected to assume responsibility for enforcement, notified HCD, and had their request to assume authority approved by HCD. (Health & Saf. Code §§ 18300, 18400.)
- Provides HCD the authority to promulgate regulations relating to the MPA and its enforcement, and authorizes HCD officers or agents to enter public or private property to determine whether there is a park to which the MPA applies on the property, and to enter and inspect all parks and examine any registers of occupants for enforcement purposes. (Health & Saf. Code § 18400.)
- Establishes the Mobilehome Park Maintenance inspection program and requires HCD to enter and inspect mobilehome parks to ensure enforcement of the MPA and related regulations, with a goal of inspecting at least five percent of the parks in the state per year. Requires inspections to include an inspection of the exterior of mobilehomes in each park inspected. Requires HCD to inspect the mobilehome parks that it determines have complaints made to the agency regarding serious health and safety violations. (Health & Saf. Code § 18400.1.)
- Requires a mobilehome park owner or operator to abate any nuisance in the park within five days, or within any longer period set by HCD, of receiving written notice to remove the nuisance. Requires that the District Attorney of the county in which the park or the greater portion of the park is located to bring a civil action in the Superior Court of the county to abate the nuisance. Allows that an Attorney General, a county counsel, or a city attorney or prosecutor may also bring a civil action to abate the nuisance. (Health & Saf. Code § 18402.)
- Provides that, if any park is constructed, altered, converted, used, occupied, or maintained in violation of the MPA, related regulations, or any order or notice issued by HCD, HCD may institute any appropriate action or proceeding to prevent, restrain, correct, or abate the violation, and that a Superior Court may make any order on an application for such an action from HCD. (Health & Saf. Code § 18404.)
- Requires that, if HCD or another enforcement agency determines that a mobilehome park is in violation of the MPA or any regulation adopted pursuant to the MPA after an inspection, HCD must promptly, but no later than 10 days after the inspection, issue a notice to correct the violation to the owner or operator of the park and to the responsible person, as defined. Clarifies that, if the violation constitutes an imminent threat to health and safety, the notice of the violation be issued and served immediately. (Health & Saf. Code § 18420.)
- Specifies that the owner or operator of the mobilehome park is responsible for the correction of a violation that is noticed by the enforcement agency. (Id.)
- Requires that, if upon an inspection the enforcement agency determines that a manufactured home, mobilehome, or accessory building or structure is in violation of Chapters 4, 5, and 6 of the MPA, or any regulation adopted pursuant to those chapters, the enforcement agency promptly, but no later than 10 days after the inspection, issue a notice to correct the violation to the registered owner and occupant (if different) of the mobilehome or manufactured home. (Id.)
- Specifies that the registered owner of the mobilehome is responsible for the correction of any violations pursuant to this section.
- Allows that an owner or operator of a mobilehome park, or the registered owner of a mobilehome subject to a notice of violation, may dispute HCD’s determination of an alleged violation, a failure to correct the violation in the required time, or the reasonableness of the deadline for correction by requesting an informal conference with HCD. (Health & Saf. Code § 18421.)
- Specifies that Health and Safety Code Sections 18420 to 18423 remain in effect until January 1, 2025. (Health & Saf. Code § 18424.)
- States that it is unlawful, without a valid permit to operate the mobilehome park issued by HCD, to: (1) construct a park; (2) construct additional buildings or lots, or alter the park; (3) operate, occupy, rent, lease, sublease, or let out any lot in the park constructed, reconstructed, or altered without a permit; or (4) operate a park or any portion thereof. (Health & Saf. Code § 18500.)
- Specifies that, if a park violates their permit to operate or the MPA, the permit may be suspended by HCD. (Health & Saf. Code § 18510.)
- States that HCD shall issue a permit to operate to parks, and that a permit to operate shall be issued for a 12-month period. Specifies that a mobilehome park’s permit to operate shall not be issued for a park when its previous permit to operate has been suspended, until the violations which were the basis for the original suspension are corrected. (Health & Saf. Code § 18506.)
- Requires that, if HCD intends to suspend a park’s permit to operate, a notice of suspension must be sent to the person to whom the permit was issued, and must be posted in a conspicuous place on the premises of the park. The notice must state how the permit or MPA has been violated, and must notify the park owner that, unless the violation is corrected within 30 days, the permit to operate will be suspended. (Health & Saf. Code §§ 18511-18512.)
- States that, if the requirements in the notice of suspension are not complied with before the expiration of the 30 days, HCD may suspend the park’s permit to operate. However, if park complies with the MPA and the notice, and submits proof to HCD, HCD must reinstate the permit or issue a new permit to operate. (Health & Saf. Code §§ 18517-18518.)
This bill:
- Specifies that a mobilehome owner’s tenancy in a mobilehome park may not be terminated because the tenant has failed to pay rent or because of a change of use of the park or a portion of it, during any period in which the park’s permit to operate is suspended or expired, and that a notice of termination may not be issued during such a period.
- Specifies that a tenancy may only be terminated and a notice of termination issued only after both of the following:
- the violation that was the basis of the suspension or expiration has been corrected;
- a valid permit to operate has been issued by HCD.
- Specifies that a tenancy may only be terminated and a notice of termination issued only after both of the following:
Comments
According to the author:
Californians living in mobile homes tend to be older, lower-income, immigrants, and/or people of color. This is a disadvantaged population that needs and deserves greater eviction protections from the state of California. By ensuring that mobile home park owners have valid, up-to-date permits and are in good legal standing before they begin initiating eviction proceedings against tenants, this bill will hold management accountable, while offering a new level of protection for mobile home residents.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Senate Appropriations Committee:
- Cost pressures (Trial Court Trust Fund, General Fund) of an unknown but potentially significant amount to the courts to hear and adjudicate civil cases for a violation of this bills prohibitions. The Mobilehome Residency Law (MRL), which this bill amends, allows a tenant to bring a civil cause of action to enforce its provisions. This bill expands this existing cause of action. Actual costs will depend on the number of cases filed. It generally costs about $1,000 to operate a courtroom for one hour. If cases take 50 or more hours of court time statewide, cost pressures would exceed $50,000 annually. Although courts are not funded on the basis of workload, increased pressure on the Trial Court Trust Fund may create a need for increased funding for courts from the General Fund. The Governor’s 2024-25 May Revision proposes reducing $97 million ongoing from the General Fund to the trial courts.
