Bill Text: CA SB419 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Mobilehomes: homeowners: sale.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2015-09-09 - Chaptered by Secretary of State. Chapter 288, Statutes of 2015. [SB419 Detail]

Download: California-2015-SB419-Amended.html

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BILL NUMBER: SB 419	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 27, 2015
	AMENDED IN SENATE  APRIL 6, 2015

INTRODUCED BY   Senator McGuire

                        FEBRUARY 25, 2015

   An act to  amend   amend, repeal, and add
 Sections 798.70, 798.71, and 798.74  of, and to add
Section 798.70.5 to,   of  the Civil Code, relating
to mobilehomes.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 419, as amended, McGuire. Mobilehomes: homeowners: sale.
   The Mobilehome Residency Law governs tenancies in mobilehome
parks.  The   That  law, among other
things, sets forth certain rights and requirements for the management
and selling homeowners in connection with the  listing, 
sale  , or exchange  of a mobilehome,    and,
if not prohibited by management, the   rental of a
mobilehome,  including, but not limited to, authorizing 
sellers to   the  display  of  signs
advertising the sale  , exchange, or rental, and authorizing the
display of an "open house" sign  unless prohibited by park
 rules,   rules;  requiring the signs to
contain specified information and be of an H-frame or A-frame
 design,   design;  and requiring the
management, upon request  , to provide   of
 a prospective homeowner  with   to provide
 the information the management will use to determine if the
person will be acceptable as a homeowner in the park.  Under that
law, the management or owner may be held liable for damages
proximately resulting from the   withholding of approval of
a prospective homeowner for any reason not stated in that law. 

