CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 274Introduced by Senator DoddFebruary 13, 2019 An act to amend Sections 798.34 and 798.74 of, and to add Section 798.62 to, the Civil Code, relating to mobilehome residency. LEGISLATIVE COUNSEL'S DIGESTSB 274, as introduced, Dodd. Mobilehome parks: tenanciesThe Mobilehome Residency Law governs the terms and conditions of residency in mobilehome parks. The law requires, among other things, that the management of a mobilehome park comply with noticing and other specified requirements in order to terminate a tenancy in a mobilehome park because of a change of use of the mobilehome park.This bill would require management to offer the previous homeowner a right of first refusal to a renewed tenancy in the park on the same terms at the time of the natural disaster, if the park is destroyed due to a fire or other natural disaster and management elects to rebuild the park in the same location.The law provides that a homeowner may be charged a fee for an individual staying with the homeowner for more than 20 consecutive days or a total of 30 days in a calendar year. Existing law prohibits park management from charging a fee to an individual who lives alone and shares their occupancy with one other person, designated as a companion, provided that only one individual may be designated as a companion within a calendar year, except as specified. This bill would, instead, allow an individual to designate up to 3 companions in a calendar year, but no more than one companion at a time, unless otherwise authorized by management.Existing law grants management the right of prior approval of a purchaser of a mobilehome that will remain in the park, provided that approval cannot be withheld from a purchaser who has the financial ability to pay the rent and charges of the park, except as otherwise provided. Existing law requires park management to consider the amount and source of the purchasers gross monthly income or means of financial support when making this determination.This bill would allow the purchaser to provide, and require park management to consider, evidence of additional financial assets, including savings accounts, certificates of deposit, stock portfolios, real property, and any other financial asset that can be liquidated or sold, when making that determination.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 798.34 of the Civil Code is amended to read:798.34. (a) A homeowner shall not be charged a fee for a guest who does not stay with him or her the homeowner for more than a total of 20 consecutive days or a total of 30 days in a calendar year. A person who is a guest, as described in this subdivision, shall not be required to register with the management.(b) A homeowner who is living alone in the mobilehome and who wishes to share occupancy of his or her their mobilehome with one other person person, to be designated as the homeowners companion, may do so, and management shall not impose a fee shall not be imposed by management for that person. For purposes of this subdivision, a homeowner may only designate one person at a time as his or her a companion per calendar year, except in the case of the companions death. Park management and shall not designate more than three companions in total during any calendar year, unless otherwise authorized by management. Management may refuse to allow a homeowner to share his or her their mobilehome with a companion under this subdivision if park residency is subject to age restrictions and the proposed companion is unable or unwilling to provide documentation that the proposed companion meets those age restrictions.(c) A homeowner may share his or her their mobilehome with any person over 18 years of age if that person is providing live-in health care, live-in supportive care, or supervision to the homeowner. Management shall not charge a fee for the live-in caregiver but may require written confirmation from a licensed health care professional of the homeowners need for the care or supervision, if the need is not readily apparent or already known to management.(d) A senior homeowner who resides in a mobilehome park that has implemented rules or regulations limiting residency based on age requirements for housing for older persons, pursuant to Section 798.76, may share his or her their mobilehome with any person over 18 years of age if this person is a parent, sibling, child, or grandchild of the senior homeowner and requires live-in health care, live-in supportive care, or supervision. Management shall not charge a fee for this parent, sibling, child, or grandchild, but may require written confirmation from a licensed health care professional of the need for the care or supervision, if the need is not readily apparent or already known to management. As used in this section, senior homeowner means a homeowner who is 55 years of age or older.(e) A guest, companion, live-in caregiver, or family member under the care of a senior homeowner, as they are described in this section, shall have no rights of tenancy in the park, and any agreement between the homeowner and the guest, companion, live-in caregiver, or family member under the care of a senior homeowner shall not change the terms and conditions of the rental agreement between management and the homeowner.(f) A violation of the mobilehome park rules and regulations by a guest, companion, live-in caregiver, or family member under the care of a senior homeowner, as they are described in this section, shall be deemed a violation of the rules and regulations by the homeowner and subject to subdivision (d) of Section 798.56.(g) Nothing in this section shall be interpreted to create a duty on the part of park management to manage, supervise, or provide care for a homeowners guest, companion, live-in caregiver, or family member under the care of a senior homeowner, during that persons stay in the mobilehome park.SEC. 2. Section 798.62 is added to the Civil Code, to read:798.62. (a) If a mobilehome park is destroyed as a result of a wildfire or other natural disaster, and management elects to rebuild the park at the same location, management shall, before offering any tenancy in the rebuilt mobile park to the public pursuant to subdivision (b), first offer the previous homeowner a right of first refusal for a renewed tenancy in the rebuilt mobilehome park-management shall offer the previous homeowner a renewed tenancy on the same terms as the homeowners previous rental agreement that was in existence at the time of the wildfire or other natural disaster.