- The Department of Housing and Community Development (HCD) anticipates minor and absorbable costs. The department notes HCD does not have enforcement jurisdiction over the MRL and the bill does not impact HCD’s health and safety inspection practices.
SUPPORT: (Verified 8/14/24)
Golden State Manufactured-home Owners League, INC.
Western Center on Law & Poverty, Inc.
OPPOSITION: (Verified 8/14/24)
None received
ARGUMENTS IN SUPPORT: According to the Golden State Manufactured-Home Owners League, Inc.:
The bill simply requires that a mobilehome residency may only be terminated with cause by a park owner who themself is operating legally.
Under today’s Mobilehome Residency Law, management of the mobilehome park may only terminate a tenancy for specific reasons, including nonpayment of rent, utility charges, or reasonable incidental charges, or change of use of the park.
Like a corporation who cannot maintain a legal action in court unless it is in good standing with the Secretary of State, a park should maintain good standing with a valid PTO before they pursue a legal eviction against a resident.
Evictions should be an act of last resort, particularly for mobilehome residents when eviction could mean forfeiting or losing their homes as a result of the eviction.
ASSEMBLY FLOOR: 71-0, 5/16/24
AYES: Aguiar-Curry, Alanis, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Essayli, Mike Fong, Friedman, Gabriel, Gallagher, Garcia, Grayson, Haney, Hart, Holden, Hoover, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
NO VOTE RECORDED: Addis, Alvarez, Cervantes, Megan Dahle, Flora, Vince Fong, Gipson, Irwin, Mathis
Prepared by: Ian Dougherty / JUD. / (916) 651-4113
8/18/24 9:07:39
**** END ****
SENATE COMMITTEE ON APPROPRIATIONS
Senator Anna Caballero, Chair
2023 - 2024 Regular Session
AB 2373 (Rendon) - Mobilehomes: tenancies
Version: March 7, 2024 | Policy Vote: JUD. 11 - 0 |
Urgency: No | Mandate: No |
Hearing Date: June 24, 2024 | Consultant: Liah Burnley |
Bill Summary:
AB 2373 specifies that a mobilehome park may not terminate the tenancy of a park resident, or issue a notice of termination, for non-payment of rent or a change of use of the park, if the park’s permit to operate is suspended, as specified.
Fiscal Impact:
- Cost pressures (Trial Court Trust Fund, General Fund) of an unknown but potentially significant amount to the courts to hear and adjudicate civil cases for a violation of this bills prohibitions. The Mobilehome Residency Law (MRL), which this bill amends, allows a tenant to bring a civil cause of action to enforce its provisions. This bill expands this existing cause of action. Actual costs will depend on the number of cases filed. It generally costs about $1,000 to operate a courtroom for one hour. If cases take 50 or more hours of court time statewide, cost pressures would exceed $50,000 annually. Although courts are not funded on the basis of workload, increased pressure on the Trial Court Trust Fund may create a need for increased funding for courts from the General Fund. The Governor’s 2024-25 May Revision proposes reducing $97 million ongoing from the General Fund to the trial courts.
- The Department of Housing and Community Development (HCD) anticipates minor and absorbable costs. The department notes HCD does not have enforcement jurisdiction over the MRL and the bill does not impact HCD’s health and safety inspection practices.
Background:
The Mobilehome Parks Act (MPA) regulates the construction, maintenance, and occupancy of mobilehome parks and mobilehomes to ensure protection of the health, safety, and general welfare of all mobilehome park residents. HCD is charged with enforcing the MPA, and is required to inspect mobilehome parks for violations of the MPA and corresponding regulations. Mobilehome parks must have a permit to operate in order to operate and charge park residents rent. Under the MPA, HCD is empowered to suspend a park’s permit to operate if it is in violation of the MPA, and a park may not charge residents rent while its permit to operate is suspended.
The Mobilehome Residency Law (MRL) extensively regulates the relationship between landlords and homeowners who occupy a mobilehome park. A dispute that arises regarding the MRL generally must be resolved in a civil court of competent jurisdiction.
Proposed Law:
This bill limits the ability of mobilehome park management to terminate a tenancy for nonpayment or for a change of park use if the park permit to operate is suspended or expired, as specified. Specifically, this bill:
- Prohibits a tenancy from being terminated for nonpayment of rent, utility charges, or reasonable incidental service charges, as specified, or for a change of use of the park or any portion thereof, and prohibits issuance of a notice of termination based on those reasons, during the period of any suspension or expiration of the permit to operate the park, as required by specified law.
- Allows a tenancy to be terminated and a notice to be issued only after both of the following occur:
- The violation that was the basis of the suspension or expiration of the permit to operate has been corrected; and,
- A valid permit to operate has been issued by the enforcement agency.
-- END --
Senator Thomas Umberg, Chair
2023-2024 Regular Session
Bill No: AB 2373 (Author:Rendon)
Version: March 7, 2024
Hearing Date: June 11, 2024
Fiscal: Yes
Urgency: No
Consultant: ID
SUBJECT
Mobilehomes: tenancies
DIGEST
This bill specifies that a mobilehome park may not terminate the tenancy of a park resident, or issue a notice of termination, for non-payment of rent or a change of use of the park, if the park’s permit to operate is suspended, until the violation that led to the suspension is corrected and a permit to operate issued or re-issued.
EXECUTIVE SUMMARY
Mobilehomes and the mobilehome parks in which they often reside are an important source of affordable housing in California. Because mobilehomes are pre-fabricated and can be moved, mobilehome owners often own their mobilehome, but lease the lot on which it sits from the owner of a mobilehome park. Current law regulates the relationship between park owners and park residents, and specifies that park residents may have their tenancies in the park terminated only for specified reasons. In addition, the Mobilehome Parks Act (MPA) regulates the construction, maintenance, and occupancy of mobilehome parks and mobilehomes to ensure protection of the health, safety, and general welfare of all mobilehome park residents. HCD is charged with enforcing the MPA, and is required to inspect mobilehome parks for violations of the MPA and corresponding regulations. Mobilehome parks must have a permit to operate in order to operate and charge park residents rent. Under the MPA, HCD is empowered to suspend a park’s permit to operate if it is in violation of the MPA, and a park may not charge residents rent while its permit to operate is suspended. AB 2373 specifies that a mobilehome park may not terminate the tenancy of a park resident, or issue a notice of termination, for non-payment of rent or a change of use of the park, if the park’s permit to operate is suspended, until the violation that led to the suspension is corrected and a permit to operate is issued or re-issued. AB 2373 is supported by the Golden State Manufactured-home Owners League, Inc. and the Western Center on Law and Poverty, and the Committee has received no timely opposition.
