Existing law, the Mobilehome Residency Law, prescribes various terms and conditions of tenancies in mobilehome parks. Existing law, in the case of a sale or transfer of a mobilehome that will remain in the park, authorizes the management of a mobilehome park to only require repairs or improvements to, among other structures, a mobilehome, if specified conditions are met. Existing law requires the management to provide a homeowner with a written summary of repairs or improvements that management requires to, among other structures, the mobilehome no later than 10 business days following the receipt of a request for this information, as specified.

This bill would instead require the management to provide a homeowner with the written summary of repairs or improvements no later than 15 days following receipt of a request. The bill would deem the management to have voluntarily waived any and all rights to require repairs or improvements if the management fails or refuses to provide a homeowner the written summary, except as specified.

Existing law authorizes the management of a mobilehome park to require prior approval of a purchaser of a mobilehome that will remain in the park, as specified. Existing law requires management to notify the seller and the prospective purchaser, in writing, of either acceptance or rejection of the application within 15 days of receiving all of the information requested from the prospective purchaser.

This bill would deem management to have approved the application of the prospective purchaser if management fails or refuses to notify the seller and the prospective purchaser within 15 days of receiving the information.

Existing law requires the homeowner of a mobilehome or manufactured home in a mobilehome park to make certain real estate disclosures as part of a transfer or sale of a manufactured home or mobilehome in a mobilehome park, including the use of a Mobilehome Transfer Disclosure Statement.

This bill would require a homeowner to provide a copy of the Manufactured Home and Mobilehome Transfer Disclosure Statement to the management of a mobilehome park in the case of a sale or transfer of a mobilehome that would remain in the park.

Existing law requires an escrow, sale, or transfer agreement involving a mobilehome located in a park at the time of the sale, where the mobilehome is to remain in the park, to contain a copy of either a fully executed rental agreement or a statement signed by the parks management and the prospective homeowner that the parties have agreed to the terms and conditions of a rental agreement. Under existing law, if the purchaser fails to execute the rental agreement, the purchaser does not have any rights to tenancy. Existing law considers an occupant of a mobilehome who has no rights to tenancy and is not otherwise entitled to occupy the mobilehome an unlawful occupant if the occupant refuses to surrender the mobilehome park site to management, as specified, and subjects an unlawful occupant to certain provisions related to unlawful detainer. Existing law exempts an occupant of a mobilehome from being considered an unlawful occupant if certain conditions are present, including, among other things, the management has determined that the occupant has the financial ability to pay rent and charges of the park and will comply with the rules and regulations of the park, as specified, and provisions regarding the sale and transfer of a mobilehome.

This bill, as an alternative to the above-specified condition, would exempt an occupant of a mobilehome from being considered an unlawful occupant if management failed or refused to timely notify the occupant of rejection or acceptance of the application of the prospective purchaser pursuant to the bills provisions.

Existing law, the Mobilehome Residency Law, prescribes various terms and conditions of tenancies in mobilehome parks. Existing law, in the case of a sale or transfer of a mobilehome that will remain in the park, authorizes the management of a mobilehome park to only require repairs or improvements to, among other structures, a mobilehome, if specified conditions are met. Existing law requires the management to provide a homeowner with a written summary of repairs or improvements that management requires to, among other structures, the mobilehome no later than 10 business days following the receipt of a request for this information, as specified.

This bill would instead require the management to provide a homeowner with the written summary of repairs or improvements no later than 15 days following receipt of a request. The bill would deem the management to have voluntarily waived any and all rights to require repairs or improvements if the management fails or refuses to provide a homeowner the written summary, except as specified.

Existing law authorizes the management of a mobilehome park to require prior approval of a purchaser of a mobilehome that will remain in the park, as specified. Existing law requires management to notify the seller and the prospective purchaser, in writing, of either acceptance or rejection of the application within 15 days of receiving all of the information requested from the prospective purchaser.

This bill would deem management to have approved the application of the prospective purchaser if management fails or refuses to notify the seller and the prospective purchaser within 15 days of receiving the information.

Existing law requires the homeowner of a mobilehome or manufactured home in a mobilehome park to make certain real estate disclosures as part of a transfer or sale of a manufactured home or mobilehome in a mobilehome park, including the use of a Mobilehome Transfer Disclosure Statement.

This bill would require a homeowner to provide a copy of the Manufactured Home and Mobilehome Transfer Disclosure Statement to the management of a mobilehome park in the case of a sale or transfer of a mobilehome that would remain in the park.

Existing law requires an escrow, sale, or transfer agreement involving a mobilehome located in a park at the time of the sale, where the mobilehome is to remain in the park, to contain a copy of either a fully executed rental agreement or a statement signed by the parks management and the prospective homeowner that the parties have agreed to the terms and conditions of a rental agreement. Under existing law, if the purchaser fails to execute the rental agreement, the purchaser does not have any rights to tenancy. Existing law considers an occupant of a mobilehome who has no rights to tenancy and is not otherwise entitled to occupy the mobilehome an unlawful occupant if the occupant refuses to surrender the mobilehome park site to management, as specified, and subjects an unlawful occupant to certain provisions related to unlawful detainer. Existing law exempts an occupant of a mobilehome from being considered an unlawful occupant if certain conditions are present, including, among other things, the management has determined that the occupant has the financial ability to pay rent and charges of the park and will comply with the rules and regulations of the park, as specified, and provisions regarding the sale and transfer of a mobilehome.

This bill, as an alternative to the above-specified condition, would exempt an occupant of a mobilehome from being considered an unlawful occupant if management failed or refused to timely notify the occupant of rejection or acceptance of the application of the prospective purchaser pursuant to the bills provisions.

Existing law, the Mobilehome Residency Law, prescribes various terms and conditions of tenancies in mobilehome parks. Existing law, in the case of a sale or transfer of a mobilehome that will remain in the park, authorizes the management of a mobilehome park to only require repairs or improvements to, among other structures, a mobilehome, under if specified circumstances, including that the repair or improvement relates to the exterior of the mobilehome. conditions are met. Existing law also requires the management to provide a homeowner with a written summary of repairs or improvements that management requires to, among other structures, the mobilehome no later than 10 business days following the receipt of a request for this information, as specified.

This bill would instead require the management to provide a homeowner with the written summary of repairs or improvements no later than 15 days following receipt of a request. The bill would deem the management to have voluntarily waived any and all rights to require repairs or improvements if the management fails or refuses to provide a homeowner the written summary, except as specified.

Existing law authorizes the management of a mobilehome park to require prior approval of a purchaser of a mobilehome that will remain in the park, as specified. Existing law requires management to notify the seller and the prospective purchaser, in writing, of either acceptance or rejection of the application within 15 days of receiving all of the information requested from the prospective purchaser.

This bill would deem management to have approved the application of the prospective purchaser if management fails or refuses to notify the seller and the prospective purchaser within 15 days of receiving the information.

Existing law requires the homeowner of a mobilehome or manufactured home in a mobilehome park to make certain real estate disclosures as part of a transfer or sale of a manufactured home or mobilehome in a mobilehome park, including the use of a Mobilehome Transfer Disclosure Statement.

This bill would require a homeowner to provide a copy of the Manufactured Home and Mobilehome Transfer Disclosure Statement to the management of a mobilehome park in the case of a sale or transfer of a mobilehome that would remain in the park.

Existing law requires an escrow, sale, or transfer agreement involving a mobilehome located in a park at the time of the sale, where the mobilehome is to remain in the park, to contain a copy of either a fully executed rental agreement or a statement signed by the parks management and the prospective homeowner that the parties have agreed to the terms and conditions of a rental agreement. Under existing law, if the purchaser fails to execute the rental agreement, the purchaser does not have any rights to tenancy. Existing law considers an occupant of a mobilehome who has no rights to tenancy and is not otherwise entitled to occupy the mobilehome an unlawful occupant if the occupant refuses to surrender the mobilehome park site to management, as specified, and subjects an unlawful occupant to certain provisions related to unlawful detainer. Existing law exempts an occupant of a mobilehome from being considered an unlawful occupant if certain conditions are present, including, among other things, the management has determined that the occupant has the financial ability to pay rent and charges of the park and will comply with the rules and regulations of the park, as specified, and provisions regarding the sale and transfer of a mobilehome.

This bill, as an alternative to the above-specified condition, would exempt an occupant of a mobilehome from being considered an unlawful occupant if management failed or refused to timely notify the occupant of rejection or acceptance of the application of the prospective purchaser pursuant to the bills provisions.

Existing law, the Mobilehome Residency Law, prescribes various terms and conditions of tenancies in mobilehome parks. Existing law, in the case of a sale or transfer of a mobilehome that will remain in the park, authorizes the management of a mobilehome park to only require repairs or improvements to, among other structures, a mobilehome, under specified circumstances, including that the repair or improvement relates to the exterior of the mobilehome. Existing law also requires the management to provide a homeowner with a written summary of repairs or improvements that management requires to, among other structures, the mobilehome no later than 10 business days following the receipt of a request for this information, as specified.

This bill would prohibit the management from requiring repairs or improvements to the interior of the mobilehome, preapprovals of the repairs or improvement, or a homeowner to obtain or provide an inspection of any portion of the interior of the mobilehome, as specified. The bill would instead require the management to provide a homeowner with the written summary of repairs or improvements no later than 15 days following receipt of a request. The bill would deem the management to have voluntarily waived any and all rights to require repairs or improvements if the management fails or refuses to provide a homeowner the written summary, except as specified.

Existing law authorizes the management of a mobilehome park to require prior approval of a purchaser of a mobilehome that will remain in the park, as specified. Existing law requires management to notify the seller and the prospective purchaser, in writing, of either acceptance or rejection of the application within 15 days of receiving all of the information requested from the prospective purchaser.

This bill would deem management to have approved the application of the prospective purchaser if management fails or refuses to notify the seller and the prospective purchaser within 15 days of receiving the information.

Existing law requires an escrow, sale, or transfer agreement involving a mobilehome located in a park at the time of the sale, where the mobilehome is to remain in the park, to contain a copy of either a fully executed rental agreement or a statement signed by the parks management and the prospective homeowner that the parties have agreed to the terms and conditions of a rental agreement. Under existing law, if the purchaser fails to execute the rental agreement, the purchaser does not have any rights to tenancy. Existing law considers an occupant of a mobilehome who has no rights to tenancy and is not otherwise entitled to occupy the mobilehome an unlawful occupant if the occupant refuses to surrender the mobilehome park site to management, as specified, and subjects an unlawful occupant to certain provisions related to unlawful detainer. Existing law exempts an occupant of a mobilehome from being considered an unlawful occupant if certain conditions are present, including, among other things, the management has determined that the occupant has the financial ability to pay rent and charges of the park and will comply with the rules and regulations of the park, as specified, and provisions regarding the sale and transfer of a mobilehome.

This bill, as an alternative to the above-specified condition, would exempt an occupant of a mobilehome from being considered an unlawful occupant if management failed or refused to timely notify the occupant of rejection or acceptance of the application of the prospective purchaser pursuant to the bills provisions.

Existing law, the Mobilehome Residency Law, prescribes various terms and conditions of tenancies in mobilehome parks. Existing law, in the case of a sale or transfer of a mobilehome that will remain in the park, authorizes the management of a mobilehome park to only require repairs or improvements to, among other structures, a mobilehome, under specified circumstances, including that the repair or improvement relates to the exterior of the mobilehome. Existing law also requires the management to provide a homeowner with a written summary of repairs or improvements that management requires to, among other structures, the mobilehome no later than 10 business days following the receipt of a request for this information, as specified.

