CHAPTER 2.5 OF THE CALIFORNIA CIVIL CODE, 2018   Mobilehome Residency Law (MRL) Hypertext version INTRODUCTION Most of the provisions of the California Mobilehome Residency Law (MRL) were enacted piecemeal over a number of years and eventually codified under Chapter 2.5 of the Civil Code in 1978. Since 1978, a number of sections have been amended and others added to the Code. The MRL is divided into nine Articles, by subject, as indicated in the accompanying Table of Contents. The Mobilehome Residency Law, like provisions of conventional landlord-tenant law, are enforced by the courts; that is, the disputing parties must enforce the MRL against one another in a court of law. HCD (The state Department of Housing and Community Development) does not have authority to enforce these Civil Code provisions. For example, a park owner must utilize an unlawful detainer procedure in a court to evict a homeowner for non-payment of rent or failure to abide by Reasonable park rules. By the same token, a manufactured home owner must bring legal action, in court, to enforce a notice or other MRL requirement, or obtain an injunction, if the management will not otherwise abide by the MRL. Other selected laws not part of the MRL but related to park residency are included in this handbook. These include the Recreational Vehicle Park Occupancy Law, first enacted in 1979, which governs tenancies in RV parks. The RV Park Occupancy Law was substantially revised in 1992, dividing it into seven Articles. Also enclosed are relevant laws on mobilehome resale disclosure, park emergency preparedness plans, mobilehome park polling places, registration and titles, and traffic enforcement in mobilehome parks. For the 2018 edition, there are two new amendment to the Mobilehome Residency Law (MRL). (See Civil Code §798.28, 798.34, 799.9 and Health and Safety Code - HSC §18107). Legislation of significance signed by the governor not amending the MRL include SB 136 (Leyva), and SB 329 (Leyva). 2017 was the first year of the implementation of AB 587, Mobilehome Registration Fee and Tax Waiver Program. The fee waiver application and instructions are included at the end of this booklet. Mobilehome owners can get more information at http://www.RegisterYourMobilehomeCA.org or by calling (800) 952-8356. TABLE OF CONTENTS ARTICLE 1 - GENERAL Civil Code §798 Title and Application Civil Code §798.1 Application of Definitions Civil Code §798.2 Definition of Management Civil Code §798.3 Definition of Mobilehome Civil Code §798.4 Definition of Mobilehome Park Civil Code §798.6 Definition of Park Civil Code §798.7 Definition of New Construction Civil Code §798.8 Definition of Rental Agreement Civil Code §798.9 Definition of Homeowner Civil Code §798.10 Definition of Change of Use Civil Code §798.11 Definition of Resident Civil Code §798.12 Definition of Tenancy Civil Code §798.13 State Owned Parks - Employees Civil Code §798.14 Delivery of Notice ARTICLE 2 - RENTAL AGREEMENT Civil Code §798.15 In-Writing and Required Contents Civil Code §798.16 Inclusion of Other Provisions Civil Code §798.17 Rental Agreements Exempt from Rent Control Civil Code §798.18 Length of Agreement; Comparable Monthly Terms Civil Code §798.19 No Waiver of Chapter 2.5 Rights Civil Code §798.19.5 Park Owner Right of First Refusal to Purchase Home Civil Code §798.20 No Private Club Discrimination Civil Code §798.21 Not Principal Residence - Rent Control Exempt Civil Code §798.22 Recreational Vehicles in Parks - Designated Areas ARTICLE 3 - RULES AND REGULATIONS Civil Code §798.23 Application to Park Owners and Employees Civil Code §798.23.5 Subleasing Civil Code §798.24 Posting of Common Area Facility Hours Civil Code §798.25 Amendments to Rules and Regulations - Notice Civil Code §798.25.5 Void and Unenforceable Rules or Regulations Civil Code §798.26 Management Entry into Mobilehomes Civil Code §798.27 Notice of Zoning or Use Permit and Duration of Lease Civil Code §798.28 Disclosure of Park Owner's Name Civil Code §798.28.5 Vehicle Removal from Park Civil Code §798.29 Notice of Mobilehome