Category Archives: Legislation

Governor Executive Orders Address COVID-19 Crisis

Posted on by

Who would have ever thought that our State and our Country would issue stay at home mandates for non-essential workers? These are unusual times. As we reach out to mobile home park residents we are hopeful that you and your families are safe and well.

Many people have been laid off of their jobs or have had a reduction in income due to the COVID-19 virus. If your household has been impacted, there are a variety of programs being offered to help. Following are helpful information and resources.

Rent Payments

The Governor and some local jurisdictions have addressed the payment of rent. If your family has experienced a reduction in income due to the pandemic and are having difficulty paying rent it is important for you to contact the owner/management of your Park immediately. You need to advise them that you are unable to pay rent or can only pay a portion of your rent. You will also need to provide proof that the reason is due to COVID-19. The Park will then work with you to arrange a rent deferment so that you can pay the amount due once the pandemic crisis has passed and you are back to work.

Unemployment Checks

The California Employment Department (EDD) is processing claims for job loss or reduction of income due to COVID-19. The benefits may be accessed on line and are being processed quickly. For detailed information on benefits visit www.edd.ca.gov

Federal Government Stimulus Checks Are Being Delivered

The good news is that $1,200 checks are being deposited into the bank accounts of adults who earned up to $75,000 in adjusted gross income and who have a valid social security number. In addition, parents will also receive $500 for each child 16 years and younger. Most qualified people will have to do nothing in order to receive the check. The check will be deposited via direct deposit into accounts provided on tax returns filed this year or last.

Social security recipients who do not file a tax return will receive the check. However, others who do not file a tax return will need to file an abbreviated tax return to receive the payment. Detailed information can be found on the Internal Revenue Service (IRS) website: https://www.irs.gov/ coronavirus/economic-impact-payments.

All payments will be made based on income, with lower-income individuals receiving payment first.

MHP Residents Rental Agreement Options

Posted on by

Renting a site in a mobile home park is far different than renting an apartment, condo or single- family home. The State of California has adopted many laws that specifically apply to mobile home park tenancies and not to other types of rentals. Because of the different rules that apply in mobile home parks, the rental agreements and leases are longer and more comprehensive than the short few pages of a “standard” rental agreement for renting an apartment, condo or single-family home.

When a mobile home buyer makes the decision to move into a rental mobile home park, the process is more involved than just purchasing the mobile home. In fact, as a prospective mobile home park tenant they need to complete transactions that do not apply to other forms of rental housing. The purchaser of a mobile home that is located in a mobile home park must first apply to the mobile home park for residency and be approved. The mobile home purchaser may not finalize the purchase of the mobile home without first receiving the approval from the park owner to move into the park and completing and signing all of the park documents. Once this is done the sale of the mobile home may be finalized.

Included in the “move-in” documents to be signed by the prospective mobile home park resident are various disclosure forms, the parks rules and regulations, pet agreements and the rental agreement. In mobile home parks, the State law requires a park owner to offer the tenants a 12-month lease. The prospective tenant, or current resident, is responsible for picking between a month- to-month rental agreement or a one-year agreement. Additionally, many parks offer a third choice of a long-term lease agreement, which is defined as being longer than 12-months.

Typical long-term agreements are five, ten or fifteen years, but some extend to 20 years or longer. These long-term lease agreements outline in detail what the rent increases will be and under what circumstances rents may be increased. As an example, if government imposes tax increases or fees on the mobile home park, the lease will outline how those increases will be passed through to the residents. Often the lease will address the change in rent upon resale and will also address how disputes will be resolved.

A long-term lease provides certainty to mobile home owners regarding future costs. However, at any time if a mobile home owner wishes to sell their mobile home and move, they simply provide notice to the park owner.

Long term lease agreements are indeed complex legal. It is similar to other legal documents signed by business owners to lease land or a building or office space. Additionally, all legal documents must be written in English.

In this case, the mobile home owner is leasing or renting a site for the mobile home they own. Along with the site comes the various amenities offered within the mobile home park community including various facilities, as well as management and maintenance.

When considering signing a lease document — regardless of the term — it is important to review it very carefully and to fully under- stand the legal document. Park owners encourage park residents and prospective residents, who are considering long term leases, to have their legal advisor review the lease contract.