This bill would prohibit the management from requiring repairs or improvements to the interior of the mobilehome, preapprovals of the repairs or improvement, or a homeowner to obtain or provide an inspection of any portion of the interior of the mobilehome, as specified. The bill would instead require the management to provide a homeowner with the written summary of repairs or improvements no later than 15 days following receipt of a request. The bill would deem the management to have voluntarily waived any and all rights to require repairs or improvements if the management fails or refuses to provide a homeowner the written summary, except as specified.

Existing law authorizes the management of a mobilehome park to require prior approval of a purchaser of a mobilehome that will remain in the park, as specified. Existing law requires management to notify the seller and the prospective purchaser, in writing, of either acceptance or rejection of the application within 15 days of receiving all of the information requested from the prospective purchaser.

This bill would deem management to have approved the application of the prospective purchaser if management fails or refuses to notify the seller and the prospective purchaser within 15 days of receiving the information.

Existing law, the Mobilehome Residency Law, prescribes various terms and conditions of tenancies in mobilehome parks. Existing law, in the case of a sale or transfer of a mobilehome that will remain in the park, authorizes the management of a mobilehome park to only require repairs or improvements to, among other structures, a mobilehome, under specified circumstances, including that the repair or improvement relates to the exterior of the mobilehome. Existing law also requires the management to provide a homeowner with a written summary of repairs or improvements that management requires to, among other structures, the mobilehome no later than 10 business days following the receipt of a request for this information, as specified.

This bill would prohibit the management from requiring repairs or improvements to the interior of the mobilehome, preapprovals of the repairs or improvement, or a homeowner to obtain or provide an inspection of any portion of the interior of the mobilehome, as specified. The bill would instead require the management to provide a homeowner with the written summary of repairs or improvements no later than 15 days following receipt of a request. The bill would deem the management to have voluntarily waived any and all rights to require repairs or improvements if the management fails or refuses to provide a homeowner the written summary, except as specified.

Existing law authorizes the management of a mobilehome park to require prior approval of a purchaser of a mobilehome that will remain in the park, as specified. Existing law requires management to notify the seller and the prospective purchaser, in writing, of either acceptance or rejection of the application within 15 days of receiving all of the information requested from the prospective purchaser.

This bill would deem management to have approved the application of the prospective purchaser if management fails or refuses to notify the seller within 15 days of receiving the information.

 THIRD READING 

Bill No: AB 456

Author: Connolly (D)

Amended: 6/2/25 in Assembly

Vote: 21

SENATE JUDICIARY COMMITTEE: 13-0, 7/1/25

AYES: Umberg, Niello, Allen, Arreguín, Ashby, Caballero, Durazo, Laird, Stern, Valladares, Wahab, Weber Pierson, Wiener

ASSEMBLY FLOOR: 74-0, 6/5/25 - See last page for vote

SUBJECT: Mobilehome parks: sales or transfers: prospective purchasers of mobilehomes

SOURCE: Golden State Manufactured-home Owners League, Inc.

DIGEST:

This bill modifies rules relating to the sale or transfer of a mobilehome that will remain in the park and provides that, if park management fails or refuses to notify a seller or prospective purchaser of specified information, certain rights for management to require repairs or improvements to the mobilehome or to deny the tenancy application of a prospective purchaser is waived.

ANALYSIS:

Existing law:

1. Creates 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. (Civil Code (Civ. Code) §§ 798 et seq.).
2. Requires mobilehome site rental agreements to be in writing and contain specified provisions, including a copy of the rules and regulations of the park, a copy of the text of the MRL, and specified notices regarding mobilehome residents’ rights. Requires that mobilehome park management must provide a copy of the MRL, or a notice that a change has been made to the MRL and that residents may obtain a copy of the MRL from management at no charge, prior to February 1st of each year whenever there has been a significant change to the MRL. (Civ. Code) § 798.15.)
3. 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.)
4. Prohibits management from terminating or refusing to renew a tenancy, except for a reason specified in (3), above, 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).)
5. Requires that, when mobilehome park management plans to amend the park’s rules and regulations, it must meet and consult with mobilehome residents in the park, after providing written notice to all mobilehome residents 10 days or more before the meeting. Requires that mobilehome residents who did not consent to the proposed amendment of a rule or regulation receive written notice not less than 6 months before the amendment may be implemented after the meeting. (Civ. Code § 798.25.)
6. Prohibits mobilehome park management from requiring the removal of a mobilehome from the mobilehome park in the event of the sale of the mobilehome to a third party during the term of the mobilehome owner’s rental agreement or for 60 days after management provided notice of eviction of the previous mobilehome owner, except in limited circumstances to upgrade the quality of the park. Requires mobilehome park management to provide particular notice of the condition of the mobilehome permitting it to require the mobilehome’s removal under this exception. (Civ. Code § 798.73.)
7. Allows park management, in the event of a sale to a third party under (6), above, in order to upgrade the quality of the park, to require that a mobilehome be removed from the park where:
   1. The home is not a “mobilehome,” as defined;
   2. The home is more than 20 years old, or more than 25 years old if manufactured after September 15, 1971, and is 20 feet wide or more, and does not comply with specified health and safety standards and regulations, as determined following an inspection by the appropriate enforcement agency;
   3. The mobilehome is more than 17 years old, or more than 25 years old if manufactured after September 15, 1971, and is less than 20 feet wide, and the mobilehome does not comply with specified construction and safety standards and regulations, as determined following an inspection by the appropriate enforcement agency; or
   4. The home is in a significantly rundown condition or in disrepair, as determined by the general condition of the mobilehome and its acceptability to the health and safety of the occupants and to the public, exclusive of its age. Requires management use reasonable discretion in determining the general condition of the mobilehome and its accessory structures, and shall bear the burden of demonstrating that the mobilehome is in a significantly rundown condition or in disrepair. (Civ. Code § 798.73.)
8. Prohibits management from requiring a mobilehome to be removed from the park under (7), above, unless the management has provided to the homeowner notice specifying the condition that permits the removal of the mobilehome. (Civ. Code § 798.73(e).)
9. Allows park management to require repairs or improvements to a mobilehome, its appurtenances, or an accessory structure in the case of a sale or transfer of a mobilehome that will remain in the park, if the repairs or improvements meet all of the following conditions:
   1. The repair or improvement is to the mobilehome, its appurtenances, or an accessory structure that is not owned and installed by management, except as allowed for cases of damage to the park space or property owned by management caused by the actions or negligence of the homeowner or an agent of the homeowner;
   2. The repair or improvement is based upon or is required by a local ordinance or state statute or regulation relating to mobilehomes, or a rule or regulation of the mobilehome park that implements or enforces a local ordinance or a state statute or regulation relating to mobilehomes; and
   3. The repair or improvement relates to the exterior of the mobilehome, its appurtenances, or an accessory structure that is not owned and installed by management. (Civ. Code § 798.73.5(a).)
10. Requires park management to provide a homeowner a written summary of repairs or improvements that management requires to be made to the mobilehome, its appurtenances, or an accessory structure that is not owned and installed by management no later than 10 business days following receipt of a request for this information, as part of the 60-day minimum notice required when a homeowner vacates their tenancy. Requires the summary of repairs or improvements to include specific references to park rules and regulations, local ordinances, and state statutes and regulations relating to mobilehomes upon which the request for repair or improvement is based. (Civ. Code § 798.73.5(b).)
11. Allows management to require the right of prior approval of a prospective purchaser of a mobilehome that will remain in the park. Requires a mobilehome owner or their agent selling their mobilehome to give notice of a sale of a mobilehome that will remain in the park to management before the close of the sale. Requires management to provide the seller and prospective purchaser, within 15 days of receiving this notice from the seller, both of the following:
    1. The standards that management customarily utilizes to approve a tenancy application, including the minimum reported credit score from a consumer credit reporting agency that management requires for approval; and
    2. A list of all documentation that management will require to determine if the prospective purchaser will qualify for tenancy in the park. (Civ. Code § 798.74(b).)
12. Prohibits management from withholding approval from a prospective purchaser of a mobilehome unless any of the following apply:
    1. Management reasonably determines that, based upon the purchaser’s prior tenancies, the purchaser will not comply with the rules and regulations of the park;
    2. The purchaser does not have the financial ability to pay the rent, estimated utilities, and other charges of the park; or
    3. The purchaser has committed fraud, deceit, or concealment of material facts during the application process. (Civ. Code § 798.74(c).)
13. Requires park management to notify the seller and prospective purchaser in writing within 15 business days of receiving all of the information requested from the prospective purchaser of either acceptance or rejection of the purchaser’s application. Requires a prospective purchaser to comply with park management’s request, if any, for a personal interview during this 15-day period. Requires park management, if it rejects the application for tenancy, to state the reason for the rejection in accordance with (12), above. (Civ. Code § 798.74(e)(1).)
14. Requires park management to provide a prospective mobilehome owner with specified information, including the monthly space rent and other information, within two business days of receiving a request from a prospective mobilehome owner for an application for residency for a specific space within the park, if management has been advised that the mobilehome occupying that space is for sale. (Civ. Code § 798.74.5(a).)
15. Requires an escrow, sale, or transfer agreement involving a mobilehome located in a park at the time of sale, where the mobilehome is to remain in the park, to contain a copy of either a fully executed rental agreement or a statement signed by the park’s management and the prospective homeowner that the parties have agreed to the terms and conditions of a rental agreement. (Civ. Code § 798.75(a).)
16. Requires an escrow, sale, or transfer agreement involving a mobilehome located in the mobilehome park that will remain in the park to include a copy of a fully executed rental agreement or a statement signed by the parties stating that they have agreed to the terms and conditions of a rental agreement. Specifies that, if the mobilehome purchaser fails to execute a rental agreement, they will have no rights of tenancy and will be subject to eviction as an unlawful occupant. (Civ. Code § 798.75.)
17. Prohibits an occupant of a mobilehome from being considered an unlawful occupant and prohibits them from being subject to unlawful detainer proceedings if the occupant is the registered owner of the mobilehome, park management has determined that the occupant has the financial ability to pay the rent and charges of the park and will comply with the MRL and the park rules and regulations, and management failed or refused to offer the occupant a rental agreement. (Civ. Code § 798.75(d).)

This bill:

1. Extends the timeline for park management to provide the mobilehome owner a written summary of repairs or improvements that park management is requiring when the mobilehome is being sold and will remain in the park from 10 to 15 business days from receiving a request for such information.
2. Specifies that, if park management fails or refuses to provide the mobilehome owner a written summary of repairs or improvements that park management requires to be made to the mobilehome, its appurtenances, or an accessory structure, park management must be deemed to have voluntarily waived any and all rights to require repairs or improvements to the mobilehome, its appurtenances, or an accessory structure, other than a repair or improvement that is required by local ordinances and statutes and regulations related to health and safety.
3. Specifies that, if park management fails or refuses to notify a mobilehome seller and prospective purchaser in writing of management’s acceptance or rejection of the prospective purchaser’s tenancy application, park management must be deemed to have approved the application.
4. Requires, in the case of the sale or transfer of a mobilehome that will remain in the mobilehome park and upon written request, that a mobilehome owner provide a copy of the mobilehome’s TDS to park management.
5. Specifies that a mobilehome purchaser is not considered an unlawful occupant when they fail to execute a rental agreement if:
   1. Park management failed or refused to timely notify the occupant of the acceptance or rejection of their tenancy application, as required, such that the occupant was deemed to have been approved for tenancy;
   2. The occupant is the registered owner of the mobilehome; and
   3. Park management failed or refused to offer the occupant a rental agreement.

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

SUPPORT: (Verified 7/3/25)

Golden State Manufactured-home Owners League, Inc. (source)

AARP

California Alliance for Retired Americans

OPPOSITION: (Verified 7/3/25)

None received

ARGUMENTS IN SUPPORT:

According to the Golden State Manufactured-home Owners League, Inc.:

There continues to be frequent instances when park managers interfere with, and sometimes obstruct the sale of mobilehomes – often the only asset a mobilehome owner has.

