Amended  IN  Senate  May 13, 2020
Amended  IN  Senate  April 15, 2020
Amended  IN  Senate  March 05, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 915

Introduced by Senator Leyva
(Principal coauthor: Senator Dodd)

February 03, 2020

An act to add Section 798.63 to the Civil Code, relating to mobilehomes.


LEGISLATIVE COUNSEL'S DIGEST


SB 915, as amended, Leyva. Mobilehome parks: emergency relief: coronavirus (COVID-19).
Existing law, the Mobilehome Residency Law, governs the terms and conditions of residency in mobilehome parks. Under existing law, the management of a mobilehome park may not terminate or refuse to renew a tenancy, except pursuant to certain procedures, and upon giving written notice to the homeowner of not less than 60 days. This law, among other things, defines “management” to mean the owner of a mobilehome park or an agent or representative authorized to act on the owner’s behalf in connection with matters relating to a tenancy in the park. Existing law defines a “resident” as a homeowner or other person who lawfully occupies a mobilehome.
This bill would prohibit the management of a mobilehome park from terminating or attempting to terminate the tenancy of a homeowner or resident who is impacted by the coronavirus (COVID-19) pandemic during a declared state of emergency or local emergency related to the COVID-19 pandemic, and during a 120-day time period after the declared emergency order is lifted. state of emergency or local emergency is terminated, unless necessary to protect the public health and safety. The bill would also prohibit prohibit, during this timeframe, the management of a mobilehome park from issuing a 60-day notice of termination of tenancy during this timeframe. certain notices relating to rent increases, termination of tenancy, or refusal to renew tenancy.
This bill would provide that a homeowner or resident impacted by the COVID-19 pandemic, as specified, shall have 15 days before the resident’s rent, utilities, and other park charges are due, or 7 days following receipt of a 7-day notice served upon the resident, until the amount due for the rent, utilities, or reasonable incidental charges has been unpaid for a period of at least 5 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 7-day notice, make that payment due to hardship from COVID-19. The bill would require the management that receives such a notice to grant a the homeowner or resident impacted by the COVID-19 pandemic a reasonable amount of additional time time, but in no event less than one year, to make payments of overdue rent, utilities, or other park charges, or to comply with a 7-day notice served upon the resident. The bill would prohibit a resident’s tenancy from being terminated if the resident indicates their intent to pay the overdue rent, utilities, or other park charges, or to comply with the requirements of any 7-day notice served upon the resident during a reasonable timeframe and follows the procedures set forth in the bill. the payments.
Existing law prohibits the management of a mobilehome park from terminating a tenancy unless for one of specified reasons, including, but not limited to, failure of the homeowner or resident to comply with a reasonable rule or regulation of the park that is part of the rental agreement, as specified. Under existing law, an act or omission of the homeowner or resident does not constitute such a failure unless and until the management has given the homeowner written notice of the alleged rule or regulation violation and the homeowner or resident has failed to adhere to the rule or regulation within 7 days, except as specified.
This bill would require a homeowner or resident who is impacted by the COVID-19 pandemic, as specified, to have 7 days from the date they receive a notice of a failure to comply with a reasonable rule or regulation of the park described above to notify the management in writing of their need to have additional time to comply with the notice. The bill would require management that receives such a notice to grant the homeowner or resident a reasonable amount of additional time, but in no event more than one year, to comply with the notice of the alleged rule or regulation violation. The bill would require a notice of a failure to comply with a reasonable rule or regulation of the park that is part of the rental agreement, as specified, issued during a declared state of emergency or local emergency related to the COVID-19 pandemic, and during a 120-day time period after the state of emergency or local emergency is terminated, to contain specified language describing these provisions of the bill printed in at least 12-point boldface type at the top of the notice.
Existing law authorizes the management of a mobilehome park to file a petition for an order to enjoin a continuing or recurring violation of a reasonable rule or regulation of the mobilehome park within the limited jurisdiction of the superior court of the county in which the mobilehome community is located.
The If a homeowner or resident who provides written notice to the management of the mobilehome park that the homeowner or resident is impacted by the COVID-19 pandemic, as specified, this bill would prohibit the management of the mobilehome park from seeking to enforce such an order, or imposing rent increases or other charges on top of in addition to what is included in the resident’s base rent during the time while the homeowner or resident is making payments of the overdue rent or from seeking to enforce the requirements of a 7-day notice served upon the resident, as specified. in compliance with the terms of a specified payment recovery plan. The bill would authorize a homeowner or resident who is prevented by management from exercising the rights provided for by the bill to bring a civil action and would authorize a court to order injunctive relief and other relief the court deems proper, as specified. The bill would require a payment plan entered into by the parties management to be itemized on itemize the homeowner’s or resident’s rental invoice. invoice on a payment plan entered by the parties. The bill would also require any rent or other charges owed by a resident pursuant to these provisions to 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. The bill would authorize the require a specified payment recovery period to continue 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 798.63 is added to the Civil Code, to read:

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.