Mobile Home Residency Law (MRL)

FREQUENTLY ASKED QUESTIONS

Compiled by the California State Senate Select Committee on Manufactured Home Communities

RENTS, FEES & TAXES PAGE

#1 Rent Increases

#2 Pass-Through Fees

#3 Short Notice of Rent Increase

#4 Back-Rent Billing

#5 Clubhouse Fee

#6 Security Deposit

#7 Deducting Rent Due to Lack of Functioning Park Utilities

#8 Withholding Rent When Park Loses Operating Permit

#9 Late Fees

#10 Mobilehome Property Taxes

#11 Property Tax Adjustment

#12 Low-Income Rent Vouchers: Section 8

UTILITIES

#13 Park Utility Costs

#14 Itemized Charges

#15 Park Cable TV or Common Antenna System Fees

#16 Water Charges

#17 Call local utilities before digging

LEASES & RENTAL AGREEMENTS

#18 Long Term Leases Exempt from Rent Control

#19 Leases in Language Other than English

#20 Length of lease: Long-term, Annual, or Month-to-month

TERMINATION OF TENANCY

#21 Eviction for Late Payment of Rent

#22 Eviction for Rule Violations

#23 End of Rental Agreement Term

#24 Tenant Rights in Park-Owned Mobilehomes

#25 Park Closure or Conversion

STATE LAWS & PARK RULES

#26 Park Rules v. Mobilehome Residency Law (MRL)

#26.1 Annual Distribution of MRL to Residents

#26.2 MRL in Spanish and other Languages

#27 MRL protections

#28 Rule Changes

#29 Selective Enforcement of Park Rules

#30 Senior Park Changed to All-Age Park

#31 All-Age Park Back to Senior-Only Park

#32 Rights of Disabled Homeowners

#32.1 Adult Protective Services agencies

#33 Occupancy Standard

#34 Clubhouse Hours and Use

#35 No-Pet Rule

#35.1 Trained Service Dogs v. Emotional Support Animals

#36 Animal control

#37 Parking Restrictions and Towing

#38 Subletting

#39 RVs in Mobilehome Parks

#40 Caregiver Residency in the Park after Homeowner's Death

PARK MAINTENANCE, INSPECTIONS & SERVICES

#41 Failure to Maintain the Park

#42 Mobilehome Park Inspection Program

#43 Code Enforcement Agency

#44 Title 25: State of California Health and Safety Regulations

#45 Combustible Storage and Trash

#46 Reduction of Park Services

#47 Lot Lines

#48 Trees and Driveways

#49 Responsibility for Pre-Existing Code Violations

#50 Permit for Remodeling the Mobilehome

#51 Home Rehabilitation Assistance

RESIDENT-OWNED PARKS

#52 Park Condo-Conversion to Resident Ownership

#53 Residents' Right of First Refusal to Buy Park

#54 Laws Applicable to Resident-Owned Parks

#55 Stock Cooperatives and the Davis-Stirling Act

#56 Secretary of State: Researching Original Filing Documents

#57 Disputes, Violations and Enforcement

PARK OWNERS & MANAGERS

#58 Manager-Resident Relations

#59 Enforcement of the MRL

#60 Contacting Park Owner or Operator

#61 Management Availability in Case of Emergencies

#62 Park Manager Entering Lot

HOME SALES, RESALES, TRANSFERS & TITLES

#63 Selling Home In-Place in Park

#63.1 Selling mobilehomes: Realtor's License and Clean Titles

#64 Resale of a Park Model in the Park

#65 Prospective Buyers Subject to Income Requirements

#66 Rights of Heirs Inheriting Mobilehomes

#67 Adding or Changing Name on Title of Home

#68 Replacing a Lost or Never-Received Title

#69 Resale Disclosure

#70 Homeowner May Be Required to Sell Home to the Park on Resale

#71 New Home Defects and Warranties

#1 Does state law regulate rent increases in mobilehome parks?

No, state law does not regulate the amount of a rent increase in a mobilehome park. Rent stabilization is a “local control issue”. The MRL does require a park to give residents a 90-day advance written notice of a rent increase (Civil Code §798.39). If residents are on a long-term lease, the lease would govern the percentage and frequency of rent increases, with increases not less than every 90 days as required by law. If residents sign a long-term lease of more than one year in length, state law provides that the lease is exempt from any local rent control ordinance now in existence or enacted in the future. (Civil Code §798.17(a)(1)) (Approximately 102 local jurisdictions have some form of rent control for mobilehome parks.)

Recap:

• State law does not regulate the amount of a rent increase. It is a local control issue.

• A 90-day advance written notice of rent increase is required.

• If resident is on a long-term lease, check the language in lease for frequency (not less than every 90 days) and percentage of increases.

#2 Can the park charge separate “maintenance” or “pass-through” fees in addition to the rent?

Yes, if the resident's signed lease or rental agreement provides for assessments or fees for maintenance, among other services. If not mentioned in the lease, a new fee would have to be for a service actually rendered, such as trash pick-up, and would require a 60-day advance written notice. (Civil Code §798.32(a)) If the resident signs a new lease or rental agreement that includes these fees, they are agreeing to pay the fees. State law does not require a notice requirement for an increase in an already existing fee. Local jurisdictions with mobilehome park rent control ordinances may regulate fees or pass-through costs which parks charge their residents. Some ordinances, for example, distinguish capital improvements from maintenance, allowing a pass-through fee of certain capital improvements (not including maintenance) amortized over a period of time.

Recap:

• A 60-day advance written notice is required for a new fee if it is not mentioned in the lease.

• Notice is not required for an increase in an existing fee.

#3 A 90-day written notice of rent increase was delivered late. Is this notice legal?

No. The MRL provides for residents to receive the 90-day written notice of a rent increase before the date of the increase. (Civil Code §798.30) Any notice required by the MRL shall either be delivered and received in-person or by U.S. mail, postage prepaid. (Civil Code §798.14) Actual receipt of the notice less than 90 days before the increase is not a 90-day notice.

Recap:

• A 90-day written advance notice must be received by residents 90 days before increase.

• The notice must be delivered in-person or by U.S. mail.

#4 Can the park charge residents for back-rent that was miscalculated because of the manager's mistake?

It depends on the situation. If the park rental agreement or lease stipulates the monthly rent for the term of the lease, and there is no provision in the lease for a contingency, such as an increase due to management error, then back-rent could not be charged. However, if residents have signed a rental agreement that provides that back-rent may be charged in the event of a management miscalculation or error, then the additional rent could be charged with a 90-day notice.

Recap:

• If not specified in lease or rental agreement, then collection of back-rent is not allowable.

• If back-rent is allowed under terms of lease or rental agreement, then a 90-day advance written notice is required.

#5 Can the park owner require a deposit or fee for use of the clubhouse by the homeowners association?

No, however there are certain exceptions. The MRL provides that a park rental agreement or rule or regulation shall not deny a homeowner or resident the right to hold meetings for a lawful purpose in the clubhouse at Reasonable times and in a Reasonable manner, when the facility is not otherwise in use. (Civil Code §798.51(a)(1)) Homeowners or residents may not be charged a cleaning deposit or require liability insurance in order to use the clubhouse for meetings relating to mobilehome living or for social or educational purposes and to which all homeowners are allowed to attend. (Civil Code §798.51(b)) However, the park may require a liability insurance binder when alcoholic beverages are served. (Civil Code §798.51(c)) If a homeowner reserves the clubhouse for a private function to which all park residents are not invited, the park could charge a fee or deposit.

Recap:

• No fee may be charged for homeowner functions.

• A liability insurance fee may be charged if alcohol is served.

• A fee may be charged for private parties.

#6 Can the park charge first and last months' rent plus a 2-month security deposit?

Normally, when a mobilehome owner is accepted for residency in a mobilehome park and signs a rental agreement, charging first month's rent and a 2-month security deposit are permitted. (Civil Code §798.39) After one full year of satisfactory residency (meaning all rent and fees have been paid during that time), the resident is entitled to request a refund of the 2-month security deposit, or may request a refund at the time he or she vacates the park and sells the home. (Civil Code §798.39(b))

Recap:

• A 2-month security deposit may be charged.

• A security deposit refund is allowed after one year if all rent and fees have been paid.

#7 Can the resident refuse to pay the rent or deduct a certain amount from the rent if water in the park is cut off?