Ombudsman Civil Code §798.29.6 Installation of Accommodations for the Disabled ARTICLE 3.5 - FEES AND CHARGES Civil Code §798.30 Notice of Rent Increase Civil Code §798.31 Authorized Fees Charged Civil Code §798.32 Fees Charged for Unlisted Services Without Notice Civil Code §798.33 Pets Civil Code §798.34 Guest and Live-In Care Providers Civil Code §798.35 Members of Immediate Family -No Fees Civil Code §798.36 Enforcement of Park Rules Civil Code §798.37 Entry, Hookup, Landscaping and Maintenance Charges Civil Code §798.37.5 Trees and Driveways Civil Code §798.38 No Lien/Security Interest Except by Mutual Agreement Civil Code §798.39 Security Deposits Civil Code §798.39.5 Fines and Forfeitures Not Chargeable ARTICLE 4 - UTILITIES Civil Code §798.40 Utility Service Billing; Rate Schedule Civil Code §798.41 Utilities Separately Billed - Reduced from Rent Civil Code §798.42 Notice of Utility Interruption Civil Code §798.43 Disclosure of Common Area Utility Charges Civil Code §798.43.1 California Alternate Rates for Energy Program (CARE) Civil Code §798.44 Liquefied Petroleum Gas Sales ARTICLE 4.5 - RENT CONTROL Civil Code §798.45 New Construction Exempt Civil Code §798.49 Government Fees and Assessments That Are Exempt ARTICLE 5 - HOMEOWNER COMMUNICATIONS AND MEETINGS Civil Code §798.50 Legislative Intent Civil Code §798.51 Right to Assemble, Meet, Canvass, Petition, Invite Speakers Civil Code §798.52 Injunctive Action to Enforce Rights ARTICLE 5.5 - HOMEOWNERS MEETINGS WITH MANAGEMENT Civil Code §798.53 Management Meetings with Residents ARTICLE 6 - TERMINATION OF TENANCY Civil Code §798.55 Legislative Intent; Termination for Cause; 60-Day Notice Civil Code §798.56 Seven Authorized Reasons for Termination of Tenancy Civil Code §798.56a Notice Requirement of Legal Owner/Junior Lienholder Civil Code §798.57 Statement of Reasons in Notice Civil Code §798.58 No Termination to Make Space for Park Owner's Buyer Civil Code §798.59 60-Day Notice by Resident of Termination Civil Code §798.60 Application of Other Unlawful Detainer Laws Civil Code §798.61 Abandoned Mobilehomes - Procedures ARTICLE 7 - TRANSFER OF MOBILEHOME OR MOBILEHOME PARK Civil Code §798.70 “For Sale” Signs Civil Code §798.71 Management Showing or Listing - Prohibitions Civil Code §798.72 No Transfer or Selling Fee Civil Code §798.73 Removal of Mobilehome Upon Sale to Third Party Civil Code §798.73.5 Home Upgrades on Resale Civil Code §798.74 Management Approval of Buyer; Credit Rating Refund Civil Code §798.74.4 Mobilehome Resale Disclosure to New Buyer Civil Code §798.74.5 Rent Disclosure to Prospective Homeowners Civil Code §798.75 Rental Agreement Required for Park Occupancy Civil Code §798.75.5 Mobilehome Park Disclosure Form Civil Code §798.76 Senior-Only Restrictions Civil Code §798.77 No Waiver of Rights Civil Code §798.78 Rights of Heir or Joint Tenant of Owner Civil Code §798.79 Repossession of Mobilehome; Sale to Third Party Civil Code §798.80 Sale of Park -Notice by Management Civil Code §798.81 Listing or Sales - Prohibitions Civil Code §798.82 School Impact Fee Disclosure Civil Code §798.83 Homeowner Repair of the Space   ARTICLE 8 - ACTIONS, PROCEEDINGS, AND PENALTIES Civil Code §798.84 Notice of Lawsuit for Failure to Maintain Civil Code §798.85 Attorney's Fees and Costs Civil Code §798.86 Management Penalty for Willful Violation Civil Code §798.87 Public Nuisances and Abatement Civil Code §798.88 Injunction for Violation of Park Rules ARTICLE 9 - SUBDIVISIONS, COOPERATIVES, CONDOMINIUMS AND RESIDENT-OWNED PARKS Civil Code §799 Definitions Civil Code §799.1 Rights Governed Civil Code §799.1.5 Advertising Sale of Home; “For Sale” Signs Civil Code §799.2 Listing or Showing of Home by Park Management Civil Code §799.2.5 Management Entry into Home Civil Code §799.3 Removal of Mobilehome upon Third Party Sale Civil Code §799.4 Withholding Prior Approval of Purchaser Civil Code §799.5 Senior Only Restrictions Civil Code §799.6 No Waiver of Rights Civil Code §799.7 Notice of Utility Interruption Civil Code §799.8 School Impact Fee Disclosure Civil