| Old | New | Differences | |
|---|---|---|---|
| 1 | - | ||
| 1 | + | Amended IN Senate April 08, 2025 Amended IN Senate March 26, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 610Introduced by Senators Prez, Allen, and Wahab(Principal coauthors: Senators Cervantes, Cortese, Durazo, Gonzalez, Menjivar, and Smallwood-Cuevas)(Coauthors: Senators Cabaldon, Laird, and Reyes)February 20, 2025An act to amend Section 798.62 of, and to add Sections 798.30.7, 798.63, 798.64, 1941.8, and 1941.9 to, the Civil Code, to add Section 1179b to the Code of Civil Procedure, to add Section 338 to the Financial Code, and to amend Section 65863.7 of the Government Code, relating to housing.LEGISLATIVE COUNSEL'S DIGESTSB 610, as amended, Prez. Disaster assistance: tenants, mobilehome parks, and mortgages.(1) Existing law, the Mobilehome Residency Law, prescribes various terms and conditions of tenancies in mobilehome parks. Existing law defines tenancy for these purposes as the right of a homeowner to use a site within a mobilehome park on which to locate, maintain, and occupy a mobilehome for human habitation, including the use of the services and facilities of the park. Existing law prohibits, with certain exceptions, the management of a mobilehome park from increasing the gross rental rate for a tenancy in a qualified mobilehome park, as defined, more than 3% plus the percentage change in the cost of living, or 5%, whichever is lower, of the lowest gross rental rate charged for a tenancy at any time during the 12 months prior to the effective date of the increase, subject to specified conditions. This bill would prohibit management of a mobilehome park from, over the course of any 12-month period from the date on which any federal, state, or local state of emergency is first declared, increasing the gross rental rate for a tenancy in a mobilehome park by more than 3% plus the percentage change in the Consumer Price Index, or 5%, whichever is lower, of the lowest gross rental rate charged for the tenancy at any time during the 12 months prior to the effective date of the increase, subject to specified conditions and exceptions. The bill would require that these provisions govern the maximum amount that may be charged for rent if a local ordinance, rule, regulation, or initiative measure allows for a rental rate increase. By placing new requirements on local governments regarding rental rate increases, this bill would impose a state-mandated local program.Existing 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.Existing law requires management of a mobilehome park, if the park is destroyed due to a wildfire or other natural disaster and management elects to rebuild the park in the same location, to offer the previous homeowner a right of first refusal to a renewed tenancy in the park.This bill would recast those provisions, and instead would require management of a mobilehome park, if the park is damaged or destroyed due to a disaster, as defined, and management elects to rebuild, as defined, the park, to offer the previous homeowner a right of first refusal to a renewed tenancy in the park, subject to specified adjustments, and would make conforming changes.This bill would also, if a mobilehome park is damaged or destroyed as a result of a disaster and management owns one or more other mobilehome parks in California that have not been destroyed, require management to offer any space that is or becomes vacant to the previous homeowners on substantially the same terms as the previous homeowners rental agreement that was in existence at the time of the disaster, as provided, until the damaged or destroyed park has been rebuilt.(2) Existing law, the Planning and Zoning Law, requires a person or entity proposing a change in use of a mobilehome park to file a report on the impact of the conversion, closure, or cessation of use of the mobilehome park that includes a replacement and relocation plan, as specified. Existing law requires the legislative body or advisory agency to review the report before any change of use, as provided. Existing law establishes the Department of Housing and Community Development and requires it to administer various programs intended to promote the development of housing.This bill would require, if a closure, cessation, or change of use is the result of damage or destruction of the mobilehome park by a disaster, the person or entity proposing that closure, cessation, or change of use to file an impact report, as described in the paragraph above, which also includes an assessment by the Department of Housing and Community Development on the feasibility of reopening the park. By placing new requirements on local legislative bodies when approving permits for a change of use for mobilehome parks, this bill would impose a state-mandated local program.(3) Existing law regulates the terms and conditions of residential tenancies. Existing law requires the lessor of a building intended for human occupation to repair dilapidations, as specified, rendering it untenantable. Existing law requires a dwelling to be deemed untenantable if it substantially lacks certain affirmative standard characteristics.This bill would provide for the responsibilities of the landlord, or management of a mobilehome park, to repair or remediate damage sustained as a result of a disaster, and the remedies available to the tenant, or homeowner in a mobilehome park, if the landlord or management fails to perform those duties.(4) Existing law terminates the hiring of a thing by the destruction of the thing hired, or when the greater part of the thing hired perishes from any other cause than the want of ordinary care of the hirer.This bill would require the landlord to return to the tenant any advance rental payments made by the tenant when the hiring of residential real property is terminated due to damage or destruction of the property. The bill would also require management of a mobilehome park to return to the homeowner any advance rental payments made by the homeowner when the mobilehome tenancy is terminated due to damage or the destruction of the mobilehome park or any space as a result of a disaster. The bill would discharge the tenants or homeowners obligation to pay rent during any period during which a tenant or homeowner is unable to occupy their rental unit due to a mandatory evacuation order pursuant to a disaster, as provided.(5) Existing law establishes a procedure, known as an unlawful detainer action, that a landlord must follow in order to evict a tenant. Existing law provides that a tenant is subject to such an action if the tenant continues to possess the property without permission of the landlord under specified circumstances, including when the tenant has violated the lease by defaulting on rent or failing to perform a duty under the lease, but the landlord must first, among other notice requirements, give the tenant a 3-day notice to cure the violation or vacate.This bill would extend notice periods and deadlines for notices related to the termination of a tenancy or unlawful detainer proceedings, as provided.(6) Existing law makes the Commissioner of Financial Protection and Innovation the head of the Department of Financial Protection and Innovation, which executes the laws of this state relating to, among other things, residential mortgage lenders and servicers and mortgage loan originators employed or supervised by finance lenders or residential mortgage lenders.This bill would require the commissioner to, upon the declaration of a state of emergency due to wildfire, as specified, coordinate with mortgage lenders and servicers operating in this state to facilitate and monitor the implementation and promotion of mortgage forbearance, foreclosure prevention, and loss mitigation programs available to borrowers who experience a material decrease in household income or a material increase in household expenses due, directly or indirectly, to the wildfire emergency.(7) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 798.30.7 is added to the Civil Code, to read:798.30.7. (a) This section shall apply for a period of 12 months in any jurisdiction commencing on the date on which any federal, state, or local state of emergency is first declared.(b) (1) Subject to paragraph (2), management shall not, over the course of any 12-month period, increase the gross rental rate for a tenancy in a mobilehome park by more than 3 percent plus the percentage change in the Consumer Price Index, or 5 percent, whichever is lower, of the lowest gross rental rate charged for the tenancy at any time during the 12 months prior to the effective date of the increase.(2) If the same homeowner or successor in interest maintains a tenancy over any 12-month period, the total gross rental rate amount for the tenancy shall not be increased by more than two increments over that 12-month period, subject to the other restrictions of this subdivision governing gross rental rate increases.(3) For a new tenancy in which no homeowner from the prior tenancy remains in lawful possession of the mobilehome space, management may establish the initial rental rate not subject to paragraph (1), unless the applicable local agency or jurisdiction has adopted an ordinance, rule, regulation, or initiative measure that limits the allowable rental rate for a new tenancy, in which case that ordinance, rule, regulation, or initiative measure shall apply. Paragraph (1) shall be applicable to subsequent increases after that initial rental rate has been established, except as otherwise provided in this section.(c) A homeowner with a tenancy subject to this section shall not enter into a sublease that results in a total rent for the premises that exceeds the allowable rental rate authorized by subdivision (c) of Section 798.23.5. Nothing in this subdivision authorizes a homeowner to sublet or assign the homeowners interest where otherwise prohibited.(d) Management shall provide notice of any increase in the rental rate, pursuant to subdivision (b), to each homeowner in accordance with Section 798.30.(e) This section shall not apply to a tenancy for any of the following:(1) A mobilehome space restricted by deed, regulatory restriction contained in an agreement with a governmental agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code or comparable federal statutes.(2) A mobilehome space constructed and maintained in connection with any higher education institution within the state for use and occupancy by students in attendance at the institution.(3) A mobilehome space subject to any ordinance, rule, regulation, or initiative measure that restricts annual increases in the rental rate to an amount less than that provided in subdivision (b).(4) A mobilehome space within a resident-owned mobilehome park, as defined in Section 799.(f) Any waiver of the rights under this section shall be void as contrary to public policy.(g) For the purposes of this section: section, the following definitions apply:(1) Consumer Price Index for All Urban Consumers for All Items means the following:(A) The Consumer Price Index for All Urban Consumers for All Items (CPI-U) for the metropolitan area in which the property is located, as published by the United States Bureau of Labor Statistics, which are as follows:(i) The CPI-U for the Los Angeles-Long Beach-Anaheim metropolitan area covering the Counties of Los Angeles and Orange.(ii) The CPI-U for the Riverside-San Bernardino-Ontario metropolitan area covering the Counties of Riverside and San Bernardino.(iii) The CPI-U for the San Diego-Carlsbad metropolitan area covering the County of San Diego.(iv) The CPI-U for the San Francisco-Oakland-Hayward metropolitan area covering the Counties of Alameda, Contra Costa, Marin, San Francisco, San Mateo, and Santa Clara.(v) Any successor metropolitan area index to any of the indexes listed in clauses (i) to (iv), inclusive.(B) If the United States Bureau of Labor Statistics does not publish a CPI-U for the metropolitan area in which the property is located, the California Consumer Price Index for All Urban Consumers for All Items as published by the Department of Industrial Relations.(C) Commencing January 1, 2026, if the United States Bureau of Labor Statistics publishes a CPI-U index for one or more metropolitan areas not listed in subparagraph (A), that CPI-U index shall apply in those areas with respect to rent increases that take effect on or after August 1 of the calendar year in which the 12-month change in that CPI-U, as described in subparagraph (B) of paragraph (3), is first published.(2) Management means the management, as defined in Section 798.2, of a qualified mobilehome park.(3) (A) Percentage change in the cost of living means the percentage change in the applicable CPI-U, as described in paragraph (1) and computed pursuant to subparagraph (B) of this paragraph.(B) (i) For rent increases that take effect before August 1 of any calendar year, the following shall apply:(I) The percentage change shall be the percentage change in the amount published for April of the immediately preceding calendar year and April of the year before that.(II) If there is not an amount published in April for the applicable geographic area, the percentage change shall be the percentage change in the amount published for March of the immediately preceding calendar year and March of the year before that.(ii) For rent increases that take effect on or after August 1 of any calendar year, the following shall apply:(I) The percentage change shall be the percentage change in the amount published for April of that calendar year and April of the immediately preceding calendar year.(II) If there is not an amount published in April for the applicable geographic area, the percentage change shall be the percentage change in the amount published for March of that calendar year and March of the immediately preceding calendar year.(iii) The percentage change shall be rounded to the nearest one-tenth of 1 percent.(h) (1) Nothing in this section shall impair, preempt, or affect the authority of a local government to adopt or maintain an ordinance, rule, regulation, or initiative measure that establishes a maximum amount that may be charged for rent, or other regulations for a tenancy. However, if a local ordinance, rule, regulation, or initiative measure allows for a rental rate increase greater than that provided in subdivision (b), this section shall govern the maximum amount that may be charged for rent.(2) Nothing in this section alters the application of Section 798.45 or 798.49 to any ordinance, rule, regulation, or initiative measure that establishes a maximum amount that may be charged for rent.(3) This section is not intended to express any policy regarding the appropriate and allowable rental rate increase limitations when a local government or jurisdiction adopts an ordinance, rule, regulation, or initiative measure regulating rent increases, nor in connection with any mobilehome rent regulation that a local government has chosen to enact and administer, based upon the particular needs or economic conditions within the local jurisdiction.SEC. 2. Section 798.62 of the Civil Code is amended to read:798.62. (a) If a mobilehome park is damaged or destroyed as a result of a disaster, and management elects to rebuild the park, management shall offer a renewed tenancy in the rebuilt mobilehome park to all previous homeowners in accordance with the following:(1) The offer of renewed tenancy shall be on substantially the same terms as the previous homeowners rental agreement that was in existence at the time of the disaster. However, management may adjust terms in the previous rental agreement to reflect costs and expenses, not to exceed 10 percent of the previous rental rate charged for the space, to rebuild the park that were incurred from the time of the disaster until management received a final certificate of occupancy for all spaces in the park. These costs and expenses may include, but are not limited to, costs associated with demolition, reconstruction, and environmental remediation, as well as taxes and interest expenses, not to exceed 10 percent of the previous rental rate charged for the space.(2) Management shall provide the previous homeowner, upon request, a statement listing the costs and expenses incurred in rebuilding the park and how the costs and expenses relate to the adjustment of terms in the rental agreement.(3) The offer shall include an application to accept the renewed tenancy, the terms of the renewed tenancy, the deposit required to secure the renewed tenancy, and a clear statement of when the offer expires.(4) Management shall send each previous homeowner the offer by certified mail, at least 240 days before the park is reopened, to the last postal address for the previous homeowner known to management, which may be the previous homeowners former address within the park. If management has an email address or telephone number for the previous homeowner, management shall additionally attempt to notify the homeowner of the offer by those means.(5) A previous homeowner may accept the offer by submitting, within 60 days from the date the homeowner receives the offer, the application and required deposit to secure the renewed tenancy to management and sign a rental agreement. If the previous homeowner fails to accept the offer within this time period, then the previous homeowners right to a renewed tenancy under this section is deemed forfeited.(6) Management shall process applications for renewed tenancy on a first-come-first-served basis.(7) The previous homeowner shall not transfer the right to a renewed tenancy.(b) (1) If a mobilehome park is damaged or destroyed as a result of a disaster and management owns one or more other mobilehome parks in California that have not been destroyed, then, until the damaged or destroyed park has been rebuilt, the management shall offer any space that is or becomes vacant to the previous homeowners on substantially the same terms as the previous homeowners rental agreement that was in existence at the time of the disaster, except that management may increase the space rental rate by any amount that would have been legally permissible at the damaged or destroyed park.(2) (A) Management shall establish a roster of previous homeowners for the purpose of making the offers required by paragraph (1). After the initial roster has been established, the previous homeowner shall have the duty to provide management with current contract information.(B) If there are more previous homeowners than there are vacancies in the managements other parks, management shall, by a method that will ensure random selection, develop an ordered list of the previous homeowners and offer any vacancies in sequential order according to the list. (c) For purposes of this section, the following definitions apply:(1) Disaster means a natural or manmade emergency resulting from an earthquake, flood, fire, riot, storm, drought, plant or animal infestation or disease, pandemic or epidemic disease outbreak, or other natural or manmade disaster for which a state of emergency has been declared by the President of the United States or the Governor, or for which a local emergency has been declared by an official, board, or other governing body vested with authority to make that declaration in any county, city, or city and county in California.(2) Previous homeowner means a homeowner with a valid tenancy in a mobilehome park at the time of a disaster.(3) Rebuild means to re-establish or complete construction of any mobilehome space in California within 10 years of the disaster.SEC. 3. Section 798.63 is added to the Civil Code, immediately following Section 798.62, to read:798.63. (a) In addition to any other law, if a mobilehome park or mobilehome space has sustained damage as a result of a disaster, whether or not the damage renders the property untenantable, as defined in Section 1941.1, or according to the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code), it shall be the responsibility of management to repair or remediate that damage, including, but not limited to, all of the following:(1) Removal of debris caused by the disaster.(2) Repair or restoration of any damaged structural, mechanical, or aesthetic elements of the property, including, but not limited to, walls, floors, ceilings, windows, doors, and fixtures.(3) Mitigation of hazards arising from the disaster, including, but not limited to, the presence of mold, smoke, smoke residue, smoke odor, ash, asbestos, or water damage.(b) Until a determination has been made by a local public health agency or official that the debris from the disaster, including, but not limited to, ash, sludge, or runoff, does not contain toxic substances, the presence of the debris at the premises shall be presumed to render the premises untenantable pursuant to Section 1941.1.(c) Management shall complete the necessary cleaning, repairs, or remediation under this section within a reasonable time after the property sustains damage, taking into account the extent of the damage and the availability of materials and labor. Management shall follow any and all cleaning protocols issued by government officials, including contracting with licensed remediation companies where required. Management shall inform the homeowner in writing about all cleaning, repairs, and remediation completed, including detailed descriptions of any work undertaken, the qualifications of any contracted services, and copies of any environmental studies, testing, or reports conducted.(d) If management fails to perform the duties required under this section within a reasonable time after the property sustains damage, the homeowner may do any or all of the following:(1) Pursue the remedies provided under Section 1942, including the right to repair and deduct where applicable or to notify management that they are electing to terminate the tenancy, vacate the premises, and be discharged from any further obligations under the tenancy, including the duty to pay any rent due after the date the premises is vacated.(2) Reduce their rent in an amount proportional to the reduction in the use and enjoyment of the premises resulting from the damage. The reduction shall apply immediately upon notice to management.(3) Pursue any other remedies available under law.(e) Unless the homeowner elects to terminate the tenancy as set forth in paragraph (1) of subdivision (d), the tenancy shall remain in effect and the homeowner shall have the right to return to the mobilehome park or mobilehome space at the same rental rate as soon as it is safe and practicable.(f) In any unlawful detainer action by management to recover possession from a homeowner, a rebuttable presumption affecting the burden of producing evidence that management is unlawfully retaliating against the homeowner for exercising their rights under this section is created if all of the following conditions exist:(1) The mobilehome park or mobilehome space sustained damage as a result of a disaster.(2) Management failed to repair and remediate the damage as required by this section within a reasonable time after the disaster.(3) The notice to terminate tenancy was served on the homeowner before the damage has been repaired and remediated or within 180 days after the damage has been repaired or remediated.(g) The rights, obligations, and remedies under this section are cumulative and in addition to any other rights, obligations, or remedies available under federal, state, or local law.(h) Nothing in this section preempts any local ordinance from providing for additional protections for homeowners or imposing additional obligations on management.(i) For purposes of this section, disaster has the same meaning as in Section 798.62.SEC. 4. Section 798.64 is added to the Civil Code, immediately following Section 798.63, to read:798.64. (a) (1) When a mobilehome tenancy is terminated due to damage or the destruction of the mobilehome park or any space as a result of a disaster, management shall return to the homeowner any advance rental payments received from the homeowner that cover any period of time after the date of the termination.(2) Any payment required pursuant to paragraph (1) shall be made within 21 days of the date of the termination and shall be sent to the address provided by the homeowner. If the homeowner does not provide an address, mailings pursuant to this subdivision shall be sent to the address where the mobilehome was located.(3) For purposes of this subdivision, the date of the termination shall be the date upon which the mobilehome park or the mobilehome space was damaged or destroyed.(b) During any period that a homeowner is unable to occupy their mobilehome or mobilehome space due to a mandatory evacuation order pursuant to a disaster, the homeowners obligation to pay rent shall be discharged for the period during which the homeowner is required to be evacuated. If the homeowner has paid rent in advance for any portion of the evacuation period, management shall return that portion of prepaid rent to the homeowner within 10 calendar days after the evacuation order is lifted, or the homeowner may deduct that amount from the next months rent which becomes due and payable after the evacuation order is lifted.(c) For purposes of this section, disaster has the same meaning as in Section 798.62.SEC. 5. Section 1941.8 is added to the Civil Code, to read:1941.8. (a) In addition to any other law, if a residential rental property has sustained damage as a result of a disaster, as defined in Section 798.62, whether or not the damage renders the property untenantable, as defined in Section 1941.1, it shall be the responsibility of the landlord to repair or remediate that damage, including, but not limited to, all of the following:(1) Removal of debris caused by the disaster.(2) Repair or restoration of any damaged structural, mechanical, or aesthetic elements of the property, including, but not limited to, walls, floors, ceilings, windows, doors, and fixtures.(3) Mitigation of hazards arising from the disaster, including, but not limited to, the presence of mold, smoke, smoke residue, smoke odor, ash, asbestos, or water damage.(b) Until a determination has been made by a local public health agency or official that the debris from the disaster, including, but not limited to, ash, sludge, or runoff, does not contain toxic substances, the presence of the debris at the premises shall be presumed to render the premises untenantable pursuant to Section 1941.1.(c) The landlord shall complete the necessary cleaning, repairs, or remediation under this section within a reasonable time after the property sustains damage, taking into account the extent of the damage and the availability of materials and labor. The landlord shall follow any and all cleaning protocols issued by government officials, including contracting with licensed remediation companies where required. The landlord shall inform the tenant in writing about all cleaning, repairs, and remediation completed, including detailed descriptions of any work undertaken, the qualifications of any contracted services, and copies of any environmental studies, testing, or reports conducted.(d) If the landlord fails to perform the duties required under this section within a reasonable time after the property sustains damage, the tenant may do any or all of the following:(1) Pursue the remedies provided under Section 1942, including the right to repair and deduct where applicable or to notify the landlord that they are electing to terminate the tenancy, vacate the premises, and be discharged from any further obligations under the tenancy, including the duty to pay any rent due after the date the premises is vacated.(2) Reduce their rent in an amount proportional to the reduction in the use and enjoyment of the premises resulting from the damage. The reduction shall apply immediately upon notice to the landlord.(3) Pursue any other remedies available under law.(e) Unless the tenant elects to terminate the tenancy as set forth in paragraph (1) of subdivision (d), the tenancy shall remain in effect and the tenant shall have the right to return to the rental property at the same rental rate as soon as it is safe and practicable.(f) In any unlawful detainer action by the landlord to recover possession from a tenant, a rebuttable presumption affecting the burden of producing evidence that the landlord is unlawfully retaliating against the tenant for exercising their rights under this section is created if all of the following conditions exist:(1) The residential rental property sustained damage as a result of a disaster.(2) The landlord failed to repair and remediate the damage as required by this section within a reasonable time after the disaster.(3) The notice to terminate tenancy was served on the tenant before the damage has been repaired and remediated or within 180 days after the damage has been repaired or remediated.(g) The rights, obligations, and remedies under this section are cumulative and in addition to any other rights, obligations, or remedies available under federal, state, or local law.(h) Nothing in this section preempts any local ordinance from providing for additional protections for tenants or imposing additional obligations on the landlord.SEC. 6. Section 1941.9 is added to the Civil Code, to read:1941.9. (a) (1) When the hiring of residential real property is terminated pursuant to paragraph (2) of Section 1932 or paragraph (4) of Section 1933, the landlord shall return to the tenant any advance rental payments made by the tenant that cover any period after the date of the termination.(2) Any payment from the landlord to the tenant required pursuant to paragraph (1) shall be made within 21 days of the date of the termination and shall be sent to the address provided by the tenant. If the hirer does not provide an address, mailings pursuant to this subdivision shall be sent to the address of the unit that was the subject of the terminated hiring.(3) For purposes of this subdivision, the date of the termination shall be either of the following, as applicable:(A) The date that the tenant informs the landlord or the landlords agent of the tenants intent to terminate the hiring pursuant to paragraph (2) of Section 1932.(B) The date that the residential real property was destroyed, if the termination happened pursuant to paragraph (4) of Section 1933.(b) During any period during which a tenant in residential real property is unable to occupy their rental unit due to a mandatory evacuation order pursuant to a disaster, as defined in Section 798.62, the tenants obligation to pay rent shall be discharged for the period during which the tenant must be evacuated. If the tenant already paid rent for the period of an evacuation, the landlord shall return the rent within 10 calendar days after the evacuation order is lifted or the tenant may deduct the amount from the next months rent.SEC. 7. Section 1179b is added to the Code of Civil Procedure, immediately following Section 1179a, to read:1179b. (a) Notwithstanding Section 1167.5, in any county in which a state of emergency is declared by the President of the United States, or by the Governor pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code), the following notice periods and deadlines are extended for notices related to the termination of a tenancy or unlawful detainer proceedings:(1) From 3 to 15 days for all of the following:(A) Notice pursuant to paragraph (2) of Section 1161.(B) Notice pursuant to paragraph (3) of Section 1161.(C) Notice pursuant to paragraph (4) of Section 1161.(D) Notice from the management to a homeowner or legal owner, junior lienholder, or registered owner, pursuant to subdivision (c) of Section 798.55 of the Civil Code.(E) The time for a homeowner to cure nonpayment of rent, utility charges, or reasonable incidental service charges after being given written notice of the alleged nonpayment pursuant to paragraphs (1) and (2) of subdivision (e) of Section 798.56 of the Civil Code. This subparagraph does not reduce or affect the five-day period that management is required to wait from the due date before giving notice of nonpayment of rent.(2) From 5 to 30 days for both of the following:(A) Notice to an alleged unlawful occupant pursuant to subdivision (c) of Section 798.75 of the Civil Code.(B) The time period for an occupant to vacate real property pursuant to a writ of possession pursuant to Section 715.010.(3) From 10 to 30 days for all of the following:(A) The time for a defendant to file a response pursuant to subdivision (a) of Section 1167.(B) The time for an occupant to file a prejudgment claim of right to possession pursuant to Section 1174.25.(C) The time for a homeowner or resident to respond or cure an alleged rule or regulation violation pursuant to subdivision (d) of Section 798.56.(4) From 10 to 60 days for both of the following:(A) The additional time, beyond the time for appeal, for which a trial court may stay the enforcement of an unlawful detainer judgment pursuant to Section 918.(B) Notice from management of belief of abandonment pursuant to subdivision (b) of Section 798.61 of the Civil Code.(5) From 10 to 90 days for the time for which service of an unlawful detainer summon shall be deemed complete pursuant to subdivision (c) of Section 415.45.(6) From 30 to 60 days for the notice of termination of a tenancy of less than one year and from 60 to 90 days for the notice of termination of a tenancy of more than one year pursuant to Section 1946.1 of the Civil Code.(7) From 60 to 180 days for the notice period for management to notify a homeowner of its intent to terminate or refuse to renew a tenancy pursuant to Section 798.55 of the Civil Code.(8) From 90 days to 180 days for both of the following:(A) A notice of termination of tenancy pursuant to Section 1954.535 of the Civil Code.(B) A notice pursuant to Section 1161b.(b) Notwithstanding Section 1167.5, and in addition to the extensions of time set forth in subdivision (a), the declaration of a federal, state, or local emergency shall automatically toll any notice period or deadline under this chapter that was pending at the time the emergency is declared for 15 calendar days following the declaration.(c) This section sets the minimum timeline extension and tolling applicable to unlawful detainer proceedings during a declared state of emergency. Nothing in this section shall be interpreted to prevent the establishment of longer timelines by rule of court.SEC. 8. Section 338 is added to the Financial Code, to read:338. Upon declaration of a state of emergency, pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) due to a wildfire, including, but not limited to, any unplanned, unwanted wildland fire, including unauthorized human-caused fires, escaped wildland fire use events, escaped prescribed fire projects, and all other wildland fires where the objective is to extinguish the fire, the commissioner shall coordinate with mortgage lenders and servicers, including those who lend money in connection with the purchase of a mobilehome as that term is defined in Section 798.3 of the Civil Code, operating in this state to facilitate and monitor the implementation and promotion of mortgage forbearance, foreclosure prevention, and loss mitigation programs available to borrowers who experience a material decrease in household income or a material increase in household expenses due, directly or indirectly, to the wildfire emergency.SEC. 9. Section 65863.7 of the Government Code is amended to read:65863.7. (a) (1) (A) Prior to the conversion of a mobilehome park to another use, except pursuant to the Subdivision Map Act (Division 2 (commencing with Section 66410)), or prior to closure of a mobilehome park or cessation of use of the land as a mobilehome park, the person or entity proposing the change in use shall file a report on the impact of the conversion, closure, or cessation of use of the mobilehome park. The report shall include a replacement and relocation plan that adequately mitigates the impact upon the ability of the displaced residents of the mobilehome park to be converted or closed to find adequate housing in a mobilehome park.(B) (i) If the proposed closure, cessation, or change of use is related to damage or destruction by a disaster, as described in subdivision (k), the impact report described in subparagraph (A) shall also include an assessment by the Department of Housing and Community Development on the feasibility of reopening the park. (ii) For purposes of this subparagraph, management, as defined in Section 798.2 of the Civil Code, is the person or entity proposing the change in use for purposes of preparing the impact report required by this section and is required to take steps to mitigate the adverse impact of the change as may be required in subdivision (e).(2) (A) If a displaced resident cannot obtain adequate housing in another mobilehome park, the person or entity proposing the change of use shall pay to the displaced resident the in-place market value of the displaced residents mobilehome.(B) For the purposes of this paragraph, except as specified in subparagraph (B) of paragraph (1) of subdivision (e), in-place market value shall be determined by a state-certified appraiser with experience establishing the value of mobilehomes. The appraisal shall be based upon the current in-place location of the mobilehome and shall assume the continuation of the mobilehome park.(C) The person or entity proposing the change of use shall pay for an appraisal specified in subparagraph (B) and shall include the appraisal in the report specified in paragraph (1).(b) The person proposing the change in use shall provide a copy of the report to a resident of each mobilehome in the mobilehome park at least 60 days prior to the hearing, if any, on the impact report by the advisory agency, or if there is no advisory agency, by the legislative body.(c) When the impact report is filed prior to the closure or cessation of use, the person or entity proposing the change shall provide a copy of the report to a resident of each mobilehome in the mobilehome park at the same time as the notice of the change is provided to the residents pursuant to paragraph (2) of subdivision (g) of Section 798.56 of the Civil Code.(d) When the impact report is filed prior to the closure or cessation of use, the person or entity filing the report or park resident may request, and shall have a right to, a hearing before the legislative body on the sufficiency of the report.(e) (1) Before the approval of any change of use, the legislative body, or its delegated advisory agency, shall do all of the following:(A) Review the report and any additional relevant documentation.(B) Make a finding as to whether or not approval of the park closure and the parks conversion into its intended new use, taking into consideration both the impact report as a whole and the overall housing availability within the local jurisdiction, will result in or materially contribute to a shortage of housing opportunities and choices for low- and moderate-income households within the local jurisdiction.(2) The legislative body, or its delegated advisory agency, may require, as a condition of the change, the person or entity proposing the change in use to take steps to mitigate any adverse impact of the conversion, closure, or cessation of use on the ability of displaced mobilehome park residents to find adequate housing in a mobilehome park.(f) If the closure or cessation of use of a mobilehome park results from the entry of an order for relief in bankruptcy, the provisions of this section shall not be applicable.(g) The legislative body may establish reasonable fees pursuant to Section 66016 to cover any costs incurred by the local agency in implementing this section and Section 65863.8. Those fees shall be paid by the person or entity proposing the change in use.(h) This section is applicable to charter cities.(i) This section is applicable when the closure, cessation, or change of use is the result of a decision by a local governmental entity or planning agency not to renew a conditional use permit or zoning variance under which the mobilehome park has operated, or as a result of any other zoning or planning decision, action, or inaction. In this case, the local governmental agency is the person proposing the change in use for the purposes of preparing the impact report required by this section and is required to take steps to mitigate the adverse impact of the change as may be required in subdivision (e).(j) This section is applicable when the closure, cessation, or change of use is the result of a decision by an enforcement agency, as defined in Section 18207 of the Health and Safety Code, to suspend the permit to operate the mobilehome park. In this case, the mobilehome park owner is the person proposing the change in use for purposes of preparing the impact report required by this section and is required to take steps to mitigate the adverse impact of the change as may be required in subdivision (e).(k) This section is applicable when the closure, cessation, or change of use is the result of damage or destruction of the mobilehome park by a disaster as defined in Section 798.62 of the Civil Code. (l) This section establishes a minimum standard for local regulation of the conversion of a mobilehome park to another use, the closure of a mobilehome park, and the cessation of use of the land as a mobilehome park and shall not prevent a local agency from enacting more stringent measures.SEC. 10. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Senate April 08, 2025 Amended IN Senate March 26, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 610Introduced by Senators Prez, Allen, and Wahab(Principal coauthors: Senators Cervantes, Cortese, Durazo, Gonzalez, Menjivar, and Smallwood-Cuevas)(Coauthors: Senators Cabaldon, Laird, and Reyes)February 20, 2025An act to amend Section 798.62 of, and to add Sections 798.30.7, 798.63, 798.64, 1941.8, and 1941.9 to, the Civil Code, to add Section 1179b to the Code of Civil Procedure, to add Section 338 to the Financial Code, and to amend Section 65863.7 of the Government Code, relating to housing.LEGISLATIVE COUNSEL'S DIGESTSB 610, as amended, Prez. Disaster assistance: tenants, mobilehome parks, and mortgages.