(b) The right of first refusal shall run for a period of at least 180 days before management may offer tenancies at the rebuilt mobilehome park to the public.(c) For purposes of this section, previous homeowner means a homeowner with a valid tenancy in the previous mobilehome park at the time of the wildfire or other natural disaster. SEC. 3. 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 selling homeowner or his or her their 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 purchasers prior tenancies, he or she they will not comply with the rules and regulations of the park. In(b) (1) 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 their gross monthly income or means of financial support.(2) The purchaser may provide evidence of additional financial assets to management to be considered in their ability to pay the rents and charges of the park pursuant to paragraph (1), including, but not limited to:(A) Savings accounts.(B) Certificates of deposit.(C) Stock portfolios.(D) Trust interests of which the purchaser is a beneficiary.(E) Real property.(F) Similar financial assets that can be liquidated or sold.(3) Management shall consider evidence of all financial assets provided by the purchaser pursuant to this subdivision to determine whether the purchaser has the financial ability to pay the rent and charges of the park. Upon(c) Upon written 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(d) 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 managements 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)(e) 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 months 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.(e)This section shall become operative on July 1, 2016.
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 274Introduced by Senator DoddFebruary 13, 2019 An act to amend Sections 798.34 and 798.74 of, and to add Section 798.62 to, the Civil Code, relating to mobilehome residency. LEGISLATIVE COUNSEL'S DIGESTSB 274, as introduced, Dodd. Mobilehome parks: tenanciesThe Mobilehome Residency Law governs the terms and conditions of residency in mobilehome parks. The law requires, among other things, that the management of a mobilehome park comply with noticing and other specified requirements in order to terminate a tenancy in a mobilehome park because of a change of use of the mobilehome park.This bill would require management to offer the previous homeowner a right of first refusal to a renewed tenancy in the park on the same terms at the time of the natural disaster, if the park is destroyed due to a fire or other natural disaster and management elects to rebuild the park in the same location.The law provides that a homeowner may be charged a fee for an individual staying with the homeowner for more than 20 consecutive days or a total of 30 days in a calendar year. Existing law prohibits park management from charging a fee to an individual who lives alone and shares their occupancy with one other person, designated as a companion, provided that only one individual may be designated as a companion within a calendar year, except as specified. This bill would, instead, allow an individual to designate up to 3 companions in a calendar year, but no more than one companion at a time, unless otherwise authorized by management.Existing law grants management the right of prior approval of a purchaser of a mobilehome that will remain in the park, provided that approval cannot be withheld from a purchaser who has the financial ability to pay the rent and charges of the park, except as otherwise provided. Existing law requires park management to consider the amount and source of the purchasers gross monthly income or means of financial support when making this determination.This bill would allow the purchaser to provide, and require park management to consider, evidence of additional financial assets, including savings accounts, certificates of deposit, stock portfolios, real property, and any other financial asset that can be liquidated or sold, when making that determination.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Senate Bill No. 274
Introduced by Senator DoddFebruary 13, 2019
Introduced by Senator Dodd
February 13, 2019
An act to amend Sections 798.34 and 798.74 of, and to add Section 798.62 to, the Civil Code, relating to mobilehome residency.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 274, as introduced, Dodd. Mobilehome parks: tenancies
The Mobilehome Residency Law governs the terms and conditions of residency in mobilehome parks. The law requires, among other things, that the management of a mobilehome park comply with noticing and other specified requirements in order to terminate a tenancy in a mobilehome park because of a change of use of the mobilehome park.This bill would require management to offer the previous homeowner a right of first refusal to a renewed tenancy in the park on the same terms at the time of the natural disaster, if the park is destroyed due to a fire or other natural disaster and management elects to rebuild the park in the same location.The law provides that a homeowner may be charged a fee for an individual staying with the homeowner for more than 20 consecutive days or a total of 30 days in a calendar year. Existing law prohibits park management from charging a fee to an individual who lives alone and shares their occupancy with one other person, designated as a companion, provided that only one individual may be designated as a companion within a calendar year, except as specified. This bill would, instead, allow an individual to designate up to 3 companions in a calendar year, but no more than one companion at a time, unless otherwise authorized by management.Existing law grants management the right of prior approval of a purchaser of a mobilehome that will remain in the park, provided that approval cannot be withheld from a purchaser who has the financial ability to pay the rent and charges of the park, except as otherwise provided. Existing law requires park management to consider the amount and source of the purchasers gross monthly income or means of financial support when making this determination.This bill would allow the purchaser to provide, and require park management to consider, evidence of additional financial assets, including savings accounts, certificates of deposit, stock portfolios, real property, and any other financial asset that can be liquidated or sold, when making that determination.