The bill continues to allow park management to require certain repairs or upgrades to the exterior of a mobilehome at time of an “in place” sale in a park. Upon request of the selling homeowner, park management must provide a written summary of those items to the seller within 10 business days.

Despite making such requests, selling homeowners often receive multiple delayed responses from park management and sometimes no response at all. As a result, sales transactions are delayed or unable to close on time, resulting in significant damage to the parties. Park management is known to disrupt sales to allow management to buy the home at a much lower price and then it rent at a significantly higher price.

Finally, once a sales contract is finalized and the sale is in escrow, mobilehome buyers often do not receive approval for their tenancy in the park, which is a condition of the sale.

Interference with the sale of a home is not legal anywhere in California. AB 456 ensures that is also true for the sale of mobilehomes.

ASSEMBLY FLOOR: 74-0, 6/5/25

AYES: Addis, Aguiar-Curry, Ahrens, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Fong, Gabriel, Gallagher, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Nguyen, Pacheco, Papan, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Ransom, Celeste Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Sharp-Collins, Solache, Soria, Stefani, Ta, Tangipa, Valencia, Wallis, Ward, Wicks, Wilson, Zbur, Rivas

NO VOTE RECORDED: Alanis, Chen, Flora, Ortega, Michelle Rodriguez

Prepared by: Ian Dougherty / JUD. / (916) 651-4113

9/4/25 11:31:51

**** END ****

SENATE JUDICIARY COMMITTEE

Senator Thomas Umberg, Chair

2025-2026 Regular Session

Bill No: AB 456 (Author:Connolly)

Version: June 2, 2025

Hearing Date: July 1, 2025

Fiscal: No

Urgency: No

Consultant: ID

SUBJECT

Mobilehome parks: sales or transfers: prospective purchasers of mobilehomes

DIGEST

This bill modifies rules relating to the sale or transfer of a mobilehome that will remain in the park and provides that, if park management fails or refuses to notify a seller or prospective purchaser of specified information, certain rights for management to require repairs or improvements to the mobilehome or to deny the tenancy application of a prospective purchaser is waived.

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, the Mobilehome Residency Law (MRL), regulates the relationship between mobilehome park owners and park residents, and establishes various rights, responsibilities, and limits of both groups. Since moving a mobilehome is incredibly difficult, most mobilehome sales are what are called “in-place” transfers, meaning that the mobilehome remains in the park. However, because the mobilehome is located in a mobilehome park, the new mobilehome owner must also become a tenant of the park. Under the MRL, mobilehome park management may only require an owner of a mobilehome that is sold and will remain in the park to complete specified repairs or improvements to the mobilehome. Park management must notify the mobilehome owner of these required repairs or improvements on specified timelines. Park management may also require that any prospective purchaser of a mobilehome on the park that will remain be approved for a tenancy before the sale is completed, but the MRL requires that park management provides notice of this, their standards for approval, and their decision on a prospective purchaser’s application for tenancy on specified timelines. If a new mobilehome owner in the park fails to execute a rental agreement, the MRL specifies that they are an unlawful occupant and may be evicted from the park, except for in specified circumstances.

AB 456 makes changes to these requirements relating to when a mobilehome is sold within the mobilehome park to require that a mobilehome park’s right to require repairs or improvements to the mobilehome, or to deny an application of tenancy of a prospective buyer, is waived if park management fails to provide the mobilehome seller and prospective buyer specified information within the required timeline. AB 456 also expands the exception to a new mobilehome owner who fails to execute a rental agreement being an unlawful occupant, and requires a mobilehome owner selling a mobilehome that will remain in the park to provide park management the required transfer disclosure statement, if requested.

AB 456 is sponsored by the Golden State Manufactured-home Owners League, Inc., and is supported by the AARP and the California Alliance for Retired Americans. The Committee has received no timely letters of opposition.

PROPOSED CHANGES TO THE LAW

Existing law:

1. Creates 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.).
2. Requires mobilehome site rental agreements to be in writing and contain specified provisions, including a copy of the rules and regulations of the park, a copy of the text of the MRL, and specified notices regarding mobilehome residents’ rights. Requires that mobilehome park management must provide a copy of the MRL, or a notice that a change has been made to the MRL and that residents may obtain a copy of the MRL from management at no charge, prior to February 1st of each year whenever there has been a significant change to the MRL. (Civ. Code § 798.15.)
3. 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.)
4. Prohibits management from terminating or refusing to renew a tenancy, except for a reason specified in (3), above, 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).)
5. Requires that, when mobilehome park management plans to amend the park’s rules and regulations, it must meet and consult with mobilehome residents in the park, after providing written notice to all mobilehome residents 10 days or more before the meeting. Requires that mobilehome residents who did not consent to the proposed amendment of a rule or regulation receive written notice not less than 6 months before the amendment may be implemented after the meeting. (Civ. Code § 798.25.)
6. Prohibits mobilehome park management from requiring the removal of a mobilehome from the mobilehome park in the event of the sale of the mobilehome to a third party during the term of the mobilehome owner’s rental agreement or for 60 days after management provided notice of eviction of the previous mobilehome owner, except in limited circumstances to upgrade the quality of the park. Requires mobilehome park management to provide particular notice of the condition of the mobilehome permitting it to require the mobilehome’s removal under this exception. (Civ. Code § 798.73.)
7. Allows park management, in the event of a sale to a third party under (6), above, in order to upgrade the quality of the park, to require that a mobilehome be removed from the park where:
   1. the home is not a “mobilehome,” as defined;
   2. the home is more than 20 years old, or more than 25 years old if manufactured after September 15, 1971, and is 20 feet wide or more, and does not comply with specified health and safety standards and regulations, as determined following an inspection by the appropriate enforcement agency;
   3. the mobilehome is more than 17 years old, or more than 25 years old if manufactured after September 15, 1971, and is less than 20 feet wide, and the mobilehome does not comply with specified construction and safety standards and regulations, as determined following an inspection by the appropriate enforcement agency; or
   4. the home is in a significantly rundown condition or in disrepair, as determined by the general condition of the mobilehome and its acceptability to the health and safety of the occupants and to the public, exclusive of its age. Requires management use reasonable discretion in determining the general condition of the mobilehome and its accessory structures, and shall bear the burden of demonstrating that the mobilehome is in a significantly rundown condition or in disrepair. (Civ. Code § 798.73.)
8. Prohibits management from requiring a mobilehome to be removed from the park under (7), above, unless the management has provided to the homeowner notice specifying the condition that permits the removal of the mobilehome. (Civ. Code § 798.73(e).)
9. Allows park management to require repairs or improvements to a mobilehome, its appurtenances, or an accessory structure in the case of a sale or transfer of a mobilehome that will remain in the park, if the repairs or improvements meet all of the following conditions:
   1. the repair or improvement is to the mobilehome, its appurtenances, or an accessory structure that is not owned and installed by management, except as allowed for cases of damage to the park space or property owned by management caused by the actions or negligence of the homeowner or an agent of the homeowner;
   2. the repair or improvement is based upon or is required by a local ordinance or state statute or regulation relating to mobilehomes, or a rule or regulation of the mobilehome park that implements or enforces a local ordinance or a state statute or regulation relating to mobilehomes; and
   3. the repair or improvement relates to the exterior of the mobilehome, its appurtenances, or an accessory structure that is not owned and installed by management. (Civ. Code § 798.73.5(a).)
10. Requires park management to provide a homeowner a written summary of repairs or improvements that management requires to be made to the mobilehome, its appurtenances, or an accessory structure that is not owned and installed by management no later than 10 business days following receipt of a request for this information, as part of the 60-day minimum notice required when a homeowner vacates their tenancy. Requires the summary of repairs or improvements to include specific references to park rules and regulations, local ordinances, and state statutes and regulations relating to mobilehomes upon which the request for repair or improvement is based. (Civ. Code § 798.73.5(b).)
11. Allows management to require the right of prior approval of a prospective purchaser of a mobilehome that will remain in the park. Requires a mobilehome owner or their agent selling their mobilehome to give notice of a sale of a mobilehome that will remain in the park to management before the close of the sale. Requires management to provide the seller and prospective purchaser, within 15 days of receiving this notice from the seller, both of the following:
    1. the standards that management customarily utilizes to approve a tenancy application, including the minimum reported credit score from a consumer credit reporting agency that management requires for approval; and
    2. a list of all documentation that management will require to determine if the prospective purchaser will qualify for tenancy in the park. (Civ. Code § 798.74(b).)
12. Prohibits management from withholding approval from a prospective purchaser of a mobilehome unless any of the following apply:
    1. management reasonably determines that, based upon the purchaser’s prior tenancies, the purchaser will not comply with the rules and regulations of the park;
    2. the purchaser does not have the financial ability to pay the rent, estimated utilities, and other charges of the park; or
    3. the purchaser has committed fraud, deceit, or concealment of material facts during the application process. (Civ. Code § 798.74(c).)
13. Requires park management to notify the seller and prospective purchaser in writing within 15 business days of receiving all of the information requested from the prospective purchaser of either acceptance or rejection of the purchaser’s application. Requires a prospective purchaser to comply with park management’s request, if any, for a personal interview during this 15-day period. Requires park management, if it rejects the application for tenancy, to state the reason for the rejection in accordance with (12), above. (Civ. Code § 798.74(e)(1).)
14. Requires park management to provide a prospective mobilehome owner with specified information, including the monthly space rent and other information, within two business days of receiving a request from a prospective mobilehome owner for an application for residency for a specific space within the park, if management has been advised that the mobilehome occupying that space is for sale. (Civ. Code § 798.74.5(a).)
15. Requires an escrow, sale, or transfer agreement involving a mobilehome located in a park at the time of sale, where the mobilehome is to remain in the park, to contain a copy of either a fully executed rental agreement or a statement signed by the park’s management and the prospective homeowner that the parties have agreed to the terms and conditions of a rental agreement. (Civ. Code § 798.75(a).)
16. Requires an escrow, sale, or transfer agreement involving a mobilehome located in the mobilehome park that will remain in the park to include a copy of a fully executed rental agreement or a statement signed by the parties stating that they have agreed to the terms and conditions of a rental agreement. Specifies that, if the mobilehome purchaser fails to execute a rental agreement, they will have no rights of tenancy and will be subject to eviction as an unlawful occupant. (Civ. Code § 798.75.)
17. Prohibits an occupant of a mobilehome from being considered an unlawful occupant and prohibits them from being subject to unlawful detainer proceedings if the occupant is the registered owner of the mobilehome, park management has determined that the occupant has the financial ability to pay the rent and charges of the park and will comply with the MRL and the park rules and regulations, and management failed or refused to offer the occupant a rental agreement. (Civ. Code § 798.75(d).)

This bill:

1. Extends the timeline for park management to provide the mobilehome owner a written summary of repairs or improvements that park management is requiring when the mobilehome is being sold and will remain in the park from 10 to 15 business days from receiving a request for such information.
2. Specifies that, if park management fails or refuses to provide the mobilehome owner a written summary of repairs or improvements that park management requires to be made to the mobilehome, its appurtenances, or an accessory structure, park management must be deemed to have voluntarily waived any and all rights to require repairs or improvements to the mobilehome, its appurtenances, or an accessory structure, other than a repair or improvement that is required by local ordinances and statutes and regulations related to health and safety.
3. Specifies that, if park management fails or refuses to notify a mobilehome seller and prospective purchaser in writing of management’s acceptance or rejection of the prospective purchaser’s tenancy application, park management must be deemed to have approved the application.
4. Requires, in the case of the sale or transfer of a mobilehome that will remain in the mobilehome park and upon written request, that a mobilehome owner provide a copy of the mobilehome’s TDS to park management.
5. Specifies that a mobilehome purchaser is not considered an unlawful occupant when they fail to execute a rental agreement if:
   1. park management failed or refused to timely notify the occupant of the acceptance or rejection of their tenancy application, as required, such that the occupant was deemed to have been approved for tenancy;
   2. the occupant is the registered owner of the mobilehome; and
   3. park management failed or refused to offer the occupant a rental agreement.

