2009
Mobilehome
Residency Law
Recreational VehiclePark Occupancy Law
Other Selected Laws Governing
CaliforniaPark Residency
Compliments of
Senator Lou Correa, Chair
Senate Select Committee on
Manufactured Homes and Communities
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2009CALIFORNIA MOBILEHOME RESIDENCY LAWINTRODUCTION
Most of the provisions of the 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 Sections.
Violations of 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. The State Department of Housing & Community Development (HCD) does not have authority to enforce these Civil Code provisions. For example, a park owner, not the state, 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 homeowner in a park, not the state, must sue the park 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 booklet beginning on Page 53. These include the Recreational Vehicle Park Occupancy Law, first enacted in 1979, governing tenancies in RV parks. Violations, like those in the Residency Law, are enforceable through legal action in the courts. Now divided into seven Articles, the RV Park Occupancy Law was substantially revised in 1992.
Also enclosed are relevant laws on mobilehome resale disclosure, an Election Code Section relating to mobilehome polling places, and a provision of the Vehicle Code relating to traffic enforcement in mobilehome parks.
Note: For 2009, there are changes to sixMRL sections, some of them minor. The old text for sections amended and repealed is lined out. Newly added or amended sections are in bold, italicized print.
2009CALIFORNIA MOBILEHOME RESIDENCY LAWTABLE OF SECTIONS
PAGE
ARTICLE 1 - GENERAL
Civil Code Sec. 798Title and Application 1
Civil Code Sec. 798.1Application of Definitions 1
Civil Code Sec. 798.2Definition of Management 1
Civil Code Sec. 798.3Definition of Mobilehome 1
Civil Code Sec. 798.4Definition of Mobilehome Park 2
Civil Code Sec. 798.6Definition ofPark 2
Civil Code Sec. 798.7Definition of New Construction 2
Civil Code Sec. 798.8Definition of Rental Agreement 2
Civil Code Sec. 798.9Definition of Homeowner 2
Civil Code Sec. 798.10Definition of Change of Use 3
Civil Code Sec. 798.11Definition of Resident 3
Civil Code Sec. 798.12Definition of Tenancy 3
Civil Code Sec. 798.13State Owned Parks- Employees 3
Civil Code Sec. 798.14Delivery of Notice 3
ARTICLE 2 - RENTAL AGREEMENT
Civil Code Sec. 798.15In-Writing and Required Contents 4
Civil Code Sec. 798.16Inclusion of Other Provisions 4
Civil Code Sec. 798.17Rental Agreements Exempt from Rent Control 5
Civil Code Sec. 798.18Length of Agreement; Comparable Monthly Terms 6
Civil Code Sec. 798.19No Waiver of Chapter 2.5 Rights 6
Civil Code Sec. 798.19.5Park Owner Right of First Refusal 7
Civil Code Sec. 798.20No Private Club Discrimination 7
Civil Code Sec. 798.21Not Principal Residence -Rent Control Exempt 7
Civil Code Sec. 798.22Recreational Vehicles in Parks 8
ARTICLE 3 - RULES AND REGULATIONS
Civil Code Sec. 798.23Application to Park Owners and Employees 9
Civil Code Sec. 798.23.5Subleasing 9
Civil Code Sec. 798.24Posting of Common Area Facility Hours10
Civil Code Sec. 798.25Amendments to Rules andRegulations - Notice10