Code §799.9 Caregivers Living with Homeowners Civil Code §799.10 Political Campaign Signs Civil Code §799.11 Installation of Accommodations for the Disabled OTHER SELECTED PROVISIONS OF LAW RELATING TO MOBILEHOMES MANUFACTURED HOME & MOBILEHOME RESALE DISCLOSURE Civil Code §1102 Disclosure on Mobilehome Resales Civil Code §1102.1 Disclosure Clarification Civil Code §1102.2 When Disclosure not Applicable Civil Code §1102.3a Mobilehome Sales Subject to Disclosure Civil Code §1102.6d Mobilehome Transfer Disclosure Form Civil Code §1102.6e Notice of Transfer Fee Civil Code §1102.9 Disclosure Amendments DISCLOSURE OF NATURAL HAZARDS UPON OF RESIDENTIAL PROPERTY Civil Code §1103 Application of Disclosure Civil Code §1103.1 Exclusions Civil Code §1103.2 Natural Hazard Disclosure Form Civil Code §1103.3 Delivery to Buyer Civil Code §1103.4 Liability for Errors Civil Code §1103.5 Relief from Duty to Disclose Civil Code §1103.7 Good Faith Civil Code §1103.8 Other Disclosures Civil Code §1103.9 Amendments to Disclosure Civil Code §1103.10 Personal Delivery or Mail Civil Code §1103.11 Those Who Are Not Agents Civil Code §1103.12 Agent's Responsibilities Civil Code §1103.13 No Transaction Invalidated Civil Code §1103.14 Listing Agent Defined AGENTS' MOBILEHOME RESALE DISCLOSURE Health & Safety Code §18025 Agents Subject to §18046 Health & Safety Code §18046 Agent's Duty of Disclosure LOT LINES Health & Safety Code §18610.5 Mobilehome and Special Occupancy Parks Lot Lines OCCUPANCY PROHIBITIONS Health & Safety Code §18550 Unlawful Occupancy Health & Safety Code §18550.1 Unlawful Occupancy: HCD Notice PARK EMERGENCY PREPAREDNESS AND PROCEDURES Health & Safety Code §18603 Emergency Preparedness Plans POLLING PLACE Elections Code §12285 Mobilehome Park as Polling Place REGISTRATION AND TITLE Health & Safety Code §18080.4 Registration Card in Every Mobilehome Health & Safety Code §18092.7 Tax Clearance Certificate Health & Safety Code §18108 Renewals and Replacements Health & Safety Code §18116.1 Lien/Unpaid Fees Health & Safety Code §18122.5 Penalties Vehicle Code §5903 Abandonment and Sale: Notice and Application TRAFFIC Vehicle Code §21107.9 Speed Enforcement Agreements RECREATIONAL VEHICLE PARK OCCUPANCY LAW ARTICLE 1 - DEFINITIONS Civil Code §799.20 Title of Chapter Civil Code §799.21 Application of Definitions Civil Code §799.22 Definition of Defaulting Occupant Civil Code §799.23 Definition of Defaulting Resident Civil Code §799.24 Definition of Defaulting Tenant Civil Code §799.25 Definition of Guest Civil Code §799.26 Definition of Management Civil Code §799.27 Definition of Occupancy Civil Code §799.28 Definition of Occupant Civil Code §799.29 Definition of RV Civil Code §799.30 Definition of RV Park Civil Code §799.31 Definition of Resident Civil Code §799.32 Definition of Tenant ARTICLE 2 -GENERAL PROVISIONS Civil Code §799.40 Cumulative Rights Civil Code §799.41 Not Applicable to Mobilehomes Civil Code §799.42 No Waiver of Rights Civil Code §799.43 Registration Agreement Civil Code §799.44 Rules and Regulations Civil Code §799.45 Rental Agreement Optional Civil Code §799.46 Sign Requirement/Reasons for RV Removal ARTICLE 3 - DEFAULTING OCCUPANTS Civil Code §799.55 72-Hour Notice Civil Code §799.56 Service of 72-Hour Notice Civil Code §799.57 Notice of RV Removal Civil Code §799.58 RV Removal/Notice to Sheriff Civil Code §799.59 Reasonable Care in RV Removal ARTICLE 4 - DEFAULTING TENANTS Civil Code §799.65 Five Days to Pay Due Rent/Three-Day Notice to Vacate Civil Code §799.66 Thirty Days' Notice of Termination Civil Code §799.67 Eviction Procedures ARTICLE 5 - DEFAULTING RESIDENTS Civil Code §799.70 Terminating of Tenancy/Notice Civil Code §799.71 Eviction Procedures ARTICLE 6 - LIENS FOR RV'S & ABANDONED POSSESSIONS Civil Code §799.75 Upon Default/Civil Code Procedure ARTICLE 7 - ACTIONS AND PROCEEDINGS Civil Code §799.78 Civil Code §799.78 Civil Code §799.79 $500 Damages/Willful Violations by Management APPENDIX Frequently Asked Questions Community Resources INDEX 101 (Alphabetical order) index   www.pseudology.org