PROPOSED CHANGES TO THE LAW
Existing law:
- Establishes the Mobilehome Residency Law (MRL) to regulate the relationship between mobilehome park management and park residents, and establishes various rights, responsibilities and limits of both groups. (Civ. Code § 798 et seq.)
- Specifies that a mobilehome park may only evict a resident for: failing to comply with a local or state law or regulation on mobilehomes within a reasonable time after the homeowner receives notice of noncompliance; conduct of the resident that amounts to a substantial annoyance of other homeowners or residents; conviction for certain crimes; failure to comply with a reasonable rule of the park; condemnation of the park; a change of use of the park or any portion of it, as specified; or for nonpayment of rent, utilities, or other reasonable incidental services charged by the park. (Civ. Code § 798.56.)
- Prohibits management from terminating or refusing to renew a tenancy, except for a reason specified in (2) and upon giving written notice to the homeowner to sell or remove the mobilehome from the park, at the homeowner’s election, within a period of not less than 60 days. Requires a copy of this notice to be sent to the legal owner of the mobilehome, each junior lienholder, and the registered owner of the mobilehome, if other than the homeowner, by United States mail within 10 days after notice to the homeowner. (Civ. Code § 798.55(b)(1).)
- Creates the Mobilehome Parks Act (MPA) to regulate the construction, maintenance, occupancy, use, and design of mobilehome parks to assure protection of the health, safety, and general welfare of all mobilehome park residents, and guarantee park residents maximum protection of their investment and a decent living environment. (Health & Saf. Code §§ 18200 et seq.)
- Excludes from its provisions any park owned, operated, and maintained by the federal government, the state, any agency or political subdivision of the state, or any city, county, or city and county. Also excludes any apartment house, hotel, or dwelling under certain provisions, or any utilities facilities owned, operated, and maintained by a public utility. (Health & Saf. Code §§ 18303-18304.)
- Provides that HCD enforces the provisions of the MPA, except where a city, county, or city and county has elected to assume responsibility for enforcement, notified HCD, and had their request to assume authority approved by HCD. (Health & Saf. Code §§ 18300, 18400.)
- Provides HCD the authority to promulgate regulations relating to the MPA and its enforcement, and authorizes HCD officers or agents to enter public or private property to determine whether there is a park to which the MPA applies on the property, and to enter and inspect all parks and examine any registers of occupants for enforcement purposes. (Health & Saf. Code § 18400.)
- Establishes the Mobilehome Park Maintenance inspection program and requires HCD to enter and inspect mobilehome parks to ensure enforcement of the MPA and related regulations, with a goal of inspecting at least five percent of the parks in the state per year. Requires inspections to include an inspection of the exterior of mobilehomes in each park inspected. Requires HCD to inspect the mobilehome parks that it determines have complaints made to the agency regarding serious health and safety violations. (Health & Saf. Code § 18400.1.)
- Requires a mobilehome park owner or operator to abate any nuisance in the park within five days, or within any longer period set by HCD, of receiving written notice to remove the nuisance. Requires that the District Attorney of the county in which the park or the greater portion of the park is located to bring a civil action in the Superior Court of the county to abate the nuisance. Allows that an Attorney General, a county counsel, or a city attorney or prosecutor may also bring a civil action to abate the nuisance. (Health & Saf. Code § 18402.)
- Provides that, if any park is constructed, altered, converted, used, occupied, or maintained in violation of the MPA, related regulations, or any order or notice issued by HCD, HCD may institute any appropriate action or proceeding to prevent, restrain, correct, or abate the violation, and that a Superior Court may make any order on an application for such an action from HCD. (Health & Saf. Code § 18404.)
- Requires that, if HCD or another enforcement agency determines that a mobilehome park is in violation of the MPA or any regulation adopted pursuant to the MPA after an inspection, HCD must promptly, but no later than 10 days after the inspection, issue a notice to correct the violation to the owner or operator of the park and to the responsible person, as defined. Clarifies that, if the violation constitutes an imminent threat to health and safety, the notice of the violation be issued and served immediately. (Health & Saf. Code § 18420.)
- Specifies that the owner or operator of the mobilehome park is responsible for the correction of a violation that is noticed by the enforcement agency. (Id.)
- Requires that, if upon an inspection the enforcement agency determines that manufactured home, mobilehome, or accessory building or structure is in violation of Chapters 4, 5, and 6 of the MPA, or any regulation adopted pursuant to those chapters, the enforcement agency promptly, but no later than 10 days after the inspection, issue a notice to correct the violation to the registered owner and occupant (if different) of the mobilehome or manufactured home. (Id.)
- Specifies that the registered owner of the mobilehome is responsible for the correction of any violations pursuant to this section.
- Allows that an owner or operator of a mobilehome park, or the registered owner of a mobilehome subject to a notice of violation may dispute HCD’s determination of an alleged violation, a failure to correct the violation in the required time, or the reasonableness of the deadline for correction by requesting an informal conference with HCD. (Health & Saf. Code § 18421.)
- Specifies that Health and Safety Code Sections 18420 to 18423 remain in effect until January 1, 2025. (Health & Saf. Code § 18424.)
- States that it is unlawful, without a valid permit to operate the mobilehome park issued by HCD, to: construct a park; construct additional buildings or lots, or alter the park; operate, occupy, rent, lease, sublease, or let out any lot in the park constructed, reconstructed, or altered without a permit; or operate a park or any portion thereof. (Health & Saf. Code § 18500.)
- Specifies that, if a park violates their permit to operate or the MPA, the permit may be suspended by HCD. (Health & Saf. Code § 18510.)
