Bill Text: CA AB2439 | 2009-2010 | Regular Session | Introduced
Bill Title: Mobilehome parks.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-04-28 - In committee: Set, second hearing. Hearing canceled at the request of author. [AB2439 Detail]
Download: California-2009-AB2439-Introduced.html
BILL NUMBER: AB 2439 INTRODUCED
BILL TEXT
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.
State-mandated 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.
