California-2015-SB419-Amended

BILL NUMBER: SB 419	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 6, 2015

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 amended, 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  the  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
 the  management, upon request, to provide a prospective
homeowner with the information  the  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   one  sign of  an L-frame or 
a generally accepted yard-arm type design and require  the 
management, upon request, to provide the information and standards
 the  management will use to review a prospective homeowner
to the prospective homeowner or seller in writing. The bill would
also  make technical changes and  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 seller or the agent of 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  one
 sign in the window of the mobilehome, or by  a
  one  sign posted on the side of the mobilehome
facing the street, or by  a   one  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   one  sign conforming
to these requirements indicating that the mobilehome is on display
for an "open 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   A sign  posted in front
of a mobilehome pursuant to this section may be of an H-frame
 or   ,  A-frame  , L-frame,  or
generally accepted yard-arm type design with the sign face
perpendicular to, but not extending into, the street. Sellers may
attach to the sign or their mobilehome tubes or holders for leaflets
 which   that  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 seller,
or the agent of 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 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 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, in writing, of the
information management will require and the standards that will be
utilized in 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.