- States that HCD shall issue a permit to operate to parks, and that a permit to operate shall be issued for a 12-month period. Specifies that a mobilehome park’s permit to operate shall not be issued for a park when its previous permit to operate has been suspended, until the violations which were the basis for the original suspension are corrected. (Health & Saf. Code § 18506.)
- Requires that, if HCD intends to suspend a park’s permit to operate, a notice of suspension must be sent to the person to whom the permit was issued, and must be posted in a conspicuous place on the premises of the park. The notice must state how the permit or MPA has been violated, and must notify the park owner that, unless the violation is corrected within 30 days, the permit to operate will be suspended. (Health & Saf. Code §§ 18511-18512.)
- States that, if the requirements in the notice of suspension are not complied with before the expiration of the 30 days, HCD may suspend the park’s permit to operate. However, if park complies with the MPA and the notice, and submits proof to HCD, HCD must reinstate the permit or issue a new permit to operate. (Health & Saf. Code §§ 18517-18518.)
This bill:
- Specifies that a mobilehome owner’s tenancy in a mobilehome park may not be terminated because the tenant has failed to pay rent or because of a change of use of the park or a portion of it, during any period in which the park’s permit to operate is suspended or expired, and that a notice of termination may not be issued during such a period.
- Specifies that a tenancy may only be terminated and a notice of termination issued only after both of the following:
- the violation that was the basis of the suspension or expiration has been corrected;
- a valid permit to operate has been issued by HCD.
- Specifies that a tenancy may only be terminated and a notice of termination issued only after both of the following:
COMMENTS
- Author’s statement
According to the author:
Californians living in mobile homes tend to be older, lower-income, immigrants, and/or people of color. This is a disadvantaged population that needs and deserves greater eviction protections from the state of California. By ensuring that mobile home park owners have valid, up-to-date permits and are in good legal standing before they begin initiating eviction proceedings against tenants, this bill will hold management accountable, while offering a new level of protection for mobile home residents.
- Mobilehomes represent an important source of affordable housing in California
There are an estimated 508,589 mobilehome units in California.[1] Mobilehomes are pre-fabricated homes that are designed to be able to be transported and moved between locations. Because mobilehomes are transportable, they are considered personal property instead of real property like traditionally-built homes, and are not tied to the land on which they sit. Thus, mobilehomes are unique among all residential options. However, while they are technically mobile, a significant amount of time, effort, and money is often required to actually move a mobilehome. Costs for moving a mobilehome range from a few thousand to tens of thousands of dollars. Mobilehomes are also unique because many mobilehome residents own their mobilehome, but lease the land upon which their home is located from a mobilehome park. In this arrangement, the mobilehome sits on a lot within a park of mobilehomes and common space. The mobilehome park and the lots on which the mobilehomes sit are usually privately owned and managed by a mobilehome park company.
Under this relationship, while residents technically own their mobilehome, they pay rent to the park management, are subject to the rules of the mobilehome park set by the ownership of the park, and they often rely on the park for the provision of utilities. If they fall behind on their rent payments to the park for their mobilehome’s lot, or if they violate a rule of the park, they can be evicted from the park. Considering they may have paid considerable amounts of money into buying the mobilehome that they can no longer live in, they could lose the equity they’ve accumulated in their mobilehome upon eviction by the park, either by having to sell the mobilehome quickly, or spend thousands of dollars to move their mobilehome elsewhere.
Mobilehome residents in California tend to be poorer and older than the average California renter, for whom mobilehome ownership is an important option for affordable housing. In fact, the median price of a mobilehome in 2022 was $82,600, making mobilehome ownership one of the most significant, un-subsidized sources of affordable housing.[2]
- The laws that regulate mobilehome parks
In light of the unique nature of mobilehome parks and issues, the Legislature passed the Mobilehome Residency Law (MRL) in 1978 to regulate the relationship between mobilehome park management and park residents, and establish various rights, responsibilities, and limits of both groups. (Civ. Code § 798 et seq.) The MRL covers a variety of areas, including: permissible rental and lease contract terms; park rules and mandatory notices to residents; limits on fees and charges, as well as increases to them; and conditions and limits related to mobilehome park evictions. Provisions of the MRL relating to eviction require park management to give written notice to the resident, and provide for at least 60 days for the resident to either sell their mobilehome or remove it from the park. (Civ. Code § 798.55.) It also specifies that a park may evict a resident only for: failing to comply with a local or state law or regulation on mobilehomes within a reasonable time after the homeowner receives notice of noncompliance; conduct of the resident that amounts to a substantial annoyance of other homeowners or residents; conviction for certain crimes; failure to comply with a reasonable rule of the park; condemnation of the park; a change of use of the park or any portion of it, as specified; or for nonpayment of rent, utilities, or other reasonable incidental service charged by the park. (Civ. Code § 798.56.)
Mobilehomes and Mobilehome parks are also regulated through two other acts: The Manufactured Housing Act of 1980 (Health & Saf. Code § 18000 et seq.) and the Mobilehome Parks Act (MPA) (Health & Saf. Code § 18200 et seq.). The Manufactured Housing Act prescribes various standards on the structural, fire safety, plumbing, heating, and electrical systems of a manufactured home, or mobilehome, and prescribes the selling, titling, registration, and installation of mobilehomes. The MPA defines the requirements for permits and fees for the construction and operation of mobilehome parks, and governs the health and safety standards for parks and the occupancy of mobilehomes. Included in the MPA is Chapter 4, which provides that a permit is required to construct a park, to construct or alter existing or any additional buildings or lots in an existing park, to operate, occupy, rent, lease, or sublease a lot, and for any construction, mechanical, plumbing, electrical, and installation of a mobilehome. It also provides for fees for such permits, and outlines the requirements for the park’s permit to operate. Chapter 5 requires HCD to adopt regulations on the use and occupancy of mobilehomes, establishing minimum requirements to protect the health and safety of occupants and the public, and providing for the repair or abatement of any unsafe or unsanitary condition of the home. It also requires HCD to adopt building standards for the construction, location, and use of mobilehomes, and requires HCD to enforce these standards. Under Section 18550 of Chapter 5, mobilehomes must conform to HCD’s regulations for fuel, gas, water, electricity, sewage, and installation requirements, and must be in a safe and sanitary condition, structurally sound, and registered with HCD. (Health & Safety Code § 18550.) Chapter 6 requires HCD to adopt regulations reasonably necessary for the protection of life and property relating to gas equipment and installations in parks, and regulations and rules relating to fire prevention.
