| 1 | 1 | | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 456Introduced by Assembly Member ConnollyFebruary 06, 2025 An act to amend Sections 798.73.5 and 798.74 of the Civil Code, relating to mobilehomes. LEGISLATIVE COUNSEL'S DIGESTAB 456, as introduced, Connolly. Mobilehome parks: sales or transfers: prospective purchasers of mobilehomes.Existing law, the Mobilehome Residency Law, prescribes various terms and conditions of tenancies in mobilehome parks. Existing law, in the case of a sale or transfer of a mobilehome that will remain in the park, authorizes the management of a mobilehome park to only require repairs or improvements to, among other structures, a mobilehome, under specified circumstances, including that the repair or improvement relates to the exterior of the mobilehome. Existing law also requires the management to provide a homeowner with a written summary of repairs or improvements that management requires to, among other structures, the mobilehome no later than 10 business days following the receipt of a request for this information, as specified.This bill would prohibit the management from requiring repairs or improvements to the interior of the mobilehome, preapprovals of the repairs or improvement, or a homeowner to obtain or provide an inspection of any portion of the interior of the mobilehome, as specified. The bill would instead require the management to provide a homeowner with the written summary of repairs or improvements no later than 15 days following receipt of a request. The bill would deem the management to have voluntarily waived any and all rights to require repairs or improvements if the management fails or refuses to provide a homeowner the written summary, except as specified.Existing law authorizes the management of a mobilehome park to require prior approval of a purchaser of a mobilehome that will remain in the park, as specified. Existing law requires management to notify the seller and the prospective purchaser, in writing, of either acceptance or rejection of the application within 15 days of receiving all of the information requested from the prospective purchaser.This bill would deem management to have approved the application of the prospective purchaser if management fails or refuses to notify the seller within 15 days of receiving the information.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 798.73.5 of the Civil Code is amended to read:798.73.5. (a) In the case of a sale or transfer of a mobilehome that will remain in the park, the management may only require repairs or improvements to the mobilehome, its appurtenances, or an accessory structure that meet all of the following conditions:(1) Except as provided by Section 798.83, the repair or improvement is to the mobilehome, its appurtenances, or an accessory structure that is not owned and installed by the management.(2) The repair or improvement is based upon or is required by a local ordinance or state statute or regulation relating to mobilehomes, or a rule or regulation of the mobilehome park that implements or enforces a local ordinance or a state statute or regulation relating to mobilehomes.(3) The repair or improvement relates to the exterior of the mobilehome, its appurtenances, or an accessory structure that is not owned and installed by the management.(b) In the case of a sale or transfer of a mobilehome that will remain in the park, the management shall not require any of the following:(1) Repairs or improvements to the interior of the mobilehome.(2) Preapproval of repairs or improvements to the interior of a mobilehome, except where a local or state permitting authority requires the consenting signature of the management in order to issue a requested permit for the work.(3) A homeowner to obtain or provide an inspection of any portion of the interior of a mobilehome, as a condition of approving a sale or transfer of a mobilehome that will remain in the park.(b)(c) (1) The management, in the case of sale or transfer of a mobilehome that will remain in the park, shall provide a homeowner with a written summary of repairs or improvements that management requires to the mobilehome, its appurtenances, or an accessory structure that is not owned and installed by the management no later than 10 15 business days following the receipt of a request for this information, as part of the notice required by Section 798.59. This summary shall include specific references to park rules and regulations, local ordinances, and state statutes and regulations relating to mobilehomes upon which the request for repair or improvement is based.(2) In the event that management fails or refuses to provide a homeowner a written summary of repairs and improvements required by paragraph (1), the management shall be deemed to have voluntarily waived any and all rights to require repairs or improvements to the mobilehome, its appurtenances, or an accessory structure, as a condition of the sale or transfer of a mobilehome, other than a repair or improvement that is required by local ordinances and statutes and regulations, due to, or based upon, health and safety.(c)(d) The provisions of this section enacted at the 19992000 Regular Session of the Legislature are declarative of existing law as they pertain to allowing park management to enforce park rules and regulations; these provisions specifically limit repairs and improvements that can be required of a homeowner by park management at the time of sale or transfer to the same repairs and improvements that can be required during any other time of a residency.SEC. 2. 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 prospective purchaser of a mobilehome that will remain in the park.(b) (1) A selling homeowner or their agent shall give notice of a sale of a mobilehome that will remain in the park to management before the close of the sale.(2) Management shall, within 15 days, provide the seller and the prospective purchaser both of the following, in writing, upon receiving the notice required in paragraph (1):(A) The standards that management customarily utilizes to approve a tenancy application, including the minimum reported credit score from a consumer credit reporting agency that management requires for approval.(B) A list of all documentation that management will require to determine if the prospective purchaser will qualify for tenancy in the park.(c) Management shall not withhold approval from a prospective purchase of a mobilehome unless any of the following apply:(1) Management reasonably determines that, based upon the purchasers prior tenancies, they will not comply with the rules and regulations of the park.(2) The purchaser does not have the financial ability to pay the rent, estimated utilities, and other charges of the park.(3) The purchaser has committed fraud, deceit, or concealment of material facts during the application process.(d) In determining whether the prospective purchaser has the financial ability to pay the rent and charges of the park pursuant to paragraph (2) of subdivision (c), the management may require the prospective purchaser to document the amount and source of their gross monthly income or means of financial support. However, management shall not require the prospective purchaser to submit any of the following:(1) Documentation beyond that disclosed pursuant to subparagraph (B) of paragraph (2) of subdivision (b).(2) Copies of any personal income tax returns.(e) (1) Within 15 business days of receiving all of the information requested from the prospective purchaser, management shall notify the seller and the prospective purchaser, in writing, of either acceptance or rejection of the application. During this 15-day period, the prospective purchaser shall comply with managements request, if any, for a personal interview.(2) (A) If management rejects the application, management shall state the reason for the rejection in accordance with subdivision (c). If the rejection is based upon an alleged lack of financial ability to pay the rent, estimated utilities, and other charges of the park, as described in paragraph (2) of subdivision (c), the prospective purchaser may elect to provide additional financial or asset information to management to demonstrate their financial ability to pay the rent, estimated utilities, and other charges of the park. For purposes of this paragraph, additional financial information includes, but is not limited to, the following:(i) Savings accounts.(ii) Certificates of deposit.(iii) Stock portfolios.(iv) Trust interests of which the purchaser is a beneficiary.(v) Real property.(vi) Similar financial assets that can be liquidated or sold.(B) If the prospective purchaser elects to provide additional financial and asset information specified in subparagraph (A), management shall consider the information together with the prospective purchasers gross monthly income to determine whether the purchaser has the financial ability to pay the rent, estimated utilities, and other charges of the park.(C) If a prospective purchaser provides additional financial and asset information, management may also consider any liabilities of the prospective purchaser when making a final determination of the prospective purchasers ability to pay the rent, estimated utilities, and other charges of the park under this subdivision.(3) If the management fails or refuses to notify the seller and the prospective purchaser, in writing, of either acceptance or rejection of the application pursuant to paragraph (1), the management shall be deemed to have approved the application of the prospective purchaser.(f) 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.(g) Management may be held liable by the selling homeowner for any and all damages proximately caused by managements failure to comply with this section.(h) For purposes of this section:(1) Charges means all charges authorized and imposed by management under Section 798.31.(2) Consumer credit reporting agency has the same meaning as defined in subdivision (d) of Section 1785.3.(3) Credit score has the same meaning as defined in subdivision (b) of Section 1785.15.1. |