COMMENTS

1. Author’s statement

According to the author:

It is essential for California to protect mobile home owners by increasing clarity and transparency within the mobile home selling process by providing a larger window of time that will give mobile homeowners necessary more flexibility to repair their home before selling. This is a common sense transparency measure that gives mobile home owners the necessary information to sell their homes in a timely manner.

1. Mobilehomes are an important source of affordable housing

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. The mobilehome sits on a lot within a mobilehome park that consists of mobilehomes and common space. The mobilehome park and the lots on which the mobilehomes sit are usually privately owned and managed.

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 to buy 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 spending thousands of dollars to move their mobilehome elsewhere.

Mobilehome residents in California tend to be of lower income 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]

1. The Mobilehome Residency Law and other statutes that regulate mobilehomes

In light of the unique nature of mobilehome parks, the Legislature passed the Mobilehome Residency Law (MRL) in 1978 to regulate the relationship between mobilehome park management and park residents, and to establish various rights for, responsibilities of, and limitations on 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; for nonpayment of rent, utilities, or another reasonable incidental service charged by the park; condemnation of the park; or for a change of uses of the park or any portion of it. (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 any existing or 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 the Department of Housing and Community Development (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 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.) If a mobilehome park is in violation of one of the provisions of the laws or regulations relating to mobilehome parks, HCD can suspend the park’s permit to operate. 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. It also cannot collect rent while its permit is suspended. If a park’s permit to operate is revoked, no residents can reside in the park. 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.

1. The rules that apply when a mobilehome is sold and will remain in the park

Since moving a mobilehome is incredibly difficult, most mobilehome sales are what are called “in-place” transfers, meaning that the mobilehome remains in the park. However, because the mobilehome is located in a mobilehome park, the new mobilehome owner must also become a tenant of the park. Mobilehome park management must provide a prospective mobilehome owner with an application for residency in the park and a notice with specified information regarding the tenancy, including the required rent for the space, within two business days of a request for such information from a prospective buyer. (Civ. Code § 798.74.5.) Park management must also provide a prospective buyer a copy of the park rules and regulations upon request.

However, park management may also require that they must approve any prospective buyer, as a prospective tenant of the park. (Civ. Code § 798.74.) The seller must notify the park when they enter an agreement to sell their mobilehome, after which park management has 15 days to provide the prospective purchaser with the park’s standards for approval of a tenant and a list of all required documents to apply for tenancy. Once park management has received the required application documents from the prospective buyer, management has 15 business days to notify the mobilehome seller and prospective buyer of whether the prospective buyer will be accepted as a tenant. (Civ. Code § 798.74(e).) Park management may only deny a prospective buyer as a tenant if: the park management reasonably determines that they will not comply with the rules and regulations of the park; the prospective buyer does not have the financial ability to pay the rent for their mobilehome lot, estimated utilities, or other charges of the park; or if the buyer has committed fraud, deceit, or concealment of material facts during the application process. (Civ. Code § 798.74(c).) If park management denies an applicant for tenancy, it must state the reason for the rejection, and must consider any additional information that the prospective buyer elects to provide if the rejection is due to the prospective buyer’s financial ability to afford rent.

The MRL also regulates what repairs or improvements mobilehome park management may require of a mobilehome that is being transferred “in-place.” Park management may only require repairs or improvements to the mobilehome, its appurtenances, or an accessory structure not owned and installed by park management when the repair or improvement is required by a local ordinance or state statute or regulation, and the repairs are to the exterior of the mobilehome, an appurtenance, or an accessory structure. (Civ. Code § 798.73.5.) Park management must provide a mobilehome owner with a written summary of the required repairs or improvements no later than 10 business days after it receives a request for this information. (Civ. Code § 798.73.5(b).)

Because a purchaser of a mobilehome must also be a tenant of the park in order to reside in their mobilehome, the MRL includes provisions regulating what happens when a purchaser does not sign a lease. It requires that the sale, escrow, or transfer agreement include either a copy of an executed rental agreement, or a statement that the parties have agreed to the terms of a rental agreement. (Civ. Code § 798.75.) If the buyer does not execute a rental agreement with the mobilehome park, they have no right to reside in the park as a tenant, and if they continue to reside in the park after park management demands that they surrender the mobilehome space, they can be evicted. However, a mobilehome owner may not be evicted for failing to execute a rental agreement when: they are the registered owner of the mobilehome; park management determines that the occupant has the financial ability to pay the rent and charges of the park and will comply with the park rules and regulations; and park management failed or refused to offer the mobilehome owner a rental agreement. (Civ. Code § 798.75(d).)

1. Mobilehome sellers must make certain disclosures to prospective buyers

Sellers of mobilehomes, like sellers of single-family homes, are required to provide a prospective buyer a specified set of disclosures regarding the property. A seller must provide the prospective buyer a mobilehome-specific Transfer Disclosure Statement (TDS), a statutorily-mandated document outlining the conditions and issues with the mobilehome of which the seller is aware. (Civ. Code § 1102.6d.) Disclosures required by the TDS include any known significant defects in the insulation, roof, foundation, plumbing, and electrical systems, among others. It requires an explanation of any noted defects, and also requires a comprehensive list of appliances and other features present on the property, along with the completion of an extensive questionnaire relating to specific dangers or issues known about the property. If the seller knows that any listed feature is not in working condition, they must disclose that fact. Furthermore, the statute mandates a number of other required disclosures and notices that a seller must make to a potential buyer. For example, section 1102.19 requires a seller to disclose to a potential buyer whether the property is located in a designated high or very high fire hazard severity zone, and section 1102.6(g) requires every real property sale contract to include a notice regarding the requirement that a property appraisal be unbiased. The seller of the mobilehome must provide these disclosures as soon as practicable, but no later than the close of escrow, if they have an agent, and if they do not have an agent, provide them at the time of execution of document for the purchase of the mobilehome. (Civ. Code § 1102.3a.) If a seller fails to make the disclosures before the execution of the sale, the buyer has three days, or five days if the disclosures are delivered by mail, to cancel the sale. (Civ. Code § 1102.3a(c).)

1. AB 456 would make various changes to the rules for when a mobilehome that will remain in the mobilehome park is sold

AB 456 makes a number of changes to these processes when a mobilehome in a park is sold. According to the author, mobilehome park management often interferes with and obstructs mobilehome sales within the park. They do so by not responding to sellers’ requests for necessary information in a timely manner or at all, ultimately delaying or sabotaging the sale. This includes delays from park management regarding the approval or denial of a prospective buyer’s application for tenancy. Such delays could result in the sale failing to close by the time set for the close of sale and thus falling through. According to the author, mobilehome parks sometimes subject sales to these delays in order to be able to buy the mobilehome themselves, at a much lower price, in order to rent out the mobilehome themselves for significant rents. Such actions interfere with mobilehome owners’ right to sell their mobilehome, and could decrease the availability of mobilehomes as a form of affordable home ownership.

To help improve this process, AB 456 proposes a number of changes to and extensions of statutory timelines. First, when park management requires improvements or repairs to a mobilehome that is being sold, AB 456 would extend the timeline by which park management must provide the mobilehome owner from 10 business days to 15 business days from receipt of a request for this information from the mobilehome owner. If park management fails or refuses to provide the written summary of required repairs or improvements within this timeline, AB 456 would deem park management to have waived their right to require repairs or improvements to the mobilehome as a condition of the sale, except for any repairs or improvements required by local ordinances or statutes and regulations relating to health and safety.

Second, AB 456 would deem park management to have approved an application for tenancy from a prospective buyer if park management fails or refuses to notify the seller and prospective buyer within the required 15 business days of the acceptance or denial of the prospective buyer. This would ensure that park management comply with the statutory timeline, and act promptly if they intend to deny a prospective buyer’s application for tenancy. For the TDS required to be provided by a mobilehome seller to the prospective buyer, AB 456 also would require that the seller provide a copy of the TDS to park management upon the request of management.

Lastly, AB 456 amends the exception to a new mobilehome owner being considered an unlawful occupant when they have not executed a rental agreement with the mobilehome park. It would allow that the exception apply if park management failed or refused to timely notify the new mobilehome owner of their acceptance or rejection of their tenancy application. Under the changes made by AB 456 as described above, a new mobilehome owner’s tenancy application would be deemed approved if park management does not provide a notice of its approval or denial within the 15 day timeline. Thus, with this last change, AB 456 ensures that a new mobilehome owner is not considered an unlawful occupant just because park management failed to notify the seller and buyer that they were denying the buyer’s application for tenancy in a timely manner.

California law prohibits the tortious interference with other parties’ contract or business relationship. Thus, mobile park management cannot intentionally interfere with a mobilehome owner’s right and efforts to sell their mobilehome. Yet in the context of mobilehome parks, the park management’s interests can also be affected by the sale of a mobilehome within the park, since the park will have a landlord-tenant relationship with the new owner of the mobilehome. California law helps balance this tension between the mobilehome owner and park’s interests by setting timelines and limitations on how park management may refuse or deny a prospective buyer from owning and residing in the mobilehome they plan to buy. AB 456’s changes to these provisions of the MRL add consequences for park management when the statutory timelines are not followed. This would ensure that a mobilehome owner can timely sell their mobilehome, and will have clarity if park management objects to having the new owner as a park resident.

1. Arguments in support

According to the Golden State Manufactured-home Owners League, which is the sponsor of the AB 456:

There continues to be frequent instances when park managers interfere with, and sometimes obstruct the sale of mobilehomes – often the only asset a mobilehome owner has.

The bill continues to allow park management to require certain repairs or upgrades to the exterior of a mobilehome at time of an “in place” sale in a park. Upon request of the selling homeowner, park management must provide a written summary of those items to the seller within 10 business days.

Despite making such requests, selling homeowners often receive multiple delayed responses from park management and sometimes no response at all. As a result, sales transactions are delayed or unable to close on time, resulting in significant damage to the parties. Park management is known to disrupt sales to allow management to buy the home at a much lower price and then it rent at a significantly higher price.

Finally, once a sales contract is finalized and the sale is in escrow, mobilehome buyers often do not receive approval for their tenancy in the park, which is a condition of the sale.

Interference with the sale of a home is not legal anywhere in California. AB 456 ensures that is also true for the sale of mobilehomes.

SUPPORT

Golden State Manufactured-home Owners League, Inc. (sponsor)

AARP

California Alliance for Retired Americans

OPPOSITION

None received

RELATED LEGISLATION

Pending Legislation:

SB 749 (Allen, 2025) makes changes to the process by which a mobilehome park may change the use of the mobilehome park and terminate a mobilehome owner’s residency to do so, and amends the process by which a mobilehome park must offer a previous mobilehome owner a renewed tenancy in a mobilehome park that is rebuilt after being destroyed by a disaster. SB 749 is currently pending in the Assembly Housing and Community Development Committee.

SB 610 (Pérez, 2025) makes various changes to landlord-tenant law, the Mobilehome Residency Law regarding mobilehome parks, and to the Subdivision Map Act to provide additional protections to tenants and mobilehome owners during or related to disasters, including by providing mobilehome owners a right to return to the mobilehome park after a disaster. SB 610 is currently pending before the Assembly Housing and Community Development Committee.

AB 813 (Solache, 2025) permits mobilehome park management to terminate the tenancy of a mobilehome owner for conduct that constitutes a substantial annoyance to park staff, park employees, or other individuals who have contracted with, or regularly provide services for, the park. AB 813 is currently pending before the Assembly Housing and Community Development Committee.