- HCD’s regulatory and inspection authority
Under the provisions of the MPA, HCD has authority over the enforcement of health and safety standards for and permitting of mobilehomes and mobilehome parks. A mobilehome park must be issued a permit to operate by HCD in order to operate the park and collect rent from mobilehome residents, and the park must renew the permit to operate every year. (Health & Saf. Code § 18506.) HCD also has the authority to inspect parks for compliance with the MPA’s health and safety standard, and the Mobilehome Park Maintenance program (MPM) (AB 925 (O’Connell, Ch. 1125, Stats. 1990) requires HCD to annually inspect parks with a goal of inspecting five percent of parks in the state a year. (Health & Saf. Code § 18400.1.) Through this program, HCD inspects mobilehome parks for either violations of the MPA by the park, or for violations of the MPA by a mobilehome resident. The MPM as originally passed included a sunset date for the program, but its sunset has been regularly extended since AB 925 was passed in 1990. The MPM was last extended in 2023 by SB 319 (Connolly, Ch. 737, Stats. 2023), and is currently set to sunset on January 1, 2025. In addition to the mandated park inspections by the MPM, HCD may inspect a park upon receiving a complaint of a violation of the MPA or a health and safety issue. With HCD’s approval, a city or county can also act as a local enforcement agency and enforce the MPA and perform inspections of mobilehome parks within its jurisdiction.
In 2023, HCD inspected approximately 5.3 percent of the state’s mobilehome parks, and identified 4,102 resident violations and 1,529 park violations.[3] The most common park violations identified by HCD inspections were exposed live electrical parts, gas meters not supported, and electrical components not approved for a wet location. The most common resident violations involved an accumulation of garbage or combustible material, appliances being outside the mobilehome, and a lack of handrails on stairs. About 82 percent of these violations were corrected.
- HCD’s process for correcting a violation of the MPA
Chapter 3.5 of the MPA (at Heath & Saf. Code §18420, et seq.) outlines the procedures HCD must follow for issuing notices of violations of the MPA or related regulations and pursuing enforcement actions. It provides that, if upon inspection of a park, HCD determines that a mobilehome park is in violation of one of the provisions of the MPA or related HCD regulations, it must issue a notice to correct the violation to the park owner or operator within 10 days, or immediately if the violation constitutes an imminent threat to health and safety. (Health & Saf. Code § 18420.) The owner or operator of the park is responsible for correcting any violation of rules relating to the mobilehome park. If HCD determines that a particular mobilehome is in violation of a provision of Chapter 4, 5, or 6 of the MPA or related regulation pertaining to mobilehomes, HCD must also issue a notice to correct the violation to the owner of the mobilehome, and to the occupant of the mobilehome, if different from the owner, within 10 days, or immediately if the violation constitutes an imminent hazard and immediate risk to life, health, and safety requiring immediate correction. (Health & Saf. Code § 18420(b).) The owner of the mobilehome is responsible for the correction of a violation related to the home itself, though the park is ultimately responsible for any violations within the park.
For violations that are not imminent threats to health and safety, HCD must provide 60 days from the date of the notice of violation for the violation to be corrected. After the 60 days, HCD re-inspects the park or mobilehome in violation to determine if the violation has been corrected. It may provide an additional 30 days or other reasonable period of time for correction if it determines that there is a valid reason why a violation has not yet been corrected, such as weather conditions, illness, availability of repair persons, or availability of financial resources. If HCD re-inspects and finds that the violation has not been corrected, it will issue a second notice of violation. Upon issuance of this second notice of violation, the violating party has 30 more days to correct the violation before HCD issues a final notice of violation.
If violations are not corrected, HCD possesses a variety of powers for enforcement. However, one of its most significant powers is the ability to suspend a park’s permit to operate. If a mobilehome park is in violation of one of the provisions of the laws in the MPA or regulations relating to mobilehome parks, HCD can suspend the park’s permit to operate. (Health & Saf. Code § 18510.) Because park owners and operators are ultimately responsible for the health and safety of the park, if an individual mobilehome owner is in violation of one of the provisions of the MPA and does not correct the violation, HCD can also threaten to suspend the mobilehome park’s permit to operate until the mobilehome’s violation is corrected. In such a scenario, the park may then work with the resident to fix the violation, or work to evict the tenant.
If HCD intends to suspend a park’s permit to operate, it must send the park a notice of suspension and post the notice in a conspicuous place in the park. (Health & Saf. Code § 18511.) The notice must state how the park is in violation of its permit or the MPA or related regulations, and must give the park 30 days to correct the violation before the suspension is in effect. (Health & Saf. Code § 18512.) A park has 10 days after receiving the notice of suspension to request a hearing on the matter before HCD, if they wish to contest it. (Health & Saf. Code § 18513.) If a park’s permit has been suspended by HCD, the park cannot renew their permit to operate or have a new permit issued until they have corrected the violation that was the basis of the suspension. (Health & Saf. Code § 18506.) Thus, if, after the process outlined above, a violation continues to exist, HCD may issue the notice of suspension and ultimately suspend the park’s permit to operate. Since mobilehome parks cannot collect rent or operate the mobilehome park without a permit to operate, the threat of suspension is a powerful tool to achieve compliance. It is also often HCD’s enforcement action of last resort.
- AB 2373 prohibits a mobilehome park from evicting a mobilehome owner from the park while the park’s PTO is suspended or expired
While the MPA specifies that a mobilehome park may not collect rent while its permit to operate is suspended, the MPA is silent regarding terminations and evictions of tenants when the park’s permit is suspended. AB 2373 proposes to make explicit in the MPA that a park may not terminate a park resident’s tenancy, or initiate the process of termination, while the park’s permit to operate is suspended. AB 2373 does not apply this prohibition to all terminations, but rather just to those terminations for a tenant’s non-payment of rent or for a change in use of the mobilehome park. Termination may in theory be pursued on one of the other bases for which a park may terminate a resident’s tenancy, which are: failure of the homeowner or resident to comply with a local ordinance or state law or regulation relating to mobilehomes; conduct by the homeowner or resident that constitute a substantial annoyance to other homeowners or residents; conviction of the homeowner or resident for specified crimes; failure of the homeowner or resident to comply with a reasonable rule or regulation of the park that is part of the rental agreement or an amendment; or for condemnation of the park. (Civ. Code § 798.56.) AB 2373 would only permit termination of a park resident’s tenancy or the issuance of a notice of termination for non-payment of rent or a change of use of the park after the park has corrected the violation that was the basis of the suspension of the permit and a new permit to operate has been issued or re-issued. The author states AB 2373 is needed to offer mobilehome residents a new level of protection from eviction and to hold mobilehome parks accountable.