No. Refusing to pay the rent or paying a reduced rent could lead to the residents' termination of tenancy unless residents are willing to chance an eviction and use the lack of water as a defense. Instead, residents should file an emergency complaint with the Department of Housing (HCD) or a local enforcement agency if the local agency has jurisdiction over the lack of water in the park. An inspector can then cite the park for failing to provide adequate water and require the park to furnish bottled water and alternative bathing facilities until the water problem is fixed. The MRL requires the park to maintain the common facilities (which include the utilities) in good working order and condition. (Civil Code §798.15(d))

Recap:

• Resident is not allowed to deduct rent in case of utility shut-off.

• If there is lack of water, alert the code enforcement agency.

#8 Can the park evict a resident for not paying rent even though the park's Permit to Operate has been invalid for a year?

It depends. If the Permit to Operate (PTO) is officially suspended by the state Department of Housing (HCD) for more than 30 consecutive days, the park cannot legally collect rent from residents until the permit is re-instated. Until the PTO is officially suspended by HCD however -- despite the fact that the PTO fee may not been paid to the state in a year -- residents who withhold rent from the park may be subject to a notice of termination of tenancy by the management.

Recap:

• If the park's PTO is officially suspended by HCD for more than 30 days, then the park cannot legally collect rent.

#9 Can the park charge the resident a late fee if they missed paying the rent and utility bill by one day?

Late fees on rents, utility charges or other pass-through fees are not regulated by the MRL, however, California court cases regarding late fees generally have upheld residential leases with preset late penalties if they bear a Reasonable relationship to the actual damages that could be anticipated or sustained by the landlord for late payment, such as administrative costs relating to accounting for and collecting the late payments. For example, a 3% charge for late payment of rent ($15 on a $500 rent bill) is probably going to be construed as Reasonable. Whether $50 is Reasonable depends on the outstanding amount of the late rent and utilities owed.

Recap:

• If the signed lease or rental agreement stipulates a late fee, then the resident must pay.

#10 Why do residents have to pay taxes on their mobilehomes in addition to paying the park owner a fee for property taxes?

Mobilehome owners, who are park residents, pay for the park's property taxes either through their rent or sometimes through separate pass-through fees for property taxes, or property tax increases, on the park property. Yet mobilehome owners may also be liable for an individual property tax to the county on their home and accessory structures. Prior to July 1, 1980 most mobilehomes were taxed like vehicles by the state with a vehicle license fee (VLF) in lieu of local property taxes. However, the law was changed in 1979 to subject new mobilehomes and manufactured homes sold on or after July 1, 1980 to local property taxes instead of the VLF. Pre-July 1980 homes remain on the VLF unless the owner voluntarily switches the home to the local property tax system. Tax law does not allow the county assessor to base assessment of taxes on mobilehomes in parks on the value of the park land or space. Hence, the mobilehome owner's property tax is separate from the property tax on the park owner's land.

Recap:

• Resident pays the park's property tax pass-through fee. Resident may also have to pay county's tax assessment on their home and accessory structures.

• Before July 1, 1980, mobilehomes pay Vehicle License Fee.

• After July 1, 1980, new mobilehomes pay property taxes, separate from the tax assessment on park property.

#11 How can a resident get their taxes reduced?

Local property taxes are based on 1% of the assessed value (AV) of the property or home, plus any local bonded debt, such as school bonds. Under the California Constitution (Article VIIIA), the county assessor may increase the AV by 2% a year; however, when a home is sold and ownership is transferred, the assessor may re-assess the property (usually to the higher selling price or value). Therefore, homes that have been resold in a “good” real estate market have been reassessed at higher values, sometimes significantly higher, than those that have remained under the same ownership for years with the application of the annual 2% formula. Since the 2007 recession, many homes have decreased in value. Mobilehome owners, like owners of conventional homes, who feel their taxes are too high in the current market, may file an appeal with the county assessment appeals board to see if they can get their AV, and thus their taxes, reduced. The burden, however, is on the homeowner to produce evidence that his or her home is worth less than the assessor's valuation. This can be done by getting a private appraisal(s) and producing documents showing the reduced or selling prices of similar mobilehomes in the park or in similar parks in the community. Information on how to apply and the deadlines for applying may be obtained from the local county tax assessor's office.

Recap:

• File an appeal with the county tax assessor and be prepared to prove that the value of the mobilehome is worth less than the assessed value.

#12 Must the park owner accept Section 8 vouchers?

Section 8 is a federal program (Housing and Urban Development), and federal law does not require landlords to accept Section 8 rent vouchers. Landlords who accept Section 8 enter into agreements or contracts with the county that administers the program and must abide by the Section 8 terms for the period of the agreement, which is normally a set number of years. Because of Section 8 restrictions, some landlords have opted-out of Section 8 at the end of their agreements. The local county housing agency has information regarding availability of rent vouchers.

Recap:

• The park owner does not have to accept Section 8 rent vouchers.

#13 Where can residents get help if they suspect they are being overcharged on utility bills?

Most parks are “master-meter” operators that own, operate and maintain the electric, gas and water distribution system within the park and bill their residents with the monthly rent statement. Under the state Public Utilities Code, master-meter customers (parks) shall charge no more than the local serving utility would charge a resident, including passing through any low-income rebates or discounts, such as “CARE.” Residents can call County Weights and Measures (W&M) to have them check the accuracy of their meters and assure they have been correctly calibrated. Some W&M offices are willing to look into billing complaints, such as failure to provide proper billings or post rates, but most only check the accuracy of the meters. The California Public Utilities Commission (CPUC) is required to take informal complaints (800-649-7570) from residents in master-meter parks. The CPUC often refers these complaints to the serving utility to work out with the park management. If a third party billing agent prepares the utility billings for the park, the management shall disclose the contact information of the billing agent on residents' billings. (Civil Code §798.40(b))

Recap:

• The resident must prove overcharges.

• CPUC is required to take informal complaints (800-649-7570).

• Contact information for the third party billing agent must be disclosed on the residents' utility billings.

#14 Can the park start billing residents for utilities that were previously included in the rent?

If the residents' rental agreement provides that sewer, water and garbage are included in the rent, the park management may elect to itemize or charge separately for these utilities. (Civil Code §798.41) In this case, the average monthly amount of the utility charges shall be deducted from the rent. If the rental agreement does not specifically indicate that utility charges are included in the rent, then the park owner could charge for them after complying with the 60-day written notice requirement. (Civil Code §798.32)

Recap:

• If the lease or rental agreement stipulates separate charges, then the resident must pay accordingly.

• If it is not stipulated in the lease or rental agreement, then the park must give a 60-day advance written notice of an itemized billing.

#15 Do residents have to pay the cable TV service fee even if they don't use it? Also, can the park prohibit satellite dishes?

The park can charge a fee for services actually rendered with a 60-day notice if it is not already provided for in the rental agreement. (Civil Code §§798.31, 798.32) If the resident has signed a long-term lease agreeing to pay the fee, they may be obligated to continue to pay it until the end of the term of the lease. A 1997 California appellate case, Greening v. Johnson, held that cable TV is not an essential utility and a park cannot charge a resident a fee for such a service not actually used by the resident. Moreover, the Telecommunication Act of 1996 provides that community rules and regulations or local ordinances cannot prohibit the installation of a dish antenna on one's home or property if it is not more than 39 inches in diameter and does not constitute a health and safety problem. Park rules can regulate placement or design of the antenna on the home if Reasonable (e.g. rules don't preclude acceptable reception) but cannot ban satellite dishes outright.

Recap:

• If stipulated in the signed lease or rental agreement, resident must pay the fee.

• If not stipulated in the lease or rental agreement, then the park must provide a 60-day advance written notice of a fee for service actually rendered.

• Cable TV is not an essential utility, therefore the park cannot charge a non-user.

• Satellite dishes are allowable, but with strict guidelines.

#16 Some residents' water usage is down, but their water bill has increased. How do they find out if they are being overcharged?

Contact the park management. If the park cannot help, call the County Sealer (Weights and Measures) and ask them to check the accuracy of the meter. Check for plumbing leaks under home or in fixtures. If none of these steps resolve the problem, the resident may wish to file a complaint with the California Public Utilities Commission (CPUC) about rate issues and overcharges but only if the park receives water from a water utility or supplier regulated by the CPUC. If water is CPUC-regulated, resident may only be charged a water rate that the regulated utility would be able to charge residents if they were served directly by the utility. This would include a usage rate and a customer service charge (for meter reading and service). However, the majority of parks are not served by regulated water utilities but by municipalities, water districts, utility districts, or even the park's own water well system, and are not regulated by the CPUC. One exception is that the CPUC may take complaints from residents of parks regarding service or rates charged by parks using their own water systems or underground wells. If the park is subject to local mobilehome park rent control, rent control authorities may be able to provide some relief depending upon how the rent ordinance is written or administered. Otherwise, the resident would have to complain to the appropriate governing board of the municipality, water or utility district actually furnishing water to the park.