Civil Code Sec. 798.25.5Void Rules11
*Civil Code Sec. 798.26Management Entry into Mobilehomes11
Civil Code Sec. 798.27Notice of Zoning or Use Permit12
Civil Code Sec. 798.28Disclosure of Park Owner’s Name12
Civil Code Sec. 798.28.5Vehicle Removal12
Civil Code Sec. 798.29Notice of Mobilehome Ombudsman13
Civil Code Sec. 798.29.5Notice of Utility Interruption13
*Civil Code Sec. 798.29.6Homeowner’s Disabled Accommodations13
ARTICLE 4 - FEES AND CHARGES
Civil Code Sec. 798.30Notice of Rent Increase14
Civil Code Sec. 798.31Authorized Fees Charged14
Civil Code Sec. 798.32Unlisted Services Without Notice - No Fees14
Civil Code Sec. 798.33Pet Fees14
*Civil Code Sec. 798.34Guest Fees15
Civil Code Sec. 798.35Members of Immediate Family - No Fees15
Civil Code Sec. 798.36Enforcement of Park Rules16
Civil Code Sec. 798.37Entry, Hookup, Landscaping and Maintenance Charges17
Civil Code Sec. 798.37.5Trees and Driveways17
Civil Code Sec. 798.38Utility Service Billing; Rate Schedule18
Civil Code Sec. 798.39Security Deposits18
Civil Code Sec. 798.40No Lien/Security Interest Except by Mutual Agreement19
Civil Code Sec. 798.41Utilities Separately Billed - Reduced from Rent20
Civil Code Sec. 798.42Fines & Forfeitures Not Chargeable20
Civil Code Sec. 798.43Disclosure of Common Area UtilityCharges21
Civil Code Sec. 798.43.1California Alternate Rates for Energy Program (CARE)21
Civil Code Sec. 798.44Liquefied Petroleum Gas Sales22
ARTICLE 4.5 - RENT CONTROL
Civil Code Sec. 798.45New Construction Exempt22
Civil Code Sec. 798.49Government Fees & Assessments ThatAre Exempt22
ARTICLE 5 - HOMEOWNER COMMUNICATIONS AND MEETINGS
Civil Code Sec. 798.50Legislative Intent23
Civil Code Sec. 798.51Right to Assembly, Meet, Canvass, Petition and
Invite Speakers24
Civil Code Sec. 798.52Injunctive Action to Enforce Rights25
ARTICLE 5.5 - HOMEOWNERS MEETINGS WITH MANAGEMENT
Civil Code Sec. 798.53Management Meetings with Residents25
ARTICLE 6 - TERMINATION OF TENANCY
Civil Code Sec. 798.55Legislative Intent; Termination for Cause; 60-Day Notice25
Civil Code Sec. 798.56Seven Authorized Reasons for Termination of Tenancy26
Civil Code Sec. 798.56aNotice Requirement of Legal Owner/Junior Lienholder29
Civil Code Sec. 798.57Statements of Reasons in Notice31
Civil Code Sec. 798.58No Termination to MakeSpace for Park Owner’s Buyer31
Civil Code Sec. 798.5960-Day Notice by Resident of Termination31
Civil Code Sec. 798.60Application of Other Unlawful Detainer Laws31
Civil Code Sec. 798.61AbandonedMobilehomes - Procedures32
ARTICLE 7 - TRANSFER OF MOBILEHOME OR MOBILEHOMEPARK
Civil Code Sec. 798.70“For Sale” Signs33
Civil Code Sec. 798.71Management Showing or Listing - Prohibitions34
Civil Code Sec. 798.72No Transfer or Selling Fee35
*Civil Code Sec. 798.73Removal of Mobilehome Upon Third Party Sale35
Civil Code Sec. 798.73.5Home Upgrades on Resale36
Civil Code Sec. 798.74Management Approval of Buyer; Credit Rating Refund37
Civil Code Sec. 798.74.4Mobilehome Resale Disclosure to New Buyer37
Civil Code Sec. 798.74.5Rent Disclosure to Prospective Homeowners38
Civil Code Sec. 798.75Rental Agreement Required for Park Occupancy39
Civil Code Sec. 798.75.5Mobilehome Park Disclosure Form40
Civil Code Sec. 798.76SeniorOnly Restrictions42