- Arguments in support
According to the Golden State Manufactured-Home Owners League, Inc., which supports AB 2373:
The bill simply requires that a mobilehome residency may only be terminated with cause by a park owner who themself is operating legally.
Under today’s Mobilehome Residency Law, management of the mobilehome park may only terminate a tenancy for specific reasons, including nonpayment of rent, utility charges, or reasonable incidental charges, or change of use of the park.
Like a corporation who cannot maintain a legal action in court unless it is in good standing with the Secretary of State, a park should maintain good standing with a valid PTO before they pursue a legal eviction against a resident.
Evictions should be an act of last resort, particularly for mobilehome residents when eviction could mean forfeiting or losing their homes as a result of the eviction.
SUPPORT
Golden State Manufactured-Home Owners League, Inc.
Western Center on Law and Poverty
OPPOSITION
None received
RELATED LEGISLATION
Pending Legislation:
SB 1108 (Ochoa Bogh, 2024) indefinitely extends provisions of the MPA relating to HCD enforcement authority of the health and safety standards for mobilehome parks, increases the time allowed for correction of a violation from 60 to 90 days, and makes HCD responsible for exhausting all administrative and legal recourse against a resident before requiring action by the mobilehome park. This bill is currently held at the Assembly desk.
AB 2247 (Wallis, 2024) extends the requirement that HCD issue notices of violation and pursue enforcement for violations of the MPA under specified procedures, the requirement that HCD annually inspect mobilehome parks with a goal of inspecting five percent a year, and extends a number of provisions related to fees HCD may collect, from January 1, 2025 to January 1, 2030, and requires HCD to include specified information regarding recipients of loans under the MORE program with a notice of violation given to a mobilehome owner or occupant. AB 2247 is currently in the Senate Rules Committee.
Prior Legislation:
AB 319 (Connolly, Ch. 737, Stats. 2023) extended the MPM program until January 1, 2025, and added transparency and conflict of interest requirements for HCD mobilehome park inspectors.
AB 2002 (Villapudua, 2022) would have required HCD to establish a program, upon appropriation, for providing grants or funds to homeowners or occupants of mobilehomes for making repairs to their mobilehomes required by HCD. AB 2002 was held in the Senate Appropriations Committee.
SB 46 (Leyva, Ch. 835, Stats. 2018) extended the MPM program until January 1, 2024.
SB 951 (Correa, Ch. 314, Stats. 2010) extended the MPM program until January 1, 2019.
SB 1231 (Dunn, Ch. 644, Stats. 2006) extended the MPM program and the notice of violation and enforcement provisions relating to MPA violations until January 1, 2012.
SB 1176 (Dunn, Ch. 622, Stats. 2004) reduced the time HCD must allow a resident or park to correct a violation of the MPA or related regulations from 90 days to 60 days, plus a potential 30 day or reasonable time extension.
SB 700 (O’Connell, Ch. 520, Stats. 1999) required local enforcement agencies to enter and inspect all mobilehome parks once every 7 years, and extended the MPM program until January 1, 2007.
AB 925 (O’Connell, Ch. 1175, Stats. 1990) created the MPM program, established procedures for HCD to issue notices of violations of the MPA found during an HCD inspection, authorized a mobilehome owner or park to contest HCD determinations relating to violations through an informal conference, and required HCD or a local enforcement agency to inspect every mobilehome and every mobilehome park in the state once every five years.
PRIOR VOTES:
Assembly Floor (Ayes 71, Noes 0)
Assembly Appropriations Committee (Ayes 15, Noes 0)
Assembly Housing and Community Development Committee (Ayes 9, Noes 0)
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U.S. Census Bureau, 2021 American Community Survey 1-Year Estimates (2021), available at https://data.census.gov/. ↑
U.S. Census Bureau, Manufactured Housing Survey (Jun. 2022), available at https://www.census.gov/data/tables/time-series/econ/mhs/annual-data.html. ↑
Division of Codes and Standards, Mobilehome Park Maintenance (MPM) Inspection Task Force: Member Briefing Document, Cal. Dept. of Housing & Community Development (Mar. 15, 2024) p. 3-6, available at https://www.hcd.ca.gov/manufactured-and-mobilehomes/mobilehome-parks/mobilehome-park-maintenance-inspections. ↑
Date of Hearing: May 8, 2024
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Buffy Wicks, Chair
ABPCA Bill Id:AB 2373
Author:(Rendon) – As Amended Ver:March 7, 2024
Policy Committee: | Housing and Community Development | Vote: | 9 - 0 |
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill prohibits a mobilehome park tenancy from being terminated for nonpayment or a change of park use if a mobilehome park has a suspended or expired permit-to-operate.
Specifically, this bill:
- Prohibits a tenancy from being terminated for nonpayment of rent, utility charges, or reasonable incidental service charges, as specified, or for a change of use of the park or any portion thereof, and prohibits issuance of a notice of termination based on those reasons, during the period of any suspension or expiration of the permit-to-operate the park, as required by specified law.
- Allows a tenancy to be terminated and a notice to be issued under the above conditions only after both of the following occur:
- The violation that was the basis of the suspension or expiration of the permit-to-operate has been corrected.
- A valid permit to operate has been issued by the enforcement agency.
FISCAL EFFECT:
- Ongoing cost pressures (General Fund (GF), Trial Court Trust Fund) to the courts of an unknown, but likely minor amount in additional workload. The Mobilehome Residency Law (MRL), which this bill amends, allows a tenant to bring a civil cause of action to enforce its provisions. This bill expands this existing cause of action. Actual costs will depend on the number of new cases filed.
