(d) For purposes of this section, management shall be deemed to be notified of an alleged failure to maintain the physical improvements in the common facilities in good working order or condition or of an alleged reduction of services upon substantial compliance by the homeowner or homeowners with the provisions of subdivisions (b) and (c), or when management has been notified of the alleged failure to maintain or the alleged reduction of services by a state or local agency. 502; amended 1982 ch. If the prospective purchaser is approved by the management, but, for whatever reason, the prospective purchaser elects not to purchase the mobilehome, the management may retain the fee, or a portion thereof, to defray its administrative costs under this section. You will note that part of the law [Civil Code 798.15(c)] requires that a copy of the MRL be attached to your rental agreement. 340. ), and the Mobile Home Park Act Dispute Resolution And Enforcement Program, Title 38, Article 12, Part 11, C.R.S., pursuant to statutory authority and changes made through House Bill 19-1309 Creating the Mob. CIV 798.10. A lease is a rental agreement. Citation of Chapter 1031 and 1033; amended 1979 ch. 745.] 1031 and 1033; amended 1980 ch. 667, 1982 ch. Please be advised that the "Mobile Home Park Act", part 2 of article 12 of title 38, Colorado Revised Statutes, and the "Mobile Home Park Act Dispute Resolution and Enforcement Program" created in section 38-12-1104, Colorado Revised Statutes, may provide you with legal protection. 32; Renumbered to this location and amended per 2004 ch. CIV 799.67. (d) Failure of the homeowner or resident to comply with a reasonable rule or regulation of the park that is part of the rental agreement or any amendment thereto. Rental agreement is an agreement between the management and the homeowner establishing the terms and conditions of a park tenancy. Consent Required for Entry to Mobilehome CIV 798.58. View the list of the Number of Lots and Homes by Registered Parks. The management may terminate or refuse to renew the right of occupancy of a defaulting resident upon the giving of a written notice to the defaulting resident in the manner prescribed by Section 1162 of the Code of Civil Procedure to remove the recreational vehicle from the park. Recreational Vehicle Park or Park (e) A description of the physical improvements to be provided the homeowner during his or her tenancy. Purchaser May be Required to Comply With Adults Only Rule Abandoned Mobilehome [Added 1985 ch. [Formerly 799.8, added 1978 ch. Fees Not Base on Number of Immediate Family Eviction CIV 798.74. Landlords have rights and responsibilities under the law, too. 1374, 2002 ch.141.] (c) Resident-owned mobilehome park means any entity other than a subdivision, cooperative, or condominium for mobilehomes, through which the residents have an ownership interest in the mobilehome park. [Added 2004 ch. (b) A petition for an order enjoining a continuing or recurring violation of any reasonable rule or regulation of a mobilehome park may be filed by the management thereof with the superior court for the county in which the mobilehome park is located. (f) All written notices required by this section shall be sent to the other party by certified or registered mail with return receipt requested. What are the Licensing Requirements and how is this program funded? 519 and 1124, 1987 chs. (3) The legal owner, if any, or junior lienholder, if any, complies with the requirements of Article 7 (commencing with Section 798.70) as it relates to the transfer of the mobilehome to a third party. A notice by one homeowner shall be deemed to be sufficient notice of the specific allegation to the management of the park by all of the homeowners in the park. [Added 1992 ch. In addition to the monthly rent, you will be obligated to pay to the park the following additional fees and charges listed below. [Added 1978; repealed and repromulgated 1989 ch. 498, 1989 ch. [Added 1999 ch. 310.] 945 and 1185, 1980 ch. (b) An owner of a mobilehome park shall not be required to comply with subdivision (a) unless the following conditions are met: (e) Failure of the resident or a guest to comply with a rule or regulation of the park which is part of the rental agreement or any amendment thereto. (1) Any sale or other transfer by a park owner who is a natural person to any relation specified in Section 6401 or 6402 of the Probate Code. (c) In the event that an occupant of a mobilehome has no rights of tenancy and is not otherwise entitled to occupy the mobilehome pursuant to this chapter, the occupant is considered an unlawful occupant if, after a demand is made for the surrender of the mobilehome park site, for a period of five days, the occupant refuses to surrender the site to the mobilehome park management. 310.] All money collected pursuant to the program must be deposited in the fund. (c) The mobilehome is more than 17 years old, or more than 25 years old if manufactured after September 15, 1971, and is less than 20 feet wide, and the mobilehome does not comply with the construction and safety standards under Sections 18550, 18552, and 18605 of the Health and Safety Code and the regulations established thereunder, as determined following an inspection by the appropriate enforcement agency, as defined in Section 18207 of the Health and Safety Code. [Added 1992 ch. 85 and 388.] 