Civil Code Sec. 798.77No Waiver of Rights42
Civil Code Sec. 798.78Rights of Heir or Joint Tenant of Owner42
Civil Code Sec. 798.79Repossession ofMobilehome; Sale to Third Party43
Civil Code Sec. 798.80Sale of Park - Notice by Management43
Civil Code Sec. 798.81Listing or Sales - Prohibitions45
Civil Code Sec. 798.82School Impact Fee Disclosure45
Civil Code Sec. 798.83Homeowner Repair of the Space45
ARTICLE 8 - ACTIONS, PROCEEDINGS, AND PENALTIES
Civil Code Sec. 798.84Notice of Lawsuit for Failure to Maintain45
Civil Code Sec. 798.85Attorney’s Fees and Costs46
Civil Code Sec. 798.86Management Penalty for Willful Violation46
Civil Code Sec. 798.87Public Nuisances and Abatement46
Civil Code Sec. 798.88Injunction for Violation of Park Rules47
ARTICLE 9 - SUBDIVISIONS, COOPERATIVES, CONDOMINIUMS AND
RESIDENT-OWNED PARKS
Civil Code Sec. 799Definitions48
Civil Code Sec. 799.1Rights Governed48
Civil Code Sec. 799.1.5Advertising Sale of Home; “For Sale” Signs48
Civil Code Sec. 799.2Listing or Showing of Home by Park Management49
Civil Code Sec. 799.2.5Management Entry into Home49
Civil Code Sec. 799.3Removalof Mobilehome upon Third Party Sale50
Civil Code Sec. 799.4Withholding Prior Approval of Purchaser50
Civil Code Sec. 799.5Senior OnlyRestrictions50
Civil Code Sec. 799.6No Waiverof Rights50
Civil Code Sec. 799.7Notice of Utility Interruption50
Civil Code Sec. 799.8School Impact FeeDisclosure51
*Civil Code Sec. 799.9Caregivers51
Civil Code Sec. 799.10Political Campaign Signs52
*Civil Code Sec. 799.11Homeowners’Disabled Accommodations52
OTHER SELECTED PROVISIONS OF LAW RELATING TO MOBILEHOMESMANUFACTURED HOME & MOBILEHOME RESALE DISCLOSURE
Civil Code Sec. 1102Disclosure on Mobilehome Resales54
Civil Code Sec. 1102.1Disclosure Clarification54
Civil Code Sec. 1102.2When Disclosure not Applicable55
Civil Code Sec. 1102.3aMobilehome Sales Subject to Disclosure56
Civil Code Sec. 1102.6dMobilehome Transfer Disclosure Form57
Civil Code Sec. 1102.6eNotice of Transfer Fee62
Civil Code Sec. 1102.9Disclosure Amendments62
DISCLOSURE OF NATURAL HAZARDS UPON SALE
Civil Code Sec. 1103Application of Disclosure63
Civil Code Sec. 1103.1Exclusions65
Civil Code Sec. 1103.2Disclosure Form65
Civil Code Sec. 1103.3Delivery to Buyer69
Civil Code Sec. 1103.4Liability for Errors69
Civil Code Sec. 1103.5Relief from Duty to Disclose70
Civil Code Sec. 1103.7Good Faith71
Civil Code Sec. 1103.8Other Disclosures71
Civil Code Sec. 1103.9Amendments to Disclosure71
Civil Code Sec. 1103.10Personal Delivery or by Mail71
Civil Code Sec. 1103.11Those Who are not Agents71
Civil Code Sec. 1103.12Agent’s Responsibilities72
Civil Code Sec. 1103.13No Transaction Invalidated72
Civil Code Sec. 1103.14Listing Agent Defined72
AGENTS’ MOBILEHOME RESALE DISCLOSURE
Health & Safety Code Sec. 18025Agents Subject to Sec. 1804672
Health & Safety Code Sec. 18046Agent’s Duty of Disclosure73
CALIFORNIA ELECTIONS
Elections Code Sec. 12285Mobilehome Polling Place74
VEHICLE CODE
Vehicle Code Sec. 21107.9Speed Enforcement Agreements74
RECREATIONAL VEHICLEPARK OCCUPANCY LAW
ARTICLE 1 – DEFINITIONS
Civil Code Sec 799.20Title of Chapter76
Civil Code Sec 799.21Application of Definitions76