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| 3 | 3 | | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 456Introduced by Assembly Member ConnollyFebruary 06, 2025 An act to amend Sections 798.73.5 and 798.74 of the Civil Code, relating to mobilehomes. LEGISLATIVE COUNSEL'S DIGESTAB 456, as introduced, Connolly. Mobilehome parks: sales or transfers: prospective purchasers of mobilehomes.Existing law, the Mobilehome Residency Law, prescribes various terms and conditions of tenancies in mobilehome parks. Existing law, in the case of a sale or transfer of a mobilehome that will remain in the park, authorizes the management of a mobilehome park to only require repairs or improvements to, among other structures, a mobilehome, under specified circumstances, including that the repair or improvement relates to the exterior of the mobilehome. Existing law also requires the management to provide a homeowner with a written summary of repairs or improvements that management requires to, among other structures, the mobilehome no later than 10 business days following the receipt of a request for this information, as specified.This bill would prohibit the management from requiring repairs or improvements to the interior of the mobilehome, preapprovals of the repairs or improvement, or a homeowner to obtain or provide an inspection of any portion of the interior of the mobilehome, as specified. The bill would instead require the management to provide a homeowner with the written summary of repairs or improvements no later than 15 days following receipt of a request. The bill would deem the management to have voluntarily waived any and all rights to require repairs or improvements if the management fails or refuses to provide a homeowner the written summary, except as specified.Existing law authorizes the management of a mobilehome park to require prior approval of a purchaser of a mobilehome that will remain in the park, as specified. Existing law requires management to notify the seller and the prospective purchaser, in writing, of either acceptance or rejection of the application within 15 days of receiving all of the information requested from the prospective purchaser.This bill would deem management to have approved the application of the prospective purchaser if management fails or refuses to notify the seller within 15 days of receiving the information.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION |
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| 11 | 11 | | Assembly Bill |
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| 13 | 13 | | No. 456 |
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| 15 | 15 | | Introduced by Assembly Member ConnollyFebruary 06, 2025 |
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| 17 | 17 | | Introduced by Assembly Member Connolly |
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| 18 | 18 | | February 06, 2025 |
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| 20 | 20 | | An act to amend Sections 798.73.5 and 798.74 of the Civil Code, relating to mobilehomes. |
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| 22 | 22 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 24 | 24 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 26 | 26 | | AB 456, as introduced, Connolly. Mobilehome parks: sales or transfers: prospective purchasers of mobilehomes. |
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| 28 | 28 | | Existing law, the Mobilehome Residency Law, prescribes various terms and conditions of tenancies in mobilehome parks. Existing law, in the case of a sale or transfer of a mobilehome that will remain in the park, authorizes the management of a mobilehome park to only require repairs or improvements to, among other structures, a mobilehome, under specified circumstances, including that the repair or improvement relates to the exterior of the mobilehome. Existing law also requires the management to provide a homeowner with a written summary of repairs or improvements that management requires to, among other structures, the mobilehome no later than 10 business days following the receipt of a request for this information, as specified.This bill would prohibit the management from requiring repairs or improvements to the interior of the mobilehome, preapprovals of the repairs or improvement, or a homeowner to obtain or provide an inspection of any portion of the interior of the mobilehome, as specified. The bill would instead require the management to provide a homeowner with the written summary of repairs or improvements no later than 15 days following receipt of a request. The bill would deem the management to have voluntarily waived any and all rights to require repairs or improvements if the management fails or refuses to provide a homeowner the written summary, except as specified.Existing law authorizes the management of a mobilehome park to require prior approval of a purchaser of a mobilehome that will remain in the park, as specified. Existing law requires management to notify the seller and the prospective purchaser, in writing, of either acceptance or rejection of the application within 15 days of receiving all of the information requested from the prospective purchaser.This bill would deem management to have approved the application of the prospective purchaser if management fails or refuses to notify the seller within 15 days of receiving the information. |
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| 30 | 30 | | Existing law, the Mobilehome Residency Law, prescribes various terms and conditions of tenancies in mobilehome parks. Existing law, in the case of a sale or transfer of a mobilehome that will remain in the park, authorizes the management of a mobilehome park to only require repairs or improvements to, among other structures, a mobilehome, under specified circumstances, including that the repair or improvement relates to the exterior of the mobilehome. Existing law also requires the management to provide a homeowner with a written summary of repairs or improvements that management requires to, among other structures, the mobilehome no later than 10 business days following the receipt of a request for this information, as specified. |
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| 32 | 32 | | This bill would prohibit the management from requiring repairs or improvements to the interior of the mobilehome, preapprovals of the repairs or improvement, or a homeowner to obtain or provide an inspection of any portion of the interior of the mobilehome, as specified. The bill would instead require the management to provide a homeowner with the written summary of repairs or improvements no later than 15 days following receipt of a request. The bill would deem the management to have voluntarily waived any and all rights to require repairs or improvements if the management fails or refuses to provide a homeowner the written summary, except as specified. |
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| 34 | 34 | | Existing law authorizes the management of a mobilehome park to require prior approval of a purchaser of a mobilehome that will remain in the park, as specified. Existing law requires management to notify the seller and the prospective purchaser, in writing, of either acceptance or rejection of the application within 15 days of receiving all of the information requested from the prospective purchaser. |
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| 36 | 36 | | This bill would deem management to have approved the application of the prospective purchaser if management fails or refuses to notify the seller within 15 days of receiving the information. |
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| 38 | 38 | | ## Digest Key |
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| 40 | 40 | | ## Bill Text |