302.] 301. The notice shall include CARE information available to master-meter customers from their serving utility, to include, at a minimum: (1) the fact that CARE offers a discount on monthly gas or electric bills for qualifying low-income residents; and (2) the telephone number of the serving utility which provides CARE information and applications. (b) With respect to trees in the common areas of a mobilehome park, park management shall be solely responsible for the trimming, pruning, or removal of any tree, and the costs thereof. [back to top]. Defaulting Tenant ], ARTICLE 7. 1397, 1983 ch. (4) The notice requirements for termination of tenancy set forth in Sections 798.56 and 798.57 shall be followed if the proposed change actually occurs. 333; amended 1996 ch. - For information on how to request low-cost legal help with your case, visit Legal and Rent Assistance Resources for Tenants. 310.] 1346, 1983 ch. (e) Notwithstanding any other provision of law, including, but not limited to, Section 18099.5 of the Health and Safety Code, if neither the legal owner nor a junior lienholder notifies the management of its decision pursuant to subdivision (a) within the period allowed, or performs as agreed within 30 days, or if a registered owner of a mobilehome, that is not encumbered by a lien held by a legal owner or a junior lienholder, fails to comply with a notice of termination and is either legally evicted or vacates the premises, the management may either remove the mobilehome from the premises and place it in storage or store it on its site. [Added 1988 ch. 310.] Sign up for our free summaries and get the latest delivered directly to you. In the case of a sale or transfer of a mobilehome that will remain in the park, the management of the park shall not require repairs or improvements to the park space or property owned by the management, except for damage caused by the actions or negligence of the homeowner or an agent of the homeowner. Ask questions on this subject. CIV 798.35. Registration of Mobile Home Parks - Process - Fees 38-12-1107. Singer, Rep. E. Sirota, Rep. M. Snyder, Rep. T. Sullivan, Rep. B. Titone, Rep. A. Valdez, Rep. M. Weissman, Rep. S. WoodrowSen. Request assistance in understanding process of filing a complaint. 302.] This chapter shall be known and may be cited as the Mobilehome Residency Law. [Added 1978 ch. (Note: This summary applies to this bill as enacted.). You may enter up to 10 photos by December 29, 2023, to be eligible to win. Deluxe Eviction Defense Kit 1031; amended 1979 ch. (f) This section does not apply under any of the following conditions: (b) Scope 198, 1983 ch. (4) Cure of a default of rent, utility charges, or reasonable incidental service charges by the legal owner, any junior lienholder, or the registered owner, if other than the homeowner, as provided by this subdivision, may not be exercised more than twice during a 12-month period. (b) The management shall prohibit neither the listing nor the sale of a manufactured home or mobilehome within the park by the homeowner, an heir, joint tenant, or personal representative of the estate who gains ownership of a manufactured home or mobilehome in the mobilehome park through the death of the owner of the manufactured home or mobilehome who was a homeowner at the time of his or her death, or the agent of any such person other than the management. [Added 1992 ch. 519.] We do not accept a request from individuals on behalf of other homeowners or from homeowners association board members on behalf of their membership. By signing a rental agreement or lease for a term of more than one year, you may be removing your rental space from a local rent control ordinance during the term, or any extension, of the lease if a local rent control ordinance is in effect for the area in which the space is located. Occupancy and Occupy 302.] The act provides protections for mobile home owners by: Granting counties and municipalities the power to enact certain ordinances for mobile home parks; Extending the time period between the notice of nonpayment of rent and the termination of any tenancy or other estate at will or lease in a mobile home park; and Extending the time a mobile ho. In any action arising out of the provisions of this chapter the prevailing party shall be entitled to reasonable attorneys fees and costs. CIV 798.16. 519.] Sign up for our free summaries and get the latest delivered directly to you. However, management may require the purchaser to document the amount and source of his or her gross monthly income or means of financial support. CDPHE must develop an action plan by March 1, 2026, to address water quality in mobile home parks. 502, 1982 ch. CIV 798.85. (a) The term of the tenancy and the rent therefor. [Added 1986 ch. [Added 1992 ch. 427, 2003 chs. [Added 1978 ch. (f) Nothing shall preclude a party to an action under this section from appearing through legal counsel or in propria persona. We urge you to read these documents before making the decision that you want to become a mobilehome park resident. (2) A homeowner shall be permitted to rent or sublet pursuant to paragraph (1) if a medical emergency or medical treatment requires the homeowner to be absent from his or her home and this is confirmed in writing by an attending physician. 