Bill Text: CA AB768 | 2025-2026 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Mobilehome parks: rent protections: local rent control.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Engrossed) 2026-06-26 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB768 Detail]

Download: California-2025-AB768-Amended.html

Amended  IN  Assembly  January 05, 2026

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Assembly Bill
No. 768


Introduced by Assembly Member Ávila Farías

February 18, 2025


An act to amend Section 798.21 of the Civil Code, relating to mobilehome parks.


LEGISLATIVE COUNSEL'S DIGEST


AB 768, as amended, Ávila Farías. Mobilehome parks: rent protections: local rent control.
Existing law, the Mobilehome Residency Law, governs tenancies in mobilehome parks and includes provisions that are applicable to those who have an ownership interest in a subdivision, cooperative, or condominium for mobilehomes, or a resident-owned mobilehome park, as specified. Among other things, these provisions set forth the rights of residents and homeowners regarding the use of the property.
Existing law exempts the rental of certain mobilehome spaces by a homeowner, if the mobilehome space is not the principal residence of the homeowner and the homeowner has not rented the mobilehome to another party, from any ordinance, rule, regulation, or initiative measure adopted by any city, county, or city and county, that establishes a maximum amount that the landlord may charge a tenant for rent, as specified.
This bill would, instead, apply that exemption to the rental of certain a mobilehome spaces by a homeowner only if the mobilehome space is not the only or principal residence of the homeowner. space that is not occupied as the actual residence of the homeowner or a tenant for a period of at least 30 consecutive days, except as specified.
Existing law provides that, for purposes of the above provisions, a mobilehome is deemed to be the principal residence of the homeowner unless a review of state or county records demonstrate otherwise, as specified, and establishes procedures for the modification of rent or other terms of tenancy as a result of that review, as specified.
This bill would, instead, provide that before modifying the rent or other terms of tenancy as a result of learning, through a review of state or county records, learning that the mobilehome space is not the only or principal residence of a homeowner, occupied as described above, the management shall notify the homeowner, as specified.
Existing law makes certain rental agreements exempt from the above provisions.
This bill would limit those exemptions to mobilehomes that are actively held available for sale, as specified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 798.21 of the Civil Code is amended to read:

798.21.
 (a) If a mobilehome space within a mobilehome park is not the only or principal residence of a homeowner, occupied as the actual residence of the homeowner or a tenant for a period of at least 30 consecutive days, it 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 the landlord may charge a tenant for rent.
(b) Nothing in this section is intended to require a homeowner to disclose information concerning the homeowner’s personal finances. Nothing in this section shall be construed to authorize management to gain access to any records which would otherwise be confidential or privileged.
(c) Before modifying the rent or other terms of tenancy as a result of learning, through a review of state or county records, that the mobilehome space is not the only or principal residence of a homeowner, learning that the mobilehome space is not occupied as the actual residence of the homeowner or a tenant for a period of at least 30 consecutive days, the management shall notify the homeowner, in writing, of the proposed changes and provide the homeowner with a copy of the documents upon which management relied.
(d) The homeowner shall have 90 days from the date the notice described in subdivision (c) is mailed to review and respond to the notice. Management may not modify the rent or other terms of tenancy prior to the expiration of the 90-day period or prior to responding, in writing, to information provided by the homeowner. Management may not modify the rent or other terms of tenancy if the homeowner provides documentation reasonably establishing that the information provided by management is incorrect or that the homeowner is not the same person identified in the documents. However, nothing in this subdivision shall be construed to authorize the homeowner to change the homeowner’s exemption status of the other property or mobilehome owned by the homeowner.
(e) This section does shall not apply if the mobilehome is being actively held available for sale by the homeowner, or pursuant to a listing agreement with a real estate broker licensed pursuant to Chapter 3 (commencing with Section 10130) of Part 1 of Division 4 of the Business and Professions Code, or a mobilehome dealer, as defined in Section 18002.6 of the Health and Safety Code. A homeowner, real estate broker, or mobilehome dealer attempting to sell a mobilehome shall actively market and advertise the mobilehome for sale in good faith to bona fide purchasers for value in order to remain exempt pursuant to this subdivision.

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