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Volume 32: Chapter 369 Mobileshomes and Mobilehome Parks Matthew Benders California Forms of Pleading & Practice

James Alan Bush InDesign Edition

PART I. 369.01

SCOPE Scope of Chapter

This chapter discusses the law in California regarding mobilehomes and mobilehome parks. Applicable federal laws are referred to but not discussed in detail. The chapter contains the following forms for use in administrative proceedings: A letter of complaint to the Department of Housing and Community Development that a mobilehome does not comply with applicable regulations [ 369.110]. A petition for hearing on any issue arising in enforcement of the Manufactured Housing Act of 1980 [Health & Safety Code 18000 et seq. (Deerings)] [ 369.130]. A request for a hearing on a proposal to abate a mobilehome as substandard [ 369.112]. A letter to an enforcement agency requesting a hearing on a proposal to suspend a mobilehome park operating permit [ 369.115]. This chapter also contains the following litigation forms: A complaint for damages by a mobilehome buyer against the dealer alleging breach of the statutory warranty against substantial defects [ 369.140]. A complaint for damages by a mobilehome buyer against a dealer or other seller based on improper escrow practices [ 369.141]. A notice of default under a security agreement that provides a security interest in a mobilehome [ 369.113]. A notice of belief of abandonment of a mobilehome for use by a secured creditor [ 369.114]. A petition for writ of mandate by a mobilehome park developer based on refusal of a local enforcement agency to grant an extension of a construction permit [ 369.131]. A petition and supporting declaration for a temporary restraining order and permanent injunction by mobilehome park management against a resident for violating a mobilehome park rule [ 369.132]. A notice of intention to commence an action for failure to maintain physical facilities or for reduction in services in a mobilehome park [ 369.116]. A complaint for a preliminary and permanent injunction and damages by a mobilehome park resident against the mobilehome park management for failure to maintain the common facilities of the park in good working order [ 369.142]. A complaint for restitution and injunction, in a class action, by a mobilehome park tenant against the management alleging unfair competition in violating the Mobilehome Residency Law ( Civ. Code 798 et seq.[Deerings]) [ 369.143]. This chapter does not cover the law regarding recreational vehicles as such. Standards and requirements for the construction and maintenance of special occupancy parks such as recreational vehicle parks are set forth in the Special Occupancy Park Act [Health & Safety Code 18860 et seq.[Deerings]; 25 Cal. Code Reg. 2000 et seq. (implementing regulations)]. The Legislature has found that because owners of recreational vehicles are highly mobile and use various facilities throughout the state, there is a need for consistent and uniform statewide regulations for special occupancy parks [Health & Safety Code 18863 (Deerings)]. Accordingly, the Legislature removed provisions addressing special occupancy parks from the Mobilehome Parks Act [Health & Safety Code 18200 et seq. (Deerings)]. Those amendments to the Mobilehome Parks Act and the adoption of the Special Occupancy Parks Act are operative on January 1, 2004 [see 2002 Stats., ch. 1038, 6]. The Special Occupancy Park Act imposes substantially similar requirements as the Mobilehome Parks Act. Tenancies in recreational vehicle parks are addressed in the Recreational Vehicle Park Occupancy Law [Civ. Code 799.20 et seq. (Deerings)].

This chapter also does not cover the law regarding factory-built housing, also called modular housing. Such housing units may sometimes be physically indistinguishable (except for lacking an undercarriage of axles and wheels) from mobilehomes; indeed, some manufacturers produce both products from the same factory, and units that are mounted on running gear become mobilehomes. The essential difference is that factorybuilt housing is designed for installation on a permanent foundation, not to be moved once installed; and the Legislatures recognition of this difference is manifest in the existence of separate laws [Health & Safety Code 18000 et seq.[Deerings] (Manufactured Housing Act of 1980), 18200 et seq.[Deerings] (Mobilehome Parks Law), 19960 et seq.[Deerings] (California Factory-Built Housing Law)] that are mutually exclusive [see Health & Safety Code 18008[Deerings], 18211[Deerings], 19971[Deerings]; see also 42 U.S.C. 5403(f) (excluding modular housing from coverage of National Mobile Home Construction and Safety Standards Act of 1974)]. 369.02 Cross References For discussion of, and forms for use in, actions and proceedings arising from administrative acts, see Ch. 358, Mandate and Prohibition, and Ch. 470, Overview of Public Administrative Law through Ch. 474C, Procedures in Reviewing Agency Decisions. For discussion of, and forms for use in, actions and proceedings arising from credit transactions, see Ch. 8, Accounts Stated and Open Accounts, Ch. 60, Assignments, Ch. 62, Attachment, Ch. 107, Cancellation of Instruments, Ch. 127, Consumer Contracts and Loans, Ch. 140, Contracts, Ch. 213, Documents of Title, Ch. 215, Duress, Menace, Fraud, Undue Influence, and Mistake, Ch. 270, Fraudulent Conveyances, Ch. 276, Garnishment, Ch. 307, Insolvency, Ch. 342, Liens and Wage Preferences, Ch. 361, Mechanics Liens, Ch. 385, Negotiable Instruments, Ch. 490, Rescission and Restitution, Ch. 500, Sales: Sales Under the Commercial Code, Ch. 555, Trust Deeds and Real Property Mortgages, and Ch. 568, Usury. For discussion of, and forms for use in, actions and proceedings arising from the exercise of civil rights, see Ch. 59, Assemblies, Meetings, and Demonstrations, Chs. 112- 117A, Civil Rights, Ch. 126, Conspiracy, and Ch. 184, Deeds, 184.60 et seq. For discussion of, and forms for use in, actions and proceedings arising from improvement of land, see Ch. 11, Adjoining Landowners, Ch. 56, Architects, Ch. 104, Building Contracts, and Ch. 361, Mechanics Liens. For discussion of, and forms for use in, actions and proceedings arising from interests in land, see Ch. 13, Adverse Possession, Ch. 183, Dedication, Ch. 184, Deeds, Ch. 240, Easements, Ch. 241, Ejectment, Ch. 247, Eminent Domain, Ch. 253, Escrows, Ch. 331, Landlord and Tenant: Creating the Tenancy, Ch. 333, Landlord and Tenant: Eviction Actions, Ch. 441, Probate: Disposition Without Administration, Ch. 482, Quieting Title, Ch. 528, Specific Performance, Ch. 530, Statute of Frauds, Ch. 540, Taxes and Assessments, Ch. 548, Title Insurance, and Ch. 569, Vendor and Purchaser. For discussion of, and forms for use in, actions and proceedings arising from liability to pay money, see Ch. 254, Executions and Enforcement of Judgments, Ch. 276, Garnishment, Ch. 300, Indemnity and Contribution, Ch. 307, Insolvency, Ch. 314, Interpleader, Ch. 427, Principal and Agent, Ch. 486, Receivers, Ch. 520, Settlement and Release, Ch. 536, Subrogation, and Ch. 538, Suretyship, Bonds, and Undertakings. For discussion of, and forms for use in, actions and proceedings arising from loss of injury to personal property, see Ch. 10, Act of God, Ch. 93, Bailments, Ch. 109, Carriers, Ch. 119, Claim and Delivery, Ch. 150, Conversion, Ch. 267, Fires, and Ch. 308, Insurance. For discussion of, and forms for use in, actions and proceedings arising from personal injury or wrongful death, see Ch. 10, Act of God, Ch. 23, Animals: Civil Liability, Ch. 58, Assault and Battery, Ch. 181, Death and Survival Actions, Ch. 334, Landlord and Tenant: Claims for Damages, Ch. 362, Mental Suffering and Emotional Distress, Ch. 380, Negligence, and Ch. 460, Products Liability. For discussion of, and forms for use in, actions and proceedings arising from sales of goods, see Ch. 14, Advertising, Ch. 77, Auctions and Auctioneers, Ch. 103, Brokers, Ch. 215, Duress, Menace, Fraud, Undue Influence, and Mistake, Ch. 253, Escrows, Ch. 490, Rescission and Restitution, Ch. 500, Sales: Sales Under the

Commercial Code, Ch. 530, Statute of Frauds, and Ch. 565, Unfair Competition. For discussion and forms relating to the termination of tenancies in mobilehome parks and recreational vehicle parks, see Ch. 332, Landlord and Tenant: The Tenancy. Unlawful detainer actions are covered in Ch. 333, Landlord and Tenant: Eviction Actions, and claims for damages in the landlord-tenant context are covered in Ch. 334, Landlord and Tenant: Claims for Damages. Rent control is discussed in Ch. 335, Landlord and Tenant: Rent Control. For discussion of, and forms for use in, actions and proceedings arising from the use of land, see Ch. 11, Adjoining Landowners, Ch. 101, Boundaries, Ch. 266, Fences, Ch. 332, Landlord and Tenant: The Tenancy, Ch. 391, Nuisance, Ch. 418, Pollution and Environmental Matters, Ch. 421, Premises Liability, Ch. 464, Public Entities and Officers: California Tort Claims Act, Ch. 525, Slip and Fall, Ch. 550, Trespass, and Ch. 579, Zoning and Planning. 369.03 369.04 369.05 369.06 369.07 369.08 369.09 [Reserved] [Reserved] [Reserved] [Reserved] [Reserved] [Reserved] [Reserved]

PART II. LEGAL BACKGROUND A. 369.10 Governing Laws, Definitions, and Actions and Proceedings Governing Laws Principal laws regarding mobilehomes and mobilehome parks include the following: The National Manufactured Home Construction and Safety Standards Act of 1974 [42 U.S.C. 5401 et seq.] and implementing regulations [24 C.F.R. Parts 3280, 3282]; The Manufactured Housing Act of 1980 [Health & Safety Code 18000 et seq. (Deerings)] and implementing regulations [25 Cal. Code Reg. 4000 et seq.]; The Mobilehome Parks Act [Health & Safety Code 18200 et seq. (Deerings)] and implementing regulations [25 Cal. Code Reg. 1000 et seq.]; The Mobilehome Residency Law [Civ. Code 798 et seq. (Deerings)]; and, Provisions regarding mobilehome warranties [Civ. Code 1797 et seq. (Deerings)]. 369.11 [1] [a] Definitions Common Usage Mobilehome Mobilehome has any of several meanings, depending on what law is being cited [see [b][h], below]. In common usage it means a trailer that is used as a permanent dwelling, is usually connected to utilities, and is designed without a permanent foundation [Websters (8th ed.) New Collegiate Dictionary (1977)]. [b] National Manufactured Home Construction and Safety Standards Act of 1974 In the National Manufactured Home Construction and Safety Standards Act of 1974 [42 U.S.C. 5401 et seq.] and implementing regulations [24 C.F.R. Parts 3280, 3282], mobilehome (spelled mobile home) means a structure, transportable in one or more sections, which is eight body feet or more in width and is 32 body feet or more in length, and which is built on a permanent chassis and designed to be used as a dwelling unit, with or without a permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein [42 U.S.C. 5402]. Dwelling unit means one or more habitable rooms that are designed to be occupied by one family with facilities for living, sleeping, cooking, and eating [24 C.F.R. 3280.2]. Mobilehome does not include a structure (commonly called a modular house) (1) designed only for erection or installation on a site-built permanent foundation; (2) designed not to be moved once so erected or installed; (3) designed and manufactured to comply with appropriate national, state, or local standards; (4) not intended, to the manufacturers knowledge, to be used other than on a site-built permanent foundation [see 42 U.S.C. 5403(h)]. [c] Manufactured Housing Act of 1980; Mobilehome Parks Act; Miscellaneous Laws The Mobilehome Parks Act [Health & Safety Code 18200 et seq. (Deerings)] and its implementing regulations [25 Cal. Code. Reg. 1000 et seq.] apply the definitions of manufactured housing and mobilehomes set forth in the Manufactured Housing Act [Health & Safety Code 18000 et seq. (Deerings)]. In 2007, the Legislature amended the Manufactured Housing Act to clarify the distinctions between mobilehomes and manufactured housing [see Health & Safety Code 18000(b)(4) (Deerings)] (changes to Act clarifying meaning of terms mobilehomes and manufactured homes not intended to effect any substantive change with respect to the treatment of those housing products or to the consumer protections provided for those housing products)]. The Legislature declared that all singlefamily factory-constructed housing built on or after June 15, 1976, that is in compliance with the standards of the United States Department of Housing and Urban Development promulgated under

the Federal National Manufactured Housing Construction and Safety Standards Act of 1974 [42 U.S.C. 5401 et seq.] is manufactured housing or manufactured homes, not mobilehomes [Health & Safety Code 18000(b) (Deerings)]. However, if any codified provision of state law, by its context, requires that the term mobilehome applies to mobilehomes or manufactured homes without regard to the date of construction, the codified provision will apply to both mobilehomes, as defined under Health & Safety Code 18008(a) [Deerings], and manufactured homes, as defined under Health & Safety Code 18007 [Deerings] [Health & Safety Code 18008(b) (Deerings)]. Under the Manufactured Housing Act, mobilehome means a structure that was constructed prior to June 15, 1976 [Health & Safety Code 18008 (Deerings)] and meets the requirements for a manufactured home set forth in Health & Safety Code 18007 [Deerings]. Mobilehome does not include a commercial modular [see Health & Safety Code 18001.8 (Deerings)], factory-built housing [see Health & Safety Code 19971 (Deerings)], a manufactured home [see Health & Safety Code 18007 (Deerings)], a multifamily manufactured home [see Health & Safety Code 18008.7 (Deerings)], or a recreational vehicle [see Health & Safety Code 18010 [Deerings]; Health & Safety Code 18008(a) (Deerings)]. Manufactured home means a structure that was constructed on or after June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or 40 body feet or more in length, in the traveling mode, or, when erected on site, is 320 or more square feet, is built on a permanent chassis and designed to be used as a single-family dwelling with or without a foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein [Health & Safety Code 18007 (Deerings)]. Manufactured home includes any structure that meets all of the requirements except the size requirements and with respect to which the manufacturer voluntarily files a certification and complies with the standards established under the National Manufactured Housing Construction and Safety Act of 1974 [Health & Safety Code 18007 [Deerings]; see [b], above]. For the most part, provisions of law applicable to manufactured homes also apply equally to multiunit manufactured homes [see Health & Safety Code 18008.7(c)[Deerings]; see also Health & Safety Code 18008.7(a) [Deerings] (multiunit manufactured home defined); Health & Safety Code 18008.7(d)(3) [Deerings] (multiunit manufactured housing has the same meaning as multifamily manufactured home)]. Recreational vehicle means a motorhome, travel trailer, truck camper, or camping trailer, with or without motive power, designed for human habitation for recreational or emergency occupancy, that meets designated criteria for size, chassis, and other characteristics [see Health & Safety Code 18010 [Deerings] (Manufactured Housing Act of 1980), 18285.5 (Mobilehome Parks Act)]. Recreational vehicle also means a park trailer, which is a trailer designed for human habitation for recreational or seasonal use only that meets designated criteria for size, chassis, and other characteristics [Health & Safety Code 18009.3 [Deerings], 18010 (Deerings)]. Standards and requirements for the construction and maintenance of special occupancy parks such as recreational vehicle parks are set forth in the Special Occupancy Park Act [Health & Safety Code 18860 et seq. [Deerings]; 25 Cal. Code Reg. 2000 et seq. (implementing regulations)]. A commercial coach or commercial modular means a structure transportable in one or more sections, designed and equipped for human occupancy for industrial, professional, or commercial purposes and includes a trailer coach [Health & Safety Code 18001.8 [Deerings], 18012.5 [Deerings], 18218 (Deerings)]. This also is the meaning of mobilehome in the following laws (and implementing regulations, if any): The Contractors State License Law, Bus. & Prof. Code 7000 et seq. [Deerings] [Bus. & Prof. Code 7027 (Deerings)]; Rev. & Tax. Code 5800-5842 [Deerings], concerning local property taxation of mobilehomes;