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| 42 | 42 | | The people of the State of California do enact as follows:SECTION 1. Section 798.73.5 of the Civil Code is amended to read:798.73.5. (a) In the case of a sale or transfer of a mobilehome that will remain in the park, the management may only require repairs or improvements to the mobilehome, its appurtenances, or an accessory structure that meet all of the following conditions:(1) Except as provided by Section 798.83, the repair or improvement is to the mobilehome, its appurtenances, or an accessory structure that is not owned and installed by the management.(2) The repair or improvement is based upon or is required by a local ordinance or state statute or regulation relating to mobilehomes, or a rule or regulation of the mobilehome park that implements or enforces a local ordinance or a state statute or regulation relating to mobilehomes.(3) The repair or improvement relates to the exterior of the mobilehome, its appurtenances, or an accessory structure that is not owned and installed by the management.(b) In the case of a sale or transfer of a mobilehome that will remain in the park, the management shall not require any of the following:(1) Repairs or improvements to the interior of the mobilehome.(2) Preapproval of repairs or improvements to the interior of a mobilehome, except where a local or state permitting authority requires the consenting signature of the management in order to issue a requested permit for the work.(3) A homeowner to obtain or provide an inspection of any portion of the interior of a mobilehome, as a condition of approving a sale or transfer of a mobilehome that will remain in the park.(b)(c) (1) The management, in the case of sale or transfer of a mobilehome that will remain in the park, shall provide a homeowner with a written summary of repairs or improvements that management requires to the mobilehome, its appurtenances, or an accessory structure that is not owned and installed by the management no later than 10 15 business days following the receipt of a request for this information, as part of the notice required by Section 798.59. This summary shall include specific references to park rules and regulations, local ordinances, and state statutes and regulations relating to mobilehomes upon which the request for repair or improvement is based.(2) In the event that management fails or refuses to provide a homeowner a written summary of repairs and improvements required by paragraph (1), the management shall be deemed to have voluntarily waived any and all rights to require repairs or improvements to the mobilehome, its appurtenances, or an accessory structure, as a condition of the sale or transfer of a mobilehome, other than a repair or improvement that is required by local ordinances and statutes and regulations, due to, or based upon, health and safety.(c)(d) The provisions of this section enacted at the 19992000 Regular Session of the Legislature are declarative of existing law as they pertain to allowing park management to enforce park rules and regulations; these provisions specifically limit repairs and improvements that can be required of a homeowner by park management at the time of sale or transfer to the same repairs and improvements that can be required during any other time of a residency.SEC. 2. 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 prospective purchaser of a mobilehome that will remain in the park.(b) (1) A selling homeowner or their agent shall give notice of a sale of a mobilehome that will remain in the park to management before the close of the sale.(2) Management shall, within 15 days, provide the seller and the prospective purchaser both of the following, in writing, upon receiving the notice required in paragraph (1):(A) The standards that management customarily utilizes to approve a tenancy application, including the minimum reported credit score from a consumer credit reporting agency that management requires for approval.(B) A list of all documentation that management will require to determine if the prospective purchaser will qualify for tenancy in the park.(c) Management shall not withhold approval from a prospective purchase of a mobilehome unless any of the following apply:(1) Management reasonably determines that, based upon the purchasers prior tenancies, they will not comply with the rules and regulations of the park.(2) The purchaser does not have the financial ability to pay the rent, estimated utilities, and other charges of the park.(3) The purchaser has committed fraud, deceit, or concealment of material facts during the application process.(d) In determining whether the prospective purchaser has the financial ability to pay the rent and charges of the park pursuant to paragraph (2) of subdivision (c), the management may require the prospective purchaser to document the amount and source of their gross monthly income or means of financial support. However, management shall not require the prospective purchaser to submit any of the following:(1) Documentation beyond that disclosed pursuant to subparagraph (B) of paragraph (2) of subdivision (b).(2) Copies of any personal income tax returns.(e) (1) Within 15 business days of receiving all of the information requested from the prospective purchaser, management shall notify the seller and the prospective purchaser, in writing, of either acceptance or rejection of the application. During this 15-day period, the prospective purchaser shall comply with managements request, if any, for a personal interview.(2) (A) If management rejects the application, management shall state the reason for the rejection in accordance with subdivision (c). If the rejection is based upon an alleged lack of financial ability to pay the rent, estimated utilities, and other charges of the park, as described in paragraph (2) of subdivision (c), the prospective purchaser may elect to provide additional financial or asset information to management to demonstrate their financial ability to pay the rent, estimated utilities, and other charges of the park. For purposes of this paragraph, additional financial information includes, but is not limited to, the following:(i) Savings accounts.(ii) Certificates of deposit.(iii) Stock portfolios.(iv) Trust interests of which the purchaser is a beneficiary.(v) Real property.(vi) Similar financial assets that can be liquidated or sold.(B) If the prospective purchaser elects to provide additional financial and asset information specified in subparagraph (A), management shall consider the information together with the prospective purchasers gross monthly income to determine whether the purchaser has the financial ability to pay the rent, estimated utilities, and other charges of the park.(C) If a prospective purchaser provides additional financial and asset information, management may also consider any liabilities of the prospective purchaser when making a final determination of the prospective purchasers ability to pay the rent, estimated utilities, and other charges of the park under this subdivision.(3) If the management fails or refuses to notify the seller and the prospective purchaser, in writing, of either acceptance or rejection of the application pursuant to paragraph (1), the management shall be deemed to have approved the application of the prospective purchaser.(f) 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.(g) Management may be held liable by the selling homeowner for any and all damages proximately caused by managements failure to comply with this section.(h) For purposes of this section:(1) Charges means all charges authorized and imposed by management under Section 798.31.(2) Consumer credit reporting agency has the same meaning as defined in subdivision (d) of Section 1785.3.(3) Credit score has the same meaning as defined in subdivision (b) of Section 1785.15.1. |
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| 44 | 44 | | The people of the State of California do enact as follows: |
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| 46 | 46 | | ## The people of the State of California do enact as follows: |
