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SB-360 Mobilehome parks: rental agreements.(1991-1992)

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SB360:v96#DOCUMENT

Senate Bill No. 360
CHAPTER 170

An act to amend Section 798.17 of the Civil Code, relating to mobilehome parks.

[ Filed with Secretary of State  July 23, 1991. Approved by Governor  July 22, 1991. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 360, Leroy Greene. Mobilehome parks: rental agreements.
Under existing law, a mobilehome park space rental agreement meeting specified criteria is exempt from local rent controls.
This bill would require the management of a mobilehome park, at the time such a rental agreement is first offered to a homeowner, to provide written notice of the homeowner’s right to inspect and void the rental agreement, as specified; would specify that the failure to provide such notice makes the rental agreement voidable, as specified; and would require a homeowner to acknowledge receipt of such notice in writing.

The people of the State of California do enact as follows:


SECTION 1.

 Section 798.17 of the Civil Code, as amended by Chapter 24 of the Statutes of 1991, is amended to read:

798.17.
 (a)  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 such a rental agreement shall prevail over conflicting provisions of such 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.
The first paragraph of a rental agreement entered into pursuant to this section shall contain a provision notifying the homeowner that the rental agreement will 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.
(b)  Rental agreements subject to this section shall meet all of the following criteria:
(1)  The rental agreement shall be in excess of 12 months’ duration.
(2)  The rental agreement shall be entered into between the management and a homeowner for the personal and actual residence of the homeowner.
(3)  The homeowner shall have at least 30 days from the date the rental agreement is first offered to the homeowner to accept or reject the rental agreement.
(4)  The homeowner who executes a rental agreement offered pursuant to this section may void the rental agreement by notifying management in writing within 72 hours of the homeowner’s execution of the rental agreement.
(c)  The homeowner shall have the option to reject the offered rental agreement and instead accept a rental agreement for a term of 12 months or less from the date the offered rental agreement begins. In the event the homeowner elects to have a rental agreement for a term of 12 months or less, including a month-to-month rental agreement, the rental agreement shall contain the same “rental charges” terms and conditions as the offered rental agreement during the first 12 months, except for options contained in the offered rental agreement to extend or renew the rental agreement.
(d)  Nothing in subdivision (c) shall be construed to prohibit management from offering gifts of value, other than rental rate reductions, to homeowners who execute a rental agreement pursuant to this section.
(e)  With respect to any space in a mobilehome park which is exempt under subdivision (a) from any ordinance, rule, regulation, or initiative measure adopted by any local governmental entity that establishes a maximum amount that a landlord may charge a tenant for rent, the mobilehome park shall be exempt from any fee or other exaction imposed pursuant to such an ordinance, rule, regulation, or initiative measure or imposed for the purpose of defraying the cost of administration thereof.
(f)  At the time the rental agreement is first offered to the homeowner, the management shall provide written notice to the homeowner of the homeowner’s right (1) to have at least 30 days to inspect the rental agreement, and (2) to void the rental agreement by notifying management in writing within 72 hours of the acceptance of a rental agreement. The failure of the management to provide the written notice shall make the rental agreement voidable at the homeowner’s option upon the homeowner’s discovery of the failure. The receipt of any written notice provided pursuant to this subdivision shall be acknowledged in writing by the homeowner.
(g)  This section does not apply to or supersede other provisions of this part or other state law.