AB 246 (Bryan, 2025) enacts the Social Security Tenant Protection Act of 2025 to prohibit a court from issuing a summons on an unlawful detainer complaint based in whole or in part on the nonpayment of rent or other charges, during a declared social security benefit interruption. AB 246 is currently pending before this Committee.

Prior Legislation:

SB 274 (Dodd, Ch. 504, Stats. 2019) required a mobilehome owner who is selling their mobilehome to provide notice to management of the sale, and required park management to provide within 15 days of this notice the standards that park management uses to approve a tenancy in the park, and limited the reasons on which park management may deny a tenancy application from a prospective mobilehome buyer. Also permitted a mobilehome buyer to provide, and required park management to consider, evidence of additional financial assets if the park denied the tenancy application on the basis of the applicant’s inability to pay rent, utilities, or other charges.

SB 419 (McGuire, Ch. 288, Stats. 2015) required mobilehome park management to provide, upon written request, the information and standards that park management will use to review and the prospective mobilehome owner in a sale, and made changes to rules regarding the listing and showing of a mobilehome that is for sale in the park.

PRIOR VOTES:

Assembly Floor (Ayes 74, Noes 0)

Assembly Housing and Community Development Committee (Ayes 8, Noes 1)

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

1. U.S. Census Bureau, 2021 American Community Survey 1-Year Estimates (2021), available at https://data.census.gov/. ↑

2. U.S. Census Bureau, Manufactured Housing Survey (Jun. 2022), available at https://www.census.gov/data/tables/time-series/econ/mhs/annual-data.html. ↑

ASSEMBLY THIRD READING

ATR Bill Id:AB 456

Author:(Connolly)

As Amended Ver:June 2, 2025

Majority vote

SUMMARY

Modifies rules relating to the sale or transfer of a mobilehome that will remain in the park and provides that if management fails or refuses to notify sellers or prospective purchasers of specified information, certain rights for management to require repairs or improvements to mobilehomes or to approve tenancy applications of prospective purchasers are waived.

Major Provisions

1. Increases the length of time that management has to provide a homeowner with a written summary of repairs or improvements that management requires to the mobilehome, its appurtenances, or an accessory structure that is not owned and installed by the management from no later than 10 business days following the receipt of a request for this information to no later than 15 business days following receipt of such a request.
2. Provides that in the event management fails or refuses to provide a homeowner a written summary of repairs and improvements under 1) above, the management shall be deemed to have voluntarily waived any and all rights to require repairs or improvements to the mobilehome, its appurtenances, or an accessory structure, as a condition of the sale or transfer of a mobilehome, other than a repair or improvement that is required by local ordinances and statutes and regulations due to or based upon health and safety.
3. Requires a homeowner to provide a copy of the Manufactured Home and Mobilehome Transfer Disclosure Statement to management upon written request in the case of a sale or transfer of a mobilehome that will remain in the park.
4. Provides that if management fails or refuses to notify the seller and prospective purchaser of a mobilehome that will remain in the park in writing of either acceptance or rejection of the prospective purchaser's tenancy application pursuant to specified law, the management shall be deemed to have approved the application of the prospective purchaser.
5. Modifies specified provisions of law to include the "deemed approved" status under 4) above so that an occupant of a mobilehome who is the registered owner of a mobilehome and is "deemed approved" for tenancy under 4) above is not considered an unlawful occupant and not subject to eviction proceedings, as provided.

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 thousands to tens of thousands of dollars 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.

The 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. A dispute that arises pursuant to the application of 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. In 2018, the Mobilehome Residency Law Protection Program (MRLPP) was created to help mobilehome park residents better resolve issues and violations of the MRL. The program requires HCD to receive complaints from mobilehome park residents regarding violations of the MRL and refer complaints to a Legal Service Provider or appropriate enforcement agency.

HCD also inspects parks and mobilehomes for health and safety issues. HCD annually inspects 5% of parks for compliance with health and safety requirements under the MPA and Title 25. The program is funded through a $4 fee, of which the property owner may charge half ($2) to the homeowners. HCD also responds to health and safety complaints under 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 homeowners do not fix these violations within certain timeframes, park management may initiate eviction proceedings.

Mobilehome Sales and Applications for Tenancy: As mentioned above, it is uncommon for mobilehomes that have already been installed on a park lot to be relocated from one property or park to another. Typically when a mobilehome owner seeks to move, they offer their mobilehome for sale or transfer "in-place," meaning the home remains on the space and a new owner purchases the in-place unit. Because owning a home in a mobilehome park incorporates the dual role of homeowner and park tenant, prospective purchasers of mobilehomes can be required by park management to submit the equivalent of a tenancy application and may have to interview with management before receiving approval (or rejection) to close the sale and assume tenancy in the park.

If a mobilehome is for sale and management is aware the home is for sale, current law requires management to provide specific information within two business days of receiving a request from a prospective homeowner for an application for residency for that space. This information includes the monthly rent for the space in question, the park's schedule of other fees or charges, and notice that a fully executed lease or rental agreement or a signed statement that the person and management have agreed to the terms and conditions of a rental agreement is required to complete the sale or escrow process of the home (CIV 798.74.5). Once a sale is in process, the seller must provide notice to park management of the pending sale and management has 15 days to provide the seller and prospective purchaser with the standards that management customarily utilizes to approve a tenancy application, and a list of all documentation that management will require to determine if the prospective purchaser will qualify for tenancy in the park. Within 15 business days of receiving all the information requested from the prospective purchaser, management must notify the seller and prospective purchaser of approval or rejection of the tenancy application.

The strict existing timelines for when these notices and other decisions must be delivered reflect the importance of sales closing on time and in cases where financing is involved, for escrow to be completed on the terms and timelines of the financing institution. The author and sponsors describe issues with buyers and sellers not receiving a response or receiving delayed or very late responses from management on pending tenancy applications in ways that have jeopardized sales. This bill would provide that if management fails or refuses to follow the timelines in existing law for accepting or rejecting a tenancy application, they are deemed to have approved the application of the prospective buyer.

Repair Requests During Mobilehome Sales: For similar reasons as described above, there are also timelines and restrictions in existing law regarding what types of repairs or improvements park management can require to be made to a mobilehome or accessory structure during a sale. Management is only permitted to require a homeowner to make repairs or improvements to the mobilehome, its appurtenances, or an accessory structure, and existing law stipulates that those repairs or improvements have to "relate to the exterior of the" structure in question (CIV 798.73.5(a)(3)). There is a significant exemption provided for cases of very old homes that have been inspected by the relevant enforcement agency and been found out of compliance with certain health, construction, and safety standards, as well as homes that are "in a significantly rundown condition or in disrepair, as determined by the general condition of the mobilehome and its acceptability to the health and safety of the occupants and to the public, exclusive of its age" (CIV 798.73). In these cases, management can require these homes to be completely removed from the park rather than sold, freeing up the space for a new mobilehome.

This bill would increase the length of time provided in current law for management to provide the seller with the list of external repairs or improvements from 10 business days to 15 business days after receiving a request. Similar to the "deemed approved" tenancy provision, this bill would provide that if management fails or refuses to provide the homeowner with such a list within the extended 15 business day window, then management is deemed to have waived any rights to require those repairs, unless there is a repair that must be made to comply with specified laws or for health and safety reasons.

This bill also allows management to request to be provided a copy of the Manufactured Home and Mobilehome Transfer Disclosure Statement that is otherwise required to be included in the real estate disclosures during a transfer of property. The disclosure form includes information regarding the seller's awareness of any significant defects, malfunctions, unpermitted work, additions or alterations not in compliance with relevant codes and standards, and certifications regarding the home having working smoke detectors and a correctly anchored water heater.

According to the Author

"It is essential for California to protect mobile home owners by increasing clarity and transparency within the mobile home selling process by providing a larger window that will give mobile homeowners necessary time to repair their home before selling. This is a common sense transparency measure that gives mobile home owners the necessary information to sell their homes in a timely manner. Furthermore, this bill will remove arbitrary internal home inspections that act as additional barriers to the sale of mobile homes and leaves mobile homeowners vulnerable to 'bad actor' park managers."

Arguments in Support

According to the Golden State Manufactured-home Owners League (GSMOL), the bill's sponsor, "The bill continues to allow park management to require certain repairs or upgrades to the exterior of a mobilehome at time of an 'in place' sale in a park. Upon request of the selling homeowner, park management must provide a written summary of those items to the seller within 10 business days. Despite making such requests, selling homeowners often receive multiple delayed responses from park management and sometimes no response at all. As a result, sales transactions are delayed or unable to close on time, resulting in significant damage to the parties. Park management is known to disrupt sales to allow management to buy the home at a much lower price and then rent it at a significantly higher price. In addition, park managers are requiring an inspection of the interior of the mobilehome as a condition of sale, intruding into an area that does not fall within management's authority under existing law. Any interior inspections are to be left between a seller and buyer and to the statutory authority of existing health and safety laws or permit requirements. Finally, once a sales contract is finalized and the sale is in escrow, mobilehome buyers often do not receive approval for their tenancy in the park, which is a condition of the sale. Interference with the sale of a home is not legal anywhere in California. AB 456 ensures that is also true for the sale of mobilehomes."

Arguments in Opposition

None on file.

FISCAL COMMENTS

Unknown. This bill is keyed non-fiscal by Legislative Counsel.

VOTES

ASM HOUSING AND COMMUNITY DEVELOPMENT: 8-1-3

YES: Haney, Caloza, Garcia, Kalra, Lee, Quirk-Silva, Wicks, Wilson

NO: Ávila Farías

ABS, ABST OR NV: Patterson, Ta, Tangipa

UPDATED

VERSION: June 2, 2025

CONSULTANT: Nicole Restmeyer / H. & C.D. / (916) 319-2085 FN: 0000955

ASSEMBLY THIRD READING

ATR Bill Id:AB 456

Author:(Connolly)

As Amended Ver:May 20, 2025

Majority vote

SUMMARY

Modifies rules relating to the sale or transfer of a mobilehome that will remain in the park and provides that if management fails or refuses to notify sellers or prospective purchasers of specified information, certain rights for management to require repairs or improvements to mobilehomes or to approve tenancy applications of prospective purchasers are waived.

Major Provisions

1. Prohibits management from requiring any of the following in the case of a sale or transfer of a mobilehome that will remain in the park:
   1. Repairs or improvements to the interior of the mobilehome;
   2. Preapproval of repairs or improvements to the interior of a mobilehome, except where a local or state permitting authority requires the consenting signature of the management in order to issue a requested permit for the work; or
   3. A homeowner to obtain or provide an inspection of any portion of the interior of a mobilehome, as a condition of approving a sale or transfer of a mobilehome that will remain in the park.
2. Increases the length of time that management has to provide a homeowner with a written summary of repairs or improvements that management requires to the mobilehome, its appurtenances, or an accessory structure that is not owned and installed by the management from no later than 10 business days following the receipt of a request for this information to no later than 15 business days following receipt of such a request.
3. Provides that in the event management fails or refuses to provide a homeowner a written summary of repairs and improvements under 2), above, the management shall be deemed to have voluntarily waived any and all rights to require repairs or improvements to the mobilehome, its appurtenances, or an accessory structure, as a condition of the sale or transfer of a mobilehome, other than a repair or improvement that is required by local ordinances and statutes and regulations due to or based upon health and safety.
4. Requires a homeowner to provide a copy of the Manufactured Home and Mobilehome Transfer Disclosure Statement to management upon written request in the case of a sale or transfer of a mobilehome that will remain in the park.
5. Provides that if management fails or refuses to notify the seller and prospective purchaser of a mobilehome that will remain in the park in writing of either acceptance or rejection of the prospective purchaser′s tenancy application pursuant to specified law, the management shall be deemed to have approved the application of the prospective purchaser.
6. Modifies specified provisions of law to include the ″deemed approved″ status under 5), above, so that an occupant of a mobilehome who is the registered owner of a mobilehome and is ″deemed approved″ for tenancy under 5), above, is not considered an unlawful occupant and not subject to eviction proceedings, as provided.