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| 48 | 48 | | SECTION 1. Section 798.73.5 of the Civil Code is amended to read:798.73.5. (a) In the case of a sale or transfer of a mobilehome that will remain in the park, the management may only require repairs or improvements to the mobilehome, its appurtenances, or an accessory structure that meet all of the following conditions:(1) Except as provided by Section 798.83, the repair or improvement is to the mobilehome, its appurtenances, or an accessory structure that is not owned and installed by the management.(2) The repair or improvement is based upon or is required by a local ordinance or state statute or regulation relating to mobilehomes, or a rule or regulation of the mobilehome park that implements or enforces a local ordinance or a state statute or regulation relating to mobilehomes.(3) The repair or improvement relates to the exterior of the mobilehome, its appurtenances, or an accessory structure that is not owned and installed by the management.(b) In the case of a sale or transfer of a mobilehome that will remain in the park, the management shall not require any of the following:(1) Repairs or improvements to the interior of the mobilehome.(2) Preapproval of repairs or improvements to the interior of a mobilehome, except where a local or state permitting authority requires the consenting signature of the management in order to issue a requested permit for the work.(3) A homeowner to obtain or provide an inspection of any portion of the interior of a mobilehome, as a condition of approving a sale or transfer of a mobilehome that will remain in the park.(b)(c) (1) The management, in the case of sale or transfer of a mobilehome that will remain in the park, shall provide a homeowner with a written summary of repairs or improvements that management requires to the mobilehome, its appurtenances, or an accessory structure that is not owned and installed by the management no later than 10 15 business days following the receipt of a request for this information, as part of the notice required by Section 798.59. This summary shall include specific references to park rules and regulations, local ordinances, and state statutes and regulations relating to mobilehomes upon which the request for repair or improvement is based.(2) In the event that management fails or refuses to provide a homeowner a written summary of repairs and improvements required by paragraph (1), the management shall be deemed to have voluntarily waived any and all rights to require repairs or improvements to the mobilehome, its appurtenances, or an accessory structure, as a condition of the sale or transfer of a mobilehome, other than a repair or improvement that is required by local ordinances and statutes and regulations, due to, or based upon, health and safety.(c)(d) The provisions of this section enacted at the 19992000 Regular Session of the Legislature are declarative of existing law as they pertain to allowing park management to enforce park rules and regulations; these provisions specifically limit repairs and improvements that can be required of a homeowner by park management at the time of sale or transfer to the same repairs and improvements that can be required during any other time of a residency. |
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| 50 | 50 | | SECTION 1. Section 798.73.5 of the Civil Code is amended to read: |
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| 52 | 52 | | ### SECTION 1. |
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| 54 | 54 | | 798.73.5. (a) In the case of a sale or transfer of a mobilehome that will remain in the park, the management may only require repairs or improvements to the mobilehome, its appurtenances, or an accessory structure that meet all of the following conditions:(1) Except as provided by Section 798.83, the repair or improvement is to the mobilehome, its appurtenances, or an accessory structure that is not owned and installed by the management.(2) The repair or improvement is based upon or is required by a local ordinance or state statute or regulation relating to mobilehomes, or a rule or regulation of the mobilehome park that implements or enforces a local ordinance or a state statute or regulation relating to mobilehomes.(3) The repair or improvement relates to the exterior of the mobilehome, its appurtenances, or an accessory structure that is not owned and installed by the management.(b) In the case of a sale or transfer of a mobilehome that will remain in the park, the management shall not require any of the following:(1) Repairs or improvements to the interior of the mobilehome.(2) Preapproval of repairs or improvements to the interior of a mobilehome, except where a local or state permitting authority requires the consenting signature of the management in order to issue a requested permit for the work.(3) A homeowner to obtain or provide an inspection of any portion of the interior of a mobilehome, as a condition of approving a sale or transfer of a mobilehome that will remain in the park.(b)(c) (1) The management, in the case of sale or transfer of a mobilehome that will remain in the park, shall provide a homeowner with a written summary of repairs or improvements that management requires to the mobilehome, its appurtenances, or an accessory structure that is not owned and installed by the management no later than 10 15 business days following the receipt of a request for this information, as part of the notice required by Section 798.59. This summary shall include specific references to park rules and regulations, local ordinances, and state statutes and regulations relating to mobilehomes upon which the request for repair or improvement is based.(2) In the event that management fails or refuses to provide a homeowner a written summary of repairs and improvements required by paragraph (1), the management shall be deemed to have voluntarily waived any and all rights to require repairs or improvements to the mobilehome, its appurtenances, or an accessory structure, as a condition of the sale or transfer of a mobilehome, other than a repair or improvement that is required by local ordinances and statutes and regulations, due to, or based upon, health and safety.(c)(d) The provisions of this section enacted at the 19992000 Regular Session of the Legislature are declarative of existing law as they pertain to allowing park management to enforce park rules and regulations; these provisions specifically limit repairs and improvements that can be required of a homeowner by park management at the time of sale or transfer to the same repairs and improvements that can be required during any other time of a residency. |
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| 56 | 56 | | 798.73.5. (a) In the case of a sale or transfer of a mobilehome that will remain in the park, the management may only require repairs or improvements to the mobilehome, its appurtenances, or an accessory structure that meet all of the following conditions:(1) Except as provided by Section 798.83, the repair or improvement is to the mobilehome, its appurtenances, or an accessory structure that is not owned and installed by the management.(2) The repair or improvement is based upon or is required by a local ordinance or state statute or regulation relating to mobilehomes, or a rule or regulation of the mobilehome park that implements or enforces a local ordinance or a state statute or regulation relating to mobilehomes.(3) The repair or improvement relates to the exterior of the mobilehome, its appurtenances, or an accessory structure that is not owned and installed by the management.(b) In the case of a sale or transfer of a mobilehome that will remain in the park, the management shall not require any of the following:(1) Repairs or improvements to the interior of the mobilehome.(2) Preapproval of repairs or improvements to the interior of a mobilehome, except where a local or state permitting authority requires the consenting signature of the management in order to issue a requested permit for the work.(3) A homeowner to obtain or provide an inspection of any portion of the interior of a mobilehome, as a condition of approving a sale or transfer of a mobilehome that will remain in the park.(b)(c) (1) The management, in the case of sale or transfer of a mobilehome that will remain in the park, shall provide a homeowner with a written summary of repairs or improvements that management requires to the mobilehome, its appurtenances, or an accessory structure that is not owned and installed by the management no later than 10 15 business days following the receipt of a request for this information, as part of the notice required by Section 798.59. This summary shall include specific references to park rules and regulations, local ordinances, and state statutes and regulations relating to mobilehomes upon which the request for repair or improvement is based.(2) In the event that management fails or refuses to provide a homeowner a written summary of repairs and improvements required by paragraph (1), the management shall be deemed to have voluntarily waived any and all rights to require repairs or improvements to the mobilehome, its appurtenances, or an accessory structure, as a condition of the sale or transfer of a mobilehome, other than a repair or improvement that is required by local ordinances and statutes and regulations, due to, or based upon, health and safety.(c)(d) The provisions of this section enacted at the 19992000 Regular Session of the Legislature are declarative of existing law as they pertain to allowing park management to enforce park rules and regulations; these provisions specifically limit repairs and improvements that can be required of a homeowner by park management at the time of sale or transfer to the same repairs and improvements that can be required during any other time of a residency. |
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| 57 | 57 | | |