The Mobilehome Residency Law governs the terms and conditions of residency in mobilehome parks. The law requires, among other things, that the management of a mobilehome park comply with noticing and other specified requirements in order to terminate a tenancy in a mobilehome park because of a change of use of the mobilehome park.
This bill would require management to offer the previous homeowner a right of first refusal to a renewed tenancy in the park on the same terms at the time of the natural disaster, if the park is destroyed due to a fire or other natural disaster and management elects to rebuild the park in the same location.
The law provides that a homeowner may be charged a fee for an individual staying with the homeowner for more than 20 consecutive days or a total of 30 days in a calendar year. Existing law prohibits park management from charging a fee to an individual who lives alone and shares their occupancy with one other person, designated as a companion, provided that only one individual may be designated as a companion within a calendar year, except as specified.
This bill would, instead, allow an individual to designate up to 3 companions in a calendar year, but no more than one companion at a time, unless otherwise authorized by management.
Existing law grants management the right of prior approval of a purchaser of a mobilehome that will remain in the park, provided that approval cannot be withheld from a purchaser who has the financial ability to pay the rent and charges of the park, except as otherwise provided. Existing law requires park management to consider the amount and source of the purchasers gross monthly income or means of financial support when making this determination.
This bill would allow the purchaser to provide, and require park management to consider, evidence of additional financial assets, including savings accounts, certificates of deposit, stock portfolios, real property, and any other financial asset that can be liquidated or sold, when making that determination.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 798.34 of the Civil Code is amended to read:798.34. (a) A homeowner shall not be charged a fee for a guest who does not stay with him or her the homeowner for more than a total of 20 consecutive days or a total of 30 days in a calendar year. A person who is a guest, as described in this subdivision, shall not be required to register with the management.(b) A homeowner who is living alone in the mobilehome and who wishes to share occupancy of his or her their mobilehome with one other person person, to be designated as the homeowners companion, may do so, and management shall not impose a fee shall not be imposed by management for that person. For purposes of this subdivision, a homeowner may only designate one person at a time as his or her a companion per calendar year, except in the case of the companions death. Park management and shall not designate more than three companions in total during any calendar year, unless otherwise authorized by management. Management may refuse to allow a homeowner to share his or her their mobilehome with a companion under this subdivision if park residency is subject to age restrictions and the proposed companion is unable or unwilling to provide documentation that the proposed companion meets those age restrictions.(c) A homeowner may share his or her their mobilehome with any person over 18 years of age if that person is providing live-in health care, live-in supportive care, or supervision to the homeowner. Management shall not charge a fee for the live-in caregiver but may require written confirmation from a licensed health care professional of the homeowners need for the care or supervision, if the need is not readily apparent or already known to management.(d) A senior homeowner who resides in a mobilehome park that has implemented rules or regulations limiting residency based on age requirements for housing for older persons, pursuant to Section 798.76, may share his or her their mobilehome with any person over 18 years of age if this person is a parent, sibling, child, or grandchild of the senior homeowner and requires live-in health care, live-in supportive care, or supervision. Management shall not charge a fee for this parent, sibling, child, or grandchild, but may require written confirmation from a licensed health care professional of the need for the care or supervision, if the need is not readily apparent or already known to management. As used in this section, senior homeowner means a homeowner who is 55 years of age or older.(e) A guest, companion, live-in caregiver, or family member under the care of a senior homeowner, as they are described in this section, shall have no rights of tenancy in the park, and any agreement between the homeowner and the guest, companion, live-in caregiver, or family member under the care of a senior homeowner shall not change the terms and conditions of the rental agreement between management and the homeowner.(f) A violation of the mobilehome park rules and regulations by a guest, companion, live-in caregiver, or family member under the care of a senior homeowner, as they are described in this section, shall be deemed a violation of the rules and regulations by the homeowner and subject to subdivision (d) of Section 798.56.