Recap:

• In a park with metered water served by regulated water districts: check bill calculations, see manager, call county, or file a complaint with the CPUC.

• If it is a park without metered water and not served by a regulated water district: call the local water board.

#17 Construction work is scheduled in the park that I manage. Do I have to contact the local utilities first?

Instead of calling the local utilities, dial 811 and be connected to the appropriate regional notification center that will contact the subsurface installation operators. The subsurface installation operator will then mark the lines that they own, operate or maintain within the area where you will be digging. (Government Code §4216.2)

#18 Can the park manager force residents to sign a long-term lease, causing them to lose rent control protections?

If the resident is currently a homeowner residing in the park, then they may reject a long-term lease and opt for a shorter-term lease. In the case of a prospective buyer of a home in the park who is not yet a resident, their right not to sign such a long lease is less clear. A rental agreement or lease with a term of more than 12 months is exempt from any rent control ordinance. (Civil Code §798.17) The resident may reject a long-term lease after reviewing it and opt for an annual or month-to-month rental agreement. (Civil Code §798.18) If the resident elects to have a rental agreement for 12 months or less, the rent charges and conditions shall be the same as those offered in the longer-term lease during the first 12 months (Civil Code §798.18). Not all long-term leases are bad for homeowners, and some may provide rent stability for years that month-to-month or annual tenancy does not, particularly in localities where rent control will probably never be enacted. (See also #20)

Recap:

• Current homeowners residing in the park have the option of signing a short-term lease agreement with charges and conditions that are the same as in a long-term lease.

• Buyers, or prospective residents, may not have the option to reject a long-term lease.

• Residents have 30 days to review and accept or reject a long-term lease.

#19 Is the park required to provide a lease agreement in the language of the resident if the resident is non-English speaking?

Not in most cases. Civil Code Sec. 1632 provides that a person engaged in a trade or business, who negotiates a contract or lease -- including a rental agreement covering a dwelling, apartment or mobilehome --in Spanish, Chinese, Tagalog, Vietnamese, or Korean, shall provide the other party, if he or she requests it, with a written copy of the contract or agreement in that language prior to execution of the document. However, this provision does not apply to contracts or agreements negotiated with the use of an interpreter, or to month-to-month rental agreements. Additionally, most mobilehome parks do not “negotiate” their leases with homeowners or prospective homeowners, but rather offer the lease on a “take it or leave it” basis.

Recap:

• Most mobilehome lease contracts are not negotiated and therefore they do not have to be offered in languages other than in English.

#20 Does a resident have to sign a long-term lease, or are there other options?

Homeowners living in a park have the right to review the proposed long-term lease and to reject it within 30 days and opt instead for a 12-month lease agreement or month-to-month rental agreement. (Civil Code §798.17(b)) If a homeowner rejects a long term lease, then the park cannot increase the rent above the terms provided for in the rejected long-term lease, for a year after the rejection date. (Civil Code §§798.17(c), 798.18(b)) A homeowner living in the park is entitled to a 12-month agreement or month-to-month, if they ask for it. (Civil Code 798.18(a)). (See also Question #18)

Recap:

• The resident has 30 days to accept or reject a long-term lease.

• The resident has the option of a month-to-month or annual rental agreement.

• If the lease is rejected, no increase in rent is allowed, above the terms of the lease, for a year.

#21 Can the park evict a resident for payment of late rent even though their rental history shows they eventually pay the full rent?

Yes. The MRL (Civil Code 798.56(e)) gives homeowners five days after the due date to pay the monthly rent and a 3-day notice thereafter to pay the rent (in 3 days) or be subject to termination of tenancy in 60 days. If a homeowner pays the rent within the 3-day grace period, the 60-day termination of tenancy is voided. However, the homeowner can only pay the rent late three times in a 12-month period. If a homeowner is late a fourth time within any 12-month timeframe, the park can refuse to accept the late rent and proceed with eviction after 60 days. Civil Code Sec. 798.56(e)(1) has a specific boldface warning notice about this “three strikes” provision, which must be included in each 3-day notice given by the management to the homeowner.

Recap:

• The resident has five days from the due date to pay rent.

• If the rent is late, the park can give the resident a 3-day notice to pay or risk eviction in 60 days.

• The resident can be late only three times in a 12-month period.

#22 Is the park allowed to issue an eviction notice to a resident and then refuse to talk about it and return their rent check?

In a mobilehome park, a resident's tenancy can only be terminated for just cause, meaning they can only be evicted for the seven reasons specified in state code, including violation of a park rule or regulation. (Civil Code §§798.55, 798.56) The park management must give the resident a 60-day notice (Civil Code §798.55(b)(1)), but if the resident refuses to move after the 60-day period, the park management can take the resident to court in what is known as an unlawful detainer action. There the resident would have the opportunity to tell the judge their side of the story. If the resident is evicted, and depending upon the court's decision, the resident may be required to pay the management's attorney fees (Civil Code §798.55(d)), in addition to having to leave the park. Management is required to specify the rule broken and explain the details and give the resident seven days to correct the rule violation. (Civil Code §798.56(d)) If the resident violates the rule more than twice in a 12-month period, on the third violation, the management may proceed with termination whether or not the resident has cured the violation (“3 strikes”). (Civil Code §798.56(e)(5))

Recap:

• The park manager must specify which rule was broken and explain the details.

• The park must give the resident seven days to correct the rule violation.

• If the resident violates a rule more than twice in a 12-month period, the park may proceed with eviction whether or not the resident corrected the violation.

#23 Can the park end a resident's tenancy by refusing to enter into a new rental agreement?

No, not if the resident is a homeowner. Under the MRL, homeowners normally rent under a month-to-month or 12-month rental agreement or long-term lease of more than one year. When the term of the rental agreement is up, the management cannot elect to end the tenancy but must offer a 12-month or month-to-month agreement if requested by the homeowner. Residents who own their mobilehomes in the park cannot be evicted because their lease has expired -- only if they have not paid the rent, or have violated park rules or regulations. (Civil Code §798.56) However, if the resident is a tenant --not a homeowner --who rents a park-owned mobilehome, such a tenancy would be governed by conventional landlord-tenant law. In that case, the park can terminate the tenancy without a reason with a 30-day notice.

Recap:

• The park cannot terminate a resident's tenancy when the lease or rental agreement expires - only when the rent has not been paid or a rule has been violated.

#24 For residents who do not own the mobilehome they are living in, what rights do they have in the case of an eviction?

The MRL eviction protections and procedures only apply to homeowners who own their own homes and rent their spaces, not to tenants who rent mobilehomes owned by the park, park management, or other persons. Certain sections of the MRL do apply specifically to both homeowners and “residents” (Civil Code §798.11). However, the MRL's “just cause” eviction provisions (Civil Code §798.56) do not apply to residents who rent mobilehomes owned by others. They would be subject to the requirements of conventional landlord-tenant law (Civil Code §1940 et seq.). In such a case for these tenants, where there is a notice of eviction without any reason, tenants living in the rental home for less than a year generally would be entitled to a 30-day notice of termination; those living there for a year or more, are entitled to a 60-day notice if eviction is without cause. (Exceptions to the 60-day requirement are in Civil Code §1946.1.)

Recap:

• Tenants who live in the mobilehome which they own are covered under the provisions of the MRL.

• Tenants living in rental mobilehomes are subject to eviction protections and procedures in landlord-tenant law, not the MRL.

• Tenants in rental homes for less than a year generally are entitled to a 30-day notice of termination if there is no cause for termination.

• Tenants in rental homes for a year or more generally are entitled to a 60-day notice of termination if there is no cause for termination.

#25 Do residents have any rights to compensation for being dislocated when the park closes down?

Mobilehome park residents' associations have rights under the notice requirements in the MRL (Civil Code §798.80), and potential relocation assistance under the state Government Code. Where no city permits are required to close or convert the park to another use, the park must give residents at least a one-year written notice of termination of tenancy. (Civil Code §798.56(g)) Where local permits are required, which is usually the case, the park must give residents a 15-day written notice that park management will appear before a local board or planning commission to request permits for a change of use. At the same time, the park must make public the impact report requirements (Civil Code §798.56(h)), and only after approval of all permits by the city can the park then give the residents a 6-month notice of termination. (Govt. §65863.7) Upon approval of the closure or conversion of a mobilehome park to another use, the park must render an impact report to the city on the effect the conversion will have on the residents' dislocation and their ability to find alternative housing. (Govt. §65863.7) The city must then hold a hearing on the impact report and may require the park to pay the Reasonable costs of relocation to displaced residents as a condition for obtaining various permits to convert the park and develop the land for another use. Usually this takes several hearings and a number of months. Actual relocation assistance afforded to residents is determined by the city, usually the planning commission or a delegated committee or agency of the commission. Often local governments will have a mobilehome park conversion ordinance which parallels the requirements of state law and fills in the details of the relocation assistance that may be required by the city, whether it is actual relocation of the mobilehome or a buy-out of the home, and how the mobilehome is to be valued for these purposes. If the park is to be subdivided into individual parcels (where a conventional subdivision will replace the park) and where a tentative or final map is required, the city may impose even more stringent relocation requirements. (Govt. Code §66427.4.) Local officials are the final arbiters of any relocation assistance to which displaced mobilehome owners may be entitled.