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| 58 | 58 | | 798.73.5. (a) In the case of a sale or transfer of a mobilehome that will remain in the park, the management may only require repairs or improvements to the mobilehome, its appurtenances, or an accessory structure that meet all of the following conditions:(1) Except as provided by Section 798.83, the repair or improvement is to the mobilehome, its appurtenances, or an accessory structure that is not owned and installed by the management.(2) The repair or improvement is based upon or is required by a local ordinance or state statute or regulation relating to mobilehomes, or a rule or regulation of the mobilehome park that implements or enforces a local ordinance or a state statute or regulation relating to mobilehomes.(3) The repair or improvement relates to the exterior of the mobilehome, its appurtenances, or an accessory structure that is not owned and installed by the management.(b) In the case of a sale or transfer of a mobilehome that will remain in the park, the management shall not require any of the following:(1) Repairs or improvements to the interior of the mobilehome.(2) Preapproval of repairs or improvements to the interior of a mobilehome, except where a local or state permitting authority requires the consenting signature of the management in order to issue a requested permit for the work.(3) A homeowner to obtain or provide an inspection of any portion of the interior of a mobilehome, as a condition of approving a sale or transfer of a mobilehome that will remain in the park.(b)(c) (1) The management, in the case of sale or transfer of a mobilehome that will remain in the park, shall provide a homeowner with a written summary of repairs or improvements that management requires to the mobilehome, its appurtenances, or an accessory structure that is not owned and installed by the management no later than 10 15 business days following the receipt of a request for this information, as part of the notice required by Section 798.59. This summary shall include specific references to park rules and regulations, local ordinances, and state statutes and regulations relating to mobilehomes upon which the request for repair or improvement is based.(2) In the event that management fails or refuses to provide a homeowner a written summary of repairs and improvements required by paragraph (1), the management shall be deemed to have voluntarily waived any and all rights to require repairs or improvements to the mobilehome, its appurtenances, or an accessory structure, as a condition of the sale or transfer of a mobilehome, other than a repair or improvement that is required by local ordinances and statutes and regulations, due to, or based upon, health and safety.(c)(d) The provisions of this section enacted at the 19992000 Regular Session of the Legislature are declarative of existing law as they pertain to allowing park management to enforce park rules and regulations; these provisions specifically limit repairs and improvements that can be required of a homeowner by park management at the time of sale or transfer to the same repairs and improvements that can be required during any other time of a residency. |
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| 59 | 59 | | |
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| 60 | 60 | | |
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| 61 | 61 | | |
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| 62 | 62 | | 798.73.5. (a) In the case of a sale or transfer of a mobilehome that will remain in the park, the management may only require repairs or improvements to the mobilehome, its appurtenances, or an accessory structure that meet all of the following conditions: |
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| 63 | 63 | | |
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| 64 | 64 | | (1) Except as provided by Section 798.83, the repair or improvement is to the mobilehome, its appurtenances, or an accessory structure that is not owned and installed by the management. |
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| 65 | 65 | | |
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| 66 | 66 | | (2) The repair or improvement is based upon or is required by a local ordinance or state statute or regulation relating to mobilehomes, or a rule or regulation of the mobilehome park that implements or enforces a local ordinance or a state statute or regulation relating to mobilehomes. |
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| 67 | 67 | | |
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| 68 | 68 | | (3) The repair or improvement relates to the exterior of the mobilehome, its appurtenances, or an accessory structure that is not owned and installed by the management. |
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| 69 | 69 | | |
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| 70 | 70 | | (b) In the case of a sale or transfer of a mobilehome that will remain in the park, the management shall not require any of the following: |
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| 71 | 71 | | |
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| 72 | 72 | | (1) Repairs or improvements to the interior of the mobilehome. |
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| 73 | 73 | | |
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| 74 | 74 | | (2) Preapproval of repairs or improvements to the interior of a mobilehome, except where a local or state permitting authority requires the consenting signature of the management in order to issue a requested permit for the work. |
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| 75 | 75 | | |
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| 76 | 76 | | (3) A homeowner to obtain or provide an inspection of any portion of the interior of a mobilehome, as a condition of approving a sale or transfer of a mobilehome that will remain in the park. |
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| 77 | 77 | | |
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| 78 | 78 | | (b) |
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| 79 | 79 | | |
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| 80 | 80 | | |
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| 81 | 81 | | |
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| 82 | 82 | | (c) (1) The management, in the case of sale or transfer of a mobilehome that will remain in the park, shall provide a homeowner with a written summary of repairs or improvements that management requires to the mobilehome, its appurtenances, or an accessory structure that is not owned and installed by the management no later than 10 15 business days following the receipt of a request for this information, as part of the notice required by Section 798.59. This summary shall include specific references to park rules and regulations, local ordinances, and state statutes and regulations relating to mobilehomes upon which the request for repair or improvement is based. |
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| 83 | 83 | | |
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| 84 | 84 | | (2) In the event that management fails or refuses to provide a homeowner a written summary of repairs and improvements required by paragraph (1), the management shall be deemed to have voluntarily waived any and all rights to require repairs or improvements to the mobilehome, its appurtenances, or an accessory structure, as a condition of the sale or transfer of a mobilehome, other than a repair or improvement that is required by local ordinances and statutes and regulations, due to, or based upon, health and safety. |
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| 85 | 85 | | |
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| 86 | 86 | | (c) |
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| 87 | 87 | | |
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| 88 | 88 | | |
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| 89 | 89 | | |
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| 90 | 90 | | (d) The provisions of this section enacted at the 19992000 Regular Session of the Legislature are declarative of existing law as they pertain to allowing park management to enforce park rules and regulations; these provisions specifically limit repairs and improvements that can be required of a homeowner by park management at the time of sale or transfer to the same repairs and improvements that can be required during any other time of a residency. |
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| 91 | 91 | | |