(g) Nothing in this section shall be interpreted to create a duty on the part of park management to manage, supervise, or provide care for a homeowners guest, companion, live-in caregiver, or family member under the care of a senior homeowner, during that persons stay in the mobilehome park.SEC. 2. Section 798.62 is added to the Civil Code, to read:798.62. (a) If a mobilehome park is destroyed as a result of a wildfire or other natural disaster, and management elects to rebuild the park at the same location, management shall, before offering any tenancy in the rebuilt mobile park to the public pursuant to subdivision (b), first offer the previous homeowner a right of first refusal for a renewed tenancy in the rebuilt mobilehome park-management shall offer the previous homeowner a renewed tenancy on the same terms as the homeowners previous rental agreement that was in existence at the time of the wildfire or other natural disaster.(b) The right of first refusal shall run for a period of at least 180 days before management may offer tenancies at the rebuilt mobilehome park to the public.(c) For purposes of this section, previous homeowner means a homeowner with a valid tenancy in the previous mobilehome park at the time of the wildfire or other natural disaster. SEC. 3. 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 selling homeowner or his or her their 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 purchasers prior tenancies, he or she they will not comply with the rules and regulations of the park. In(b) (1) 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 their gross monthly income or means of financial support.(2) The purchaser may provide evidence of additional financial assets to management to be considered in their ability to pay the rents and charges of the park pursuant to paragraph (1), including, but not limited to:(A) Savings accounts.(B) Certificates of deposit.(C) Stock portfolios.(D) Trust interests of which the purchaser is a beneficiary.(E) Real property.(F) Similar financial assets that can be liquidated or sold.(3) Management shall consider evidence of all financial assets provided by the purchaser pursuant to this subdivision to determine whether the purchaser has the financial ability to pay the rent and charges of the park. Upon(c) Upon written 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(d) 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 managements 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)(e) 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 months 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.(e)This section shall become operative on July 1, 2016.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 798.34 of the Civil Code is amended to read:798.34. (a) A homeowner shall not be charged a fee for a guest who does not stay with him or her the homeowner for more than a total of 20 consecutive days or a total of 30 days in a calendar year. A person who is a guest, as described in this subdivision, shall not be required to register with the management.(b) A homeowner who is living alone in the mobilehome and who wishes to share occupancy of his or her their mobilehome with one other person person, to be designated as the homeowners companion, may do so, and management shall not impose a fee shall not be imposed by management for that person. For purposes of this subdivision, a homeowner may only designate one person at a time as his or her a companion per calendar year, except in the case of the companions death. Park management and shall not designate more than three companions in total during any calendar year, unless otherwise authorized by management. Management may refuse to allow a homeowner to share his or her their mobilehome with a companion under this subdivision if park residency is subject to age restrictions and the proposed companion is unable or unwilling to provide documentation that the proposed companion meets those age restrictions.(c) A homeowner may share his or her their mobilehome with any person over 18 years of age if that person is providing live-in health care, live-in supportive care, or supervision to the homeowner. Management shall not charge a fee for the live-in caregiver but may require written confirmation from a licensed health care professional of the homeowners need for the care or supervision, if the need is not readily apparent or already known to management.(d) A senior homeowner who resides in a mobilehome park that has implemented rules or regulations limiting residency based on age requirements for housing for older persons, pursuant to Section 798.76, may share his or her their mobilehome with any person over 18 years of age if this person is a parent, sibling, child, or grandchild of the senior homeowner and requires live-in health care, live-in supportive care, or supervision. Management shall not charge a fee for this parent, sibling, child, or grandchild, but may require written confirmation from a licensed health care professional of the need for the care or supervision, if the need is not readily apparent or already known to management. As used in this section, senior homeowner means a homeowner who is 55 years of age or older.(e) A guest, companion, live-in caregiver, or family member under the care of a senior homeowner, as they are described in this section, shall have no rights of tenancy in the park, and any agreement between the homeowner and the guest, companion, live-in caregiver, or family member under the care of a senior homeowner shall not change the terms and conditions of the rental agreement between management and the homeowner.(f) A violation of the mobilehome park rules and regulations by a guest, companion, live-in caregiver, or family member under the care of a senior homeowner, as they are described in this section, shall be deemed a violation of the rules and regulations by the homeowner and subject to subdivision (d) of Section 798.56.(g) Nothing in this section shall be interpreted to create a duty on the part of park management to manage, supervise, or provide care for a homeowners guest, companion, live-in caregiver, or family member under the care of a senior homeowner, during that persons stay in the mobilehome park.
