Bill Text: CA SB419 | 2015-2016 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Mobilehomes: homeowners: sale.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2015-09-09 - Chaptered by Secretary of State. Chapter 288, Statutes of 2015. [SB419 Detail]

Download: California-2015-SB419-Introduced.html

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BILL NUMBER: SB 419	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator McGuire

                        FEBRUARY 25, 2015

   An act to amend Sections 798.70, 798.71, and 798.74 of, and to add
Section 798.70.5 to, the Civil Code, relating to mobilehomes.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 419, as introduced, McGuire. Mobilehomes: homeowners: sale.
   The Mobilehome Residency Law governs tenancies in mobilehome
parks. The law, among other things, sets forth certain rights and
requirements for management and selling homeowners in connection with
the sale of a mobilehome, including, but not limited to, authorizing
sellers to display signs advertising the sale unless prohibited by
park rules, requiring the signs to contain specified information and
be of an H-frame or A-frame design, and requiring management, upon
request, to provide a prospective homeowner with the information
management will use to determine if the person will be acceptable as
a homeowner in the park.
   This bill would additionally authorize a seller to display a sign
of a generally accepted yard-arm type design and require management,
upon request, to provide the information and standards management
will use to review a prospective homeowner to the prospective
homeowner or seller in writing. The bill would also revise references
to a homeowner or other person selling a mobilehome to instead refer
to a "seller," as defined.
   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 798.70 of the Civil Code is amended to read:
   798.70.  A  homeowner, an heir, joint tenant, or personal
representative of the estate who gains ownership of a mobilehome in
the mobilehome park through the death of the owner of the mobilehome
who was a homeowner at the time of his or her death,  
seller  or the agent of  any such person,  
a seller  may advertise the sale or exchange of his or her
mobilehome, or, if not prohibited by the terms of an agreement with
the management, may advertise the rental of his or her mobilehome, by
displaying a sign in the window of the mobilehome, or by a sign
posted on the side of the mobilehome facing the street, or by a sign
in front of the mobilehome facing the street, stating that the
mobilehome is for sale or exchange or, if not prohibited, for rent by
the owner of the mobilehome or his or her agent. Any such person
also may display a sign conforming to these requirements indicating
that the mobilehome is on display for an "open  house,"
unless the park rules prohibit the display of an open house sign.
  house.   "  The sign shall state the
name, address, and telephone number of the owner of the mobilehome or
his or her agent and the sign face shall not exceed 24 inches in
width and 36 inches in height. Signs posted in front of a mobilehome
pursuant to this section may be of an H-frame or A-frame  or
generally accepted yard-arm type  design with the sign face
perpendicular to, but not extending into, the street. 
Homeowners   Sellers  may attach to the sign or
their mobilehome tubes or holders for leaflets which provide
information on the mobilehome for sale, exchange, or rent.
  SEC. 2.  Section 798.70.5 is added to the Civil Code, to read:
   798.70.5.  For purposes of this article, "seller" means a
homeowner, an heir, joint tenant, or personal representative of the
estate who gains ownership of a manufactured home or mobilehome in
the mobilehome park through the death of the owner of the
manufactured home or mobilehome who was a homeowner at the time of
his or her death.
  SEC. 3.  Section 798.71 of the Civil Code is amended to read:
   798.71.  (a) (1) The management may not show or list for sale a
manufactured home or mobilehome without first obtaining the owner's
written authorization. The authorization shall specify the terms and
conditions regarding the showing or listing.
   (2) Management may require that a homeowner advise management in
writing that his or her manufactured home or mobilehome is for sale.
If management requires that a homeowner advise management in writing
that his or her manufactured home or mobilehome is for sale, failure
to comply with this requirement does not invalidate a transfer.
   (b) The management shall prohibit neither the listing nor the sale
of a manufactured home or mobilehome within the park by the 
homeowner, an heir, joint tenant, or personal representative of the
estate who gains ownership of a manufactured home or mobilehome in
the mobilehome park through the death of the owner of the
manufactured home or mobilehome who was a homeowner at the time of
his or her death,   seller,  or the agent of
 any such person   the seller  other than
the management.  For purposes of this section, "listing" includes
advertising the address of the home to the general public. 
   (c) The management shall not require the  selling
homeowner, or an heir, joint tenant, or personal representative of
the estate who gains ownership of a manufactured home or mobilehome
in the mobilehome park through the death of the owner of the
manufactured home or mobilehome who was a homeowner at the time of
his or her death,   seller  to authorize the
management or any other specified broker, dealer, or person to act as
the agent in the sale of a manufactured home or mobilehome as a
condition of resale of the home in the park or of management's
approval of the buyer or prospective homeowner for residency in the
park.
   (d) The management shall not require a homeowner, who is replacing
a mobilehome or manufactured home on a space in the park, in which
he or she resides, to use a specific broker, dealer, or other person
as an agent in the purchase of or installation of the replacement
home.
   (e) Nothing in this section shall be construed as affecting the
provisions of the Health and Safety Code governing the licensing of
manufactured home or mobilehome salespersons or dealers.
  SEC. 4.  Section 798.74 of the Civil Code is amended to read:
   798.74.  (a) The management may require the right of prior
approval of a purchaser of a mobilehome that will remain in the park
and that the  selling homeowner or his or her  
seller or seller's  agent give notice of the sale to the
management before the close of the sale. Approval cannot be withheld
if the purchaser has the financial ability to pay the rent and
charges of the park unless the management reasonably determines that,
based on the purchaser's prior tenancies, he or she will not comply
with the rules and regulations of the park. In determining whether
the purchaser has the financial ability to pay the rent and charges
of the park, the management shall not require the purchaser to submit
copies of any personal income tax returns in order to obtain
approval for residency in the park. However, management may require
the purchaser to document the amount and source of his or her gross
monthly income or means of financial support.
   Upon request of  any seller or  any prospective homeowner
who proposes to purchase a mobilehome that will remain in the park,
management shall inform that  person   person,
in writing,  of the information management will require  and
the standards that will be utilized  in  order to
determine   determining  if the person will be
acceptable as a homeowner in the park.
   Within 15 business days of receiving all of the information
requested from the prospective homeowner, the management shall notify
the seller and the prospective homeowner, in writing, of either
acceptance or rejection of the application, and the reason if
rejected. During this 15-day period the prospective homeowner shall
comply with the management's request, if any, for a personal
interview. If the approval of a prospective homeowner is withheld for
any reason other than those stated in this article, the management
or owner may be held liable for all damages proximately resulting
therefrom.
   (b) If the management collects a fee or charge from a prospective
purchaser of a mobilehome in order to obtain a financial report or
credit rating, the full amount of the fee or charge shall be credited
toward payment of the first month's rent for that mobilehome
purchaser. If, for whatever reason, the prospective purchaser is
rejected by the management, the management shall refund to the
prospective purchaser the full amount of that fee or charge within 30
days from the date of rejection. If the prospective purchaser is
approved by the management, but, for whatever reason, the prospective
purchaser elects not to purchase the mobilehome, the management may
retain the fee, or a portion thereof, to defray its administrative
costs under this section.