    This 
    On and after July 1, 2016, this  bill  would no
longer condition the display of an open house sign on the lack of
prohibition in park rules, but would authorize the establishment of
reasonable rules   governing the conduct of open houses, as
specifie   d;  would additionally authorize a seller to
display one sign of an L-frame or a generally accepted yard-arm type
design  ;  and  would define a "listing." The bill
  would  require the management, upon request, to
provide  in writing  the information and standards the
management will use to review a prospective homeowner to the
prospective homeowner or seller  in writing. The bill would
also   and  make technical  changes and
revise references to a homeowner or other person selling a mobilehome
to instead refer to a "seller," as defined.   changes.
  The bill would additionally condition the liability for
damages resulting from withholding approval of a prospective
homeowner for reasons based upon fraud, deceit, or concealment of
material facts by the prospective purchaser. 
   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 798.70 of the Civil Code is amended to read:
   798.70.   A seller or the agent of a seller  
(a)     A homeowner, an heir, joint tenant, or
personal representative of the estate who gains ownership of a
mobilehome in the mobilehome park through the death of the owner of
the mobilehome who was a homeowner at the time of his or her death,
or the agent of any such person,  may advertise the sale or
exchange of his or her mobilehome, or, if not prohibited by the terms
of an agreement with the management, may advertise the rental of his
or her mobilehome, by displaying  one   a 
sign in the window of the mobilehome, or by  one 
 a  sign posted on the side of the mobilehome facing the
street, or by  one   a  sign in front of
the mobilehome facing the street, stating that the mobilehome is for
sale or exchange or, if not prohibited, for rent by the owner of the
mobilehome or his or her agent. Any such person also may display
 one   a  sign conforming to these
requirements indicating that the mobilehome is on display for an
"open  house."   house," unless the park rules
prohibit the display of an open house sign.  The sign shall
state the name, address, and telephone number of the owner of the
mobilehome or his or her agent and the sign face shall not exceed 24
inches in width and 36 inches in height.  A sign 
 Signs  posted in front of a mobilehome pursuant to this
section may be of an  H-frame, A-frame, L-frame, or generally
accepted yard-arm type   H-frame or A-frame 
design with the sign face perpendicular to, but not extending into,
the street.  Sellers   Homeowners  may
attach to the sign or their mobilehome tubes or holders for leaflets
 that   which  provide information on the
mobilehome for sale, exchange, or rent. 
   (b) This section shall remain in effect only until July 1, 2016,
and as of that date is repealed.  
  SEC. 2.    Section 798.70.5 is added to the Civil
Code, to read:
   798.70.5.  For purposes of this article, "seller" means a
homeowner, an heir, joint tenant, or personal representative of the
estate who gains ownership of a manufactured home or mobilehome in
the mobilehome park through the death of the owner of the
manufactured home or mobilehome who was a homeowner at the time of
his or her death. 
   SEC. 2.    Section 798.70 is added to the  
Civil Code   , to read:  
   798.70.  (a) A homeowner, an heir, joint tenant, or personal
representative of the estate who gains ownership of a mobilehome in
the mobilehome park through the death of the owner of the mobilehome
who was a homeowner at the time of his or her death, or the agent of
any such person, may advertise the sale or exchange of his or her
mobilehome, or, if not prohibited by the terms of an agreement with
the management, may advertise the rental of his or her mobilehome, by
displaying one sign in the window of the mobilehome, or by one sign
posted on the side of the mobilehome facing the street, or by one
sign in front of the mobilehome facing the street, stating that the
mobilehome is for sale or exchange or, if not prohibited, for rent by
the owner of the mobilehome or his or her agent. Any such person
also may display one sign conforming to these requirements indicating
that the mobilehome is on display for an "open house." The park may
establish by rule or regulation reasonable rules governing how an
open house may be conducted, including rules regarding hours and
parking. The sign shall state the name, address, and telephone number
of the owner of the mobilehome or his or her agent and the sign face
shall not exceed 24 inches in width and 36 inches in height. Signs
posted in front of a mobilehome pursuant to this section may be of an
H-frame, A-frame, L-frame, or generally accepted yard-arm type
design with the sign face perpendicular to, but not extending into,
the street. Homeowners may attach to the sign or their mobilehome
tubes or holders for leaflets that provide information on the
mobilehome for sale, exchange, or rent.
   (b) This section shall become operative on July 1, 2016. 
  SEC. 3.  Section 798.71 of the Civil Code is amended to read:
   798.71.  (a) (1) The management may not show or list for sale a
manufactured home or mobilehome without first obtaining the owner's
written authorization. The authorization shall specify the terms and
conditions regarding the showing or listing.
   (2) Management may require that a homeowner advise management in
writing that his or her manufactured home or mobilehome is for sale.
If management requires that a homeowner advise management in writing
that his or her manufactured home or mobilehome is for sale, failure
to comply with this requirement does not invalidate a transfer.
   (b) The management shall prohibit neither the listing nor the sale
of a manufactured home or mobilehome within the park by the 
seller, or the agent of the seller other than the management. For
purposes of this section, "listing" includes advertising the address
of the home to the general public.    
homeowner, an heir, joint tenant, or personal representative of the
estate who gains ownership of a manufactured home or mobilehome in
the mobilehome park through the death of the owner of the
manufactured home or mobilehome who was a homeowner at the time of
his or her death, or the agent of any such person other than the
management. 
   (c) The management shall not require the  seller 
 selling homeowner, or an heir, joint tenant, or personal
representative of the estate who gains ownership of a manufactured
home or mobilehome in the mobilehome park through the death of the
owner of the manufactured home or mobilehome who was a homeowner at
the time of his or her death,  to authorize the management or
any other specified broker, dealer, or person to act as the agent in
the sale of a manufactured home or mobilehome as a condition of
resale of the home in the park or of management's approval of the
buyer or prospective homeowner for residency in the park.
   (d) The management shall not require a homeowner, who is replacing
a mobilehome or manufactured home on a space in the park, in which
he or she resides, to use a specific broker, dealer, or other person
as an agent in the purchase of or installation of the replacement
home.
   (e) Nothing in this section shall be construed as affecting the
provisions of the Health and Safety Code governing the licensing of
manufactured home or mobilehome salespersons or dealers. 
   (f) This section shall remain in effect only until July 1, 2016,
and as of that date is repealed. 
   SEC. 4.    Section 798.71 is added to the  
Civil Code   , to read:  
   798.71.  (a) (1) The management may not show or list for sale a
manufactured home or mobilehome without first obtaining the owner's
written authorization. The authorization shall specify the terms and
