Today's Law As Amended


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



As Amends the Law Today


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) (1)  Except   as provided in subdivisions (i), (j), and (k), rental  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 meeting the criteria of subdivision (b)  shall prevail over conflicting provisions of such  an ordinance, rule, regulation, or initiative measure limiting or restricting rents in mobilehome parks, 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.  
(2) The  In the first sentence of the first   first  paragraph of a rental agreement entered into on or after January 1, 1993,  pursuant to this section, there shall be set forth a provision in at least 12-point boldface type if the rental agreement is printed, or in capital letters if the rental agreement is typed, giving notice to the  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 signs executes  a rental agreement offered  pursuant to this section may void the rental agreement by notifying management in writing within 72 hours of returning the signed rental agreement to management. This paragraph shall only apply if management provides the homeowner a copy of the signed rental agreement at the time the homeowner returns the signed rental agreement. the homeowner’s execution of the rental agreement.  
(5) The homeowner who signs a rental agreement pursuant to this section may void the agreement within 72 hours of receiving an executed copy of the rental agreement pursuant to Section 798.16. This paragraph shall only apply if management does not provide the homeowner with a copy of the signed rental agreement at the time the homeowner returns the signed rental agreement.
(c) If,   pursuant to paragraph (3) or (4) of subdivision (b), the homeowner rejects  The homeowner shall have the option to reject  the offered rental agreement or rescinds a signed rental agreement, the homeowner shall be entitled to instead accept, pursuant to Section 798.18,  and instead accept  a rental agreement for a term of 12 months or less from the date the offered rental agreement was to have begun.  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, “rental charges” terms  and conditions as the offered  rental agreement offered pursuant to subdivision (b),  during the first 12 months, except for options, if any,  options  contained in the offered rental agreement to extend or renew the rental agreement.  
(d)   Nothing in subdivision (c) shall be construed to prohibit the  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 that 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 homeowner for rent, and notwithstanding any ordinance, rule, regulation, or initiative measure, a  tenant for rent, the  mobilehome park shall not  be assessed  exempt from  any fee or other exaction for a park space that is exempt under subdivision (a)  imposed pursuant to any  such an  ordinance, rule, regulation, or initiative measure. No other fee or other exaction shall be imposed for a park space that is exempt under subdivision (a) for  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 receipt of an executed copy of the  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) No rental agreement subject to subdivision (a) that is first entered into on or after January 1, 1993, shall have a provision which authorizes automatic extension or renewal of, or automatically extends or renews, the rental agreement for a period beyond the initial stated term at the sole option of either the management or the homeowner.
(h) (g)   This section does not apply to or supersede other provisions of this part or other state law.  
(i) This section shall not apply to any rental agreement entered into on or after January 1, 2021.
(j) This section shall not apply to any rental agreement entered into from February 13, 2020, to December 31, 2020, inclusive.
(k) This section shall remain in effect until January 1, 2025, and as of that date is repealed. As of January 1, 2025, any exemption pursuant to this section shall expire.
(l) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.