SECTION 1. Section 798.34 of the Civil Code is amended to read:
### SECTION 1.
798.34. (a) A homeowner shall not be charged a fee for a guest who does not stay with him or her the homeowner for more than a total of 20 consecutive days or a total of 30 days in a calendar year. A person who is a guest, as described in this subdivision, shall not be required to register with the management.(b) A homeowner who is living alone in the mobilehome and who wishes to share occupancy of his or her their mobilehome with one other person person, to be designated as the homeowners companion, may do so, and management shall not impose a fee shall not be imposed by management for that person. For purposes of this subdivision, a homeowner may only designate one person at a time as his or her a companion per calendar year, except in the case of the companions death. Park management and shall not designate more than three companions in total during any calendar year, unless otherwise authorized by management. Management may refuse to allow a homeowner to share his or her their mobilehome with a companion under this subdivision if park residency is subject to age restrictions and the proposed companion is unable or unwilling to provide documentation that the proposed companion meets those age restrictions.(c) A homeowner may share his or her their mobilehome with any person over 18 years of age if that person is providing live-in health care, live-in supportive care, or supervision to the homeowner. Management shall not charge a fee for the live-in caregiver but may require written confirmation from a licensed health care professional of the homeowners need for the care or supervision, if the need is not readily apparent or already known to management.(d) A senior homeowner who resides in a mobilehome park that has implemented rules or regulations limiting residency based on age requirements for housing for older persons, pursuant to Section 798.76, may share his or her their mobilehome with any person over 18 years of age if this person is a parent, sibling, child, or grandchild of the senior homeowner and requires live-in health care, live-in supportive care, or supervision. Management shall not charge a fee for this parent, sibling, child, or grandchild, but may require written confirmation from a licensed health care professional of the need for the care or supervision, if the need is not readily apparent or already known to management. As used in this section, senior homeowner means a homeowner who is 55 years of age or older.(e) A guest, companion, live-in caregiver, or family member under the care of a senior homeowner, as they are described in this section, shall have no rights of tenancy in the park, and any agreement between the homeowner and the guest, companion, live-in caregiver, or family member under the care of a senior homeowner shall not change the terms and conditions of the rental agreement between management and the homeowner.(f) A violation of the mobilehome park rules and regulations by a guest, companion, live-in caregiver, or family member under the care of a senior homeowner, as they are described in this section, shall be deemed a violation of the rules and regulations by the homeowner and subject to subdivision (d) of Section 798.56.(g) Nothing in this section shall be interpreted to create a duty on the part of park management to manage, supervise, or provide care for a homeowners guest, companion, live-in caregiver, or family member under the care of a senior homeowner, during that persons stay in the mobilehome park.
798.34. (a) A homeowner shall not be charged a fee for a guest who does not stay with him or her the homeowner for more than a total of 20 consecutive days or a total of 30 days in a calendar year. A person who is a guest, as described in this subdivision, shall not be required to register with the management.(b) A homeowner who is living alone in the mobilehome and who wishes to share occupancy of his or her their mobilehome with one other person person, to be designated as the homeowners companion, may do so, and management shall not impose a fee shall not be imposed by management for that person. For purposes of this subdivision, a homeowner may only designate one person at a time as his or her a companion per calendar year, except in the case of the companions death. Park management and shall not designate more than three companions in total during any calendar year, unless otherwise authorized by management. Management may refuse to allow a homeowner to share his or her their mobilehome with a companion under this subdivision if park residency is subject to age restrictions and the proposed companion is unable or unwilling to provide documentation that the proposed companion meets those age restrictions.(c) A homeowner may share his or her their mobilehome with any person over 18 years of age if that person is providing live-in health care, live-in supportive care, or supervision to the homeowner. Management shall not charge a fee for the live-in caregiver but may require written confirmation from a licensed health care professional of the homeowners need for the care or supervision, if the need is not readily apparent or already known to management.(d) A senior homeowner who resides in a mobilehome park that has implemented rules or regulations limiting residency based on age requirements for housing for older persons, pursuant to Section 798.76, may share his or her their mobilehome with any person over 18 years of age if this person is a parent, sibling, child, or grandchild of the senior homeowner and requires live-in health care, live-in supportive care, or supervision. Management shall not charge a fee for this parent, sibling, child, or grandchild, but may require written confirmation from a licensed health care professional of the need for the care or supervision, if the need is not readily apparent or already known to management. As used in this section, senior homeowner means a homeowner who is 55 years of age or older.(e) A guest, companion, live-in caregiver, or family member under the care of a senior homeowner, as they are described in this section, shall have no rights of tenancy in the park, and any agreement between the homeowner and the guest, companion, live-in caregiver, or family member under the care of a senior homeowner shall not change the terms and conditions of the rental agreement between management and the homeowner.(f) A violation of the mobilehome park rules and regulations by a guest, companion, live-in caregiver, or family member under the care of a senior homeowner, as they are described in this section, shall be deemed a violation of the rules and regulations by the homeowner and subject to subdivision (d) of Section 798.56.(g) Nothing in this section shall be interpreted to create a duty on the part of park management to manage, supervise, or provide care for a homeowners guest, companion, live-in caregiver, or family member under the care of a senior homeowner, during that persons stay in the mobilehome park.