conditions regarding the showing or listing.
   (2) Management may require that a homeowner advise management in
writing that his or her manufactured home or mobilehome is for sale.
If management requires that a homeowner advise management in writing
that his or her manufactured home or mobilehome is for sale, failure
to comply with this requirement does not invalidate a transfer.
   (b) The management shall prohibit neither the listing nor the sale
of a manufactured home or mobilehome within the park by the
homeowner, an heir, joint tenant, or personal representative of the
estate who gains ownership of a manufactured home or mobilehome in
the mobilehome park through the death of the owner of the
manufactured home or mobilehome who was a homeowner at the time of
his or her death, or the agent of any such person other than the
management. For purposes of this section, "listing" includes
advertising the address of the home to the general public.
   (c) The management shall not require the selling homeowner, or an
heir, joint tenant, or personal representative of the estate who
gains ownership of a manufactured home or mobilehome in the
mobilehome park through the death of the owner of the manufactured
home or mobilehome who was a homeowner at the time of his or her
death, to authorize the management or any other specified broker,
dealer, or person to act as the agent in the sale of a manufactured
home or mobilehome as a condition of resale of the home in the park
or of management's approval of the buyer or prospective homeowner for
residency in the park.
   (d) The management shall not require a homeowner, who is replacing
a mobilehome or manufactured home on a space in the park, in which
he or she resides, to use a specific broker, dealer, or other person
as an agent in the purchase of or installation of the replacement
home.
   (e) Nothing in this section shall be construed as affecting the
provisions of the Health and Safety Code governing the licensing of
manufactured home or mobilehome salespersons or dealers.
   (f) This section shall become operative on July 1, 2016. 
   SEC. 4.   SEC. 5.   Section 798.74 of
the Civil Code is amended to read:
   798.74.  (a) The management may require the right of prior
approval of a purchaser of a mobilehome that will remain in the park
and that the  seller or seller's   selling
homeowner or his or her  agent give notice of the sale to the
management before the close of the sale. Approval cannot be withheld
if the purchaser has the financial ability to pay the rent and
charges of the park unless the management reasonably determines that,
based on the purchaser's prior tenancies, he or she will not comply
with the rules and regulations of the park. In determining whether
the purchaser has the financial ability to pay the rent and charges
of the park, the management shall not require the purchaser to submit
copies of any personal income tax returns in order to obtain
approval for residency in the park. However, management may require
the purchaser to document the amount and source of his or her gross
monthly income or means of financial support.
   Upon request of any  seller or  prospective
homeowner who proposes to purchase a mobilehome that will remain in
the park, management shall inform that  person, in writing,
  person  of the information management will
require  and the standards that will be utilized in
determining   in order to determine  if the person
will be acceptable as a homeowner in the park.
   Within 15 business days of receiving all of the information
requested from the prospective homeowner, the management shall notify
the seller and the prospective homeowner, in writing, of either
acceptance or rejection of the application, and the reason if
rejected. During this 15-day period the prospective homeowner shall
comply with the management's request, if any, for a personal
interview. If the approval of a prospective homeowner is withheld for
any reason other than those stated in this article, the management
or owner may be held liable for all damages proximately resulting
therefrom.
   (b) If the management collects a fee or charge from a prospective
purchaser of a mobilehome in order to obtain a financial report or
credit rating, the full amount of the fee or charge shall be credited
toward payment of the first month's rent for that mobilehome
purchaser. If, for whatever reason, the prospective purchaser is
rejected by the management, the management shall refund to the
prospective purchaser the full amount of that fee or charge within 30
days from the date of rejection. If the prospective purchaser is
approved by the management, but, for whatever reason, the prospective
purchaser elects not to purchase the mobilehome, the management may
retain the fee, or a portion thereof, to defray its administrative
costs under this section. 
   (c) This section shall remain in effect only until July 1, 2016,
and as of that date is repealed. 
   SEC. 6.    Section 798.74 is added to the  
Civil Code   , to read:  
   798.74.  (a) The management may require the right of prior
approval of a purchaser of a mobilehome that will remain in the park
and that the selling homeowner or his or her agent give notice of the
sale to the management before the close of the sale. Approval cannot
be withheld if the purchaser has the financial ability to pay the
rent and charges of the park unless the management reasonably
determines that, based on the purchaser's prior tenancies, he or she
will not comply with the rules and regulations of the park. In
determining whether the purchaser has the financial ability to pay
the rent and charges of the park, the management shall not require
the purchaser to submit copies of any personal income tax returns in
order to obtain approval for residency in the park. However,
management may require the purchaser to document the amount and
source of his or her gross monthly income or means of financial
support.
   Upon request of any selling homeowner or prospective homeowner who
proposes to purchase a mobilehome that will remain in the park,
management shall inform that person, in writing, of the information
management will require and the standards that will be utilized in
determining if the person will be acceptable as a homeowner in the
park.
   Within 15 business days of receiving all of the information
requested from the prospective homeowner, the management shall notify
the seller and the prospective homeowner, in writing, of either
acceptance or rejection of the application, and the reason if
rejected. During this 15-day period the prospective homeowner shall
comply with the management's request, if any, for a personal
interview. If the approval of a prospective homeowner is withheld for
any reason other than either of the following, the management or
owner may be held liable for all damages proximately resulting
therefrom:
   (1) Reasons stated in this article.
   (2) Reasons based upon fraud, deceit, or concealment of material
facts by the prospective purchaser.
   (b) If the management collects a fee or charge from a prospective
purchaser of a mobilehome in order to obtain a financial report or
credit rating, the full amount of the fee or charge shall be credited
toward payment of the first month's rent for that mobilehome
purchaser. If, for whatever reason, the prospective purchaser is
rejected by the management, the management shall refund to the
prospective purchaser the full amount of that fee or charge within 30
days from the date of rejection. If the prospective purchaser is
approved by the management, but, for whatever reason, the prospective
purchaser elects not to purchase the mobilehome, the management may
retain the fee, or a portion thereof, to defray its administrative
costs under this section.
   (c) This section shall become operative on July 1, 2016.