| Last Version Text |
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<ns0:ActionText>APPROVED</ns0:ActionText>
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<ns0:ActionText>FILED</ns0:ActionText>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Member Michelle Rodriguez</ns0:AuthorText>
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<ns0:Legislator>
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<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Michelle Rodriguez</ns0:Name>
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<ns0:Title> An act to amend Section 798.14 of the Civil Code, relating to mobilehomes. </ns0:Title>
<ns0:RelatingClause>mobilehomes</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Mobilehome parks: notices to homeowners and residents.</ns0:Subject>
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<ns0:DigestText>
<html:p>Existing law, the Mobilehome Residency Law, governs the terms and conditions of residency in mobilehome parks and prescribes the content of a rental agreement for a tenancy. Existing law requires that a copy of the Mobilehome Residency Law be provided as an exhibit and incorporated into the rental agreement by reference, as specified. Existing law also requires that a copy of a specified notice containing the rights and responsibilities of homeowners and park managers be included in the rental agreement and requires management to provide a copy of the notice to all homeowners each year, as specified. Existing law requires these and other notices required by the Mobilehome Residency Law to be either personally delivered to the homeowner or sent by mail, as specified, to the homeowner, unless otherwise provided. Existing law allows all notices required by the Mobilehome Residency Law to
be delivered before February 1 of each year to be combined into one notice, as specified.</html:p>
<html:p>This bill would, instead, require notices required by the Mobilehome Residency Law to be delivered to both the homeowner and resident of the mobilehome. The bill would also authorize the notices required by the Mobilehome Residency Law to be delivered prior to February 1 of each year to be delivered by electronic mail if the homeowner or resident has provided affirmative, written consent, as defined. The bill would allow a homeowner or resident to revoke their consent to receive notices by electronic mail at any time, without any fee, charge, or penalty, and without any impact to the terms of their tenancy, as specified. The bill would require management to deliver personally or by
mail to the homeowner or resident a notice stating that the homeowner or resident has agreed to receive notices by electronic mail and may revoke this agreement, as provided.</html:p>
<html:p>This bill would make nonsubstantive changes reflective of existing law, as provided.</html:p>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
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<ns0:Num>SECTION 1.</ns0:Num>
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Section 798.14 of the
<ns0:DocName>Civil Code</ns0:DocName>
is amended to read:
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<ns0:Num>798.14.</ns0:Num>
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<html:p>
(a)
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For the purposes of this section, “affirmative, written consent” means express written consent obtained separately from, and not contained in, any lease or rental agreement and that is not a condition of the tenancy.
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<html:p>
(b)
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Unless otherwise provided, all notices required by this chapter shall be either delivered personally to the homeowner and resident, or deposited in the United States mail, postage prepaid, addressed to the homeowner and resident at their site within the mobilehome park.
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<html:p>
(c)
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All notices required by
subdivisions (c) and (i) of Section 798.15 and by Section 798.43.1 to be delivered prior to February 1 of each year may be combined in one notice that contains all the information required by the sections under which the notices are given, and may be delivered to the
homeowner and resident by electronic mail if the homeowner or resident has provided affirmative, written consent that clearly and conspicuously states that the homeowner or resident agrees to receive notices by electronic mail and includes the address to which the notices may be sent.
</html:p>
<html:p>
(d)
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A homeowner or resident’s affirmative, written consent to receive notices by electronic mail pursuant to subdivision (c) may be revoked by the homeowner or resident at any time, without any fee, charge, or penalty, and without any impact on the terms of the homeowner or resident’s tenancy. A
homeowner’s or resident’s revocation shall be honored so long as it is in writing and indicates the intention of the homeowner or resident to no longer receive notices by electronic mail.
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<html:p>
(e)
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(1)
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All management who obtains the affirmative, written consent of a homeowner or resident to receive notices by electronic mail pursuant to subdivision (c)
shall, within five days, deliver personally or by mail to each homeowner or resident who gives consent the following notice, in English and any language set forth in subdivision (b) of Section 1632 used as the primary language during the negotiation of the rental agreement, in a clear and conspicuous manner, in at least 10-point Arial equivalent type:
</html:p>
<html:p>“You have agreed to receive only electronic copies of notices that your mobilehome park management is required to send you by law. This means that you may not receive important notices on your door or in the mail. You may revoke this agreement, without any penalty or obligation, at any time. To revoke this agreement, send a written notice to your management that states that you no longer agree to receive electronic notices.”</html:p>
<html:p>
(2)
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The
notice described in paragraph (1) shall include the name and address of the entity to whom the homeowner or resident may deliver revocation of affirmative, written consent.
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| Last Version Text Digest |
Existing law, the Mobilehome Residency Law, governs the terms and conditions of residency in mobilehome parks and prescribes the content of a rental agreement for a tenancy. Existing law requires that a copy of the Mobilehome Residency Law be provided as an exhibit and incorporated into the rental agreement by reference, as specified. Existing law also requires that a copy of a specified notice containing the rights and responsibilities of homeowners and park managers be included in the rental agreement and requires management to provide a copy of the notice to all homeowners each year, as specified. Existing law requires these and other notices required by the Mobilehome Residency Law to be either personally delivered to the homeowner or sent by mail, as specified, to the homeowner, unless otherwise provided. Existing law allows all notices required by the Mobilehome Residency Law to be delivered before February 1 of each year to be combined into one notice, as specified. This bill would, instead, require notices required by the Mobilehome Residency Law to be delivered to both the homeowner and resident of the mobilehome. The bill would also authorize the notices required by the Mobilehome Residency Law to be delivered prior to February 1 of each year to be delivered by electronic mail if the homeowner or resident has provided affirmative, written consent, as defined. The bill would allow a homeowner or resident to revoke their consent to receive notices by electronic mail at any time, without any fee, charge, or penalty, and without any impact to the terms of their tenancy, as specified. The bill would require management to deliver personally or by mail to the homeowner or resident a notice stating that the homeowner or resident has agreed to receive notices by electronic mail and may revoke this agreement, as provided. |