(1) Existing law, the Mobilehome Residency Law, prescribes various terms and conditions of tenancies in mobilehome parks. Existing law defines tenancy for these purposes as the right of a homeowner to use a site within a mobilehome park on which to locate, maintain, and occupy a mobilehome for human habitation, including the use of the services and facilities of the park. Existing law prohibits, with certain exceptions, the management of a mobilehome park from increasing the gross rental rate for a tenancy in a qualified mobilehome park, as defined, more than 3% plus the percentage change in the cost of living, or 5%, whichever is lower, of the lowest gross rental rate charged for a tenancy at any time during the 12 months prior to the effective date of the increase, subject to specified conditions. This bill would prohibit management of a mobilehome park from, over the course of any 12-month period from the date on which any federal, state, or local state of emergency is first declared, increasing the gross rental rate for a tenancy in a mobilehome park by more than 3% plus the percentage change in the Consumer Price Index, or 5%, whichever is lower, of the lowest gross rental rate charged for the tenancy at any time during the 12 months prior to the effective date of the increase, subject to specified conditions and exceptions. The bill would require that these provisions govern the maximum amount that may be charged for rent if a local ordinance, rule, regulation, or initiative measure allows for a rental rate increase. By placing new requirements on local governments regarding rental rate increases, this bill would impose a state-mandated local program.Existing 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.Existing law requires management of a mobilehome park, if the park is destroyed due to a wildfire or other natural disaster and management elects to rebuild the park in the same location, to offer the previous homeowner a right of first refusal to a renewed tenancy in the park.This bill would recast those provisions, and instead would require management of a mobilehome park, if the park is damaged or destroyed due to a disaster, as defined, and management elects to rebuild, as defined, the park, to offer the previous homeowner a right of first refusal to a renewed tenancy in the park, subject to specified adjustments, and would make conforming changes.This bill would also, if a mobilehome park is damaged or destroyed as a result of a disaster and management owns one or more other mobilehome parks in California that have not been destroyed, require management to offer any space that is or becomes vacant to the previous homeowners on substantially the same terms as the previous homeowners rental agreement that was in existence at the time of the disaster, as provided, until the damaged or destroyed park has been rebuilt.(2) Existing law, the Planning and Zoning Law, requires a person or entity proposing a change in use of a mobilehome park to file a report on the impact of the conversion, closure, or cessation of use of the mobilehome park that includes a replacement and relocation plan, as specified. Existing law requires the legislative body or advisory agency to review the report before any change of use, as provided. Existing law establishes the Department of Housing and Community Development and requires it to administer various programs intended to promote the development of housing.This bill would require, if a closure, cessation, or change of use is the result of damage or destruction of the mobilehome park by a disaster, the person or entity proposing that closure, cessation, or change of use to file an impact report, as described in the paragraph above, which also includes an assessment by the Department of Housing and Community Development on the feasibility of reopening the park. By placing new requirements on local legislative bodies when approving permits for a change of use for mobilehome parks, this bill would impose a state-mandated local program.(3) Existing law regulates the terms and conditions of residential tenancies. Existing law requires the lessor of a building intended for human occupation to repair dilapidations, as specified, rendering it untenantable. Existing law requires a dwelling to be deemed untenantable if it substantially lacks certain affirmative standard characteristics.This bill would provide for the responsibilities of the landlord, or management of a mobilehome park, to repair or remediate damage sustained as a result of a disaster, and the remedies available to the tenant, or homeowner in a mobilehome park, if the landlord or management fails to perform those duties.(4) Existing law terminates the hiring of a thing by the destruction of the thing hired, or when the greater part of the thing hired perishes from any other cause than the want of ordinary care of the hirer.This bill would require the landlord to return to the tenant any advance rental payments made by the tenant when the hiring of residential real property is terminated due to damage or destruction of the property. The bill would also require management of a mobilehome park to return to the homeowner any advance rental payments made by the homeowner when the mobilehome tenancy is terminated due to damage or the destruction of the mobilehome park or any space as a result of a disaster. The bill would discharge the tenants or homeowners obligation to pay rent during any period during which a tenant or homeowner is unable to occupy their rental unit due to a mandatory evacuation order pursuant to a disaster, as provided.(5) Existing law establishes a procedure, known as an unlawful detainer action, that a landlord must follow in order to evict a tenant. Existing law provides that a tenant is subject to such an action if the tenant continues to possess the property without permission of the landlord under specified circumstances, including when the tenant has violated the lease by defaulting on rent or failing to perform a duty under the lease, but the landlord must first, among other notice requirements, give the tenant a 3-day notice to cure the violation or vacate.This bill would extend notice periods and deadlines for notices related to the termination of a tenancy or unlawful detainer proceedings, as provided.(6) Existing law makes the Commissioner of Financial Protection and Innovation the head of the Department of Financial Protection and Innovation, which executes the laws of this state relating to, among other things, residential mortgage lenders and servicers and mortgage loan originators employed or supervised by finance lenders or residential mortgage lenders.This bill would require the commissioner to, upon the declaration of a state of emergency due to wildfire, as specified, coordinate with mortgage lenders and servicers operating in this state to facilitate and monitor the implementation and promotion of mortgage forbearance, foreclosure prevention, and loss mitigation programs available to borrowers who experience a material decrease in household income or a material increase in household expenses due, directly or indirectly, to the wildfire emergency.(7) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Senate April 08, 2025 Amended IN Senate March 26, 2025 | |
| 6 | 6 | ||
| 7 | - | Amended IN Senate April 21, 2025 | |
| 8 | 7 | Amended IN Senate April 08, 2025 | |
| 9 | 8 | Amended IN Senate March 26, 2025 | |
| 10 | - | ||
| 11 | - | ||
| 12 | 9 | ||
| 13 | 10 | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION | |
| 14 | 11 | ||
| 15 | 12 | Senate Bill | |
| 16 | 13 | ||
| 17 | 14 | No. 610 | |
| 18 | 15 | ||
| 19 | - | Introduced by Senators Prez, Allen, and Wahab(Principal coauthors: Senators Cervantes, Durazo, Gonzalez, Menjivar, and Smallwood-Cuevas)(Coauthors: Senators Cabaldon, Laird, and Reyes)February 20, 2025 | |
| 16 | + | Introduced by Senators Prez, Allen, and Wahab(Principal coauthors: Senators Cervantes, Cortese, Durazo, Gonzalez, Menjivar, and Smallwood-Cuevas)(Coauthors: Senators Cabaldon, Laird, and Reyes)February 20, 2025 | |
| 20 | 17 | ||
| 21 | - | Introduced by Senators Prez, Allen, and Wahab(Principal coauthors: Senators Cervantes, Durazo, Gonzalez, Menjivar, and Smallwood-Cuevas)(Coauthors: Senators Cabaldon, Laird, and Reyes) | |
| 18 | + | Introduced by Senators Prez, Allen, and Wahab(Principal coauthors: Senators Cervantes, Cortese, Durazo, Gonzalez, Menjivar, and Smallwood-Cuevas)(Coauthors: Senators Cabaldon, Laird, and Reyes) | |
| 22 | 19 | February 20, 2025 | |
| 23 | - | ||
| 24 | - | ||
| 25 | 20 | ||
| 26 | 21 | An act to amend Section 798.62 of, and to add Sections 798.30.7, 798.63, 798.64, 1941.8, and 1941.9 to, the Civil Code, to add Section 1179b to the Code of Civil Procedure, to add Section 338 to the Financial Code, and to amend Section 65863.7 of the Government Code, relating to housing. | |
| 27 | 22 | ||
| 28 | 23 | LEGISLATIVE COUNSEL'S DIGEST | |
| 29 | 24 | ||
| 30 | 25 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 31 | 26 | ||
| 32 | 27 | SB 610, as amended, Prez. Disaster assistance: tenants, mobilehome parks, and mortgages. | |
| 33 | 28 | ||
| 34 | 29 | (1) Existing law, the Mobilehome Residency Law, prescribes various terms and conditions of tenancies in mobilehome parks. Existing law defines tenancy for these purposes as the right of a homeowner to use a site within a mobilehome park on which to locate, maintain, and occupy a mobilehome for human habitation, including the use of the services and facilities of the park. Existing law prohibits, with certain exceptions, the management of a mobilehome park from increasing the gross rental rate for a tenancy in a qualified mobilehome park, as defined, more than 3% plus the percentage change in the cost of living, or 5%, whichever is lower, of the lowest gross rental rate charged for a tenancy at any time during the 12 months prior to the effective date of the increase, subject to specified conditions. This bill would prohibit management of a mobilehome park from, over the course of any 12-month period from the date on which any federal, state, or local state of emergency is first declared, increasing the gross rental rate for a tenancy in a mobilehome park by more than 3% plus the percentage change in the Consumer Price Index, or 5%, whichever is lower, of the lowest gross rental rate charged for the tenancy at any time during the 12 months prior to the effective date of the increase, subject to specified conditions and exceptions. The bill would require that these provisions govern the maximum amount that may be charged for rent if a local ordinance, rule, regulation, or initiative measure allows for a rental rate increase. By placing new requirements on local governments regarding rental rate increases, this bill would impose a state-mandated local program.Existing 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.Existing law requires management of a mobilehome park, if the park is destroyed due to a wildfire or other natural disaster and management elects to rebuild the park in the same location, to offer the previous homeowner a right of first refusal to a renewed tenancy in the park.This bill would recast those provisions, and instead would require management of a mobilehome park, if the park is damaged or destroyed due to a disaster, as defined, and management elects to rebuild, as defined, the park, to offer the previous homeowner a right of first refusal to a renewed tenancy in the park, subject to specified adjustments, and would make conforming changes.This bill would also, if a mobilehome park is damaged or destroyed as a result of a disaster and management owns one or more other mobilehome parks in California that have not been destroyed, require management to offer any space that is or becomes vacant to the previous homeowners on substantially the same terms as the previous homeowners rental agreement that was in existence at the time of the disaster, as provided, until the damaged or destroyed park has been rebuilt.(2) Existing law, the Planning and Zoning Law, requires a person or entity proposing a change in use of a mobilehome park to file a report on the impact of the conversion, closure, or cessation of use of the mobilehome park that includes a replacement and relocation plan, as specified. Existing law requires the legislative body or advisory agency to review the report before any change of use, as provided. Existing law establishes the Department of Housing and Community Development and requires it to administer various programs intended to promote the development of housing.This bill would require, if a closure, cessation, or change of use is the result of damage or destruction of the mobilehome park by a disaster, the person or entity proposing that closure, cessation, or change of use to file an impact report, as described in the paragraph above, which also includes an assessment by the Department of Housing and Community Development on the feasibility of reopening the park. By placing new requirements on local legislative bodies when approving permits for a change of use for mobilehome parks, this bill would impose a state-mandated local program.(3) Existing law regulates the terms and conditions of residential tenancies. Existing law requires the lessor of a building intended for human occupation to repair dilapidations, as specified, rendering it untenantable. Existing law requires a dwelling to be deemed untenantable if it substantially lacks certain affirmative standard characteristics.This bill would provide for the responsibilities of the landlord, or management of a mobilehome park, to repair or remediate damage sustained as a result of a disaster, and the remedies available to the tenant, or homeowner in a mobilehome park, if the landlord or management fails to perform those duties.(4) Existing law terminates the hiring of a thing by the destruction of the thing hired, or when the greater part of the thing hired perishes from any other cause than the want of ordinary care of the hirer.This bill would require the landlord to return to the tenant any advance rental payments made by the tenant when the hiring of residential real property is terminated due to damage or destruction of the property. The bill would also require management of a mobilehome park to return to the homeowner any advance rental payments made by the homeowner when the mobilehome tenancy is terminated due to damage or the destruction of the mobilehome park or any space as a result of a disaster. The bill would discharge the tenants or homeowners obligation to pay rent during any period during which a tenant or homeowner is unable to occupy their rental unit due to a mandatory evacuation order pursuant to a disaster, as provided.(5) Existing law establishes a procedure, known as an unlawful detainer action, that a landlord must follow in order to evict a tenant. Existing law provides that a tenant is subject to such an action if the tenant continues to possess the property without permission of the landlord under specified circumstances, including when the tenant has violated the lease by defaulting on rent or failing to perform a duty under the lease, but the landlord must first, among other notice requirements, give the tenant a 3-day notice to cure the violation or vacate.This bill would extend notice periods and deadlines for notices related to the termination of a tenancy or unlawful detainer proceedings, as provided.(6) Existing law makes the Commissioner of Financial Protection and Innovation the head of the Department of Financial Protection and Innovation, which executes the laws of this state relating to, among other things, residential mortgage lenders and servicers and mortgage loan originators employed or supervised by finance lenders or residential mortgage lenders.This bill would require the commissioner to, upon the declaration of a state of emergency due to wildfire, as specified, coordinate with mortgage lenders and servicers operating in this state to facilitate and monitor the implementation and promotion of mortgage forbearance, foreclosure prevention, and loss mitigation programs available to borrowers who experience a material decrease in household income or a material increase in household expenses due, directly or indirectly, to the wildfire emergency.(7) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. | |
| 35 | 30 | ||
| 36 | 31 | (1) Existing law, the Mobilehome Residency Law, prescribes various terms and conditions of tenancies in mobilehome parks. Existing law defines tenancy for these purposes as the right of a homeowner to use a site within a mobilehome park on which to locate, maintain, and occupy a mobilehome for human habitation, including the use of the services and facilities of the park. Existing law prohibits, with certain exceptions, the management of a mobilehome park from increasing the gross rental rate for a tenancy in a qualified mobilehome park, as defined, more than 3% plus the percentage change in the cost of living, or 5%, whichever is lower, of the lowest gross rental rate charged for a tenancy at any time during the 12 months prior to the effective date of the increase, subject to specified conditions. | |
| 37 | 32 | ||
| 38 | 33 | This bill would prohibit management of a mobilehome park from, over the course of any 12-month period from the date on which any federal, state, or local state of emergency is first declared, increasing the gross rental rate for a tenancy in a mobilehome park by more than 3% plus the percentage change in the Consumer Price Index, or 5%, whichever is lower, of the lowest gross rental rate charged for the tenancy at any time during the 12 months prior to the effective date of the increase, subject to specified conditions and exceptions. The bill would require that these provisions govern the maximum amount that may be charged for rent if a local ordinance, rule, regulation, or initiative measure allows for a rental rate increase. By placing new requirements on local governments regarding rental rate increases, this bill would impose a state-mandated local program. | |
| 39 | 34 | ||
| 40 | 35 | Existing 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. | |
| 41 | 36 | ||
| 42 | 37 | Existing law requires management of a mobilehome park, if the park is destroyed due to a wildfire or other natural disaster and management elects to rebuild the park in the same location, to offer the previous homeowner a right of first refusal to a renewed tenancy in the park. | |
| 43 | 38 | ||
| 44 | 39 | This bill would recast those provisions, and instead would require management of a mobilehome park, if the park is damaged or destroyed due to a disaster, as defined, and management elects to rebuild, as defined, the park, to offer the previous homeowner a right of first refusal to a renewed tenancy in the park, subject to specified adjustments, and would make conforming changes. | |
| 45 | 40 | ||
| 46 | 41 | This bill would also, if a mobilehome park is damaged or destroyed as a result of a disaster and management owns one or more other mobilehome parks in California that have not been destroyed, require management to offer any space that is or becomes vacant to the previous homeowners on substantially the same terms as the previous homeowners rental agreement that was in existence at the time of the disaster, as provided, until the damaged or destroyed park has been rebuilt. | |
| 47 | 42 | ||
| 48 | 43 | (2) Existing law, the Planning and Zoning Law, requires a person or entity proposing a change in use of a mobilehome park to file a report on the impact of the conversion, closure, or cessation of use of the mobilehome park that includes a replacement and relocation plan, as specified. Existing law requires the legislative body or advisory agency to review the report before any change of use, as provided. Existing law establishes the Department of Housing and Community Development and requires it to administer various programs intended to promote the development of housing. | |
| 49 | 44 | ||
| 50 | 45 | This bill would require, if a closure, cessation, or change of use is the result of damage or destruction of the mobilehome park by a disaster, the person or entity proposing that closure, cessation, or change of use to file an impact report, as described in the paragraph above, which also includes an assessment by the Department of Housing and Community Development on the feasibility of reopening the park. By placing new requirements on local legislative bodies when approving permits for a change of use for mobilehome parks, this bill would impose a state-mandated local program. | |
| 51 | 46 | ||
| 52 | 47 | (3) Existing law regulates the terms and conditions of residential tenancies. Existing law requires the lessor of a building intended for human occupation to repair dilapidations, as specified, rendering it untenantable. Existing law requires a dwelling to be deemed untenantable if it substantially lacks certain affirmative standard characteristics. | |
| 53 | 48 | ||
| 54 | 49 | This bill would provide for the responsibilities of the landlord, or management of a mobilehome park, to repair or remediate damage sustained as a result of a disaster, and the remedies available to the tenant, or homeowner in a mobilehome park, if the landlord or management fails to perform those duties. | |
| 55 | 50 | ||
| 56 | 51 | (4) Existing law terminates the hiring of a thing by the destruction of the thing hired, or when the greater part of the thing hired perishes from any other cause than the want of ordinary care of the hirer. | |
| 57 | 52 | ||
| 58 | 53 | This bill would require the landlord to return to the tenant any advance rental payments made by the tenant when the hiring of residential real property is terminated due to damage or destruction of the property. The bill would also require management of a mobilehome park to return to the homeowner any advance rental payments made by the homeowner when the mobilehome tenancy is terminated due to damage or the destruction of the mobilehome park or any space as a result of a disaster. The bill would discharge the tenants or homeowners obligation to pay rent during any period during which a tenant or homeowner is unable to occupy their rental unit due to a mandatory evacuation order pursuant to a disaster, as provided. | |
| 59 | 54 | ||
| 60 | 55 | (5) Existing law establishes a procedure, known as an unlawful detainer action, that a landlord must follow in order to evict a tenant. Existing law provides that a tenant is subject to such an action if the tenant continues to possess the property without permission of the landlord under specified circumstances, including when the tenant has violated the lease by defaulting on rent or failing to perform a duty under the lease, but the landlord must first, among other notice requirements, give the tenant a 3-day notice to cure the violation or vacate. | |
| 61 | 56 | ||
| 62 | 57 | This bill would extend notice periods and deadlines for notices related to the termination of a tenancy or unlawful detainer proceedings, as provided. | |
| 63 | 58 | ||
| 64 | 59 | (6) Existing law makes the Commissioner of Financial Protection and Innovation the head of the Department of Financial Protection and Innovation, which executes the laws of this state relating to, among other things, residential mortgage lenders and servicers and mortgage loan originators employed or supervised by finance lenders or residential mortgage lenders. | |
| 65 | 60 | ||
| 66 | 61 | This bill would require the commissioner to, upon the declaration of a state of emergency due to wildfire, as specified, coordinate with mortgage lenders and servicers operating in this state to facilitate and monitor the implementation and promotion of mortgage forbearance, foreclosure prevention, and loss mitigation programs available to borrowers who experience a material decrease in household income or a material increase in household expenses due, directly or indirectly, to the wildfire emergency. | |
| 67 | 62 | ||
| 68 | 63 | (7) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. | |
| 69 | 64 | ||
| 70 | 65 | This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. | |
| 71 | 66 | ||
| 72 | 67 | ## Digest Key | |
| 73 | 68 | ||
| 74 | 69 | ## Bill Text | |
| 75 | 70 | ||
| 76 | - | The people of the State of California do enact as follows:SECTION 1. Section 798.30.7 is added to the Civil Code, to read:798.30.7. (a) This section shall apply for a period of 12 months in any jurisdiction commencing on the date on which any federal, state, or local state of emergency is first declared.(b) (1) Subject to paragraph (2), management shall not, over the course of any 12-month period, increase the gross rental rate for a tenancy in a mobilehome park by more than 3 percent plus the percentage change in the Consumer Price Index, or 5 percent, whichever is lower, of the lowest gross rental rate charged for the tenancy at any time during the 12 months prior to the effective date of the increase.(2) If the same homeowner or successor in interest maintains a tenancy over any 12-month period, the total gross rental rate amount for the tenancy shall not be increased by more than two increments over that 12-month period, subject to the other restrictions of this subdivision governing gross rental rate increases.(3) For a new tenancy in which no homeowner from the prior tenancy remains in lawful possession of the mobilehome space, management may establish the initial rental rate not subject to paragraph (1), unless the applicable local agency or jurisdiction has adopted an ordinance, rule, regulation, or initiative measure that limits the allowable rental rate for a new tenancy, in which case that ordinance, rule, regulation, or initiative measure shall apply. Paragraph (1) shall be applicable to subsequent increases after that initial rental rate has been established, except as otherwise provided in this section.(c) A homeowner with a tenancy subject to this section shall not enter into a sublease that results in a total rent for the premises that exceeds the allowable rental rate authorized by subdivision (c) of Section 798.23.5. Nothing in this subdivision authorizes a homeowner to sublet or assign the homeowners interest where otherwise prohibited.(d) Management shall provide notice of any increase in the rental rate, pursuant to subdivision (b), to each homeowner in accordance with Section 798.30.(e) This section shall not apply to a tenancy for any of the following:(1) A mobilehome space restricted by deed, regulatory restriction contained in an agreement with a governmental agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code or comparable federal statutes.(2) A mobilehome space constructed and maintained in connection with any higher education institution within the state for use and occupancy by students in attendance at the institution.(3) A mobilehome space subject to any ordinance, rule, regulation, or initiative measure that restricts annual increases in the rental rate to an amount less than that provided in subdivision (b).(4) A mobilehome space within a resident-owned mobilehome park, as defined in Section 799.(f) Any waiver of the rights under this section shall be void as contrary to public policy.(g) For the purposes of this section, the following definitions apply:(1) Consumer Price Index for All Urban Consumers for All Items means the following:(A) The Consumer Price Index for All Urban Consumers for All Items (CPI-U) for the metropolitan area in which the property is located, as published by the United States Bureau of Labor Statistics, which are as follows:(i) The CPI-U for the Los Angeles-Long Beach-Anaheim metropolitan area covering the Counties of Los Angeles and Orange.(ii) The CPI-U for the Riverside-San Bernardino-Ontario metropolitan area covering the Counties of Riverside and San Bernardino.(iii) The CPI-U for the San Diego-Carlsbad metropolitan area covering the County of San Diego.(iv) The CPI-U for the San Francisco-Oakland-Hayward metropolitan area covering the Counties of Alameda, Contra Costa, Marin, San Francisco, San Mateo, and Santa Clara.(v) Any successor metropolitan area index to any of the indexes listed in clauses (i) to (iv), inclusive.(B) If the United States Bureau of Labor Statistics does not publish a CPI-U for the metropolitan area in which the property is located, the California Consumer Price Index for All Urban Consumers for All Items as published by the Department of Industrial Relations.(C) Commencing January 1, 2026, if the United States Bureau of Labor Statistics publishes a CPI-U index for one or more metropolitan areas not listed in subparagraph (A), that CPI-U index shall apply in those areas with respect to rent increases that take effect on or after August 1 of the calendar year in which the 12-month change in that CPI-U, as described in subparagraph (B) of paragraph (3), is first published.(2) Management means the management, as defined in Section 798.2, of a qualified mobilehome park.(3) (A) Percentage change in the cost of living means the percentage change in the applicable CPI-U, as described in paragraph (1) and computed pursuant to subparagraph (B) of this paragraph.(B) (i) For rent increases that take effect before August 1 of any calendar year, the following shall apply:(I) The percentage change shall be the percentage change in the amount published for April of the immediately preceding calendar year and April of the year before that.(II) If there is not an amount published in April for the applicable geographic area, the percentage change shall be the percentage change in the amount published for March of the immediately preceding calendar year and March of the year before that.(ii) For rent increases that take effect on or after August 1 of any calendar year, the following shall apply:(I) The percentage change shall be the percentage change in the amount published for April of that calendar year and April of the immediately preceding calendar year.(II) If there is not an amount published in April for the applicable geographic area, the percentage change shall be the percentage change in the amount published for March of that calendar year and March of the immediately preceding calendar year.(iii) The percentage change shall be rounded to the nearest one-tenth of 1 percent.(h) (1) Nothing in this section shall impair, preempt, or affect the authority of a local government to adopt or maintain an ordinance, rule, regulation, or initiative measure that establishes a maximum amount that may be charged for rent, or other regulations for a tenancy. However, if a local ordinance, rule, regulation, or initiative measure allows for a rental rate increase greater than that provided in subdivision (b), this section shall govern the maximum amount that may be charged for rent.(2) Nothing in this section alters the application of Section 798.45 or 798.49 to any ordinance, rule, regulation, or initiative measure that establishes a maximum amount that may be charged for rent.(3) This section is not intended to express any policy regarding the appropriate and allowable rental rate increase limitations when a local government or jurisdiction adopts an ordinance, rule, regulation, or initiative measure regulating rent increases, nor in connection with any mobilehome rent regulation that a local government has chosen to enact and administer, based upon the particular needs or economic conditions within the local jurisdiction.SEC. 2. Section 798.62 of the Civil Code is amended to read:798.62. (a) If a mobilehome park is damaged or destroyed as a result of a disaster, and management elects to rebuild the park, management shall offer a renewed tenancy in the rebuilt mobilehome park to all previous homeowners in accordance with the following:(1) The offer of renewed tenancy shall be on substantially the same terms as the previous homeowners rental agreement that was in existence at the time of the disaster. However, management may adjust terms in the previous rental agreement to reflect costs and expenses, not to exceed 10 percent of the previous rental rate charged for the space, to rebuild the park that were incurred from the time of the disaster until management received a final certificate of occupancy for all spaces in the park. These costs and expenses may include, but are not limited to, costs associated with demolition, reconstruction, and environmental remediation, as well as taxes and interest expenses, not to exceed 10 percent of the previous rental rate charged for the space.(2) Management shall provide the previous homeowner, upon request, a statement listing the costs and expenses incurred in rebuilding the park and how the costs and expenses relate to the adjustment of terms in the rental agreement.(3) The offer shall include an application to accept the renewed tenancy, the terms of the renewed tenancy, the deposit required to secure the renewed tenancy, and a clear statement of when the offer expires.(4) Management shall send each previous homeowner the offer by certified mail, at least 240 days before the park is reopened, to the last postal address for the previous homeowner known to management, which may be the previous homeowners former address within the park. If management has an email address or telephone number for the previous homeowner, management shall additionally attempt to notify the homeowner of the offer by those means.(5) A previous homeowner may accept the offer by submitting, within 60 days from the date the homeowner receives the offer, the application and required deposit to secure the renewed tenancy to management and sign a rental agreement. If the previous homeowner fails to accept the offer within this time period, then the previous homeowners right to a renewed tenancy under this section is deemed forfeited.(6) Management shall process applications for renewed tenancy on a first-come-first-served basis.(7) The previous homeowner shall not transfer the right to a renewed tenancy.(b) (1) If a mobilehome park is damaged or destroyed as a result of a disaster and management owns one or more other mobilehome parks in California that have not been destroyed, then, until the damaged or destroyed park has been rebuilt, the management shall offer any space that is or becomes vacant to the previous homeowners on substantially the same terms as the previous homeowners rental agreement that was in existence at the time of the disaster, except that management may increase the space rental rate by any amount that would have been legally permissible at the damaged or destroyed park.(2) (A) Management shall establish a roster of previous homeowners for the purpose of making the offers required by paragraph (1). After the initial roster has been established, the previous homeowner shall have the duty to provide management with current contract | |
| 71 | + | The people of the State of California do enact as follows:SECTION 1. Section 798.30.7 is added to the Civil Code, to read:798.30.7. (a) This section shall apply for a period of 12 months in any jurisdiction commencing on the date on which any federal, state, or local state of emergency is first declared.(b) (1) Subject to paragraph (2), management shall not, over the course of any 12-month period, increase the gross rental rate for a tenancy in a mobilehome park by more than 3 percent plus the percentage change in the Consumer Price Index, or 5 percent, whichever is lower, of the lowest gross rental rate charged for the tenancy at any time during the 12 months prior to the effective date of the increase.(2) If the same homeowner or successor in interest maintains a tenancy over any 12-month period, the total gross rental rate amount for the tenancy shall not be increased by more than two increments over that 12-month period, subject to the other restrictions of this subdivision governing gross rental rate increases.(3) For a new tenancy in which no homeowner from the prior tenancy remains in lawful possession of the mobilehome space, management may establish the initial rental rate not subject to paragraph (1), unless the applicable local agency or jurisdiction has adopted an ordinance, rule, regulation, or initiative measure that limits the allowable rental rate for a new tenancy, in which case that ordinance, rule, regulation, or initiative measure shall apply. Paragraph (1) shall be applicable to subsequent increases after that initial rental rate has been established, except as otherwise provided in this section.(c) A homeowner with a tenancy subject to this section shall not enter into a sublease that results in a total rent for the premises that exceeds the allowable rental rate authorized by subdivision (c) of Section 798.23.5. Nothing in this subdivision authorizes a homeowner to sublet or assign the homeowners interest where otherwise prohibited.(d) Management shall provide notice of any increase in the rental rate, pursuant to subdivision (b), to each homeowner in accordance with Section 798.30.(e) This section shall not apply to a tenancy for any of the following:(1) A mobilehome space restricted by deed, regulatory restriction contained in an agreement with a governmental agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code or comparable federal statutes.(2) A mobilehome space constructed and maintained in connection with any higher education institution within the state for use and occupancy by students in attendance at the institution.(3) A mobilehome space subject to any ordinance, rule, regulation, or initiative measure that restricts annual increases in the rental rate to an amount less than that provided in subdivision (b).(4) A mobilehome space within a resident-owned mobilehome park, as defined in Section 799.(f) Any waiver of the rights under this section shall be void as contrary to public policy.(g) For the purposes of this section: section, the following definitions apply:(1) Consumer Price Index for All Urban Consumers for All Items means the following:(A) The Consumer Price Index for All Urban Consumers for All Items (CPI-U) for the metropolitan area in which the property is located, as published by the United States Bureau of Labor Statistics, which are as follows:(i) The CPI-U for the Los Angeles-Long Beach-Anaheim metropolitan area covering the Counties of Los Angeles and Orange.(ii) The CPI-U for the Riverside-San Bernardino-Ontario metropolitan area covering the Counties of Riverside and San Bernardino.(iii) The CPI-U for the San Diego-Carlsbad metropolitan area covering the County of San Diego.(iv) The CPI-U for the San Francisco-Oakland-Hayward metropolitan area covering the Counties of Alameda, Contra Costa, Marin, San Francisco, San Mateo, and Santa Clara.(v) Any successor metropolitan area index to any of the indexes listed in clauses (i) to (iv), inclusive.(B) If the United States Bureau of Labor Statistics does not publish a CPI-U for the metropolitan area in which the property is located, the California Consumer Price Index for All Urban Consumers for All Items as published by the Department of Industrial Relations.(C) Commencing January 1, 2026, if the United States Bureau of Labor Statistics publishes a CPI-U index for one or more metropolitan areas not listed in subparagraph (A), that CPI-U index shall apply in those areas with respect to rent increases that take effect on or after August 1 of the calendar year in which the 12-month change in that CPI-U, as described in subparagraph (B) of paragraph (3), is first published.(2) Management means the management, as defined in Section 798.2, of a qualified mobilehome park.(3) (A) Percentage change in the cost of living means the percentage change in the applicable CPI-U, as described in paragraph (1) and computed pursuant to subparagraph (B) of this paragraph.(B) (i) For rent increases that take effect before August 1 of any calendar year, the following shall apply:(I) The percentage change shall be the percentage change in the amount published for April of the immediately preceding calendar year and April of the year before that.(II) If there is not an amount published in April for the applicable geographic area, the percentage change shall be the percentage change in the amount published for March of the immediately preceding calendar year and March of the year before that.(ii) For rent increases that take effect on or after August 1 of any calendar year, the following shall apply:(I) The percentage change shall be the percentage change in the amount published for April of that calendar year and April of the immediately preceding calendar year.(II) If there is not an amount published in April for the applicable geographic area, the percentage change shall be the percentage change in the amount published for March of that calendar year and March of the immediately preceding calendar year.(iii) The percentage change shall be rounded to the nearest one-tenth of 1 percent.(h) (1) Nothing in this section shall impair, preempt, or affect the authority of a local government to adopt or maintain an ordinance, rule, regulation, or initiative measure that establishes a maximum amount that may be charged for rent, or other regulations for a tenancy. However, if a local ordinance, rule, regulation, or initiative measure allows for a rental rate increase greater than that provided in subdivision (b), this section shall govern the maximum amount that may be charged for rent.(2) Nothing in this section alters the application of Section 798.45 or 798.49 to any ordinance, rule, regulation, or initiative measure that establishes a maximum amount that may be charged for rent.(3) This section is not intended to express any policy regarding the appropriate and allowable rental rate increase limitations when a local government or jurisdiction adopts an ordinance, rule, regulation, or initiative measure regulating rent increases, nor in connection with any mobilehome rent regulation that a local government has chosen to enact and administer, based upon the particular needs or economic conditions within the local jurisdiction.SEC. 2. Section 798.62 of the Civil Code is amended to read:798.62. (a) If a mobilehome park is damaged or destroyed as a result of a disaster, and management elects to rebuild the park, management shall offer a renewed tenancy in the rebuilt mobilehome park to all previous homeowners in accordance with the following:(1) The offer of renewed tenancy shall be on substantially the same terms as the previous homeowners rental agreement that was in existence at the time of the disaster. However, management may adjust terms in the previous rental agreement to reflect costs and expenses, not to exceed 10 percent of the previous rental rate charged for the space, to rebuild the park that were incurred from the time of the disaster until management received a final certificate of occupancy for all spaces in the park. These costs and expenses may include, but are not limited to, costs associated with demolition, reconstruction, and environmental remediation, as well as taxes and interest expenses, not to exceed 10 percent of the previous rental rate charged for the space.