798.34. (a) A homeowner shall not be charged a fee for a guest who does not stay with him or her the homeowner for more than a total of 20 consecutive days or a total of 30 days in a calendar year. A person who is a guest, as described in this subdivision, shall not be required to register with the management.(b) A homeowner who is living alone in the mobilehome and who wishes to share occupancy of his or her their mobilehome with one other person person, to be designated as the homeowners companion, may do so, and management shall not impose a fee shall not be imposed by management for that person. For purposes of this subdivision, a homeowner may only designate one person at a time as his or her a companion per calendar year, except in the case of the companions death. Park management and shall not designate more than three companions in total during any calendar year, unless otherwise authorized by management. Management may refuse to allow a homeowner to share his or her their mobilehome with a companion under this subdivision if park residency is subject to age restrictions and the proposed companion is unable or unwilling to provide documentation that the proposed companion meets those age restrictions.(c) A homeowner may share his or her their mobilehome with any person over 18 years of age if that person is providing live-in health care, live-in supportive care, or supervision to the homeowner. Management shall not charge a fee for the live-in caregiver but may require written confirmation from a licensed health care professional of the homeowners need for the care or supervision, if the need is not readily apparent or already known to management.(d) A senior homeowner who resides in a mobilehome park that has implemented rules or regulations limiting residency based on age requirements for housing for older persons, pursuant to Section 798.76, may share his or her their mobilehome with any person over 18 years of age if this person is a parent, sibling, child, or grandchild of the senior homeowner and requires live-in health care, live-in supportive care, or supervision. Management shall not charge a fee for this parent, sibling, child, or grandchild, but may require written confirmation from a licensed health care professional of the need for the care or supervision, if the need is not readily apparent or already known to management. As used in this section, senior homeowner means a homeowner who is 55 years of age or older.(e) A guest, companion, live-in caregiver, or family member under the care of a senior homeowner, as they are described in this section, shall have no rights of tenancy in the park, and any agreement between the homeowner and the guest, companion, live-in caregiver, or family member under the care of a senior homeowner shall not change the terms and conditions of the rental agreement between management and the homeowner.(f) A violation of the mobilehome park rules and regulations by a guest, companion, live-in caregiver, or family member under the care of a senior homeowner, as they are described in this section, shall be deemed a violation of the rules and regulations by the homeowner and subject to subdivision (d) of Section 798.56.(g) Nothing in this section shall be interpreted to create a duty on the part of park management to manage, supervise, or provide care for a homeowners guest, companion, live-in caregiver, or family member under the care of a senior homeowner, during that persons stay in the mobilehome park.
798.34. (a) A homeowner shall not be charged a fee for a guest who does not stay with him or her the homeowner for more than a total of 20 consecutive days or a total of 30 days in a calendar year. A person who is a guest, as described in this subdivision, shall not be required to register with the management.
(b) A homeowner who is living alone in the mobilehome and who wishes to share occupancy of his or her their mobilehome with one other person person, to be designated as the homeowners companion, may do so, and management shall not impose a fee shall not be imposed by management for that person. For purposes of this subdivision, a homeowner may only designate one person at a time as his or her a companion per calendar year, except in the case of the companions death. Park management and shall not designate more than three companions in total during any calendar year, unless otherwise authorized by management. Management may refuse to allow a homeowner to share his or her their mobilehome with a companion under this subdivision if park residency is subject to age restrictions and the proposed companion is unable or unwilling to provide documentation that the proposed companion meets those age restrictions.
(c) A homeowner may share his or her their mobilehome with any person over 18 years of age if that person is providing live-in health care, live-in supportive care, or supervision to the homeowner. Management shall not charge a fee for the live-in caregiver but may require written confirmation from a licensed health care professional of the homeowners need for the care or supervision, if the need is not readily apparent or already known to management.
(d) A senior homeowner who resides in a mobilehome park that has implemented rules or regulations limiting residency based on age requirements for housing for older persons, pursuant to Section 798.76, may share his or her their mobilehome with any person over 18 years of age if this person is a parent, sibling, child, or grandchild of the senior homeowner and requires live-in health care, live-in supportive care, or supervision. Management shall not charge a fee for this parent, sibling, child, or grandchild, but may require written confirmation from a licensed health care professional of the need for the care or supervision, if the need is not readily apparent or already known to management. As used in this section, senior homeowner means a homeowner who is 55 years of age or older.