Civil Code Sec 799.22Definition of Defaulting Occupant76
Civil Code Sec 799.23Definition of Defaulting Resident76
Civil Code Sec 799.24Definition of Defaulting Tenant77
Civil Code Sec 799.25Definition of Guest77
Civil Code Sec 799.26Definition of Management77
Civil Code Sec 799.27Definition of Occupancy77
Civil Code Sec 799.28Definitionof Occupant77
Civil Code Sec 799.29Definition of RV77
Civil Code Sec 799.30Definition of RV Park78
Civil Code Sec 799.31Definition of Resident78
Civil Code Sec 799.32Definition of Tenant78
ARTICLE 2 - GENERAL PROVISIONS
Civil Code Sec 799.40Cumulative Rights78
Civil Code Sec 799.41Not Applicable to Mobilehomes78
Civil Code Sec 799.42No Waiver ofRights78
Civil Code Sec 799.43Registration Agreement79
Civil Code Sec 799.44Rulesand Regulations79
Civil Code Sec 799.45Rental Agreement Optional79
Civil Code Sec 799.46Sign Requirement/Reasons for RV Removal79
ARTICLE 3 - DEFAULTING OCCUPANTS
Civil Code Sec 799.5572-Hour Notice80
Civil Code Sec 799.5672-Hour Notice to DefaultingOccupant80
Civil Code Sec 799.57Notice of RV Removal80
Civil Code Sec 799.58RV Removal/Notice toSheriff81
Civil Code Sec 799.59Reasonable Care in RV Removal81
ARTICLE 4 - DEFAULTING TENANTS
Civil Code Sec 799.65Five Days to Pay Due Rent/Three-Day Notice to Vacate81
Civil Code Sec 799.66Thirty Days’ Notice of Termination81
Civil Code Sec 799.67Eviction Procedures82
ARTICLE 5 - DEFAULTING RESIDENTS
Civil Code Sec. 799.70Termination of Tenancy/Notice82
Civil Code Sec. 799.71Eviction Procedures83
ARTICLE 6 - LIENS FOR RV’S & ABANDONED POSSESSIONS
Civil Code Sec. 799.75Upon Default/CivilCode Procedure83
ARTICLE 7 - ACTIONS AND PROCEEDINGS
Civil Code Sec. 799.78Attorney’s Fees and Costs83
Civil Code Sec. 799.79$500 Damages/Willful Violations by Management84
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* Indicates newly amended or added section
2009 MOBILEHOME RESIDENCY LAWCHAPTER 2.5 OF THE CALIFORNIA CIVIL CODE
ARTICLE 1 - GENERAL
798TITLE AND APPLICATION
This Chapter shall be known and may be cited as the “Mobilehome Residency Law.”
(Amended by SB 1655, Ch. 958 (1992), eff. 9/28/92)
798.1APPLICATION OF DEFINITIONS
Unless the provisions or context otherwise requires, the following definitions shall govern the construction of this chapter.
(Enacted by Ch. 1031 (1978), eff. 1/1/79)
798.2DEFINITION OF MANAGEMENT
“Management” means the owner of a mobilehome park or an agent or representative authorized to act on his behalf in connection with matters relating to a tenancy in the park.
(Enacted by Ch. 1031 (1978), eff. 1/1/79)
798.3DEFINITION OF MOBILEHOME
(a)“Mobilehome” is a structure designed for human habitation and for being moved on a
street or highway under permit pursuant to Section 35790 of the Vehicle Code. Mobilehome includes a manufactured home, as defined in Section 18007 of the Health and Safety Code, and a mobilehome, as defined in Section 18008 of the Health and Safety Code, but, except as provided in subdivision (b), does not include a recreational vehicle, as defined in Section 799.29 of this code and Section 18010 of the Health and Safety Code or a commercial coach as defined in Section 18001.8 of the Health and Safety Code.