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| 92 | 92 | | SEC. 2. 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 prospective purchaser of a mobilehome that will remain in the park.(b) (1) A selling homeowner or their agent shall give notice of a sale of a mobilehome that will remain in the park to management before the close of the sale.(2) Management shall, within 15 days, provide the seller and the prospective purchaser both of the following, in writing, upon receiving the notice required in paragraph (1):(A) The standards that management customarily utilizes to approve a tenancy application, including the minimum reported credit score from a consumer credit reporting agency that management requires for approval.(B) A list of all documentation that management will require to determine if the prospective purchaser will qualify for tenancy in the park.(c) Management shall not withhold approval from a prospective purchase of a mobilehome unless any of the following apply:(1) Management reasonably determines that, based upon the purchasers prior tenancies, they will not comply with the rules and regulations of the park.(2) The purchaser does not have the financial ability to pay the rent, estimated utilities, and other charges of the park.(3) The purchaser has committed fraud, deceit, or concealment of material facts during the application process.(d) In determining whether the prospective purchaser has the financial ability to pay the rent and charges of the park pursuant to paragraph (2) of subdivision (c), the management may require the prospective purchaser to document the amount and source of their gross monthly income or means of financial support. However, management shall not require the prospective purchaser to submit any of the following:(1) Documentation beyond that disclosed pursuant to subparagraph (B) of paragraph (2) of subdivision (b).(2) Copies of any personal income tax returns.(e) (1) Within 15 business days of receiving all of the information requested from the prospective purchaser, management shall notify the seller and the prospective purchaser, in writing, of either acceptance or rejection of the application. During this 15-day period, the prospective purchaser shall comply with managements request, if any, for a personal interview.(2) (A) If management rejects the application, management shall state the reason for the rejection in accordance with subdivision (c). If the rejection is based upon an alleged lack of financial ability to pay the rent, estimated utilities, and other charges of the park, as described in paragraph (2) of subdivision (c), the prospective purchaser may elect to provide additional financial or asset information to management to demonstrate their financial ability to pay the rent, estimated utilities, and other charges of the park. For purposes of this paragraph, additional financial information includes, but is not limited to, the following:(i) Savings accounts.(ii) Certificates of deposit.(iii) Stock portfolios.(iv) Trust interests of which the purchaser is a beneficiary.(v) Real property.(vi) Similar financial assets that can be liquidated or sold.(B) If the prospective purchaser elects to provide additional financial and asset information specified in subparagraph (A), management shall consider the information together with the prospective purchasers gross monthly income to determine whether the purchaser has the financial ability to pay the rent, estimated utilities, and other charges of the park.(C) If a prospective purchaser provides additional financial and asset information, management may also consider any liabilities of the prospective purchaser when making a final determination of the prospective purchasers ability to pay the rent, estimated utilities, and other charges of the park under this subdivision.(3) If the management fails or refuses to notify the seller and the prospective purchaser, in writing, of either acceptance or rejection of the application pursuant to paragraph (1), the management shall be deemed to have approved the application of the prospective purchaser.(f) 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.(g) Management may be held liable by the selling homeowner for any and all damages proximately caused by managements failure to comply with this section.(h) For purposes of this section:(1) Charges means all charges authorized and imposed by management under Section 798.31.(2) Consumer credit reporting agency has the same meaning as defined in subdivision (d) of Section 1785.3.(3) Credit score has the same meaning as defined in subdivision (b) of Section 1785.15.1. |
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| 93 | 93 | | |
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| 94 | 94 | | SEC. 2. Section 798.74 of the Civil Code is amended to read: |
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| 95 | 95 | | |
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| 96 | 96 | | ### SEC. 2. |
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| 97 | 97 | | |
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| 98 | 98 | | 798.74. (a) The management may require the right of prior approval of a prospective purchaser of a mobilehome that will remain in the park.(b) (1) A selling homeowner or their agent shall give notice of a sale of a mobilehome that will remain in the park to management before the close of the sale.(2) Management shall, within 15 days, provide the seller and the prospective purchaser both of the following, in writing, upon receiving the notice required in paragraph (1):(A) The standards that management customarily utilizes to approve a tenancy application, including the minimum reported credit score from a consumer credit reporting agency that management requires for approval.(B) A list of all documentation that management will require to determine if the prospective purchaser will qualify for tenancy in the park.(c) Management shall not withhold approval from a prospective purchase of a mobilehome unless any of the following apply:(1) Management reasonably determines that, based upon the purchasers prior tenancies, they will not comply with the rules and regulations of the park.(2) The purchaser does not have the financial ability to pay the rent, estimated utilities, and other charges of the park.(3) The purchaser has committed fraud, deceit, or concealment of material facts during the application process.(d) In determining whether the prospective purchaser has the financial ability to pay the rent and charges of the park pursuant to paragraph (2) of subdivision (c), the management may require the prospective purchaser to document the amount and source of their gross monthly income or means of financial support. However, management shall not require the prospective purchaser to submit any of the following:(1) Documentation beyond that disclosed pursuant to subparagraph (B) of paragraph (2) of subdivision (b).(2) Copies of any personal income tax returns.(e) (1) Within 15 business days of receiving all of the information requested from the prospective purchaser, management shall notify the seller and the prospective purchaser, in writing, of either acceptance or rejection of the application. During this 15-day period, the prospective purchaser shall comply with managements request, if any, for a personal interview.(2) (A) If management rejects the application, management shall state the reason for the rejection in accordance with subdivision (c). If the rejection is based upon an alleged lack of financial ability to pay the rent, estimated utilities, and other charges of the park, as described in paragraph (2) of subdivision (c), the prospective purchaser may elect to provide additional financial or asset information to management to demonstrate their financial ability to pay the rent, estimated utilities, and other charges of the park. For purposes of this paragraph, additional financial information includes, but is not limited to, the following:(i) Savings accounts.(ii) Certificates of deposit.(iii) Stock portfolios.(iv) Trust interests of which the purchaser is a beneficiary.(v) Real property.(vi) Similar financial assets that can be liquidated or sold.(B) If the prospective purchaser elects to provide additional financial and asset information specified in subparagraph (A), management shall consider the information together with the prospective purchasers gross monthly income to determine whether the purchaser has the financial ability to pay the rent, estimated utilities, and other charges of the park.(C) If a prospective purchaser provides additional financial and asset information, management may also consider any liabilities of the prospective purchaser when making a final determination of the prospective purchasers ability to pay the rent, estimated utilities, and other charges of the park under this subdivision.(3) If the management fails or refuses to notify the seller and the prospective purchaser, in writing, of either acceptance or rejection of the application pursuant to paragraph (1), the management shall be deemed to have approved the application of the prospective purchaser.(f) 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.(g) Management may be held liable by the selling homeowner for any and all damages proximately caused by managements failure to comply with this section.(h) For purposes of this section:(1) Charges means all charges authorized and imposed by management under Section 798.31.(2) Consumer credit reporting agency has the same meaning as defined in subdivision (d) of Section 1785.3.(3) Credit score has the same meaning as defined in subdivision (b) of Section 1785.15.1. |
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| 99 | 99 | | |
