Bill Text

Bill Information

PDF |Add To My Favorites |Track Bill | print page

SB-147 Mobilehome parks: residency.(2017-2018)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 04/18/2017 04:00 AM
SB147:v98#DOCUMENT

Amended  IN  Senate  April 17, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 147


Introduced by Senator Dodd

January 17, 2017


An act to amend Section 798.34 of the Civil Code, relating to mobilehome parks.


LEGISLATIVE COUNSEL'S DIGEST


SB 147, as amended, Dodd. Mobilehome parks: residency.
The Mobilehome Residency Law governs residency in mobilehome parks and includes provisions that are applicable to those who have an ownership interest in a subdivision, cooperative, or condominium for mobilehomes, or a resident-owned mobilehome park, as specified. Among other things, these provisions set forth the rights of residents and homeowners regarding the use of the property. Existing law authorizes a homeowner who lives alone to share his or her mobilehome with one guest, as described, without the imposition of a fee by management for that person.
This bill would authorize any homeowner who lives alone to share his or her mobilehome with not more than two guest one other person, who is not an immediate family member and would be considered a cohabitant of the homeowner, without regard to any sublet restrictions in the homeowner’s lease or the imposition of a fee by management.
Existing law authorizes a homeowner to share the mobilehome with a person over 18 years of age if that person provides live-in health care or live-in supportive care to the homeowner pursuant to a written treatment plan prepared by the homeowner’s physician. Existing law also authorizes a senior homeowner in an age limited mobilehome park to share the mobilehome with specified persons if the senior homeowner requires live-in health care, live-in supportive care, or supervision pursuant to a written treatment plan prepared by a physician and surgeon.
This bill would repeal the written treatment plan requirement. require written confirmation of the need for the live-in care or supervision from the homeowner’s physician or other licensed health care provider.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 798.34 of the Civil Code is amended to read:

798.34.
 (a) A homeowner shall not be charged a fee for a guest who does not stay with him or her for more than a total of 20 consecutive days or a total of 30 days in a calendar year. A person who is a guest, as described in this subdivision, guest shall not be required to register with the management. Once a person stays more than a total of 20 consecutive days or 30 days in a calendar year, he or she may be required to register with the park and reasonable guest fees may be imposed if provided for in the park’s rental agreement.

(b)A homeowner who wishes to share his or her mobilehome with not more than two persons may do so, and a fee shall not be imposed by management for those persons. The person shall be considered a guest of the homeowner and any agreement between the homeowner and the person shall not change the terms and conditions of the rental agreement between management and the homeowner. The guest shall comply with the rules and regulations of the mobilehome park.

(b) A homeowner who lives alone may share the occupancy of his or her mobilehome with one additional person not described in Section 798.35 before management may impose a fee for additional occupancy. The additional person shall be considered a cohabitant of the homeowner. The cohabitant shall be allowed regardless of any sublet restrictions in the homeowner’s lease. The mobilehome park shall not charge a fee for the cohabitant.
(c) A homeowner may share his or her mobilehome with any person over 18 years of age if that person is providing live-in health care or live-in supportive care to the homeowner. homeowner pursuant to a written confirmation of the need for such care prepared by the homeowner’s physician or other licensed health care provider. A fee shall not be charged by management for that person. That person shall have no rights of tenancy in the park, and any agreement between the homeowner and the person shall not change the terms and conditions of the rental agreement between management and the homeowner. That person shall comply with the rules and regulations of the mobilehome park.
(d) A senior homeowner who resides in a mobilehome park that has implemented rules or regulations limiting residency based on age requirements for housing for older persons, pursuant to Section 798.76, may share his or her mobilehome with any person over 18 years of age if this person is a parent, sibling, child, or grandchild of the senior homeowner and requires provides live-in health care, care or live-in supportive care, or supervision. care to the homeowner pursuant to a written confirmation of the need for such care prepared by the homeowner’s physician or other licensed health care provider. Management may not charge a fee for this person. Any agreement between the senior homeowner and this person shall not change the terms and conditions of the rental agreement between management and the senior homeowner. Unless otherwise agreed upon, park management shall not be required to manage, supervise, or provide for this person’s care during his or her stay in the mobilehome park. This person shall have no rights of tenancy in the park, but shall comply with the rules and regulations of the mobilehome park. A violation of the mobilehome park rules and regulations by this person shall be deemed a violation of the rules and regulations by the homeowner pursuant to subdivision (d) of Section 798.56. As used in this subdivision, “senior homeowner” means a homeowner who is 55 years of age or older.