Bill Text: CA AB481 | 2009-2010 | Regular Session | Introduced
Bill Title: Mobilehome parks: rent control: principal residence.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-02-02 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB481 Detail]
Download: California-2009-AB481-Introduced.html
BILL NUMBER: AB 481 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Ma
FEBRUARY 24, 2009
An act to amend Section 798.21 of the Civil Code, relating to
mobilehomes.
LEGISLATIVE COUNSEL'S DIGEST
AB 481, as introduced, Ma. Mobilehome parks: rent control:
principal residence.
Existing law, the Mobilehome Residency Law, generally regulates
the terms and conditions of tenancies in mobilehome parks.
Existing law requires, if a mobilehome space within a mobilehome
park is not the principal residence of the homeowner and the
homeowner has not rented the mobilehome to another party, that the
mobilehome space be exempt from rent control. Existing law requires
that, for the purposes of these provisions, a mobilehome be deemed to
be the principal residence of a homeowner, except in specified
circumstances. This exemption does not apply if the homeowner is
unable to rent or lease the mobilehome because the owner or
management of the mobilehome park, or the rental agreement, limits or
prohibits assignment or subletting.
This bill would, instead, apply the above exemption from rent
control to a mobilehome located on a space within a mobilehome park
that is not the homeowner's principal residence without regard to
whether the homeowner has rented the mobilehome to another party,
except as specified.
The bill would also expand and clarify the basis for determining
whether a mobilehome is the homeowner's principal residence and would
set forth factors that would constitute sufficient evidence that a
mobilehome is not the homeowner's principal residence.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 798.21 of the Civil Code is amended to read:
798.21. (a) Notwithstanding Section 798.17, if a mobilehome space
within a mobilehome park is not the principal residence of the
homeowner and the homeowner has not rented the mobilehome to
another party , it shall be exempt from any ordinance,
rule, regulation, or initiative measure adopted by any city, county,
or city and county, which that
establishes a maximum amount that the landlord may charge a tenant
for rent.
(b) Nothing in this section is intended to require any homeowner
to disclose information concerning his or her personal finances.
Nothing in this section shall be construed to authorize management to
gain access to any records which would otherwise be confidential or
privileged.
(c) For purposes of this section, a mobilehome shall be deemed to
be the principal residence of the homeowner, unless a review
of state or county records demonstrates that the homeowner is
receiving a homeowner's exemption for another property or mobilehome
in this state, or unless a review of public records reasonably
demonstrates that the principal residence of the homeowner is out of
state except as provided in subdivision (e) .
(d) Before modifying the rent or other terms of tenancy as a
result of a review of records, as described in subdivision
(c) evidence that a mobilehome is not the principal
residence of a homeowner , the management shall notify the
homeowner, in writing, of the proposed changes and provide the
homeowner with a copy of the documents upon which management relied.
(e) Evidence that a mobilehome is a homeowner's principal
residence does not require that the homeowner be physically present
in the mobilehome at all times or continuously but that it is the
homeowner's usual place of return. Evidence that the mobilehome is
not the homeowner's principal residence includes, but is not limited
to, the following factors. These factors shall be weighed in light of
the totality of the circumstances, including, but not limited to,
the following elements:
(1) The homeowner does not carry on basic living activities at the
unit for extended periods of time demonstrated by a lack of utility
usage.
(2) Another property or unit is listed as the homeowner's place of
residence on any motor vehicle registration, driver's license, voter
registration, or with any other public agency, including federal,
state, and local taxing authorities.
(3) Utilities for the mobilehome are billed and mailed to a
different residential property.
(4) The homeowner's personal possessions are not located in the
mobilehome.
(5) A homeowner's tax exemption or renter's credit for the
homeowner has been filed for a different property or the homeowner is
owner of record of a different residential property.
(6) The homeowner is a corporation or is otherwise not a natural
person.
(7) The homeowner is absent from the unit for extended periods of
time, other than for military service, hospitalization, vacation,
family or friend emergency or care, Peace Corps service, academic
sabbatical, or other reasonable temporary or seasonal periods of
absence, such as travel necessitated by employment or education.
(8) The mobilehome is used primarily for storage, entertaining, or
as an office.
(9) The mobilehome has been subleased, except for a medical
hardship, as described in Section 798.23.5, or possession has been
transferred without management's approval, as provided in Section
798.74.
(10) The principal residence of the homeowner is out of state.
(e)
(f) The homeowner shall have 90 days from the date the
notice described in subdivision (d) is mailed to review and respond
to the notice. Management may not modify the rent or other terms of
tenancy prior to the expiration of the 90-day period or prior to
responding, in writing, to information provided by the homeowner.
Management may not modify the rent or other terms of tenancy if the
homeowner provides documentation reasonably establishing that the
information provided by management is incorrect or that the homeowner
is not the same person identified in the documents. However, nothing
in this subdivision shall be construed to authorize the homeowner to
change the homeowner's exemption status , if applicable,
of the other property or mobilehome owned by the homeowner.
(f)
(g) This section does not apply under any of the
following conditions:
(1) The homeowner is unable to rent or lease the
mobilehome because the owner or management of the mobilehome park in
which the mobilehome is located does not permit, or the rental
agreement limits or prohibits, the assignment of the mobilehome or
the subletting of the park space mobilehome is the
homeowner's principal residence and the space is subleased pursuant
to Section 798.23.5 .
(2) The mobilehome is being actively held available for sale by
the homeowner, or pursuant to a listing agreement with a real estate
broker licensed pursuant to Chapter 3 (commencing with Section 10130)
of Part 1 of Division 4 of the Business and Professions Code, or a
mobilehome dealer, as defined in Section 18002.6 of the Health and
Safety Code. A homeowner, real estate broker, or mobilehome dealer
attempting to sell a mobilehome shall actively market and advertise
the mobilehome for sale in good faith to bona fide purchasers for
value in order to remain exempt pursuant to this subdivision.
(3) The legal owner has taken possession or ownership, or both, of
the mobilehome from a registered owner through either a surrender of
ownership interest by the registered owner or a foreclosure
proceeding.