Recap:

• If no local permits are required for park closure or conversion, then the park must give residents at least one year advance written notice.

• If local permits are required for park closure or conversion, then the park must proceed with relocation guidelines established by state and local law.

• Local officials are the final arbiters of any relocation assistance.

#26 Do mobilehome park rules prevail over state law?

No. The park rental agreement and the park rules and regulations must be consistent with the MRL and other laws that apply in parks. For example, a park rental agreement or rule that provides the park may increase the rent with a 30-day notice to a homeowner who owns the mobilehome in the park would be in conflict with Civil Code Sec. 798.30, which provides that such a rent increase requires a 90-day notice. In this example, the MRL prevails over the conflicting park rule.

Recap:

• State laws prevail over park rules.

#26.1 Is the park manager responsible for distributing the Mobilehome Residency Law to every resident annually?

Prior to February 1 of each year, if a significant change was made to the MRL, the park owner or manager shall provide all homeowners with a copy of the MRL, or provide written notice to all homeowners that there has been a change to the MRL and that homeowners may obtain a copy of the MRL from the management at no charge. Upon request of the homeowner, management must provide a copy within seven days. (Civil Code §798.15(c)). NOTE: The management must provide a copy of the MRL only, as specified. The MRL is Civil Code 798-798.88.

Management is not required to distribute the handbook published by the State Senate, casually referred to as “The MRL.”

#26.2 When will the CA State Senate's MRL handbook be translated? There is great demand for Spanish, Vietnamese and other languages.

For many years, the State Senate translated the Mobilehome Residency Law (MRL) into Spanish. At one time the MRL was also available in Vietnamese. The last Spanish translation was done in 2012, and the last Vietnamese translation was done in 2007. Over the years, budget cuts have made it impossible to acquire updated translations. Since the MRL is in the public domain, communities may translate the MRL for their members. NOTE: For 2017, the FAQs will be available in Spanish.

#27 Do the protections of the MRL apply to all residents in mobilehome parks, or do they only apply to homeowners?

Many of the most important provisions of the MRL expressly apply to homeowners only, such as the terms and receipt of written leases (Civil Code §§798.15 and 798.18-798.19.5), amendment procedures for rules and regulations (Civil Code §798.25), fees and charges (Civil Code §§798.30-798.39.5), evictions (Civil Code §§798.55- 798.56), and rental qualifications and procedures. On the other hand, issues dealing with a “community” of persons often include “residents”, such as management entry into mobilehomes or park spaces (Civil Code §798.26), vehicle removal (Civil Code §798.26.5), communications and right to assemble (Civil Code §§798.50- 798.52), and abatement of park nuisances, and injunctions for violating park rules (Civil Code §§798.87-798.88).

Recap:

• It has been interpreted that key provisions of the MRL apply only to homeowners.

#28 Is the new park management allowed to change rules on long-time residents or are these residents “grandfathered-in” under the old rules?

Existing residents are not exempt from park rule changes. According to the MRL (Civil Code §798.25), the park can change a park rule and regulation as it applies to existing residents, after giving residents six-month's notice of the change, or a 60-day notice if it involves changes in rules relating to the park's recreational facilities, such as the swimming pool or recreational facilities within the clubhouse. The management must also meet and confer with park residents, at the residents' request, upon a 6-month notice regarding a change in park rules but is not bound to accept residents' suggestions or requests regarding the rules. (Civil Code §798.25(b))

Recap:

• Existing residents are not exempt from park rule changes.

• A 6-month advance written notice is required for a rule change.

• A 60-day advance written notice is required if a rule change affects the common recreational facilities.

#29 Can the park manager force rules on some residents and not on others?

No. The MRL provides that the park rules and regulations have to be “Reasonable.” (Civil Code §798.56(d)) “Reasonable” often may be subject to court interpretation, but normally rules have to have some rational basis in fact under the circumstances, as well as apply evenly to everyone residing in the park. Park owners and their employees are required to abide by park rules to the same extent as residents have to, except rules regarding age limits or acts of the park owner or park employee undertaken to fulfill park maintenance, management or operational responsibilities (making noise by pounding nails, use of trucks for maintenance purposes, etc.). (Civil Code Sec. 798.23)

Recap:

• Park rules shall be applied evenly to everyone residing in the park.

#30 Do residents have a say in the elimination of the retirement lifestyle promised when they moved in, and shouldn't the park have facilities for kids if they convert to an all-age park?

Senior residents who have leases that provide that the park is a “retirement” or “senior” park and provide for specific facilities may have a case against diminution of services agreed upon in the lease or rental agreement.

The federal Fair Housing Amendments Act of 1988 prohibits discrimination against families with children in multiple residential housing but permits such housing, including mobilehome parks, to limit residency to seniors in one of two categories: 1) 55 and older, or 2) 62 and older, if the park meets certain minimum conditions. The major condition is that a minimum of 80% of the units are required to have at least one resident who is of age 55 or older. Federal law does not specifically address procedures for changing from a senior-only category to an all-age category, which in rental mobilehome parks under state law or by practice is often the sole decision of park management with a minimum notice. However, parks can lose their “senior” status if, upon a complaint, they fail to meet the statutory conditions, such as the 80% requirement. The law does not require parks or other multiple- residential housing complexes that convert to all-age to install playground or other facilities for children. Advocates of family housing have argued that such a requirement would drive up the cost of housing and discourage landlords from opening up restricted housing to families. Some local governments have imposed conditions on mobilehome park zoning or use permits by requiring parks, that were developed as “senior parks”, to be maintained as “senior” unless otherwise approved by the city or county. It is not clear to what extent these local zoning or use permit requirements may conflict with the federal Fair Housing Amendments Act.

Recap:

• Lease agreements that stipulate “senior” status and provide for specific senior amenities could be viewed as breached if the senior-status of the park is changed.

• Senior park status requires 80% of park units to have at least one resident 55 or older.

• The law does not require parks that are converted to “all-age” to install children's recreational facilities.

• No federal law specifically addresses guidelines for changing from “senior” to “all-age”.

#31 Is it legal for our all-age park to change back to a senior-only park?

This is an issue that has changed over the years. Pursuant to the passage of the Federal Fair Housing Amendments Act in 1988, and the adoption of federal HUD regulations to carry out the Act, it was originally believed that multiple residential communities could not backtrack once they had decided to open up to an “all-age” status. However, under the Housing for Older Persons Act of 1995 (HOPA), which amended the 1988 Act, regulations established a transition period until 2000 to provide a mechanism for communities to become housing for older persons if they had abandoned or did not achieve such status before HOPA. Then, in 2006, HUD adopted a memo to clarify how communities that did not convert to housing for older persons before the 2000 transition period deadline could do so. If vacated spaces fill up with qualifying seniors (55 or older), and the park does not discourage or discriminate against younger people from buying available homes when these vacancies occur, the park can be “built back” to a senior status. However, this is difficult to achieve and few parks, once they become family parks, have been able to go back to a 55-or-older status.

Recap:

• Reverting to a senior-only park is allowable, but rarely achievable.

#32 What rights do residents with disabilities have?

Residents with disabilities are entitled to be free from harassment and discrimination in all aspects of housing.

They also have a right to Reasonable accommodation in rules, policies, practices, or services related to housing.

This normally takes the form of a change in an existing rule, policy, practice or service, such as allowing an assistive animal even though the current rental agreement has a “no pet” provision. Residents with disabilities are also permitted, at their own expense and with proper permits, to modify their dwellings, e.g., by building a ramp, to ensure full enjoyment of the premises. (Civ. 798.29.6) Modifications require obtaining proper permits beforehand. For additional information, contact the state Department of Fair Employment and Housing at (800) 233-3212, or at www.dfeh.ca.gov.

Recap:

• Disabled homeowners have the right to Reasonable accommodations.

• Disabled homeowners are permitted to modify their own homes with proper permits.