Rev. & Tax. Code 6012.8(b) [Deerings], 6012.9(b) [Deerings], and 6379 [Deerings], concerning sales and use taxes; and, Rev. & Tax. Code 10759.5 [Deerings] and 10785 [Deerings], concerning vehicle license fees. [d] Mobilehome Warranties Law In the mobilehome warranties law [Civ. Code 1797 et seq. (Deerings)], mobilehome and manufactured home are defined in accordance with Health & Safety Code 18007 [Deerings] and 18008 [Deerings], discussed in [c], above. [e] Mobilehome Residency Law In the Mobilehome Residency Law [Civ. Code 798 et seq. (Deerings)], mobilehome means a structure designed for human habitation and for being moved on a street or highway under a permit [Civ. Code 798.3 [Deerings]; see 369.40]. Mobilehome includes a manufactured home, as defined in Health & Safety Code 18007 [Deerings], and a mobilehome as defined in Health & Safety Code 18008 [Deerings]. Mobilehome generally does not include a recreational vehicle as defined in Health & Safety Code 18010 [Deerings] or a commercial coach as defined in Health & Safety Code 18218 [Deerings] [Civ. Code 798.3(a) (Deerings)]. Mobilehome does include any trailer or other recreational vehicle of any type defined in Health & Safety Code 18010 [Deerings] (except a motor home, truck camper, or camping trailer) that is used for human habitation, if the trailer or other recreational vehicle occupied a mobilehome site in a mobilehome park either (1) on November 15, 1992, under a rental agreement with a term of one month or longer, and before 1991 [Civ. Code 798.3(b)(1) (Deerings)], or (2) for nine or more months continuously beginning on or after November 15, 1992 [Civ. Code 798.3(b)(2) (Deerings)]. However, mobilehome does not include a trailer or other recreational vehicle located in a recreational vehicle park subject to the Recreational Vehicle Park Occupancy Law [Civ. Code 799.20 et seq. (Deerings)]. [f] Real Estate Law In Bus. & Prof. Code 10130 et seq.[Deerings] (real estate law), manufactured home means a structure as defined in Health & Safety Code 18007 [Deerings] and mobilehome means a structure as defined in Health & Safety Code 18008 [Deerings]. Manufactured home and mobilehome do not include recreational vehicles as defined in Health & Safety Code 18010 [Deerings], a commercial modular, as defined in Health & Safety Code 18001.8 [Deerings], or factory built housing as defined in Health & Safety Code 19971 [Deerings] [Bus. & Prof. Code 10131.6(c) (Deerings)]. [g] Vehicle Code As used in the Vehicle Code, a mobilehome is a structure as defined in Health & Safety Code 18008 [Deerings] [see 369.11[1][c]]. For the purposes of enforcing highway safety laws and regulations, a mobilehome is a trailer coach that is in excess of 102 inches in width, or in excess of 40 feet in overall length measured from the foremost point of the trailer hitch to the rear extremity of the trailer [Veh. Code 396 (Deerings)]. Trailer coach means a vehicle, other than a motor vehicle, designed for human habitation, or human occupancy for industrial, professional, or commercial purposes, for carrying property on its own structure, and for being drawn by a motor vehicle, and includes a park trailer [Veh. Code 635 (Deerings)]; vehicle means a device by which any person or property may be propelled, moved, or drawn on a highway, excepting a device moved exclusively by human power or used exclusively on stationary rails or tracks [Veh. Code 670 (Deerings)]; and motor vehicle means a vehicle that is self-propelled and that is not a self-propelled wheelchair, motorized tricycle, or motorized quadricycle operated by a person who, by reason of physical disability, is otherwise unable to move about as a pedestrian [Veh. Code 415 (Deerings)].

[h]

Veterans Farm and Home Purchase Act of 1943

In the Veterans Farm and Home Purchase Act of 1943 [Mil. & Vet. Code 985 et seq. (Deerings)], mobilehome means a parcel of real estate, or an undivided interest in common in a portion of a parcel of real estate, on which is situated a mobilehome that will, in the opinion of the Department of Veterans Affairs, suit the needs of the purchaser and his or her dependents as a place of abode and meet all requirements of local governmental jurisdictions [Mil. & Vet. Code 985(k) (Deerings)]. [2] Mobilehome Park [a] Mobilehome Parks Act In the Mobilehome Parks Act [Health & Safety Code 18200 et seq. (Deerings)] and implementing regulations [25 Cal. Code Reg. 1000 et seq.], mobilehome park means an area or tract of land where two or more mobilehome lots are rented or leased, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate manufactured homes, mobilehomes, or recreational vehicles used for human habitation [Health & Safety Code 18214(a) (Deerings)]. [b] Mobilehome Residency Law In the Mobilehome Residency Law [Civ. Code 798 et seq. (Deerings)], mobilehome park means an area of land where two or more mobilehome sites are rented, or held out for rent, to accommodate mobilehomes [see [1][e], above] used for human habitation [Civ. Code 798.4 (Deerings)]. [3] Mobilehome Accessory Building or Structure In the Mobilehome Parks Act [Health & Safety Code 18200 et seq. (Deerings)] and implementing regulations [25 Cal. Code Reg. 1000 et seq.], mobilehome accessory building or structure means any awning, cabana, ramada, storage cabinet, storage building, garage, carport, fence, windbreak or porch, or any residential building or structures established for the use of the occupant of a manufactured home, mobilehome, or recreational vehicle on a lot [Health & Safety Code 18213 [Deerings]; see 25 Cal. Code Reg. 1002 (definitions of awning, cabana, ramada, storage cabinet, storage building, garage, carport, fence, windbreak, and porch)]. [4] Enforcement Agency Enforcement agency is used in the Mobilehome Parks Act [Health & Safety Code 18200 et seq. (Deerings)] and implementing regulations [25 Cal. Code Reg. 1000 et seq.] to mean the following: Regarding mobilehomes [see [1], above] and mobilehome accessory buildings and structures located outside a mobilehome park [see [3], above], either the city or county having jurisdiction over the area where the mobilehome or accessory building or structure is located, or the Department of Housing and Community Development (DHCD) if the city or county fails to act [see Health & Safety Code 18207 [Deerings], 18300(d) [Deerings], (f) [Deerings]]; and, Regarding mobilehome parks and the mobilehomes, accessory buildings and structures, and other buildings and structures in mobilehome parks, either (1) the city or county where the mobilehome park is located, if it has assumed enforcement responsibility under Health & Safety Code 18300 [Deerings], or the DHCD if the city or county fails to act; or (2) the DHCD, if the city or county where the mobilehome park is located has not assumed or has canceled its assumption of enforcement responsibility [see Health & Safety Code 18207 [Deerings], 18300 [Deerings]]. The Department may delegate its enforcement authority to a local building department or health department of any city, county, or city and county, if (1) the delegation is necessary to provide prompt and effective recovery assistance or services during or immediately following a disaster declared by the Governor, (2) the local building or health department requests the authority and that request is approved by the governing body having jurisdiction over the local building or health department, and (3) the Department has determined that the local building department or health department possesses the knowledge and

expertise necessary to administer the delegated responsibilities [Health & Safety Code 18307(a) (Deerings)]. The delegation of authority may be limited to specific geographic areas or specific mobilehome parks or recreational vehicle parks at the Departments sole discretion [Health & Safety Code 18307(b) (Deerings)]. The delegation is limited to a time period to be established by the Department, not to exceed 60 days [Health & Safety Code 18307(b) (Deerings)]. [5] Legal Owner The term legal owner as used in the Manufactured Housing Act of 1980 [Health & Safety Code 18000 et seq. (Deerings)] means a person holding a security interest in a manufactured home, mobilehome, commercial coach, floating home, or truck camper perfected by filing the appropriate documents with the Department of Housing and Community Development in accordance with Health & Safety Code 18080.7 [Deerings] if the person is entitled to the designation, as provided in Health & Safety Code 18085-18093.5 [Deerings], relating to applications for original registration and title, or Health & Safety Code 18098-18106 [Deerings], relating to amendments, transfers, and transactions [Health & Safety Code 18005.8 (Deerings)]. A lien created under Health & Safety Code 18080.9 [Deerings] (lien of mobilehome park owner for unpaid rent) is not a security interest for purposes of the definition of legal owner [Health & Safety Code 18005.8 (Deerings)]. [6] Registered Owner The term registered owner as used in the Manufactured Housing Act of 1980 [Health & Safety Code 18000 et seq. (Deerings)] means a person registered by the Department of Housing and Community Development as the owner of a manufactured home, mobilehome, commercial coach, or truck camper [Health & Safety Code 18009.5 (Deerings)]. [7] Mobilehome Owner The term mobilehome owner or mobilehome owners as used in the Mobilehome Parks Act [Health & Safety Code 18200 et seq. (Deerings)] means the occupant of the manufactured home or mobilehome, or the registered owner of the manufactured home or mobilehome, if different from the occupant [Health & Safety Code 18400.4 (Deerings)]. 369.12 [1] Actions and Proceedings Availability of Actions, Generally

Using trailers as permanent residences instead of alternatives to hotels and motels did not begin to gain wide acceptance until the 1950s, when manufacturers started producing mobilehomes. The concept of a mobilehome was introduced in California law in 1961 when statutes governing trailer coaches and auto trailer camps were replaced with statutes governing mobilehomes and mobilehome parks [see 1955 Stats., ch. 91, 2; 1961 Stats., ch. 2176, 2]. The things that formerly were called trailers are now called recreational vehicles [see Health & Safety Code 18010 (Deerings)]. Many of the possible kinds of actions and proceedings involving mobilehomes and mobilehome parks are not fully represented in reported California cases. These include the following: Actions for damages for personal injury or wrongful death; Actions for damages and/or restitution based on breach of warranty; Actions for damages based on products liability; and Actions for abatement of nuisance, and administrative mandate proceedings for review of regulatory law enforcement by responsible agencies. This chapter contains a form of complaint for damages based on breach of the warranty prescribed by the mobilehome warranties law [Civ. Code 1797-1797.7 [Deerings]; see 369.140]. As for the other actions and proceedings mentioned, the fact that a mobilehome or mobilehome park is involved would not make the action or proceeding specially different from one involving any other item of

personal property or type of real property. Forms for general use illustrated in other chapters in this set [see 369.02] may be used. [2] Manufactured Home Recovery Fund The Manufactured Home Recovery Fund provides for reimbursement of the actual and direct loss of persons who purchased or sold a manufactured home and obtained a final judgment against a manufactured home manufacturer or dealer, or a salesperson or other seller or purchaser, or an administrative determination against a bankrupt person or entity on the grounds of failure to honor a warranty, fraud, willful misrepresentation, conversion, willful violation of any provision of the Manufactured Housing Act [Health & Safety Code 18000 et seq. (Deerings)], or regulations adopted pursuant to the Act, or the provisions governing mobilehome warranties set forth in Civ. Code 1797 et seq. [Deerings] [Health & Safety Code 18070.3(a) [Deerings], (b) (Deerings)]. The total claim may not exceed the unreimbursed actual loss, and the total payment relating to a single transaction may not exceed $75,000 [Health & Safety Code 18070.3(c) (Deerings)]. Before making a claim, the claimant must have diligently pursued collection efforts against all assets of the judgment debtor, established that he or she is judgment proof, or have provided evidence that the costs of collection are likely to be in excess of the amounts that could be collected. This evidence may include (1) a description of the searches and inquiries conducted by or on behalf of the claimant with regard to the judgment debtors assets liable to be sold or applied to the judgments satisfaction, (2) an itemized valuation of the assets discovered, and (3) the results of actions by the claimant to have assets applied to satisfy the judgment [Health & Safety Code 18070.3(d)(1) (Deerings)]. If the claim is not based on a final judgment, the claimant must present evidence that either (1) the licensee is or has been the subject of bankruptcy proceedings and has assigned to the department any interest in the actual and direct loss in the amount that the claimant recovers from the fund, or (2) the claim is consistent with the Act and the claimant had presented evidence that the debtor is judgment proof or that the costs of collection are likely to be in excess of the amounts that could be collected [Health & Safety Code 18070.3(d)(2) (Deerings)]. If the claim is based on a violation of a provision within a warranty [see Civ. Code 1797 et seq. (Deerings)], the claimant must provide evidence that he or she has been denied full compensation or correction under the warranty [Health & Safety Code 18070.3(d)(3) (Deerings)]. A claim based on a final judgment must be filed with the Department of Housing and Community Development within two years of the date of the judgment [Health & Safety Code 18070.3(e)(1) (Deerings)]. If the claim is not based on a final judgment, the claim must be filed within two years from the termination of bankruptcy proceedings or two years from the date of sale [see Health & Safety Code 18070.2(a) [Deerings] (determining sale date)], or within two years of discovery of the violations causing actual and direct losses pursuant to the Act, but no longer than five years after the date of sale, whichever event occurs later [Health & Safety Code 18070.3(e)(2) (Deerings)]. [3] Negligence Actions Laws governing mobilehomes and mobilehome parks [see 369.10] establish numerous standards and permit requirements for manufacturing, selling, renting, installing, using, and occupying mobilehomes, for locating, constructing, and operating mobilehome parks, and for locating, constructing, and using mobilehome accessory buildings and structures, and for moving large mobilehomes on streets and highways. These standards and permit requirements are significant in any case involving negligence, because the failure of a person to exercise due care is presumed if the following requirements are met [Evid. Code 669(a) (Deerings)]: The person violated a statute, ordinance, or regulation of a public entity; The violation proximately caused death or injury to person or property; The death or injury resulted from an occurrence the nature of which the statute, ordinance, or