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| 100 | 100 | | 798.74. (a) The management may require the right of prior approval of a prospective purchaser of a mobilehome that will remain in the park.(b) (1) A selling homeowner or their agent shall give notice of a sale of a mobilehome that will remain in the park to management before the close of the sale.(2) Management shall, within 15 days, provide the seller and the prospective purchaser both of the following, in writing, upon receiving the notice required in paragraph (1):(A) The standards that management customarily utilizes to approve a tenancy application, including the minimum reported credit score from a consumer credit reporting agency that management requires for approval.(B) A list of all documentation that management will require to determine if the prospective purchaser will qualify for tenancy in the park.(c) Management shall not withhold approval from a prospective purchase of a mobilehome unless any of the following apply:(1) Management reasonably determines that, based upon the purchasers prior tenancies, they will not comply with the rules and regulations of the park.(2) The purchaser does not have the financial ability to pay the rent, estimated utilities, and other charges of the park.(3) The purchaser has committed fraud, deceit, or concealment of material facts during the application process.(d) In determining whether the prospective purchaser has the financial ability to pay the rent and charges of the park pursuant to paragraph (2) of subdivision (c), the management may require the prospective purchaser to document the amount and source of their gross monthly income or means of financial support. However, management shall not require the prospective purchaser to submit any of the following:(1) Documentation beyond that disclosed pursuant to subparagraph (B) of paragraph (2) of subdivision (b).(2) Copies of any personal income tax returns.(e) (1) Within 15 business days of receiving all of the information requested from the prospective purchaser, management shall notify the seller and the prospective purchaser, in writing, of either acceptance or rejection of the application. During this 15-day period, the prospective purchaser shall comply with managements request, if any, for a personal interview.(2) (A) If management rejects the application, management shall state the reason for the rejection in accordance with subdivision (c). If the rejection is based upon an alleged lack of financial ability to pay the rent, estimated utilities, and other charges of the park, as described in paragraph (2) of subdivision (c), the prospective purchaser may elect to provide additional financial or asset information to management to demonstrate their financial ability to pay the rent, estimated utilities, and other charges of the park. For purposes of this paragraph, additional financial information includes, but is not limited to, the following:(i) Savings accounts.(ii) Certificates of deposit.(iii) Stock portfolios.(iv) Trust interests of which the purchaser is a beneficiary.(v) Real property.(vi) Similar financial assets that can be liquidated or sold.(B) If the prospective purchaser elects to provide additional financial and asset information specified in subparagraph (A), management shall consider the information together with the prospective purchasers gross monthly income to determine whether the purchaser has the financial ability to pay the rent, estimated utilities, and other charges of the park.(C) If a prospective purchaser provides additional financial and asset information, management may also consider any liabilities of the prospective purchaser when making a final determination of the prospective purchasers ability to pay the rent, estimated utilities, and other charges of the park under this subdivision.(3) If the management fails or refuses to notify the seller and the prospective purchaser, in writing, of either acceptance or rejection of the application pursuant to paragraph (1), the management shall be deemed to have approved the application of the prospective purchaser.(f) 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.(g) Management may be held liable by the selling homeowner for any and all damages proximately caused by managements failure to comply with this section.(h) For purposes of this section:(1) Charges means all charges authorized and imposed by management under Section 798.31.(2) Consumer credit reporting agency has the same meaning as defined in subdivision (d) of Section 1785.3.(3) Credit score has the same meaning as defined in subdivision (b) of Section 1785.15.1. |
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| 101 | 101 | | |
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| 102 | 102 | | 798.74. (a) The management may require the right of prior approval of a prospective purchaser of a mobilehome that will remain in the park.(b) (1) A selling homeowner or their agent shall give notice of a sale of a mobilehome that will remain in the park to management before the close of the sale.(2) Management shall, within 15 days, provide the seller and the prospective purchaser both of the following, in writing, upon receiving the notice required in paragraph (1):(A) The standards that management customarily utilizes to approve a tenancy application, including the minimum reported credit score from a consumer credit reporting agency that management requires for approval.(B) A list of all documentation that management will require to determine if the prospective purchaser will qualify for tenancy in the park.(c) Management shall not withhold approval from a prospective purchase of a mobilehome unless any of the following apply:(1) Management reasonably determines that, based upon the purchasers prior tenancies, they will not comply with the rules and regulations of the park.(2) The purchaser does not have the financial ability to pay the rent, estimated utilities, and other charges of the park.(3) The purchaser has committed fraud, deceit, or concealment of material facts during the application process.(d) In determining whether the prospective purchaser has the financial ability to pay the rent and charges of the park pursuant to paragraph (2) of subdivision (c), the management may require the prospective purchaser to document the amount and source of their gross monthly income or means of financial support. However, management shall not require the prospective purchaser to submit any of the following:(1) Documentation beyond that disclosed pursuant to subparagraph (B) of paragraph (2) of subdivision (b).(2) Copies of any personal income tax returns.(e) (1) Within 15 business days of receiving all of the information requested from the prospective purchaser, management shall notify the seller and the prospective purchaser, in writing, of either acceptance or rejection of the application. During this 15-day period, the prospective purchaser shall comply with managements request, if any, for a personal interview.(2) (A) If management rejects the application, management shall state the reason for the rejection in accordance with subdivision (c). If the rejection is based upon an alleged lack of financial ability to pay the rent, estimated utilities, and other charges of the park, as described in paragraph (2) of subdivision (c), the prospective purchaser may elect to provide additional financial or asset information to management to demonstrate their financial ability to pay the rent, estimated utilities, and other charges of the park. For purposes of this paragraph, additional financial information includes, but is not limited to, the following:(i) Savings accounts.(ii) Certificates of deposit.(iii) Stock portfolios.(iv) Trust interests of which the purchaser is a beneficiary.(v) Real property.(vi) Similar financial assets that can be liquidated or sold.(B) If the prospective purchaser elects to provide additional financial and asset information specified in subparagraph (A), management shall consider the information together with the prospective purchasers gross monthly income to determine whether the purchaser has the financial ability to pay the rent, estimated utilities, and other charges of the park.(C) If a prospective purchaser provides additional financial and asset information, management may also consider any liabilities of the prospective purchaser when making a final determination of the prospective purchasers ability to pay the rent, estimated utilities, and other charges of the park under this subdivision.(3) If the management fails or refuses to notify the seller and the prospective purchaser, in writing, of either acceptance or rejection of the application pursuant to paragraph (1), the management shall be deemed to have approved the application of the prospective purchaser.(f) 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.(g) Management may be held liable by the selling homeowner for any and all damages proximately caused by managements failure to comply with this section.(h) For purposes of this section:(1) Charges means all charges authorized and imposed by management under Section 798.31.(2) Consumer credit reporting agency has the same meaning as defined in subdivision (d) of Section 1785.3.(3) Credit score has the same meaning as defined in subdivision (b) of Section 1785.15.1. |