- The Department of Housing and Community Development (HCD) anticipates minor and absorbable costs. The department notes HCD does not have enforcement jurisdiction over the MRL and the bill does not impact HCD’s health and safety inspection practices.
COMMENTS:
- Purpose. According to the author:
Californians living in mobile homes tend to be older, lower-income, immigrants, and/or people of color. This is a disadvantaged population that needs and deserves greater eviction protections from the state of California. By ensuring that mobile home park owners have valid, up-to-date permits and are in good legal standing before they begin initiating eviction proceedings against tenants, this bill will hold management accountable, while offering a new level of protection for mobile home residents.
- Background. More than one million people live in California's approximately 4,500 mobilehome parks. A mobilehome owner whose home is located in a mobilehome park does not own the land the unit sits on, and must pay rent and fees for the land and any community spaces to their parkowner, The MRL regulates the relationship between landlords and homeowners who occupy a mobilehome park. The MRL’s provisions cover many issues, including rental and lease contract terms, mandatory notice and amendment procedures for mobilehome park rules and regulations, mandatory notice of fees and charges, and specified conditions governing mobilehome park evictions. A dispute regarding the MRL generally must be resolved in a civil court of competent jurisdiction.
The Mobilehome Parks Act (MPA) requires HCD to regulate mobilehome parks to assure protection of the health, safety, and general welfare of all mobilehome park residents. Local agencies have the option of assuming enforcement authority of the MPA within their jurisdiction through agreement with HCD. Among these enforcement duties is performing health and safety inspections of parks.
The MPA requires each mobilehome park to pay an annual fee and obtain a permit-to-operate from either HCD or the local enforcement agency. Operating permits last for a year and the enforcement agency may suspend an operating permit in the event of substandard conditions at the park or other violations of the MPA. If a violation of the MPA is found, the enforcement agency must promptly issue a notice to correct the violation to the park owner or operator. If the park owner or operator does not correct the violation, the enforcement agency provides a 30-day window for the permittee to come into compliance. If the 30 days lapses with no compliance, the enforcement agency may suspend the permit-to-operate. It is unlawful to operate a park without a valid permit-to-operate.
This bill incorporates into the MRL an explicit prohibition on park management terminating a tenancy for nonpayment or for a change of park use if the park permit-to-operate is suspended or expired.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
Date of Hearing: April 24, 2024
ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT
Christopher M. Ward, Chair
ABPCA Bill Id:AB 2373 (
Author:Rendon) – As Amended Ver:March 7, 2024
SUBJECT: Mobilehomes: tenancies
SUMMARY: Limits the ability of mobilehome park management to terminate a tenancy for nonpayment or for a change of park use if the park permit to operate is suspended or expired, as specified. Specifically, this bill:
- Prohibits a tenancy from being terminated for nonpayment of rent, utility charges, or reasonable incidental service charges, as specified, or for a change of use of the park or any portion thereof, and prohibits issuance of a notice of termination based on those reasons, during the period of any suspension or expiration of the permit to operate the park, as required by specified law.
- Allows a tenancy to be terminated and a notice to be issued under 1) only after both of the following occur:
- The violation that was the basis of the suspension or expiration of the permit to operate has been corrected; and
- A valid permit to operate has been issued by the enforcement agency.
EXISTING LAW:
- Declares it unlawful for any person to do any of the following unless they have a valid permit issued by an enforcement agency:
- Construct a mobilehome park;
- Construct additional buildings or lots, or alter buildings, lots, or other installations in an existing park;
- Operate, occupy, rent, lease, sublease, let out, or hire out for occupancy any lot in a park that has been constructed, reconstructed, or altered without having obtained a permit as required by the Mobilehome Parks Act (MPA); or
- Operate a park or any portion thereof. (Health and Safety Code (HSC) Section 18500)
- Requires a permit to operate to be issued by the enforcement agency, and requires a copy of each permit to operate to be issued to the Department of Housing and Community Development (HCD). Prohibits a permit to operate from being issued for a park where the previous operating permit has been suspended by the enforcement agency, until the violations which were the basis for the suspension have been corrected. Requires a permit to operate to be issued for a 12-month period and invoiced according to a method and schedule established by HCD. (HSC 18506)
- Requires the enforcement agency to be notified by the new owner or operator of any park of any change in the name or ownership or possession thereof. Requires the notice to be in written form and to be furnished within 30 days from and after any such change in name or transfer of ownership or possession. Following receipt of the notice and fee, the enforcement agency must record the change of ownership or possession and must issue an amended permit to operate, except as specified in 2). (HSC 18507)
- Allows an enforcement agency to suspend a permit if any person who holds a permit to operate violates the permit or the MPA. Requires the enforcement agency to issue and serve upon the permittee a notice setting forth in what respect the provisions of the permit or the MPA have been violated, and must notify them that unless these provisions have been complied with within 30 days after the date of notice, the permit shall be subject to suspension. (HSC 18510 and 18511)
- Requires the enforcement agency to reinstate the permit or issue a new permit to operate upon compliance by the permittee with the provisions of the MPA and of the notice. (HSC 18518)
- Allows management to terminate a tenancy only for one or more of the following reasons:
- Failure of the homeowner or resident to comply with a local ordinance or state law or regulation relating to mobilehomes within a reasonable time after the homeowner receives a notice of noncompliance from the appropriate governmental agency;
- Conduct by the homeowner or resident, upon the park premises, that constitutes a substantial annoyance to other homeowners or residents;
- Conviction of the homeowner or resident for specified crimes, if the act resulting in the conviction was committed anywhere on the premises of the mobilehome park, including, but not limited to, within the homeowner’s mobilehome;
- Failure of the homeowner or resident to comply with a reasonable rule or regulation of the park that is part of the rental agreement or any amendment;
- Nonpayment of rent, utility charges, or reasonable incidental service charges, provided that the amount due has been unpaid for a period of at least five days from its due date, and provided that the homeowner must be given a three-day written notice subsequent to that five-day period to pay the amount due or vacate the tenancy, as specified;
- Condemnation of the park; or
- Change of use of the park or any portion thereof, provided specified written notices have been provided by management within specified timeframes. (Civil Code (CC) Section 798.56)
- Prohibits management from terminating or refusing to renew a tenancy, except for a reason specified in 2) and upon giving written notice to the homeowner in the manner prescribed in specified law to sell or remove, at the homeowner’s election, the mobilehome from the park within a period of not less than 60 days, which period must be specified in the notice. Requires a copy of this notice to be sent to the legal owner of the mobilehome, each junior lienholder, and the registered owner of the mobilehome, if other than the homeowner, by United States mail within 10 days after notice to the homeowner. (CC 798.55(b)(1))
FISCAL EFFECT: Unknown.