(e) A guest, companion, live-in caregiver, or family member under the care of a senior homeowner, as they are described in this section, shall have no rights of tenancy in the park, and any agreement between the homeowner and the guest, companion, live-in caregiver, or family member under the care of a senior homeowner shall not change the terms and conditions of the rental agreement between management and the homeowner.
(f) A violation of the mobilehome park rules and regulations by a guest, companion, live-in caregiver, or family member under the care of a senior homeowner, as they are described in this section, shall be deemed a violation of the rules and regulations by the homeowner and subject to subdivision (d) of Section 798.56.
(g) Nothing in this section shall be interpreted to create a duty on the part of park management to manage, supervise, or provide care for a homeowners guest, companion, live-in caregiver, or family member under the care of a senior homeowner, during that persons stay in the mobilehome park.
SEC. 2. Section 798.62 is added to the Civil Code, to read:798.62. (a) If a mobilehome park is destroyed as a result of a wildfire or other natural disaster, and management elects to rebuild the park at the same location, management shall, before offering any tenancy in the rebuilt mobile park to the public pursuant to subdivision (b), first offer the previous homeowner a right of first refusal for a renewed tenancy in the rebuilt mobilehome park-management shall offer the previous homeowner a renewed tenancy on the same terms as the homeowners previous rental agreement that was in existence at the time of the wildfire or other natural disaster.(b) The right of first refusal shall run for a period of at least 180 days before management may offer tenancies at the rebuilt mobilehome park to the public.(c) For purposes of this section, previous homeowner means a homeowner with a valid tenancy in the previous mobilehome park at the time of the wildfire or other natural disaster.
SEC. 2. Section 798.62 is added to the Civil Code, to read:
### SEC. 2.
798.62. (a) If a mobilehome park is destroyed as a result of a wildfire or other natural disaster, and management elects to rebuild the park at the same location, management shall, before offering any tenancy in the rebuilt mobile park to the public pursuant to subdivision (b), first offer the previous homeowner a right of first refusal for a renewed tenancy in the rebuilt mobilehome park-management shall offer the previous homeowner a renewed tenancy on the same terms as the homeowners previous rental agreement that was in existence at the time of the wildfire or other natural disaster.(b) The right of first refusal shall run for a period of at least 180 days before management may offer tenancies at the rebuilt mobilehome park to the public.(c) For purposes of this section, previous homeowner means a homeowner with a valid tenancy in the previous mobilehome park at the time of the wildfire or other natural disaster.
798.62. (a) If a mobilehome park is destroyed as a result of a wildfire or other natural disaster, and management elects to rebuild the park at the same location, management shall, before offering any tenancy in the rebuilt mobile park to the public pursuant to subdivision (b), first offer the previous homeowner a right of first refusal for a renewed tenancy in the rebuilt mobilehome park-management shall offer the previous homeowner a renewed tenancy on the same terms as the homeowners previous rental agreement that was in existence at the time of the wildfire or other natural disaster.(b) The right of first refusal shall run for a period of at least 180 days before management may offer tenancies at the rebuilt mobilehome park to the public.(c) For purposes of this section, previous homeowner means a homeowner with a valid tenancy in the previous mobilehome park at the time of the wildfire or other natural disaster.
798.62. (a) If a mobilehome park is destroyed as a result of a wildfire or other natural disaster, and management elects to rebuild the park at the same location, management shall, before offering any tenancy in the rebuilt mobile park to the public pursuant to subdivision (b), first offer the previous homeowner a right of first refusal for a renewed tenancy in the rebuilt mobilehome park-management shall offer the previous homeowner a renewed tenancy on the same terms as the homeowners previous rental agreement that was in existence at the time of the wildfire or other natural disaster.(b) The right of first refusal shall run for a period of at least 180 days before management may offer tenancies at the rebuilt mobilehome park to the public.(c) For purposes of this section, previous homeowner means a homeowner with a valid tenancy in the previous mobilehome park at the time of the wildfire or other natural disaster.
798.62. (a) If a mobilehome park is destroyed as a result of a wildfire or other natural disaster, and management elects to rebuild the park at the same location, management shall, before offering any tenancy in the rebuilt mobile park to the public pursuant to subdivision (b), first offer the previous homeowner a right of first refusal for a renewed tenancy in the rebuilt mobilehome park-management shall offer the previous homeowner a renewed tenancy on the same terms as the homeowners previous rental agreement that was in existence at the time of the wildfire or other natural disaster.