493, 1980 ch. Homeowner is a person who has a tenancy in a mobilehome park under a rental agreement. (f) This section shall only apply to rental agreements entered into, renewed, or extended on or after January 1, 2001. (a) No lease agreement entered into, modified, or renewed on or after January 1, 2001, shall prohibit a homeowner from keeping at least one pet within the park, subject to reasonable rules and regulations of the park. CIV 799.23. They are contained in the Recreational Vehicle Occupancy Law, Civil Code 799.20 et seq. 329.] (7) The purchase of a mobilehome park by a governmental entity under its powers of eminent domain. (a)(1) Rental agreements meeting the criteria of subdivision (b) shall be exempt from any ordinance, rule, regulation, or initiative measure adopted by any local governmental entity which establishes a maximum amount that a landlord may charge a tenant for rent. 651-58, requires each federal district court to authorize by local rule the use of at least one ADR process in all civil actions. Definitions No rental agreement for a mobilehome shall contain a provision by which the homeowner waives his or her rights under the provisions of Articles 1 to 8, inclusive, of this chapter. The Alternative Dispute Resolution Act of 1998, 28 U.S.C. 1397.] 83, 2003 ch. Attorney Generals Office The act clarifies provisions relating to notices that the management of a mobile home park (management) is required to provide to a home owner in the mobile home park (home owner) when management intends to terminate the home owner's tenancy in the mobile home park (park). Do you want to receive updates from the Mobile Home Park Oversight Program, including information on upcoming public meetings and rulemaking hearings? 1031; amended 1981 ch. CIV 798.73. (a) Ownership or management means the ownership or management of a subdivision, cooperative, or condominium for mobilehomes, or of a resident-owned mobilehome park. CIV 798.19. (h) The report required pursuant to subdivisions (b) and (i) of Section 65863.7 of the Government Code shall be given to the homeowners or residents at the same time that notice is required pursuant to subdivision (g) of this section. 402.] YES! 61.] CIV 799.45. Action Based on Managements Failure to Maintain Physical Improvements in Common Facilities If you are a renter, mobile home owner, or property owner looking for rent or mortgage assistance, please visit the Division of HousingEviction and Foreclosure Prevention page. of 1031 as 798.5, renumbered 798.6, 1980 ch. ACTIONS, PROCEEDINGS, AND PENALTIES Notice of Funding Availability Community Development Block Grant CBDO Certification, [Click on text below to open a link or drop down menu, where applicable]. (2) The management may require approval of a prospective renter or sublessee, subject to the process and restrictions provided by subdivision (a) of Section 798.74 for prospective purchasers of mobilehomes. The former homeowner or any other owner may claim any or all of that unclaimed amount within one year from the date of payment to the county by making application to the county treasurer or other official designated by the county. The management may then remove or cause the removal of a defaulting occupants recreational vehicle parked on the premises of the park to the nearest secured storage facility. 864; amended 1981 ch. When a landlord intends to change the use of the land on which a park sits, and the change will result in eviction of the home owners, the amount of prior notice that the landlord is required to provide to the home owners is increased from 6 months to 12 months. CIV 798.8. 310. (1) The amount of any fee, assessment or other charge first imposed by a city, including a charter city, a county, a city and county, the state, or the federal government on or after January 1, 1995, upon the space rented by the homeowner. 232. Section 38-12-102. (a) The management may require the right of prior approval of a purchaser of a mobilehome that will remain in the park and that the selling homeowner or his or her agent give notice of the sale to the management before the close of the sale. (3) The Attorney General. (c) A civil action pursuant to this section may be brought by a park resident, the park management, or in the name of the people of the State of California, by any of the following: The ownership or management may require the right to prior approval of the purchaser of a mobilehome that will remain in the subdivision, cooperative, or condominium for mobilehomes, or resident-owned mobilehome park and that the selling resident, or his or her agent give notice of the sale to the ownership or management before the close of the sale. This notice shall provide not less than 60 days notice of termination of the right of occupancy and shall specify one of the following reasons for the termination of the right of occupancy: (d) When the management proposes an amendment to the parks rules and regulations mandated by a change in the law, including, but not limited to, a change in a statute, ordinance, or governmental regulation, the management may implement the amendment to the park rules and regulations, as to any homeowner, with the consent of that homeowner or without the homeowners consent upon written notice of not less than 60 days. (b) In the event that the defaulting occupant is incapable of removing the occupants recreational vehicle from the park because of a physical incapacity or because the recreational vehicle is not motorized and cannot be moved by the occupants vehicle, the default shall be cured within 72 hours, but the date to quit shall be no less than seven days after service of the notice. 