#32.1 I am a manager in a mobilehome park where an elderly resident is putting herself in danger. When I call her family, they are unresponsive. What do I do to make sure she and the other residents are safe from harm?

Contact your county's Adult Protective Services program. APS is a state-mandated program (Welfare & Institutions Code Sec. 15610.10) that provides evaluation and assistance for seniors (age 65 and older) and dependent adults (age 18-64 and physically or mentally impaired) who are reported to be unable to meet their own needs. APS agencies investigate reports of alleged victims endangered by physical, sexual or financial abuse, isolation, neglect, or self-neglect.

Recap:

• Call county APS for assistance, evaluation and intervention. (See Community Resources, p. 83)

#33 Can the government force park management to limit the number of people living in a mobilehome?

The occupancy standard issue is difficult to solve. The issue has arisen at both the federal and state levels. Legislation has been considered but not enacted to create a “2 persons per bedroom plus 1” standard that is presently only a HUD guideline (e.g., if the home had 1 bedroom, the occupancy standard would be 3 persons; if the home had 2 bedrooms, the standard would be 5 persons, etc.). Proponents argue that occupancy standards are necessary to avoid overcrowding and unhealthy living conditions. Opponents contend that, especially in areas where the cost of housing is high, an occupancy standard may be interpreted as a form of discrimination against persons who can't afford larger homes. Some cities have attempted to legislate occupancy standards, only to have their ordinances challenged in court. Mobilehomes usually have a design standard established by the manufacturer as the recommended occupancy for the size of the home. The park manager could try to establish an occupancy standard in the park rules based upon the design standard of each home or the HUD guideline, but the rule could possibly be subject to legal challenge.

Recap:

• The HUD guideline (2 persons per bedroom, plus 1) is a design standard, not a law.

#34 Does state law guarantee the park's clubhouse to be open and available at Reasonable hours?

Yes. In parks that have clubhouses or meeting halls, the MRL requires the common facilities to be open and available at Reasonable hours, which are to be posted. (Civil Code §798.24) Homeowners may hold meetings at Reasonable hours and in a Reasonable manner in the clubhouse -- when it is not otherwise in use --for any lawful purpose, including homeowner association meetings and meetings with public officials or candidates for public office. (Civil Code §798.51)

Recap:

• The park shall make the clubhouse available to residents at Reasonable hours for lawful purposes.

#35 Is it legal for parks to allow some residents to have pets and not allow others to have them?

It depends on the terms of the rental or lease contract. The MRL permits pets in parks with certain limitations, such as one domesticated dog, cat, bird or aquatic animal (kept within an aquarium), subject to “Reasonable” park rules. (Civil Code §798.33) However, persons who signed a rental agreement prior to January 1, 2001 with a provision prohibiting pets are bound to that provision until the rental agreement expires or is renewed. Persons moving into a park after January 1, 2001 would be allowed to have pets that conform to the park's rules as to size, height, or weight of the pet, and in some instances breed (e.g. some parks prohibit big dogs, pit bulls and certain breeds with so-called aggressive tendencies). However, a person with a disability has the right to have an assistive animal as a Reasonable accommodation for the disability when necessary to ensure equal opportunity to use and enjoy the housing.

Recap:

• If the current rental agreement, with a “no pet” provision, was signed before 1/1/2001, then the resident is prohibited from having a pet.

• If the current rental agreement was signed after 1/1/2001, then the resident can have pets that conform to park rules.

• If the resident has a disability, then he/she may request an assistive animal as a Reasonable accommodation for the disability.

#35.1 There are many residents in the park who have multiple emotional companion pets, although the rest of us have to obey a strict pet rule. What are the laws on this?

According to the California State Mental Health Services Authority, a “service” dog is trained to perform specific tasks to help a person with a physical or mental health disability; and an “emotional support (companion) animal” is an animal that provides comfort to a person with the mental health disability, without being trained to perform a specific task. The park owner may allow a “Reasonable accommodation” for a service or companion animal if the animal does not pose a direct threat to other tenants, or physical harm to property. The owner of the service dog or companion animal is responsible for that animal, ensuring that it complies with local animal control laws and is not a danger or nuisance to the other residents in the park. The park manager may ask for a letter from the pet owner's medical professional confirming the resident's disability and stating why the support animal is needed.

For more information: California Department of Fair Employment and Housing (800) 884-1684; Disability Rights California (800) 776-5746

Recap:

• A park manager may ask for medical proof of need for the support animal.

• A “service dog” is trained to perform specific tasks.

• An emotional support (“companion”) animal is not a “service” animal.

• The owner of the support animal is liable for the animal's behavior.

#36 I manage a park where pets and other animals are getting out of control. Some residents' dogs are aggressive toward other pets or residents, some residents feed feral cats, and some stray animals wander in packs. How do I solve these problems?

Contact the city or county animal services department for assistance. Local government services include abatement or information on the following matters: barking/nuisance dogs, rodents, stray/feral, license/registration/microchip, dog bites, neglect/abuse, spay/neuter, and prohibited aggressive breeds. Also, according to California Code of Regulations, Title 25 (health and safety requirements for mobilehome parks), Article 2, Section 1114(a), “Dogs and other domestic animals, and cats (domestic or feral) shall not be permitted to roam at-large (free) in any park.” Finally, pet owners may be liable for damage or harm caused by their pets.

Recap:

• Contact city or county animal control agency. (See Community Resources, p. 83)

• Pet owner may be legally liable for damage or harm caused by their pet.

• Feral animals are not pets.

#37 Is management allowed to restrict parking and have residents' cars towed?

Residents or guests who park in fire lanes, or in front of park entrances or fire hydrants, can be towed without notice. Residents' cars cannot be towed from their own parking space or driveway unless the vehicle does not conform to the park rules, in which case a 7-day notice is required. (Civil Code §798.28.5) However, if a vehicle presents a significant danger to the health and safety of residents, or is parked in another resident's space and that resident requests it be removed, the vehicle could be towed without the 7-day notice. (Civil Code §798.25(b)(2)) The extensive provisions of Vehicle Code Sec. 22658 apply to both the management's and tow company's procedures in removal of the vehicle.

Recap:

• Management may have cars towed without notice if the parked car violates the health and safety of residents.

• Management may have cars towed, upon request, if one resident's car is parked in another resident's space.

• A 7-day written advance notice is required if a parked car does not conform to park rules.

• A 7-day notice is not required if a resident parks their car in another resident's space and the displaced resident requests the car be towed.

#38 Can the park prevent residents from subleasing their mobilehome?

Yes. Most mobilehome parks have rules that prohibit homeowners from subleasing their mobilehomes, even in hardship cases. However, in cases of seniors who require medical convalescence away from their homes, they may sublet for up to one year. (Civil Code §798.23.5)

Recap:

• The park may prohibit a resident from subleasing.

#39 Is it legal to place RVs on mobilehome spaces?

It depends on the circumstances. When mobilehome parks were first constructed, designation as a park would normally have been made as a condition of city or county use permits or zoning requirements. Therefore, the city would have to enforce the conditions of the permit or zoning ordinance. The State Department of Housing's Permit to Operate (PTO) reflects the number of mobilehome spaces and the number of RV lots. In the absence of local permit conditions though, a pre-1982 mobilehome park may allow RV's and mobilehomes to be situated on mobilehome spaces, but only RV's can be situated on RV spaces. In a mobilehome park developed after January 1, 1982, however, state law provides that mobilehome spaces shall not be rented for the accommodation of RVs unless they are in a separate area of the park designated for RVs and apart from the mobilehomes.

Recap:

• In parks developed before 1982: If there are no local permit or zoning restrictions, then RVs and mobilehomes may occupy mobilehome spaces, but mobilehomes may not occupy RV spaces.

• In parks developed after Jan. 1, 1982: No RVs are allowed on mobilehome spaces unless the mobilehome space is in the RV section of the park.

#40 Can the manager evict a homeowner's caregiver from the park after the homeowner has died?

It depends upon the circumstances. Generally, a caregiver - including a caregiver-relative - does not have the right to continue to live in the park even if he or she has inherited the mobilehome. The caregiver statute (Civil Code §798.34) recognizes that a senior homeowner has the right to have a caregiver, even someone who is 18 or older in a senior park, to assist them with medical needs under a doctor's treatment plan, but the caregiver resident has no right of residency (Civil Code 798.34(c), (d)) and is considered a guest of the homeowner. Therefore, when the homeowner dies, the caregiver's right to continue to live in the park normally ends. If, however, the caregiver was a party to the homeowner's rental agreement, or had otherwise been accepted for co-residency by the park while the homeowner was alive, the park could not evict the caregiver after the homeowner's death except for the same kind of reason they could have evicted the homeowner, such as failure to pay the rent. In either case, whether or not the caregiver has a right of residency in the park, if the caregiver inherits the home, he or she would have the right to resell it in place if they continue to pay the rent and fees and comply with other requirements of resale until the home is sold. (Civ. 798.78)

Recap:

• If the caregiver, or caregiver-heir is not listed on the rental or lease agreement, then they cannot assume they have inherited residency rights.