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 thousands to tens of thousands of dollars 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.

The 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. A dispute that arises pursuant to the application of 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. In 2018, the Mobilehome Residency Law Protection Program (MRLPP) was created to help mobilehome park residents better resolve issues and violations of the MRL. The program requires HCD to receive complaints from mobilehome park residents regarding violations of the MRL and refer complaints to a Legal Service Provider or appropriate enforcement agency.

HCD also inspects parks and mobilehomes for health and safety issues. HCD annually inspects 5% of parks for compliance with health and safety requirements under the MPA and Title 25. The program is funded through a $4 fee, of which the property owner may charge half ($2) to the homeowners. HCD also responds to health and safety complaints under 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 homeowners do not fix these violations within certain timeframes, park management may initiate eviction proceedings.

Mobilehome Sales and Applications for Tenancy: As mentioned above, it is uncommon for mobilehomes that have already been installed on a park lot to be relocated from one property or park to another. Typically when a mobilehome owner seeks to move, they offer their mobilehome for sale or transfer ″in-place,″ meaning the home remains on the space and a new owner purchases the in-place unit. Because owning a home in a mobilehome park incorporates the dual role of homeowner and park tenant, prospective purchasers of mobilehomes can be required by park management to submit the equivalent of a tenancy application and may have to interview with management before receiving approval (or rejection) to close the sale and assume tenancy in the park.

If a mobilehome is for sale and management is aware the home is for sale, current law requires management to provide specific information within two business days of receiving a request from a prospective homeowner for an application for residency for that space. This information includes the monthly rent for the space in question, the park′s schedule of other fees or charges, and notice that a fully executed lease or rental agreement or a signed statement that the person and management have agreed to the terms and conditions of a rental agreement is required to complete the sale or escrow process of the home (CIV 798.74.5). Once a sale is in process, the seller must provide notice to park management of the pending sale and management has 15 days to provide the seller and prospective purchaser with the standards that management customarily utilizes to approve a tenancy application, and a list of all documentation that management will require to determine if the prospective purchaser will qualify for tenancy in the park. Within 15 business days of receiving all the information requested from the prospective purchaser, management must notify the seller and prospective purchaser of approval or rejection of the tenancy application.

The strict existing timelines for when these notices and other decisions must be delivered reflect the importance of sales closing on time and in cases where financing is involved, for escrow to be completed on the terms and timelines of the financing institution. The author and sponsors describe issues with buyers and sellers not receiving a response or receiving delayed or very late responses from management on pending tenancy applications in ways that have jeopardized sales. This bill would provide that if management fails or refuses to follow the timelines in existing law for accepting or rejecting a tenancy application, they are deemed to have approved the application of the prospective buyer.

Repair Requests During Mobilehome Sales: For similar reasons as described above, there are also timelines and restrictions in existing law regarding what types of repairs or improvements park management can require to be made to a mobilehome or accessory structure during a sale. Management is only permitted to require a homeowner to make repairs or improvements to the mobilehome, its appurtenances, or an accessory structure, and existing law stipulates that those repairs or improvements have to ″relate to the exterior of the″ structure in question (CIV 798.73.5(a)(3)). There is a significant exemption provided for cases of very old homes that have been inspected by the relevant enforcement agency and been found out of compliance with certain health, construction, and safety standards, as well as homes that are ″in a significantly rundown condition or in disrepair, as determined by the general condition of the mobilehome and its acceptability to the health and safety of the occupants and to the public, exclusive of its age″ (CIV 798.73). In these cases, management can require these homes to be completely removed from the park rather than sold, freeing up the space for a new mobilehome.

The MRL prohibits management from entering the interior of a person′s mobilehome without the homeowner or resident′s permission. As mentioned, existing law also already prohibits management from requiring repairs or improvements to be made to the interior of a mobilehome as a condition of a sale moving forward. This bill would reinforce that prohibition and would also specify that management cannot require a homeowner to obtain or provide an inspection of any portion of the interior of the mobilehome as a condition of approving a sale or transfer. It stands to reason that any issues with the condition of the interior of the home can already be addressed either through the existing process for filing complaints of suspected violations of the MPA with the appropriate enforcement agency, or as a matter more appropriately handled during negotiations between the seller and prospective buyer or buyers. The bill also allows management to request to be provided a copy of the Manufactured Home and Mobilehome Transfer Disclosure Statement that is otherwise required to be included in the real estate disclosures during a transfer of property. The disclosure form includes information regarding the seller′s awareness of any significant defects, malfunctions, unpermitted work, additions or alterations not in compliance with relevant codes and standards, and certifications regarding the home having working smoke detectors and a correctly anchored water heater.

Furthermore, this bill would actually increase the length of time provided in current law for management to provide the seller with the list of external repairs or improvements from 10 business days to 15 business days after receiving a request. Similar to the ″deemed approved″ tenancy provision, this bill would provide that if management fails or refuses to provide the homeowner with such a list within the extended 15 business day window, then management is deemed to have waived any rights to require those repairs, unless there is a repair that must be made to comply with specified laws or for health and safety reasons.

According to the Author

″It is essential for California to protect mobile home owners by increasing clarity and transparency within the mobile home selling process by providing a larger window that will give mobile homeowners necessary time to repair their home before selling. This is a common sense transparency measure that gives mobile home owners the necessary information to sell their homes in a timely manner. Furthermore, this bill will remove arbitrary internal home inspections that act as additional barriers to the sale of mobile homes and leaves mobile homeowners vulnerable to ′bad actor′ park managers.″

Arguments in Support

According to the Golden State Manufactured-home Owners League (GSMOL), the bill′s sponsor, ″The bill continues to allow park management to require certain repairs or upgrades to the exterior of a mobilehome at time of an ′in place′ sale in a park. Upon request of the selling homeowner, park management must provide a written summary of those items to the seller within 10 business days. Despite making such requests, selling homeowners often receive multiple delayed responses from park management and sometimes no response at all. As a result, sales transactions are delayed or unable to close on time, resulting in significant damage to the parties. Park management is known to disrupt sales to allow management to buy the home at a much lower price and then rent it at a significantly higher price. In addition, park managers are requiring an inspection of the interior of the mobilehome as a condition of sale, intruding into an area that does not fall within management′s authority under existing law. Any interior inspections are to be left between a seller and buyer and to the statutory authority of existing health and safety laws or permit requirements. Finally, once a sales contract is finalized and the sale is in escrow, mobilehome buyers often do not receive approval for their tenancy in the park, which is a condition of the sale. Interference with the sale of a home is not legal anywhere in California. AB 456 ensures that is also true for the sale of mobilehomes.″

Arguments in Opposition

According to the Western Manufactured Housing Communities Association (WMA), ″If a potential buyer of a home with suspected mold or interior structural damage wants to forego an inspection, that is up to the buyer. It is also up to the seller not to agree to an inspection, and the seller is well within his or her rights to refuse to sell to someone who insists on an inspection and instead search for another buyer who will not ask for a review of the home′s interior. The problem with this is that it discourages improvements in the safety of homes and this results in an increased risk to the entire park if the interior condition of the home is reasonably likely to create a fire that could spread to other homes in the park. WMA further understands preventing a home inspection conducted by management would make it easier for a homeowner to sell his or her home to a buyer unaware of the poor conditions. But why is it a good idea to allow a homeowner to sell something that is dangerous to another individual? Again, WMA understands why the sponsors would want to prevent management from requiring an inspection for health and safety issues, but the health and safety of the other tenants in the park should outweigh the desire of a homeowner to sell a home in place that poses a risk to the entire community and preventing management from requiring an inspection.″

FISCAL COMMENTS

Unknown. This bill is keyed non-fiscal by Legislative Counsel.

VOTES

ASM HOUSING AND COMMUNITY DEVELOPMENT: 8-1-3

YES: Haney, Caloza, Garcia, Kalra, Lee, Quirk-Silva, Wicks, Wilson

NO: Ávila Farías

ABS, ABST OR NV: Patterson, Ta, Tangipa

UPDATED

VERSION: May 20, 2025

CONSULTANT: Nicole Restmeyer / H. & C.D. / (916) 319-2085 FN: 0000468

ASSEMBLY THIRD READING

ATR Bill Id:AB 456

Author:(Connolly)

As Amended Ver:May 12, 2025

Majority vote

SUMMARY

Modifies rules relating to the sale or transfer of a mobilehome that will remain in the park and provides that if management fails or refuses to notify sellers or prospective purchasers of specified information, certain rights for management to require repairs or improvements to mobilehomes or to approve tenancy applications of prospective purchasers are waived.

Major Provisions

1. Prohibits management from requiring any of the following in the case of a sale or transfer of a mobilehome that will remain in the park:
   1. Repairs or improvements to the interior of the mobilehome;
   2. Preapproval of repairs or improvements to the interior of a mobilehome, except where a local or state permitting authority requires the consenting signature of the management in order to issue a requested permit for the work; or
   3. A homeowner to obtain or provide an inspection of any portion of the interior of a mobilehome, as a condition of approving a sale or transfer of a mobilehome that will remain in the park.
2. Increases the length of time that management has to provide a homeowner with a written summary of repairs or improvements that management requires to the mobilehome, its appurtenances, or an accessory structure that is not owned and installed by the management from no later than 10 business days following the receipt of a request for this information to no later than 15 business days following receipt of such a request.
3. Provides that in the event management fails or refuses to provide a homeowner a written summary of repairs and improvements under 2) above, the management shall be deemed to have voluntarily waived any and all rights to require repairs or improvements to the mobilehome, its appurtenances, or an accessory structure, as a condition of the sale or transfer of a mobilehome, other than a repair or improvement that is required by local ordinances and statutes and regulations due to or based upon health and safety.
4. Provides that if management fails or refuses to notify the seller and prospective purchaser of a mobilehome that will remain in the park in writing of either acceptance or rejection of the prospective purchaser's tenancy application pursuant to specified law, the management shall be deemed to have approved the application of the prospective purchaser.
5. Modifies specified provisions of law to include the "deemed approved" status under 4) above so that an occupant of a mobilehome who is the registered owner of a mobilehome and is "deemed approved" for tenancy under 4) above is not considered an unlawful occupant and not subject to eviction proceedings, as provided.

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 thousands to tens of thousands of dollars 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.

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 pursuant to the application of 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. In 2018, the Mobilehome Residency Law Protection Program (MRLPP) was created to help mobilehome park residents better resolve issues and violations of the MRL. The program requires the California Department of Housing and Community Development (HCD) to receive complaints from mobilehome park residents regarding violations of the MRL and refer complaints to a Legal Service Provider or appropriate enforcement agency.

HCD also inspects parks and mobilehomes for health and safety issues. HCD annually inspects 5% of parks for compliance with health and safety requirements under the MPA and Title 25. The program is funded through a $4 fee, of which the property owner may charge half ($2) to the homeowners. HCD also responds to health and safety complaints under 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 homeowners do not fix these violations within certain timeframes, park management may initiate eviction proceedings.

Mobilehome Sales and Applications for Tenancy: As mentioned above, it is uncommon for mobilehomes that have already been installed on a park lot to be relocated from one property or park to another. Typically when a mobilehome owner seeks to move, they offer their mobilehome for sale or transfer "in-place," meaning the home remains on the space and a new owner purchases the in-place unit. Because owning a home in a mobilehome park incorporates the dual role of homeowner and park tenant, prospective purchasers of mobilehomes can be required by park management to submit the equivalent of a tenancy application and may have to interview with management before receiving approval (or rejection) to close the sale and assume tenancy in the park.