310.] [Added 1978 ch. [Added 1978 ch. [Added 1978 ch. ], ARTICLE 6. In the event of a conflict between the provisions of this section and the provisions of Title 6 (commencing with Section 1350) of Part 4 of Division 2, relating to the size and display of political campaign signs, the provisions of this section shall prevail. (1) Except as provided by Section 798.83, the repair or improvement is to the mobilehome, its appurtenances, or an accessory structure that is not owned and installed by the management. [Added 1992 ch. A homeowner, an heir, joint tenant, or personal representative of the estate who gains ownership of a mobilehome in the mobilehome park through the death of the owner of the mobilehome who was a homeowner at the time of his or her death, or the agent of any such person, may advertise the sale or exchange of his or her mobilehome, or, if not prohibited by the terms of an agreement with the management, may advertise the rental of his or her mobilehome, by displaying a sign in the window of the mobilehome, or by a sign posted on the side of the mobilehome facing the street, or by a sign in front of the mobilehome facing the street, stating that the mobilehome is for sale or exchange or, if not prohibited, for rent by the owner of the mobilehome or his or her agent. Mobilehome Concerning updates to the laws governing mobile home parks. The Division cannot stop or grant a court-ordered eviction. Definitions Govern Construction Termination or Refusal to Renew for Other Than Nonpayment of Rent Delivery of the 72-hour notice to a defaulting occupant who is incapable of removing the occupants recreational vehicle from the park because of a physical incapacity shall not be sufficient to satisfy the requirements of this section. [Added 1978 ch. For answers to all of your mobilehome legal questions, contact Tatro & Lopez, LLP, in San Diego, by calling (858) 244-6584. [Added 1978 chs. [Added 1999 ch. [Added 1981 ch. (b) In the event the purchaser fails to execute the rental agreement, the purchaser shall not have any rights of tenancy. Persons Subject to Park Rules and Regulations [Added 1978 chs. Except as provided in subdivision (b) of Section 1866, as a prerequisite to the right of management to have a defaulting occupants recreational vehicle removed from the lot which is the subject of the registration agreement between the park and the occupant pursuant to Section 799.57, the management shall serve a 72-hour written notice as prescribed in Section 799.56. Management If the homeowner does not pay prior to the expiration of the three-day notice period, the homeowner shall remain liable for all payments due up until the time the tenancy is vacated. The sign shall state the name, address, and telephone number of the owner of the mobilehome or his or her agent and the sign face shall not exceed 24 inches in width and 36 inches in height. (2) The rental agreement shall be entered into between the management and a homeowner for the personal and actual residence of the homeowner. 310.] Rights Created by Chapter Cumulative In the event the resident does not pay prior to the expiration of the three-day notice period, the resident shall remain liable for all payments due up until the time the tenancy is vacated. Disclosure of Utility Usage for Common Areas If the court, by clear and convincing evidence, finds the existence of a continuing or recurring violation of a reasonable rule or regulation of the mobilehome park, the court shall issue an injunction prohibiting the violation. FEES AND CHARGES In no event shall additional security deposits be demanded of a homeowner following the initial occupancy. (B) Abandoned mobilehome shall include a mobilehome that is uninhabitable because of its total or partial destruction that cannot be rehabilitated, if the mobilehome also satisfies the requirements of paragraph (1). [Added 1983 ch. Restrictions on Management Conduct Relevant to Live-in Caretakers of Elderly Residents CIV 799.22. CIV 798.70. [Added 1992 ch. Prohibited Provision in Rental Agreements An offer to sell a park shall not be construed as an offer under this subdivision unless it is initiated by the park owner or agent. Limitation on Profit in Sale of Liquefied Natural Gas by Management to Tenants Notice to Prospective Homeowner Resident is a homeowner or other person who lawfully occupies a mobilehome. Mobile Home Park Resources Mobile Home Park Resources [Click on text below to open a link or drop down menu, where applicable] If you are a renter, mobile home owner, or property owner looking for rent or mortgage assistance, please visit the Division of Housing Eviction and Foreclosure Prevention page . If the rental agreement is not extended and no new rental agreement in excess of 12 months duration is entered