• The heir is responsible for rents and fees until the home is sold.

#41 How do residents get the park owner to fix the failing utility systems?

Contact the Department of Housing and Community Development (HCD) or local government, whichever has jurisdiction to inspect mobilehome parks. In more serious cases, residents may wish to consider legal counsel.

Recap:

• Contact the code enforcement agency -- either state Dept. of Housing or local health department.

#42 Is the park manager allowed to force residents to correct code violations to their homes and spaces before a scheduled inspection by the state Dept. of Housing?

The state Department of Housing (HCD) operates a park inspection program with a goal of completing inspections in at least 5% of the parks in the state per year in order to assure that a Reasonable level of health and safety is maintained in those parks. The inspection includes the park common facilities, such as lighting, roads, clubhouse, utilities, and other facilities for which the park is responsible, as well as individual home site spaces, including the outside of the homes and accessory structures for which the homeowner is responsible. HCD inspectors do not go inside a home unless requested to do so by the homeowner. Citations for violations, depending upon how serious, must either be corrected as soon as possible or within 30 to 60 days. Inspectors have the authority to extend the deadline for compliance if the situation warrants it. Homeowners may appeal a citation to HCD if they feel it is unwarranted. (HCD does not have authority to assess fines against homeowners who do not comply.)

Recap:

• The park manager may urge residents to correct code violations on the outside of their homes or on their spaces, or else the resident may risk citation by HCD.

#43 Which government agency is responsible for enforcement of health and safety regulations in my park?

In most cases, HCD The state Department of Housing and Community Development has enforcement authority over mobilehome and RV parks. However, there are a few cities and counties that maintain code enforcement in their jurisdictions. View the “Mobilehome and Special Occupancy (RV) Parks listing” at HCD to find out which agency is responsible for code enforcement in your park.

#44 What is the difference between the Mobilehome Residency Law (MRL) and Title 25?

The MRL is the “landlord-tenant” law (Civil Code 798. et seq.) for mobilehome park residency, governing the rights of park residents. “Title 25”, a section of the California Code of Regulations, governs the health and safety aspects of a mobilehome park's buildings, lot lines, and utilities infrastructure, to name a few. Find Title 25 at HCD

#45 Does the park manager have the right to tell me to remove my belongings that are stored on my space?

The park manager has an obligation to keep the park safe from fire. According to California Code of Regulations, Title 25 (health and safety requirements for mobilehome parks), Article 2, Section 1120, “Occupants shall keep the lot area and the area under, around, or on their unit and accessory buildings or structures free from an accumulation of refuse, rubbish, paper, leaves, brush or other combustible material,” and that park operators "...shall ensure that a collection system is provided and maintained, with covered containers, for the safe disposal of rubbish.”

Recap:

• There are strict fire prevention rules for mobilehome parks. Residents and park employees must comply with Title 25.

#46 Can the park manager reduce or eliminate park services and amenities that resident have already been paying for?

Yes, if the services or amenities are not guaranteed in a signed rental or lease agreement. However, if the services and amenities are part of a signed lease or rental agreement (Civil Code 798.15(f)), they may be eliminated with equal reduction in rent.

Recap:

• The park management can reduce or eliminate park features if they are not agreed upon in a signed lease or rental agreement.

#47 Can the park owner or manager move lot lines without permission from residents whose spaces are affected?

Before moving a lot line, the management must obtain a permit (H&S Code Sec. 18610.5) from HCD The state Department of Housing and Community Development and verify that the park has obtained the consent of homeowners affected by the lot line change. However, in some older parks there are no markers or defined lot lines and no plot maps indicating where the lot lines should be. In cases where there is no documented evidence of original lot lines, HCD may not be able to determine that the lot line has been moved and that a permit is required. The issue then becomes a legal matter between the park management and the affected homeowners.

Recap:

• A permit is required from the state Dept. of Housing before the park moves lot lines.

• In old parks with no official lot line maps, moving lot lines may require legal or regulatory oversight.

#48 Can the park manager force residents to pay for maintenance or removal of a tree on their space and for maintenance of their driveway?

It depends on the facts of the case. The “tree and driveway” issue has been subject to major debate for years. The park owner is responsible for maintenance or removal of a tree on the homeowner's space only if it is a hazard or constitutes a health and safety violation, as determined by the enforcement/inspection agency (usually HCD). (Civil Code §798.37.5) Homeowners may have to pay a fee for an inspection where there is a dispute between the park and the homeowner over the tree and where the homeowner requests an inspection by HCD or the local enforcement agency. Inspectors have wide discretion in this regard, and if the inspector does not find a violation, the homeowner may end up having to pay to remove the tree anyway.

With regard to driveways, the park owner is responsible for maintenance unless the homeowner has damaged the driveway or the driveway was homeowner installed. Legal counsel has suggested, however, that Civil Code Sec. 798.37.5(c) seems to leave open the question whether a current homeowner is responsible for maintenance of a driveway installed by a prior homeowner, arguing that such a prior installed fixture belongs to the park.

Recap:

• If the signed lease or rental agreement makes the homeowner responsible, then the homeowner must pay.

• If there is no stipulation of responsibility in the lease agreement, then the park is only responsible if it is a health and safety hazard.

• Driveways may be the responsibility of park unless the driveway was homeowner installed or damaged by the homeowner.

#49 Is the mobilehome owner or the park owner responsible for correcting pre-existing code violations on the space?

The mobilehome owner is responsible. (Civil Code 798.36). Although the park operator is ultimately responsible for assuring that all citations on park property are corrected, the law does not require the park operator to pay for code violations involving the home or space except in rare instances. The homeowner is primarily responsible for correcting any violations concerning the home or space on which he/she resides, including any pre-existing code violations after the sale of the home. This is one of the reasons that real estate disclosure was enacted in 2000 for mobilehome resales, although conditions not known to the seller cannot be disclosed. (Civil Code §1102.6d)

Recap:

• The homeowner is responsible for correcting any code violations in or on their home, space and accessory structures, including pre-existing code violations.

#50 Does a resident need a permit from HCD to remodel their home, even though all the changes and upgrades are on the inside?

Homeowners need a permit from HCD The state Department of Housing and Community Development (HCD). Only HCD, not local government, may issue permits for alterations of a mobile home's structural, fire safety, electrical, plumbing or mechanical components. The two offices that handle such permits are:

Northern California Area

Field Operations

9342 Tech Center Drive, #550

Sacramento, CA 95826

(916) 255-2501

Southern California Area

Field Operations

3737 Main Street, #400

Riverside, CA 92501

(951) 782-4420

Recap:

• Permits are required. No exceptions.

#51 Is there financial assistance available to residents for correction of code violations on their homes?

Many local governments have rehabilitation or repair grants for low income homeowners, including residents or owners of mobilehomes, in some cases. This money is made available through the CalHome program, operated by HCD, to local governments and non-profit organizations, as part of two housing bond issues approved by state voters in recent years. However, application must be made through local government, and not all local jurisdictions have such programs. There are usually income and residency eligibility requirements. Additionally, some jurisdictions do not consider mobilehomes “real property” eligible for rehab funding or may have restrictions on the kinds of repairs that will be funded. Contact the county housing agency for information on availability and eligibility.

Recap:

• The State passes money to the counties for home repair assistance to low-income mobilehome owners. Not all counties participate in this program.

#52 The park owner is planning a “condo-conversion”. Will homeowners who can't afford to either buy their lot, or pay the higher rents once the park loses rent control protection, be economically evicted?

Not necessarily. A growing number of mobilehome park owners have been utilizing a special provision of the state's Subdivision Map Act to convert their parks to “resident owned condominiums” or “subdivisions”, thus exempting the converted parks from local rent control after the sale of the first lot. Condominium interests in mobilehome park spaces must be offered to renting homeowners, and low-income homeowners who cannot afford to buy can continue to rent their spaces under a statute which limits rent increases, including “pre-conversion” pass-through fees, to the Consumer Price Index or less. (Govt. 66427.5(f)(2)) However, non-purchasing residents who are not low-income lose rent control protection upon the conversion and may have their rents increased to higher “market levels”. The state's Mobilehome Park Resident Ownership Program (MPROP) provides limited financial assistance to low-income residents to help them buy their interests in resident-owned condo parks, and some local governments may also have financing to assist some as well.