(b) The right of first refusal shall run for a period of at least 180 days before management may offer tenancies at the rebuilt mobilehome park to the public.
(c) For purposes of this section, previous homeowner means a homeowner with a valid tenancy in the previous mobilehome park at the time of the wildfire or other natural disaster.
SEC. 3. 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 selling homeowner or his or her their 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 purchasers prior tenancies, he or she they will not comply with the rules and regulations of the park. In(b) (1) 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 their gross monthly income or means of financial support.(2) The purchaser may provide evidence of additional financial assets to management to be considered in their ability to pay the rents and charges of the park pursuant to paragraph (1), including, but not limited to:(A) Savings accounts.(B) Certificates of deposit.(C) Stock portfolios.(D) Trust interests of which the purchaser is a beneficiary.(E) Real property.(F) Similar financial assets that can be liquidated or sold.(3) Management shall consider evidence of all financial assets provided by the purchaser pursuant to this subdivision to determine whether the purchaser has the financial ability to pay the rent and charges of the park. Upon(c) Upon written 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(d) 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 managements 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)(e) 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 months 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.(e)This section shall become operative on July 1, 2016.
SEC. 3. Section 798.74 of the Civil Code is amended to read:
### SEC. 3.
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 their 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 purchasers prior tenancies, he or she they will not comply with the rules and regulations of the park. In(b) (1) 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 their gross monthly income or means of financial support.(2) The purchaser may provide evidence of additional financial assets to management to be considered in their ability to pay the rents and charges of the park pursuant to paragraph (1), including, but not limited to:(A) Savings accounts.(B) Certificates of deposit.(C) Stock portfolios.(D) Trust interests of which the purchaser is a beneficiary.(E) Real property.(F) Similar financial assets that can be liquidated or sold.(3) Management shall consider evidence of all financial assets provided by the purchaser pursuant to this subdivision to determine whether the purchaser has the financial ability to pay the rent and charges of the park. Upon(c) Upon written 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(d) 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 managements 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)(e) 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 months 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.(e)This section shall become operative on July 1, 2016.
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 their 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 purchasers prior tenancies, he or she they will not comply with the rules and regulations of the park. In(b) (1) 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 their gross monthly income or means of financial support.(2) The purchaser may provide evidence of additional financial assets to management to be considered in their ability to pay the rents and charges of the park pursuant to paragraph (1), including, but not limited to:(A) Savings accounts.(B) Certificates of deposit.(C) Stock portfolios.(D) Trust interests of which the purchaser is a beneficiary.(E) Real property.(F) Similar financial assets that can be liquidated or sold.(3) Management shall consider evidence of all financial assets provided by the purchaser pursuant to this subdivision to determine whether the purchaser has the financial ability to pay the rent and charges of the park. Upon(c) Upon written 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(d) 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 managements 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)(e) 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 months 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.(e)This section shall become operative on July 1, 2016.
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 their 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 purchasers prior tenancies, he or she they will not comply with the rules and regulations of the park. In(b) (1) 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 their gross monthly income or means of financial support.(2) The purchaser may provide evidence of additional financial assets to management to be considered in their ability to pay the rents and charges of the park pursuant to paragraph (1), including, but not limited to:(A) Savings accounts.(B) Certificates of deposit.(C) Stock portfolios.(D) Trust interests of which the purchaser is a beneficiary.(E) Real property.(F) Similar financial assets that can be liquidated or sold.(3) Management shall consider evidence of all financial assets provided by the purchaser pursuant to this subdivision to determine whether the purchaser has the financial ability to pay the rent and charges of the park. Upon(c) Upon written 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(d) 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 managements 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)(e) 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 months 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.(e)This section shall become operative on July 1, 2016.
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 their 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 purchasers prior tenancies, he or she they will not comply with the rules and regulations of the park. In
(b) (1) 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 their gross monthly income or means of financial support.
(2) The purchaser may provide evidence of additional financial assets to management to be considered in their ability to pay the rents and charges of the park pursuant to paragraph (1), including, but not limited to:
(A) Savings accounts.
(B) Certificates of deposit.
(C) Stock portfolios.
(D) Trust interests of which the purchaser is a beneficiary.
(E) Real property.
(F) Similar financial assets that can be liquidated or sold.
(3) Management shall consider evidence of all financial assets provided by the purchaser pursuant to this subdivision to determine whether the purchaser has the financial ability to pay the rent and charges of the park.
Upon
(c) Upon written 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
(d) 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 managements 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)
(e) 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 months 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.
(e)This section shall become operative on July 1, 2016.