(b)“Mobilehome,” for purposes of this chapter, other than Section 798.73, also includes
trailers and other recreational vehicles of all types defined in Section 18010 of the Health and Safety Code, other than motor homes, truck campers, and camping trailers, which are used for human habitation if the occupancy criteria of either paragraph (1) or (2), as follows, are met:
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2009CALIFORNIA MOBILEHOME RESIDENCY LAW
(1)The trailer or other recreational vehicle occupies a mobilehome site in the park, on
November 15, 1992, under a rental agreement with a term of one month or longer, and the trailer or other recreational vehicle occupied a mobilehome site in the park prior to January 1, 1991.
(2)The trailer or other recreational vehicle occupies a mobilehome site in the park for nine
or more continuous months commencing on or after November 15, 1992.
“Mobilehome” does not include a trailer or other recreational vehicle located in a
recreational vehicle park subject to Chapter 2.6 (commencing with Section 799.20).
(Amended by SB 253 (Torlakson), Ch. 595 (2005), eff. 1/1/06)
798.4DEFINITION OF MOBILEHOMEPARK
“Mobilehome park” is an area of land where two or more mobilehome sites are rented, or held out for rent, to accommodate mobilehomes used for human habitation.
(Enacted by Ch. 1031 (1978), eff. 1/1/79)
798.6DEFINITION OF PARK
“Park” is a manufactured housing community as defined in Section 18210.7 of the Health & Safety Code, or a mobilehome park.
(Amended by AB 382 (Saldana), Ch.596, Stat. 2007, eff. 1/1/08)
798.7DEFINITION OF NEW CONSTRUCTION
“New Construction” means any newly constructed spaces initially held out for rent after January 1, 1990.
(Enacted by Ch. 412 (1989), eff. 1/1/90)
798.8DEFINITION OF RENTAL AGREEMENT
“Rental agreement” is an agreement between the management and the homeowner establishing the terms and conditions of a park tenancy. A lease is a rental agreement.
(Amended by Ch. 1397 (1982), eff. 1/1/83)
798.9DEFINITION OF HOMEOWNER
“Homeowner” is a person who has a tenancy in a mobilehome park under a rental agreement.
(Amended by Ch. 1397 (1982), eff. 1/1/83)
798.10DEFINITION OF CHANGE OF USE
“Change of use” means a use of the park for a purpose other than the rental, or the holding out for rent, of two or more mobilehome sites to accommodate mobilehomes used for human habitation, and does not mean the adoption, amendment, or repeal of a park rule or regulation. A change of use may affect an entire park or any portion thereof. “Change of use” includes, but is not limited to, a change of the park or any portion thereof to a condominium, stock cooperative, planned unit development, or any form of ownership wherein spaces within the park are to be sold.
(Amended & renumbered by Ch. 714 (1981), eff. 1/1/82)
798.11DEFINITION OF RESIDENT
“Resident” is a homeowner or other person who lawfully occupies a mobilehome.
(Amended by Ch. 1397 (1982), eff. 1/1/83)
798.12DEFINITION OF TENANCY
“Tenancy” is the right of a homeowner to the use of a site within a mobilehome park on which to locate, maintain, and occupy a mobilehome, site improvements, and accessory structures for human habitation, including the use of the services and facilities of the park.
(Amended by Ch. 1397 (1982), eff. 1/1/83)
798.13STATE OWNED PARKS - EMPLOYEES
(a)This chapter does not apply to any area owned, operated, or maintained by the state for the purpose of providing employee housing or space for a mobilehome owned or occupied by an employee of the state.