Recap:

• Low-income renters keep rent control protections.

• Low-income buyers may qualify for state and local financial assistance.

#53 Is the park owner required to offer residents the right-of-first-refusal to buy the park when it is put up for sale?

No. Although the MRL provides that the park management must give the governing board of the park homeowners association a 30-day written notice of the park owner's intention to offer or list the park for sale, the notice is not a “right of first refusal,” does not apply to sales other than to offers or listings initiated by the park owner, and is only applicable if certain conditions are met. (Civil Code §798.80) In order to receive the notice, residents must form a homeowners association for the purpose of buying the park and register with the Secretary of State. The homeowners association must notify the park each year of the residents' interest in buying the park. The notice requirement does not apply to the sale or transfer of the park to corporate affiliates, partners, or relatives, or transfers triggered by gift, devise, or operation of law, eminent domain, foreclosure, or transfers between joint tenants or tenants in common.

Recap:

• When selling the park, the park owner is not required to make the first offer to the homeowners' association.

• The homeowners' association may notify the park if it is interested in buying the park but it does not have the right of first refusal.

#54 Which state laws regulate the operation of non-profit resident owned parks - the MRL, the Mobilehome Parks Act, the Non-Profit Mutual Benefit Corporation Law, or the Davis-Stirling Common Interest Development Act?

All these laws may apply, but whether they do in a particular park depends upon the circumstances in each case and may require consultation with an attorney. Therefore, the following answer is only intended to have general application:

Mobilehome Residency Law (MRL). For a resident-owned park, Article 9 of the MRL, governing the relationship between residents and the park management (Civil Code §799 et. seq.), applies only to residents who have an ownership interest in the park, while Articles 1 through 8 (Sections 798 - 798.88), relating to rental parks, apply to any non-owning residents who continue to rent or lease their spaces in a resident-owned park. However, if the park is a non-profit mutual benefit corporation and no subdivision declaration or condominium plan has been recorded then Articles 1 through 8 apply to the owning residents in the park.

Mobilehome Parks Act Health and Safety Code - HSC 18200-18700). The MPA governs health and safety (building) code requirements for both rental parks and resident-owned parks that were converted from formerly rental parks, but the MPA in most cases does not apply to resident-owned parks that were originally developed as manufactured housing subdivisions or communities under local development standards, not rental parks.

Non-Profit Mutual Benefit Corporation Law (Corp. Code §7110, et. seq.). This law applies to a non-profit corporation which is a homeowners association that operates or governs a multiple residential community for the mutual benefit of the members of the association. However, the Corporations Code does not apply to unincorporated homeowners associations that operate such communities, of which there are estimated to be but a few.

Davis-Stirling Common Interest Development Act (Civil Code 4000-6150). This Act defines and regulates common interest developments (CIDs), including many resident-owned parks. In order to be a CID subject to the requirements of the Davis-Stirling Act, the park must 1) have a common area or common areas (such as roads, a club house, or other commonly used facilities) in addition to individual interests or residences, and 2) file with the county recorder a declaration of intent to create a CID along with a condominium plan, if applicable, or a final map or parcel map, if applicable, for the CID. In most cases where a resident-owned park is a condominium, planned unit development (PUD), or subdivision, the Davis-Stirling Act will apply. However, non-profit stock cooperatives or other resident-owned parks that are not subdivisions or condominiums may also be subject to the Davis-Stirling Act if a simple declaration creating the CID is recorded. Without the recording of such a declaration, however, the Davis-Stirling Act does not apply.

Recap:

• Different laws apply depending upon the form of ownership. Check with an attorney.

#55 Is a mobilehome park cooperative subject to the Davis-Stirling Act?

The Davis-Stirling Act was specifically designed to apply to housing cooperatives, and in many cases it will be clear that the Act applies to those cooperatives. However, there will be some cases where the answer may be unclear.

There is no doubt that a cooperative can be a common interest development ("CID") that is governed by the Act. The term "common interest development" was defined to include "stock cooperatives." (Civ. Code §4100(d))

A stock cooperative is a kind of CID where a corporation owns all of the real property and shareholders have a right of exclusive occupation of part of the property (i.e., a designated lot). [See Civ. Code §4190 (defining "stock cooperative").]

However, there is a potential technical complication. The law also says that before any housing association may be considered a CID governed by the Davis-Stirling Act, it must also have recorded a "declaration." (Civ. Code §4200) If a mobile home community fits the definition of a "stock cooperative" and has a recorded declaration (as specified in Civil Code Section 4250), then it is nearly certain that it is governed by the Davis-Stirling Act. But if a stock cooperative does not have a recorded declaration that satisfies Section 4250, then there is an unanswered legal question about whether the Act applies.

Recap:

• A co-op can be a CID that is governed by Davis-Stirling, however, not all cases are clear. See an attorney.

#56 Where can our HOA board find a copy of the original articles of incorporation?

Contact the California Secretary of State's division of Business Programs at (916) 657-5448. Or, search online at www.sos.ca.gov , under the heading “Business Programs” to request copies.

#57 Our HOA board may be violating CID laws. Is there an agency that enforces the law?

There is no regulatory agency that enforces the statutes (Business & Professions Code, Civil Code, etc.) related to homeowners' governing boards. However, the California State Attorney General's office provides some enforcement of portions of the Corporations Code related to HOA governing boards. Depending on the nature of the problem, seek the advice of a private attorney, contact your local district attorney's office or bring your case to small claims court.

Recap:

• Search the website of the Attorney General's Office (oag.ca.gov) for more information.

• Contact the county Small Claims Court advisor for more information. (See Community Resources, p. 83)

#58 What can residents do about park managers who act unprofessionally?

There are no state mandated qualifications to be a mobilehome park manager. Many are good managers, however a few lack professional training and oversight. The MRL gives residents certain rights, but when contentious issues have to be resolved, residents have a right to contact legal advocacy groups that will assist them in assessing and achieving a solution to the problem.

Recap:

• Contact local or state fair housing commission for counsel and assistance.

• Contact the county Small Claims Court advisor for more information.

#59 What good is the MRL if there is no enforcement and residents have to go to court to protect themselves?

The MRL - the landlord-tenant law for mobilehome parks -- is part of the Civil Code. The enforcement mechanism is through the civil courts, not law enforcement or another government agency. The courts are a branch of government responsible for, among other aspects, resolving or ruling on civil disputes.

Recap:

• The MRL is enforced through the courts.

• Contact local legal services for assistance.

• Contact the county Small Claims Court advisor for more information. (See Community Resources, p. 83)

#60 How can residents find-out who owns and operates the park?

The manager shall provide the name and address of the park owner to residents who request it. (Civil Code §798.28) Also, listings of park owners/operators can be found on the state Department of Housing's (HCD's) Mobilehome and RV Parks Listing website.

Recap:

• For the name of the park owner or operator, search online at HCD .

#61 Does the law require a manager to be on the premises at all times in case of emergencies?

Not exactly. State law requires a manager or his/her designee to reside in parks with 50 or more spaces, but does not require them to be on the premises 24 hours a day. (Health and Safety Code §18603) It also requires a person to be available by phone, pager, answering machine or answering service, and to reasonably respond in a timely manner to emergencies concerning the operation and maintenance of the park. The agency responsible for enforcement of park health and safety requirements is either local government or HCD.

Recap:

• The park manager does not have to be on the premises 24 hours a day.

• Parks with less than 50 spaces do not require a manager to live on the premises.

• The park manager does have to be available by phone or other communication device to respond to health and safety emergencies affecting the park.

#62 Does the park manager have the right to enter the resident's lot without notice?

The MRL provides that the park manager has the right to enter the lot at Reasonable times and in a manner that does not interfere with the resident's “quiet enjoyment” for the purpose of maintaining utilities, trees and driveways, protection of the park, and for maintenance of the premises where the resident has failed to maintain them in accordance with the park rules. (Civil Code §798.26) The MRL does not require the manager to give the resident a notice for this purpose. However, the manager does not have the right to enter the home or enclosed accessory structure without prior written consent of the homeowner, except in an emergency or where the resident has abandoned the home. (Civil Code §798.26(b))

Recap:

• Park manager may enter private lots under Reasonable circumstances, as defined in the MRL.

• Park manager cannot enter the home or enclosed accessory structures without prior written consent of the homeowner.

#63 Can the resident be forced to move their home out of the park when they sell it just because the home is old?