regulation was designed to prevent; and, The person suffering the death or the injury to person or property was one of the class of persons for whose protection the statute, ordinance, or regulation was adopted. This presumption affects the burden of proof [Evid. Code 660 (Deerings)]. It is a rebuttable presumption [Evid. Code 601[Deerings]; see Evid. Code 669(b) [Deerings], discussed below]. The effect of the presumption is to impose on the party against whom it operates the person who violated the statute, ordinance, or regulation the burden of proof as to the nonexistence of the presumed fact (that is, the burden of proving no failure to exercise due care) [Evid. Code 606 (Deerings)]. The presumption of failure to exercise due care may be rebutted (that is, the burden of proving no failure to exercise due care insofar as the violation is concerned may be carried) by proof that the person violating the statute, ordinance, or regulation did what might reasonably be expected of a person of ordinary prudence, acting under similar circumstances, who desired to comply with the law [Evid. Code 669(b)(1) (Deerings)]. (There is also a prescribed method of rebuttal when the violator is a child that is, a minor which is not applicable here [see Evid. Code 669(b)(2) (Deerings)].) If the plaintiff proves the four facts listed in Evid. Code 669(a) [Deerings], above, the defendants negligence is established, as a matter of law, until and unless the defendant makes the proof required by Evid. Code 669(b)(1) [Deerings], above. If the defendant does make that proof, the effect is not exculpation of the defendant but restoration of the plaintiff s original burden to prove that the defendant was negligent. This must be done, if at all, in the usual way of persuading the trier of fact, on evidence, that the defendant departed from the reasonable person standard. Compliance with a prescribed standard is not a defense in a negligence action. The defendant may have complied with an applicable standard but still may have departed from the conduct of a reasonable person in the circumstances. Therefore, pleading compliance with a standard, in the form of an affirmative defense, would be ineffective and improper. Evidence of compliance is properly admissible in support of a denial of negligence (that is, to rebut the plaintiff s case-in-chief), since the trier of fact may consider to what extent compliance with an applicable standard is the measure of the conduct of a reasonable person in the circumstances. Accordingly, some statutes prescribing standards expressly state that compliance does not relieve a person from liability at common law or under statute (for negligence) [see, e.g., 42 U.S.C. 5401 et seq. (National Manufactured Home Construction and Safety Standards Act of 1974); 42 U.S.C. 5409(c); 15 U.S.C. 2051 et seq. (Consumer Product Safety Act of 1972); 15 U.S.C. 2074(a)]. For detailed coverage of negligence actions, including numerous complaints setting forth causes of action in negligence, see Ch. 380, Negligence. [4] Products Liability Actions The theory of products liability is that the distributor of a thing in the marketplace is liable (without any consideration of negligence or the conduct of a reasonable person in the circumstances) if the thing is dangerously defective that is, designed and/or made so as to be dangerous to human beings and the defect proximately causes injury or death. In a products liability action the principal issue is whether the thing in question was dangerously defective. If the thing is the subject of statutes or regulations prescribing standards of quality and workmanship, such as a mobilehome [see 369.20], those standards define conditions that are dangerously defective regarding aspects of the thing that are covered by the standard. For example, a mobilehome electrical wiring system that does not meet or exceed applicable standards [see 24 C.F.R. 3280.801-3280.816] will probably be considered dangerously defective if the condition of the system proximately causes injury or

death [see Frumer & Friedman, Products Liability, 16A[4][i] (Matthew Bender)]. For detailed coverage of products liability generally, see Ch. 460, Products Liability. [5] Breach of Warranty Actions [a] Types of Warranties Standards of quality and workmanship for mobilehomes prescribed by law [see 369.20] may define the scope of a warranty by the manufacturer or seller, other than express warranties made at the option of the manufacturer or seller. There are three types of warranties that may cover a mobilehome: The implied warranty of merchantability [see [b], below]; The implied warranty of fitness for purpose [see [c], below]; and, Certain statutory warranties [see [d], below]. [b] Implied Warranty of Merchantability Unless excluded or modified pursuant to Com. Code 2316 [Deerings], a warranty that the mobilehome is merchantable is implied in a contract of sale if the seller is a merchant with regard to mobilehomes [Com. Code 2314(1) (Deerings)]. The minimum tests of merchantability are listed in Com. Code 2314(2) [Deerings]. By inference from some of the tests listed pass without objection in the trade under the contract description and fit for the ordinary purposes for which such goods are used for instance as well as by deduction from the fact that nonconforming mobilehomes are legally unsaleable, it is clear that a mobilehome not meeting or exceeding prescribed standards is not merchantable. A manufacturer sells as a merchant [see Com. Code 2104(1) (Deerings)]; therefore, this warranty may exist in a sale by a manufacturer to a dealer. It also may exist in a sale by a dealer, whether the buyer is another dealer or a consumer. The warranty does not exist when the seller is not a merchant with regard to mobilehomes. [c] Implied Warranty of Fitness for Purpose When the seller at the time of contracting has reason to know any particular purpose for which the mobilehome is required and that the buyer is relying on the sellers skill or judgment to select or furnish a suitable mobilehome, there is unless excluded or modified under Com. Code 2316 [Deerings] an implied warranty that the mobilehome must be fit for such purpose [see Com. Code 2315 (Deerings)]. Fitness for the buyers purpose may be measured by reference to standards of quality and workmanship prescribed by law, in the same way that a dangerous defect may be discovered for purposes of products liability. That is, a mobilehome not meeting or exceeding prescribed standards is not lawfully saleable [see generally 369.30-369.34], and so is not fit for the purpose of a buyer who buys for resale (such as, a dealer). Also, a mobilehome not meeting or exceeding prescribed standards is not lawfully useable as a place of habitation [see 369.39], hence it is not fit for the purpose of a buyer who intends to live in it (such as, a consumer). [d] Statutory Warranty Manufacturers and dealers of mobilehomes [see 369.11[1][c]] are required by law to give buyers a one-year warranty that the mobilehome is free from any substantial defects in materials or workmanship [Civ. Code 1797.3(a) [Deerings]; see 369.33[4]]. There is no applicable special definition of substantial defects. Probably a mobilehome not meeting or exceeding prescribed standards would not conform to this warranty. On the other hand, since only minimum standards are prescribed, a mobilehome conforming to those standards is not necessarily free from substantial defects. In retail sales of mobilehomes that is, sales by dealers to individuals who buy primarily for personal, family, or household purposes, the foregoing warranties of merchantability and fitness for purpose arise under, and the buyers rights are governed by, the Song-Beverly Consumer Warranty Act [Civ. Code 1790-1795.7 (Deerings)]. The warranties under this Act are the same as those that arise under the Commercial Code [see Civ. Code 1791.1 [Deerings], 1792-1792.2 (Deerings)], although

the method of exclusion or modification is different [see Civ. Code 1792.4 (Deerings)], and the buyer has the same rights and remedies under the Act as under the Commercial Code [see Civ. Code 1791.1(d) [Deerings]; Com. Code 2601-2616 [Deerings] (breach, repudiation, and excuse), 2701-2725[Deerings] (remedies)]. In addition, a prevailing buyer is entitled to recover reasonable costs and attorneys fees and may recover a civil penalty equal to two times actual damages for willful breach of an express warranty [Civ. Code 1794(c) [Deerings] (penalty), (d) (costs and attorneys fees); see Troensegaard v. Silvercrest Industries, Inc. (1985) 175 Cal. App. 3d 218, 221, 226-228, 220 Cal. Rptr. 712 (plaintiff may not recover both civil penalty under Civ. Code 1794(c)[Deerings] and punitive damages under Civ. Code 3294[Deerings])]. Moreover, under the Song-Beverly Consumer Warranty Act the implied warranty of merchantability also goes from the manufacturer directly to the retail buyer notwithstanding intermediate sales from manufacturer to dealer and/or from wholesaler to retailer [see Civ. Code 1792 (Deerings)]. For discussions of, and forms for use in, actions based on breach of warranty under the Commercial Code and the Song-Beverly Consumer Warranty Act, see Ch. 500, Sales: Sales Under the Commercial Code. For a form of complaint for damages based on breach of the statutory warranty against substantial defects, see 369.140. It should be noted that motorhomes meeting the definition of a recreational vehicle are specifically excluded from coverage by the Manufactured Housing Act and the Mobilehome Parks Act [see Health & Safety Code 18008[Deerings], 18010[Deerings] (Manufactured Housing Act), 18211[Deerings], 18285.5 (Mobilehome Parks Act); see also 369.11[1][c]]. Nevertheless, the so-called Lemon Law relating to manufacturers obligations to conform new motor vehicles to express warranties [see Civ. Code 1793.22 (Deerings)] does apply to the chassis, chassis cab, and that portion of a motorhome devoted to its propulsion, but not to any portion designed, used, or maintained primarily for human habitation [Civ. Code 1793.22(e)(2)[Deerings]; see Civ. Code 1793.22(e)(3)[Deerings] (defining motorhome)]. The Lemon Law is discussed in Ch. 91, Automobiles: Actions Involving Defects and Repairs, and in Ch. 502, Sales: Warranties. [6] Attorneys Fees and Costs In any action arising out of the provisions of the Mobilehome Residency Law [Civ. Code 798 et seq. (Deerings)], the prevailing party is entitled to reasonable attorneys fees and costs. A party is a prevailing party in this context if the judgment is rendered in his or her favor or when the litigation is dismissed in his or her favor before or during the trial, unless the parties otherwise agree in the settlement or compromise [Civ. Code 798.85 (Deerings)]. Attorneys fees and costs are recoverable by a prevailing buyer in actions under the Song-Beverly Consumer Warranty Act [Civ. Code 1790 et seq.[Deerings]; see Civ. Code 1794(b) (Deerings)], and Health & Safety Code 18035(m)[Deerings] imposing an escrow requirement for dealer sales of mobilehomes [see 369.33[2]]. [7] Penalties and Assured Minimum Damages In the event a homeowner or former homeowner of a mobilehome park [see 369.11[2][b]] is the prevailing party in a civil action, including a small claims court action, against the owner of a mobilehome park to enforce his or her rights under the Mobilehome Residency Law [Civ. Code 798 et seq. (Deerings)], the homeowner, in addition to damages afforded by law, may, in the courts discretion, be awarded an amount not to exceed $2,000 for each willful violation by the management [Civ. Code 798.86(a) (Deerings)]. The term willful refers to intentional conduct undertaken with knowledge or consciousness of its probable results. For purposes of imposing a penalty under 798.86[Deerings], willful conduct does not require a purpose or specific intent to bring about a result, but does require more than negligence or accidental conduct [Patarak v. Williams (2001) 91 Cal. App. 4th 826, 830, 111 Cal. Rptr. 2d 381 (penalty properly imposed on finding that landlord willfully failed to maintain septic system with knowledge or consciousness that it would

probably fail with malodorous and unsanitary consequences)]. A prevailing homeowner may be awarded either the statutory penalty under Civ. Code 798.86[Deerings] or punitive damages under Civ. Code 3294[Deerings] [Civ. Code 798.86(b) (Deerings)]. Civ. Code 798.86 [Deerings] was amended by 2003 Stats., ch. 98 (AB 693) to effectively abrogate the holding in De Anza Santa Cruz Mobile Estates Homeowners Assn. v. De Anza Santa Cruz Mobile Estates (2001) 94 Cal. App. 4th 890, 114 Cal. Rptr. 2d 708 that punitive damages could not be recovered in addition to damages for willful violations under Civ. Code 798.86[Deerings]. A penalty payable to the injured party or assured minimum damages may also be recoverable in actions under the Consumers Legal Remedies Act [Civ. Code 1750 et seq.[Deerings]; see Civ. Code 1780(a)(1) [Deerings] (minimum total award of damages in class action as not to be less than $1,000)], the Song-Beverly Consumer Warranty Act [Civ. Code 1790 et seq.[Deerings]; see Civ. Code 1794 [Deerings] (civil penalty equal to two times actual damages, plus reasonable costs and attorneys fees, for willful violations)], and Health & Safety Code 18035(i)[Deerings] imposing an escrow requirement for dealer sales of mobilehomes [see 369.33[2]]. A civil penalty may be exacted for violation of 42 U.S.C. 5409 (part of the National Manufactured Home Construction and Safety Standards Act of 1974 [42 U.S.C. 5401 et seq.]) [Health & Safety Code 18021(a) (Deerings)] or for violation of the Mobilehome Parks Act [Health & Safety Code 18200 et seq.[Deerings]; Health & Safety Code 18700 (Deerings)]. [8] Notice of Intent to Commence Action Against Mobilehome Park No action based on the alleged failure of the management of a mobilehome park to maintain the physical improvements in the common facilities in good working order or condition, or alleged reduction in service, may be commenced by a homeowner unless the management has been given at least 30 days prior notice of the intention to commence the action [Civ. Code 798.84(a) (Deerings)]. The notice must be in writing, signed by the homeowner or homeowners making the allegations, and must notify the management of the basis of the claim, the specific allegations, and the remedies requested. A notice by one homeowner is deemed to be sufficient notice of the specific allegation to the management of the park by all of the homeowners in the park [Civ. Code 798.84(b) (Deerings)]. For a form on notice of intention to commence an action by homeowners, see 369.116. Management is deemed to be on notice of an alleged failure to maintain the physical improvements in the common facilities in good working order or condition or of an alleged reduction in services on substantial compliance by the homeowner or homeowners with the above provisions, or when management has been notified of the alleged failure to maintain or the alleged reduction in service by a state or local agency [Civ. Code 798.84(d) (Deerings)]. If the notice is served within 30 days of the expiration of the applicable statute of limitations, the time for the commencement of the action is extended 30 days from the service of the notice [Civ. Code 798.84(e) (Deerings)]. The notice provision does not apply to actions for personal injury or wrongful death [Civ. Code

