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AB-2439 Mobilehome parks.(2009-2010)

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AB2439:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2009–2010 REGULAR SESSION

Assembly Bill
No. 2439


Introduced  by  Assembly Member Nestande

February 19, 2010


An act to amend Section 798.23.5 of the Civil Code, relating to mobilehome parks.


LEGISLATIVE COUNSEL'S DIGEST


AB 2439, as introduced, Nestande. Mobilehome parks.
Existing law requires the management of a mobilehome park to permit a mobilehome park homeowner to rent his or her home that serves as his or her primary residence or sublet his or her space if a medical emergency or medical treatment requires him or her to be absent from his or her home and the medical emergency or treatment is confirmed in writing by an attending physician. Existing law imposes conditions on that rental or sublease, including the minimum and maximum term of a rental or sublease, and authorizes the management to require approval of a prospective renter or sublessee, as specified. Existing law prohibits a homeowner from charging a renter or sublessee more than an amount necessary to cover the cost of space rent, utilities, and scheduled loan payments on the mobilehome.
This bill would additionally authorize the management of a mobilehome park to permit a mobilehome homeowner to sublet his or her mobilehome or space, without regard to whether there is a medical emergency or need for medical treatment on the part of the homeowner, for an amount more than necessary to cover the cost of space rent, utilities, and scheduled loan payments on the mobilehome, if any, and in accordance with the reasonable rules and regulations of the park. The bill would also exempt a space that is sublet pursuant to these new provisions from rent control.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 798.23.5 of the Civil Code is amended to read:

798.23.5.
 (a) (1) Management shall permit a homeowner to rent his or her home that serves as the homeowner’s primary residence or sublet his or her space, under the circumstances described in paragraph (2) and subject to the requirements of this section.
(2) A homeowner shall be permitted to rent or sublet pursuant to paragraph (1) if a medical emergency or medical treatment requires the homeowner to be absent from his or her home and this is confirmed in writing by an attending physician.
(b) The following provisions shall apply to a rental or sublease pursuant to this section:
(1) The minimum term of the rental or sublease shall be six months, unless the management approves a shorter term, but no greater than 12 months, unless management approves a longer term.
(2) The management may require approval of a prospective renter or sublessee, subject to the process and restrictions provided by subdivision (a) of Section 798.74 for prospective purchasers of mobilehomes. A prospective sublessee shall comply with any rule or regulation limiting residency based on age requirements, pursuant to Section 798.76. The management may charge a prospective sublessee a credit screening fee for the actual cost of any personal reference check or consumer credit report that is provided by a consumer credit reporting agency, as defined in Section 1785.3, if the management or his or her agent requires that personal reference check or consumer credit report.
(3) The renter or sublessee shall comply with all rules and regulations of the park. The failure of a renter or sublessee to comply with the rules and regulations of the park may result in the termination of the homeowner’s tenancy in the mobilehome park, in accordance with Section 798.56. A homeowner’s tenancy may not be terminated under this paragraph if the homeowner completes an action for unlawful detainer or executes a judgement judgment for possession, pursuant to Chapter 4 (commencing with Section 1159) of Title 3 of Part 3 of the Code of Civil Procedure within 60 days of the homeowner receiving notice of termination of tenancy.
(4) The homeowner shall remain liable for the mobilehome park rent and other park charges.
(5) The management may require the homeowner to reside in the mobilehome park for a term of one year before management permits the renting or subletting of a mobilehome or mobilehome space.
(6) Notwithstanding subdivision (a) of Section 798.39, if a security deposit has been refunded to the homeowner pursuant to subdivision (b) or (c) of Section 798.39, the management may require the homeowner to resubmit a security deposit in an amount or value not to exceed two months’ rent in addition to the first month’s rent. Management may retain this security deposit for the duration of the term of the rental or sublease.
(7) The homeowner shall keep his or her current address and telephone number on file with the management during the term of rental or sublease. If applicable, the homeowner may provide the name, address, and telephone number of his or her legal representative.
(c) A homeowner may not charge a renter or sublessee more than an amount necessary to cover the cost of space rent, utilities, and scheduled loan payments on the mobilehome, if any.
(d) The management may permit a homeowner to sublet his or her home or space, except as otherwise prohibited by the mobilehome park’s rules and regulations. Notwithstanding subdivision (c), the homeowner may sublet his or her home or space for an amount more than necessary to cover the cost of space rent, utilities, and scheduled loan payments on the mobilehome, if any, and in accordance with the reasonable rules and regulations of the park. The mobilehome and the space shall be exempt from any ordinance, rule, regulation, or initiative measure adopted by any city, county, or city and county, which establishes a maximum amount that a landlord may charge a tenant for rent.