If the home is NOT a mobilehome (less than 8 feet wide x 40 feet long) and is therefore classified as a recreational vehicle (trailer), the resident has no right to sell it in place and will have to move it. With regard to mobilehomes, the MRL (Civil Code §798.73) establishes two standards. Basically, the home cannot be required to be removed upon a resale if it is 1) more than 17-20 years old or older but meets health, safety and construction standards of state law, and 2) not in substantially rundown condition or disrepair, as determined in the Reasonable discretion of management. If the management and resident disagree on the condition of the home, the resident may decide to hire a private home inspector to look at the home and repair any code violations or defects the inspector finds in his/her report. HCD inspectors no longer perform this function in most cases, although some local governments that perform mobilehome park inspections for the state may be willing to perform an inspection, for a fee.

Recap:

• RV and trailer owners may be forced to move their coach out of the park when they sell it.

• Mobilehomes are allowed to stay in the park after they are sold if they meet certain health and safety standards.

#63.1 I own a mobilehome park where there are many abandoned homes. Can I sell them without registering as a real estate agent?

Generally, the answer is “no”. First, in order to act as an agent between a seller or buyer of a used mobilehome or manufactured home, you either must be registered with HCD as a “manufactured home dealer” or with the Bureau of Real Estate as a licensed real estate agent. Acting as an unlicensed dealer or agent can result in criminal penalties, civil penalties, and citations of up to $2,000 for each illegal sales activity.

The only exception to this is if the prior residents/homeowners have “walked away” from the homes, a park owner may sell them if he/she first obtains the right to ownership through a court action for the judgment of abandonment (Civil Code Section 798.61) or after a warehouse lien sale (Civil Code Section 798.56a). After that, if the park owner intends to rent, sell or salvage the units, the park owner must go to HCD and transfer title to his or her name, which includes paying all property taxes or HCD fees that are owed. HCD also has special procedures for when the prior registered owner cannot be found or when there are unpaid or unsatisfied loans on the home. Only after registering as the new owner may the park owner (who is now the homeowner) rent, sell, or salvage the abandoned homes.

Recap:

• Only HCD-licensed dealers or BRE-licensed real estate agents may sell used manufactured homes in a park. Exception: When previous owner has “walked away”, park owner must follow legal procedures governing judgment of abandonment or warehouse lien sale.

• It is illegal for anyone to sell, rent, or salvage a manufactured home that is not registered in his or her name.

#64 Can the resident be forced to move their park-model out of the park after they sell it?

Even though it may look like a small home, a park model is not a mobilehome. It is a “park trailer,” as defined in the Health and Safety Code, which is essentially a type of recreational vehicle that has 400 square feet or less of floor space. A number of mobilehome parks in California accommodate both mobilehomes or manufactured homes, as well as recreational vehicles, but provisions of the MRL that require parks to allow homeowners to resell their homes in place in the park only apply if the home is a mobilehome or a manufactured home.

Recap:

• A park-model is not a mobilehome, therefore the resident may be forced to move a park-model out of the park when it is sold.

#65 Can the park's income requirements on prospective buyers prevent a resident from selling their home?

Yes. The sale of a mobilehome located in a mobilehome park is a three-party, not two-party transaction. The buyer and seller must not only agree to the terms of the sale of the home, but the buyer must be approved for residency in the park by the park owner/management. Management can withhold approval on the basis of: 1) the buyer's inability to pay the rent and charges of the park, and 2) the buyer's inability to comply with park rules and regulations as indicated by prior tenancies (see Civil Code §798.74). Although guidelines used by other landlords or public agencies for rental housing may be more lenient, many park owners impose higher income requirements to assure buyers will be able to afford future rent increases without causing the park problems, such as evictions.

Recap:

• A prospective buyer must be approved for residency by the park manager/owner.

• A prospective buyer can be rejected if they don't meet the income standards for the park.

#66 Can the park prevent a resident from living in a mobilehome they inherited?

Yes, unless the resident qualifies for residency and has signed a rental agreement. Upon death of a homeowner, heirs cannot simply assume they can move into the decedent's home or continue to live there if they are not already a party to the rental agreement. Despite the fact that an heir takes title to the mobilehome, the park management has the right to require an heir, or person who had been living with the resident, to newly apply for residency in the park. If the management rejects the heir's residency because the heir cannot comply with the rules or doesn't have the income to pay the rent and charges, the heir can be required to move out. The heir has the right to resell the inherited mobilehome in place in the park (Civ. 798.78(a)), assuming it meets health and safety code requirements (Civ. 798.78(b)), but must continue to pay the monthly space rent until the home is sold in order to maintain the right to sell it in place in the park. Otherwise, the park may terminate the tenancy and require the home to be moved from the park within 60 days of the notice of termination. (Civ. 798.73)

Recap:

• The heir of a mobilehome cannot assume he/she has residency rights if he/she has not been on the rental agreement.

• The heir has the right to sell the mobilehome in-place, as long as it meets health and safety requirements.

• The heir must continue to pay rent and fees as long as he/she owns the home in the park.

#67 How do I change or add a name on the title to my mobilehome?

ContactHCD The state Department of Housing and Community Development's Registration and Titling division at (800) 952-8356.

#68 I don't have the title to my mobilehome. Where can I get a copy?

Every mobilehome owner must have a copy of the current registration for their home. (Health and Safety Code - HSC §18080.4) Contact HCD The state Department of Housing and Community Development's Registration and Titling division at (800) 952-8356 for assistance, or search HCD.cd.gov">www.HCD.cd.gov

#69 Do residents have to provide a resale disclosure statement when they sell their mobilehome as-is?

As a measure of consumer protection, mobilehome resale disclosure (Civil Code §1102.6d) became effective in January 2000, making mobilehome sellers and their agents responsible for providing prospective buyers, by close of escrow, with a resale disclosure statement. The form requires the seller to check off a list of conditions or defects that may affect the value or condition of the home. The seller is not subject to a penalty or fine for failing to provide the disclosure to the buyer, and the fact that disclosure was not made does not invalidate the sale of the home. However, after purchasing the home, if the buyer discovers defects that were not disclosed by the seller, the fact that the disclosure statement was not provided could affect the outcome of the seller's civil liability in court for the defect. Real estate brokers and dealers are also subject to the disclosure requirements and sales agents almost always include the disclosure report. The state Dept. of Housing (HCD) is not required to notify selling homeowners.

Recap:

• Sellers are advised to provide a resale disclosure form, even on “as-is” sales, to avoid possible liability after the sale. (Civ. 1102.1(a))

#70 Can the manager force a resident to first offer their home for sale to the park?

It depends on the rental agreement. The MRL provides that a park rental agreement entered into on or after January 1, 2006, shall not include a provision or rule or regulation requiring homeowners to grant the park the right of first refusal to buy their homes on resale. (Civil Code §798.19.5) Hence, if the homeowner entered into a lease on or after January 1, 2006, or is on a month-to-month tenancy, the park could not enforce a right of first refusal to buy the home. However, homeowners may be subject to such a park right of first refusal if they signed a long-term lease with such a provision before January 1, 2006, and that lease has not yet expired. Additionally, the law does not prevent a homeowner and the park from entering into a separate agreement, apart from the lease, for the right of first refusal where the homeowner obtains consideration or compensation from the park for that right.

Recap:

• Check the rental or lease agreement for details on whether the park has the right of first refusal to buy the mobilehome.

#71 What are the rights of a resident whose new manufactured home has defects?

New mobilehome or manufactured home warranty complaints must be filed in writing with the dealer and manufacturer within the warranty period, by law, one year and ten days from the date of delivery or occupancy, whichever is earlier. This is necessary in order to preserve the purchaser's rights under the warranty should litigation or a state Department of Housing (HCD) investigation not commence until after the warranty has expired. Accessories that were purchased with the home as a package are normally covered by the warranty. An installation problem may complicate warranty complaints. If the home was installed by a licensed contractor as arranged by the dealer, both the dealer and contractor may be responsible. If the homeowner hired the installer independently from the dealer sale, there may be an issue of whether the problem with the home results from faulty installation, and thus is only the responsibility of the installer, or results from manufacturing defects. If the dealer or manufacturer does not satisfactorily respond within a Reasonable period of time after filing the complaint with them, the homeowner should contact HCD's Office of the Mobilehome Ombudsman (800-952-5275) about filing a dealer complaint. Complaints about licensed contractor installers should be addressed to the Contractors State Licensing Board (800-321-2752 or www.cslb.ca.gov).

Recap:

• A warranty is good for 1 year and 10 days after date of delivery or occupancy.

• If the home was installed by an independent contractor, then problems may occur with identifying who is liable for defects.

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