New Legislation Requiring “Know Your Rights” Insurance Disclosures

Posted on by

Recent wildfires cause the California State Legislature to look closely at how they might help mobile home owners in such disasters. Newly adopted Senate Bill 508 will ensure mobile home owners receive critical insurance information.

The bill goes into effect January 1, 2020 and will require insurers to provide timely disclosures and information to mobile home owners regarding their residential property insurance policies and their rights associated with their policy.

However, the most important thing is that every mobile home owner has an insurance policy for the cost of replacing their mobile home should it be destroyed by fire, earthquake or other disaster. “Replacement Cost” is NOT the price you paid for your mobile home. It is what it will cost to replace it with a new mobile home of the same size. This is critical and very important.

SB 508 will equip mobile home owners with critical information before the insurer issues or renews their insurance policies and provide them with the same information as other homeowners when it comes to knowing their rights under California law. For more information on this legislation visit: http://bit.ly/30gSaWG

Affordable Housing vs Low-Income Housing: What is the difference?

Posted on by

There is lots of talk these days about the need for more affordable housing in the Southern California region. It is important to recognize the difference between “low-income” housing and “affordable” housing.

Low-income housing is subsidized by the government. There are several projects throughout the region that are monitored by local government housing authorities. An on-line search or call to the regional housing authorities will provide a list of available low-income housing rental projects. Some projects are for veterans, seniors and others for all-ages. There are also low-income for-sale housing projects sponsored by housing authorities and by organizations like Habitat for Humanity.

In these low-income housing developments, renters or home buyers must meet strict income guidelines. Only low-income can qualify to live in these developments. The income is determined by the income of the entire family and includes funds in the bank and investments.

Affordable housing, on the other hand, is not limited to low-income renters or purchasers. There is no limit to the amount of income a person or family has. It is their choice to live in the available affordable housing. Apartments, condominiums, and mobile home parks/manufactured housing communities are considered affordable housing stock in the various individual jurisdictions housing elements. Continue reading →

Mobile Home Resident Law 2017

Posted on by

The new 2017 “Civil Codes” or the MRL, as the codes are often referred to, will go into effect January 1, 2017.  Copies will be distributed to park residents by the park management by February 1, 2017.  To get a digital copy of 2017 Mobilehome Residency Law please visit:
http://mobilehomes.senate.ca.gov/publications.

There were not too many changes this year, but it is always good to be familiar with the State laws that govern the community in which you live.

Questions about the Mobilehome Residency Law may be asked of the California Mobilehome Ombudsman at (800) 952-5275.

Mobile Home Resident FAQ’s

Posted on by

Q: Is the park required to provide a lease agreement in the language of the resident if the resident is non-English speaking?
A. Not in most cases.  Civil Code Sec. 1632 provides that a person engaged in a trade or business, who negotiates a contract or lease — including a rental agreement covering a dwelling, apartment or mobilehome — in Spanish, Chinese, Tagalog, Vietnamese, or Korean, shall provide the other party, if he or she requests it, with a written copy of the contract or agreement in that language prior to execution of the document.  However, this provision does not apply to contracts or agreements negotiated with the use of an interpreter, or to month-to-month rental agreements.  Additionally, most mobilehome parks do not “negotiate” their leases with homeowners or prospective homeowners, but rather offer the lease on a “take it or leave it” basis.

Q: Do the protections of the Mobilehome Residency Law (MRL) apply to all residents in mobilehome parks, or do they only apply to homeowners?
A. Many of the most important provisions of the MRL expressly apply to homeowners only, such as the terms and receipt of written leases (Civil Code §§798.15 and 798.18-798.19.5), amendment procedures for rules and regulations (Civil Code §798.25), fees and charges (Civil Code §§798.30-798.39.5), evictions (Civil Code §§798.55-798.56), and rental qualifications and procedures.  On the other hand, issues dealing with a “community” of persons often include “residents”, such as management entry into mobilehomes or park spaces (Civil Code §798.26), vehicle removal (Civil Code §798.26.5), communications and right to assemble (Civil Code §§798.50-798.52), and abatement of park nuisances, and injunctions for violating park rules (Civil Code §§798.87-798.88).