(2) Management shall provide the previous homeowner, upon request, a statement listing the costs and expenses incurred in rebuilding the park and how the costs and expenses relate to the adjustment of terms in the rental agreement.(3) The offer shall include an application to accept the renewed tenancy, the terms of the renewed tenancy, the deposit required to secure the renewed tenancy, and a clear statement of when the offer expires.(4) Management shall send each previous homeowner the offer by certified mail, at least 240 days before the park is reopened, to the last postal address for the previous homeowner known to management, which may be the previous homeowners former address within the park. If management has an email address or telephone number for the previous homeowner, management shall additionally attempt to notify the homeowner of the offer by those means.(5) A previous homeowner may accept the offer by submitting, within 60 days from the date the homeowner receives the offer, the application and required deposit to secure the renewed tenancy to management and sign a rental agreement. If the previous homeowner fails to accept the offer within this time period, then the previous homeowners right to a renewed tenancy under this section is deemed forfeited.(6) Management shall process applications for renewed tenancy on a first-come-first-served basis.(7) The previous homeowner shall not transfer the right to a renewed tenancy.(b) (1) If a mobilehome park is damaged or destroyed as a result of a disaster and management owns one or more other mobilehome parks in California that have not been destroyed, then, until the damaged or destroyed park has been rebuilt, the management shall offer any space that is or becomes vacant to the previous homeowners on substantially the same terms as the previous homeowners rental agreement that was in existence at the time of the disaster, except that management may increase the space rental rate by any amount that would have been legally permissible at the damaged or destroyed park.(2) (A) Management shall establish a roster of previous homeowners for the purpose of making the offers required by paragraph (1). After the initial roster has been established, the previous homeowner shall have the duty to provide management with current contract information.(B) If there are more previous homeowners than there are vacancies in the managements other parks, management shall, by a method that will ensure random selection, develop an ordered list of the previous homeowners and offer any vacancies in sequential order according to the list. (c) For purposes of this section, the following definitions apply:(1) Disaster means a natural or manmade emergency resulting from an earthquake, flood, fire, riot, storm, drought, plant or animal infestation or disease, pandemic or epidemic disease outbreak, or other natural or manmade disaster for which a state of emergency has been declared by the President of the United States or the Governor, or for which a local emergency has been declared by an official, board, or other governing body vested with authority to make that declaration in any county, city, or city and county in California.(2) Previous homeowner means a homeowner with a valid tenancy in a mobilehome park at the time of a disaster.(3) Rebuild means to re-establish or complete construction of any mobilehome space in California within 10 years of the disaster.SEC. 3. Section 798.63 is added to the Civil Code, immediately following Section 798.62, to read:798.63. (a) In addition to any other law, if a mobilehome park or mobilehome space has sustained damage as a result of a disaster, whether or not the damage renders the property untenantable, as defined in Section 1941.1, or according to the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code), it shall be the responsibility of management to repair or remediate that damage, including, but not limited to, all of the following:(1) Removal of debris caused by the disaster.(2) Repair or restoration of any damaged structural, mechanical, or aesthetic elements of the property, including, but not limited to, walls, floors, ceilings, windows, doors, and fixtures.(3) Mitigation of hazards arising from the disaster, including, but not limited to, the presence of mold, smoke, smoke residue, smoke odor, ash, asbestos, or water damage.(b) Until a determination has been made by a local public health agency or official that the debris from the disaster, including, but not limited to, ash, sludge, or runoff, does not contain toxic substances, the presence of the debris at the premises shall be presumed to render the premises untenantable pursuant to Section 1941.1.(c) Management shall complete the necessary cleaning, repairs, or remediation under this section within a reasonable time after the property sustains damage, taking into account the extent of the damage and the availability of materials and labor. Management shall follow any and all cleaning protocols issued by government officials, including contracting with licensed remediation companies where required. Management shall inform the homeowner in writing about all cleaning, repairs, and remediation completed, including detailed descriptions of any work undertaken, the qualifications of any contracted services, and copies of any environmental studies, testing, or reports conducted.(d) If management fails to perform the duties required under this section within a reasonable time after the property sustains damage, the homeowner may do any or all of the following:(1) Pursue the remedies provided under Section 1942, including the right to repair and deduct where applicable or to notify management that they are electing to terminate the tenancy, vacate the premises, and be discharged from any further obligations under the tenancy, including the duty to pay any rent due after the date the premises is vacated.(2) Reduce their rent in an amount proportional to the reduction in the use and enjoyment of the premises resulting from the damage. The reduction shall apply immediately upon notice to management.(3) Pursue any other remedies available under law.(e) Unless the homeowner elects to terminate the tenancy as set forth in paragraph (1) of subdivision (d), the tenancy shall remain in effect and the homeowner shall have the right to return to the mobilehome park or mobilehome space at the same rental rate as soon as it is safe and practicable.(f) In any unlawful detainer action by management to recover possession from a homeowner, a rebuttable presumption affecting the burden of producing evidence that management is unlawfully retaliating against the homeowner for exercising their rights under this section is created if all of the following conditions exist:(1) The mobilehome park or mobilehome space sustained damage as a result of a disaster.(2) Management failed to repair and remediate the damage as required by this section within a reasonable time after the disaster.(3) The notice to terminate tenancy was served on the homeowner before the damage has been repaired and remediated or within 180 days after the damage has been repaired or remediated.(g) The rights, obligations, and remedies under this section are cumulative and in addition to any other rights, obligations, or remedies available under federal, state, or local law.(h) Nothing in this section preempts any local ordinance from providing for additional protections for homeowners or imposing additional obligations on management.(i) For purposes of this section, disaster has the same meaning as in Section 798.62.SEC. 4. Section 798.64 is added to the Civil Code, immediately following Section 798.63, to read:798.64. (a) (1) When a mobilehome tenancy is terminated due to damage or the destruction of the mobilehome park or any space as a result of a disaster, management shall return to the homeowner any advance rental payments received from the homeowner that cover any period of time after the date of the termination.(2) Any payment required pursuant to paragraph (1) shall be made within 21 days of the date of the termination and shall be sent to the address provided by the homeowner. If the homeowner does not provide an address, mailings pursuant to this subdivision shall be sent to the address where the mobilehome was located.(3) For purposes of this subdivision, the date of the termination shall be the date upon which the mobilehome park or the mobilehome space was damaged or destroyed.(b) During any period that a homeowner is unable to occupy their mobilehome or mobilehome space due to a mandatory evacuation order pursuant to a disaster, the homeowners obligation to pay rent shall be discharged for the period during which the homeowner is required to be evacuated. If the homeowner has paid rent in advance for any portion of the evacuation period, management shall return that portion of prepaid rent to the homeowner within 10 calendar days after the evacuation order is lifted, or the homeowner may deduct that amount from the next months rent which becomes due and payable after the evacuation order is lifted.(c) For purposes of this section, disaster has the same meaning as in Section 798.62.SEC. 5. Section 1941.8 is added to the Civil Code, to read:1941.8. (a) In addition to any other law, if a residential rental property has sustained damage as a result of a disaster, as defined in Section 798.62, whether or not the damage renders the property untenantable, as defined in Section 1941.1, it shall be the responsibility of the landlord to repair or remediate that damage, including, but not limited to, all of the following:(1) Removal of debris caused by the disaster.(2) Repair or restoration of any damaged structural, mechanical, or aesthetic elements of the property, including, but not limited to, walls, floors, ceilings, windows, doors, and fixtures.(3) Mitigation of hazards arising from the disaster, including, but not limited to, the presence of mold, smoke, smoke residue, smoke odor, ash, asbestos, or water damage.(b) Until a determination has been made by a local public health agency or official that the debris from the disaster, including, but not limited to, ash, sludge, or runoff, does not contain toxic substances, the presence of the debris at the premises shall be presumed to render the premises untenantable pursuant to Section 1941.1.(c) The landlord shall complete the necessary cleaning, repairs, or remediation under this section within a reasonable time after the property sustains damage, taking into account the extent of the damage and the availability of materials and labor. The landlord shall follow any and all cleaning protocols issued by government officials, including contracting with licensed remediation companies where required. The landlord shall inform the tenant in writing about all cleaning, repairs, and remediation completed, including detailed descriptions of any work undertaken, the qualifications of any contracted services, and copies of any environmental studies, testing, or reports conducted.(d) If the landlord fails to perform the duties required under this section within a reasonable time after the property sustains damage, the tenant may do any or all of the following:(1) Pursue the remedies provided under Section 1942, including the right to repair and deduct where applicable or to notify the landlord that they are electing to terminate the tenancy, vacate the premises, and be discharged from any further obligations under the tenancy, including the duty to pay any rent due after the date the premises is vacated.(2) Reduce their rent in an amount proportional to the reduction in the use and enjoyment of the premises resulting from the damage. The reduction shall apply immediately upon notice to the landlord.(3) Pursue any other remedies available under law.(e) Unless the tenant elects to terminate the tenancy as set forth in paragraph (1) of subdivision (d), the tenancy shall remain in effect and the tenant shall have the right to return to the rental property at the same rental rate as soon as it is safe and practicable.(f) In any unlawful detainer action by the landlord to recover possession from a tenant, a rebuttable presumption affecting the burden of producing evidence that the landlord is unlawfully retaliating against the tenant for exercising their rights under this section is created if all of the following conditions exist:(1) The residential rental property sustained damage as a result of a disaster.(2) The landlord failed to repair and remediate the damage as required by this section within a reasonable time after the disaster.(3) The notice to terminate tenancy was served on the tenant before the damage has been repaired and remediated or within 180 days after the damage has been repaired or remediated.(g) The rights, obligations, and remedies under this section are cumulative and in addition to any other rights, obligations, or remedies available under federal, state, or local law.(h) Nothing in this section preempts any local ordinance from providing for additional protections for tenants or imposing additional obligations on the landlord.SEC. 6. Section 1941.9 is added to the Civil Code, to read:1941.9. (a) (1) When the hiring of residential real property is terminated pursuant to paragraph (2) of Section 1932 or paragraph (4) of Section 1933, the landlord shall return to the tenant any advance rental payments made by the tenant that cover any period after the date of the termination.(2) Any payment from the landlord to the tenant required pursuant to paragraph (1) shall be made within 21 days of the date of the termination and shall be sent to the address provided by the tenant. If the hirer does not provide an address, mailings pursuant to this subdivision shall be sent to the address of the unit that was the subject of the terminated hiring.(3) For purposes of this subdivision, the date of the termination shall be either of the following, as applicable:(A) The date that the tenant informs the landlord or the landlords agent of the tenants intent to terminate the hiring pursuant to paragraph (2) of Section 1932.(B) The date that the residential real property was destroyed, if the termination happened pursuant to paragraph (4) of Section 1933.(b) During any period during which a tenant in residential real property is unable to occupy their rental unit due to a mandatory evacuation order pursuant to a disaster, as defined in Section 798.62, the tenants obligation to pay rent shall be discharged for the period during which the tenant must be evacuated. If the tenant already paid rent for the period of an evacuation, the landlord shall return the rent within 10 calendar days after the evacuation order is lifted or the tenant may deduct the amount from the next months rent.SEC. 7. Section 1179b is added to the Code of Civil Procedure, immediately following Section 1179a, to read:1179b. (a) Notwithstanding Section 1167.5, in any county in which a state of emergency is declared by the President of the United States, or by the Governor pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code), the following notice periods and deadlines are extended for notices related to the termination of a tenancy or unlawful detainer proceedings:(1) From 3 to 15 days for all of the following:(A) Notice pursuant to paragraph (2) of Section 1161.(B) Notice pursuant to paragraph (3) of Section 1161.(C) Notice pursuant to paragraph (4) of Section 1161.(D) Notice from the management to a homeowner or legal owner, junior lienholder, or registered owner, pursuant to subdivision (c) of Section 798.55 of the Civil Code.(E) The time for a homeowner to cure nonpayment of rent, utility charges, or reasonable incidental service charges after being given written notice of the alleged nonpayment pursuant to paragraphs (1) and (2) of subdivision (e) of Section 798.56 of the Civil Code. This subparagraph does not reduce or affect the five-day period that management is required to wait from the due date before giving notice of nonpayment of rent.(2) From 5 to 30 days for both of the following:(A) Notice to an alleged unlawful occupant pursuant to subdivision (c) of Section 798.75 of the Civil Code.(B) The time period for an occupant to vacate real property pursuant to a writ of possession pursuant to Section 715.010.(3) From 10 to 30 days for all of the following:(A) The time for a defendant to file a response pursuant to subdivision (a) of Section 1167.(B) The time for an occupant to file a prejudgment claim of right to possession pursuant to Section 1174.25.(C) The time for a homeowner or resident to respond or cure an alleged rule or regulation violation pursuant to subdivision (d) of Section 798.56.(4) From 10 to 60 days for both of the following:(A) The additional time, beyond the time for appeal, for which a trial court may stay the enforcement of an unlawful detainer judgment pursuant to Section 918.(B) Notice from management of belief of abandonment pursuant to subdivision (b) of Section 798.61 of the Civil Code.(5) From 10 to 90 days for the time for which service of an unlawful detainer summon shall be deemed complete pursuant to subdivision (c) of Section 415.45.(6) From 30 to 60 days for the notice of termination of a tenancy of less than one year and from 60 to 90 days for the notice of termination of a tenancy of more than one year pursuant to Section 1946.1 of the Civil Code.(7) From 60 to 180 days for the notice period for management to notify a homeowner of its intent to terminate or refuse to renew a tenancy pursuant to Section 798.55 of the Civil Code.(8) From 90 days to 180 days for both of the following:(A) A notice of termination of tenancy pursuant to Section 1954.535 of the Civil Code.(B) A notice pursuant to Section 1161b.(b) Notwithstanding Section 1167.5, and in addition to the extensions of time set forth in subdivision (a), the declaration of a federal, state, or local emergency shall automatically toll any notice period or deadline under this chapter that was pending at the time the emergency is declared for 15 calendar days following the declaration.(c) This section sets the minimum timeline extension and tolling applicable to unlawful detainer proceedings during a declared state of emergency. Nothing in this section shall be interpreted to prevent the establishment of longer timelines by rule of court.SEC. 8. Section 338 is added to the Financial Code, to read:338. Upon declaration of a state of emergency, pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) due to a wildfire, including, but not limited to, any unplanned, unwanted wildland fire, including unauthorized human-caused fires, escaped wildland fire use events, escaped prescribed fire projects, and all other wildland fires where the objective is to extinguish the fire, the commissioner shall coordinate with mortgage lenders and servicers, including those who lend money in connection with the purchase of a mobilehome as that term is defined in Section 798.3 of the Civil Code, operating in this state to facilitate and monitor the implementation and promotion of mortgage forbearance, foreclosure prevention, and loss mitigation programs available to borrowers who experience a material decrease in household income or a material increase in household expenses due, directly or indirectly, to the wildfire emergency.SEC. 9. Section 65863.7 of the Government Code is amended to read:65863.7. (a) (1) (A) Prior to the conversion of a mobilehome park to another use, except pursuant to the Subdivision Map Act (Division 2 (commencing with Section 66410)), or prior to closure of a mobilehome park or cessation of use of the land as a mobilehome park, the person or entity proposing the change in use shall file a report on the impact of the conversion, closure, or cessation of use of the mobilehome park. The report shall include a replacement and relocation plan that adequately mitigates the impact upon the ability of the displaced residents of the mobilehome park to be converted or closed to find adequate housing in a mobilehome park.(B) (i) If the proposed closure, cessation, or change of use is related to damage or destruction by a disaster, as described in subdivision (k), the impact report described in subparagraph (A) shall also include an assessment by the Department of Housing and Community Development on the feasibility of reopening the park. (ii) For purposes of this subparagraph, management, as defined in Section 798.2 of the Civil Code, is the person or entity proposing the change in use for purposes of preparing the impact report required by this section and is required to take steps to mitigate the adverse impact of the change as may be required in subdivision (e).(2) (A) If a displaced resident cannot obtain adequate housing in another mobilehome park, the person or entity proposing the change of use shall pay to the displaced resident the in-place market value of the displaced residents mobilehome.(B) For the purposes of this paragraph, except as specified in subparagraph (B) of paragraph (1) of subdivision (e), in-place market value shall be determined by a state-certified appraiser with experience establishing the value of mobilehomes. The appraisal shall be based upon the current in-place location of the mobilehome and shall assume the continuation of the mobilehome park.(C) The person or entity proposing the change of use shall pay for an appraisal specified in subparagraph (B) and shall include the appraisal in the report specified in paragraph (1).(b) The person proposing the change in use shall provide a copy of the report to a resident of each mobilehome in the mobilehome park at least 60 days prior to the hearing, if any, on the impact report by the advisory agency, or if there is no advisory agency, by the legislative body.(c) When the impact report is filed prior to the closure or cessation of use, the person or entity proposing the change shall provide a copy of the report to a resident of each mobilehome in the mobilehome park at the same time as the notice of the change is provided to the residents pursuant to paragraph (2) of subdivision (g) of Section 798.56 of the Civil Code.(d) When the impact report is filed prior to the closure or cessation of use, the person or entity filing the report or park resident may request, and shall have a right to, a hearing before the legislative body on the sufficiency of the report.(e) (1) Before the approval of any change of use, the legislative body, or its delegated advisory agency, shall do all of the following:(A) Review the report and any additional relevant documentation.(B) Make a finding as to whether or not approval of the park closure and the parks conversion into its intended new use, taking into consideration both the impact report as a whole and the overall housing availability within the local jurisdiction, will result in or materially contribute to a shortage of housing opportunities and choices for low- and moderate-income households within the local jurisdiction.(2) The legislative body, or its delegated advisory agency, may require, as a condition of the change, the person or entity proposing the change in use to take steps to mitigate any adverse impact of the conversion, closure, or cessation of use on the ability of displaced mobilehome park residents to find adequate housing in a mobilehome park.(f) If the closure or cessation of use of a mobilehome park results from the entry of an order for relief in bankruptcy, the provisions of this section shall not be applicable.(g) The legislative body may establish reasonable fees pursuant to Section 66016 to cover any costs incurred by the local agency in implementing this section and Section 65863.8. Those fees shall be paid by the person or entity proposing the change in use.(h) This section is applicable to charter cities.(i) This section is applicable when the closure, cessation, or change of use is the result of a decision by a local governmental entity or planning agency not to renew a conditional use permit or zoning variance under which the mobilehome park has operated, or as a result of any other zoning or planning decision, action, or inaction. In this case, the local governmental agency is the person proposing the change in use for the purposes of preparing the impact report required by this section and is required to take steps to mitigate the adverse impact of the change as may be required in subdivision (e).(j) This section is applicable when the closure, cessation, or change of use is the result of a decision by an enforcement agency, as defined in Section 18207 of the Health and Safety Code, to suspend the permit to operate the mobilehome park. In this case, the mobilehome park owner is the person proposing the change in use for purposes of preparing the impact report required by this section and is required to take steps to mitigate the adverse impact of the change as may be required in subdivision (e).(k) This section is applicable when the closure, cessation, or change of use is the result of damage or destruction of the mobilehome park by a disaster as defined in Section 798.62 of the Civil Code. (l) This section establishes a minimum standard for local regulation of the conversion of a mobilehome park to another use, the closure of a mobilehome park, and the cessation of use of the land as a mobilehome park and shall not prevent a local agency from enacting more stringent measures.SEC. 10. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 77 | 72 | ||
| 78 | 73 | The people of the State of California do enact as follows: | |
| 79 | 74 | ||
| 80 | 75 | ## The people of the State of California do enact as follows: | |
| 81 | 76 | ||
| 82 | - | SECTION 1. Section 798.30.7 is added to the Civil Code, to read:798.30.7. (a) This section shall apply for a period of 12 months in any jurisdiction commencing on the date on which any federal, state, or local state of emergency is first declared.(b) (1) Subject to paragraph (2), management shall not, over the course of any 12-month period, increase the gross rental rate for a tenancy in a mobilehome park by more than 3 percent plus the percentage change in the Consumer Price Index, or 5 percent, whichever is lower, of the lowest gross rental rate charged for the tenancy at any time during the 12 months prior to the effective date of the increase.(2) If the same homeowner or successor in interest maintains a tenancy over any 12-month period, the total gross rental rate amount for the tenancy shall not be increased by more than two increments over that 12-month period, subject to the other restrictions of this subdivision governing gross rental rate increases.(3) For a new tenancy in which no homeowner from the prior tenancy remains in lawful possession of the mobilehome space, management may establish the initial rental rate not subject to paragraph (1), unless the applicable local agency or jurisdiction has adopted an ordinance, rule, regulation, or initiative measure that limits the allowable rental rate for a new tenancy, in which case that ordinance, rule, regulation, or initiative measure shall apply. Paragraph (1) shall be applicable to subsequent increases after that initial rental rate has been established, except as otherwise provided in this section.(c) A homeowner with a tenancy subject to this section shall not enter into a sublease that results in a total rent for the premises that exceeds the allowable rental rate authorized by subdivision (c) of Section 798.23.5. Nothing in this subdivision authorizes a homeowner to sublet or assign the homeowners interest where otherwise prohibited.(d) Management shall provide notice of any increase in the rental rate, pursuant to subdivision (b), to each homeowner in accordance with Section 798.30.(e) This section shall not apply to a tenancy for any of the following:(1) A mobilehome space restricted by deed, regulatory restriction contained in an agreement with a governmental agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code or comparable federal statutes.(2) A mobilehome space constructed and maintained in connection with any higher education institution within the state for use and occupancy by students in attendance at the institution.(3) A mobilehome space subject to any ordinance, rule, regulation, or initiative measure that restricts annual increases in the rental rate to an amount less than that provided in subdivision (b).(4) A mobilehome space within a resident-owned mobilehome park, as defined in Section 799.(f) Any waiver of the rights under this section shall be void as contrary to public policy.(g) For the purposes of this section, the following definitions apply:(1) Consumer Price Index for All Urban Consumers for All Items means the following:(A) The Consumer Price Index for All Urban Consumers for All Items (CPI-U) for the metropolitan area in which the property is located, as published by the United States Bureau of Labor Statistics, which are as follows:(i) The CPI-U for the Los Angeles-Long Beach-Anaheim metropolitan area covering the Counties of Los Angeles and Orange.(ii) The CPI-U for the Riverside-San Bernardino-Ontario metropolitan area covering the Counties of Riverside and San Bernardino.(iii) The CPI-U for the San Diego-Carlsbad metropolitan area covering the County of San Diego.(iv) The CPI-U for the San Francisco-Oakland-Hayward metropolitan area covering the Counties of Alameda, Contra Costa, Marin, San Francisco, San Mateo, and Santa Clara.(v) Any successor metropolitan area index to any of the indexes listed in clauses (i) to (iv), inclusive.(B) If the United States Bureau of Labor Statistics does not publish a CPI-U for the metropolitan area in which the property is located, the California Consumer Price Index for All Urban Consumers for All Items as published by the Department of Industrial Relations.(C) Commencing January 1, 2026, if the United States Bureau of Labor Statistics publishes a CPI-U index for one or more metropolitan areas not listed in subparagraph (A), that CPI-U index shall apply in those areas with respect to rent increases that take effect on or after August 1 of the calendar year in which the 12-month change in that CPI-U, as described in subparagraph (B) of paragraph (3), is first published.(2) Management means the management, as defined in Section 798.2, of a qualified mobilehome park.(3) (A) Percentage change in the cost of living means the percentage change in the applicable CPI-U, as described in paragraph (1) and computed pursuant to subparagraph (B) of this paragraph.(B) (i) For rent increases that take effect before August 1 of any calendar year, the following shall apply:(I) The percentage change shall be the percentage change in the amount published for April of the immediately preceding calendar year and April of the year before that.(II) If there is not an amount published in April for the applicable geographic area, the percentage change shall be the percentage change in the amount published for March of the immediately preceding calendar year and March of the year before that.(ii) For rent increases that take effect on or after August 1 of any calendar year, the following shall apply:(I) The percentage change shall be the percentage change in the amount published for April of that calendar year and April of the immediately preceding calendar year.(II) If there is not an amount published in April for the applicable geographic area, the percentage change shall be the percentage change in the amount published for March of that calendar year and March of the immediately preceding calendar year.(iii) The percentage change shall be rounded to the nearest one-tenth of 1 percent.(h) (1) Nothing in this section shall impair, preempt, or affect the authority of a local government to adopt or maintain an ordinance, rule, regulation, or initiative measure that establishes a maximum amount that may be charged for rent, or other regulations for a tenancy. However, if a local ordinance, rule, regulation, or initiative measure allows for a rental rate increase greater than that provided in subdivision (b), this section shall govern the maximum amount that may be charged for rent.(2) Nothing in this section alters the application of Section 798.45 or 798.49 to any ordinance, rule, regulation, or initiative measure that establishes a maximum amount that may be charged for rent.(3) This section is not intended to express any policy regarding the appropriate and allowable rental rate increase limitations when a local government or jurisdiction adopts an ordinance, rule, regulation, or initiative measure regulating rent increases, nor in connection with any mobilehome rent regulation that a local government has chosen to enact and administer, based upon the particular needs or economic conditions within the local jurisdiction. | |
| 77 | + | SECTION 1. Section 798.30.7 is added to the Civil Code, to read:798.30.7. (a) This section shall apply for a period of 12 months in any jurisdiction commencing on the date on which any federal, state, or local state of emergency is first declared.(b) (1) Subject to paragraph (2), management shall not, over the course of any 12-month period, increase the gross rental rate for a tenancy in a mobilehome park by more than 3 percent plus the percentage change in the Consumer Price Index, or 5 percent, whichever is lower, of the lowest gross rental rate charged for the tenancy at any time during the 12 months prior to the effective date of the increase.(2) If the same homeowner or successor in interest maintains a tenancy over any 12-month period, the total gross rental rate amount for the tenancy shall not be increased by more than two increments over that 12-month period, subject to the other restrictions of this subdivision governing gross rental rate increases.(3) For a new tenancy in which no homeowner from the prior tenancy remains in lawful possession of the mobilehome space, management may establish the initial rental rate not subject to paragraph (1), unless the applicable local agency or jurisdiction has adopted an ordinance, rule, regulation, or initiative measure that limits the allowable rental rate for a new tenancy, in which case that ordinance, rule, regulation, or initiative measure shall apply. Paragraph (1) shall be applicable to subsequent increases after that initial rental rate has been established, except as otherwise provided in this section.(c) A homeowner with a tenancy subject to this section shall not enter into a sublease that results in a total rent for the premises that exceeds the allowable rental rate authorized by subdivision (c) of Section 798.23.5. Nothing in this subdivision authorizes a homeowner to sublet or assign the homeowners interest where otherwise prohibited.(d) Management shall provide notice of any increase in the rental rate, pursuant to subdivision (b), to each homeowner in accordance with Section 798.30.(e) This section shall not apply to a tenancy for any of the following:(1) A mobilehome space restricted by deed, regulatory restriction contained in an agreement with a governmental agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code or comparable federal statutes.(2) A mobilehome space constructed and maintained in connection with any higher education institution within the state for use and occupancy by students in attendance at the institution.(3) A mobilehome space subject to any ordinance, rule, regulation, or initiative measure that restricts annual increases in the rental rate to an amount less than that provided in subdivision (b).(4) A mobilehome space within a resident-owned mobilehome park, as defined in Section 799.(f) Any waiver of the rights under this section shall be void as contrary to public policy.(g) For the purposes of this section: section, the following definitions apply:(1) Consumer Price Index for All Urban Consumers for All Items means the following:(A) The Consumer Price Index for All Urban Consumers for All Items (CPI-U) for the metropolitan area in which the property is located, as published by the United States Bureau of Labor Statistics, which are as follows:(i) The CPI-U for the Los Angeles-Long Beach-Anaheim metropolitan area covering the Counties of Los Angeles and Orange.(ii) The CPI-U for the Riverside-San Bernardino-Ontario metropolitan area covering the Counties of Riverside and San Bernardino.(iii) The CPI-U for the San Diego-Carlsbad metropolitan area covering the County of San Diego.(iv) The CPI-U for the San Francisco-Oakland-Hayward metropolitan area covering the Counties of Alameda, Contra Costa, Marin, San Francisco, San Mateo, and Santa Clara.(v) Any successor metropolitan area index to any of the indexes listed in clauses (i) to (iv), inclusive.(B) If the United States Bureau of Labor Statistics does not publish a CPI-U for the metropolitan area in which the property is located, the California Consumer Price Index for All Urban Consumers for All Items as published by the Department of Industrial Relations.(C) Commencing January 1, 2026, if the United States Bureau of Labor Statistics publishes a CPI-U index for one or more metropolitan areas not listed in subparagraph (A), that CPI-U index shall apply in those areas with respect to rent increases that take effect on or after August 1 of the calendar year in which the 12-month change in that CPI-U, as described in subparagraph (B) of paragraph (3), is first published.(2) Management means the management, as defined in Section 798.2, of a qualified mobilehome park.(3) (A) Percentage change in the cost of living means the percentage change in the applicable CPI-U, as described in paragraph (1) and computed pursuant to subparagraph (B) of this paragraph.(B) (i) For rent increases that take effect before August 1 of any calendar year, the following shall apply:(I) The percentage change shall be the percentage change in the amount published for April of the immediately preceding calendar year and April of the year before that.(II) If there is not an amount published in April for the applicable geographic area, the percentage change shall be the percentage change in the amount published for March of the immediately preceding calendar year and March of the year before that.(ii) For rent increases that take effect on or after August 1 of any calendar year, the following shall apply:(I) The percentage change shall be the percentage change in the amount published for April of that calendar year and April of the immediately preceding calendar year.(II) If there is not an amount published in April for the applicable geographic area, the percentage change shall be the percentage change in the amount published for March of that calendar year and March of the immediately preceding calendar year.(iii) The percentage change shall be rounded to the nearest one-tenth of 1 percent.(h) (1) Nothing in this section shall impair, preempt, or affect the authority of a local government to adopt or maintain an ordinance, rule, regulation, or initiative measure that establishes a maximum amount that may be charged for rent, or other regulations for a tenancy. However, if a local ordinance, rule, regulation, or initiative measure allows for a rental rate increase greater than that provided in subdivision (b), this section shall govern the maximum amount that may be charged for rent.(2) Nothing in this section alters the application of Section 798.45 or 798.49 to any ordinance, rule, regulation, or initiative measure that establishes a maximum amount that may be charged for rent.(3) This section is not intended to express any policy regarding the appropriate and allowable rental rate increase limitations when a local government or jurisdiction adopts an ordinance, rule, regulation, or initiative measure regulating rent increases, nor in connection with any mobilehome rent regulation that a local government has chosen to enact and administer, based upon the particular needs or economic conditions within the local jurisdiction. | |
| 83 | 78 | ||
| 84 | 79 | SECTION 1. Section 798.30.7 is added to the Civil Code, to read: | |
| 85 | 80 | ||
| 86 | 81 | ### SECTION 1. | |
| 87 | 82 | ||