798.84(f) (Deerings)]. 369.13 369.14 369.15 369.16 369.17 369.18 369.19 B. 369.20 [1] [Reserved] [Reserved] [Reserved] [Reserved] [Reserved] [Reserved] [Reserved] Manufacture of Mobilehomes Standards for Manufacturing Mobilehomes Prescribed Standards

The Legislature has directed the Department of Housing and Community Development to prescribe standards for materials and methods used in manufacturing mobilehomes [see 369.11[1][c]] for sale, rent, or lease in California, for the following purposes: To protect the health and safety of the occupants and the public [Health & Safety Code 18028 (Deerings)]; For the protection of life and property against fire in mobilehomes [Health & Safety Code 18029.5 (Deerings)]; and, To protect the health and safety of the people of California from dangers inherent in the use of substandard and unsafe plumbing, heat-producing, and electrical equipment and installations in mobilehomes [Health & Safety Code 18025 (Deerings)]. Moreover, the Legislature has mandated that all mobilehomes manufactured on or after September 22, 1976, must comply with the National Manufactured Home Construction and Safety Standards Act of 1974 [42 U.S.C. 5401 et seq.; see 1976 Stats., ch. 1194]. Accordingly, the Department has provided as follows [25 Cal. Code Reg. 4050]: Federal standards [see 24 C.F.R. Part 3280] relating to construction and fire safety apply to all mobilehomes manufactured on or after June 15, 1976, as well as to those bearing or required to bear a Department of Housing and Urban Development (HUD) label [see 369.21[7]]. Certain standards of the National Fire Protection Association and the American National Standards Institute relating to construction and fire safety apply to all mobilehomes manufactured between September 15, 1971, and June 14, 1976, and sold or offered for sale, rent, or lease in California. Federal standards relating to construction and fire safety are applicable to the alteration or conversion of any construction or fire safety equipment or installations in any mobilehome manufactured after September 15, 1971, bearing or required to bear a HUD insignia [see 369.21] or HUD label. Federal standards relating to construction and fire safety are applicable to any addition to a mobilehome manufactured after September 1, 1958, bearing or required to bear a HUD insignia or HUD label. Federal standards relating to plumbing, heating, cooling, fuel-burning, and electrical equipment and installations apply to any mobilehome manufactured after September 1, 1958, bearing or required to bear a HUD insignia or HUD label. Federal standards relating to plumbing, heating, cooling, fuel-burning, and electrical equipment and installations are applicable to the alteration, conversion, or addition of any such equipment or installations in

any mobilehome manufactured after September 1, 1958, bearing or required to bear a HUD insignia or HUD label. [2] Alternatives to Prescribed Standards Materials, appliances, installations, devices, arrangements, and methods of construction (manufacture) not specifically prescribed by the Manufactured Housing Act of 1980 [Health & Safety Code 18000 et seq. (Deerings)] and implementing regulations [25 Cal. Code Reg. 4000 et seq.] may be used if the Department of Housing and Community Development determines that they are equivalent in quality, strength, effectiveness, fire resistance, durability, safety, and protection of life and health to those which are prescribed [Health & Safety Code 18016(a)[Deerings], (b) (Deerings)]. [3] Enforcement Powers The Department of Housing and Community Development may conduct such inspections and investigations as may be necessary to secure enforcement of the provisions of the Manufactured Housing Act of 1980 [Health & Safety Code 18000 et seq. (Deerings)] and implementing regulations [25 Cal. Code Reg. 4000 et seq.]. For the purposes of enforcement, persons duly designated by the director of the Department, on presenting appropriate credentials to the owner, operator, or agent in charge, may (1) enter, at any reasonable time and without advance notice, any factory, warehouse, sales lot, or establishment in which mobilehomes are manufactured, stored, held for sale, sold, or offered for sale, rent, or lease, and (2) inspect, at any reasonable time and within reasonable limits and in a reasonable manner, any factory, warehouse, sales lot, or establishment, and may inspect such books, papers, records, and documents as are necessary to ensure compliance with the provisions of the mobilehomes law [Health & Safety Code 18025.5(d) (Deerings)]. Any officer, agent, or employee of the Department (1) is authorized to enter any premises where mobilehomes are manufactured, sold, or offered for sale, rent, or lease, (2) may examine any records, and (3) may inspect any mobilehomes, equipment, or installations to ensure compliance with the provisions of 25 Cal. Code Reg. 3100 et seq. and 24 C.F.R. Part 3280. When it becomes necessary to determine compliance, he or she may require that a portion or portions of the mobilehome be removed or exposed in order that an inspection or required tests be made [25 Cal. Code Reg. 4005]. [4] Complaint of Violation Any owner of a mobilehome bearing or required to bear a Department of Housing and Community Development insignia [see 369.21] or HUD label [see 369.21[7]] may file a written complaint with the Department setting forth the items that the owner believes do not comply with the (applicable) provisions of 25 Cal. Code Reg. 4000 et seq. [25 Cal. Code Reg. 4013.5]. The investigation of the complaint should be conducted with the aim of correcting the violations [see 369.110[2], [3]]. The provisions of 24 C.F.R. 3282.401 et seq. set forth an elaborate procedure to deal with consumers complaints about those mobilehomes which are subject to the provisions of federal law [see 369.21[6]]. 369.21 [1] Insignia of Approval General Requirement

The mobilehomes law provides that all mobilehomes [see 369.11[1][c]] which are sold, offered for sale, rented, or leased within this state must bear an insignia of approval issued by the Department of Housing and Community Development to indicate compliance with the regulations (prescribing standards) of the Commission of Housing and Community Development (prescribing standards), adopted pursuant to the Manufactured Housing Act of 1980, which were in effect on the date of manufacture of the mobilehome [Health & Safety Code 18026 (Deerings)]. This requirement does not, however, apply to mobilehomes manufactured on or after June 15, 1976, which bear HUD labels [see [7], below]. Violation is a misdemeanor [Health & Safety Code 18020.5(a) (Deerings)]. [2] Manufacture Before September 1, 1958 Mobilehomes manufactured in California before September 1, 1958, were not subject to any standards

prescribed by law. Regulations prescribing standards and for an insignia of approval were first required by 1957 Stats., ch. 2093, applicable to mobilehomes manufactured after July 1, 1958. This date was later changed to September 1, 1958 [1958 Stats., 1st Ex Sess, Ch. 89]. [3] Manufacture From September 1, 1958, to June 15, 1976 Any person selling, offering for sale, renting, or leasing any mobilehome manufactured between September 2, 1958, and June 15, 1976, must obtain an insignia of approval for the mobilehome from the Department of Housing and Community Development before selling, offering for sale, renting, or leasing the mobilehome [25 Cal. Code Reg. 4034.5(a); see [5][b], below]. [4] Manufacture After June 15, 1976 Mobilehomes manufactured on and after June 15, 1976, bearing HUD labels [see [7], below] are not required to bear Department insignia of approval [25 Cal. Code Reg. 4033(a)(4)]. [5] Inspection [a] Requests for Inspection Any person manufacturing, owning, selling, offering for sale, renting, leasing, altering, or converting any mobilehome may request that the Department of Housing and Community Development make an inspection of the mobilehome for approval pursuant to 25 Cal. Code Reg. 3100 et seq. [25 Cal. Code Reg. 4011(a); see 25 Cal. Code Reg. 4011(b)-(i) (procedure)]. Any person selling, offering for sale, renting, leasing, altering, or converting any mobilehome manufactured after September 1, 1958, must request an inspection by the Department in any of the following circumstances [25 Cal. Code Reg. 4010]: If the mobilehome does not bear a Department insignia or HUD label [see [7], below]; When the mobilehome bearing or required to bear a Department insignia or HUD label is to be altered or converted; or, When a notice requiring corrections [see [c], below] has been given and a reinspection is necessary to determine compliance. [b] Issuance of Insignia of Approval If, after a requested or required inspection under 25 Cal. Code Reg. 4010 or 4011 [see [a], above], the mobilehome inspected meets the requirements of 25 Cal. Code Reg. 4000 et seq. [see 25 Cal. Code Reg. 4050-4070 (mobilehomes)] and the applicant submits insignia fees pursuant to 25 Cal. Code Reg. 4044, an insignia of approval must be issued for the mobilehome [25 Cal. Code Reg. 4012]. [c] Notice of Violations When an inspection reveals that a mobilehome bearing or required to bear a Department insignia is in violation of any of the provisions of 25 Cal. Code Reg. 4000 et seq., the Department must serve on the owner, person responsible for violation, or his or her agents, a notice of violations setting forth in what regard the provisions of 25 Cal. Code Reg. 3000 et seq. have been violated. The Department may also post the mobilehome with a Prohibited Sales Notice. Violations must be corrected within 20 days or such other period of time as may be allowed by the Department, and an inspection must be requested by the person served with the notice of violations (pursuant to 25 Cal. Code Reg. 4010). Should the violations not be corrected within the allotted time, the Department must institute legal and/ or administrative actions as necessary to secure compliance and reappropriate the Departments insignia [25 Cal. Code Reg. 4013]. Any person served with a notice of violations must, within 20 days of receipt, notify the Department in writing of the action taken to correct the violations, and may file a request for a hearing pursuant to 25 Cal. Code Reg. 4045 [see 369.130]. No person served with a notice of violations may move or cause to be moved the mobilehome which is in violation until the Department has been furnished with

written notification of the mobilehomes destination and disposition. No person may remove or cause to be removed a Prohibited Sales Notice until authorized to do so by the Department [25 Cal. Code Reg. 4013]. [d] Removal for Violation In the event that a mobilehome bearing a Department insignia of approval is found in violation of 25 Cal. Code Reg. 3000 et seq. and a notice of violations has been served pursuant to 25 Cal. Code Reg. 4013 [see [c], above] or 25 Cal. Code Reg. 4013.5 [see 369.20[4]], the Department may remove the insignia. The Department may not issue a new insignia until the following requirements have been satisfied [25 Cal. Code Reg. 4036]: Corrections have been made; An inspection has been requested in accordance with 25 Cal. Code Reg. 4010 [see [a], above]; Inspection and insignia fees have been paid in accordance with 25 Cal. Code Reg. 4044; and The mobilehome has been inspected and found in compliance with applicable regulations. [6] Federal Standards Applicable After September 22, 1976 Manufacturers of mobilehomes as defined in the National Manufacturer Home Construction and Safety Standards Act of 1974 [42 U.S.C. 5401 et seq.; see 369.11[1][b]] are governed by the Act and implementing regulations [24 C.F.R. Parts 3280, 3282]. California manufacturers of mobilehomes as defined in the Mobilehomes-Manufactured Housing Act of 1980 [Health & Safety Code 18000 et seq.[Deerings]; see 369.11[1][c]], excluding mobilehomes within the federal definition, are governed by the state law and implementing regulations [25 Cal. Code Reg. 4000 et seq.]. Basically, state law regulates manufacturers of mobilehomes that are less than eight body feet wide or less than 32 body feet long but otherwise would be within the federal definition. State regulation is actually negligible, however. In 1976 the Legislature amended certain provisions of former Health & Safety Code 18055-18064[Deerings] [now see Health & Safety Code 18025-18032 (Deerings)] by adding the following sentence: All mobilehomes meaning such mobilehomes as would be subject to state regulation manufactured on or after [September 22, 1976,] the effective date of the amendments to this section enacted by the Statutes of 1976 shall comply with the National Manufacturer Home Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et seq.) [1976 Stats., ch. 1194]. The language shall comply with [the federal law] is a vague expression of legislative intent but means, at least, that mobilehomes subject to state regulation must be manufactured to meet or exceed federally prescribed standards [24 C.F.R. Part 3280]. Consequently, the Department of Housing and Community Development has repealed its regulations prescribing standards and now provides simply that federal standards apply [see 25 Cal. Code Reg. 4050-4070]. The Department of Housing and Community Development appears to adopt the view that the Legislatures intent, although not clearly stated, is to apply federal procedural and enforcement regulations to the manufacture of state-regulated mobilehomes, since the Department has adopted regulations applicable to manufacturers of mobilehomes subject to Title VI (24 C.F.R.) requirements (the phrasing varies slightly in some regulations). These regulations apply to mobilehomes subject to the National Mobile Home Construction and Safety Act of 1974, which was enacted as Title VI of the Housing and Community Development Act of 1974 [Public Law 93-383], and implementing regulations, which are published in Title 24 of the Code of Federal Regulations. In turn, these implementing regulations of the federal Act generally require compliance with federal procedural and enforcement regulations [24 C.F.R. Part 3282]. Therefore, it appears that California manufacturers of mobilehomes that do not fit the federal definition of mobilehome are nevertheless governed by the provisions of the federal law, made applicable by state statute

and regulations of the Department of Housing and Community Development. [7] HUD Label Manufacturers are required to affix labels to their mobilehomes certifying compliance with federally prescribed standards [24 C.F.R. 3282.205, 3282.362; 25 Cal. Code Reg. 4009(b), 4031(e), 4032(f), 4034.3]. The label is referred to in state regulations as a HUD label (because the federal Department of Housing and Urban Development is charged with enforcement of the federal law) or a Title VI (24 C.F.R.) label. A dealer may not lawfully sell a mobilehome that is required to bear, but does not bear, a HUD label [see 369.33]. HUD labels are supplied by enforcement agencies, including the state Department of Housing and Community Development. Manufacturers get small supplies of labels at intervals of two to four weeks. Labels may be withheld, and labels in the manufacturers hands may be confiscated, if the enforcement agency finds violations of federally prescribed standards in the manufacturing process [see 24 C.F.R. 3282.362]. Since obtaining labels for its mobilehomes is a vital part of a manufacturers business, the manufacturer must take immediate steps to reverse an agencys decision to withhold or confiscate labels as provided in federal procedural and enforcement regulations [see 24 C.F.R. 3282.151-3282.156; 25 Cal. Code Reg. 4046.7; see also 369.22]. [8] State Label A new mobilehome [see 369.11[1][c]] manufactured on or after January 1, 1977, which is required to be moved under a permit [see 369.40] and which is displayed for retail sale in California must bear a manufacturers label stating all of the following [Health & Safety Code 18032(a) (Deerings)]: The make, model, and serial or identification number of the mobilehome; The final assembly plant; The name and location of the dealer to whom the mobilehome was delivered; and, The manufacturers suggested retail price, showing the base price, the price of extra construction features and materials, and whether the price includes the towbar, wheels, wheel hubs, and axles. The retail purchaser may remove this label, but removal or alteration of it by a dealer is a misdemeanor [Health & Safety Code 18032(b) (Deerings)]. 369.22 [1] Administrative Proceedings Application of Procedural Regulations

