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<ns0:Id>20250AB__081398AMD</ns0:Id>
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<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2025-02-19</ns0:ActionDate>
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<ns0:ActionText>AMENDED_ASSEMBLY</ns0:ActionText>
<ns0:ActionDate>2025-04-28</ns0:ActionDate>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Member Solache</ns0:AuthorText>
<ns0:Authors>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Solache</ns0:Name>
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<ns0:Title> An act to amend Section 798.56 of the Civil Code, relating to mobilehome parks. </ns0:Title>
<ns0:RelatingClause>mobilehome parks</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Mobilehome parks: termination of tenancy.</ns0:Subject>
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<ns0:DigestText>
<html:p>The Mobilehome Residency Law governs the terms of conditions of residency in mobilehome parks and authorizes the management of a mobilehome park to terminate a tenancy for, among other reasons, conduct by the homeowner or resident upon the park premises that constitutes a substantial annoyance to other homeowners or residents.</html:p>
<html:p>This bill would instead authorize the management to terminate a tenancy for conduct by the homeowner or resident upon the park premises that constitutes a substantial annoyance to other homeowners, residents, park staff, park employees, or other individuals who have contracted with, or regularly provide services for, the park.</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 798.56 of the
<ns0:DocName>Civil Code</ns0:DocName>
, as amended by Section 2 of Chapter 395 of the Statutes of 2024, is amended to read:
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<html:p>A tenancy shall be terminated by the management only for one or more of the following reasons:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
Failure of the homeowner or resident to comply with a local ordinance or state law or regulation relating to mobilehomes within a reasonable time after the homeowner receives a notice of noncompliance from the appropriate governmental agency.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Conduct by the homeowner or resident, upon the park premises, that constitutes a substantial annoyance to other homeowners, residents, park staff,
park employees, or other individuals who have contracted with, or regularly provide services for, the park.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Conviction of the homeowner or resident for prostitution, for a violation of subdivision (d) of Section 243, paragraph (2) of subdivision (a), or subdivision (b), of Section 245, Section 288, or Section 451, of the Penal Code, or a felony controlled substance offense, if the act resulting in the conviction was committed anywhere on the premises of the mobilehome park, including, but not limited to, within the homeowner’s mobilehome.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>No act or omission of the homeowner or resident shall constitute a failure to comply with a reasonable rule or regulation unless and until the management has given the homeowner written notice of
the alleged rule or regulation violation and the homeowner or resident has failed to adhere to the rule or regulation within seven days. However, if a homeowner has been given a written notice of an alleged violation of the same rule or regulation on three or more occasions within a 12-month period after the homeowner or resident has violated that rule or regulation, no written notice shall be required for a subsequent violation of the same rule or regulation.</html:p>
<html:p>Nothing in this subdivision shall relieve the management from its obligation to demonstrate that a rule or regulation has in fact been violated.</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Nonpayment of rent, utility charges, or reasonable incidental service charges; provided that the amount due has been unpaid for a period of at least five
days from its due date, and provided that the homeowner shall be given a three-day written notice subsequent to that five-day period to pay the amount due or to vacate the tenancy. For purposes of this subdivision, the five-day period does not include the date the payment is due. The three-day written notice shall be given to the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure. A copy of this notice shall be sent to the persons or entities specified in subdivision (b) of Section 798.55 within 10 days after notice is delivered to the homeowner. If the homeowner cures the default, the notice need not be sent. The notice may be given at the same time as the 60 days’ notice required for termination of the tenancy. A three-day notice given pursuant to this subdivision shall contain the following provisions printed in at least 12-point boldface type at the top of the
notice, with the appropriate number written in the blank:
</html:p>
<html:p>“Warning: This notice is the (insert number) three-day notice for nonpayment of rent, utility charges, or other reasonable incidental services that has been served upon you in the last 12 months. Pursuant to Civil Code Section 798.56 (e) (5), if you have been given a three-day notice to either pay rent, utility charges, or other reasonable incidental services or to vacate your tenancy on three or more occasions within a 12-month period, management is not required to give you a further three-day period to pay rent or vacate the tenancy before your tenancy can be terminated.”</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Payment by the homeowner prior to the expiration of the three-day notice period shall cure a default under this subdivision. 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.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Payment by the legal owner, as defined in Section 18005.8 of the Health and Safety Code, any junior lienholder, as defined in Section 18005.3 of the Health and Safety Code, or the registered owner, as defined in Section 18009.5 of the Health and Safety Code, if other than the homeowner, on behalf of the homeowner
prior to the expiration of 30 calendar days following the mailing of the notice to the legal owner, each junior lienholder, and the registered owner provided in subdivision (b) of Section 798.55, shall cure a default under this subdivision with respect to that payment.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
If a homeowner has been given a three-day notice to pay the amount due or to vacate the tenancy on three or more occasions within the preceding 12-month period and each notice includes the provisions specified in
paragraph (1), no written three-day notice shall be required in the case of a subsequent nonpayment of rent, utility charges, or reasonable incidental service charges.