| 88 | - | 798.30.7. (a) This section shall apply for a period of 12 months in any jurisdiction commencing on the date on which any federal, state, or local state of emergency is first declared.(b) (1) Subject to paragraph (2), management shall not, over the course of any 12-month period, increase the gross rental rate for a tenancy in a mobilehome park by more than 3 percent plus the percentage change in the Consumer Price Index, or 5 percent, whichever is lower, of the lowest gross rental rate charged for the tenancy at any time during the 12 months prior to the effective date of the increase.(2) If the same homeowner or successor in interest maintains a tenancy over any 12-month period, the total gross rental rate amount for the tenancy shall not be increased by more than two increments over that 12-month period, subject to the other restrictions of this subdivision governing gross rental rate increases.(3) For a new tenancy in which no homeowner from the prior tenancy remains in lawful possession of the mobilehome space, management may establish the initial rental rate not subject to paragraph (1), unless the applicable local agency or jurisdiction has adopted an ordinance, rule, regulation, or initiative measure that limits the allowable rental rate for a new tenancy, in which case that ordinance, rule, regulation, or initiative measure shall apply. Paragraph (1) shall be applicable to subsequent increases after that initial rental rate has been established, except as otherwise provided in this section.(c) A homeowner with a tenancy subject to this section shall not enter into a sublease that results in a total rent for the premises that exceeds the allowable rental rate authorized by subdivision (c) of Section 798.23.5. Nothing in this subdivision authorizes a homeowner to sublet or assign the homeowners interest where otherwise prohibited.(d) Management shall provide notice of any increase in the rental rate, pursuant to subdivision (b), to each homeowner in accordance with Section 798.30.(e) This section shall not apply to a tenancy for any of the following:(1) A mobilehome space restricted by deed, regulatory restriction contained in an agreement with a governmental agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code or comparable federal statutes.(2) A mobilehome space constructed and maintained in connection with any higher education institution within the state for use and occupancy by students in attendance at the institution.(3) A mobilehome space subject to any ordinance, rule, regulation, or initiative measure that restricts annual increases in the rental rate to an amount less than that provided in subdivision (b).(4) A mobilehome space within a resident-owned mobilehome park, as defined in Section 799.(f) Any waiver of the rights under this section shall be void as contrary to public policy.(g) For the purposes of this section, the following definitions apply:(1) Consumer Price Index for All Urban Consumers for All Items means the following:(A) The Consumer Price Index for All Urban Consumers for All Items (CPI-U) for the metropolitan area in which the property is located, as published by the United States Bureau of Labor Statistics, which are as follows:(i) The CPI-U for the Los Angeles-Long Beach-Anaheim metropolitan area covering the Counties of Los Angeles and Orange.(ii) The CPI-U for the Riverside-San Bernardino-Ontario metropolitan area covering the Counties of Riverside and San Bernardino.(iii) The CPI-U for the San Diego-Carlsbad metropolitan area covering the County of San Diego.(iv) The CPI-U for the San Francisco-Oakland-Hayward metropolitan area covering the Counties of Alameda, Contra Costa, Marin, San Francisco, San Mateo, and Santa Clara.(v) Any successor metropolitan area index to any of the indexes listed in clauses (i) to (iv), inclusive.(B) If the United States Bureau of Labor Statistics does not publish a CPI-U for the metropolitan area in which the property is located, the California Consumer Price Index for All Urban Consumers for All Items as published by the Department of Industrial Relations.(C) Commencing January 1, 2026, if the United States Bureau of Labor Statistics publishes a CPI-U index for one or more metropolitan areas not listed in subparagraph (A), that CPI-U index shall apply in those areas with respect to rent increases that take effect on or after August 1 of the calendar year in which the 12-month change in that CPI-U, as described in subparagraph (B) of paragraph (3), is first published.(2) Management means the management, as defined in Section 798.2, of a qualified mobilehome park.(3) (A) Percentage change in the cost of living means the percentage change in the applicable CPI-U, as described in paragraph (1) and computed pursuant to subparagraph (B) of this paragraph.(B) (i) For rent increases that take effect before August 1 of any calendar year, the following shall apply:(I) The percentage change shall be the percentage change in the amount published for April of the immediately preceding calendar year and April of the year before that.(II) If there is not an amount published in April for the applicable geographic area, the percentage change shall be the percentage change in the amount published for March of the immediately preceding calendar year and March of the year before that.(ii) For rent increases that take effect on or after August 1 of any calendar year, the following shall apply:(I) The percentage change shall be the percentage change in the amount published for April of that calendar year and April of the immediately preceding calendar year.(II) If there is not an amount published in April for the applicable geographic area, the percentage change shall be the percentage change in the amount published for March of that calendar year and March of the immediately preceding calendar year.(iii) The percentage change shall be rounded to the nearest one-tenth of 1 percent.(h) (1) Nothing in this section shall impair, preempt, or affect the authority of a local government to adopt or maintain an ordinance, rule, regulation, or initiative measure that establishes a maximum amount that may be charged for rent, or other regulations for a tenancy. However, if a local ordinance, rule, regulation, or initiative measure allows for a rental rate increase greater than that provided in subdivision (b), this section shall govern the maximum amount that may be charged for rent.(2) Nothing in this section alters the application of Section 798.45 or 798.49 to any ordinance, rule, regulation, or initiative measure that establishes a maximum amount that may be charged for rent.(3) This section is not intended to express any policy regarding the appropriate and allowable rental rate increase limitations when a local government or jurisdiction adopts an ordinance, rule, regulation, or initiative measure regulating rent increases, nor in connection with any mobilehome rent regulation that a local government has chosen to enact and administer, based upon the particular needs or economic conditions within the local jurisdiction. | |
| 83 | + | 798.30.7. (a) This section shall apply for a period of 12 months in any jurisdiction commencing on the date on which any federal, state, or local state of emergency is first declared.(b) (1) Subject to paragraph (2), management shall not, over the course of any 12-month period, increase the gross rental rate for a tenancy in a mobilehome park by more than 3 percent plus the percentage change in the Consumer Price Index, or 5 percent, whichever is lower, of the lowest gross rental rate charged for the tenancy at any time during the 12 months prior to the effective date of the increase.(2) If the same homeowner or successor in interest maintains a tenancy over any 12-month period, the total gross rental rate amount for the tenancy shall not be increased by more than two increments over that 12-month period, subject to the other restrictions of this subdivision governing gross rental rate increases.(3) For a new tenancy in which no homeowner from the prior tenancy remains in lawful possession of the mobilehome space, management may establish the initial rental rate not subject to paragraph (1), unless the applicable local agency or jurisdiction has adopted an ordinance, rule, regulation, or initiative measure that limits the allowable rental rate for a new tenancy, in which case that ordinance, rule, regulation, or initiative measure shall apply. Paragraph (1) shall be applicable to subsequent increases after that initial rental rate has been established, except as otherwise provided in this section.(c) A homeowner with a tenancy subject to this section shall not enter into a sublease that results in a total rent for the premises that exceeds the allowable rental rate authorized by subdivision (c) of Section 798.23.5. Nothing in this subdivision authorizes a homeowner to sublet or assign the homeowners interest where otherwise prohibited.(d) Management shall provide notice of any increase in the rental rate, pursuant to subdivision (b), to each homeowner in accordance with Section 798.30.(e) This section shall not apply to a tenancy for any of the following:(1) A mobilehome space restricted by deed, regulatory restriction contained in an agreement with a governmental agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code or comparable federal statutes.(2) A mobilehome space constructed and maintained in connection with any higher education institution within the state for use and occupancy by students in attendance at the institution.(3) A mobilehome space subject to any ordinance, rule, regulation, or initiative measure that restricts annual increases in the rental rate to an amount less than that provided in subdivision (b).(4) A mobilehome space within a resident-owned mobilehome park, as defined in Section 799.(f) Any waiver of the rights under this section shall be void as contrary to public policy.(g) For the purposes of this section: section, the following definitions apply:(1) Consumer Price Index for All Urban Consumers for All Items means the following:(A) The Consumer Price Index for All Urban Consumers for All Items (CPI-U) for the metropolitan area in which the property is located, as published by the United States Bureau of Labor Statistics, which are as follows:(i) The CPI-U for the Los Angeles-Long Beach-Anaheim metropolitan area covering the Counties of Los Angeles and Orange.(ii) The CPI-U for the Riverside-San Bernardino-Ontario metropolitan area covering the Counties of Riverside and San Bernardino.(iii) The CPI-U for the San Diego-Carlsbad metropolitan area covering the County of San Diego.(iv) The CPI-U for the San Francisco-Oakland-Hayward metropolitan area covering the Counties of Alameda, Contra Costa, Marin, San Francisco, San Mateo, and Santa Clara.(v) Any successor metropolitan area index to any of the indexes listed in clauses (i) to (iv), inclusive.(B) If the United States Bureau of Labor Statistics does not publish a CPI-U for the metropolitan area in which the property is located, the California Consumer Price Index for All Urban Consumers for All Items as published by the Department of Industrial Relations.(C) Commencing January 1, 2026, if the United States Bureau of Labor Statistics publishes a CPI-U index for one or more metropolitan areas not listed in subparagraph (A), that CPI-U index shall apply in those areas with respect to rent increases that take effect on or after August 1 of the calendar year in which the 12-month change in that CPI-U, as described in subparagraph (B) of paragraph (3), is first published.(2) Management means the management, as defined in Section 798.2, of a qualified mobilehome park.(3) (A) Percentage change in the cost of living means the percentage change in the applicable CPI-U, as described in paragraph (1) and computed pursuant to subparagraph (B) of this paragraph.(B) (i) For rent increases that take effect before August 1 of any calendar year, the following shall apply:(I) The percentage change shall be the percentage change in the amount published for April of the immediately preceding calendar year and April of the year before that.(II) If there is not an amount published in April for the applicable geographic area, the percentage change shall be the percentage change in the amount published for March of the immediately preceding calendar year and March of the year before that.(ii) For rent increases that take effect on or after August 1 of any calendar year, the following shall apply:(I) The percentage change shall be the percentage change in the amount published for April of that calendar year and April of the immediately preceding calendar year.(II) If there is not an amount published in April for the applicable geographic area, the percentage change shall be the percentage change in the amount published for March of that calendar year and March of the immediately preceding calendar year.(iii) The percentage change shall be rounded to the nearest one-tenth of 1 percent.(h) (1) Nothing in this section shall impair, preempt, or affect the authority of a local government to adopt or maintain an ordinance, rule, regulation, or initiative measure that establishes a maximum amount that may be charged for rent, or other regulations for a tenancy. However, if a local ordinance, rule, regulation, or initiative measure allows for a rental rate increase greater than that provided in subdivision (b), this section shall govern the maximum amount that may be charged for rent.(2) Nothing in this section alters the application of Section 798.45 or 798.49 to any ordinance, rule, regulation, or initiative measure that establishes a maximum amount that may be charged for rent.(3) This section is not intended to express any policy regarding the appropriate and allowable rental rate increase limitations when a local government or jurisdiction adopts an ordinance, rule, regulation, or initiative measure regulating rent increases, nor in connection with any mobilehome rent regulation that a local government has chosen to enact and administer, based upon the particular needs or economic conditions within the local jurisdiction. | |
| 89 | 84 | ||
| 90 | - | 798.30.7. (a) This section shall apply for a period of 12 months in any jurisdiction commencing on the date on which any federal, state, or local state of emergency is first declared.(b) (1) Subject to paragraph (2), management shall not, over the course of any 12-month period, increase the gross rental rate for a tenancy in a mobilehome park by more than 3 percent plus the percentage change in the Consumer Price Index, or 5 percent, whichever is lower, of the lowest gross rental rate charged for the tenancy at any time during the 12 months prior to the effective date of the increase.(2) If the same homeowner or successor in interest maintains a tenancy over any 12-month period, the total gross rental rate amount for the tenancy shall not be increased by more than two increments over that 12-month period, subject to the other restrictions of this subdivision governing gross rental rate increases.(3) For a new tenancy in which no homeowner from the prior tenancy remains in lawful possession of the mobilehome space, management may establish the initial rental rate not subject to paragraph (1), unless the applicable local agency or jurisdiction has adopted an ordinance, rule, regulation, or initiative measure that limits the allowable rental rate for a new tenancy, in which case that ordinance, rule, regulation, or initiative measure shall apply. Paragraph (1) shall be applicable to subsequent increases after that initial rental rate has been established, except as otherwise provided in this section.(c) A homeowner with a tenancy subject to this section shall not enter into a sublease that results in a total rent for the premises that exceeds the allowable rental rate authorized by subdivision (c) of Section 798.23.5. Nothing in this subdivision authorizes a homeowner to sublet or assign the homeowners interest where otherwise prohibited.(d) Management shall provide notice of any increase in the rental rate, pursuant to subdivision (b), to each homeowner in accordance with Section 798.30.(e) This section shall not apply to a tenancy for any of the following:(1) A mobilehome space restricted by deed, regulatory restriction contained in an agreement with a governmental agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code or comparable federal statutes.(2) A mobilehome space constructed and maintained in connection with any higher education institution within the state for use and occupancy by students in attendance at the institution.(3) A mobilehome space subject to any ordinance, rule, regulation, or initiative measure that restricts annual increases in the rental rate to an amount less than that provided in subdivision (b).(4) A mobilehome space within a resident-owned mobilehome park, as defined in Section 799.(f) Any waiver of the rights under this section shall be void as contrary to public policy.(g) For the purposes of this section, the following definitions apply:(1) Consumer Price Index for All Urban Consumers for All Items means the following:(A) The Consumer Price Index for All Urban Consumers for All Items (CPI-U) for the metropolitan area in which the property is located, as published by the United States Bureau of Labor Statistics, which are as follows:(i) The CPI-U for the Los Angeles-Long Beach-Anaheim metropolitan area covering the Counties of Los Angeles and Orange.(ii) The CPI-U for the Riverside-San Bernardino-Ontario metropolitan area covering the Counties of Riverside and San Bernardino.(iii) The CPI-U for the San Diego-Carlsbad metropolitan area covering the County of San Diego.(iv) The CPI-U for the San Francisco-Oakland-Hayward metropolitan area covering the Counties of Alameda, Contra Costa, Marin, San Francisco, San Mateo, and Santa Clara.(v) Any successor metropolitan area index to any of the indexes listed in clauses (i) to (iv), inclusive.(B) If the United States Bureau of Labor Statistics does not publish a CPI-U for the metropolitan area in which the property is located, the California Consumer Price Index for All Urban Consumers for All Items as published by the Department of Industrial Relations.(C) Commencing January 1, 2026, if the United States Bureau of Labor Statistics publishes a CPI-U index for one or more metropolitan areas not listed in subparagraph (A), that CPI-U index shall apply in those areas with respect to rent increases that take effect on or after August 1 of the calendar year in which the 12-month change in that CPI-U, as described in subparagraph (B) of paragraph (3), is first published.(2) Management means the management, as defined in Section 798.2, of a qualified mobilehome park.(3) (A) Percentage change in the cost of living means the percentage change in the applicable CPI-U, as described in paragraph (1) and computed pursuant to subparagraph (B) of this paragraph.(B) (i) For rent increases that take effect before August 1 of any calendar year, the following shall apply:(I) The percentage change shall be the percentage change in the amount published for April of the immediately preceding calendar year and April of the year before that.(II) If there is not an amount published in April for the applicable geographic area, the percentage change shall be the percentage change in the amount published for March of the immediately preceding calendar year and March of the year before that.(ii) For rent increases that take effect on or after August 1 of any calendar year, the following shall apply:(I) The percentage change shall be the percentage change in the amount published for April of that calendar year and April of the immediately preceding calendar year.(II) If there is not an amount published in April for the applicable geographic area, the percentage change shall be the percentage change in the amount published for March of that calendar year and March of the immediately preceding calendar year.(iii) The percentage change shall be rounded to the nearest one-tenth of 1 percent.(h) (1) Nothing in this section shall impair, preempt, or affect the authority of a local government to adopt or maintain an ordinance, rule, regulation, or initiative measure that establishes a maximum amount that may be charged for rent, or other regulations for a tenancy. However, if a local ordinance, rule, regulation, or initiative measure allows for a rental rate increase greater than that provided in subdivision (b), this section shall govern the maximum amount that may be charged for rent.(2) Nothing in this section alters the application of Section 798.45 or 798.49 to any ordinance, rule, regulation, or initiative measure that establishes a maximum amount that may be charged for rent.(3) This section is not intended to express any policy regarding the appropriate and allowable rental rate increase limitations when a local government or jurisdiction adopts an ordinance, rule, regulation, or initiative measure regulating rent increases, nor in connection with any mobilehome rent regulation that a local government has chosen to enact and administer, based upon the particular needs or economic conditions within the local jurisdiction. | |
| 85 | + | 798.30.7. (a) This section shall apply for a period of 12 months in any jurisdiction commencing on the date on which any federal, state, or local state of emergency is first declared.(b) (1) Subject to paragraph (2), management shall not, over the course of any 12-month period, increase the gross rental rate for a tenancy in a mobilehome park by more than 3 percent plus the percentage change in the Consumer Price Index, or 5 percent, whichever is lower, of the lowest gross rental rate charged for the tenancy at any time during the 12 months prior to the effective date of the increase.(2) If the same homeowner or successor in interest maintains a tenancy over any 12-month period, the total gross rental rate amount for the tenancy shall not be increased by more than two increments over that 12-month period, subject to the other restrictions of this subdivision governing gross rental rate increases.(3) For a new tenancy in which no homeowner from the prior tenancy remains in lawful possession of the mobilehome space, management may establish the initial rental rate not subject to paragraph (1), unless the applicable local agency or jurisdiction has adopted an ordinance, rule, regulation, or initiative measure that limits the allowable rental rate for a new tenancy, in which case that ordinance, rule, regulation, or initiative measure shall apply. Paragraph (1) shall be applicable to subsequent increases after that initial rental rate has been established, except as otherwise provided in this section.(c) A homeowner with a tenancy subject to this section shall not enter into a sublease that results in a total rent for the premises that exceeds the allowable rental rate authorized by subdivision (c) of Section 798.23.5. Nothing in this subdivision authorizes a homeowner to sublet or assign the homeowners interest where otherwise prohibited.(d) Management shall provide notice of any increase in the rental rate, pursuant to subdivision (b), to each homeowner in accordance with Section 798.30.(e) This section shall not apply to a tenancy for any of the following:(1) A mobilehome space restricted by deed, regulatory restriction contained in an agreement with a governmental agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code or comparable federal statutes.(2) A mobilehome space constructed and maintained in connection with any higher education institution within the state for use and occupancy by students in attendance at the institution.(3) A mobilehome space subject to any ordinance, rule, regulation, or initiative measure that restricts annual increases in the rental rate to an amount less than that provided in subdivision (b).(4) A mobilehome space within a resident-owned mobilehome park, as defined in Section 799.(f) Any waiver of the rights under this section shall be void as contrary to public policy.(g) For the purposes of this section: section, the following definitions apply:(1) Consumer Price Index for All Urban Consumers for All Items means the following:(A) The Consumer Price Index for All Urban Consumers for All Items (CPI-U) for the metropolitan area in which the property is located, as published by the United States Bureau of Labor Statistics, which are as follows:(i) The CPI-U for the Los Angeles-Long Beach-Anaheim metropolitan area covering the Counties of Los Angeles and Orange.(ii) The CPI-U for the Riverside-San Bernardino-Ontario metropolitan area covering the Counties of Riverside and San Bernardino.(iii) The CPI-U for the San Diego-Carlsbad metropolitan area covering the County of San Diego.(iv) The CPI-U for the San Francisco-Oakland-Hayward metropolitan area covering the Counties of Alameda, Contra Costa, Marin, San Francisco, San Mateo, and Santa Clara.(v) Any successor metropolitan area index to any of the indexes listed in clauses (i) to (iv), inclusive.(B) If the United States Bureau of Labor Statistics does not publish a CPI-U for the metropolitan area in which the property is located, the California Consumer Price Index for All Urban Consumers for All Items as published by the Department of Industrial Relations.(C) Commencing January 1, 2026, if the United States Bureau of Labor Statistics publishes a CPI-U index for one or more metropolitan areas not listed in subparagraph (A), that CPI-U index shall apply in those areas with respect to rent increases that take effect on or after August 1 of the calendar year in which the 12-month change in that CPI-U, as described in subparagraph (B) of paragraph (3), is first published.(2) Management means the management, as defined in Section 798.2, of a qualified mobilehome park.(3) (A) Percentage change in the cost of living means the percentage change in the applicable CPI-U, as described in paragraph (1) and computed pursuant to subparagraph (B) of this paragraph.(B) (i) For rent increases that take effect before August 1 of any calendar year, the following shall apply:(I) The percentage change shall be the percentage change in the amount published for April of the immediately preceding calendar year and April of the year before that.(II) If there is not an amount published in April for the applicable geographic area, the percentage change shall be the percentage change in the amount published for March of the immediately preceding calendar year and March of the year before that.(ii) For rent increases that take effect on or after August 1 of any calendar year, the following shall apply:(I) The percentage change shall be the percentage change in the amount published for April of that calendar year and April of the immediately preceding calendar year.(II) If there is not an amount published in April for the applicable geographic area, the percentage change shall be the percentage change in the amount published for March of that calendar year and March of the immediately preceding calendar year.(iii) The percentage change shall be rounded to the nearest one-tenth of 1 percent.(h) (1) Nothing in this section shall impair, preempt, or affect the authority of a local government to adopt or maintain an ordinance, rule, regulation, or initiative measure that establishes a maximum amount that may be charged for rent, or other regulations for a tenancy. However, if a local ordinance, rule, regulation, or initiative measure allows for a rental rate increase greater than that provided in subdivision (b), this section shall govern the maximum amount that may be charged for rent.(2) Nothing in this section alters the application of Section 798.45 or 798.49 to any ordinance, rule, regulation, or initiative measure that establishes a maximum amount that may be charged for rent.(3) This section is not intended to express any policy regarding the appropriate and allowable rental rate increase limitations when a local government or jurisdiction adopts an ordinance, rule, regulation, or initiative measure regulating rent increases, nor in connection with any mobilehome rent regulation that a local government has chosen to enact and administer, based upon the particular needs or economic conditions within the local jurisdiction. | |
| 91 | 86 | ||
| 92 | - | 798.30.7. (a) This section shall apply for a period of 12 months in any jurisdiction commencing on the date on which any federal, state, or local state of emergency is first declared.(b) (1) Subject to paragraph (2), management shall not, over the course of any 12-month period, increase the gross rental rate for a tenancy in a mobilehome park by more than 3 percent plus the percentage change in the Consumer Price Index, or 5 percent, whichever is lower, of the lowest gross rental rate charged for the tenancy at any time during the 12 months prior to the effective date of the increase.(2) If the same homeowner or successor in interest maintains a tenancy over any 12-month period, the total gross rental rate amount for the tenancy shall not be increased by more than two increments over that 12-month period, subject to the other restrictions of this subdivision governing gross rental rate increases.(3) For a new tenancy in which no homeowner from the prior tenancy remains in lawful possession of the mobilehome space, management may establish the initial rental rate not subject to paragraph (1), unless the applicable local agency or jurisdiction has adopted an ordinance, rule, regulation, or initiative measure that limits the allowable rental rate for a new tenancy, in which case that ordinance, rule, regulation, or initiative measure shall apply. Paragraph (1) shall be applicable to subsequent increases after that initial rental rate has been established, except as otherwise provided in this section.(c) A homeowner with a tenancy subject to this section shall not enter into a sublease that results in a total rent for the premises that exceeds the allowable rental rate authorized by subdivision (c) of Section 798.23.5. Nothing in this subdivision authorizes a homeowner to sublet or assign the homeowners interest where otherwise prohibited.(d) Management shall provide notice of any increase in the rental rate, pursuant to subdivision (b), to each homeowner in accordance with Section 798.30.(e) This section shall not apply to a tenancy for any of the following:(1) A mobilehome space restricted by deed, regulatory restriction contained in an agreement with a governmental agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code or comparable federal statutes.(2) A mobilehome space constructed and maintained in connection with any higher education institution within the state for use and occupancy by students in attendance at the institution.(3) A mobilehome space subject to any ordinance, rule, regulation, or initiative measure that restricts annual increases in the rental rate to an amount less than that provided in subdivision (b).(4) A mobilehome space within a resident-owned mobilehome park, as defined in Section 799.(f) Any waiver of the rights under this section shall be void as contrary to public policy.(g) For the purposes of this section, the following definitions apply:(1) Consumer Price Index for All Urban Consumers for All Items means the following:(A) The Consumer Price Index for All Urban Consumers for All Items (CPI-U) for the metropolitan area in which the property is located, as published by the United States Bureau of Labor Statistics, which are as follows:(i) The CPI-U for the Los Angeles-Long Beach-Anaheim metropolitan area covering the Counties of Los Angeles and Orange.(ii) The CPI-U for the Riverside-San Bernardino-Ontario metropolitan area covering the Counties of Riverside and San Bernardino.(iii) The CPI-U for the San Diego-Carlsbad metropolitan area covering the County of San Diego.(iv) The CPI-U for the San Francisco-Oakland-Hayward metropolitan area covering the Counties of Alameda, Contra Costa, Marin, San Francisco, San Mateo, and Santa Clara.(v) Any successor metropolitan area index to any of the indexes listed in clauses (i) to (iv), inclusive.(B) If the United States Bureau of Labor Statistics does not publish a CPI-U for the metropolitan area in which the property is located, the California Consumer Price Index for All Urban Consumers for All Items as published by the Department of Industrial Relations.(C) Commencing January 1, 2026, if the United States Bureau of Labor Statistics publishes a CPI-U index for one or more metropolitan areas not listed in subparagraph (A), that CPI-U index shall apply in those areas with respect to rent increases that take effect on or after August 1 of the calendar year in which the 12-month change in that CPI-U, as described in subparagraph (B) of paragraph (3), is first published.(2) Management means the management, as defined in Section 798.2, of a qualified mobilehome park.(3) (A) Percentage change in the cost of living means the percentage change in the applicable CPI-U, as described in paragraph (1) and computed pursuant to subparagraph (B) of this paragraph.(B) (i) For rent increases that take effect before August 1 of any calendar year, the following shall apply:(I) The percentage change shall be the percentage change in the amount published for April of the immediately preceding calendar year and April of the year before that.(II) If there is not an amount published in April for the applicable geographic area, the percentage change shall be the percentage change in the amount published for March of the immediately preceding calendar year and March of the year before that.(ii) For rent increases that take effect on or after August 1 of any calendar year, the following shall apply:(I) The percentage change shall be the percentage change in the amount published for April of that calendar year and April of the immediately preceding calendar year.(II) If there is not an amount published in April for the applicable geographic area, the percentage change shall be the percentage change in the amount published for March of that calendar year and March of the immediately preceding calendar year.(iii) The percentage change shall be rounded to the nearest one-tenth of 1 percent.(h) (1) Nothing in this section shall impair, preempt, or affect the authority of a local government to adopt or maintain an ordinance, rule, regulation, or initiative measure that establishes a maximum amount that may be charged for rent, or other regulations for a tenancy. However, if a local ordinance, rule, regulation, or initiative measure allows for a rental rate increase greater than that provided in subdivision (b), this section shall govern the maximum amount that may be charged for rent.(2) Nothing in this section alters the application of Section 798.45 or 798.49 to any ordinance, rule, regulation, or initiative measure that establishes a maximum amount that may be charged for rent.(3) This section is not intended to express any policy regarding the appropriate and allowable rental rate increase limitations when a local government or jurisdiction adopts an ordinance, rule, regulation, or initiative measure regulating rent increases, nor in connection with any mobilehome rent regulation that a local government has chosen to enact and administer, based upon the particular needs or economic conditions within the local jurisdiction. | |
| 87 | + | 798.30.7. (a) This section shall apply for a period of 12 months in any jurisdiction commencing on the date on which any federal, state, or local state of emergency is first declared.(b) (1) Subject to paragraph (2), management shall not, over the course of any 12-month period, increase the gross rental rate for a tenancy in a mobilehome park by more than 3 percent plus the percentage change in the Consumer Price Index, or 5 percent, whichever is lower, of the lowest gross rental rate charged for the tenancy at any time during the 12 months prior to the effective date of the increase.(2) If the same homeowner or successor in interest maintains a tenancy over any 12-month period, the total gross rental rate amount for the tenancy shall not be increased by more than two increments over that 12-month period, subject to the other restrictions of this subdivision governing gross rental rate increases.(3) For a new tenancy in which no homeowner from the prior tenancy remains in lawful possession of the mobilehome space, management may establish the initial rental rate not subject to paragraph (1), unless the applicable local agency or jurisdiction has adopted an ordinance, rule, regulation, or initiative measure that limits the allowable rental rate for a new tenancy, in which case that ordinance, rule, regulation, or initiative measure shall apply. Paragraph (1) shall be applicable to subsequent increases after that initial rental rate has been established, except as otherwise provided in this section.(c) A homeowner with a tenancy subject to this section shall not enter into a sublease that results in a total rent for the premises that exceeds the allowable rental rate authorized by subdivision (c) of Section 798.23.5. Nothing in this subdivision authorizes a homeowner to sublet or assign the homeowners interest where otherwise prohibited.(d) Management shall provide notice of any increase in the rental rate, pursuant to subdivision (b), to each homeowner in accordance with Section 798.30.(e) This section shall not apply to a tenancy for any of the following:(1) A mobilehome space restricted by deed, regulatory restriction contained in an agreement with a governmental agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code or comparable federal statutes.(2) A mobilehome space constructed and maintained in connection with any higher education institution within the state for use and occupancy by students in attendance at the institution.(3) A mobilehome space subject to any ordinance, rule, regulation, or initiative measure that restricts annual increases in the rental rate to an amount less than that provided in subdivision (b).(4) A mobilehome space within a resident-owned mobilehome park, as defined in Section 799.(f) Any waiver of the rights under this section shall be void as contrary to public policy.(g) For the purposes of this section: section, the following definitions apply:(1) Consumer Price Index for All Urban Consumers for All Items means the following:(A) The Consumer Price Index for All Urban Consumers for All Items (CPI-U) for the metropolitan area in which the property is located, as published by the United States Bureau of Labor Statistics, which are as follows:(i) The CPI-U for the Los Angeles-Long Beach-Anaheim metropolitan area covering the Counties of Los Angeles and Orange.(ii) The CPI-U for the Riverside-San Bernardino-Ontario metropolitan area covering the Counties of Riverside and San Bernardino.(iii) The CPI-U for the San Diego-Carlsbad metropolitan area covering the County of San Diego.(iv) The CPI-U for the San Francisco-Oakland-Hayward metropolitan area covering the Counties of Alameda, Contra Costa, Marin, San Francisco, San Mateo, and Santa Clara.(v) Any successor metropolitan area index to any of the indexes listed in clauses (i) to (iv), inclusive.(B) If the United States Bureau of Labor Statistics does not publish a CPI-U for the metropolitan area in which the property is located, the California Consumer Price Index for All Urban Consumers for All Items as published by the Department of Industrial Relations.(C) Commencing January 1, 2026, if the United States Bureau of Labor Statistics publishes a CPI-U index for one or more metropolitan areas not listed in subparagraph (A), that CPI-U index shall apply in those areas with respect to rent increases that take effect on or after August 1 of the calendar year in which the 12-month change in that CPI-U, as described in subparagraph (B) of paragraph (3), is first published.(2) Management means the management, as defined in Section 798.2, of a qualified mobilehome park.(3) (A) Percentage change in the cost of living means the percentage change in the applicable CPI-U, as described in paragraph (1) and computed pursuant to subparagraph (B) of this paragraph.(B) (i) For rent increases that take effect before August 1 of any calendar year, the following shall apply:(I) The percentage change shall be the percentage change in the amount published for April of the immediately preceding calendar year and April of the year before that.(II) If there is not an amount published in April for the applicable geographic area, the percentage change shall be the percentage change in the amount published for March of the immediately preceding calendar year and March of the year before that.(ii) For rent increases that take effect on or after August 1 of any calendar year, the following shall apply:(I) The percentage change shall be the percentage change in the amount published for April of that calendar year and April of the immediately preceding calendar year.(II) If there is not an amount published in April for the applicable geographic area, the percentage change shall be the percentage change in the amount published for March of that calendar year and March of the immediately preceding calendar year.(iii) The percentage change shall be rounded to the nearest one-tenth of 1 percent.(h) (1) Nothing in this section shall impair, preempt, or affect the authority of a local government to adopt or maintain an ordinance, rule, regulation, or initiative measure that establishes a maximum amount that may be charged for rent, or other regulations for a tenancy. However, if a local ordinance, rule, regulation, or initiative measure allows for a rental rate increase greater than that provided in subdivision (b), this section shall govern the maximum amount that may be charged for rent.(2) Nothing in this section alters the application of Section 798.45 or 798.49 to any ordinance, rule, regulation, or initiative measure that establishes a maximum amount that may be charged for rent.(3) This section is not intended to express any policy regarding the appropriate and allowable rental rate increase limitations when a local government or jurisdiction adopts an ordinance, rule, regulation, or initiative measure regulating rent increases, nor in connection with any mobilehome rent regulation that a local government has chosen to enact and administer, based upon the particular needs or economic conditions within the local jurisdiction. | |
| 88 | + | ||
| 89 | + | ||
| 93 | 90 | ||
| 94 | 91 | 798.30.7. (a) This section shall apply for a period of 12 months in any jurisdiction commencing on the date on which any federal, state, or local state of emergency is first declared. | |
| 95 | - | ||
| 96 | - | ###### 798.30.7. | |
| 97 | 92 | ||
| 98 | 93 | (b) (1) Subject to paragraph (2), management shall not, over the course of any 12-month period, increase the gross rental rate for a tenancy in a mobilehome park by more than 3 percent plus the percentage change in the Consumer Price Index, or 5 percent, whichever is lower, of the lowest gross rental rate charged for the tenancy at any time during the 12 months prior to the effective date of the increase. | |
| 99 | 94 | ||
| 100 | 95 | (2) If the same homeowner or successor in interest maintains a tenancy over any 12-month period, the total gross rental rate amount for the tenancy shall not be increased by more than two increments over that 12-month period, subject to the other restrictions of this subdivision governing gross rental rate increases. | |
| 101 | 96 | ||
| 102 | 97 | (3) For a new tenancy in which no homeowner from the prior tenancy remains in lawful possession of the mobilehome space, management may establish the initial rental rate not subject to paragraph (1), unless the applicable local agency or jurisdiction has adopted an ordinance, rule, regulation, or initiative measure that limits the allowable rental rate for a new tenancy, in which case that ordinance, rule, regulation, or initiative measure shall apply. Paragraph (1) shall be applicable to subsequent increases after that initial rental rate has been established, except as otherwise provided in this section. | |
| 103 | 98 | ||
| 104 | 99 | (c) A homeowner with a tenancy subject to this section shall not enter into a sublease that results in a total rent for the premises that exceeds the allowable rental rate authorized by subdivision (c) of Section 798.23.5. Nothing in this subdivision authorizes a homeowner to sublet or assign the homeowners interest where otherwise prohibited. | |
| 105 | 100 | ||
| 106 | 101 | (d) Management shall provide notice of any increase in the rental rate, pursuant to subdivision (b), to each homeowner in accordance with Section 798.30. | |
| 107 | 102 | ||
| 108 | 103 | (e) This section shall not apply to a tenancy for any of the following: | |
| 109 | 104 | ||
| 110 | 105 | (1) A mobilehome space restricted by deed, regulatory restriction contained in an agreement with a governmental agency, or other recorded document as affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code or comparable federal statutes. | |