Administrative proceedings involving manufacturers of mobilehomes and agencies participating in enforcement of standards are governed by 24 C.F.R. 3282.151-3282.156 [see 25 Cal. Code Reg. 4046.7]. Those procedural regulations apply in numerous specified situations [see 24 C.F.R. 3282.151], including the following: Whenever the Secretary of Housing and Urban Development contemplates injunctive action under 42 U.S.C. 5410(a); Whenever the secretary contemplates making an administrative determination of imminent safety hazard, serious defect, or noncompliance under 42 U.S.C. 5414(e); Whenever there is a question as to who should bear responsibility for correction under 42 U.S.C. 5414(g); When a manufacturer disagrees with a determination of a Design Approval Primary Inspection Agency (DAPIA) an enforcement agency; the state Department of Housing and Community Development is one of the DAPIAs operating in California under 24 C.F.R. 3282.361 that a mobilehome design does not conform to applicable standards or that a quality assurance manual (a

manufacturers plan for quality control, which must be approved) is not adequate; and, When a manufacturer disagrees with a decision of a Production Inspection Primary Inspection Agency (PIPIA) another enforcement agency; the state Department of Housing and Community Development is also an PIPIA in California to red tag a mobilehome, that is, to affix a notice that it contains an imminent safety hazard or otherwise does not conform to standards, or a decision not to provide HUD labels for mobilehomes under 24 C.F.R. 3282.362 [see 369.21[7]] when the PIPIA believes the mobilehome does not conform to standards [24 C.F.R. 3282.151(a), (b)]. [2] DAPIAs and PIPIAs in Addition to Department of Housing and Community Development in California

There may be DAPIAs and PIPIAs in addition to the Department of Housing and Community Development in California. When another California DAPIA determines that a mobilehome design does conform to applicable standards or a quality assurance manual is adequate, or when another California PIPIA decides not to red tag a mobilehome or decides to provide HUD labels because the PIPIA believes the mobilehome(s) in question do conform to applicable standards, the Department of Housing and Community Development in its capacity as the State Administrative Agency (SAA) under the federal law may take the opposite position and obtain resolution of the dispute pursuant to the procedures provided for in 24 C.F.R. 3282.151-3282.156 [24 C.F.R. 3282.151(b)]. Those procedural regulations also apply to hearings held by the Department of Housing and Community Development in its capacity as the California SAA [24 C.F.R. 3282.151(e)]. 369.23 369.24 369.25 369.26 369.27 369.28 369.29 C. 369.30 [Reserved] [Reserved] [Reserved] [Reserved] [Reserved] [Reserved] [Reserved] Sale, Installation, and Use of Mobilehomes Mobilehomes Considered Goods for Purposes of Sale

Mobilehomes that are not affixed to land so as to become real property [see 369.42[1]] are goods the sale of which would be governed by Division 2 (Sales) of the Commercial Code [Com. Code 2101 et seq. [Deerings]; see Com. Code 2105[Deerings] (definition of goods)]. In sales that qualify as consumer transactions (purchase by an individual primarily for personal, family, or household purposes), such mobilehomes are also consumer goods subject to the Song-Beverly Consumer Warranty Act [Civ. Code 1790 et seq.[Deerings]; see Civ. Code 1791[Deerings] (definition of consumer goods); see also Civ. Code 1795.5[Deerings] (applicability of Act to sales of used goods)]. However, the basic regulation of mobilehome sales by dealers [see Health & Safety Code 18002.6[Deerings] (definition)] is set forth in Health & Safety Code 18035-18039.5[Deerings] and is discussed in 369.33. The disclosure requirements applicable to the sale of residential real property also apply to the resale on or after January 1, 2000, of a manufactured home or a mobilehome, which manufactured home or mobilehome is classified as personal property intended for use as a residence [Civ. Code 1102(b)[Deerings]; see 369.42].

369.31 [1]

Sales in Mobilehome Parks

Signs Displaying Sale

A mobilehome park [see 369.11[2]] homeowner, heir, joint tenant, or personal representative of the estate who gains ownership of a mobilehome through the death of the owner of the mobilehome who was a homeowner at the time of his or her death may advertise the sale or exchange of his or her mobilehome [see 369.11[1][e]] by displaying a sign in the window of the mobilehome, 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. The homeowner may also display a sign indicating that the mobilehome is on display for an open house, unless the park rules prohibit this type of display. The sign must state the name, address, and telephone number of the mobilehomes owner, or his or her agent, and the sign face may not exceed 24 inches in width and 36 inches in height [Civ. Code 798.70 (Deerings)]. Signs posted in front of a mobilehome may be of H-frame or A-frame design with the sign face perpendicular to, but not extending into, the street. Homeowners may attach to the sign or their mobilehome tubes or holders for leaflets that provide information on the mobilehome for sale or exchange [Civ. Code 798.70 (Deerings)]. [2] Management Must Obtain Owners Authorization to Show Mobilehome The mobilehome park management must not show or list for sale a mobilehome without first obtaining the owners written authorization. The authorization must specify the terms and conditions regarding the showing or listing [Civ. Code 798.71(a) (Deerings)]. Management may also require that the homeowner advise management in writing that his or her mobilehome is for sale. However, failure to comply with this requirement does not invalidate a transfer [Civ. Code 798.71(a)(2) (Deerings)]. Management means the owner of the mobilehome park or an agent or representative authorized to act on the owners behalf in connection with matters relating to a tenancy in the park [Civ. Code 798.2 (Deerings)]. [3] Management Restricted from Charging Fees The management may not charge a homeowner, an heir, joint tenant, or personal representative of the estate who gains ownership of a mobilehome through the death of an owner who owned the mobilehome at the time of his or her death, or the agent of any of them, a transfer or selling fee as a condition of a sale of his or her mobilehome in the park unless the management performs a service in the sale. The management may not perform any such service in connection with the sale unless so requested, in writing, by the homeowner or his or her agent [Civ. Code 798.72(a)[Deerings]; see People v. Mel Mack Co. (1975) 53 Cal. App. 3d 621, 126 Cal. Rptr. 505 (fact situation and construction of prior law leading to enactment of this section)]. Similarly, management may not charge a prospective homeowner or agent a fee as a condition of approval for residency in a park unless management performs a specific service for the sale. Management also may not impose a fee, other than for a credit check, for an interview of a prospective homeowner [Civ. Code 798.72(b) (Deerings)]. A rent increase imposed on new tenants at the time of the sale or transfer of a mobilehome (excluding any transfer to a transferors spouse, children, or parents) is not a prohibited fee within the meaning of Civ. Code 798.72[Deerings] nor within the restrictive scope of the Mel Mack case cited above [Vance v. Villa Park Mobilehome Estates (1995) 36 Cal. App. 4th 698, 707, 42 Cal. Rptr. 2d 723]. A local rent control ordinance may, however, prohibit rent increases at the termination of a tenancy [see Carson Harbor Village Ltd. v. City of Carson (9th Cir. 1994) 37 F.3d 468, 472-473]. [4] Managements Rights in Event of Sale, Including Requiring Removal of Mobilehome The management may not require the removal of a mobilehome from the park in the event of its sale to a third party during the term of the homeowners rental agreement or in the 60 days following the notice of termination of tenancy required by Civ. Code 798.55(b)(1)[Deerings] [Civ. Code 798.73[Deerings]; for discussion of the notice required by Civ. Code 798.55(b)[Deerings], see 369.73[1]]. However, in the event of a sale to a third party, to upgrade the quality of the park, the management may require that the mobilehome

be removed from the park in the following circumstances [Civ. Code 798.73(a)-(d) (Deerings)]: When it is not a mobilehome within the meaning of Civ. Code 798.3[Deerings]; When the mobilehome is more than 20 years old, or more than 25 years old if manufactured after September 15, 1971, and is 20 feet wide or more and the mobilehome does not comply with the health and safety standards provided in Health & Safety Code 18550[Deerings], 18552[Deerings], and 18605[Deerings] and the regulations established thereunder; When 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 health and safety standards provided in Health & Safety Code 18550[Deerings], 18552[Deerings], and 18605[Deerings] and the regulations established thereunder; or, When the mobilehome is in a significantly rundown condition or in disrepair, as determined by its general condition and its acceptability to the health and safety of the occupants and to the public, exclusive of its age. Management may not require the removal of a mobilehome unless it has provided notice to the homeowner specifying the condition that permits removal [Civ. Code 798.73(e) (Deerings)]. Management must use reasonable discretion in determining the general condition of the mobilehome and its accessory structures, and it also bears the burden of demonstrating that the mobilehome is in a significantly rundown condition or in disrepair. Management may not require repairs and improvements to the park space or property owned by the management, except for damage caused by the actions or negligence of the homeowner or the homeowners agent [Civ. Code 798.73(d) (Deerings)]. In the case of a sale or transfer of a mobilehome that will remain in the park, the park management may 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 the homeowners agent [Civ. Code 798.83 (Deerings)]. In addition, the park management may require repairs or improvements to the mobilehome, its appurtenances, or an accessory structure that is not owned and installed by the management, if the repair or improvement is based on or is required by a local ordinance or state statute or regulation relating to mobilehomes, or a rule or regulation of the mobilehome park that implements or enforces a local ordinance, state statute, or regulation relating to mobilehomes, and the repair or improvement relates to the exterior of the mobilehome, its appurtenances, or accessory structure not owned and installed by the management [Civ. Code 798.73.5(a) (Deerings)]. The management must provide a homeowner with a written summary of required repairs and improvements no later than 10 business days following receipt of a request for this information made by the homeowner as part of the 60-day notice of termination of tenancy pursuant to Civ. Code 798.59[Deerings] [Civ. Code 798.73.5(b) (Deerings)]. The summary must include specific references to the park rules and regulations, local ordinances, or state statutes and regulations relating to mobilehomes on which the request for repair or improvement is based [Civ. Code 798.73.5(b) (Deerings)]. The management may require the right of prior approval of a purchaser of 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. Approval may not be withheld if the purchaser has the financial ability to pay the rent and charges of the park unless the management reasonably determines that, based on the purchasers prior tenancies, he or she will not comply with the rules and regulations of the park [Civ. Code 798.74(a) (Deerings)]. In determining whether a purchaser has the financial ability to pay the rent and charges of the park, the management may not require the purchaser to submit copies of personal income tax returns to obtain approval for the residency in the park. Management may require, however, the purchaser to document the amount and source of his or her gross monthly income or means of financial support [Civ. Code 798.74(a) (Deerings)]. Rental agreements entered into or renewed on and after January 1, 2006, may not include a clause, rule,

regulation, or any other provision that grants management the right of first refusal to purchase a homeowners mobilehome that is in the park and offered for sale to a third party [Civ. Code 798.19.5 (Deerings)]. However, this does not preclude a separate agreement for separate consideration granting the park owner or management a right of first refusal to purchase the homeowners mobilehome [Civ. Code 798.19.5 (Deerings)]. [5] Managements Obligations in Event of Sale On request of any prospective homeowner who proposes to purchase a mobilehome that will remain in the park, management must inform that person of the information management will require in order to determine if the person will be acceptable as a homeowner in the park. Within 15 business days of receiving all of the information requested from the prospective homeowner, the management must notify the seller and the prospective homeowner, in writing, of either acceptance or rejection of the application and the reason if rejected. During the 15-day period, the prospective homeowner must comply with any request by the management for a personal interview [Civ. Code 798.74(a) (Deerings)]. If the approval of a purchaser is withheld for any reason other than those stated above, the management or owner may be held liable for all damages proximately resulting therefrom [Civ. Code 798.74(a) (Deerings)]. Within two business days of receiving a request from a prospective homeowner for an application for residency for a specific space within a mobilehome park, if the management has been advised that the mobilehome occupying that space is for sale, the management must give the prospective homeowner a separate document in at least 12-point type entitled INFORMATION FOR PROSPECTIVE HOMEOWNERS that includes specified statements concerning home ownership in a mobilehome park [Civ. Code 798.74.5(a) (Deerings)]. On request of the prospective homeowner, management must also provide a copy of park rules and regulations and a copy of the Mobilehome Residency Law [Civ. Code 798.74.5(b) (Deerings)]. For a form setting forth the statutorily required information for prospective homeowners, see California Legal Forms, Ch. 39, Mobilehome Parks (Matthew Bender). If the management collects a fee or charge from a prospective purchaser of a mobilehome to obtain a financial report or credit rating, the full amount of the fee or charge must be credited toward payment of the first months rent for that mobilehome purchaser. If, for whatever reason, the prospective purchaser is rejected by the management, the management must refund to the prospective purchaser the full amount of that fee or charge within 30 days from the date of rejection. 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 [Civ. Code 798.74(b) (Deerings)]. [6] Management May Not Prohibit or Require Certain Acts The management may not prohibit the listing or the sale of a mobilehome or a manufactured home within the park by the homeowner, an heir, joint tenant, or personal representative of the estate who gains ownership of a mobilehome through the death of the owner who owned the mobilehome at the time of his or her death, or an agent of any of those persons other than the management [Civ. Code 798.71(b) (Deerings)]. The management also may not require the homeowner, an heir, joint tenant, or personal representative of the estate who gains ownership of a mobilehome through the death of the owner to authorize management or any other specified broker, dealer, or person to act as agent for sale as a condition of managements approval of the buyer or prospective homeowner for residency [Civ. Code 798.71(c)[Deerings], 798.81 (Deerings)]. Management may not require a homeowner who is replacing a mobilehome or manufactured home on a space in the park in which he or she resides to use a specific broker, dealer, or other person as an agent in the purchase of or installation of the replacement home [Civ. Code 798.71(d) (Deerings)]. [7] Purchasers Rights of Tenancy and Unlawful Occupancies An escrow, sale, or transfer agreement involving a mobilehome located in a park at the time of the sale must contain a copy of either a fully executed rental agreement or a statement signed by the parks management and the prospective homeowner that the parties have agreed to the terms and conditions of a