into, then the last rental rate charged for the space under the previous rental agreement shall be the base rent for purposes of applicable provisions of law concerning rent regulation, if any. Refer House Bill 20-1196, as amended, to the Committee on Appropriations. CIV 798.59. [Added 1978 chs. Meetings may be held in the park community or recreation hall or clubhouse when the facility is not otherwise in use, and, with the consent of the homeowner, in any mobilehome within the park. CIV 799.78. A prospective homeowner shall be notified prior to the inception of the tenancy. Breaking a Lease - Late Fees No other fee or other exaction shall be imposed for a park space that is exempt under subdivision (a) for the purpose of defraying the cost of administration thereof. (a) The owner of the park, and any person employed by the park, shall be subject to, and comply with, all park rules and regulations, to the same extent as residents and their guests. Temporary Leave - General Tenant Rights (2) For purposes of this section: Waiver of Rights Under This Chapter 423, 2004 ch. 289.] (g) Change of use of the park or any portion thereof, provided: (c) If the homeowner has not paid the rent due within three days after notice to the homeowner, and if the first notice was not sent by certified or registered mail with return receipt requested, a copy of the notice shall again be sent to the legal owner, each junior lienholder, and the registered owner, if other than the homeowner, by certified or registered mail with return receipt requested within 10 days after notice to the homeowner. Please do not send original documents. 1034; amended 1982 chs. (2) However the tenancy may not be terminated for the reason specified in this subdivision if the person convicted of the offense has permanently vacated, and does not subsequently reoccupy, the mobilehome. Duration of Rental Agreements 1031; amended 1982 ch. 412.] Any homeowner or resident who is prevented by management from exercising the rights provided for in Section 798.51 may bring an action in a court of law to enjoin enforcement of any rule, regulation, or other policy which unreasonably deprives a homeowner or resident of those rights. (2) If a vehicle poses a significant danger to the health or safety of a park resident or guest, or if a homeowner or resident requests to have a vehicle removed from his or her driveway or designated parking space, the requirements of paragraph (1) do not apply, and management may remove the vehicle pursuant to Section 22658 of the Vehicle Code. Mobile Home Park Act - enforcement powers of local governments - added protections for mobile home owners - dispute resolution and enforcement program - powers of division of housing. Any rule or regulation of a mobilehome park that (a) is unilaterally adopted by the management, (b) is implemented without the consent of the homeowners, and (c) by its terms purports to deny homeowners their right to a trial by jury or which would mandate binding arbitration of any dispute between the management and homeowners shall be void and unenforceable. Change of use includes, but is not limited to, a change of the park or any portion thereof to a condominium, stock cooperative, planned unit development, or any form of ownership wherein spaces within the park are to be sold. Nothing in this section shall prevent management from additionally displaying the sign in other locations within the park. * Amendments passed in committee are not incorporated into the measure unless adopted by the full House or Senate. CIV 799.57. 421, 1994 ch. Removal of Motor Vehicles From Park The written 72-hour notice shall state that if the defaulting occupant does not remove the recreational vehicle from the premises of the park within 72 hours after receipt of the notice, the management has authority pursuant to Section 799.58 to have the recreational vehicle removed from the lot to the nearest secured storage facility. Guest means a person who is lawfully occupying a recreational vehicle located in a park but who is not an occupant, tenant, or resident. The ownership or management may require that a purchaser of a mobilehome that will remain in the subdivision, cooperative, or condominium for mobilehomes, or resident-owned mobilehome park comply with any rule or regulation limiting residency based on age requirements for housing for older persons, provided that the rule or regulation complies with the provisions of the federal Fair Housing Act, as amended by Public Law 104-76, and implementing regulations. CIV 798.86. (b) Notwithstanding subdivision (a), a state employer shall provide the occupant of a privately owned mobilehome that is situated in an employee housing area owned, operated, or maintained by the state, and that is occupied by a state employee by agreement with his or her state employer and subject to the terms and conditions of that state employment, with a minimum of 60-days notice prior to terminating the tenancy for any reason. (g) Any mobilehome park rule or regulation shall be in compliance with this section. CIV 799.10. Homeowners are covered by the MHLTA and eligible to participate in the dispute resolution program if they own a manufactured home or mobile home and rent a lot for that home in a community or park.