| 111 | 106 | ||
| 112 | 107 | (2) A mobilehome space constructed and maintained in connection with any higher education institution within the state for use and occupancy by students in attendance at the institution. | |
| 113 | 108 | ||
| 114 | 109 | (3) A mobilehome space subject to any ordinance, rule, regulation, or initiative measure that restricts annual increases in the rental rate to an amount less than that provided in subdivision (b). | |
| 115 | 110 | ||
| 116 | 111 | (4) A mobilehome space within a resident-owned mobilehome park, as defined in Section 799. | |
| 117 | 112 | ||
| 118 | 113 | (f) Any waiver of the rights under this section shall be void as contrary to public policy. | |
| 119 | 114 | ||
| 120 | - | (g) For the purposes of this section, the following definitions apply: | |
| 115 | + | (g) For the purposes of this section: section, the following definitions apply: | |
| 121 | 116 | ||
| 122 | 117 | (1) Consumer Price Index for All Urban Consumers for All Items means the following: | |
| 123 | 118 | ||
| 124 | 119 | (A) The Consumer Price Index for All Urban Consumers for All Items (CPI-U) for the metropolitan area in which the property is located, as published by the United States Bureau of Labor Statistics, which are as follows: | |
| 125 | 120 | ||
| 126 | 121 | (i) The CPI-U for the Los Angeles-Long Beach-Anaheim metropolitan area covering the Counties of Los Angeles and Orange. | |
| 127 | 122 | ||
| 128 | 123 | (ii) The CPI-U for the Riverside-San Bernardino-Ontario metropolitan area covering the Counties of Riverside and San Bernardino. | |
| 129 | 124 | ||
| 130 | 125 | (iii) The CPI-U for the San Diego-Carlsbad metropolitan area covering the County of San Diego. | |
| 131 | 126 | ||
| 132 | 127 | (iv) The CPI-U for the San Francisco-Oakland-Hayward metropolitan area covering the Counties of Alameda, Contra Costa, Marin, San Francisco, San Mateo, and Santa Clara. | |
| 133 | 128 | ||
| 134 | 129 | (v) Any successor metropolitan area index to any of the indexes listed in clauses (i) to (iv), inclusive. | |
| 135 | 130 | ||
| 136 | 131 | (B) If the United States Bureau of Labor Statistics does not publish a CPI-U for the metropolitan area in which the property is located, the California Consumer Price Index for All Urban Consumers for All Items as published by the Department of Industrial Relations. | |
| 137 | 132 | ||
| 138 | 133 | (C) Commencing January 1, 2026, if the United States Bureau of Labor Statistics publishes a CPI-U index for one or more metropolitan areas not listed in subparagraph (A), that CPI-U index shall apply in those areas with respect to rent increases that take effect on or after August 1 of the calendar year in which the 12-month change in that CPI-U, as described in subparagraph (B) of paragraph (3), is first published. | |
| 139 | 134 | ||
| 140 | 135 | (2) Management means the management, as defined in Section 798.2, of a qualified mobilehome park. | |
| 141 | 136 | ||
| 142 | 137 | (3) (A) Percentage change in the cost of living means the percentage change in the applicable CPI-U, as described in paragraph (1) and computed pursuant to subparagraph (B) of this paragraph. | |
| 143 | 138 | ||
| 144 | 139 | (B) (i) For rent increases that take effect before August 1 of any calendar year, the following shall apply: | |
| 145 | 140 | ||
| 146 | 141 | (I) The percentage change shall be the percentage change in the amount published for April of the immediately preceding calendar year and April of the year before that. | |
| 147 | 142 | ||
| 148 | 143 | (II) If there is not an amount published in April for the applicable geographic area, the percentage change shall be the percentage change in the amount published for March of the immediately preceding calendar year and March of the year before that. | |
| 149 | 144 | ||
| 150 | 145 | (ii) For rent increases that take effect on or after August 1 of any calendar year, the following shall apply: | |
| 151 | 146 | ||
| 152 | 147 | (I) The percentage change shall be the percentage change in the amount published for April of that calendar year and April of the immediately preceding calendar year. | |
| 153 | 148 | ||
| 154 | 149 | (II) If there is not an amount published in April for the applicable geographic area, the percentage change shall be the percentage change in the amount published for March of that calendar year and March of the immediately preceding calendar year. | |
| 155 | 150 | ||
| 156 | 151 | (iii) The percentage change shall be rounded to the nearest one-tenth of 1 percent. | |
| 157 | 152 | ||
| 158 | 153 | (h) (1) Nothing in this section shall impair, preempt, or affect the authority of a local government to adopt or maintain an ordinance, rule, regulation, or initiative measure that establishes a maximum amount that may be charged for rent, or other regulations for a tenancy. However, if a local ordinance, rule, regulation, or initiative measure allows for a rental rate increase greater than that provided in subdivision (b), this section shall govern the maximum amount that may be charged for rent. | |
| 159 | 154 | ||
| 160 | 155 | (2) Nothing in this section alters the application of Section 798.45 or 798.49 to any ordinance, rule, regulation, or initiative measure that establishes a maximum amount that may be charged for rent. | |
| 161 | 156 | ||
| 162 | 157 | (3) This section is not intended to express any policy regarding the appropriate and allowable rental rate increase limitations when a local government or jurisdiction adopts an ordinance, rule, regulation, or initiative measure regulating rent increases, nor in connection with any mobilehome rent regulation that a local government has chosen to enact and administer, based upon the particular needs or economic conditions within the local jurisdiction. | |
| 163 | 158 | ||
| 164 | - | SEC. 2. Section 798.62 of the Civil Code is amended to read:798.62. (a) If a mobilehome park is damaged or destroyed as a result of a disaster, and management elects to rebuild the park, management shall offer a renewed tenancy in the rebuilt mobilehome park to all previous homeowners in accordance with the following:(1) The offer of renewed tenancy shall be on substantially the same terms as the previous homeowners rental agreement that was in existence at the time of the disaster. However, management may adjust terms in the previous rental agreement to reflect costs and expenses, not to exceed 10 percent of the previous rental rate charged for the space, to rebuild the park that were incurred from the time of the disaster until management received a final certificate of occupancy for all spaces in the park. These costs and expenses may include, but are not limited to, costs associated with demolition, reconstruction, and environmental remediation, as well as taxes and interest expenses, not to exceed 10 percent of the previous rental rate charged for the space.(2) Management shall provide the previous homeowner, upon request, a statement listing the costs and expenses incurred in rebuilding the park and how the costs and expenses relate to the adjustment of terms in the rental agreement.(3) The offer shall include an application to accept the renewed tenancy, the terms of the renewed tenancy, the deposit required to secure the renewed tenancy, and a clear statement of when the offer expires.(4) Management shall send each previous homeowner the offer by certified mail, at least 240 days before the park is reopened, to the last postal address for the previous homeowner known to management, which may be the previous homeowners former address within the park. If management has an email address or telephone number for the previous homeowner, management shall additionally attempt to notify the homeowner of the offer by those means.(5) A previous homeowner may accept the offer by submitting, within 60 days from the date the homeowner receives the offer, the application and required deposit to secure the renewed tenancy to management and sign a rental agreement. If the previous homeowner fails to accept the offer within this time period, then the previous homeowners right to a renewed tenancy under this section is deemed forfeited.(6) Management shall process applications for renewed tenancy on a first-come-first-served basis.(7) The previous homeowner shall not transfer the right to a renewed tenancy.(b) (1) If a mobilehome park is damaged or destroyed as a result of a disaster and management owns one or more other mobilehome parks in California that have not been destroyed, then, until the damaged or destroyed park has been rebuilt, the management shall offer any space that is or becomes vacant to the previous homeowners on substantially the same terms as the previous homeowners rental agreement that was in existence at the time of the disaster, except that management may increase the space rental rate by any amount that would have been legally permissible at the damaged or destroyed park.(2) (A) Management shall establish a roster of previous homeowners for the purpose of making the offers required by paragraph (1). After the initial roster has been established, the previous homeowner shall have the duty to provide management with current contract | |
| 159 | + | SEC. 2. Section 798.62 of the Civil Code is amended to read:798.62. (a) If a mobilehome park is damaged or destroyed as a result of a disaster, and management elects to rebuild the park, management shall offer a renewed tenancy in the rebuilt mobilehome park to all previous homeowners in accordance with the following:(1) The offer of renewed tenancy shall be on substantially the same terms as the previous homeowners rental agreement that was in existence at the time of the disaster. However, management may adjust terms in the previous rental agreement to reflect costs and expenses, not to exceed 10 percent of the previous rental rate charged for the space, to rebuild the park that were incurred from the time of the disaster until management received a final certificate of occupancy for all spaces in the park. These costs and expenses may include, but are not limited to, costs associated with demolition, reconstruction, and environmental remediation, as well as taxes and interest expenses, not to exceed 10 percent of the previous rental rate charged for the space.(2) Management shall provide the previous homeowner, upon request, a statement listing the costs and expenses incurred in rebuilding the park and how the costs and expenses relate to the adjustment of terms in the rental agreement.(3) The offer shall include an application to accept the renewed tenancy, the terms of the renewed tenancy, the deposit required to secure the renewed tenancy, and a clear statement of when the offer expires.(4) Management shall send each previous homeowner the offer by certified mail, at least 240 days before the park is reopened, to the last postal address for the previous homeowner known to management, which may be the previous homeowners former address within the park. If management has an email address or telephone number for the previous homeowner, management shall additionally attempt to notify the homeowner of the offer by those means.(5) A previous homeowner may accept the offer by submitting, within 60 days from the date the homeowner receives the offer, the application and required deposit to secure the renewed tenancy to management and sign a rental agreement. If the previous homeowner fails to accept the offer within this time period, then the previous homeowners right to a renewed tenancy under this section is deemed forfeited.(6) Management shall process applications for renewed tenancy on a first-come-first-served basis.(7) The previous homeowner shall not transfer the right to a renewed tenancy.(b) (1) If a mobilehome park is damaged or destroyed as a result of a disaster and management owns one or more other mobilehome parks in California that have not been destroyed, then, until the damaged or destroyed park has been rebuilt, the management shall offer any space that is or becomes vacant to the previous homeowners on substantially the same terms as the previous homeowners rental agreement that was in existence at the time of the disaster, except that management may increase the space rental rate by any amount that would have been legally permissible at the damaged or destroyed park.(2) (A) Management shall establish a roster of previous homeowners for the purpose of making the offers required by paragraph (1). After the initial roster has been established, the previous homeowner shall have the duty to provide management with current contract information.(B) If there are more previous homeowners than there are vacancies in the managements other parks, management shall, by a method that will ensure random selection, develop an ordered list of the previous homeowners and offer any vacancies in sequential order according to the list. (c) For purposes of this section, the following definitions apply:(1) Disaster means a natural or manmade emergency resulting from an earthquake, flood, fire, riot, storm, drought, plant or animal infestation or disease, pandemic or epidemic disease outbreak, or other natural or manmade disaster for which a state of emergency has been declared by the President of the United States or the Governor, or for which a local emergency has been declared by an official, board, or other governing body vested with authority to make that declaration in any county, city, or city and county in California.(2) Previous homeowner means a homeowner with a valid tenancy in a mobilehome park at the time of a disaster.(3) Rebuild means to re-establish or complete construction of any mobilehome space in California within 10 years of the disaster. | |
| 165 | 160 | ||
| 166 | 161 | SEC. 2. Section 798.62 of the Civil Code is amended to read: | |
| 167 | 162 | ||
| 168 | 163 | ### SEC. 2. | |
| 169 | 164 | ||
| 170 | - | 798.62. (a) If a mobilehome park is damaged or destroyed as a result of a disaster, and management elects to rebuild the park, management shall offer a renewed tenancy in the rebuilt mobilehome park to all previous homeowners in accordance with the following:(1) The offer of renewed tenancy shall be on substantially the same terms as the previous homeowners rental agreement that was in existence at the time of the disaster. However, management may adjust terms in the previous rental agreement to reflect costs and expenses, not to exceed 10 percent of the previous rental rate charged for the space, to rebuild the park that were incurred from the time of the disaster until management received a final certificate of occupancy for all spaces in the park. These costs and expenses may include, but are not limited to, costs associated with demolition, reconstruction, and environmental remediation, as well as taxes and interest expenses, not to exceed 10 percent of the previous rental rate charged for the space.(2) Management shall provide the previous homeowner, upon request, a statement listing the costs and expenses incurred in rebuilding the park and how the costs and expenses relate to the adjustment of terms in the rental agreement.(3) The offer shall include an application to accept the renewed tenancy, the terms of the renewed tenancy, the deposit required to secure the renewed tenancy, and a clear statement of when the offer expires.(4) Management shall send each previous homeowner the offer by certified mail, at least 240 days before the park is reopened, to the last postal address for the previous homeowner known to management, which may be the previous homeowners former address within the park. If management has an email address or telephone number for the previous homeowner, management shall additionally attempt to notify the homeowner of the offer by those means.(5) A previous homeowner may accept the offer by submitting, within 60 days from the date the homeowner receives the offer, the application and required deposit to secure the renewed tenancy to management and sign a rental agreement. If the previous homeowner fails to accept the offer within this time period, then the previous homeowners right to a renewed tenancy under this section is deemed forfeited.(6) Management shall process applications for renewed tenancy on a first-come-first-served basis.(7) The previous homeowner shall not transfer the right to a renewed tenancy.(b) (1) If a mobilehome park is damaged or destroyed as a result of a disaster and management owns one or more other mobilehome parks in California that have not been destroyed, then, until the damaged or destroyed park has been rebuilt, the management shall offer any space that is or becomes vacant to the previous homeowners on substantially the same terms as the previous homeowners rental agreement that was in existence at the time of the disaster, except that management may increase the space rental rate by any amount that would have been legally permissible at the damaged or destroyed park.(2) (A) Management shall establish a roster of previous homeowners for the purpose of making the offers required by paragraph (1). After the initial roster has been established, the previous homeowner shall have the duty to provide management with current contract | |
| 165 | + | 798.62. (a) If a mobilehome park is damaged or destroyed as a result of a disaster, and management elects to rebuild the park, management shall offer a renewed tenancy in the rebuilt mobilehome park to all previous homeowners in accordance with the following:(1) The offer of renewed tenancy shall be on substantially the same terms as the previous homeowners rental agreement that was in existence at the time of the disaster. However, management may adjust terms in the previous rental agreement to reflect costs and expenses, not to exceed 10 percent of the previous rental rate charged for the space, to rebuild the park that were incurred from the time of the disaster until management received a final certificate of occupancy for all spaces in the park. These costs and expenses may include, but are not limited to, costs associated with demolition, reconstruction, and environmental remediation, as well as taxes and interest expenses, not to exceed 10 percent of the previous rental rate charged for the space.(2) Management shall provide the previous homeowner, upon request, a statement listing the costs and expenses incurred in rebuilding the park and how the costs and expenses relate to the adjustment of terms in the rental agreement.(3) The offer shall include an application to accept the renewed tenancy, the terms of the renewed tenancy, the deposit required to secure the renewed tenancy, and a clear statement of when the offer expires.(4) Management shall send each previous homeowner the offer by certified mail, at least 240 days before the park is reopened, to the last postal address for the previous homeowner known to management, which may be the previous homeowners former address within the park. If management has an email address or telephone number for the previous homeowner, management shall additionally attempt to notify the homeowner of the offer by those means.(5) A previous homeowner may accept the offer by submitting, within 60 days from the date the homeowner receives the offer, the application and required deposit to secure the renewed tenancy to management and sign a rental agreement. If the previous homeowner fails to accept the offer within this time period, then the previous homeowners right to a renewed tenancy under this section is deemed forfeited.(6) Management shall process applications for renewed tenancy on a first-come-first-served basis.(7) The previous homeowner shall not transfer the right to a renewed tenancy.(b) (1) If a mobilehome park is damaged or destroyed as a result of a disaster and management owns one or more other mobilehome parks in California that have not been destroyed, then, until the damaged or destroyed park has been rebuilt, the management shall offer any space that is or becomes vacant to the previous homeowners on substantially the same terms as the previous homeowners rental agreement that was in existence at the time of the disaster, except that management may increase the space rental rate by any amount that would have been legally permissible at the damaged or destroyed park.(2) (A) Management shall establish a roster of previous homeowners for the purpose of making the offers required by paragraph (1). After the initial roster has been established, the previous homeowner shall have the duty to provide management with current contract information.(B) If there are more previous homeowners than there are vacancies in the managements other parks, management shall, by a method that will ensure random selection, develop an ordered list of the previous homeowners and offer any vacancies in sequential order according to the list. (c) For purposes of this section, the following definitions apply:(1) Disaster means a natural or manmade emergency resulting from an earthquake, flood, fire, riot, storm, drought, plant or animal infestation or disease, pandemic or epidemic disease outbreak, or other natural or manmade disaster for which a state of emergency has been declared by the President of the United States or the Governor, or for which a local emergency has been declared by an official, board, or other governing body vested with authority to make that declaration in any county, city, or city and county in California.(2) Previous homeowner means a homeowner with a valid tenancy in a mobilehome park at the time of a disaster.(3) Rebuild means to re-establish or complete construction of any mobilehome space in California within 10 years of the disaster. | |
| 171 | 166 | ||
| 172 | - | 798.62. (a) If a mobilehome park is damaged or destroyed as a result of a disaster, and management elects to rebuild the park, management shall offer a renewed tenancy in the rebuilt mobilehome park to all previous homeowners in accordance with the following:(1) The offer of renewed tenancy shall be on substantially the same terms as the previous homeowners rental agreement that was in existence at the time of the disaster. However, management may adjust terms in the previous rental agreement to reflect costs and expenses, not to exceed 10 percent of the previous rental rate charged for the space, to rebuild the park that were incurred from the time of the disaster until management received a final certificate of occupancy for all spaces in the park. These costs and expenses may include, but are not limited to, costs associated with demolition, reconstruction, and environmental remediation, as well as taxes and interest expenses, not to exceed 10 percent of the previous rental rate charged for the space.(2) Management shall provide the previous homeowner, upon request, a statement listing the costs and expenses incurred in rebuilding the park and how the costs and expenses relate to the adjustment of terms in the rental agreement.(3) The offer shall include an application to accept the renewed tenancy, the terms of the renewed tenancy, the deposit required to secure the renewed tenancy, and a clear statement of when the offer expires.(4) Management shall send each previous homeowner the offer by certified mail, at least 240 days before the park is reopened, to the last postal address for the previous homeowner known to management, which may be the previous homeowners former address within the park. If management has an email address or telephone number for the previous homeowner, management shall additionally attempt to notify the homeowner of the offer by those means.(5) A previous homeowner may accept the offer by submitting, within 60 days from the date the homeowner receives the offer, the application and required deposit to secure the renewed tenancy to management and sign a rental agreement. If the previous homeowner fails to accept the offer within this time period, then the previous homeowners right to a renewed tenancy under this section is deemed forfeited.(6) Management shall process applications for renewed tenancy on a first-come-first-served basis.(7) The previous homeowner shall not transfer the right to a renewed tenancy.(b) (1) If a mobilehome park is damaged or destroyed as a result of a disaster and management owns one or more other mobilehome parks in California that have not been destroyed, then, until the damaged or destroyed park has been rebuilt, the management shall offer any space that is or becomes vacant to the previous homeowners on substantially the same terms as the previous homeowners rental agreement that was in existence at the time of the disaster, except that management may increase the space rental rate by any amount that would have been legally permissible at the damaged or destroyed park.(2) (A) Management shall establish a roster of previous homeowners for the purpose of making the offers required by paragraph (1). After the initial roster has been established, the previous homeowner shall have the duty to provide management with current contract | |
| 167 | + | 798.62. (a) If a mobilehome park is damaged or destroyed as a result of a disaster, and management elects to rebuild the park, management shall offer a renewed tenancy in the rebuilt mobilehome park to all previous homeowners in accordance with the following:(1) The offer of renewed tenancy shall be on substantially the same terms as the previous homeowners rental agreement that was in existence at the time of the disaster. However, management may adjust terms in the previous rental agreement to reflect costs and expenses, not to exceed 10 percent of the previous rental rate charged for the space, to rebuild the park that were incurred from the time of the disaster until management received a final certificate of occupancy for all spaces in the park. These costs and expenses may include, but are not limited to, costs associated with demolition, reconstruction, and environmental remediation, as well as taxes and interest expenses, not to exceed 10 percent of the previous rental rate charged for the space.(2) Management shall provide the previous homeowner, upon request, a statement listing the costs and expenses incurred in rebuilding the park and how the costs and expenses relate to the adjustment of terms in the rental agreement.(3) The offer shall include an application to accept the renewed tenancy, the terms of the renewed tenancy, the deposit required to secure the renewed tenancy, and a clear statement of when the offer expires.(4) Management shall send each previous homeowner the offer by certified mail, at least 240 days before the park is reopened, to the last postal address for the previous homeowner known to management, which may be the previous homeowners former address within the park. If management has an email address or telephone number for the previous homeowner, management shall additionally attempt to notify the homeowner of the offer by those means.(5) A previous homeowner may accept the offer by submitting, within 60 days from the date the homeowner receives the offer, the application and required deposit to secure the renewed tenancy to management and sign a rental agreement. If the previous homeowner fails to accept the offer within this time period, then the previous homeowners right to a renewed tenancy under this section is deemed forfeited.(6) Management shall process applications for renewed tenancy on a first-come-first-served basis.(7) The previous homeowner shall not transfer the right to a renewed tenancy.(b) (1) If a mobilehome park is damaged or destroyed as a result of a disaster and management owns one or more other mobilehome parks in California that have not been destroyed, then, until the damaged or destroyed park has been rebuilt, the management shall offer any space that is or becomes vacant to the previous homeowners on substantially the same terms as the previous homeowners rental agreement that was in existence at the time of the disaster, except that management may increase the space rental rate by any amount that would have been legally permissible at the damaged or destroyed park.(2) (A) Management shall establish a roster of previous homeowners for the purpose of making the offers required by paragraph (1). After the initial roster has been established, the previous homeowner shall have the duty to provide management with current contract information.(B) If there are more previous homeowners than there are vacancies in the managements other parks, management shall, by a method that will ensure random selection, develop an ordered list of the previous homeowners and offer any vacancies in sequential order according to the list. (c) For purposes of this section, the following definitions apply:(1) Disaster means a natural or manmade emergency resulting from an earthquake, flood, fire, riot, storm, drought, plant or animal infestation or disease, pandemic or epidemic disease outbreak, or other natural or manmade disaster for which a state of emergency has been declared by the President of the United States or the Governor, or for which a local emergency has been declared by an official, board, or other governing body vested with authority to make that declaration in any county, city, or city and county in California.(2) Previous homeowner means a homeowner with a valid tenancy in a mobilehome park at the time of a disaster.(3) Rebuild means to re-establish or complete construction of any mobilehome space in California within 10 years of the disaster. | |
| 173 | 168 | ||
| 174 | - | 798.62. (a) If a mobilehome park is damaged or destroyed as a result of a disaster, and management elects to rebuild the park, management shall offer a renewed tenancy in the rebuilt mobilehome park to all previous homeowners in accordance with the following:(1) The offer of renewed tenancy shall be on substantially the same terms as the previous homeowners rental agreement that was in existence at the time of the disaster. However, management may adjust terms in the previous rental agreement to reflect costs and expenses, not to exceed 10 percent of the previous rental rate charged for the space, to rebuild the park that were incurred from the time of the disaster until management received a final certificate of occupancy for all spaces in the park. These costs and expenses may include, but are not limited to, costs associated with demolition, reconstruction, and environmental remediation, as well as taxes and interest expenses, not to exceed 10 percent of the previous rental rate charged for the space.(2) Management shall provide the previous homeowner, upon request, a statement listing the costs and expenses incurred in rebuilding the park and how the costs and expenses relate to the adjustment of terms in the rental agreement.(3) The offer shall include an application to accept the renewed tenancy, the terms of the renewed tenancy, the deposit required to secure the renewed tenancy, and a clear statement of when the offer expires.(4) Management shall send each previous homeowner the offer by certified mail, at least 240 days before the park is reopened, to the last postal address for the previous homeowner known to management, which may be the previous homeowners former address within the park. If management has an email address or telephone number for the previous homeowner, management shall additionally attempt to notify the homeowner of the offer by those means.(5) A previous homeowner may accept the offer by submitting, within 60 days from the date the homeowner receives the offer, the application and required deposit to secure the renewed tenancy to management and sign a rental agreement. If the previous homeowner fails to accept the offer within this time period, then the previous homeowners right to a renewed tenancy under this section is deemed forfeited.(6) Management shall process applications for renewed tenancy on a first-come-first-served basis.(7) The previous homeowner shall not transfer the right to a renewed tenancy.(b) (1) If a mobilehome park is damaged or destroyed as a result of a disaster and management owns one or more other mobilehome parks in California that have not been destroyed, then, until the damaged or destroyed park has been rebuilt, the management shall offer any space that is or becomes vacant to the previous homeowners on substantially the same terms as the previous homeowners rental agreement that was in existence at the time of the disaster, except that management may increase the space rental rate by any amount that would have been legally permissible at the damaged or destroyed park.(2) (A) Management shall establish a roster of previous homeowners for the purpose of making the offers required by paragraph (1). After the initial roster has been established, the previous homeowner shall have the duty to provide management with current contract contact information.(B) If there are more previous homeowners than there are vacancies in the managements other parks, management shall, by a method that will ensure random selection, develop an ordered list of the previous homeowners and offer any vacancies in sequential order according to the list. (c) For purposes of this section, the following definitions apply:(1) Disaster means a natural or manmade emergency resulting from an earthquake, flood, fire, riot, storm, drought, plant or animal infestation or disease, pandemic or epidemic disease outbreak, or other natural or manmade disaster for which a state of emergency has been declared by the President of the United States or the Governor, or for which a local emergency has been declared by an official, board, or other governing body vested with authority to make that declaration in any county, city, or city and county in California.(2) Previous homeowner means a homeowner with a valid tenancy in a mobilehome park at the time of a disaster.(3) Rebuild means to re-establish or complete construction of any mobilehome space in California within 10 years of the disaster. | |
| 169 | + | 798.62. (a) If a mobilehome park is damaged or destroyed as a result of a disaster, and management elects to rebuild the park, management shall offer a renewed tenancy in the rebuilt mobilehome park to all previous homeowners in accordance with the following:(1) The offer of renewed tenancy shall be on substantially the same terms as the previous homeowners rental agreement that was in existence at the time of the disaster. However, management may adjust terms in the previous rental agreement to reflect costs and expenses, not to exceed 10 percent of the previous rental rate charged for the space, to rebuild the park that were incurred from the time of the disaster until management received a final certificate of occupancy for all spaces in the park. These costs and expenses may include, but are not limited to, costs associated with demolition, reconstruction, and environmental remediation, as well as taxes and interest expenses, not to exceed 10 percent of the previous rental rate charged for the space.(2) Management shall provide the previous homeowner, upon request, a statement listing the costs and expenses incurred in rebuilding the park and how the costs and expenses relate to the adjustment of terms in the rental agreement.(3) The offer shall include an application to accept the renewed tenancy, the terms of the renewed tenancy, the deposit required to secure the renewed tenancy, and a clear statement of when the offer expires.(4) Management shall send each previous homeowner the offer by certified mail, at least 240 days before the park is reopened, to the last postal address for the previous homeowner known to management, which may be the previous homeowners former address within the park. If management has an email address or telephone number for the previous homeowner, management shall additionally attempt to notify the homeowner of the offer by those means.(5) A previous homeowner may accept the offer by submitting, within 60 days from the date the homeowner receives the offer, the application and required deposit to secure the renewed tenancy to management and sign a rental agreement. If the previous homeowner fails to accept the offer within this time period, then the previous homeowners right to a renewed tenancy under this section is deemed forfeited.(6) Management shall process applications for renewed tenancy on a first-come-first-served basis.(7) The previous homeowner shall not transfer the right to a renewed tenancy.(b) (1) If a mobilehome park is damaged or destroyed as a result of a disaster and management owns one or more other mobilehome parks in California that have not been destroyed, then, until the damaged or destroyed park has been rebuilt, the management shall offer any space that is or becomes vacant to the previous homeowners on substantially the same terms as the previous homeowners rental agreement that was in existence at the time of the disaster, except that management may increase the space rental rate by any amount that would have been legally permissible at the damaged or destroyed park.(2) (A) Management shall establish a roster of previous homeowners for the purpose of making the offers required by paragraph (1). After the initial roster has been established, the previous homeowner shall have the duty to provide management with current contract information.(B) If there are more previous homeowners than there are vacancies in the managements other parks, management shall, by a method that will ensure random selection, develop an ordered list of the previous homeowners and offer any vacancies in sequential order according to the list. (c) For purposes of this section, the following definitions apply:(1) Disaster means a natural or manmade emergency resulting from an earthquake, flood, fire, riot, storm, drought, plant or animal infestation or disease, pandemic or epidemic disease outbreak, or other natural or manmade disaster for which a state of emergency has been declared by the President of the United States or the Governor, or for which a local emergency has been declared by an official, board, or other governing body vested with authority to make that declaration in any county, city, or city and county in California.(2) Previous homeowner means a homeowner with a valid tenancy in a mobilehome park at the time of a disaster.(3) Rebuild means to re-establish or complete construction of any mobilehome space in California within 10 years of the disaster. | |
| 170 | + | ||
| 171 | + | ||
| 175 | 172 | ||
| 176 | 173 | 798.62. (a) If a mobilehome park is damaged or destroyed as a result of a disaster, and management elects to rebuild the park, management shall offer a renewed tenancy in the rebuilt mobilehome park to all previous homeowners in accordance with the following: | |
| 177 | - | ||
| 178 | - | ###### 798.62. | |
| 179 | 174 | ||
| 180 | 175 | (1) The offer of renewed tenancy shall be on substantially the same terms as the previous homeowners rental agreement that was in existence at the time of the disaster. However, management may adjust terms in the previous rental agreement to reflect costs and expenses, not to exceed 10 percent of the previous rental rate charged for the space, to rebuild the park that were incurred from the time of the disaster until management received a final certificate of occupancy for all spaces in the park. These costs and expenses may include, but are not limited to, costs associated with demolition, reconstruction, and environmental remediation, as well as taxes and interest expenses, not to exceed 10 percent of the previous rental rate charged for the space. | |
| 181 | 176 | ||
| 182 | 177 | (2) Management shall provide the previous homeowner, upon request, a statement listing the costs and expenses incurred in rebuilding the park and how the costs and expenses relate to the adjustment of terms in the rental agreement. | |
| 183 | 178 | ||
| 184 | 179 | (3) The offer shall include an application to accept the renewed tenancy, the terms of the renewed tenancy, the deposit required to secure the renewed tenancy, and a clear statement of when the offer expires. | |
| 185 | 180 | ||
| 186 | 181 | (4) Management shall send each previous homeowner the offer by certified mail, at least 240 days before the park is reopened, to the last postal address for the previous homeowner known to management, which may be the previous homeowners former address within the park. If management has an email address or telephone number for the previous homeowner, management shall additionally attempt to notify the homeowner of the offer by those means. | |
| 187 | 182 | ||
| 188 | 183 | (5) A previous homeowner may accept the offer by submitting, within 60 days from the date the homeowner receives the offer, the application and required deposit to secure the renewed tenancy to management and sign a rental agreement. If the previous homeowner fails to accept the offer within this time period, then the previous homeowners right to a renewed tenancy under this section is deemed forfeited. | |
| 189 | 184 | ||
| 190 | 185 | (6) Management shall process applications for renewed tenancy on a first-come-first-served basis. | |
| 191 | 186 | ||
| 192 | 187 | (7) The previous homeowner shall not transfer the right to a renewed tenancy. | |
| 193 | 188 | ||
| 194 | 189 | (b) (1) If a mobilehome park is damaged or destroyed as a result of a disaster and management owns one or more other mobilehome parks in California that have not been destroyed, then, until the damaged or destroyed park has been rebuilt, the management shall offer any space that is or becomes vacant to the previous homeowners on substantially the same terms as the previous homeowners rental agreement that was in existence at the time of the disaster, except that management may increase the space rental rate by any amount that would have been legally permissible at the damaged or destroyed park. | |
| 195 | 190 | ||
| 196 | - | (2) (A) Management shall establish a roster of previous homeowners for the purpose of making the offers required by paragraph (1). After the initial roster has been established, the previous homeowner shall have the duty to provide management with current contract | |
| 191 | + | (2) (A) Management shall establish a roster of previous homeowners for the purpose of making the offers required by paragraph (1). After the initial roster has been established, the previous homeowner shall have the duty to provide management with current contract information. | |
| 197 | 192 | ||