rental agreement [Civ. Code 798.75(a) (Deerings)]. If the purchaser fails to execute the rental agreement, the purchaser has no rights of tenancy [Civ. Code 798.75(b) (Deerings)]. If an occupant of a mobilehome has no rights of tenancy and is not otherwise entitled to occupy the mobilehome, the occupant is considered an unlawful occupant if, after a demand is made for surrender of the mobilehome park site, for a period of five days, the occupant refuses to surrender the site to the mobilehome park management. If the unlawful occupant fails to comply with the demand, the unlawful occupant is subject to unlawful detainer proceedings [Civ. Code 798.75(c) (Deerings)]. The occupant of the mobilehome is not considered an unlawful occupant and is not subject to unlawful detainer proceedings if all of the following conditions are present [Civ. Code 798.75(d) (Deerings)]: The occupant is the registered owner of the mobilehome; The management has determined that the occupant has the financial ability to pay the rent and charges of the park, will comply with the rules and regulations of the park based on the occupants prior tenancies, and will comply with Civ. Code 798.70-798.83[Deerings]; and, The management failed or refused to offer the occupant a rental agreement. [8] Written Disclosure Form The management must provide a prospective homeowner with a completed written disclosure form concerning the park in the format required by Civ. Code 798.75.5(b)[Deerings] at least three days before execution of either (1) a rental agreement or (2) a statement signed by the park management and the prospective homeowner that the parties have agreed to the terms and conditions of the rental agreement. The management must update the information on the disclosure form annually, or, in the event of a material change in the condition of the mobilehome park, at the time of the material change in that condition [Civ. Code 798.75.5(a) (Deerings)]. [9] Age Requirements for Purchase The management may require that a prospective purchaser 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 federal Fair Housing Act, as amended by Public Law 104-76, and implementing regulations [Civ. Code 798.76 (Deerings)]. Under the Act, 42 U.S.C. 3602(k) and 3605 prohibit exclusion of families with children under 18 years of age except in housing that qualifies as housing for older persons under 42 U.S.C. 3607(b)(2)(B), (C) [see Schmidt v. Superior Court (1989) 48 Cal. 3d 370, 376, 391, 256 Cal. Rptr. 750, 769 P.2d 932 (flexibility allowed under California law as allowing mobilehome park to impose restrictions that allow it to qualify as senior citizen housing under federal law)]. For further discussion, see Ch. 117, Civil Rights: Housing Discrimination. [10] Waiver Prohibited No rental or sale agreement may contain a provision by which the purchaser or tenant waives his or her rights under Civ. Code 798 et seq.[Deerings] Any such waiver is deemed contrary to public policy and is void and unenforceable [Civ. Code 798.77 (Deerings)]. [11] Sale by Heir, Joint Tenant, or Personal Representative of Estate An heir, joint tenant, or personal representative who gains ownership of a mobilehome in a mobilehome park through the death of the owner of the mobilehome who is a tenant has the right to sell the mobilehome to a third party in accordance with the provisions of Civ. Code 798.70-798.83[Deerings], but only if all the homeowners responsibilities and liabilities to the management regarding rent, utilities, and reasonable maintenance of the mobilehome and its premises that have arisen after the transfer of ownership to the heir or joint tenant have been satisfied up until the date the mobilehome is resold [Civ. Code 798.78 (Deerings)]. If the heir, joint tenant, or personal representative does not satisfy the homeowners responsibilities, the management may require the removal of the mobilehome [Civ. Code 798.78(b)[Deerings]; see Simandle v. Vista de Santa Barbara Associates, LP (2009) 178 Cal. App. 4th 1317, 1322, 101 Cal. Rptr. 3d 129

(management properly removed mobilehome when heirs failed to perform maintenance)]. Before the sale, the heir, joint tenant, or personal representative may replace the mobilehome or repair it [Civ. Code 798.78(c) (Deerings)]. A replacement mobilehome must meet current standards of the park as contained in the parks most recent written requirements issued to prospective homeowners [Civ. Code 798.78(c)[Deerings]; see Hoffman v. Smithwoods RV Park LLC (2009) 179 Cal. App. 4th 390, 405, 102 Cal. Rptr. 3d 72 (mobilehome park not required to satisfy procedural requirements in Civ. Code 798.25[Deerings] for amending rules and regulations when considering whether replacement mobilehome meets current standards under 798.78)]. If the heir, joint tenant, or personal representative establishes a tenancy in the park, he or she must comply with the provisions for a prospective purchaser [Civ. Code 798.78(d) (Deerings)]. [12] Rights After Homeowners Default [a] Right to Sell; Conditions Any legal owner or junior lienholder who forecloses on a security interest in a mobilehome located in mobilehome park has the right to sell the mobilehome within the park to a third party in accordance with the procedures of Civ. Code 798.70-798.83[Deerings], but only if all of the homeowners responsibilities and liabilities to the management regarding rent, utilities, and reasonable maintenance of the mobilehome and its premises are satisfied by the foreclosing creditor as they accrue through the date the mobilehome is resold [Civ. Code 798.79(a) (Deerings)]. For a general discussion of foreclosure of mobilehome security interests, see 369.44[5]. [b] Notice Requirements If the legal owner or junior lienholder has received from the management a copy of a notice of termination of tenancy for nonpayment of rent or other charges, prior to selling the mobilehome, within 60 days following receipt or no later that 65 days after the mailing of the notice of termination, the legal owner and each junior lienholder must notify the management in writing of at least one of the following [Civ. Code 798.56a(a) [Deerings], 798.79(b) (Deerings)]: Its offer to sell the obligation secured by the mobilehome to the management for the amount specified in its written offer, in which event management has 15 days following receipt of the offer to accept or reject it in writing. If the offer is rejected, the person or entity has 10 days in which to exercise options (2) or (3), below; Its intention to foreclose on its security interest in the mobilehome; or, Its request that the management pursue the termination of tenancy against the homeowner and its offer to reimburse management for the reasonable attorneys fees and court costs incurred by the management in that action. If the legal owner or junior lienholder exercises options (2) or (3), above, and has the right to sell the mobilehome, that person has the right to keep the mobilehome on the site within the park until it is resold as long as he or she performs all of the following acts [Civ. Code 798.56a(b)[Deerings], 798.79(b) (Deerings)]: Satisfies within the time period specified in Civ. Code 798.56a(a)[Deerings] (discussed above) all of the homeowners responsibilities and liabilities owing to the management for the 90 days preceding the mailing of notice of termination of tenancy and continues to satisfy them as they accrue from the date of the mailing of that notice until the date the mobilehome is resold; Within the time period specified in Civ. Code 798.56a(a)[Deerings] (discussed above), commences all repairs and necessary corrective actions so that the mobilehome complies with park rules in existence at the time the notice of termination was given as well as applicable statutory health and safety standards, and completes these repairs within 90 calendar days of that notice or before the resale, whichever occurs first;

Complies with the requirements of Civ. Code 798.70 et seq.[Deerings] as they relate to the transfer of the mobilehome to a third party; and, Reimburses the management for the amount of reasonable attorneys fees and court costs, as agreed on by the management and the legal owner or junior lienholder, incurred by the management in an action to terminate the homeowners tenancy, when there is a request to terminate the tenancy. The reimbursement must be paid to the management on or before the earlier of the 60th calendar day following receipt of written notice from the management of the aggregate amount of the reasonable attorneys fees and costs or the date the mobilehome is resold. If the legal owner or junior lienholder does not respond to the notice by making a written election or does not satisfy the requirements set forth above, he or she does not have the right to sell the mobilehome within the park [see Civ. Code 798.56a(b) (Deerings)]. If the homeowner files for bankruptcy, the time periods are tolled until the mobilehome is released from bankruptcy [Civ. Code 798.56a(d) (Deerings)]. Notwithstanding any other provision of law, if neither the legal owner nor a junior lienholder timely notifies the management pursuant to Civ. Code 798.56a(a)[Deerings], 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. Management will have a warehouse lien against the mobilehome for the costs of dismantling, moving, and storage that is superior to all liens, except the lien provided for in Health & Safety Code 18116.1[Deerings] (lien for nonpayment of fees). The lien may be enforced pursuant to Com. Code 7210[Deerings] [Civ. Code 798.56a(e) (Deerings)]. All written notices must be sent to the other party by certified or registered mail with return receipt requested [Civ. Code 798.56a(f) (Deerings)]. [13] Transfer Disclosure Statement The transfer or sale of a manufactured home or mobilehome in a mobilehome park is subject to the real estate transfer disclosure requirements and provisions set forth in Civ. Code 1102 et seq.[Deerings] [Civ. Code 798.74[Deerings].4]. Those requirements include, but are not limited to, the use of the Manufactured Home and Mobilehome Transfer Disclosure Statement set forth in Civ. Code 1102.6d[Deerings] [Civ. Code 798.74[Deerings].4]. For discussion of residential vendors duty of disclosure, see Ch. 569, Vendor and Purchaser. For a real estate transfer disclosure form, see California Legal Forms, Ch. 23, Real Property Sales Agreements (Matthew Bender). 369.32 [1] Sale of Mobilehome in Subdivision, Cooperative, Condominium, or Resident-Owned Park Sale Depends on Ownership Interest

Different statutory provisions apply to the sale of a mobilehome in a subdivision, cooperative, or condominium for mobilehomes, or in a resident-owned mobilehome park [see Civ. Code 799(c)[Deerings] (definition)], depending on whether a resident has an ownership interest in one of those facilities in which his or her mobilehome is located or installed or whether the resident rents or leases a space on which his or her mobilehome is located or installed [see Civ. Code 799.1 (Deerings)]. For residents with no ownership interest, general provisions of the Mobilehome Residency Law govern the residents rights with regard to sale and other matters. For those residents with an ownership interest, the separate provisions in Civ. Code 799-799.10[Deerings] apply [Civ. Code 799.1(a) (Deerings)]. For a mobilehome park owned and operated by a nonprofit mutual benefit corporation established pursuant to Bus. & Prof. Code 11010.8[Deerings] whose members consist of park residents, when there is no recorded condominium plan, tract, parcel map, or declaration, the general provisions of the Mobilehome Residency Law govern the rights of members who are

residents and have a rental agreement with the corporation [Civ. Code 799.1(b) (Deerings)]. [2] Advertising Sale A homeowner or resident [see Civ. Code 799(b)[Deerings] (resident defined)] of a subdivision, cooperative, condominium for mobilehomes, or resident-owned mobilehome park may advertise the sale or exchange of the mobilehome, or, if not prohibited by the terms of an agreement with management or ownership, the mobilehomes rental, by (1) displaying a sign in the window of the mobilehome, (2) posting a sign on the side of the mobilehome facing the street, or (3) placing a sign in front of the mobilehome facing the street, stating that the mobilehome is for sale or exchange [Civ. Code 799.1.5 (Deerings)]. If not prohibited by park rules, the homeowner or resident may also post a sign indicating that the mobilehome is on display for an open house [Civ. Code 799.1.5 (Deerings)]. The sign must state the name, address, and telephone number of the mobilehomes owner or his or her agent. The sign face may not exceed 24 inches in width and 36 inches in height. Signs posted in front of a mobilehome may be of an H-frame or A-frame design with the sign face perpendicular to, but not extending into, the street. Tubes or holders for leaflets that provide information on the mobilehome for sale, exchange, or rent may be attached to the sign or the mobilehome [Civ. Code 799.1.5 (Deerings)]. These provisions also apply to an heir, joint tenant, or personal representative of the estate who gains ownership of a mobilehome through the death of the mobilehomes resident who was a resident at the time of his or her death, or the agent of any of those persons [Civ. Code 799.1.5 (Deerings)]. [3] Owners Written Authorization Required The ownership or management of a subdivision, cooperative, or condominium for mobilehomes may not show or list for sale a mobilehome owned by a resident without first obtaining the owners written authorization. The authorization must specify the terms and conditions regarding the showing or listing [Civ. Code 799.2 (Deerings)]. [4] Management May Not Require Removal The ownership or management may not require the removal of a mobilehome from the subdivision, cooperative, or condominium for mobilehomes, or resident-owned mobilehome park in the event of its sale to a third party [Civ. Code 799.3 (Deerings)]. [5] Managements Right to Prior Approval of Purchaser The ownership or management may require the right of prior approval of the purchase 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. Approval cannot be withheld if the purchaser has the financial ability to pay the fees and charges of the facility unless the ownership or management reasonably determines that, based on the purchasers prior residences, he or she will not comply with the rules and regulations of the subdivision, cooperative, or condominium for mobilehomes, or resident-owned mobilehome park [Civ. Code 799.4 (Deerings)]. [6] Age Requirements The ownership or management may require that the purchaser of a mobilehome that will remain in the subdivision, cooperative, or condominium for mobilehomes, or resident-owned mobilehome park must comply with any rule or regulation limiting residency based on age requirements for housing for older persons (provided the rule or regulation complies with the federal Fair Housing Act and its implementing regulations) [Civ. Code 799.5 (Deerings)]. [7] Waiver Prohibited No agreement may contain any provision by which the purchaser waives his or her rights under the provision of Civ. Code 799-799.10[Deerings]. Any such waiver will be deemed contrary to public policy

and void and unenforceable [Civ. Code 799.6 (Deerings)]. 369.33 [1] Dealer Sales Prohibition Applies in Certain Circumstances