(b)Notwithstanding subdivision (a), a state employer shall provide the occupant of a privately owned mobilehome that is situated in an employee housing area owned, operated, or maintained by the state, and that is occupied by a state employee by agreement with his or her state employer and subject to the terms and conditions of that state employment, with a minimum of 60-days’ notice prior to terminating the tenancy for any reason.
(Added by AB 2008, (Assembly Housing Committee), Ch. 471, Statutes of 2000, eff. 1/1/01)
798.14DELIVERY OF NOTICE
Unless otherwise provided, all notices required by this chapter shall be either delivered personally to the homeowner or deposited in the United States mail, postage prepaid, addressed to the homeowner at his or her site within the mobilehome park.
(Enacted by Ch. 301 (1988), eff. 1/1/89)
ARTICLE 2 - RENTAL AGREEMENT
798.15IN-WRITING AND REQUIRED CONTENTS
The rental agreement shall be in writing and shall contain, in addition to the provisions otherwise required by law to be included, all of the following:
(a)The term of the tenancy and the rent therefor.
(b)The rules and regulations of the park.
(c)A copy of the text of this chapter shall be attached as an exhibit and shall be incorporated
into the rental agreement by reference. Management shall provide all homeowners with a copy of this chapter prior to February 1 of each year, if a significant change was made in the chapter by legislation enacted in the prior year.
(d)A provision specifying that (1) it is the responsibility of the management to provide and
maintain physical improvements in the common facilities in good working order and condition, and (2) with respect to a sudden or unforeseeable breakdown or deterioration of these improvements, the management shall have a reasonable period of time to repair the sudden or unforeseeable breakdown or deterioration and bring the improvements into good working order and condition after management knows or should have known of the breakdown or deterioration. For purposes of this subdivision, a reasonable period of time to repair a sudden or unforeseeable breakdown or deterioration shall be as soon as possible in situations affecting a health or safety condition, and shall not exceed 30 days in any other case except where exigent circumstances justify a delay.
(e)A description of the physical improvements to be provided the homeowner during his or
her tenancy.
(f)A provision listing those services which will be provided at the time the rental agreement is
executed and will continue to be offered for the term of tenancy and the fees, if any, to be charged for those services.
(g)A provision stating that management may charge a reasonable fee for services relating to
the maintenance of the land and premises upon which a mobilehome is situated in the event the homeowner fails to maintain the land or premises in accordance with the rules and regulations of the park after written notification to the homeowner and the failure of the homeowner to comply within 14 days. The written notice shall state the specific condition to be corrected and an estimate of the charges to be imposed by management if the services are performed by management or its agent.
(h)All other provisions governing the tenancy.
(Amended by AB 503, Ch. 666 (1993), eff. 1/1/94)
798.16INCLUSION OF OTHER PROVISIONS
(a)The rental agreement may include other provisions permitted by law, but need not include specific language contained in state or local laws not a part of this chapter.
(b)Management shall return an executed copy of the rental agreement to the homeowner
within 15 business days after management has received the rental agreement signed by the homeowner.
(Amended by AB 2351 (Corbett), Chapter 302, Statues of 2004, eff. 1/1/05)
798.17RENTAL AGREEMENTS EXEMPT FROM RENT CONTROL
(a)(1)Rental agreements meeting the criteria of subdivision (b) shall be exempt from any
ordinance, rule, regulation, or initiative measure adopted by any local governmental entity which establishes a maximum amount that a landlord may charge a tenant for rent. The terms of a rental agreement meeting the criteria of subdivision (b) shall prevail over conflicting provisions of an ordinance, rule, regulation, or initiative measure limiting or restricting rents in mobilehome parks, only during the term of the rental agreement or one or more uninterrupted, continuous extensions thereof. If the rental agreement is not extended and no new rental agreement in excess of 12 months’ duration is entered into, then the last rental rate charged for the space under the previous rental agreement shall be the base rent for purposes of applicable provisions of law concerning rent regulation, if any.
(2)In the first sentence of the first paragraph of a rental agreement entered into on or