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CHAPTER 2.5 OF THE CALIFORNIA CIVIL CODE,
2018
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Mobilehome
Residency Law (MRL)
ARTICLE 4.5 - RENT CONTROL
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798.45 NEW
CONSTRUCTION EXEMPT
Notwithstanding Section 798.17, “new
construction ” as defined in Section 798.7, shall be exempt from any
ordinance, rule, regulation, or initiative measure adopted by any city,
county, or city and county, which establishes a maximum amount that a
landlord may charge a tenant for rent.
(Added by Stats. 1989, Chap. 412 (SB
1241, Leonard), eff. 1/1/1990)
798.49 GOVERNMENT
FEES AND ASSESSMENTS THAT ARE EXEMPT
(a) Except as provided in subdivision
(d), the local agency of any city, including a charter city, county, or
city and county, which administers an ordinance, rule, regulation, or
initiative measure that establishes a maximum amount that management may
charge a tenant for rent shall permit the management to separately
charge a homeowner for any of the following:
(1) The
amount of any fee, assessment or other charge first imposed by a city,
including a charter city, a county, or a city and county, the state, or
the federal government on or after January 1, 1995, upon the space
rented by the homeowner.
(2) The
amount of any increase on or after January 1, 1995, in an existing fee,
assessment or other charge imposed by any governmental entity upon the
space rented by the homeowner.
(3) The
amount of any fee, assessment or other charge upon the space first
imposed or increased on or after January 1, 1993, pursuant to any state
or locally mandated program relating to housing contained in the Health
and Safety Code.
(b) If management has charged the
homeowner for a fee, assessment, or other charge specified in
subdivision (a) that was increased or first imposed on or after January
1, 1993, and the fee, assessment, or other charge is decreased or
eliminated thereafter, the charge to the homeowner shall be decreased or
eliminated accordingly.
(c) The amount of the fee, assessment
or other charges authorized by subdivision (a) shall be separately
stated on any billing to the homeowner. Any change in the amount of the
fee, assessment, or other charges that are separately billed pursuant to
subdivision (a) shall be considered when determining any rental
adjustment under the local ordinance.
(d) This section shall not apply to any
of the following:
(1)
Those fees, assessments, or charges imposed pursuant to the Mobilehome
Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of
the Health and Safety Code), unless specifically authorized by Section
18502 of the Health and Safety Code.
(2)
Those costs that are imposed on management by a court pursuant to
Section 798.42.
(3) Any
fee or other exaction imposed upon management for the specific purpose
of defraying the cost of administration of any ordinance, rule,
regulation, or initiative measure that establishes a maximum amount that
management may charge a tenant for rent.
(4) Any
tax imposed upon the property by a city, including a charter city,
county, or city and county.
(e) Those fees and charges specified in
subdivision (a) shall be separately stated on any monthly or other
periodic billing to the homeowner. If the fee or charge has a limited
duration or is amortized for a specified period, the expiration date
shall be stated on the initial notice and each subsequent billing to the
homeowner while the fee or charge is billed to the homeowner.
(Amended by Stats. 1994, Chap. 340 (SB
1510, Lewis), eff. 1/1/1995)
Content
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