Dealer sales of mobilehomes subject to the provisions of the National Manufactured Home Construction and Safety Standards Act of 1974 [42 U.S.C. 5401 et seq.; see 369.21[6]] are unlawful unless (1) there is a HUD label affixed to the mobilehome [see 369.21[7]] and (2) the dealer, acting as a responsible dealer, does not know that the mobilehome does not conform to applicable standards. This prohibition applies to any affected mobilehomes until the completion of the entire sales transaction. A sales transaction with a purchaser is considered completed when all the goods and services that the dealer agreed to provide at the time the contract was entered into have been provided. Completion of a retail sale will be at the time the dealer completes set-up of the mobilehome if the dealer has agreed to provide the set-up, or at the time the dealer delivers the mobilehome to the site if the dealer has not agreed to provide set-up, or at the time the dealer delivers the mobilehome to the transporter if the dealer has not agreed to transport or set up the mobilehome. This prohibition of sale does not apply to mobilehomes that are placed in production before the effective date of the standards, and it does not apply to used mobilehomes that are being sold or offered for sale after the first purchase in good faith for purposes other than resale [24 C.F.R. 3282.252]. [2] Sales and Escrow Requirements Applicable to Dealers [a] Application of Health & Safety Code Regulations Certain aspects of mobilehome sales by dealers [see Health & Safety Code 18002.6[Deerings] (definition)] are regulated by the Health and Safety Code. There are provisions for (1) rescission if the buyer cannot obtain financing in 30 days [see Health & Safety Code 18036 (Deerings)], (2) application of the Truth in Lending regulation [12 C.F.R. 226 (Regulation Z)] to all mobilehome sales [see Health & Safety Code 18036.5[Deerings], 18037 (Deerings)], and (3) notice requirements applicable to foreclosure [see Health & Safety Code 18037.5 (Deerings)]. [b] Receipt for Deposit As part of the documents executed for the purchase and sale of a new or used mobilehome subject to registration from a dealer, the dealer and the buyer must execute a receipt for the deposit. The contents of the receipt for deposit are prescribed by statute [Health & Safety Code 18035.1 (Deerings)]. [c] Standard of Care The standard of care owed by a dealer to a mobilehome purchaser is the degree of care that a reasonably prudent dealer would exercise and is measured by the degree of knowledge through education, experience, and examination required to obtain a dealers license [Health & Safety Code 18046.1 (Deerings)]. [d] Establishment of Escrow Account Every mobilehome dealer must, on the buyers signing of a purchase order or conditional sale contract or security agreement for a new or used mobilehome, establish with an escrow agent (in whose business the dealer has no more than a 5 percent ownership interest) an escrow account into which must be deposited any cash or cash equivalent received from the buyer at any time before delivery as whole or partial payment for the mobilehome [Health & Safety Code 18035(a) (Deerings)]. There are further statutory requirements regarding when money can be released from the escrow and when the money must be returned to the buyer [see Health & Safety Code 18035(b)-(h) (Deerings)]. [e] Award of Damages, Attorneys Fees, and Costs In the event of a violation leading to a judgment for damages, the plaintiff is entitled, in addition to damages, to an amount not exceeding $2,000 and to attorneys fees and costs [Health & Safety Code 18035(n) (Deerings)]. For a form of complaint for damages by a mobilehome buyer against a dealer or

other seller for an improper escrow, see 369.141. [3] Visual Inspection and Disclosures Required By Dealer If a dealer or salesperson, licensed under Health & Safety Code 18045 et seq.[Deerings], has a written contract with the seller of a used manufactured home or mobilehome to find or obtain a buyer or is a dealer or salesperson who acts in cooperation with others to find and obtain a buyer for a used manufactured home or mobilehome, that dealer or salesperson has a duty to the prospective buyer to conduct a reasonably competent and diligent visual inspection of the home offered for sale. The dealer or salesperson must also disclose to the prospective buyer all facts materially affecting the value or desirability of the home that an investigation would reveal. When a transfer disclosure statement is required under Civ. Code 1102(b) [Deerings], a dealer or salesperson must discharge that duty by completing the agents portion of the transfer disclosure statement that a seller prepares and delivers to a prospective buyer under Civ. Code 1102(b) [Deerings] and 1102.6d[Deerings]. If no transfer disclosure statement is required, but the transaction is not exempt under Civ. Code 1102.2[Deerings], a dealer must discharge that duty by completing and delivering to the prospective buyer an exact reproduction of Sections III, IV, and V of the transfer disclosure statement required under Civ. Code 1102(b)[Deerings] and 1102.6d[Deerings] [Health & Safety Code 18046(d) (Deerings)]. [4] Mobilehome Warranties Applicable to Dealer Sales All new mobilehomes [see 369.11[1][d]] sold to a buyer after March 4, 1972, by a dealer licensed by the Department of Motor Vehicles are covered by the warranty set forth in Civ. Code 1797.3[Deerings] [Civ. Code 1797 (Deerings)]. The warranty applies to the manufacturer of the mobilehome as well as to the dealer or contractor who sells the mobilehome to the buyer [Civ. Code 1797.2(a) (Deerings)]. The warranty is in addition to and not in derogation of all other rights and privileges that the buyer may have under any other law or instrument. The manufacturer or dealer may not require the buyer to waive his or her rights under Civ. Code 1797-1797.7[Deerings], and any such waiver is deemed contrary to public policy and is unenforceable and void [Civ. Code 1797.4 (Deerings)]. The mobilehome warranty from the contractor, manufacturer, or dealer to the buyer must be set forth in a separate written document delivered to the buyer by the contractor or dealer at the time the contract of sale is signed, and contain, but not be limited to, the following terms [Civ. Code 1797.3 (Deerings)]: That the mobilehome is free from any substantial defects in materials or workmanship; That the contractor, manufacturer, or dealer must take appropriate corrective action at the site of the mobilehome in instances of substantial defects in materials or workmanship that become evident within one year from the date of delivery of the mobilehome to the buyer, provided the buyer or his or her transferee gives written notice of those defects to the contractor, manufacturer, or dealer at their business address not later than one year and 10 days after the date of delivery; That the manufacturer and contractor or dealer will be jointly and severally liable to the buyer for the fulfillment of the terms of the warranty, and that the buyer may notify either one or both of the need for appropriate corrective action in instances of substantial defects in materials or workmanship; That the address and the phone number of where to mail or deliver written notice of defects must be set forth in the document; That the one-year warranty period applies to the plumbing, heating, electrical, cooling, fire safety, and structural systems and all appliances of the mobilehome or manufactured home; That while the manufacturers of any or all appliances may also issue their own warranties, the primary responsibility for appropriate corrective action under the warranty rests with the contractor or dealer and manufacturer, and the buyer is to report all complaints to the contractor or dealer and manufacturer initially; and, That if corrective action taken by the contractor, manufacturer or dealer fails to eliminate a substantial

defect, then the material, system, appliance, or component must be replaced in kind. Replaced in kind means replacement with the identical material, system, appliance, or component, and, if not available, replacement with a comparable or better material, system, appliance, or component. The address and telephone number of the place to which written notices of defects may be mailed or delivered must be set forth in the Mobilehome Warranty [Civ. Code 1797.3(d) (Deerings)]. Each dealer must display a copy of all of the required warranty provisions. The warranty provisions must be posted in each area where purchase orders and conditional sales contracts are written [Civ. Code 1797.5 (Deerings)]. There is no definition in the mobilehome warranties law of substantial defects in materials or workmanship. In a related context, the Legislature has said that the phrase means defects objectively manifested by broken, ripped, cracked, stained, or missing parts or components and does not include alleged defects concerning color combinations or grade of materials used [Health & Safety Code 18613(d) (Deerings)]. [5] Dealer Sales Off Premises Generally, it is unlawful for a licensed dealer to advertise or offer for sale or exchange in any manner any vehicle not actually for sale at the premises of the dealer or available to the dealer through a listing agreement from the seller or from the manufacturer or distributor at the time of the advertisement or offer. This policy does not apply, however, to advertising or offering for sale or exchange any used mobilehome as defined by Health & Safety Code 18008[Deerings] [see 369.11[1][c]] when the advertising or offering for sale is not contrary to any terms of a contract between the seller of the mobilehome and the owner of the mobilehome park, if the mobilehome is in place on a lot rented or leased for human habitation within an established mobilehome park; or if the used mobilehome is located, pursuant to a local zoning ordinance or permit, on a lot where its presence has been authorized or its continued presence would be authorized, for a total and uninterrupted period of at least one year [Health & Safety Code 18061 (Deerings)]. [6] Dealer Cooperative Arrangements With regard to the sale of any mobilehome that has not been previously installed on a foundation system pursuant to Health & Safety Code 18551[Deerings], a licensed dealer may solicit or obtain listings, engage in the multiple listing only with other dealers, or engage in payments only to other dealers or groups of dealers, pursuant to cooperative brokering and referral arrangements or agreements on the sale of only a mobilehome which has been titled by the Department of Housing and Community Development [Health & Safety Code 18040(a) (Deerings)]. For the resale of mobilehomes that have not been previously installed on a foundation, a dealer may solicit or obtain listings, engage in multiple listings, or engage in payments not only with other dealers or groups of dealers, but also with real estate licensees [Health & Safety Code 18040(b) (Deerings)]. 369.34 [1] Sales By or Through Real Estate Brokers Registration Requirement

Notwithstanding any other provision of law, a person licensed as a real estate broker may sell or offer to sell, buy or offer to buy, solicit prospective purchasers of, solicit listings of, or negotiate the purchase, sale, or exchange of any manufactured home or mobilehome only if the manufactured home or mobilehome has been registered under the Health and Safety Code [ Bus. & Prof. Code 10131.6(a)[Deerings]; see Health & Safety Code 18000 et seq (Deerings)]. [2] Prohibited Acts No real estate broker who engages in the activities in [1], above, may maintain a place of business where two or more manufactured homes or mobilehomes are displayed and offered for sale by such person unless the broker is also licensed as a mobilehome dealer [ Bus. & Prof. Code 10131.6(b) (Deerings)]. Among other prohibited actions, a real estate licensee may not do any of the following with regard to a

manufactured home or mobilehome [ Bus. & Prof. Code 10131.7 (Deerings)]: Advertise or offer for sale in any manner any manufactured home or mobilehome unless it is (1) either in place on a lot rented or leased for human habitation within an established mobilehome park [see 369.11[2][a]] and the advertising or offering for sale is not contrary to any terms of a contract between the seller of the manufactured home or mobilehome and the owner of the mobilehome park; or (2) is otherwise located, pursuant to a local zoning ordinance or permit, on a lot where its presence has been authorized or its continued presence and such use would be authorized for a total and uninterrupted period of at least one year; Fail to withdraw any advertisement of a manufactured home or mobilehome for sale, lease, or exchange within 48 hours after his or her receipt of notice that the manufactured home or mobilehome is no longer available for sale, lease, or exchange; and, Advertise or represent a mobilehome as a new mobilehome or a manufactured home as a new manufactured home. 369.35 Documentary Transfer Tax The transfer of any mobilehome installed on a foundation system as a fixture or improvement to real property [see Health & Safety Code 18551(a)[Deerings]; see also 369.37] and subject to local property taxation [see 369.42[3]] is subject to the Documentary Transfer Tax Act (Rev. & Tax. Code 11901 et seq. [Deerings]) [Rev. & Tax. Code 11913 (Deerings)]. 369.36 Sales and Use Taxes The Sales and Use Tax Law [Rev. & Tax. Code 6001 et seq. (Deerings)] imposes the following two types of taxes [Rev. & Tax. Code 6201 (Deerings)]: A sales tax on the privilege of selling tangible personal property at retail, measured by the gross receipts of the retailer from sales [see Rev. & Tax. Code 6051 (Deerings)]; and, A use tax on the storage, use, or other consumption in California of tangible personal property purchased from any retailer, measured by the sale price of the property. These taxes are mutually exclusive, not cumulative. A transaction resulting in liability for the sales tax exempts the purchaser from liability for the use tax [see Rev. & Tax. Code 6401 (Deerings)]. The gross receipts from the sale of and the storage, use, or other consumption in California of used mobilehomes [see 369.11[1][c]] which were originally sold new on or after July 1, 1980 are exempted from the taxes imposed by the Sales and Use Tax Law [ Rev. & Tax. Code 6379[Deerings]; see Rev. & Tax. Code 6351[Deerings] (definition of exempted from the taxes imposed by this part (Sales and Use Tax Law) as used in Rev. & Tax. Code 6351-6379[Deerings])]. For purposes of the sales and use tax, gross receipt from the sale of a used mobilehome as defined in Health & Safety Code 18014[Deerings] and the sales price of a used mobilehome are based on the current value of the used mobilehome as determined by a recognized value guide, when a registered or legal owner sells a used mobilehome through a person licensed under the Health and Safety Code as a dealer and not on the dealers own account or though a licensed real estate broker acting under Bus. & Prof. Code 10131.6[Deerings]. Also, the gross receipts from the sale of a mobilehome, whether new or used, and the sale price of a mobilehome, whether new or used, must exclude the amount of separately stated escrow fees on the sale of such mobilehome [ Rev. & Tax. Code 6012.2[Deerings]; see 369.33[2]]. For the purposes of the Sales and Use Tax Law, the gross receipts from the sale of a mobilehome [see 369.11[1][c]] and the sale price of a mobilehome sold or stored, used, or otherwise consumed in California must be a specified percentage of the sale price to the consumer or the retailer, varying according to the following [see Rev. & Tax. Code 6012.8[Deerings], 6012.9 (Deerings)] (applicable to mobilehomes sold on or after July 1, 1980); see also 369.42[3]:

Whether the mobilehome is sold before July 1, 1980, or on or after that date; Whether it is sold for installation on a foundation system pursuant to Health & Safety Code 18551[Deerings] for occupancy as a residence or is sold for installation for occupancy as a residence pursuant to Health & Safety Code 18613[Deerings] [see 369.37]; and, Whether it is or is not subject to local property taxation. Any sale of a mobilehome after the initial sale, for which the provisions of Rev. & Tax. Code 6012.8[Deerings] or 6012.9[Deerings] apply, will be exempt from the taxes imposed by the Sales and Use Tax Law [ Rev. & Tax. Code 6012.8(d)[Deerings], 6012.9(d) (Deerings)]. 369.37 [1] Installation Standards and Permits