| 198 | 193 | (B) If there are more previous homeowners than there are vacancies in the managements other parks, management shall, by a method that will ensure random selection, develop an ordered list of the previous homeowners and offer any vacancies in sequential order according to the list. | |
| 199 | 194 | ||
| 200 | 195 | (c) For purposes of this section, the following definitions apply: | |
| 201 | 196 | ||
| 202 | 197 | (1) Disaster means a natural or manmade emergency resulting from an earthquake, flood, fire, riot, storm, drought, plant or animal infestation or disease, pandemic or epidemic disease outbreak, or other natural or manmade disaster for which a state of emergency has been declared by the President of the United States or the Governor, or for which a local emergency has been declared by an official, board, or other governing body vested with authority to make that declaration in any county, city, or city and county in California. | |
| 203 | 198 | ||
| 204 | 199 | (2) Previous homeowner means a homeowner with a valid tenancy in a mobilehome park at the time of a disaster. | |
| 205 | 200 | ||
| 206 | 201 | (3) Rebuild means to re-establish or complete construction of any mobilehome space in California within 10 years of the disaster. | |
| 207 | 202 | ||
| 208 | 203 | SEC. 3. Section 798.63 is added to the Civil Code, immediately following Section 798.62, to read:798.63. (a) In addition to any other law, if a mobilehome park or mobilehome space has sustained damage as a result of a disaster, whether or not the damage renders the property untenantable, as defined in Section 1941.1, or according to the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code), it shall be the responsibility of management to repair or remediate that damage, including, but not limited to, all of the following:(1) Removal of debris caused by the disaster.(2) Repair or restoration of any damaged structural, mechanical, or aesthetic elements of the property, including, but not limited to, walls, floors, ceilings, windows, doors, and fixtures.(3) Mitigation of hazards arising from the disaster, including, but not limited to, the presence of mold, smoke, smoke residue, smoke odor, ash, asbestos, or water damage.(b) Until a determination has been made by a local public health agency or official that the debris from the disaster, including, but not limited to, ash, sludge, or runoff, does not contain toxic substances, the presence of the debris at the premises shall be presumed to render the premises untenantable pursuant to Section 1941.1.(c) Management shall complete the necessary cleaning, repairs, or remediation under this section within a reasonable time after the property sustains damage, taking into account the extent of the damage and the availability of materials and labor. Management shall follow any and all cleaning protocols issued by government officials, including contracting with licensed remediation companies where required. Management shall inform the homeowner in writing about all cleaning, repairs, and remediation completed, including detailed descriptions of any work undertaken, the qualifications of any contracted services, and copies of any environmental studies, testing, or reports conducted.(d) If management fails to perform the duties required under this section within a reasonable time after the property sustains damage, the homeowner may do any or all of the following:(1) Pursue the remedies provided under Section 1942, including the right to repair and deduct where applicable or to notify management that they are electing to terminate the tenancy, vacate the premises, and be discharged from any further obligations under the tenancy, including the duty to pay any rent due after the date the premises is vacated.(2) Reduce their rent in an amount proportional to the reduction in the use and enjoyment of the premises resulting from the damage. The reduction shall apply immediately upon notice to management.(3) Pursue any other remedies available under law.(e) Unless the homeowner elects to terminate the tenancy as set forth in paragraph (1) of subdivision (d), the tenancy shall remain in effect and the homeowner shall have the right to return to the mobilehome park or mobilehome space at the same rental rate as soon as it is safe and practicable.(f) In any unlawful detainer action by management to recover possession from a homeowner, a rebuttable presumption affecting the burden of producing evidence that management is unlawfully retaliating against the homeowner for exercising their rights under this section is created if all of the following conditions exist:(1) The mobilehome park or mobilehome space sustained damage as a result of a disaster.(2) Management failed to repair and remediate the damage as required by this section within a reasonable time after the disaster.(3) The notice to terminate tenancy was served on the homeowner before the damage has been repaired and remediated or within 180 days after the damage has been repaired or remediated.(g) The rights, obligations, and remedies under this section are cumulative and in addition to any other rights, obligations, or remedies available under federal, state, or local law.(h) Nothing in this section preempts any local ordinance from providing for additional protections for homeowners or imposing additional obligations on management.(i) For purposes of this section, disaster has the same meaning as in Section 798.62. | |
| 209 | 204 | ||
| 210 | 205 | SEC. 3. Section 798.63 is added to the Civil Code, immediately following Section 798.62, to read: | |
| 211 | 206 | ||
| 212 | 207 | ### SEC. 3. | |
| 213 | 208 | ||
| 214 | 209 | 798.63. (a) In addition to any other law, if a mobilehome park or mobilehome space has sustained damage as a result of a disaster, whether or not the damage renders the property untenantable, as defined in Section 1941.1, or according to the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code), it shall be the responsibility of management to repair or remediate that damage, including, but not limited to, all of the following:(1) Removal of debris caused by the disaster.(2) Repair or restoration of any damaged structural, mechanical, or aesthetic elements of the property, including, but not limited to, walls, floors, ceilings, windows, doors, and fixtures.(3) Mitigation of hazards arising from the disaster, including, but not limited to, the presence of mold, smoke, smoke residue, smoke odor, ash, asbestos, or water damage.(b) Until a determination has been made by a local public health agency or official that the debris from the disaster, including, but not limited to, ash, sludge, or runoff, does not contain toxic substances, the presence of the debris at the premises shall be presumed to render the premises untenantable pursuant to Section 1941.1.(c) Management shall complete the necessary cleaning, repairs, or remediation under this section within a reasonable time after the property sustains damage, taking into account the extent of the damage and the availability of materials and labor. Management shall follow any and all cleaning protocols issued by government officials, including contracting with licensed remediation companies where required. Management shall inform the homeowner in writing about all cleaning, repairs, and remediation completed, including detailed descriptions of any work undertaken, the qualifications of any contracted services, and copies of any environmental studies, testing, or reports conducted.(d) If management fails to perform the duties required under this section within a reasonable time after the property sustains damage, the homeowner may do any or all of the following:(1) Pursue the remedies provided under Section 1942, including the right to repair and deduct where applicable or to notify management that they are electing to terminate the tenancy, vacate the premises, and be discharged from any further obligations under the tenancy, including the duty to pay any rent due after the date the premises is vacated.(2) Reduce their rent in an amount proportional to the reduction in the use and enjoyment of the premises resulting from the damage. The reduction shall apply immediately upon notice to management.(3) Pursue any other remedies available under law.(e) Unless the homeowner elects to terminate the tenancy as set forth in paragraph (1) of subdivision (d), the tenancy shall remain in effect and the homeowner shall have the right to return to the mobilehome park or mobilehome space at the same rental rate as soon as it is safe and practicable.(f) In any unlawful detainer action by management to recover possession from a homeowner, a rebuttable presumption affecting the burden of producing evidence that management is unlawfully retaliating against the homeowner for exercising their rights under this section is created if all of the following conditions exist:(1) The mobilehome park or mobilehome space sustained damage as a result of a disaster.(2) Management failed to repair and remediate the damage as required by this section within a reasonable time after the disaster.(3) The notice to terminate tenancy was served on the homeowner before the damage has been repaired and remediated or within 180 days after the damage has been repaired or remediated.(g) The rights, obligations, and remedies under this section are cumulative and in addition to any other rights, obligations, or remedies available under federal, state, or local law.(h) Nothing in this section preempts any local ordinance from providing for additional protections for homeowners or imposing additional obligations on management.(i) For purposes of this section, disaster has the same meaning as in Section 798.62. | |
| 215 | 210 | ||
| 216 | 211 | 798.63. (a) In addition to any other law, if a mobilehome park or mobilehome space has sustained damage as a result of a disaster, whether or not the damage renders the property untenantable, as defined in Section 1941.1, or according to the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code), it shall be the responsibility of management to repair or remediate that damage, including, but not limited to, all of the following:(1) Removal of debris caused by the disaster.(2) Repair or restoration of any damaged structural, mechanical, or aesthetic elements of the property, including, but not limited to, walls, floors, ceilings, windows, doors, and fixtures.(3) Mitigation of hazards arising from the disaster, including, but not limited to, the presence of mold, smoke, smoke residue, smoke odor, ash, asbestos, or water damage.(b) Until a determination has been made by a local public health agency or official that the debris from the disaster, including, but not limited to, ash, sludge, or runoff, does not contain toxic substances, the presence of the debris at the premises shall be presumed to render the premises untenantable pursuant to Section 1941.1.(c) Management shall complete the necessary cleaning, repairs, or remediation under this section within a reasonable time after the property sustains damage, taking into account the extent of the damage and the availability of materials and labor. Management shall follow any and all cleaning protocols issued by government officials, including contracting with licensed remediation companies where required. Management shall inform the homeowner in writing about all cleaning, repairs, and remediation completed, including detailed descriptions of any work undertaken, the qualifications of any contracted services, and copies of any environmental studies, testing, or reports conducted.(d) If management fails to perform the duties required under this section within a reasonable time after the property sustains damage, the homeowner may do any or all of the following:(1) Pursue the remedies provided under Section 1942, including the right to repair and deduct where applicable or to notify management that they are electing to terminate the tenancy, vacate the premises, and be discharged from any further obligations under the tenancy, including the duty to pay any rent due after the date the premises is vacated.(2) Reduce their rent in an amount proportional to the reduction in the use and enjoyment of the premises resulting from the damage. The reduction shall apply immediately upon notice to management.(3) Pursue any other remedies available under law.(e) Unless the homeowner elects to terminate the tenancy as set forth in paragraph (1) of subdivision (d), the tenancy shall remain in effect and the homeowner shall have the right to return to the mobilehome park or mobilehome space at the same rental rate as soon as it is safe and practicable.(f) In any unlawful detainer action by management to recover possession from a homeowner, a rebuttable presumption affecting the burden of producing evidence that management is unlawfully retaliating against the homeowner for exercising their rights under this section is created if all of the following conditions exist:(1) The mobilehome park or mobilehome space sustained damage as a result of a disaster.(2) Management failed to repair and remediate the damage as required by this section within a reasonable time after the disaster.(3) The notice to terminate tenancy was served on the homeowner before the damage has been repaired and remediated or within 180 days after the damage has been repaired or remediated.(g) The rights, obligations, and remedies under this section are cumulative and in addition to any other rights, obligations, or remedies available under federal, state, or local law.(h) Nothing in this section preempts any local ordinance from providing for additional protections for homeowners or imposing additional obligations on management.(i) For purposes of this section, disaster has the same meaning as in Section 798.62. | |
| 217 | 212 | ||
| 218 | 213 | 798.63. (a) In addition to any other law, if a mobilehome park or mobilehome space has sustained damage as a result of a disaster, whether or not the damage renders the property untenantable, as defined in Section 1941.1, or according to the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code), it shall be the responsibility of management to repair or remediate that damage, including, but not limited to, all of the following:(1) Removal of debris caused by the disaster.(2) Repair or restoration of any damaged structural, mechanical, or aesthetic elements of the property, including, but not limited to, walls, floors, ceilings, windows, doors, and fixtures.(3) Mitigation of hazards arising from the disaster, including, but not limited to, the presence of mold, smoke, smoke residue, smoke odor, ash, asbestos, or water damage.(b) Until a determination has been made by a local public health agency or official that the debris from the disaster, including, but not limited to, ash, sludge, or runoff, does not contain toxic substances, the presence of the debris at the premises shall be presumed to render the premises untenantable pursuant to Section 1941.1.(c) Management shall complete the necessary cleaning, repairs, or remediation under this section within a reasonable time after the property sustains damage, taking into account the extent of the damage and the availability of materials and labor. Management shall follow any and all cleaning protocols issued by government officials, including contracting with licensed remediation companies where required. Management shall inform the homeowner in writing about all cleaning, repairs, and remediation completed, including detailed descriptions of any work undertaken, the qualifications of any contracted services, and copies of any environmental studies, testing, or reports conducted.(d) If management fails to perform the duties required under this section within a reasonable time after the property sustains damage, the homeowner may do any or all of the following:(1) Pursue the remedies provided under Section 1942, including the right to repair and deduct where applicable or to notify management that they are electing to terminate the tenancy, vacate the premises, and be discharged from any further obligations under the tenancy, including the duty to pay any rent due after the date the premises is vacated.(2) Reduce their rent in an amount proportional to the reduction in the use and enjoyment of the premises resulting from the damage. The reduction shall apply immediately upon notice to management.(3) Pursue any other remedies available under law.(e) Unless the homeowner elects to terminate the tenancy as set forth in paragraph (1) of subdivision (d), the tenancy shall remain in effect and the homeowner shall have the right to return to the mobilehome park or mobilehome space at the same rental rate as soon as it is safe and practicable.(f) In any unlawful detainer action by management to recover possession from a homeowner, a rebuttable presumption affecting the burden of producing evidence that management is unlawfully retaliating against the homeowner for exercising their rights under this section is created if all of the following conditions exist:(1) The mobilehome park or mobilehome space sustained damage as a result of a disaster.(2) Management failed to repair and remediate the damage as required by this section within a reasonable time after the disaster.(3) The notice to terminate tenancy was served on the homeowner before the damage has been repaired and remediated or within 180 days after the damage has been repaired or remediated.(g) The rights, obligations, and remedies under this section are cumulative and in addition to any other rights, obligations, or remedies available under federal, state, or local law.(h) Nothing in this section preempts any local ordinance from providing for additional protections for homeowners or imposing additional obligations on management.(i) For purposes of this section, disaster has the same meaning as in Section 798.62. | |
| 219 | 214 | ||
| 215 | + | ||
| 216 | + | ||
| 220 | 217 | 798.63. (a) In addition to any other law, if a mobilehome park or mobilehome space has sustained damage as a result of a disaster, whether or not the damage renders the property untenantable, as defined in Section 1941.1, or according to the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code), it shall be the responsibility of management to repair or remediate that damage, including, but not limited to, all of the following: | |
| 221 | - | ||
| 222 | - | ###### 798.63. | |
| 223 | 218 | ||
| 224 | 219 | (1) Removal of debris caused by the disaster. | |
| 225 | 220 | ||
| 226 | 221 | (2) Repair or restoration of any damaged structural, mechanical, or aesthetic elements of the property, including, but not limited to, walls, floors, ceilings, windows, doors, and fixtures. | |
| 227 | 222 | ||
| 228 | 223 | (3) Mitigation of hazards arising from the disaster, including, but not limited to, the presence of mold, smoke, smoke residue, smoke odor, ash, asbestos, or water damage. | |
| 229 | 224 | ||
| 230 | 225 | (b) Until a determination has been made by a local public health agency or official that the debris from the disaster, including, but not limited to, ash, sludge, or runoff, does not contain toxic substances, the presence of the debris at the premises shall be presumed to render the premises untenantable pursuant to Section 1941.1. | |
| 231 | 226 | ||
| 232 | 227 | (c) Management shall complete the necessary cleaning, repairs, or remediation under this section within a reasonable time after the property sustains damage, taking into account the extent of the damage and the availability of materials and labor. Management shall follow any and all cleaning protocols issued by government officials, including contracting with licensed remediation companies where required. Management shall inform the homeowner in writing about all cleaning, repairs, and remediation completed, including detailed descriptions of any work undertaken, the qualifications of any contracted services, and copies of any environmental studies, testing, or reports conducted. | |
| 233 | 228 | ||
| 234 | 229 | (d) If management fails to perform the duties required under this section within a reasonable time after the property sustains damage, the homeowner may do any or all of the following: | |
| 235 | 230 | ||
| 236 | 231 | (1) Pursue the remedies provided under Section 1942, including the right to repair and deduct where applicable or to notify management that they are electing to terminate the tenancy, vacate the premises, and be discharged from any further obligations under the tenancy, including the duty to pay any rent due after the date the premises is vacated. | |
| 237 | 232 | ||
| 238 | 233 | (2) Reduce their rent in an amount proportional to the reduction in the use and enjoyment of the premises resulting from the damage. The reduction shall apply immediately upon notice to management. | |
| 239 | 234 | ||
| 240 | 235 | (3) Pursue any other remedies available under law. | |
| 241 | 236 | ||
| 242 | 237 | (e) Unless the homeowner elects to terminate the tenancy as set forth in paragraph (1) of subdivision (d), the tenancy shall remain in effect and the homeowner shall have the right to return to the mobilehome park or mobilehome space at the same rental rate as soon as it is safe and practicable. | |
| 243 | 238 | ||
| 244 | 239 | (f) In any unlawful detainer action by management to recover possession from a homeowner, a rebuttable presumption affecting the burden of producing evidence that management is unlawfully retaliating against the homeowner for exercising their rights under this section is created if all of the following conditions exist: | |
| 245 | 240 | ||
| 246 | 241 | (1) The mobilehome park or mobilehome space sustained damage as a result of a disaster. | |
| 247 | 242 | ||
| 248 | 243 | (2) Management failed to repair and remediate the damage as required by this section within a reasonable time after the disaster. | |
| 249 | 244 | ||
| 250 | 245 | (3) The notice to terminate tenancy was served on the homeowner before the damage has been repaired and remediated or within 180 days after the damage has been repaired or remediated. | |
| 251 | 246 | ||
| 252 | 247 | (g) The rights, obligations, and remedies under this section are cumulative and in addition to any other rights, obligations, or remedies available under federal, state, or local law. | |
| 253 | 248 | ||
| 254 | 249 | (h) Nothing in this section preempts any local ordinance from providing for additional protections for homeowners or imposing additional obligations on management. | |
| 255 | 250 | ||
| 256 | 251 | (i) For purposes of this section, disaster has the same meaning as in Section 798.62. | |
| 257 | 252 | ||
| 258 | 253 | SEC. 4. Section 798.64 is added to the Civil Code, immediately following Section 798.63, to read:798.64. (a) (1) When a mobilehome tenancy is terminated due to damage or the destruction of the mobilehome park or any space as a result of a disaster, management shall return to the homeowner any advance rental payments received from the homeowner that cover any period of time after the date of the termination.(2) Any payment required pursuant to paragraph (1) shall be made within 21 days of the date of the termination and shall be sent to the address provided by the homeowner. If the homeowner does not provide an address, mailings pursuant to this subdivision shall be sent to the address where the mobilehome was located.(3) For purposes of this subdivision, the date of the termination shall be the date upon which the mobilehome park or the mobilehome space was damaged or destroyed.(b) During any period that a homeowner is unable to occupy their mobilehome or mobilehome space due to a mandatory evacuation order pursuant to a disaster, the homeowners obligation to pay rent shall be discharged for the period during which the homeowner is required to be evacuated. If the homeowner has paid rent in advance for any portion of the evacuation period, management shall return that portion of prepaid rent to the homeowner within 10 calendar days after the evacuation order is lifted, or the homeowner may deduct that amount from the next months rent which becomes due and payable after the evacuation order is lifted.(c) For purposes of this section, disaster has the same meaning as in Section 798.62. | |
| 259 | 254 | ||
| 260 | 255 | SEC. 4. Section 798.64 is added to the Civil Code, immediately following Section 798.63, to read: | |
| 261 | 256 | ||
| 262 | 257 | ### SEC. 4. | |
| 263 | 258 | ||
| 264 | 259 | 798.64. (a) (1) When a mobilehome tenancy is terminated due to damage or the destruction of the mobilehome park or any space as a result of a disaster, management shall return to the homeowner any advance rental payments received from the homeowner that cover any period of time after the date of the termination.(2) Any payment required pursuant to paragraph (1) shall be made within 21 days of the date of the termination and shall be sent to the address provided by the homeowner. If the homeowner does not provide an address, mailings pursuant to this subdivision shall be sent to the address where the mobilehome was located.(3) For purposes of this subdivision, the date of the termination shall be the date upon which the mobilehome park or the mobilehome space was damaged or destroyed.(b) During any period that a homeowner is unable to occupy their mobilehome or mobilehome space due to a mandatory evacuation order pursuant to a disaster, the homeowners obligation to pay rent shall be discharged for the period during which the homeowner is required to be evacuated. If the homeowner has paid rent in advance for any portion of the evacuation period, management shall return that portion of prepaid rent to the homeowner within 10 calendar days after the evacuation order is lifted, or the homeowner may deduct that amount from the next months rent which becomes due and payable after the evacuation order is lifted.(c) For purposes of this section, disaster has the same meaning as in Section 798.62. | |
| 265 | 260 | ||
| 266 | 261 | 798.64. (a) (1) When a mobilehome tenancy is terminated due to damage or the destruction of the mobilehome park or any space as a result of a disaster, management shall return to the homeowner any advance rental payments received from the homeowner that cover any period of time after the date of the termination.(2) Any payment required pursuant to paragraph (1) shall be made within 21 days of the date of the termination and shall be sent to the address provided by the homeowner. If the homeowner does not provide an address, mailings pursuant to this subdivision shall be sent to the address where the mobilehome was located.(3) For purposes of this subdivision, the date of the termination shall be the date upon which the mobilehome park or the mobilehome space was damaged or destroyed.(b) During any period that a homeowner is unable to occupy their mobilehome or mobilehome space due to a mandatory evacuation order pursuant to a disaster, the homeowners obligation to pay rent shall be discharged for the period during which the homeowner is required to be evacuated. If the homeowner has paid rent in advance for any portion of the evacuation period, management shall return that portion of prepaid rent to the homeowner within 10 calendar days after the evacuation order is lifted, or the homeowner may deduct that amount from the next months rent which becomes due and payable after the evacuation order is lifted.(c) For purposes of this section, disaster has the same meaning as in Section 798.62. | |
| 267 | 262 | ||
| 268 | 263 | 798.64. (a) (1) When a mobilehome tenancy is terminated due to damage or the destruction of the mobilehome park or any space as a result of a disaster, management shall return to the homeowner any advance rental payments received from the homeowner that cover any period of time after the date of the termination.(2) Any payment required pursuant to paragraph (1) shall be made within 21 days of the date of the termination and shall be sent to the address provided by the homeowner. If the homeowner does not provide an address, mailings pursuant to this subdivision shall be sent to the address where the mobilehome was located.(3) For purposes of this subdivision, the date of the termination shall be the date upon which the mobilehome park or the mobilehome space was damaged or destroyed.(b) During any period that a homeowner is unable to occupy their mobilehome or mobilehome space due to a mandatory evacuation order pursuant to a disaster, the homeowners obligation to pay rent shall be discharged for the period during which the homeowner is required to be evacuated. If the homeowner has paid rent in advance for any portion of the evacuation period, management shall return that portion of prepaid rent to the homeowner within 10 calendar days after the evacuation order is lifted, or the homeowner may deduct that amount from the next months rent which becomes due and payable after the evacuation order is lifted.(c) For purposes of this section, disaster has the same meaning as in Section 798.62. | |
| 269 | 264 | ||
| 265 | + | ||
| 266 | + | ||
| 270 | 267 | 798.64. (a) (1) When a mobilehome tenancy is terminated due to damage or the destruction of the mobilehome park or any space as a result of a disaster, management shall return to the homeowner any advance rental payments received from the homeowner that cover any period of time after the date of the termination. | |
| 271 | - | ||
| 272 | - | ###### 798.64. | |
| 273 | 268 | ||
| 274 | 269 | (2) Any payment required pursuant to paragraph (1) shall be made within 21 days of the date of the termination and shall be sent to the address provided by the homeowner. If the homeowner does not provide an address, mailings pursuant to this subdivision shall be sent to the address where the mobilehome was located. | |
| 275 | 270 | ||
| 276 | 271 | (3) For purposes of this subdivision, the date of the termination shall be the date upon which the mobilehome park or the mobilehome space was damaged or destroyed. | |
| 277 | 272 | ||
| 278 | 273 | (b) During any period that a homeowner is unable to occupy their mobilehome or mobilehome space due to a mandatory evacuation order pursuant to a disaster, the homeowners obligation to pay rent shall be discharged for the period during which the homeowner is required to be evacuated. If the homeowner has paid rent in advance for any portion of the evacuation period, management shall return that portion of prepaid rent to the homeowner within 10 calendar days after the evacuation order is lifted, or the homeowner may deduct that amount from the next months rent which becomes due and payable after the evacuation order is lifted. | |
| 279 | 274 | ||
| 280 | 275 | (c) For purposes of this section, disaster has the same meaning as in Section 798.62. | |
| 281 | 276 | ||
| 282 | 277 | SEC. 5. Section 1941.8 is added to the Civil Code, to read:1941.8. (a) In addition to any other law, if a residential rental property has sustained damage as a result of a disaster, as defined in Section 798.62, whether or not the damage renders the property untenantable, as defined in Section 1941.1, it shall be the responsibility of the landlord to repair or remediate that damage, including, but not limited to, all of the following:(1) Removal of debris caused by the disaster.(2) Repair or restoration of any damaged structural, mechanical, or aesthetic elements of the property, including, but not limited to, walls, floors, ceilings, windows, doors, and fixtures.(3) Mitigation of hazards arising from the disaster, including, but not limited to, the presence of mold, smoke, smoke residue, smoke odor, ash, asbestos, or water damage.(b) Until a determination has been made by a local public health agency or official that the debris from the disaster, including, but not limited to, ash, sludge, or runoff, does not contain toxic substances, the presence of the debris at the premises shall be presumed to render the premises untenantable pursuant to Section 1941.1.(c) The landlord shall complete the necessary cleaning, repairs, or remediation under this section within a reasonable time after the property sustains damage, taking into account the extent of the damage and the availability of materials and labor. The landlord shall follow any and all cleaning protocols issued by government officials, including contracting with licensed remediation companies where required. The landlord shall inform the tenant in writing about all cleaning, repairs, and remediation completed, including detailed descriptions of any work undertaken, the qualifications of any contracted services, and copies of any environmental studies, testing, or reports conducted.(d) If the landlord fails to perform the duties required under this section within a reasonable time after the property sustains damage, the tenant may do any or all of the following:(1) Pursue the remedies provided under Section 1942, including the right to repair and deduct where applicable or to notify the landlord that they are electing to terminate the tenancy, vacate the premises, and be discharged from any further obligations under the tenancy, including the duty to pay any rent due after the date the premises is vacated.(2) Reduce their rent in an amount proportional to the reduction in the use and enjoyment of the premises resulting from the damage. The reduction shall apply immediately upon notice to the landlord.(3) Pursue any other remedies available under law.(e) Unless the tenant elects to terminate the tenancy as set forth in paragraph (1) of subdivision (d), the tenancy shall remain in effect and the tenant shall have the right to return to the rental property at the same rental rate as soon as it is safe and practicable.(f) In any unlawful detainer action by the landlord to recover possession from a tenant, a rebuttable presumption affecting the burden of producing evidence that the landlord is unlawfully retaliating against the tenant for exercising their rights under this section is created if all of the following conditions exist:(1) The residential rental property sustained damage as a result of a disaster.(2) The landlord failed to repair and remediate the damage as required by this section within a reasonable time after the disaster.(3) The notice to terminate tenancy was served on the tenant before the damage has been repaired and remediated or within 180 days after the damage has been repaired or remediated.(g) The rights, obligations, and remedies under this section are cumulative and in addition to any other rights, obligations, or remedies available under federal, state, or local law.(h) Nothing in this section preempts any local ordinance from providing for additional protections for tenants or imposing additional obligations on the landlord. | |
| 283 | 278 | ||
| 284 | 279 | SEC. 5. Section 1941.8 is added to the Civil Code, to read: | |
| 285 | 280 | ||
| 286 | 281 | ### SEC. 5. | |
| 287 | 282 | ||
| 288 | 283 | 1941.8. (a) In addition to any other law, if a residential rental property has sustained damage as a result of a disaster, as defined in Section 798.62, whether or not the damage renders the property untenantable, as defined in Section 1941.1, it shall be the responsibility of the landlord to repair or remediate that damage, including, but not limited to, all of the following:(1) Removal of debris caused by the disaster.(2) Repair or restoration of any damaged structural, mechanical, or aesthetic elements of the property, including, but not limited to, walls, floors, ceilings, windows, doors, and fixtures.(3) Mitigation of hazards arising from the disaster, including, but not limited to, the presence of mold, smoke, smoke residue, smoke odor, ash, asbestos, or water damage.(b) Until a determination has been made by a local public health agency or official that the debris from the disaster, including, but not limited to, ash, sludge, or runoff, does not contain toxic substances, the presence of the debris at the premises shall be presumed to render the premises untenantable pursuant to Section 1941.1.(c) The landlord shall complete the necessary cleaning, repairs, or remediation under this section within a reasonable time after the property sustains damage, taking into account the extent of the damage and the availability of materials and labor. The landlord shall follow any and all cleaning protocols issued by government officials, including contracting with licensed remediation companies where required. The landlord shall inform the tenant in writing about all cleaning, repairs, and remediation completed, including detailed descriptions of any work undertaken, the qualifications of any contracted services, and copies of any environmental studies, testing, or reports conducted.(d) If the landlord fails to perform the duties required under this section within a reasonable time after the property sustains damage, the tenant may do any or all of the following:(1) Pursue the remedies provided under Section 1942, including the right to repair and deduct where applicable or to notify the landlord that they are electing to terminate the tenancy, vacate the premises, and be discharged from any further obligations under the tenancy, including the duty to pay any rent due after the date the premises is vacated.(2) Reduce their rent in an amount proportional to the reduction in the use and enjoyment of the premises resulting from the damage. The reduction shall apply immediately upon notice to the landlord.(3) Pursue any other remedies available under law.(e) Unless the tenant elects to terminate the tenancy as set forth in paragraph (1) of subdivision (d), the tenancy shall remain in effect and the tenant shall have the right to return to the rental property at the same rental rate as soon as it is safe and practicable.(f) In any unlawful detainer action by the landlord to recover possession from a tenant, a rebuttable presumption affecting the burden of producing evidence that the landlord is unlawfully retaliating against the tenant for exercising their rights under this section is created if all of the following conditions exist:(1) The residential rental property sustained damage as a result of a disaster.(2) The landlord failed to repair and remediate the damage as required by this section within a reasonable time after the disaster.(3) The notice to terminate tenancy was served on the tenant before the damage has been repaired and remediated or within 180 days after the damage has been repaired or remediated.(g) The rights, obligations, and remedies under this section are cumulative and in addition to any other rights, obligations, or remedies available under federal, state, or local law.(h) Nothing in this section preempts any local ordinance from providing for additional protections for tenants or imposing additional obligations on the landlord. | |
| 289 | 284 | ||
| 290 | 285 | 1941.8. (a) In addition to any other law, if a residential rental property has sustained damage as a result of a disaster, as defined in Section 798.62, whether or not the damage renders the property untenantable, as defined in Section 1941.1, it shall be the responsibility of the landlord to repair or remediate that damage, including, but not limited to, all of the following:(1) Removal of debris caused by the disaster.(2) Repair or restoration of any damaged structural, mechanical, or aesthetic elements of the property, including, but not limited to, walls, floors, ceilings, windows, doors, and fixtures.(3) Mitigation of hazards arising from the disaster, including, but not limited to, the presence of mold, smoke, smoke residue, smoke odor, ash, asbestos, or water damage.(b) Until a determination has been made by a local public health agency or official that the debris from the disaster, including, but not limited to, ash, sludge, or runoff, does not contain toxic substances, the presence of the debris at the premises shall be presumed to render the premises untenantable pursuant to Section 1941.1.(c) The landlord shall complete the necessary cleaning, repairs, or remediation under this section within a reasonable time after the property sustains damage, taking into account the extent of the damage and the availability of materials and labor. The landlord shall follow any and all cleaning protocols issued by government officials, including contracting with licensed remediation companies where required. The landlord shall inform the tenant in writing about all cleaning, repairs, and remediation completed, including detailed descriptions of any work undertaken, the qualifications of any contracted services, and copies of any environmental studies, testing, or reports conducted.(d) If the landlord fails to perform the duties required under this section within a reasonable time after the property sustains damage, the tenant may do any or all of the following:(1) Pursue the remedies provided under Section 1942, including the right to repair and deduct where applicable or to notify the landlord that they are electing to terminate the tenancy, vacate the premises, and be discharged from any further obligations under the tenancy, including the duty to pay any rent due after the date the premises is vacated.(2) Reduce their rent in an amount proportional to the reduction in the use and enjoyment of the premises resulting from the damage. The reduction shall apply immediately upon notice to the landlord.(3) Pursue any other remedies available under law.(e) Unless the tenant elects to terminate the tenancy as set forth in paragraph (1) of subdivision (d), the tenancy shall remain in effect and the tenant shall have the right to return to the rental property at the same rental rate as soon as it is safe and practicable.(f) In any unlawful detainer action by the landlord to recover possession from a tenant, a rebuttable presumption affecting the burden of producing evidence that the landlord is unlawfully retaliating against the tenant for exercising their rights under this section is created if all of the following conditions exist:(1) The residential rental property sustained damage as a result of a disaster.(2) The landlord failed to repair and remediate the damage as required by this section within a reasonable time after the disaster.(3) The notice to terminate tenancy was served on the tenant before the damage has been repaired and remediated or within 180 days after the damage has been repaired or remediated.(g) The rights, obligations, and remedies under this section are cumulative and in addition to any other rights, obligations, or remedies available under federal, state, or local law.(h) Nothing in this section preempts any local ordinance from providing for additional protections for tenants or imposing additional obligations on the landlord. | |