COMMENTS:
Author’s Statement: According to the author, “Californians living in mobile homes tend to be older, lower-income, immigrants, and/or people of color. This is a disadvantaged population that needs and deserves greater eviction protections from the state of California. By ensuring that mobile home park owners have valid, up-to-date permits and are in good legal standing before they begin initiating eviction proceedings against tenants, this bill will hold management accountable, while offering a new level of protection for mobile home residents.”
Background: More than 1 million people live in California's approximately 4,500 mobilehome parks. Mobilehomes are not truly mobile, in that it is often cost prohibitive to relocate them. The cost to move a mobilehome ranges from $2,000 to upwards of $20,000 depending on the size of the home and the distance traveled. A mobilehome owner whose home is located in a mobilehome park does not own the land the unit sits on, and must pay rent and fees for the land and any community spaces to their parkowner, unless the park is collectively owned by the residents, in which case the RO operates like a homeowners association.
The Mobilehome Residency Law (MRL) extensively regulates the relationship between landlords and homeowners who occupy a mobilehome park. A limited number of provisions also apply to residents who rent, as opposed to own, their mobilehome. The MRL has two parts: Articles 1 through 8 apply to most mobilehome parks and Article 9 applies to resident-owned parks or parks which are established as a subdivision, cooperative or condominium. The provisions cover many issues, including, but not limited to: 1) the rental and lease contract terms and specific conditions of receipt and delivery of written leases, park rules and regulations, and other mandatory notices; 2) mandatory notice and amendment procedures for mobilehome park rules and regulations; 3) mandatory notice of fees and charges, and increases or changes in them; and 4) specified conditions governing mobilehome park evictions. A dispute that arises regarding the MRL generally must be resolved in a civil court of competent jurisdiction.
HCD oversees several areas of mobilehome law, including health and safety standards, registration and titling of mobilehomes and parks, and, through the Mobilehome Ombudsman, assists the public with questions or problems associated with various aspects of mobilehome law. The Mobilehome Ombudsman provides assistance by taking complaints and helping to resolve and coordinate the resolution of those complaints. However, the Ombudsman does not have enforcement authority for the MRL, and cannot arbitrate, mediate, negotiate, or provide legal advice on mobilehome park rent disputes, lease or rental agreements, but may provide general information on these issues. The Mobilehome Residency Law Protection Program at HCD also intakes resident complaints regarding alleged violations of the MRL and refers complaints to legal service providers.
Mobilehome Parks Act: The MPA requires HCD to regulate mobilehome parks to assure protection of the health, safety, and general welfare of all mobilehome park residents. Local agencies have the option of assuming enforcement authority of the MPA within their jurisdiction through agreement with HCD. Among these enforcement duties is performing health and safety inspections of parks.
The MPA also requires each mobilehome park to pay an annual fee and obtain a permit to operate from either HCD or the local enforcement agency. Operating permits last for a year and the enforcement agency has the ability to suspend an operating permit in the event of substandard conditions at the park or other violations of the MPA. If a mobilehome park or an individual park resident is found to be in violation of the MPA, the law requires the enforcement agency to promptly issue a notice to correct the violation or violations identified in the agency’s inspection to the park owner or operator, or to the registered owner of the mobilehome.
If the park owner or operator does not correct the violations or otherwise violates the terms of their operating permit, the enforcement agency must notify the permit holder of the specific terms or provisions they are violating, and provide a 30-day window for the permittee to come into compliance. If the 30 days elapses with no compliance, the enforcement agency can suspend the permit to operate. Current law declares it unlawful for any person to operate a park without a valid permit, but the author points to instances in their district of park management with suspended park permits raising rents on park residents and performing evictions in violation of this provision.
This bill would incorporate into the MRL an explicit prohibition on park management terminating a tenancy for nonpayment or for a change of park use if the park permit to operate is suspended or expired. Management would only be legally able to take such actions after the violation that was the basis of the permit suspension or expiration has been corrected, and the permit has been issued or re-issued by the enforcement agency.
Arguments in Support: According to the Golden State Manufactured-home Owners League (GSMOL), “Under today’s Mobilehome Residency Law, management of the mobilehome park may only terminate a tenancy for specific reasons, including nonpayment of rent, utility charges, or reasonable incidental charges, or change of use of the park. Like a corporation who cannot maintain a legal action in court unless it is in good standing with the Secretary of State, a park should maintain good standing with a valid [permit to operate] before they pursue a legal eviction against a resident.”
Arguments in Opposition: None on file.
Related Legislation:
AB 2022 (Addis) of the current legislative session would add new requirements to the emergency preparedness plan and emergency procedures that mobilehome park owners or operators must adopt and comply with, to take effect July 1, 2025. This bill is currently pending a hearing in this committee.
AB 2247 (Wallis) of the current legislative session extends the sunset date on the MPA from January 1, 2025 to January 1, 2030, and requires a notice of violation to include information about the Manufactured Housing Opportunity and Revitalization (MORE) Program. This bill is currently pending a hearing in this committee.
SB 1108 (Ochoa Bogh) of the current legislative session would indefinitely extend provisions of the MPA relating to HCD enforcement authority of the health and safety standards for mobilehome parks, make changes requiring HCD to mail a copy of a first notice of violation for a resident’s violation of the MPA or related regulations to the park’s designated responsible person, increase the time allowed for correction of a violation from 60 to 90 days, and make HCD responsible for exhausting all administrative and legal recourse against a resident before requiring action by the mobilehome park. This bill is currently pending before the Senate Appropriations Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
Golden State Manufactured-home Owners League
Opposition
None on file.
Analysis Prepared by: Nicole Restmeyer / H. & C.D. / (916) 319-2085
Discussed in Hearing
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Bill Author
Bill Co-Author(s):