Today's Law As Amended


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SB-64 Mobilehome parks: emergency relief: coronavirus (COVID-19).(2021-2022)



As Amends the Law Today


SECTION 1.

 Section 798.63 is added to the Civil Code, to read:

798.63.
 (a) (1) The management shall not terminate or attempt to terminate the tenancy of a homeowner or resident pursuant to subdivision (d) of Section 798.56 during a declared state of emergency or local emergency related to the coronavirus (COVID-19) pandemic, and during a 120-day timeframe after the state of emergency or local emergency is terminated, except in accordance with this section.
(2) The restriction set forth in paragraph (1) shall also preclude the management from issuing a notice pursuant to subdivision (b) of Section 798.55 during the timeframe set forth in paragraph (1).
(3) When filing a complaint for unlawful detainer against a homeowner or resident who is impacted by the coronavirus (COVID-19) pandemic, the management shall clearly state on the first page of the complaint that the complaint is subject to additional protections as provided by this section.
(b) (1) Any notice issued pursuant to subdivision (d) of Section 798.56 during the timeframe set forth in paragraph (1) of subdivision (a) shall contain the following language printed in at least 12-point boldface type at the top of the notice:
“IMPORTANT: Pursuant to Section 798.63 of the Civil Code, if you are a homeowner or resident who is impacted by the COVID-19 pandemic and you are unable to comply with this notice due to hardship from COVID-19, within seven (7) days of receiving this notice, you must notify management in writing of your need for additional time to comply. Unless the granting of additional time in accordance with this section would perpetuate a public nuisance or an imminent hazard representing an immediate risk to life, health, or safety of the public or occupants of the mobilehome park, as set forth in Section 18420 of the Health and Safety Code, or may cause a material threat to public health or safety in the immediate future, management must grant homeowners or residents impacted by COVID-19 as much additional time as you need to comply with this notice, but not more than six months. Before granting you this additional time, management may demand that you sign a statement explaining why the impact from COVID-19 prevents you from complying with this notice within seven (7) days as would ordinarily be required. You should keep a copy of the notification you give to management and any statement that you sign.”

(2) A homeowner or resident who is impacted by the coronavirus (COVID-19) pandemic, as described in subdivision (g), shall have seven days from the date they receive the notice pursuant to paragraph (1) to notify the management in writing of their need to have additional time to comply with the notice.
(3) Management that receives a notice, pursuant to paragraph (2), that a homeowner or resident needs additional time to comply with a notice issued pursuant to subdivision (d) of Section 798.56 shall grant the homeowner or resident the additional time to comply that the homeowner or resident requests, but not more than six months, unless failure to comply sooner would perpetuate a public nuisance or an imminent hazard representing an immediate risk to life, health, or safety of the public or occupants of the mobilehome park, as set forth in Section 18420 of the Health and Safety Code, or may cause a material threat to public health or safety by endangering the life, limb, health, or safety of the public or occupants of the mobilehome park in the immediate future.


(c) During the additional time that a homeowner or resident impacted by COVID-19 has to correct a violation of a park rule or regulation pursuant to subdivision (b), the management shall not do any of the following:
(1) Impose a rent increase upon the homeowner or resident other than a rent increase specified in the lease agreement.
(2) Impose additional service charges, including otherwise permissible passthrough charges, late fees, or any other charges, upon the homeowner or resident in addition to what is included in their base rent.
(3) Seek to enforce an order enjoining a continuing or recurring violation of any reasonable rule or regulation of a mobilehome park by the homeowner or resident pursuant to Section 798.88.
(d) Any homeowner or resident who is prevented by management from exercising the rights provided for in this section may bring a civil action in a court of competent jurisdiction to enforce the homeowner’s or resident’s rights. The court may order injunctive relief and any other relief the court deems proper, including, but not limited to, establishing a reasonable deadline by which the mobilehome owner or resident must cure the violation of park rules or regulations.
(e) This section shall not supersede a local ordinance that provides more protection to residents who are subject to this article.
(f) For purposes of this section, “a state of emergency or local emergency” means an emergency declared by the Governor, a city, a county, or a city and county pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code).
(g) For purposes of this section, a homeowner or resident has been impacted by the coronavirus (COVID-19) pandemic if the homeowner or resident provides reasonable evidence of either of the following:
(1) The homeowner or resident is unable to comply with the requirements of any seven-day notice served by the management pursuant to subdivision (d) of Section 798.56 due to an inability to locate, obtain, hire, pay for, or arrange for any repairs, landscaping, lot maintenance or similar remediation to the homeowner or resident’s home or space due to coronavirus (COVID-19)-imposed restrictions. For purposes of this paragraph, a signed statement explaining why the impact of the coronavirus (COVID-19) pandemic prevents the homeowner or resident from complying with the notice within seven days is sufficient reasonable evidence to establish that the homeowner or resident has been impacted by the coronavirus (COVID-19) pandemic.
(2) The homeowner or resident is unable to comply with a seven-day notice served by the management pursuant to subdivision (d) of Section 798.56 due to an inability to relocate any person or persons residing in the homeowner’s or resident’s mobilehome due to coronavirus (COVID-19)-imposed restrictions. For purposes of this paragraph, a signed statement explaining why the impact of the coronavirus (COVID-19) pandemic prevents the homeowner or resident from complying with the notice within seven days is sufficient reasonable evidence to establish that the homeowner or resident has been impacted by the coronavirus (COVID-19) pandemic.
(h) (1) (A) Within the time prescribed in Section 1167 of the Code of Civil Procedure, a homeowner or resident shall be permitted to file a signed declaration with the court indicating that the homeowner or resident was unable to comply with a notice given pursuant to subdivision (d) of Section 798.56 within the seven days given because of impact from the coronavirus (COVID-19) pandemic.
(B) If the tenant files a signed declaration in accordance with this subdivision, the court shall dismiss the case, pursuant to paragraph (2), if the court finds, after a noticed hearing on the matter, that the tenant’s failure to submit a notice of COVID-19-related impact within the time required by paragraph (2) of subdivision (b) was the result of mistake, inadvertence, surprise, or excusable neglect, as those terms have been interpreted under subdivision (b) of Section 473 of the Code of Civil Procedure.
(C) The hearing required by this paragraph shall be held at least 5 days, but not more than 10 days, after notice is given by the court, and may be held separately or in conjunction with any regularly noticed hearing in the case, other than a trial.
(2) (A) For any case dismissed pursuant to this subdivision, any cause of action based on the notice served pursuant to subdivision (d) of Section 798.56 shall be dismissed without prejudice.
(B) For any case dismissed pursuant to this subdivision, the tenant shall not be considered the prevailing party for purposes of Section 1032 of the Code of Civil Procedure, any attorney’s fee provision appearing in contract or statute, or any other law.
(i) It is the intent of the Legislature that the provisions of this section shall not be interpreted so as to alter the meaning or application of the COVID-19 Tenant Relief Act, at Chapter 5 (commencing with Section 1179.01) of Title 3 of Part 3 of the Code of Civil Procedure.
(j) This section does not apply to any violation of any fire safety code, or fire enforcement as determined by the authority having jurisdiction.
(k) This section shall remain in effect until January 1, 2023, and, as of that date, is repealed.
SEC. 2.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
SEC. 3.
 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to protect the health, safety, and well-being of homeowners and residents impacted by the coronavirus (COVID-19) pandemic, and to prevent the risk of homeowners and residents becoming homeless, it is necessary for this act to take effect immediately.