| 291 | 286 | ||
| 292 | 287 | 1941.8. (a) In addition to any other law, if a residential rental property has sustained damage as a result of a disaster, as defined in Section 798.62, whether or not the damage renders the property untenantable, as defined in Section 1941.1, it shall be the responsibility of the landlord to repair or remediate that damage, including, but not limited to, all of the following:(1) Removal of debris caused by the disaster.(2) Repair or restoration of any damaged structural, mechanical, or aesthetic elements of the property, including, but not limited to, walls, floors, ceilings, windows, doors, and fixtures.(3) Mitigation of hazards arising from the disaster, including, but not limited to, the presence of mold, smoke, smoke residue, smoke odor, ash, asbestos, or water damage.(b) Until a determination has been made by a local public health agency or official that the debris from the disaster, including, but not limited to, ash, sludge, or runoff, does not contain toxic substances, the presence of the debris at the premises shall be presumed to render the premises untenantable pursuant to Section 1941.1.(c) The landlord shall complete the necessary cleaning, repairs, or remediation under this section within a reasonable time after the property sustains damage, taking into account the extent of the damage and the availability of materials and labor. The landlord shall follow any and all cleaning protocols issued by government officials, including contracting with licensed remediation companies where required. The landlord shall inform the tenant in writing about all cleaning, repairs, and remediation completed, including detailed descriptions of any work undertaken, the qualifications of any contracted services, and copies of any environmental studies, testing, or reports conducted.(d) If the landlord fails to perform the duties required under this section within a reasonable time after the property sustains damage, the tenant may do any or all of the following:(1) Pursue the remedies provided under Section 1942, including the right to repair and deduct where applicable or to notify the landlord that they are electing to terminate the tenancy, vacate the premises, and be discharged from any further obligations under the tenancy, including the duty to pay any rent due after the date the premises is vacated.(2) Reduce their rent in an amount proportional to the reduction in the use and enjoyment of the premises resulting from the damage. The reduction shall apply immediately upon notice to the landlord.(3) Pursue any other remedies available under law.(e) Unless the tenant elects to terminate the tenancy as set forth in paragraph (1) of subdivision (d), the tenancy shall remain in effect and the tenant shall have the right to return to the rental property at the same rental rate as soon as it is safe and practicable.(f) In any unlawful detainer action by the landlord to recover possession from a tenant, a rebuttable presumption affecting the burden of producing evidence that the landlord is unlawfully retaliating against the tenant for exercising their rights under this section is created if all of the following conditions exist:(1) The residential rental property sustained damage as a result of a disaster.(2) The landlord failed to repair and remediate the damage as required by this section within a reasonable time after the disaster.(3) The notice to terminate tenancy was served on the tenant before the damage has been repaired and remediated or within 180 days after the damage has been repaired or remediated.(g) The rights, obligations, and remedies under this section are cumulative and in addition to any other rights, obligations, or remedies available under federal, state, or local law.(h) Nothing in this section preempts any local ordinance from providing for additional protections for tenants or imposing additional obligations on the landlord. | |
| 293 | 288 | ||
| 289 | + | ||
| 290 | + | ||
| 294 | 291 | 1941.8. (a) In addition to any other law, if a residential rental property has sustained damage as a result of a disaster, as defined in Section 798.62, whether or not the damage renders the property untenantable, as defined in Section 1941.1, it shall be the responsibility of the landlord to repair or remediate that damage, including, but not limited to, all of the following: | |
| 295 | - | ||
| 296 | - | ###### 1941.8. | |
| 297 | 292 | ||
| 298 | 293 | (1) Removal of debris caused by the disaster. | |
| 299 | 294 | ||
| 300 | 295 | (2) Repair or restoration of any damaged structural, mechanical, or aesthetic elements of the property, including, but not limited to, walls, floors, ceilings, windows, doors, and fixtures. | |
| 301 | 296 | ||
| 302 | 297 | (3) Mitigation of hazards arising from the disaster, including, but not limited to, the presence of mold, smoke, smoke residue, smoke odor, ash, asbestos, or water damage. | |
| 303 | 298 | ||
| 304 | 299 | (b) Until a determination has been made by a local public health agency or official that the debris from the disaster, including, but not limited to, ash, sludge, or runoff, does not contain toxic substances, the presence of the debris at the premises shall be presumed to render the premises untenantable pursuant to Section 1941.1. | |
| 305 | 300 | ||
| 306 | 301 | (c) The landlord shall complete the necessary cleaning, repairs, or remediation under this section within a reasonable time after the property sustains damage, taking into account the extent of the damage and the availability of materials and labor. The landlord shall follow any and all cleaning protocols issued by government officials, including contracting with licensed remediation companies where required. The landlord shall inform the tenant in writing about all cleaning, repairs, and remediation completed, including detailed descriptions of any work undertaken, the qualifications of any contracted services, and copies of any environmental studies, testing, or reports conducted. | |
| 307 | 302 | ||
| 308 | 303 | (d) If the landlord fails to perform the duties required under this section within a reasonable time after the property sustains damage, the tenant may do any or all of the following: | |
| 309 | 304 | ||
| 310 | 305 | (1) Pursue the remedies provided under Section 1942, including the right to repair and deduct where applicable or to notify the landlord that they are electing to terminate the tenancy, vacate the premises, and be discharged from any further obligations under the tenancy, including the duty to pay any rent due after the date the premises is vacated. | |
| 311 | 306 | ||
| 312 | 307 | (2) Reduce their rent in an amount proportional to the reduction in the use and enjoyment of the premises resulting from the damage. The reduction shall apply immediately upon notice to the landlord. | |
| 313 | 308 | ||
| 314 | 309 | (3) Pursue any other remedies available under law. | |
| 315 | 310 | ||
| 316 | 311 | (e) Unless the tenant elects to terminate the tenancy as set forth in paragraph (1) of subdivision (d), the tenancy shall remain in effect and the tenant shall have the right to return to the rental property at the same rental rate as soon as it is safe and practicable. | |
| 317 | 312 | ||
| 318 | 313 | (f) In any unlawful detainer action by the landlord to recover possession from a tenant, a rebuttable presumption affecting the burden of producing evidence that the landlord is unlawfully retaliating against the tenant for exercising their rights under this section is created if all of the following conditions exist: | |
| 319 | 314 | ||
| 320 | 315 | (1) The residential rental property sustained damage as a result of a disaster. | |
| 321 | 316 | ||
| 322 | 317 | (2) The landlord failed to repair and remediate the damage as required by this section within a reasonable time after the disaster. | |
| 323 | 318 | ||
| 324 | 319 | (3) The notice to terminate tenancy was served on the tenant before the damage has been repaired and remediated or within 180 days after the damage has been repaired or remediated. | |
| 325 | 320 | ||
| 326 | 321 | (g) The rights, obligations, and remedies under this section are cumulative and in addition to any other rights, obligations, or remedies available under federal, state, or local law. | |
| 327 | 322 | ||
| 328 | 323 | (h) Nothing in this section preempts any local ordinance from providing for additional protections for tenants or imposing additional obligations on the landlord. | |
| 329 | 324 | ||
| 330 | 325 | SEC. 6. Section 1941.9 is added to the Civil Code, to read:1941.9. (a) (1) When the hiring of residential real property is terminated pursuant to paragraph (2) of Section 1932 or paragraph (4) of Section 1933, the landlord shall return to the tenant any advance rental payments made by the tenant that cover any period after the date of the termination.(2) Any payment from the landlord to the tenant required pursuant to paragraph (1) shall be made within 21 days of the date of the termination and shall be sent to the address provided by the tenant. If the hirer does not provide an address, mailings pursuant to this subdivision shall be sent to the address of the unit that was the subject of the terminated hiring.(3) For purposes of this subdivision, the date of the termination shall be either of the following, as applicable:(A) The date that the tenant informs the landlord or the landlords agent of the tenants intent to terminate the hiring pursuant to paragraph (2) of Section 1932.(B) The date that the residential real property was destroyed, if the termination happened pursuant to paragraph (4) of Section 1933.(b) During any period during which a tenant in residential real property is unable to occupy their rental unit due to a mandatory evacuation order pursuant to a disaster, as defined in Section 798.62, the tenants obligation to pay rent shall be discharged for the period during which the tenant must be evacuated. If the tenant already paid rent for the period of an evacuation, the landlord shall return the rent within 10 calendar days after the evacuation order is lifted or the tenant may deduct the amount from the next months rent. | |
| 331 | 326 | ||
| 332 | 327 | SEC. 6. Section 1941.9 is added to the Civil Code, to read: | |
| 333 | 328 | ||
| 334 | 329 | ### SEC. 6. | |
| 335 | 330 | ||
| 336 | 331 | 1941.9. (a) (1) When the hiring of residential real property is terminated pursuant to paragraph (2) of Section 1932 or paragraph (4) of Section 1933, the landlord shall return to the tenant any advance rental payments made by the tenant that cover any period after the date of the termination.(2) Any payment from the landlord to the tenant required pursuant to paragraph (1) shall be made within 21 days of the date of the termination and shall be sent to the address provided by the tenant. If the hirer does not provide an address, mailings pursuant to this subdivision shall be sent to the address of the unit that was the subject of the terminated hiring.(3) For purposes of this subdivision, the date of the termination shall be either of the following, as applicable:(A) The date that the tenant informs the landlord or the landlords agent of the tenants intent to terminate the hiring pursuant to paragraph (2) of Section 1932.(B) The date that the residential real property was destroyed, if the termination happened pursuant to paragraph (4) of Section 1933.(b) During any period during which a tenant in residential real property is unable to occupy their rental unit due to a mandatory evacuation order pursuant to a disaster, as defined in Section 798.62, the tenants obligation to pay rent shall be discharged for the period during which the tenant must be evacuated. If the tenant already paid rent for the period of an evacuation, the landlord shall return the rent within 10 calendar days after the evacuation order is lifted or the tenant may deduct the amount from the next months rent. | |
| 337 | 332 | ||
| 338 | 333 | 1941.9. (a) (1) When the hiring of residential real property is terminated pursuant to paragraph (2) of Section 1932 or paragraph (4) of Section 1933, the landlord shall return to the tenant any advance rental payments made by the tenant that cover any period after the date of the termination.(2) Any payment from the landlord to the tenant required pursuant to paragraph (1) shall be made within 21 days of the date of the termination and shall be sent to the address provided by the tenant. If the hirer does not provide an address, mailings pursuant to this subdivision shall be sent to the address of the unit that was the subject of the terminated hiring.(3) For purposes of this subdivision, the date of the termination shall be either of the following, as applicable:(A) The date that the tenant informs the landlord or the landlords agent of the tenants intent to terminate the hiring pursuant to paragraph (2) of Section 1932.(B) The date that the residential real property was destroyed, if the termination happened pursuant to paragraph (4) of Section 1933.(b) During any period during which a tenant in residential real property is unable to occupy their rental unit due to a mandatory evacuation order pursuant to a disaster, as defined in Section 798.62, the tenants obligation to pay rent shall be discharged for the period during which the tenant must be evacuated. If the tenant already paid rent for the period of an evacuation, the landlord shall return the rent within 10 calendar days after the evacuation order is lifted or the tenant may deduct the amount from the next months rent. | |
| 339 | 334 | ||
| 340 | 335 | 1941.9. (a) (1) When the hiring of residential real property is terminated pursuant to paragraph (2) of Section 1932 or paragraph (4) of Section 1933, the landlord shall return to the tenant any advance rental payments made by the tenant that cover any period after the date of the termination.(2) Any payment from the landlord to the tenant required pursuant to paragraph (1) shall be made within 21 days of the date of the termination and shall be sent to the address provided by the tenant. If the hirer does not provide an address, mailings pursuant to this subdivision shall be sent to the address of the unit that was the subject of the terminated hiring.(3) For purposes of this subdivision, the date of the termination shall be either of the following, as applicable:(A) The date that the tenant informs the landlord or the landlords agent of the tenants intent to terminate the hiring pursuant to paragraph (2) of Section 1932.(B) The date that the residential real property was destroyed, if the termination happened pursuant to paragraph (4) of Section 1933.(b) During any period during which a tenant in residential real property is unable to occupy their rental unit due to a mandatory evacuation order pursuant to a disaster, as defined in Section 798.62, the tenants obligation to pay rent shall be discharged for the period during which the tenant must be evacuated. If the tenant already paid rent for the period of an evacuation, the landlord shall return the rent within 10 calendar days after the evacuation order is lifted or the tenant may deduct the amount from the next months rent. | |
| 341 | 336 | ||
| 337 | + | ||
| 338 | + | ||
| 342 | 339 | 1941.9. (a) (1) When the hiring of residential real property is terminated pursuant to paragraph (2) of Section 1932 or paragraph (4) of Section 1933, the landlord shall return to the tenant any advance rental payments made by the tenant that cover any period after the date of the termination. | |
| 343 | - | ||
| 344 | - | ###### 1941.9. | |
| 345 | 340 | ||
| 346 | 341 | (2) Any payment from the landlord to the tenant required pursuant to paragraph (1) shall be made within 21 days of the date of the termination and shall be sent to the address provided by the tenant. If the hirer does not provide an address, mailings pursuant to this subdivision shall be sent to the address of the unit that was the subject of the terminated hiring. | |
| 347 | 342 | ||
| 348 | 343 | (3) For purposes of this subdivision, the date of the termination shall be either of the following, as applicable: | |
| 349 | 344 | ||
| 350 | 345 | (A) The date that the tenant informs the landlord or the landlords agent of the tenants intent to terminate the hiring pursuant to paragraph (2) of Section 1932. | |
| 351 | 346 | ||
| 352 | 347 | (B) The date that the residential real property was destroyed, if the termination happened pursuant to paragraph (4) of Section 1933. | |
| 353 | 348 | ||
| 354 | 349 | (b) During any period during which a tenant in residential real property is unable to occupy their rental unit due to a mandatory evacuation order pursuant to a disaster, as defined in Section 798.62, the tenants obligation to pay rent shall be discharged for the period during which the tenant must be evacuated. If the tenant already paid rent for the period of an evacuation, the landlord shall return the rent within 10 calendar days after the evacuation order is lifted or the tenant may deduct the amount from the next months rent. | |
| 355 | 350 | ||
| 356 | - | SEC. 7. Section 1179b is added to the Code of Civil Procedure, immediately following Section 1179a, to read:1179b. (a) Notwithstanding Section 1167.5, in any county in which a state of emergency is declared by the President of the United States, or by the Governor pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code), the following notice periods and deadlines are extended for notices related to the termination of a tenancy or unlawful detainer proceedings:(1) From 3 to 15 days for all of the following:(A) Notice pursuant to paragraph (2) of Section 1161.(B) Notice pursuant to paragraph (3) of Section 1161.(C) Notice pursuant to paragraph (4) of Section 1161.(D) Notice from the management to a homeowner or legal owner, junior lienholder, or registered owner, pursuant to subdivision (c) of Section 798.55 of the Civil Code.(E) The time for a homeowner to cure nonpayment of rent, utility charges, or reasonable incidental service charges after being given written notice of the alleged nonpayment pursuant to paragraphs (1) and (2) of subdivision (e) of Section 798.56 of the Civil Code. This subparagraph does not reduce or affect the five-day period that management is required to wait from the due date before giving notice of nonpayment of rent.(2) From 5 to 30 days for both of the following:(A) Notice to an alleged unlawful occupant pursuant to subdivision (c) of Section 798.75 of the Civil Code.(B) The time period for an occupant to vacate real property pursuant to a writ of possession pursuant to Section 715.010.(3) From 10 to 30 days for all of the following:(A) The time for a defendant to file a response pursuant to subdivision (a) of Section 1167.(B) The time for an occupant to file a prejudgment claim of right to possession pursuant to Section 1174.25.(C) The time for a homeowner or resident to respond or cure an alleged rule or regulation violation pursuant to subdivision (d) of Section 798.56.(4) From 10 to 60 days for both of the following:(A) | |
| 351 | + | SEC. 7. Section 1179b is added to the Code of Civil Procedure, immediately following Section 1179a, to read:1179b. (a) Notwithstanding Section 1167.5, in any county in which a state of emergency is declared by the President of the United States, or by the Governor pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code), the following notice periods and deadlines are extended for notices related to the termination of a tenancy or unlawful detainer proceedings:(1) From 3 to 15 days for all of the following:(A) Notice pursuant to paragraph (2) of Section 1161.(B) Notice pursuant to paragraph (3) of Section 1161.(C) Notice pursuant to paragraph (4) of Section 1161.(D) Notice from the management to a homeowner or legal owner, junior lienholder, or registered owner, pursuant to subdivision (c) of Section 798.55 of the Civil Code.(E) The time for a homeowner to cure nonpayment of rent, utility charges, or reasonable incidental service charges after being given written notice of the alleged nonpayment pursuant to paragraphs (1) and (2) of subdivision (e) of Section 798.56 of the Civil Code. This subparagraph does not reduce or affect the five-day period that management is required to wait from the due date before giving notice of nonpayment of rent.(2) From 5 to 30 days for both of the following:(A) Notice to an alleged unlawful occupant pursuant to subdivision (c) of Section 798.75 of the Civil Code.(B) The time period for an occupant to vacate real property pursuant to a writ of possession pursuant to Section 715.010.(3) From 10 to 30 days for all of the following:(A) The time for a defendant to file a response pursuant to subdivision (a) of Section 1167.(B) The time for an occupant to file a prejudgment claim of right to possession pursuant to Section 1174.25.(C) The time for a homeowner or resident to respond or cure an alleged rule or regulation violation pursuant to subdivision (d) of Section 798.56.(4) From 10 to 60 days for both of the following:(A) The additional time, beyond the time for appeal, for which a trial court may stay the enforcement of an unlawful detainer judgment pursuant to Section 918.(B) Notice from management of belief of abandonment pursuant to subdivision (b) of Section 798.61 of the Civil Code.(5) From 10 to 90 days for the time for which service of an unlawful detainer summon shall be deemed complete pursuant to subdivision (c) of Section 415.45.(6) From 30 to 60 days for the notice of termination of a tenancy of less than one year and from 60 to 90 days for the notice of termination of a tenancy of more than one year pursuant to Section 1946.1 of the Civil Code.(7) From 60 to 180 days for the notice period for management to notify a homeowner of its intent to terminate or refuse to renew a tenancy pursuant to Section 798.55 of the Civil Code.(8) From 90 days to 180 days for both of the following:(A) A notice of termination of tenancy pursuant to Section 1954.535 of the Civil Code.(B) A notice pursuant to Section 1161b.(b) Notwithstanding Section 1167.5, and in addition to the extensions of time set forth in subdivision (a), the declaration of a federal, state, or local emergency shall automatically toll any notice period or deadline under this chapter that was pending at the time the emergency is declared for 15 calendar days following the declaration.(c) This section sets the minimum timeline extension and tolling applicable to unlawful detainer proceedings during a declared state of emergency. Nothing in this section shall be interpreted to prevent the establishment of longer timelines by rule of court. | |
| 357 | 352 | ||
| 358 | 353 | SEC. 7. Section 1179b is added to the Code of Civil Procedure, immediately following Section 1179a, to read: | |
| 359 | 354 | ||
| 360 | 355 | ### SEC. 7. | |
| 361 | 356 | ||
| 362 | - | 1179b. (a) Notwithstanding Section 1167.5, in any county in which a state of emergency is declared by the President of the United States, or by the Governor pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code), the following notice periods and deadlines are extended for notices related to the termination of a tenancy or unlawful detainer proceedings:(1) From 3 to 15 days for all of the following:(A) Notice pursuant to paragraph (2) of Section 1161.(B) Notice pursuant to paragraph (3) of Section 1161.(C) Notice pursuant to paragraph (4) of Section 1161.(D) Notice from the management to a homeowner or legal owner, junior lienholder, or registered owner, pursuant to subdivision (c) of Section 798.55 of the Civil Code.(E) The time for a homeowner to cure nonpayment of rent, utility charges, or reasonable incidental service charges after being given written notice of the alleged nonpayment pursuant to paragraphs (1) and (2) of subdivision (e) of Section 798.56 of the Civil Code. This subparagraph does not reduce or affect the five-day period that management is required to wait from the due date before giving notice of nonpayment of rent.(2) From 5 to 30 days for both of the following:(A) Notice to an alleged unlawful occupant pursuant to subdivision (c) of Section 798.75 of the Civil Code.(B) The time period for an occupant to vacate real property pursuant to a writ of possession pursuant to Section 715.010.(3) From 10 to 30 days for all of the following:(A) The time for a defendant to file a response pursuant to subdivision (a) of Section 1167.(B) The time for an occupant to file a prejudgment claim of right to possession pursuant to Section 1174.25.(C) The time for a homeowner or resident to respond or cure an alleged rule or regulation violation pursuant to subdivision (d) of Section 798.56.(4) From 10 to 60 days for both of the following:(A) | |
| 357 | + | 1179b. (a) Notwithstanding Section 1167.5, in any county in which a state of emergency is declared by the President of the United States, or by the Governor pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code), the following notice periods and deadlines are extended for notices related to the termination of a tenancy or unlawful detainer proceedings:(1) From 3 to 15 days for all of the following:(A) Notice pursuant to paragraph (2) of Section 1161.(B) Notice pursuant to paragraph (3) of Section 1161.(C) Notice pursuant to paragraph (4) of Section 1161.(D) Notice from the management to a homeowner or legal owner, junior lienholder, or registered owner, pursuant to subdivision (c) of Section 798.55 of the Civil Code.(E) The time for a homeowner to cure nonpayment of rent, utility charges, or reasonable incidental service charges after being given written notice of the alleged nonpayment pursuant to paragraphs (1) and (2) of subdivision (e) of Section 798.56 of the Civil Code. This subparagraph does not reduce or affect the five-day period that management is required to wait from the due date before giving notice of nonpayment of rent.(2) From 5 to 30 days for both of the following:(A) Notice to an alleged unlawful occupant pursuant to subdivision (c) of Section 798.75 of the Civil Code.(B) The time period for an occupant to vacate real property pursuant to a writ of possession pursuant to Section 715.010.(3) From 10 to 30 days for all of the following:(A) The time for a defendant to file a response pursuant to subdivision (a) of Section 1167.(B) The time for an occupant to file a prejudgment claim of right to possession pursuant to Section 1174.25.(C) The time for a homeowner or resident to respond or cure an alleged rule or regulation violation pursuant to subdivision (d) of Section 798.56.(4) From 10 to 60 days for both of the following:(A) The additional time, beyond the time for appeal, for which a trial court may stay the enforcement of an unlawful detainer judgment pursuant to Section 918.(B) Notice from management of belief of abandonment pursuant to subdivision (b) of Section 798.61 of the Civil Code.(5) From 10 to 90 days for the time for which service of an unlawful detainer summon shall be deemed complete pursuant to subdivision (c) of Section 415.45.(6) From 30 to 60 days for the notice of termination of a tenancy of less than one year and from 60 to 90 days for the notice of termination of a tenancy of more than one year pursuant to Section 1946.1 of the Civil Code.(7) From 60 to 180 days for the notice period for management to notify a homeowner of its intent to terminate or refuse to renew a tenancy pursuant to Section 798.55 of the Civil Code.(8) From 90 days to 180 days for both of the following:(A) A notice of termination of tenancy pursuant to Section 1954.535 of the Civil Code.(B) A notice pursuant to Section 1161b.(b) Notwithstanding Section 1167.5, and in addition to the extensions of time set forth in subdivision (a), the declaration of a federal, state, or local emergency shall automatically toll any notice period or deadline under this chapter that was pending at the time the emergency is declared for 15 calendar days following the declaration.(c) This section sets the minimum timeline extension and tolling applicable to unlawful detainer proceedings during a declared state of emergency. Nothing in this section shall be interpreted to prevent the establishment of longer timelines by rule of court. | |
| 363 | 358 | ||
| 364 | - | 1179b. (a) Notwithstanding Section 1167.5, in any county in which a state of emergency is declared by the President of the United States, or by the Governor pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code), the following notice periods and deadlines are extended for notices related to the termination of a tenancy or unlawful detainer proceedings:(1) From 3 to 15 days for all of the following:(A) Notice pursuant to paragraph (2) of Section 1161.(B) Notice pursuant to paragraph (3) of Section 1161.(C) Notice pursuant to paragraph (4) of Section 1161.(D) Notice from the management to a homeowner or legal owner, junior lienholder, or registered owner, pursuant to subdivision (c) of Section 798.55 of the Civil Code.(E) The time for a homeowner to cure nonpayment of rent, utility charges, or reasonable incidental service charges after being given written notice of the alleged nonpayment pursuant to paragraphs (1) and (2) of subdivision (e) of Section 798.56 of the Civil Code. This subparagraph does not reduce or affect the five-day period that management is required to wait from the due date before giving notice of nonpayment of rent.(2) From 5 to 30 days for both of the following:(A) Notice to an alleged unlawful occupant pursuant to subdivision (c) of Section 798.75 of the Civil Code.(B) The time period for an occupant to vacate real property pursuant to a writ of possession pursuant to Section 715.010.(3) From 10 to 30 days for all of the following:(A) The time for a defendant to file a response pursuant to subdivision (a) of Section 1167.(B) The time for an occupant to file a prejudgment claim of right to possession pursuant to Section 1174.25.(C) The time for a homeowner or resident to respond or cure an alleged rule or regulation violation pursuant to subdivision (d) of Section 798.56.(4) From 10 to 60 days for both of the following:(A) | |
| 359 | + | 1179b. (a) Notwithstanding Section 1167.5, in any county in which a state of emergency is declared by the President of the United States, or by the Governor pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code), the following notice periods and deadlines are extended for notices related to the termination of a tenancy or unlawful detainer proceedings:(1) From 3 to 15 days for all of the following:(A) Notice pursuant to paragraph (2) of Section 1161.(B) Notice pursuant to paragraph (3) of Section 1161.(C) Notice pursuant to paragraph (4) of Section 1161.(D) Notice from the management to a homeowner or legal owner, junior lienholder, or registered owner, pursuant to subdivision (c) of Section 798.55 of the Civil Code.(E) The time for a homeowner to cure nonpayment of rent, utility charges, or reasonable incidental service charges after being given written notice of the alleged nonpayment pursuant to paragraphs (1) and (2) of subdivision (e) of Section 798.56 of the Civil Code. This subparagraph does not reduce or affect the five-day period that management is required to wait from the due date before giving notice of nonpayment of rent.(2) From 5 to 30 days for both of the following:(A) Notice to an alleged unlawful occupant pursuant to subdivision (c) of Section 798.75 of the Civil Code.(B) The time period for an occupant to vacate real property pursuant to a writ of possession pursuant to Section 715.010.(3) From 10 to 30 days for all of the following:(A) The time for a defendant to file a response pursuant to subdivision (a) of Section 1167.(B) The time for an occupant to file a prejudgment claim of right to possession pursuant to Section 1174.25.(C) The time for a homeowner or resident to respond or cure an alleged rule or regulation violation pursuant to subdivision (d) of Section 798.56.(4) From 10 to 60 days for both of the following:(A) The additional time, beyond the time for appeal, for which a trial court may stay the enforcement of an unlawful detainer judgment pursuant to Section 918.(B) Notice from management of belief of abandonment pursuant to subdivision (b) of Section 798.61 of the Civil Code.(5) From 10 to 90 days for the time for which service of an unlawful detainer summon shall be deemed complete pursuant to subdivision (c) of Section 415.45.(6) From 30 to 60 days for the notice of termination of a tenancy of less than one year and from 60 to 90 days for the notice of termination of a tenancy of more than one year pursuant to Section 1946.1 of the Civil Code.(7) From 60 to 180 days for the notice period for management to notify a homeowner of its intent to terminate or refuse to renew a tenancy pursuant to Section 798.55 of the Civil Code.(8) From 90 days to 180 days for both of the following:(A) A notice of termination of tenancy pursuant to Section 1954.535 of the Civil Code.(B) A notice pursuant to Section 1161b.(b) Notwithstanding Section 1167.5, and in addition to the extensions of time set forth in subdivision (a), the declaration of a federal, state, or local emergency shall automatically toll any notice period or deadline under this chapter that was pending at the time the emergency is declared for 15 calendar days following the declaration.(c) This section sets the minimum timeline extension and tolling applicable to unlawful detainer proceedings during a declared state of emergency. Nothing in this section shall be interpreted to prevent the establishment of longer timelines by rule of court. | |
| 365 | 360 | ||
| 366 | - | 1179b. (a) Notwithstanding Section 1167.5, in any county in which a state of emergency is declared by the President of the United States, or by the Governor pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code), the following notice periods and deadlines are extended for notices related to the termination of a tenancy or unlawful detainer proceedings:(1) From 3 to 15 days for all of the following:(A) Notice pursuant to paragraph (2) of Section 1161.(B) Notice pursuant to paragraph (3) of Section 1161.(C) Notice pursuant to paragraph (4) of Section 1161.(D) Notice from the management to a homeowner or legal owner, junior lienholder, or registered owner, pursuant to subdivision (c) of Section 798.55 of the Civil Code.(E) The time for a homeowner to cure nonpayment of rent, utility charges, or reasonable incidental service charges after being given written notice of the alleged nonpayment pursuant to paragraphs (1) and (2) of subdivision (e) of Section 798.56 of the Civil Code. This subparagraph does not reduce or affect the five-day period that management is required to wait from the due date before giving notice of nonpayment of rent.(2) From 5 to 30 days for both of the following:(A) Notice to an alleged unlawful occupant pursuant to subdivision (c) of Section 798.75 of the Civil Code.(B) The time period for an occupant to vacate real property pursuant to a writ of possession pursuant to Section 715.010.(3) From 10 to 30 days for all of the following:(A) The time for a defendant to file a response pursuant to subdivision (a) of Section 1167.(B) The time for an occupant to file a prejudgment claim of right to possession pursuant to Section 1174.25.(C) The time for a homeowner or resident to respond or cure an alleged rule or regulation violation pursuant to subdivision (d) of Section 798.56.(4) From 10 to 60 days for both of the following:(A)The the additional time, beyond the time for appeal, for which a trial court may stay the enforcement of an unlawful detainer judgment pursuant to Section 918.(B)Notice from management of belief of abandonment pursuant to subdivision (b) of Section 798.61 of the Civil Code.(5) From 10 to 90 days for the time for which service of an unlawful detainer summon shall be deemed complete pursuant to subdivision (c) of Section 415.45.(6) From 30 to 60 days for the notice of termination of a tenancy of less than one year and from 60 to 90 days for the notice of termination of a tenancy of more than one year pursuant to Section 1946.1 of the Civil Code.(7) From 30 to 60 days for the notice from management of belief of abandonment pursuant to subdivision (b) of Section 798.61 of the Civil Code. (7)(8) From 60 to 180 days for the notice period for management to notify a homeowner of its intent to terminate or refuse to renew a tenancy pursuant to Section 798.55 of the Civil Code.(8)(9) From 90 days to 180 days for both of the following:(A) A notice of termination of tenancy pursuant to Section 1954.535 of the Civil Code.(B) A notice pursuant to Section 1161b.(b) Notwithstanding Section 1167.5, and in addition to the extensions of time set forth in subdivision (a), the declaration of a federal, state, or local emergency shall automatically toll any notice period or deadline under this chapter that was pending at the time the emergency is declared for 15 calendar days following the declaration.(c) This section sets the minimum timeline extension and tolling applicable to unlawful detainer proceedings during a declared state of emergency. Nothing in this section shall be interpreted to prevent the establishment of longer timelines by rule of court. | |
| 361 | + | 1179b. (a) Notwithstanding Section 1167.5, in any county in which a state of emergency is declared by the President of the United States, or by the Governor pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code), the following notice periods and deadlines are extended for notices related to the termination of a tenancy or unlawful detainer proceedings:(1) From 3 to 15 days for all of the following:(A) Notice pursuant to paragraph (2) of Section 1161.(B) Notice pursuant to paragraph (3) of Section 1161.(C) Notice pursuant to paragraph (4) of Section 1161.(D) Notice from the management to a homeowner or legal owner, junior lienholder, or registered owner, pursuant to subdivision (c) of Section 798.55 of the Civil Code.(E) The time for a homeowner to cure nonpayment of rent, utility charges, or reasonable incidental service charges after being given written notice of the alleged nonpayment pursuant to paragraphs (1) and (2) of subdivision (e) of Section 798.56 of the Civil Code. This subparagraph does not reduce or affect the five-day period that management is required to wait from the due date before giving notice of nonpayment of rent.(2) From 5 to 30 days for both of the following:(A) Notice to an alleged unlawful occupant pursuant to subdivision (c) of Section 798.75 of the Civil Code.(B) The time period for an occupant to vacate real property pursuant to a writ of possession pursuant to Section 715.010.(3) From 10 to 30 days for all of the following:(A) The time for a defendant to file a response pursuant to subdivision (a) of Section 1167.(B) The time for an occupant to file a prejudgment claim of right to possession pursuant to Section 1174.25.(C) The time for a homeowner or resident to respond or cure an alleged rule or regulation violation pursuant to subdivision (d) of Section 798.56.(4) From 10 to 60 days for both of the following:(A) The additional time, beyond the time for appeal, for which a trial court may stay the enforcement of an unlawful detainer judgment pursuant to Section 918.(B) Notice from management of belief of abandonment pursuant to subdivision (b) of Section 798.61 of the Civil Code.(5) From 10 to 90 days for the time for which service of an unlawful detainer summon shall be deemed complete pursuant to subdivision (c) of Section 415.45.(6) From 30 to 60 days for the notice of termination of a tenancy of less than one year and from 60 to 90 days for the notice of termination of a tenancy of more than one year pursuant to Section 1946.1 of the Civil Code.(7) From 60 to 180 days for the notice period for management to notify a homeowner of its intent to terminate or refuse to renew a tenancy pursuant to Section 798.55 of the Civil Code.(8) From 90 days to 180 days for both of the following:(A) A notice of termination of tenancy pursuant to Section 1954.535 of the Civil Code.(B) A notice pursuant to Section 1161b.(b) Notwithstanding Section 1167.5, and in addition to the extensions of time set forth in subdivision (a), the declaration of a federal, state, or local emergency shall automatically toll any notice period or deadline under this chapter that was pending at the time the emergency is declared for 15 calendar days following the declaration.(c) This section sets the minimum timeline extension and tolling applicable to unlawful detainer proceedings during a declared state of emergency. Nothing in this section shall be interpreted to prevent the establishment of longer timelines by rule of court. | |
| 362 | + | ||
| 363 | + | ||
| 367 | 364 | ||
| 368 | 365 | 1179b. (a) Notwithstanding Section 1167.5, in any county in which a state of emergency is declared by the President of the United States, or by the Governor pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code), the following notice periods and deadlines are extended for notices related to the termination of a tenancy or unlawful detainer proceedings: | |
| 369 | - | ||
| 370 | - | ###### 1179b. | |
| 371 | 366 | ||
| 372 | 367 | (1) From 3 to 15 days for all of the following: | |
| 373 | 368 | ||
| 374 | 369 | (A) Notice pursuant to paragraph (2) of Section 1161. | |
| 375 | 370 | ||
| 376 | 371 | (B) Notice pursuant to paragraph (3) of Section 1161. | |
| 377 | 372 | ||
| 378 | 373 | (C) Notice pursuant to paragraph (4) of Section 1161. | |
| 379 | 374 | ||
| 380 | 375 | (D) Notice from the management to a homeowner or legal owner, junior lienholder, or registered owner, pursuant to subdivision (c) of Section 798.55 of the Civil Code. | |
| 381 | 376 | ||
| 382 | 377 | (E) The time for a homeowner to cure nonpayment of rent, utility charges, or reasonable incidental service charges after being given written notice of the alleged nonpayment pursuant to paragraphs (1) and (2) of subdivision (e) of Section 798.56 of the Civil Code. This subparagraph does not reduce or affect the five-day period that management is required to wait from the due date before giving notice of nonpayment of rent. | |
| 383 | 378 | ||
| 384 | 379 | (2) From 5 to 30 days for both of the following: | |
| 385 | 380 | ||
| 386 | 381 | (A) Notice to an alleged unlawful occupant pursuant to subdivision (c) of Section 798.75 of the Civil Code. | |
| 387 | 382 | ||
| 388 | 383 | (B) The time period for an occupant to vacate real property pursuant to a writ of possession pursuant to Section 715.010. | |
