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 (m), (k), under this article during a declared state of emergency or local emergency related to the COVID-19 pandemic, and during a 120-day timeframe after the declared emergency order is lifted.
state of emergency or local emergency is terminated, unless necessary to protect the public health and safety.(2) The restriction set forth in paragraph (1) shall also preclude the management from issuing a 60-day notice of termination of tenancy a notice pursuant to Section 798.30 or 798.55 or subdivision (e) of Section 798.56 during the timeframe set forth in paragraph (1).
(b) (1) (A) A
homeowner or
resident who is impacted by the COVID-19 pandemic, as described in subdivision (m), (k), shall have 15 days
before the resident’s until the amount due for the rent, utilities, and other park charges are due, or seven days following receipt of any seven-day notice served upon the resident pursuant to subdivision (d) of Section 798.56, or reasonable incidental charges has been unpaid for a period of at least five days from its due date, not including the date the payment is due, to notify the management in writing of their need to have additional time to pay the rent, utilities, and other park charges, or to comply with any such seven-day notice,
make the payment due to hardship from COVID-19.
(B) Management that receives a notice, pursuant to subparagraph (A), that a homeowner or resident needs additional time to make payment of the rent, utilities, or reasonable incidental charges shall grant the homeowner or resident a reasonable amount of additional time, but in no event less than one year, to make the payment.
(2) (A) 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 of your need for additional time to comply. Management must grant homeowners or residents impacted by COVID-19 a reasonable amount of additional time, but in no event more than one year, to comply with this notice.”
(B) A homeowner or resident who is impacted by the COVID-19 pandemic, as described in subdivision (k), shall have seven days from the date they receive the notice pursuant to subparagraph (A) to notify the management in writing of their need to have additional time to comply with the notice.
(C) Management that receives a notice, pursuant to
subparagraph (B), 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 a reasonable amount of additional time, but in no event more than one year, to comply with the notice issued pursuant to subdivision (d) of Section 798.56.
(c)The management shall grant a resident impacted by the COVID-19 pandemic a reasonable amount of additional time to make payments of overdue rent, utilities, and other park charges, or to comply with the requirements of any seven-day notice served upon the resident pursuant to subdivision (d) of Section 798.56.
(d)A resident’s tenancy shall not be terminated under this article if the resident indicates their intent to pay the overdue rent, utilities, or other charges of the park, or to comply with the requirements of any seven-day notice served upon the resident pursuant to subdivision (d) of Section 798.56, during a reasonable timeframe and follows the procedures
set forth in this section.
(e)The
(c) If a homeowner or resident provides written notice to the management that the homeowner or resident is impacted by the COVID-19 pandemic, as described in subdivision (k), the management shall not do any of the following with respect to a resident who is impacted by the COVID-19 pandemic pursuant to this section:
following:
(1) Impose a rent increase upon the homeowner or resident while the resident is in the process of making payments of overdue rent pursuant to this section. compliance with the terms of a payment recovery plan determined by a court pursuant to subdivision (d) or mutually agreed upon by the homeowner or resident and the management, relating to the payment of overdue rent.
(2) Impose additional service charges
charges, including otherwise permissible pass-through charges, late fees, or any other charges charges, upon the homeowner or resident on top of in addition to what is included in their base rent during the time in which
while the homeowner or resident is making
payments of the overdue rent. in compliance with the terms of a payment recovery plan determined by a court pursuant to subdivision (d) or mutually agreed upon by the homeowner or resident and the management, relating to the payment of overdue rent, utilities, or other charges.
(3) Seek to enforce the requirements of any seven-day notice
served upon 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 subdivision (d) of Section 798.56. 798.88.
(f)
(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, setting up establishing a payment recovery plan for the homeowner or resident with respect to overdue rent and allowing the
homeowner or resident to remain in their residence during the a payment recovery period. period determined by the court.
(g)A payment plan that is entered into by the parties shall be itemized on the resident’s rental invoice.
(e) Management shall
itemize the homeowner’s or resident’s rental invoice on any payment plan entered by the parties.
(h)
(f) Any rent or other charges owed by a homeowner or resident pursuant to this section shall be forgiven, in total or on a prorated basis, if the management of the park receives government funding relief for the loss of rent or charges due to the COVID-19 pandemic.
(i)The
A payment recovery period may continue determined by a court pursuant to subdivision (d) or a payment recovery period mutually agreed upon by the homeowner or resident and the management shall be extended through the end of the 2021 calendar year if the homeowner or
resident demonstrates that they have continued to suffer economic hardship due to the COVID-19 pandemic.
(j)If a
A homeowner or resident sells shall not sell or transfer their mobilehome during the payment recovery period, the resident shall complete their payments to the management before
before completing their payments pursuant to a recovery plan determined by a court pursuant to subdivision (d) or mutually agreed upon by the homeowner or resident and the management, unless the sale or transfer occurs. occurs by way of an irrevocable escrow instruction.
(k)
(i) This section shall not supersede a local ordinance that provides more protection to residents who are subject to this article.
(l)
(j) 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).
(m)
(k) For purposes of this section, a resident shall be presumed to be impacted by the COVID-19 pandemic if the resident provides reasonable evidence of any of the following:
(1) The
resident is unable to pay any part of the rent, utilities, or other charges of the park for which the resident is obligated, due to a job or income loss or reduction suffered as a proximate result of the COVID-19 pandemic.
(2) The resident is unable to comply with the requirements of any seven-day notice served by the park owner 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 resident’s home or space due to COVID-19-imposed restrictions.
(3) The resident is unable to comply with a seven-day notice served by the park owner
management pursuant to subdivision (d) of Section 798.56 due to an inability to relocate any person or persons residing in the resident’s mobilehome due to COVID-19-imposed restrictions.