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

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Date Published: 05/20/2021 09:00 PM
SB64:v97#DOCUMENT

Amended  IN  Senate  May 20, 2021
Amended  IN  Senate  March 11, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 64


Introduced by Senator Leyva

December 07, 2020


An act to add and repeal Section 798.63 to of the Civil Code, relating to mobilehomes, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


SB 64, as amended, Leyva. Mobilehome parks: emergency relief: coronavirus (COVID-19).
Existing law, the Mobilehome Residency Law, governs the terms and conditions of residency in mobilehome parks. Under existing law, the management of a mobilehome park may not terminate or refuse to renew a tenancy, except pursuant to certain procedures, and upon giving written notice to the homeowner of not less than 60 days.
This bill would prohibit the management from terminating or attempting to terminate the tenancy of a homeowner or resident who is impacted by the coronavirus (COVID-19) pandemic, as specified, on the grounds of failure of the homeowner or resident to comply with a reasonable rule or regulation of the park that is part of the rental agreement during a declared state of emergency or local emergency related to the coronavirus (COVID-19) pandemic, and during a 120-day time period after the state of emergency or local emergency is terminated, unless necessary to protect the public health or safety. except as provided. The bill would also require that any complaint for unlawful detainer against a homeowner or resident who is impacted by the coronavirus (COVID-19) pandemic clearly state on the first page of the complaint that it is subject to additional protections, as provided.
The bill would also prohibit the management, during this timeframe, from issuing a notice relating to termination of tenancy or refusal to renew tenancy. The bill would, with certain exceptions, prohibit a court from issuing a summons on a complaint for unlawful detainer within this timeframe for failure of the homeowner or resident to comply with a reasonable rule or regulation of the park that is part of the rental agreement unless the court finds the action necessary to protect public health or safety.
Existing law prohibits management from terminating a tenancy except for one of specified reasons, including, but not limited to, failure of the homeowner or resident to comply with a reasonable rule or regulation of the park, as specified. Under existing law, an act or omission of the homeowner or resident does not constitute a failure to comply with a reasonable rule or regulation of the park until the management has given the homeowner written notice of the alleged rule or regulation violation and the homeowner or resident has failed to adhere to the rule or regulation within 7 days, except as specified.
This bill would require that a homeowner or resident who is impacted by the coronavirus (COVID-19) pandemic, as specified, have 7 days from the date they receive a notice of a failure to comply with a reasonable rule or regulation of the park described above to notify the management in writing of their need to have additional time to comply with the notice. The bill, with exceptions, would require management that receives the described notice to grant the homeowner or resident the additional time requested to comply with the rule or regulation, but in no event more than one year. 6 months. The bill would require a notice of a failure to comply with a reasonable rule or regulation of the park that is part of the rental agreement, as specified, issued during a declared state of emergency or local emergency related to the coronavirus (COVID-19) pandemic, and during a 120-day time period after the state of emergency or local emergency is terminated, to contain specified language describing these provisions, printed in at least 12-point boldface type at the top of the notice.
The bill would also require a court to dismiss a case without prejudice, as provided, if the case was brought for failure of the homeowner or resident to comply with a reasonable rule or regulation of the park, as specified, and the homeowner or resident files a signed declaration with the court stating that failure to comply with the reasonable rule or regulation of the park was due to impacts of the coronavirus (COVID-19) pandemic. Because declarations filed with the court are submitted under penalty of perjury, this bill would impose a state-mandated local program by expanding the scope of a crime.
Existing law authorizes the management to file a petition for an order to enjoin a continuing or recurring violation of a reasonable rule or regulation of the mobilehome park within the limited jurisdiction of the superior court of the county in which the mobilehome community is located.
This bill would prohibit the management, with exceptions, from seeking to enforce such an order or imposing rent increases or other charges in addition to what is included in the resident’s base rent. The bill would authorize a homeowner or resident who is prevented by management from exercising the rights provided here to bring a civil action and would authorize a court to order injunctive relief and other relief the court deems proper, as specified.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

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


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 who is impacted by the coronavirus (COVID-19) pandemic, as described in subdivision (g), 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, unless necessary to protect the public health or safety as set forth in this subdivision. 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)During a declared state of emergency or local emergency related to the coronavirus (COVID-19) pandemic and for 120 days thereafter, a court shall not issue a summons on a complaint for unlawful detainer based on subdivision (d) of Section 798.56, unless the court finds, in its discretion and on the record, that the action is necessary to protect public health or safety.

(b)Except for any violation of any fire safety code, or fire enforcement as determined by the authority having jurisdiction, mobilehome residents may request additional time to comply with demands to correct violations of park rules and regulations during the coronavirus (COVID-19) pandemic.

(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.

(1)

(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 one year. 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 in no event more than one year, 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.

(h)

(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. 2.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.