| 389 | 384 | ||
| 390 | 385 | (3) From 10 to 30 days for all of the following: | |
| 391 | 386 | ||
| 392 | 387 | (A) The time for a defendant to file a response pursuant to subdivision (a) of Section 1167. | |
| 393 | 388 | ||
| 394 | 389 | (B) The time for an occupant to file a prejudgment claim of right to possession pursuant to Section 1174.25. | |
| 395 | 390 | ||
| 396 | 391 | (C) The time for a homeowner or resident to respond or cure an alleged rule or regulation violation pursuant to subdivision (d) of Section 798.56. | |
| 397 | 392 | ||
| 398 | 393 | (4) From 10 to 60 days for both of the following: | |
| 399 | 394 | ||
| 400 | - | (A) | |
| 395 | + | (A) The additional time, beyond the time for appeal, for which a trial court may stay the enforcement of an unlawful detainer judgment pursuant to Section 918. | |
| 401 | 396 | ||
| 402 | 397 | (B) Notice from management of belief of abandonment pursuant to subdivision (b) of Section 798.61 of the Civil Code. | |
| 403 | 398 | ||
| 404 | 399 | (5) From 10 to 90 days for the time for which service of an unlawful detainer summon shall be deemed complete pursuant to subdivision (c) of Section 415.45. | |
| 405 | 400 | ||
| 406 | 401 | (6) From 30 to 60 days for the notice of termination of a tenancy of less than one year and from 60 to 90 days for the notice of termination of a tenancy of more than one year pursuant to Section 1946.1 of the Civil Code. | |
| 407 | 402 | ||
| 408 | - | (7) From | |
| 403 | + | (7) From 60 to 180 days for the notice period for management to notify a homeowner of its intent to terminate or refuse to renew a tenancy pursuant to Section 798.55 of the Civil Code. | |
| 409 | 404 | ||
| 410 | - | (7) | |
| 411 | - | ||
| 412 | - | (8) From 60 to 180 days for the notice period for management to notify a homeowner of its intent to terminate or refuse to renew a tenancy pursuant to Section 798.55 of the Civil Code. | |
| 413 | - | ||
| 414 | - | (8) | |
| 415 | - | ||
| 416 | - | (9) From 90 days to 180 days for both of the following: | |
| 405 | + | (8) From 90 days to 180 days for both of the following: | |
| 417 | 406 | ||
| 418 | 407 | (A) A notice of termination of tenancy pursuant to Section 1954.535 of the Civil Code. | |
| 419 | 408 | ||
| 420 | 409 | (B) A notice pursuant to Section 1161b. | |
| 421 | 410 | ||
| 422 | 411 | (b) Notwithstanding Section 1167.5, and in addition to the extensions of time set forth in subdivision (a), the declaration of a federal, state, or local emergency shall automatically toll any notice period or deadline under this chapter that was pending at the time the emergency is declared for 15 calendar days following the declaration. | |
| 423 | 412 | ||
| 424 | 413 | (c) This section sets the minimum timeline extension and tolling applicable to unlawful detainer proceedings during a declared state of emergency. Nothing in this section shall be interpreted to prevent the establishment of longer timelines by rule of court. | |
| 425 | 414 | ||
| 426 | - | SEC. 8. Section 338 is added to the Financial Code, to read:338. Upon declaration of a state of emergency, pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) due to a wildfire, including, but not limited to, any unplanned, unwanted wildland fire, including unauthorized human-caused fires, escaped wildland fire use events, escaped prescribed fire projects, and all other wildland fires where the objective is to extinguish the fire, the commissioner shall coordinate with mortgage lenders and servicers, including those who lend money in connection with the purchase | |
| 415 | + | SEC. 8. Section 338 is added to the Financial Code, to read:338. Upon declaration of a state of emergency, pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) due to a wildfire, including, but not limited to, any unplanned, unwanted wildland fire, including unauthorized human-caused fires, escaped wildland fire use events, escaped prescribed fire projects, and all other wildland fires where the objective is to extinguish the fire, the commissioner shall coordinate with mortgage lenders and servicers, including those who lend money in connection with the purchase of a mobilehome as that term is defined in Section 798.3 of the Civil Code, operating in this state to facilitate and monitor the implementation and promotion of mortgage forbearance, foreclosure prevention, and loss mitigation programs available to borrowers who experience a material decrease in household income or a material increase in household expenses due, directly or indirectly, to the wildfire emergency. | |
| 427 | 416 | ||
| 428 | 417 | SEC. 8. Section 338 is added to the Financial Code, to read: | |
| 429 | 418 | ||
| 430 | 419 | ### SEC. 8. | |
| 431 | 420 | ||
| 432 | - | 338. Upon declaration of a state of emergency, pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) due to a wildfire, including, but not limited to, any unplanned, unwanted wildland fire, including unauthorized human-caused fires, escaped wildland fire use events, escaped prescribed fire projects, and all other wildland fires where the objective is to extinguish the fire, the commissioner shall coordinate with mortgage lenders and servicers, including those who lend money in connection with the purchase | |
| 421 | + | 338. Upon declaration of a state of emergency, pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) due to a wildfire, including, but not limited to, any unplanned, unwanted wildland fire, including unauthorized human-caused fires, escaped wildland fire use events, escaped prescribed fire projects, and all other wildland fires where the objective is to extinguish the fire, the commissioner shall coordinate with mortgage lenders and servicers, including those who lend money in connection with the purchase of a mobilehome as that term is defined in Section 798.3 of the Civil Code, operating in this state to facilitate and monitor the implementation and promotion of mortgage forbearance, foreclosure prevention, and loss mitigation programs available to borrowers who experience a material decrease in household income or a material increase in household expenses due, directly or indirectly, to the wildfire emergency. | |
| 433 | 422 | ||
| 434 | - | 338. Upon declaration of a state of emergency, pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) due to a wildfire, including, but not limited to, any unplanned, unwanted wildland fire, including unauthorized human-caused fires, escaped wildland fire use events, escaped prescribed fire projects, and all other wildland fires where the objective is to extinguish the fire, the commissioner shall coordinate with mortgage lenders and servicers, including those who lend money in connection with the purchase | |
| 423 | + | 338. Upon declaration of a state of emergency, pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) due to a wildfire, including, but not limited to, any unplanned, unwanted wildland fire, including unauthorized human-caused fires, escaped wildland fire use events, escaped prescribed fire projects, and all other wildland fires where the objective is to extinguish the fire, the commissioner shall coordinate with mortgage lenders and servicers, including those who lend money in connection with the purchase of a mobilehome as that term is defined in Section 798.3 of the Civil Code, operating in this state to facilitate and monitor the implementation and promotion of mortgage forbearance, foreclosure prevention, and loss mitigation programs available to borrowers who experience a material decrease in household income or a material increase in household expenses due, directly or indirectly, to the wildfire emergency. | |
| 435 | 424 | ||
| 436 | - | 338. Upon declaration of a state of emergency, pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) due to a wildfire, including, but not limited to, any unplanned, unwanted wildland fire, including unauthorized human-caused fires, escaped wildland fire use events, escaped prescribed fire projects, and all other wildland fires where the objective is to extinguish the fire, the commissioner shall coordinate with mortgage lenders and servicers, including those who lend money in connection with the purchase | |
| 425 | + | 338. Upon declaration of a state of emergency, pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) due to a wildfire, including, but not limited to, any unplanned, unwanted wildland fire, including unauthorized human-caused fires, escaped wildland fire use events, escaped prescribed fire projects, and all other wildland fires where the objective is to extinguish the fire, the commissioner shall coordinate with mortgage lenders and servicers, including those who lend money in connection with the purchase of a mobilehome as that term is defined in Section 798.3 of the Civil Code, operating in this state to facilitate and monitor the implementation and promotion of mortgage forbearance, foreclosure prevention, and loss mitigation programs available to borrowers who experience a material decrease in household income or a material increase in household expenses due, directly or indirectly, to the wildfire emergency. | |
| 437 | 426 | ||
| 438 | - | 338. Upon declaration of a state of emergency, pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) due to a wildfire, including, but not limited to, any unplanned, unwanted wildland fire, including unauthorized human-caused fires, escaped wildland fire use events, escaped prescribed fire projects, and all other wildland fires where the objective is to extinguish the fire, the commissioner shall coordinate with mortgage lenders and servicers, including those who lend money in connection with the purchase or financing of a mobilehome as that term is defined in Section 798.3 of the Civil Code, operating in this state to facilitate and monitor the implementation and promotion of mortgage forbearance, foreclosure prevention, and loss mitigation programs available to borrowers who experience a material decrease in household income or a material increase in household expenses due, directly or indirectly, to the wildfire emergency. | |
| 439 | 427 | ||
| 440 | - | ###### 338. | |
| 428 | + | ||
| 429 | + | 338. Upon declaration of a state of emergency, pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code) due to a wildfire, including, but not limited to, any unplanned, unwanted wildland fire, including unauthorized human-caused fires, escaped wildland fire use events, escaped prescribed fire projects, and all other wildland fires where the objective is to extinguish the fire, the commissioner shall coordinate with mortgage lenders and servicers, including those who lend money in connection with the purchase of a mobilehome as that term is defined in Section 798.3 of the Civil Code, operating in this state to facilitate and monitor the implementation and promotion of mortgage forbearance, foreclosure prevention, and loss mitigation programs available to borrowers who experience a material decrease in household income or a material increase in household expenses due, directly or indirectly, to the wildfire emergency. | |
| 441 | 430 | ||
| 442 | 431 | SEC. 9. Section 65863.7 of the Government Code is amended to read:65863.7. (a) (1) (A) Prior to the conversion of a mobilehome park to another use, except pursuant to the Subdivision Map Act (Division 2 (commencing with Section 66410)), or prior to closure of a mobilehome park or cessation of use of the land as a mobilehome park, the person or entity proposing the change in use shall file a report on the impact of the conversion, closure, or cessation of use of the mobilehome park. The report shall include a replacement and relocation plan that adequately mitigates the impact upon the ability of the displaced residents of the mobilehome park to be converted or closed to find adequate housing in a mobilehome park.(B) (i) If the proposed closure, cessation, or change of use is related to damage or destruction by a disaster, as described in subdivision (k), the impact report described in subparagraph (A) shall also include an assessment by the Department of Housing and Community Development on the feasibility of reopening the park. (ii) For purposes of this subparagraph, management, as defined in Section 798.2 of the Civil Code, is the person or entity proposing the change in use for purposes of preparing the impact report required by this section and is required to take steps to mitigate the adverse impact of the change as may be required in subdivision (e).(2) (A) If a displaced resident cannot obtain adequate housing in another mobilehome park, the person or entity proposing the change of use shall pay to the displaced resident the in-place market value of the displaced residents mobilehome.(B) For the purposes of this paragraph, except as specified in subparagraph (B) of paragraph (1) of subdivision (e), in-place market value shall be determined by a state-certified appraiser with experience establishing the value of mobilehomes. The appraisal shall be based upon the current in-place location of the mobilehome and shall assume the continuation of the mobilehome park.(C) The person or entity proposing the change of use shall pay for an appraisal specified in subparagraph (B) and shall include the appraisal in the report specified in paragraph (1).(b) The person proposing the change in use shall provide a copy of the report to a resident of each mobilehome in the mobilehome park at least 60 days prior to the hearing, if any, on the impact report by the advisory agency, or if there is no advisory agency, by the legislative body.(c) When the impact report is filed prior to the closure or cessation of use, the person or entity proposing the change shall provide a copy of the report to a resident of each mobilehome in the mobilehome park at the same time as the notice of the change is provided to the residents pursuant to paragraph (2) of subdivision (g) of Section 798.56 of the Civil Code.(d) When the impact report is filed prior to the closure or cessation of use, the person or entity filing the report or park resident may request, and shall have a right to, a hearing before the legislative body on the sufficiency of the report.(e) (1) Before the approval of any change of use, the legislative body, or its delegated advisory agency, shall do all of the following:(A) Review the report and any additional relevant documentation.(B) Make a finding as to whether or not approval of the park closure and the parks conversion into its intended new use, taking into consideration both the impact report as a whole and the overall housing availability within the local jurisdiction, will result in or materially contribute to a shortage of housing opportunities and choices for low- and moderate-income households within the local jurisdiction.(2) The legislative body, or its delegated advisory agency, may require, as a condition of the change, the person or entity proposing the change in use to take steps to mitigate any adverse impact of the conversion, closure, or cessation of use on the ability of displaced mobilehome park residents to find adequate housing in a mobilehome park.(f) If the closure or cessation of use of a mobilehome park results from the entry of an order for relief in bankruptcy, the provisions of this section shall not be applicable.(g) The legislative body may establish reasonable fees pursuant to Section 66016 to cover any costs incurred by the local agency in implementing this section and Section 65863.8. Those fees shall be paid by the person or entity proposing the change in use.(h) This section is applicable to charter cities.(i) This section is applicable when the closure, cessation, or change of use is the result of a decision by a local governmental entity or planning agency not to renew a conditional use permit or zoning variance under which the mobilehome park has operated, or as a result of any other zoning or planning decision, action, or inaction. In this case, the local governmental agency is the person proposing the change in use for the purposes of preparing the impact report required by this section and is required to take steps to mitigate the adverse impact of the change as may be required in subdivision (e).(j) This section is applicable when the closure, cessation, or change of use is the result of a decision by an enforcement agency, as defined in Section 18207 of the Health and Safety Code, to suspend the permit to operate the mobilehome park. In this case, the mobilehome park owner is the person proposing the change in use for purposes of preparing the impact report required by this section and is required to take steps to mitigate the adverse impact of the change as may be required in subdivision (e).(k) This section is applicable when the closure, cessation, or change of use is the result of damage or destruction of the mobilehome park by a disaster as defined in Section 798.62 of the Civil Code. (l) This section establishes a minimum standard for local regulation of the conversion of a mobilehome park to another use, the closure of a mobilehome park, and the cessation of use of the land as a mobilehome park and shall not prevent a local agency from enacting more stringent measures. | |
| 443 | 432 | ||
| 444 | 433 | SEC. 9. Section 65863.7 of the Government Code is amended to read: | |
| 445 | 434 | ||
| 446 | 435 | ### SEC. 9. | |
| 447 | 436 | ||
| 448 | 437 | 65863.7. (a) (1) (A) Prior to the conversion of a mobilehome park to another use, except pursuant to the Subdivision Map Act (Division 2 (commencing with Section 66410)), or prior to closure of a mobilehome park or cessation of use of the land as a mobilehome park, the person or entity proposing the change in use shall file a report on the impact of the conversion, closure, or cessation of use of the mobilehome park. The report shall include a replacement and relocation plan that adequately mitigates the impact upon the ability of the displaced residents of the mobilehome park to be converted or closed to find adequate housing in a mobilehome park.(B) (i) If the proposed closure, cessation, or change of use is related to damage or destruction by a disaster, as described in subdivision (k), the impact report described in subparagraph (A) shall also include an assessment by the Department of Housing and Community Development on the feasibility of reopening the park. (ii) For purposes of this subparagraph, management, as defined in Section 798.2 of the Civil Code, is the person or entity proposing the change in use for purposes of preparing the impact report required by this section and is required to take steps to mitigate the adverse impact of the change as may be required in subdivision (e).(2) (A) If a displaced resident cannot obtain adequate housing in another mobilehome park, the person or entity proposing the change of use shall pay to the displaced resident the in-place market value of the displaced residents mobilehome.(B) For the purposes of this paragraph, except as specified in subparagraph (B) of paragraph (1) of subdivision (e), in-place market value shall be determined by a state-certified appraiser with experience establishing the value of mobilehomes. The appraisal shall be based upon the current in-place location of the mobilehome and shall assume the continuation of the mobilehome park.(C) The person or entity proposing the change of use shall pay for an appraisal specified in subparagraph (B) and shall include the appraisal in the report specified in paragraph (1).(b) The person proposing the change in use shall provide a copy of the report to a resident of each mobilehome in the mobilehome park at least 60 days prior to the hearing, if any, on the impact report by the advisory agency, or if there is no advisory agency, by the legislative body.(c) When the impact report is filed prior to the closure or cessation of use, the person or entity proposing the change shall provide a copy of the report to a resident of each mobilehome in the mobilehome park at the same time as the notice of the change is provided to the residents pursuant to paragraph (2) of subdivision (g) of Section 798.56 of the Civil Code.(d) When the impact report is filed prior to the closure or cessation of use, the person or entity filing the report or park resident may request, and shall have a right to, a hearing before the legislative body on the sufficiency of the report.(e) (1) Before the approval of any change of use, the legislative body, or its delegated advisory agency, shall do all of the following:(A) Review the report and any additional relevant documentation.(B) Make a finding as to whether or not approval of the park closure and the parks conversion into its intended new use, taking into consideration both the impact report as a whole and the overall housing availability within the local jurisdiction, will result in or materially contribute to a shortage of housing opportunities and choices for low- and moderate-income households within the local jurisdiction.(2) The legislative body, or its delegated advisory agency, may require, as a condition of the change, the person or entity proposing the change in use to take steps to mitigate any adverse impact of the conversion, closure, or cessation of use on the ability of displaced mobilehome park residents to find adequate housing in a mobilehome park.(f) If the closure or cessation of use of a mobilehome park results from the entry of an order for relief in bankruptcy, the provisions of this section shall not be applicable.(g) The legislative body may establish reasonable fees pursuant to Section 66016 to cover any costs incurred by the local agency in implementing this section and Section 65863.8. Those fees shall be paid by the person or entity proposing the change in use.(h) This section is applicable to charter cities.(i) This section is applicable when the closure, cessation, or change of use is the result of a decision by a local governmental entity or planning agency not to renew a conditional use permit or zoning variance under which the mobilehome park has operated, or as a result of any other zoning or planning decision, action, or inaction. In this case, the local governmental agency is the person proposing the change in use for the purposes of preparing the impact report required by this section and is required to take steps to mitigate the adverse impact of the change as may be required in subdivision (e).(j) This section is applicable when the closure, cessation, or change of use is the result of a decision by an enforcement agency, as defined in Section 18207 of the Health and Safety Code, to suspend the permit to operate the mobilehome park. In this case, the mobilehome park owner is the person proposing the change in use for purposes of preparing the impact report required by this section and is required to take steps to mitigate the adverse impact of the change as may be required in subdivision (e).(k) This section is applicable when the closure, cessation, or change of use is the result of damage or destruction of the mobilehome park by a disaster as defined in Section 798.62 of the Civil Code. (l) This section establishes a minimum standard for local regulation of the conversion of a mobilehome park to another use, the closure of a mobilehome park, and the cessation of use of the land as a mobilehome park and shall not prevent a local agency from enacting more stringent measures. | |
| 449 | 438 | ||
| 450 | 439 | 65863.7. (a) (1) (A) Prior to the conversion of a mobilehome park to another use, except pursuant to the Subdivision Map Act (Division 2 (commencing with Section 66410)), or prior to closure of a mobilehome park or cessation of use of the land as a mobilehome park, the person or entity proposing the change in use shall file a report on the impact of the conversion, closure, or cessation of use of the mobilehome park. The report shall include a replacement and relocation plan that adequately mitigates the impact upon the ability of the displaced residents of the mobilehome park to be converted or closed to find adequate housing in a mobilehome park.(B) (i) If the proposed closure, cessation, or change of use is related to damage or destruction by a disaster, as described in subdivision (k), the impact report described in subparagraph (A) shall also include an assessment by the Department of Housing and Community Development on the feasibility of reopening the park. (ii) For purposes of this subparagraph, management, as defined in Section 798.2 of the Civil Code, is the person or entity proposing the change in use for purposes of preparing the impact report required by this section and is required to take steps to mitigate the adverse impact of the change as may be required in subdivision (e).(2) (A) If a displaced resident cannot obtain adequate housing in another mobilehome park, the person or entity proposing the change of use shall pay to the displaced resident the in-place market value of the displaced residents mobilehome.(B) For the purposes of this paragraph, except as specified in subparagraph (B) of paragraph (1) of subdivision (e), in-place market value shall be determined by a state-certified appraiser with experience establishing the value of mobilehomes. The appraisal shall be based upon the current in-place location of the mobilehome and shall assume the continuation of the mobilehome park.(C) The person or entity proposing the change of use shall pay for an appraisal specified in subparagraph (B) and shall include the appraisal in the report specified in paragraph (1).(b) The person proposing the change in use shall provide a copy of the report to a resident of each mobilehome in the mobilehome park at least 60 days prior to the hearing, if any, on the impact report by the advisory agency, or if there is no advisory agency, by the legislative body.(c) When the impact report is filed prior to the closure or cessation of use, the person or entity proposing the change shall provide a copy of the report to a resident of each mobilehome in the mobilehome park at the same time as the notice of the change is provided to the residents pursuant to paragraph (2) of subdivision (g) of Section 798.56 of the Civil Code.(d) When the impact report is filed prior to the closure or cessation of use, the person or entity filing the report or park resident may request, and shall have a right to, a hearing before the legislative body on the sufficiency of the report.(e) (1) Before the approval of any change of use, the legislative body, or its delegated advisory agency, shall do all of the following:(A) Review the report and any additional relevant documentation.(B) Make a finding as to whether or not approval of the park closure and the parks conversion into its intended new use, taking into consideration both the impact report as a whole and the overall housing availability within the local jurisdiction, will result in or materially contribute to a shortage of housing opportunities and choices for low- and moderate-income households within the local jurisdiction.(2) The legislative body, or its delegated advisory agency, may require, as a condition of the change, the person or entity proposing the change in use to take steps to mitigate any adverse impact of the conversion, closure, or cessation of use on the ability of displaced mobilehome park residents to find adequate housing in a mobilehome park.(f) If the closure or cessation of use of a mobilehome park results from the entry of an order for relief in bankruptcy, the provisions of this section shall not be applicable.(g) The legislative body may establish reasonable fees pursuant to Section 66016 to cover any costs incurred by the local agency in implementing this section and Section 65863.8. Those fees shall be paid by the person or entity proposing the change in use.(h) This section is applicable to charter cities.(i) This section is applicable when the closure, cessation, or change of use is the result of a decision by a local governmental entity or planning agency not to renew a conditional use permit or zoning variance under which the mobilehome park has operated, or as a result of any other zoning or planning decision, action, or inaction. In this case, the local governmental agency is the person proposing the change in use for the purposes of preparing the impact report required by this section and is required to take steps to mitigate the adverse impact of the change as may be required in subdivision (e).(j) This section is applicable when the closure, cessation, or change of use is the result of a decision by an enforcement agency, as defined in Section 18207 of the Health and Safety Code, to suspend the permit to operate the mobilehome park. In this case, the mobilehome park owner is the person proposing the change in use for purposes of preparing the impact report required by this section and is required to take steps to mitigate the adverse impact of the change as may be required in subdivision (e).(k) This section is applicable when the closure, cessation, or change of use is the result of damage or destruction of the mobilehome park by a disaster as defined in Section 798.62 of the Civil Code. (l) This section establishes a minimum standard for local regulation of the conversion of a mobilehome park to another use, the closure of a mobilehome park, and the cessation of use of the land as a mobilehome park and shall not prevent a local agency from enacting more stringent measures. | |
| 451 | 440 | ||
| 452 | 441 | 65863.7. (a) (1) (A) Prior to the conversion of a mobilehome park to another use, except pursuant to the Subdivision Map Act (Division 2 (commencing with Section 66410)), or prior to closure of a mobilehome park or cessation of use of the land as a mobilehome park, the person or entity proposing the change in use shall file a report on the impact of the conversion, closure, or cessation of use of the mobilehome park. The report shall include a replacement and relocation plan that adequately mitigates the impact upon the ability of the displaced residents of the mobilehome park to be converted or closed to find adequate housing in a mobilehome park.(B) (i) If the proposed closure, cessation, or change of use is related to damage or destruction by a disaster, as described in subdivision (k), the impact report described in subparagraph (A) shall also include an assessment by the Department of Housing and Community Development on the feasibility of reopening the park. (ii) For purposes of this subparagraph, management, as defined in Section 798.2 of the Civil Code, is the person or entity proposing the change in use for purposes of preparing the impact report required by this section and is required to take steps to mitigate the adverse impact of the change as may be required in subdivision (e).(2) (A) If a displaced resident cannot obtain adequate housing in another mobilehome park, the person or entity proposing the change of use shall pay to the displaced resident the in-place market value of the displaced residents mobilehome.(B) For the purposes of this paragraph, except as specified in subparagraph (B) of paragraph (1) of subdivision (e), in-place market value shall be determined by a state-certified appraiser with experience establishing the value of mobilehomes. The appraisal shall be based upon the current in-place location of the mobilehome and shall assume the continuation of the mobilehome park.(C) The person or entity proposing the change of use shall pay for an appraisal specified in subparagraph (B) and shall include the appraisal in the report specified in paragraph (1).(b) The person proposing the change in use shall provide a copy of the report to a resident of each mobilehome in the mobilehome park at least 60 days prior to the hearing, if any, on the impact report by the advisory agency, or if there is no advisory agency, by the legislative body.(c) When the impact report is filed prior to the closure or cessation of use, the person or entity proposing the change shall provide a copy of the report to a resident of each mobilehome in the mobilehome park at the same time as the notice of the change is provided to the residents pursuant to paragraph (2) of subdivision (g) of Section 798.56 of the Civil Code.(d) When the impact report is filed prior to the closure or cessation of use, the person or entity filing the report or park resident may request, and shall have a right to, a hearing before the legislative body on the sufficiency of the report.(e) (1) Before the approval of any change of use, the legislative body, or its delegated advisory agency, shall do all of the following:(A) Review the report and any additional relevant documentation.(B) Make a finding as to whether or not approval of the park closure and the parks conversion into its intended new use, taking into consideration both the impact report as a whole and the overall housing availability within the local jurisdiction, will result in or materially contribute to a shortage of housing opportunities and choices for low- and moderate-income households within the local jurisdiction.(2) The legislative body, or its delegated advisory agency, may require, as a condition of the change, the person or entity proposing the change in use to take steps to mitigate any adverse impact of the conversion, closure, or cessation of use on the ability of displaced mobilehome park residents to find adequate housing in a mobilehome park.(f) If the closure or cessation of use of a mobilehome park results from the entry of an order for relief in bankruptcy, the provisions of this section shall not be applicable.(g) The legislative body may establish reasonable fees pursuant to Section 66016 to cover any costs incurred by the local agency in implementing this section and Section 65863.8. Those fees shall be paid by the person or entity proposing the change in use.(h) This section is applicable to charter cities.(i) This section is applicable when the closure, cessation, or change of use is the result of a decision by a local governmental entity or planning agency not to renew a conditional use permit or zoning variance under which the mobilehome park has operated, or as a result of any other zoning or planning decision, action, or inaction. In this case, the local governmental agency is the person proposing the change in use for the purposes of preparing the impact report required by this section and is required to take steps to mitigate the adverse impact of the change as may be required in subdivision (e).(j) This section is applicable when the closure, cessation, or change of use is the result of a decision by an enforcement agency, as defined in Section 18207 of the Health and Safety Code, to suspend the permit to operate the mobilehome park. In this case, the mobilehome park owner is the person proposing the change in use for purposes of preparing the impact report required by this section and is required to take steps to mitigate the adverse impact of the change as may be required in subdivision (e).(k) This section is applicable when the closure, cessation, or change of use is the result of damage or destruction of the mobilehome park by a disaster as defined in Section 798.62 of the Civil Code. (l) This section establishes a minimum standard for local regulation of the conversion of a mobilehome park to another use, the closure of a mobilehome park, and the cessation of use of the land as a mobilehome park and shall not prevent a local agency from enacting more stringent measures. | |
| 453 | 442 | ||
| 443 | + | ||
| 444 | + | ||
| 454 | 445 | 65863.7. (a) (1) (A) Prior to the conversion of a mobilehome park to another use, except pursuant to the Subdivision Map Act (Division 2 (commencing with Section 66410)), or prior to closure of a mobilehome park or cessation of use of the land as a mobilehome park, the person or entity proposing the change in use shall file a report on the impact of the conversion, closure, or cessation of use of the mobilehome park. The report shall include a replacement and relocation plan that adequately mitigates the impact upon the ability of the displaced residents of the mobilehome park to be converted or closed to find adequate housing in a mobilehome park. | |
| 455 | - | ||
| 456 | - | ###### 65863.7. | |
| 457 | 446 | ||
| 458 | 447 | (B) (i) If the proposed closure, cessation, or change of use is related to damage or destruction by a disaster, as described in subdivision (k), the impact report described in subparagraph (A) shall also include an assessment by the Department of Housing and Community Development on the feasibility of reopening the park. | |
| 459 | 448 | ||
| 460 | 449 | (ii) For purposes of this subparagraph, management, as defined in Section 798.2 of the Civil Code, is the person or entity proposing the change in use for purposes of preparing the impact report required by this section and is required to take steps to mitigate the adverse impact of the change as may be required in subdivision (e). | |
| 461 | 450 | ||
| 462 | 451 | (2) (A) If a displaced resident cannot obtain adequate housing in another mobilehome park, the person or entity proposing the change of use shall pay to the displaced resident the in-place market value of the displaced residents mobilehome. | |
| 463 | 452 | ||
| 464 | 453 | (B) For the purposes of this paragraph, except as specified in subparagraph (B) of paragraph (1) of subdivision (e), in-place market value shall be determined by a state-certified appraiser with experience establishing the value of mobilehomes. The appraisal shall be based upon the current in-place location of the mobilehome and shall assume the continuation of the mobilehome park. | |
| 465 | 454 | ||
| 466 | 455 | (C) The person or entity proposing the change of use shall pay for an appraisal specified in subparagraph (B) and shall include the appraisal in the report specified in paragraph (1). | |
| 467 | 456 | ||
| 468 | 457 | (b) The person proposing the change in use shall provide a copy of the report to a resident of each mobilehome in the mobilehome park at least 60 days prior to the hearing, if any, on the impact report by the advisory agency, or if there is no advisory agency, by the legislative body. | |
| 469 | 458 | ||
| 470 | 459 | (c) When the impact report is filed prior to the closure or cessation of use, the person or entity proposing the change shall provide a copy of the report to a resident of each mobilehome in the mobilehome park at the same time as the notice of the change is provided to the residents pursuant to paragraph (2) of subdivision (g) of Section 798.56 of the Civil Code. | |
| 471 | 460 | ||
| 472 | 461 | (d) When the impact report is filed prior to the closure or cessation of use, the person or entity filing the report or park resident may request, and shall have a right to, a hearing before the legislative body on the sufficiency of the report. | |
| 473 | 462 | ||
| 474 | 463 | (e) (1) Before the approval of any change of use, the legislative body, or its delegated advisory agency, shall do all of the following: | |
| 475 | 464 | ||
| 476 | 465 | (A) Review the report and any additional relevant documentation. | |
| 477 | 466 | ||
| 478 | 467 | (B) Make a finding as to whether or not approval of the park closure and the parks conversion into its intended new use, taking into consideration both the impact report as a whole and the overall housing availability within the local jurisdiction, will result in or materially contribute to a shortage of housing opportunities and choices for low- and moderate-income households within the local jurisdiction. | |
| 479 | 468 | ||
| 480 | 469 | (2) The legislative body, or its delegated advisory agency, may require, as a condition of the change, the person or entity proposing the change in use to take steps to mitigate any adverse impact of the conversion, closure, or cessation of use on the ability of displaced mobilehome park residents to find adequate housing in a mobilehome park. | |
| 481 | 470 | ||
| 482 | 471 | (f) If the closure or cessation of use of a mobilehome park results from the entry of an order for relief in bankruptcy, the provisions of this section shall not be applicable. | |
| 483 | 472 | ||
| 484 | 473 | (g) The legislative body may establish reasonable fees pursuant to Section 66016 to cover any costs incurred by the local agency in implementing this section and Section 65863.8. Those fees shall be paid by the person or entity proposing the change in use. | |
| 485 | 474 | ||
| 486 | 475 | (h) This section is applicable to charter cities. | |
| 487 | 476 | ||
| 488 | 477 | (i) This section is applicable when the closure, cessation, or change of use is the result of a decision by a local governmental entity or planning agency not to renew a conditional use permit or zoning variance under which the mobilehome park has operated, or as a result of any other zoning or planning decision, action, or inaction. In this case, the local governmental agency is the person proposing the change in use for the purposes of preparing the impact report required by this section and is required to take steps to mitigate the adverse impact of the change as may be required in subdivision (e). | |
| 489 | 478 | ||
| 490 | 479 | (j) This section is applicable when the closure, cessation, or change of use is the result of a decision by an enforcement agency, as defined in Section 18207 of the Health and Safety Code, to suspend the permit to operate the mobilehome park. In this case, the mobilehome park owner is the person proposing the change in use for purposes of preparing the impact report required by this section and is required to take steps to mitigate the adverse impact of the change as may be required in subdivision (e). | |
| 491 | 480 | ||
| 492 | 481 | (k) This section is applicable when the closure, cessation, or change of use is the result of damage or destruction of the mobilehome park by a disaster as defined in Section 798.62 of the Civil Code. | |
| 493 | 482 | ||
| 494 | 483 | (l) This section establishes a minimum standard for local regulation of the conversion of a mobilehome park to another use, the closure of a mobilehome park, and the cessation of use of the land as a mobilehome park and shall not prevent a local agency from enacting more stringent measures. | |
| 495 | 484 | ||
| 496 | 485 | SEC. 10. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 497 | 486 | ||
| 498 | 487 | SEC. 10. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 499 | 488 | ||
| 500 | 489 | SEC. 10. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. | |
| 501 | 490 | ||
| 502 | 491 | ### SEC. 10. |