</html:p>
<html:p>In that event, the management shall give written notice to the homeowner in the manner prescribed by Section 1162 of the Code of Civil Procedure to remove the mobilehome from the park within a period of not less than 60 days, which period shall be specified in the notice. A copy of this notice shall be sent to the legal owner, each junior lienholder, and the registered owner of the mobilehome, if other than the homeowner, as specified in subdivision (b) of Section 798.55, by certified or registered mail, return receipt requested, within 10 days after notice is sent to the homeowner.</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
When a copy of the 60 days’ notice described in paragraph (5)
is sent to the legal owner, each junior lienholder, and the registered owner of the mobilehome, if other than the homeowner, the default may be cured by any of them on behalf of the homeowner prior to the expiration of 30 calendar days following the mailing of the notice, if all of the following conditions exist:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A copy of a three-day notice sent pursuant to subdivision (b) of Section 798.55 to a homeowner for the nonpayment of rent, utility charges, or reasonable incidental service charges was not sent to the legal owner, junior lienholder, or registered owner, of the mobilehome, if other than the homeowner, during the preceding 12-month period.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The legal owner, junior lienholder, or registered owner of the mobilehome, if other than the homeowner, has not previously cured
a default of the homeowner during the preceding 12-month period.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The legal owner, junior lienholder, or registered owner, if other than the homeowner, is not a financial institution or mobilehome dealer.
</html:p>
<html:p>If the default is cured by the legal owner, junior lienholder, or registered owner within the 30-day period, the notice to remove the mobilehome from the park described in paragraph (5) shall be rescinded.</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Condemnation of the park.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Change of use of the park or any portion thereof, provided:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The management gives the homeowners at least 60 days’ written notice that the management will be appearing
before a local governmental board, commission, or body to request permits for a change of use of the mobilehome park.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
After all required permits requesting a change of use have been approved by the local governmental board, commission, or body, the management shall give the homeowners six months’ or more written notice of termination of tenancy.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If the change of use requires no local governmental permits, then notice shall be given 12 months or more prior to the management’s determination that a change of use will occur. The management in the notice shall disclose and describe in detail the nature of the change of use.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The management gives each proposed homeowner written
notice thereof prior to the inception of the proposed homeowner’s tenancy that the management is requesting a change of use before local governmental bodies or that a change of use request has been granted.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
A notice of a proposed change of use given prior to January 1, 1980, that conforms to the requirements in effect at that time shall be valid. The requirements for a notice of a proposed change of use imposed by this subdivision shall be governed by the law in effect at the time the notice was given.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A tenancy shall not be terminated pursuant to subdivision (e) or (g), and a notice of termination based thereon shall not be issued pursuant to Section 798.55 unless the park has a valid permit to operate issued by the enforcement agency pursuant to Chapter 4 (commencing with Section 18500) of Part 2.1 of Division 13 of the Health and Safety Code.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
For purposes of this section, “financial institution” means a state or national bank, state or federal savings and loan association or credit union, or similar organization, and mobilehome dealer as defined in Section 18002.6 of the Health
and Safety Code or any other organization that, as part of its usual course of business, originates, owns, or provides loan servicing for loans secured by a mobilehome.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
This section shall become operative on February 1, 2025.
</html:p>
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