If a mobilehome is for sale and management is aware the home is for sale, current law requires management to provide specific information within two business days of receiving a request from a prospective homeowner for an application for residency for that space. This information includes the monthly rent for the space in question, the park's schedule of other fees or charges, and notice that a fully executed lease or rental agreement or a signed statement that the person and management have agreed to the terms and conditions of a rental agreement is required to complete the sale or escrow process of the home (CIV 798.74.5). Once a sale is in process, the seller must provide notice to park management of the pending sale and management has 15 days to provide the seller and prospective purchaser with the standards that management customarily utilizes to approve a tenancy application, and a list of all documentation that management will require to determine if the prospective purchaser will qualify for tenancy in the park. Within 15 business days of receiving all the information requested from the prospective purchaser, management must notify the seller and prospective purchaser of approval or rejection of the tenancy application.

The strict existing timelines for when these notices and other decisions must be delivered reflect the importance of sales closing on time and in cases where financing is involved, for escrow to be completed on the terms and timelines of the financing institution. The author and sponsors describe issues with buyers and sellers not receiving a response or receiving delayed or very late responses from management on pending tenancy applications in ways that have jeopardized sales. This bill would provide that if management fails or refuses to follow the timelines in existing law for accepting or rejecting a tenancy application, they are deemed to have approved the application of the prospective buyer.

Repair Requests During Mobilehome Sales: For similar reasons as described above, there are also timelines and restrictions in existing law regarding what types of repairs or improvements park management can require to be made to a mobilehome or accessory structure during a sale. Management is only permitted to require a homeowner to make repairs or improvements to the mobilehome, its appurtenances, or an accessory structure, and existing law stipulates that those repairs or improvements have to "relate to the exterior of the" structure in question (CIV 798.73.5(a)(3)). There is a significant exemption provided for cases of very old homes that have been inspected by the relevant enforcement agency and been found out of compliance with certain health, construction, and safety standards, as well as homes that are "in a significantly rundown condition or in disrepair, as determined by the general condition of the mobilehome and its acceptability to the health and safety of the occupants and to the public, exclusive of its age" (CIV 798.73). In these cases, management can require these homes to be completely removed from the park rather than sold, freeing up the space for a new mobilehome.

The MRL prohibits management from entering the interior of a person's mobilehome without the homeowner or resident's permission. As mentioned, existing law also already prohibits management from requiring repairs or improvements to be made to the interior of a mobilehome as a condition of a sale moving forward. This bill would reinforce that prohibition and would also specify that management cannot require a homeowner to obtain or provide an inspection of any portion of the interior of the mobilehome as a condition of approving a sale or transfer. It stands to reason that any issues with the condition of the interior of the home can already be addressed either through the existing process for filing complaints of suspected violations of the MPA with the appropriate enforcement agency, or as a matter more appropriately handled during negotiations between the seller and prospective buyer or buyers.

Furthermore, this bill would actually increase the length of time provided in current law for management to provide the seller with the list of external repairs or improvements from 10 business days to 15 business days after receiving a request. Similar to the "deemed approved" tenancy provision, this bill would provide that if management fails or refuses to provide the homeowner with such a list within the extended 15 business day window, then management is deemed to have waived any rights to require those repairs, unless there is a repair that must be made to comply with specified laws or for health and safety reasons.

According to the Author

"It is essential for California to protect mobile home owners by increasing clarity and transparency within the mobile home selling process by providing a larger window that will give mobile homeowners necessary time to repair their home before selling. This is a common sense transparency measure that gives mobile home owners the necessary information to sell their homes in a timely manner. Furthermore, this bill will remove arbitrary internal home inspections that act as additional barriers to the sale of mobile homes and leaves mobile homeowners vulnerable to 'bad actor' park managers."

Arguments in Support

According to the Golden State Manufactured-home Owners League (GSMOL), the bill's sponsor, "The bill continues to allow park management to require certain repairs or upgrades to the exterior of a mobilehome at time of an 'in place' sale in a park. Upon request of the selling homeowner, park management must provide a written summary of those items to the seller within 10 business days. Despite making such requests, selling homeowners often receive multiple delayed responses from park management and sometimes no response at all. As a result, sales transactions are delayed or unable to close on time, resulting in significant damage to the parties. Park management is known to disrupt sales to allow management to buy the home at a much lower price and then rent it at a significantly higher price. In addition, park managers are requiring an inspection of the interior of the mobilehome as a condition of sale, intruding into an area that does not fall within management's authority under existing law. Any interior inspections are to be left between a seller and buyer and to the statutory authority of existing health and safety laws or permit requirements. Finally, once a sales contract is finalized and the sale is in escrow, mobilehome buyers often do not receive approval for their tenancy in the park, which is a condition of the sale. Interference with the sale of a home is not legal anywhere in California. AB 456 ensures that is also true for the sale of mobilehomes."

Arguments in Opposition

According to the Western Manufactured Housing Communities Association (WMA), "If a potential buyer of a home with suspected mold or interior structural damage wants to forego an inspection, that is up to the buyer. It is also up to the seller not to agree to an inspection, and the seller is well within his or her rights to refuse to sell to someone who insists on an inspection and instead search for another buyer who will not ask for a review of the home's interior. The problem with this is that it discourages improvements in the safety of homes and this results in an increased risk to the entire park if the interior condition of the home is reasonably likely to create a fire that could spread to other homes in the park. WMA further understands preventing a home inspection conducted by management would make it easier for a homeowner to sell his or her home to a buyer unaware of the poor conditions. But why is it a good idea to allow a homeowner to sell something that is dangerous to another individual? … Again, WMA understands why the sponsors would want to prevent management from requiring an inspection for health and safety issues, but the health and safety of the other tenants in the park should outweigh the desire of a homeowner to sell a home in place that poses a risk to the entire community and preventing management from requiring an inspection."

FISCAL COMMENTS

Unknown. This bill is keyed non-fiscal by Legislative Counsel.

VOTES

ASM HOUSING AND COMMUNITY DEVELOPMENT: 8-1-3

YES: Haney, Caloza, Garcia, Kalra, Lee, Quirk-Silva, Wicks, Wilson

NO: Ávila Farías

ABS, ABST OR NV: Patterson, Ta, Tangipa

UPDATED

VERSION: May 12, 2025

CONSULTANT: Nicole Restmeyer / H. & C.D. / (916) 319-2085 FN: 0000381

Date of Hearing: May 7, 2025

ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT

Matt Haney, Chair

ABPCA Bill Id:AB 456 (

Author:Connolly) – As Introduced Ver:February 6, 2025

SUBJECT: Mobilehome parks: sales or transfers: prospective purchasers of mobilehomes

SUMMARY: Modifies rules relating to the sale or transfer of a mobilehome that will remain in the park and provides that if management fails or refuses to notify sellers or prospective purchasers of specified information, certain rights for management to require repairs or improvements to mobilehomes or to approve tenancy applications of prospective purchasers are waived. Specifically, this bill:

1. Prohibits management from requiring any of the following in the case of a sale or transfer of a mobilehome that will remain in the park:
   1. Repairs or improvements to the interior of the mobilehome;
   2. Preapproval of repairs or improvements to the interior of a mobilehome, except where a local or state permitting authority requires the consenting signature of the management in order to issue a requested permit for the work; or
   3. A homeowner to obtain or provide an inspection of any portion of the interior of a mobilehome, as a condition of approving a sale or transfer of a mobilehome that will remain in the park.
2. Increases the length of time that management has to provide a homeowner with a written summary of repairs or improvements that management requires to the mobilehome, its appurtenances, or an accessory structure that is not owned and installed by the management from no later than 10 business days following the receipt of a request for this information to no later than 15 business days following receipt of such a request.
3. Provides that in the event management fails or refuses to provide a homeowner a written summary of repairs and improvements under 2) above, the management shall be deemed to have voluntarily waived any and all rights to require repairs or improvements to the mobilehome, its appurtenances, or an accessory structure, as a condition of the sale or transfer of a mobilehome, other than a repair or improvement that is required by local ordinances and statutes and regulations due to or based upon health and safety.
4. Provides that if management fails or refuses to notify the seller and prospective purchaser of a mobilehome that will remain in the park in writing of either acceptance or rejection of the prospective purchaser’s tenancy application pursuant to specified law, the management shall be deemed to have approved the application of the prospective purchaser.

EXISTING LAW:

1. Regulates, pursuant to the Mobilehome Residency Law (MRL), the rights, responsibilities, obligations, and relationships between mobilehome park management and park residents. (Civil Code (CIV) Section 798, et seq.)
2. Establishes the Mobilehome Parks Act (MPA) to prescribe standards and requirements for construction, maintenance, occupancy, use, and design of mobilehomes and mobilehome parks to guarantee park residents maximum protection of their investment and a decent living environment. Provides the Department of Housing and Community Development (HCD) with authority over enforcement of the MPA unless a local enforcement agency has elected to take responsibility. (Health and Safety Code (HSC) Section 18400, et seq.)
3. Requires an enforcement agency, if it determines upon inspection that a manufactured home, mobilehome, accessory building or structure, or lot is in violation of specified MPA provisions, to promptly issue a notice to correct the violation to the registered owner of the manufactured home or mobilehome, and with a copy to the occupant thereof, if different from the registered owner. (HSC 18420(b)(1))
4. Prohibits management from requiring the removal of a mobilehome from the park in the event of the sale of the home to a third party during the term of the homeowner’s rental agreement or in the 60 days following the initial notice required when a homeowner vacates their tenancy. (CIV 798.73)
5. Allows management, in the event of a sale to a third party under 4) above, in order to upgrade the quality of the park, to require that a mobilehome be removed from the park where:
   1. The home is not a “mobilehome” as defined;
   2. The home is more than 20 years old, or more than 25 years old if manufactured after September 15, 1971, and is 20 feet wide or more, and does not comply with specified health and safety standards and regulations, as determined following an inspection by the appropriate enforcement agency;
   3. The mobilehome is more than 17 years old, or more than 25 years old if manufactured after September 15, 1971, and is less than 20 feet wide, and the mobilehome does not comply with specified construction and safety standards and regulations, as determined following an inspection by the appropriate enforcement agency; or
   4. The home is in a significantly rundown condition or in disrepair, as determined by the general condition of the mobilehome and its acceptability to the health and safety of the occupants and to the public, exclusive of its age. Management must use reasonable discretion in determining the general condition of the mobilehome and its accessory structures, and shall bear the burden of demonstrating that the mobilehome is in a significantly rundown condition or in disrepair. Management is prohibited from requiring repairs or improvement to the park space or property owned by the management, except for damage caused by the actions or negligence of the homeowner or an agent of the homeowner. (CIV 798.73)
6. Prohibits management from requiring a mobilehome to be removed from the park under 5) above unless the management has provided to the homeowner notice specifying the condition that permits the removal of the mobilehome. (CIV 798.73(e))
7. Allows management to require repairs or improvements to a mobilehome, its appurtenances, or an accessory structure in the case of a sale or transfer of a mobilehome that will remain in the park, if the repairs or improvements meet all of the following conditions:
   1. The repair or improvement is to the mobilehome, its appurtenances, or an accessory structure that is not owned and installed by management, except as allowed for cases of damage to the park space or property owned by management caused by the actions or negligence of the homeowner or an agent of the homeowner;
   2. The repair or improvement is based upon or is required by a local ordinance or state statute or regulation relating to mobilehomes, or a rule or regulation of the mobilehome park that implements or enforces a local ordinance or a state statute or regulation relating to mobilehomes; and
   3. The repair or improvement relates to the exterior of the mobilehome, its appurtenances, or an accessory structure that is not owned and installed by management. (CIV 798.73.5(a))
8. Requires management to provide a homeowner a written summary of repairs or improvements that management requires to the mobilehome, its appurtenances, or an accessory structure that is not owned and installed by management no later than 10 business days following receipt of a request for this information, as part of the 60-day minimum notice required when a homeowner vacates their tenancy. (CIV 798.73.5(b))
9. Requires the summary of repairs or improvements under 9) above to include specific references to park rules and regulations, local ordinances, and state statutes and regulations relating to mobilehomes upon which the request for repair or improvement is based. (CIV 798.73.5(b))
10. Allows management to require the right of prior approval of a prospective purchaser of a mobilehome that will remain in the park. (CIV 798.74(a))
11. Requires a selling homeowner or their agent to give notice of a sale of a mobilehome that will remain in the park to management before the close of the sale. Requires management to provide the seller and prospective purchaser, within 15 days, both of the following upon receiving such notice:
    1. The standards that management customarily utilizes to approve a tenancy application, including the minimum reported credit score from a consumer credit reporting agency that management requires for approval; and
    2. A list of all documentation that management will require to determine if the prospective purchaser will qualify for tenancy in the park. (CIV 798.74(b))
12. Prohibits management from withholding approval from a prospective purchase of a mobilehome unless any of the following apply:
    1. Management reasonably determines that, based upon the purchaser’s prior tenancies, they will not comply with the rules and regulations of the park;
    2. The purchaser does not have the financial ability to pay the rent, estimated utilities, and other charges of the park; or
    3. The purchaser has committed fraud, deceit, or concealment of material facts during the application process. (CIV 798.74(c))
13. Requires management to notify the seller and prospective purchaser within 15 business days of receiving all of the information requested from the prospective purchaser of either acceptance or rejection of the application, in writing. Requires a prospective purchaser to comply with management’s request, if any, for a personal interview during this 15-day period. (CIV 798.74(e)(1))
14. Requires management, if it rejects the application for tenancy, to state the reason for the rejection in accordance with 13) above. (CIV 798.74(e)(2))
15. Requires management to provide a prospective homeowner with specified information, including the monthly space rent and other information, within two business days of receiving a request from a prospective homeowner for an application for residency for a specific space within the park, if management has been advised that the mobilehome occupying that space is for sale. (CIV 798.74.5(a))
16. Requires an escrow, sale, or transfer agreement involving a mobilehome located in a park at the time of sale, where the mobilehome is to remain in the park, to contain a copy of either a fully executed rental agreement or a statement signed by the park’s management and the prospective homeowner that the parties have agreed to the terms and conditions of a rental agreement. (CIV 798.75(a))
17. Prohibits an occupant of a mobilehome from being considered an unlawful occupant and prohibits them from being subject to unlawful detainer proceedings if the occupant is the registered owner of the mobilehome, none of the conditions in 12) above apply, and management failed or refused to offer the occupant a rental agreement. (CIV 798.75(d))

FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by Legislative Counsel.

COMMENTS:

Author’s Statement: According to the author, “It is essential for California to protect mobile home owners by increasing clarity and transparency within the mobile home selling process by providing a larger window that will give mobile homeowners necessary time to repair their home before selling. This is a common sense transparency measure that gives mobile home owners the necessary information to sell their homes in a timely manner. Furthermore, this bill will remove arbitrary internal home inspections that act as additional barriers to the sale of mobile homes and leaves mobile homeowners vulnerable to ‘bad actor’ park managers.”

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 thousands to tens of thousands of dollars 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.

The 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 pursuant to the application of 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. In 2018, the Mobilehome Residency Law Protection Program (MRLPP) was created to help mobilehome park residents better resolve issues and violations of the MRL. The program requires HCD to receive complaints from mobilehome park residents regarding violations of the MRL and refer complaints to a Legal Service Provider or appropriate enforcement agency.

HCD also inspects parks and mobilehomes for health and safety issues. HCD annually inspects 5% of parks for compliance with health and safety requirements under the MPA and Title 25. The program is funded through a $4 fee, of which the property owner may charge half ($2) to the homeowners. HCD also responds to health and safety complaints under 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 homeowners do not fix these violations within certain timeframes, park management may initiate eviction proceedings.

Mobilehome Sales and Applications for Tenancy: As mentioned above, it is uncommon for mobilehomes that have already been installed on a park lot to be relocated from one property or park to another. Typically when a mobilehome owner seeks to move, they offer their mobilehome for sale or transfer “in-place,” meaning the home remains on the space and a new owner purchases the in-place unit. Because owning a home in a mobilehome park incorporates the dual role of homeowner and park tenant, prospective purchasers of mobilehomes can be required by park management to submit the equivalent of a tenancy application and may have to interview with management before receiving approval (or rejection) to close the sale and assume tenancy in the park.

If a mobilehome is for sale and management is aware the home is for sale, current law requires management to provide specific information within two business days of receiving a request from a prospective homeowner for an application for residency for that space. This information includes the monthly rent for the space in question, the park’s schedule of other fees or charges, and notice that a fully executed lease or rental agreement or a signed statement that the person and management have agreed to the terms and conditions of a rental agreement is required to complete the sale or escrow process of the home (CIV 798.74.5). Once a sale is in process, the seller must provide notice to park management of the pending sale and management has 15 days to provide the seller and prospective purchaser with the standards that management customarily utilizes to approve a tenancy application, and a list of all documentation that management will require to determine if the prospective purchaser will qualify for tenancy in the park. Within 15 business days of receiving all the information requested from the prospective purchaser, management must notify the seller and prospective purchaser of approval or rejection of the tenancy application.

The strict existing timelines for when these notices and other decisions must be delivered reflect the importance of sales closing on time and in cases where financing is involved, for escrow to be completed on the terms and timelines of the financing institution. The author and sponsors describe issues with buyers and sellers not receiving a response or receiving delayed or very late responses from management on pending tenancy applications in ways that have jeopardized sales. This bill would provide that if management fails or refuses to follow the timelines in existing law for accepting or rejecting a tenancy application, they are deemed to have approved the application of the prospective buyer.

Repair Requests During Mobilehome Sales: For similar reasons as described above, there are also timelines and restrictions in existing law regarding what types of repairs or improvements park management can require to be made to a mobilehome or accessory structure during a sale. Management is only permitted to require a homeowner to make repairs or improvements to the mobilehome, its appurtenances, or an accessory structure, and existing law stipulates that those repairs or improvements have to “relate to the exterior of the” structure in question (CIV 798.73.5(a)(3)). There is a significant exemption provided for cases of very old homes that have been inspected by the relevant enforcement agency and been found out of compliance with certain health, construction, and safety standards, as well as homes that are “in a significantly rundown condition or in disrepair, as determined by the general condition of the mobilehome and its acceptability to the health and safety of the occupants and to the public, exclusive of its age” (CIV 798.73). In these cases, management can require these homes to be completely removed from the park rather than sold, freeing up the space for a new mobilehome.

The MRL prohibits management from entering the interior of a person’s mobilehome without the homeowner or resident’s permission. As mentioned, existing law also already prohibits management from requiring repairs or improvements to be made to the interior of a mobilehome as a condition of a sale moving forward. This bill would reinforce that prohibition and would also specify that management cannot require a homeowner to obtain or provide an inspection of any portion of the interior of the mobilehome as a condition of approving a sale or transfer. It stands to reason that any issues with the condition of the interior of the home can already be addressed either through the existing process for filing complaints of suspected violations of the MPA with the appropriate enforcement agency, or as a matter more appropriately handled during negotiations between the seller and prospective buyer or buyers.

Furthermore, this bill would actually increase the length of time provided in current law for management to provide the seller with the list of external repairs or improvements from 10 business days to 15 business days after receiving a request. Similar to the “deemed approved” tenancy provision, this bill would provide that if management fails or refuses to provide the homeowner with such a list within the extended 15 business day window, then management is deemed to have waived any rights to require those repairs, unless there is a repair that must be made to comply with specified laws or for health and safety reasons.

Arguments in Support: According to the Golden State Manufactured-home Owners League (GSMOL), the bill’s sponsor, “The bill continues to allow park management to require certain repairs or upgrades to the exterior of a mobilehome at time of an ‘in place’ sale in a park. Upon request of the selling homeowner, park management must provide a written summary of those items to the seller within 10 business days. Despite making such requests, selling homeowners often receive multiple delayed responses from park management and sometimes no response at all. As a result, sales transactions are delayed or unable to close on time, resulting in significant damage to the parties. Park management is known to disrupt sales to allow management to buy the home at a much lower price and then rent it at a significantly higher price. In addition, park managers are requiring an inspection of the interior of the mobilehome as a condition of sale, intruding into an area that does not fall within management’s authority under existing law. Any interior inspections are to be left between a seller and buyer and to the statutory authority of existing health and safety laws or permit requirements. Finally, once a sales contract is finalized and the sale is in escrow, mobilehome buyers often do not receive approval for their tenancy in the park, which is a condition of the sale. Interference with the sale of a home is not legal anywhere in California. AB 456 ensures that is also true for the sale of mobilehomes.”

Arguments in Opposition: According to the Western Manufactured Housing Communities Association (WMA), “If a potential buyer of a home with suspected mold or interior structural damage wants to forego an inspection, that is up to the buyer. It is also up to the seller not to agree to an inspection, and the seller is well within his or her rights to refuse to sell to someone who insists on an inspection and instead search for another buyer who will not ask for a review of the home’s interior. The problem with this is that it discourages improvements in the safety of homes and this results in an increased risk to the entire park if the interior condition of the home is reasonably likely to create a fire that could spread to other homes in the park. WMA further understands preventing a home inspection conducted by management would make it easier for a homeowner to sell his or her home to a buyer unaware of the poor conditions. But why is it a good idea to allow a homeowner to sell something that is dangerous to another individual? … Again, WMA understands why the sponsors would want to prevent management from requiring an inspection for health and safety issues, but the health and safety of the other tenants in the park should outweigh the desire of a homeowner to sell a home in place that poses a risk to the entire community and preventing management from requiring an inspection.”

Committee Amendments: Staff recommends the bill be amended as follows, to clarify existing provisions of the MRL that protect buyers who have executed a sale when management has failed or refused to offer them a rental agreement:

CIV 798.75 (d) The occupant of the mobilehome shall not be considered an unlawful occupant and shall not be subject to the provisions of subdivision (c) if all of the following conditions are present:

(1) The occupant is the registered owner of the mobilehome.

(2) The management has determined that the occupant has the financial ability to pay the rent and charges of the park; will comply with the rules and regulations of the park, based on the occupant’s prior tenancies; and will comply with this article, or otherwise has failed or refused to timely notify the occupant of either acceptance or rejection of a tenancy application pursuant to section 798.74 (e) (3) such that the occupant is deemed to have been approved for tenancy.

(3) The management failed or refused to offer the occupant a rental agreement.

Related Legislation:

AB 806 (Connolly) of the current legislative session would prohibit management or ownership of mobilehome parks from restricting a homeowner’s ability to install a cooling system in their mobilehome, and requires mobilehome parks to provide cooling for a common area when the external temperature exceeds specified extreme heat warning standards. This bill recently passed this committee on a vote of 9-0 and is currently pending before the Assembly Committee on Judiciary.

AB 2247 (Wallis), Chapter 387, Statutes of 2024: Extended the sunset date on the MPA from January 1, 2025 to January 1, 2030, and required HCD to add local recipients of loans from the Manufactured Housing Opportunity and Revitalization Program to the list of local agencies that have home repair or rehabilitation programs to be provided to mobilehome owners who receive a notice of violation.

REGISTERED SUPPORT / OPPOSITION:

Support

Golden State Manufactured-home Owners League (Sponsor)
AARP
Bay Federal Credit Union

California Alliance for Retired Americans
Sonoma County Mobilehome Owners Association

Opposition

Western Manufactured Housing Communities Association

Analysis Prepared by: Nicole Restmeyer / H. & C.D. / (916) 319-2085