Q: I am a manager in a mobilehome park where an elderly resident is putting herself in danger.  When I call her family, they are unresponsive.  What do I do to make sure she and the other residents are safe from harm?
A. Contact your county’s Adult Protective Services program.  APS is a state-mandated program (Welfare & Institutions Code Sec. 15610.10) that provides evaluation and assistance for seniors (age 65 and older) and dependent adults (age 18-64 and physically or mentally impaired) who are reported to be unable to meet their own needs.  APS agencies investigate reports of alleged victims endangered by physical, sexual or financial abuse, isolation, neglect, or self-neglect.

Resource: California Department of Housing and Community Development (HCD) — http://mobilehomes.senate.ca.gov/publications

Management::Notice of Entry

Posted on by
Reply

Management entry notification, and allowable entry in mobile home parks is far different from apartments as a general rule. This is due to the fact that Mobile Homes and Mobile Home Parks are unique; the park resident owns their mobile home and rent the land the home sits on.Management must be careful to properly notify the resident (home owner) when a home or land entry is necessary.

*If you live in a park owned mobile home and are renting the entire home, the rules for entering your home are the same as those living in an apartment.

For the residents who are homeowners the MRL spells out exactly what management must do if they need to enter your home and your rights in refusing entry.

  • Ownership may enter the home with prior written consent of the resident.
  • Consent may be revoked by the resident IN WRITING at any time
  • Ownership/Management shall gain entry onto the land which the mobile home sits, with proper notice, for
    • Maintenance of utilities
    • Maintenance of Trees or Driveways
    • Or for general maintenance of the premises in accordance with the rules and regulations.
  • Ownership may enter the home WITH OUT prior written consent of the resident
    • In case of emergency
    • If the resident has abandoned the home

What is Vacancy Decontrol?

Posted on by
Reply

Vacancy decontrol is another term for allowing rent to change at the time of the turnover of the unit.   In other words when an apartment or mobile home has been rented at a specific rate or leased for a specific rate and the tenant or resident vacates the apartment or mobile home space, and a completely new tenant or park resident moves into the unit, the rent is only adjusted upon “turnover”.  This term is frequently used in areas where there is rent control and allows rents to be adjusted to “market rate” when a long term tenant or mobile home owner moves out.  In rent controlled jurisdictions, the new tenant receives the full benefit of the “stabilized” rent while they are occupying the unit, which is typically  below market rate.   The result of vacancy decontrol is a fully protected long term tenant and an owner of the property who is able realize a fair return on the unit once it is vacated.

Fair Housing: Definition of Disability

Posted on by
Reply

Mobile Home Park Owners are proud to be advocates of the Fair Housing Act, which provides protection to tenants against discrimination based on race, sex, religion, color, handicap (disability), familial status or national origin. Park Owners across California take great pride in following all of these statues.

What does fair housing define as a disability?

It is a physical or mental impairment, which substantially limits one or more major life activities. This includes: mental illness, AIDS, blindness, hearing impairment, mental retardation, and mobility impairment. Note that Transvestites are expressly excluded from the definition (According to the Fair Housing Authority) unless they experience one of the impairments listed above.

Fair Housing Frequently Asked Questions, Rental & Lease Agreements

Posted on by
Reply

Can my Landlord change the terms of a rental agreement?

Yes, with proper notice, usually 30-days but never less than 7-days. A landlord may change any of the terms of the agreement including: rent increase, increase of security deposit, add or remove services or amenities and termination of tenancy.

Can my Landlord change the terms of a lease?

Not typically. A lease is a contract for a fixed period of time. A change in terms would only be allowed if both the landlord and tenant agreed on the changes. Some leases contain a clause that allows a landlord to change the terms of the lease. If there is such a clause either party may change the terms by giving notice.

Once the lease expires, can the landlord change the terms?

 Yes, as long as the parties have not entered into a new lease. If the parties do not enter into a new agreement the old Lease becomes a month-to-month rental agreement, which can be altered with proper notice. (See question one)

What is a Lease Agreement?

 It is a binding contract giving both landlord and tenant specific rights for a fixed period of time. Neither party can terminate the lease without just cause. It is intended to protect the landlord by guaranteeing that the rent of the unit will be paid during the lease period. It protects the tenant by guaranteeing a set rent, which cannot be increased during the term of the agreement unless otherwise stated in the agreement.