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| 103 | 103 | | |
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| 104 | 104 | | |
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| 105 | 105 | | |
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| 106 | 106 | | 798.74. (a) The management may require the right of prior approval of a prospective purchaser of a mobilehome that will remain in the park. |
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| 107 | 107 | | |
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| 108 | 108 | | (b) (1) A selling homeowner or their agent shall give notice of a sale of a mobilehome that will remain in the park to management before the close of the sale. |
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| 109 | 109 | | |
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| 110 | 110 | | (2) Management shall, within 15 days, provide the seller and the prospective purchaser both of the following, in writing, upon receiving the notice required in paragraph (1): |
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| 111 | 111 | | |
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| 112 | 112 | | (A) The standards that management customarily utilizes to approve a tenancy application, including the minimum reported credit score from a consumer credit reporting agency that management requires for approval. |
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| 113 | 113 | | |
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| 114 | 114 | | (B) A list of all documentation that management will require to determine if the prospective purchaser will qualify for tenancy in the park. |
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| 115 | 115 | | |
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| 116 | 116 | | (c) Management shall not withhold approval from a prospective purchase of a mobilehome unless any of the following apply: |
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| 117 | 117 | | |
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| 118 | 118 | | (1) Management reasonably determines that, based upon the purchasers prior tenancies, they will not comply with the rules and regulations of the park. |
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| 119 | 119 | | |
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| 120 | 120 | | (2) The purchaser does not have the financial ability to pay the rent, estimated utilities, and other charges of the park. |
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| 121 | 121 | | |
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| 122 | 122 | | (3) The purchaser has committed fraud, deceit, or concealment of material facts during the application process. |
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| 123 | 123 | | |
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| 124 | 124 | | (d) In determining whether the prospective purchaser has the financial ability to pay the rent and charges of the park pursuant to paragraph (2) of subdivision (c), the management may require the prospective purchaser to document the amount and source of their gross monthly income or means of financial support. However, management shall not require the prospective purchaser to submit any of the following: |
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| 125 | 125 | | |
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| 126 | 126 | | (1) Documentation beyond that disclosed pursuant to subparagraph (B) of paragraph (2) of subdivision (b). |
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| 127 | 127 | | |
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| 128 | 128 | | (2) Copies of any personal income tax returns. |
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| 129 | 129 | | |
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| 130 | 130 | | (e) (1) Within 15 business days of receiving all of the information requested from the prospective purchaser, management shall notify the seller and the prospective purchaser, in writing, of either acceptance or rejection of the application. During this 15-day period, the prospective purchaser shall comply with managements request, if any, for a personal interview. |
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| 131 | 131 | | |
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| 132 | 132 | | (2) (A) If management rejects the application, management shall state the reason for the rejection in accordance with subdivision (c). If the rejection is based upon an alleged lack of financial ability to pay the rent, estimated utilities, and other charges of the park, as described in paragraph (2) of subdivision (c), the prospective purchaser may elect to provide additional financial or asset information to management to demonstrate their financial ability to pay the rent, estimated utilities, and other charges of the park. For purposes of this paragraph, additional financial information includes, but is not limited to, the following: |
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| 133 | 133 | | |
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| 134 | 134 | | (i) Savings accounts. |
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| 135 | 135 | | |
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| 136 | 136 | | (ii) Certificates of deposit. |
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| 137 | 137 | | |
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| 138 | 138 | | (iii) Stock portfolios. |
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| 139 | 139 | | |
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| 140 | 140 | | (iv) Trust interests of which the purchaser is a beneficiary. |
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| 141 | 141 | | |
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| 142 | 142 | | (v) Real property. |
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| 143 | 143 | | |
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| 144 | 144 | | (vi) Similar financial assets that can be liquidated or sold. |
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| 145 | 145 | | |
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| 146 | 146 | | (B) If the prospective purchaser elects to provide additional financial and asset information specified in subparagraph (A), management shall consider the information together with the prospective purchasers gross monthly income to determine whether the purchaser has the financial ability to pay the rent, estimated utilities, and other charges of the park. |
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| 147 | 147 | | |
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| 148 | 148 | | (C) If a prospective purchaser provides additional financial and asset information, management may also consider any liabilities of the prospective purchaser when making a final determination of the prospective purchasers ability to pay the rent, estimated utilities, and other charges of the park under this subdivision. |
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| 149 | 149 | | |
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| 150 | 150 | | (3) If the management fails or refuses to notify the seller and the prospective purchaser, in writing, of either acceptance or rejection of the application pursuant to paragraph (1), the management shall be deemed to have approved the application of the prospective purchaser. |
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| 151 | 151 | | |
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| 152 | 152 | | (f) 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. |
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| 153 | 153 | | |
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| 154 | 154 | | (g) Management may be held liable by the selling homeowner for any and all damages proximately caused by managements failure to comply with this section. |
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| 155 | 155 | | |
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| 156 | 156 | | (h) For purposes of this section: |
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| 157 | 157 | | |
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| 158 | 158 | | (1) Charges means all charges authorized and imposed by management under Section 798.31. |
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| 159 | 159 | | |
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| 160 | 160 | | (2) Consumer credit reporting agency has the same meaning as defined in subdivision (d) of Section 1785.3. |
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| 161 | 161 | | |
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| 162 | 162 | | (3) Credit score has the same meaning as defined in subdivision (b) of Section 1785.15.1. |
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