798.30.7.
(a) (1) Subject to paragraph (3) and except as provided in subdivision (b), management shall not, over the course of any 12-month period, increase the gross rental rate for a tenancy in a mobilehome park by more than 3 percent plus the percentage change in the cost of living, or 5 percent, whichever is lower, of the lowest gross rental rate charged for the tenancy at any time during the 12 months prior to the effective date of the increase.(2) The gross rental rate does not include charges for a master-metered gas or electric service or utility services.
(3) If the same homeowner maintains a tenancy over any 12-month period, the gross rental rate for
the tenancy shall not be increased in more than two increments over that 12-month period, subject to the other restrictions of this subdivision governing gross rental rate increases.
(b) Notwithstanding subdivision (a), management may increase the rental rate by 5 percent after a transfer of a mobilehome park pursuant to Article 7 (commencing with Section 798.70). This subdivision shall not apply in any of the following circumstances:
(1) A homeowner replaces an existing mobilehome with another mobilehome occupying the same mobilehome space without terminating the homeowner’s tenancy.
(2) A transfer of a mobilehome to a person authorized to occupy the mobilehome, or to the parents, siblings, children, grandchildren, nieces, or nephews of the homeowner, or to a trust holding the property for the benefit of one of
those persons.
(3) A transfer pursuant to Section 798.78 or 798.79 if the mobilehome remains in the same mobilehome space.
(c) Management shall provide notice of any increase in the rental rate to each homeowner in accordance with Section 798.30.
(d) (1) Except as provided in subdivision (f), this section shall apply to all rent increases occurring on or after January 1, 2024.
(2) In the event that management has increased the rent by more than the amount permissible under subdivision (a) between January 1, 2024, and January 1, 2025, both of the following shall apply:
(A) The applicable rent on January 1, 2025, shall be the rent as of January 1, 2024, plus the maximum
permissible increase under subdivision (a).
(B) Management shall not be liable to a homeowner for any corresponding rent overpayment.
(e) Any waiver of the rights under this section shall be void as contrary to public policy.
(f) (1) This section shall not apply to a tenancy for any of the following:
(A) A mobilehome space restricted by deed, regulatory restriction contained in an agreement with a governmental agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as
defined in Section 50093 of the Health and Safety Code or comparable federal statutes.
(B) A mobilehome space subject to any ordinance, rule, regulation, or initiative measure that restricts annual increases in the rental rate to an amount less than that provided in subdivision (a).
(C) A mobilehome space within a resident-owned mobilehome park, as defined by subdivision (c) of Section 799.
(D) A mobilehome space occupied by a resident who is not a homeowner, including, but not limited to, any spaces that are directly rented by management. The rental amount to be charged for any such spaces shall be governed by Sections 1946.2, 1947.12, and 1947.13.
(2) This section shall not apply to a mobilehome park when a local government has adopted an ordinance,
rule, regulation, or initiative measure before January 1, 2025, that establishes a maximum amount that may be charged by management for rent or otherwise regulates the rental rate for a mobilehome tenancy in that mobilehome park.
(3) This section shall not impair, alter, or change any rental term or obligation contained in a rental agreement in effect between management and a resident as of January 1, 2025, and which was entered into or became effective before January 1, 2024. However, any rental provisions contained in those agreements shall be subject to the provisions of this section following the date upon which the term of the agreement has ended or has been renewed or extended.
(g) (1) Nothing in this section affects the authority of a local government to adopt or maintain an ordinance, rule, regulation, or initiative measure that establishes a maximum
amount that may be charged for rent, or other regulations for a tenancy.
(2) This section is not intended to express any policy regarding the appropriate, allowable rental rate increase imposed by ordinance, rule, regulation, or initiative measure regulating rent increases, nor in connection with the continuation of any mobilehome rent regulation that a local government has chosen to enact and administer, based upon the particular needs or economic conditions within the local jurisdiction.
(h) For the purposes of this section:
(1) “Consumer Price Index for All Urban Consumers for All Items” means the following:
(A) The Consumer Price Index for All Urban Consumers for All Items for the metropolitan area in which the property is located, as published by
the United States Bureau of Labor Statistics.
(B) If the United States Bureau of Labor Statistics does not publish a Consumer Price Index for All Urban Consumers for All Items for the metropolitan area in which the property is located, the California Consumer Price Index for All Urban Consumers for All Items as published by the Department of Industrial Relations.
(2) (A) “Percentage change in the cost of living” means the percentage change in the applicable Consumer Price Index for All Urban Consumers for All Items, as described in paragraph (1) and computed pursuant to subparagraph (B).
(B) (i) If management provides notice of an increase in the rental rate pursuant to subdivision (c) before July 1 of any calendar year, the percentage change shall be the percentage change
in the amount published as of January 1 of that calendar year and January 1 of the immediately preceding calendar year.
(ii) If management provides notice of an increase in the rental rate pursuant to subdivision (c) after July 1 of any calendar year, the percentage change shall be the percentage change in the amount published as of July 1 of that calendar year and July 1 of the immediately preceding calendar year.
(iii) The percentage change shall be rounded to the nearest one-tenth of 1 percent.