A mobilehome may be installed as either a fixture or improvement to real property [see Health & Safety Code 18551(a) (Deerings)] or as a chattel [see Health & Safety Code 18551(b)[Deerings], 18613 (Deerings)]. Standards for locating and installing a mobilehome which is required to be moved under a permit [see 369.40], on any site for the purpose of human habitation or occupancy as a dwelling, are prescribed by the Department of Housing and Community Development [see 25 Cal. Code Reg. 1320-1368] pursuant to legislative mandate for the protection of life and property [Health & Safety Code 18613 (Deerings)]. The contractor engaged to install such a mobilehome, or the owner, if the owner of the mobilehome proposes to perform the installation, is required to obtain an installation permit from the enforcement agency [Health & Safety Code 18613[Deerings]; see 25 Cal. Code Reg. 1020 (procedure), 1320 (exceptions to permit requirement); see also 369.11[4]]. Issuance of an installation permit probably is, like issuance of a mobilehome park construction permit [see 369.62], partly a ministerial function and partly a discretionary function. The procedure, however, does not involve a hearing for presentation of evidence; therefore, refusal to issue a permit is a cause for action for a writ of mandate directing issuance, under Code Civ. Proc. 1085[Deerings], and not an administrative decision reviewable in an administrative mandate proceeding under Code Civ. Proc. 1094.5[Deerings]. If the applicant qualifies for the permit and there has been abuse of discretion in refusing to issue it, the writ must be issued, because damages are not recoverable [see Code Civ. Proc. 1086[Deerings]; Gov. Code 818.4[Deerings], 820.2[Deerings], 820.4[Deerings], 821.2[Deerings] (governmental immunities from liability for damages)]. For discussion of, and forms for use in, a proceeding for writ of mandate under Code Civ. Proc. 1085[Deerings], see Ch. 358, Mandate and Prohibition. [2] Tardy Performance by Contractor A contractor engaged to install a mobilehome pursuant to a permit has a reasonable time in which to complete installation [Health & Safety Code 18613 (Deerings)]. Installation is complete when standards prescribed by the Department of Housing and Community Development, and other applicable regulations [see 25 Cal. Code Reg. 1320-1368], have been complied with [Health & Safety Code 18613 (Deerings)]. If the mobilehome being installed does not comply with the standards for materials, systems, workmanship, or equipment, and for that reason cannot be approved for occupancy, the contractor has a reasonable time to complete installation after the defects have been corrected [Health & Safety Code 18613 (Deerings)]. The contractor is liable for damages for any injury proximately caused by the contractors failure to complete installation within a reasonable time. For discussion of, and forms for use in, actions for damages based on a contractors tardy performance, see Ch. 104, Building Contracts. Regarding a requirement that a

contractor who undertakes installation of a mobilehome must be licensed, see 369.45. [3] Noncompliance With Standards A mobilehome installed pursuant to a permit must be inspected by the enforcement agency [see 369.11[4]] to assure compliance with applicable standards. If there is an immediate hazard to the health or safety of the occupant, the mobilehome may not be occupied. If there is noncompliance with applicable standards but no immediate hazard to the health or safety of the occupant, the mobilehome may be occupied notwithstanding the noncompliance [Health & Safety Code 18613 (Deerings)]. [4] Correction of Defects In the event of substandard installation of a mobilehome pursuant to a permit, the installer must perform any necessary corrective work and request reinspection within 10 days after notice from the enforcement agency specifying in what respects the installation does not comply with applicable standards [25 Cal. Code Reg. 1326(c)]. 369.38 [1] Hiring Out (Renting and Leasing) Mobilehomes Considered to be Motor Vehicles

Although not self-propelled, a mobilehome may be considered a motor vehicle subject to the Vehicle Leasing Act [Civ. Code 2985.7-2990 (Deerings)], formerly the Moscone Automobile Leasing Act of 1969, which governs the hiring out (leasing) of any vehicle required to be registered under the Vehicle Code [Civ. Code 2985.7(a)[Deerings] (definition of motor vehicle in context of Act)] for the use of the vehicle by a natural person for a term exceeding four months, primarily for personal, family, or household purposes, whether or not it is agreed that the lessee bear the risk of depreciation [Civ. Code 2985.7(d)[Deerings] (definition of lease contract in context of Act)]. Mobilehomes that are rented or leased in California must comply with the provisions of the mobilehomes law relating to insignia of approval [see 369.21]. [2] Permit Requirement Notwithstanding Health & Safety Code 18500[Deerings] requiring a permit to operate a mobilehome park [see 369.63[1]], (1) the owner of one mobilehome [see 369.11[1][c]] who is also the owner of the land on which the mobilehome is located may rent, lease, sublease, let out, or hire out for occupancy the mobilehome and the land on which it is located without obtaining a permit [Health & Safety Code 18500.5 (Deerings)], and (2) the owner of a mobilehome who is not a mobilehome park operator [see 369.11[2][a]] and who rents or leases the land on which the mobilehome is located may rent, lease, sublease, let out, or hire out for occupancy the mobilehome and the land on which it is located without obtaining a permit, subject to lawful covenants and conditions of the lease or rental agreement governing the underlying ground [Health & Safety Code 18500.6 (Deerings)]. [3] Mobilehome in Mobilehome Park A mobilehome park homeowner [see 369.11[2][b]], if not prohibited by the terms of an agreement with the management of the park, may advertise the rental of his or her mobilehome [see 369.11[1][e]] by displaying a sign in the window of the mobilehome, or posted on the side of the mobilehome facing the street, stating that the mobilehome is for rent by the owner of the mobilehome or his agent. The sign must state the name, address, and telephone number of the owner of the mobilehome or his or her agent and may be at least 12 inches in width and 12 inches in length [Civ. Code 798.70 (Deerings)]. No mobilehome within a mobilehome park [see 369.11[1][c], [2][a]] may be rented or leased unless it bears an insignia of approval issued by the Department of Housing and Community Development in accordance with Health & Safety Code 18026[Deerings] [Health & Safety Code 18604 (Deerings)]. [4] Mobilehome in Subdivision, Cooperative, Condominium, or Resident-Owned Mobilehome Park A homeowner or resident [see Civ. Code 799(b)[Deerings] (resident defined)] of a subdivision,

cooperative, condominium for mobilehomes, or resident-owned mobilehome park may advertise the sale or exchange of the mobilehome, or, if not prohibited by the terms of an agreement with management or ownership, the mobilehomes rental, by (1) displaying a sign in the window of the mobilehome, (2) posting a sign on the side of the mobilehome facing the street, or (3) placing a sign in front of the mobilehome facing the street, stating that the mobilehome is for sale or exchange [Civ. Code 799.1.5 (Deerings)]. If not prohibited by park rules, the homeowner or resident may also post a sign indicating that the mobilehome is on display for an open house [Civ. Code 799.1.5 (Deerings)]. The sign must state the name, address, and telephone number of the mobilehomes owner or his or her agent. The sign face may not exceed 24 inches in width and 36 inches in height. Signs posted in front of a mobilehome may be of an H-frame or A-frame design with the sign face perpendicular to, but not extending into, the street. Tubes or holders for leaflets that provide information on the mobilehome for sale, exchange, or rent may be attached to the sign or the mobilehome [Civ. Code 799.1.5 (Deerings)]. These provisions also apply to an heir, joint tenant, or personal representative of the estate who gains ownership of a mobilehome through the death of the mobilehomes resident who was a resident at the time of his or her death, or the agent of any of those persons [Civ. Code 799.1.5 (Deerings)]. 369.39 [1] Maintenance, Use, and Occupancy Unlawful Mobilehome Occupancies

It is unlawful for any person to use or cause or permit to be used for occupancy any mobilehome [see 369.11[1][c]], wherever the mobilehome is located, if any of the following conditions exist [Health & Safety Code 18550 (Deerings)]: The mobilehome is supplied with fuel gas, water, electricity, or sewage connections and installations not conforming to standards prescribed by the Department of Housing and Community Development; The mobilehome is permanently attached with underpinning or foundation to the ground, unless the mobilehome bears an insignia of approval issued by the Department of Housing and Community Development [see 369.21] or a HUD label [see 369.21[7]] and is installed on a foundation system, in accordance with Health & Safety Code 18551[Deerings] [see 369.42[1]]; The mobilehome does not conform to the registration requirements of the Department of Housing and Community Development; The mobilehome is in an unsanitary condition; or, The mobilehome is structurally unsound and does not protect its occupants against the elements. The Department of Housing and Community Development, pursuant to legislative mandate, has prescribed standards that establish minimum requirements to protect the health and safety of the occupants [of mobilehomes] and the public, including provisions for the repair or abatement of any unsafe or unsanitary condition of the [mobilehome] or of the electrical, mechanical, or plumbing installations therein [Health & Safety Code 18605[Deerings]; see 25 Cal. Code Reg. 1130-1284, 1600-1619]. [2] Sewage and Wastewater Disposal It is unlawful to permit any wastewater, sewage, or waste material from any plumbing fixtures in a park, any park sewage or waste disposal system, or any plumbing fixtures in a manufactured home, mobilehome, recreational vehicle, accessory structure, or permanent building in the park, to be discharged onto or deposited upon the surface of the ground [Health & Safety Code 18554(a) (Deerings)]. The enforcement agency may order the removal, sanitation, or both, of any wastewater, sewage, or waste material discharged onto or deposited upon the surface of the ground, or may require the removal, sanitation, or both, of the wastewater, sewage, or waste material, in a manner consistent with the requirements of, and in consultation with, the local health department or agency [Health & Safety Code 18554(b) (Deerings)]. The registered

owner of a mobilehome, manufactured home, or recreational vehicle is responsible for complying with an order, or the correction of a citation, issued by the enforcement agency, and the costs of that order, whenever wastewater, sewage, or waste material is discharged onto or deposited upon the surface of the ground as a result of leaks from plumbing fixtures in a manufactured home, mobilehome, or recreational vehicle, or accessory structure, or whenever those leaks come from plumbing on the space or lot that connects the home or recreational vehicle or accessory structure to the parks sewer, septic, or drain system on the home or vehicle registered owners side of the connection, if the discharge or deposit is determined by the enforcement agency to be the fault of the registered owner of the home or recreational vehicle [Health & Safety Code 18554(c) (Deerings)]. [3] Abatement of Substandard Mobilehome Condition Any unsafe or unsanitary condition of a mobilehome [see 369.11[1][c]] or of the electrical, mechanical, or plumbing installations in a mobilehome, which threatens the health or safety of the occupants or the public, may be abated [see Health & Safety Code 18605 (Deerings)]. In addition, any mobilehome in which there exists any of the conditions listed in 25 Cal. Code Reg. 1606(a)-(k) (such as inadequate sanitation, structural hazards, faulty weather protection) to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants of the mobilehome is substandard [25 Cal. Code Reg. 1606]. Any mobilehome that has become substandard is a nuisance and may be abated [25 Cal. Code Reg. 1606; see 25 Cal. Code Reg. 1610-1619 (abatement proceedings); see also 369.112[3]]. The registered owner of a mobilehome that is constructed, altered, converted, used, or maintained in a manner that constitutes a violation of the regulations or other applicable law is required to abate the violation [25 Cal. Code Reg. 1610(a); see 25 Cal. Code Reg. 1606 (substandard units)]. The person or entity responsible for correction of the violation must cause it to be corrected within five days or within such longer period of time as may be allowed by the enforcement agency [25 Cal. Code Reg. 1611(a); see 369.11[4], 369.64[2]]. [4] Disabled Access and Accommodations Ownership or management of a mobilehome park cannot prevent a homeowner or resident from installing disabled accommodations on a mobilehome or on the site, lot, or space on which the mobilehome is located. This includes, but is not limited to, ramps or handrails on the outside of the home as long as the installation complies with code and the facilities are installed pursuant to a permit, if required for the installation. The management may require that the accommodations be removed by the homeowner at the time the mobilehome is removed from the park or pursuant to a written agreement between the homeowner and the management before the completion of the resale of the mobilehome in place in the park [Civ. Code 798.29[Deerings].6, 799.11]. 369.40 Moving A mobilehome [see 369.11[1][g]] that exceeds a prescribed size or weight may not be moved on any street or highway without a permit from the Department of Transportation or the city or county having jurisdiction over the street or highway [see Veh. Code 35780 (Deerings)]. A permit is required for moving a mobilehome wider than eight and a half feet, longer than 40 feet, taller than 14 feet [see Veh. Code 35100[Deerings], 35250[Deerings], 35400 (Deerings)], or heavier than the maximum allowable weight [see Veh. Code 35550 (Deerings)]. A mobilehome wider than eight feet may not be moved without a permit which is issuable only to licensed manufacturers, dealers, and transporters (haulers) [see Veh. Code 35790 (Deerings)], and then only if the mobilehome is not overweight [Veh. Code 35790(e)(1) (Deerings)]. A permit issued under Veh. Code 35790[Deerings] may authorize an exemption from length limitations otherwise applicable to vehicles and combinations of vehicles for the transportation of more than one unit of a manufactured home if conditions specified in Veh. Code 35790.5[Deerings] are met. Applications for permits must specifically describe the manufactured home units to be moved and include a written statement of good cause. The permits issued must

describe the particular highways over which the permit is valid and may impose additional conditions [Veh. Code 35790.5 (Deerings)]. A pilot car, which may be required to obtain a permit under Veh. Code 35790[Deerings] to aid in the moving of a mobilehome, may operate a vertical-clearance measuring device with a height in excess of 14 feet when escorting a permitted overheight load, and may also operate the device when surveying a route for a permitted overheight load [Veh. Code 35252(a)[Deerings]; see Veh. Code 25270[Deerings] (warning lamps), 27904.5[Deerings] (signs), 28100-28103[Deerings] (flags, equipment, compliance of pilot cars with other Vehicle Code sections)]. No person served with a notice of violations under 25 Cal. Code Reg. 4013 [see 369.21[5][c]] is permitted to move the mobilehome in question or to cause it to be moved without first giving the Department of Housing and Community Development written notification of the destination and intended disposition of the mobilehome [25 Cal. Code Reg. 4013]. 369.41 [1] Local Regulation State Law Supersedes Local Ordinances

The provisions of the Manufactured Housing Act of 1980 [Health & Safety Code 18000 et seq. (Deerings)] and implementing regulations of the Department of Housing and Community Development [25 Cal. Code Reg. 4000 et seq.] supersede any ordinance adopted by a city or county on the same subject [see Health & Safety Code 18015[Deerings], 18030.5 (Deerings)]. The Mobilehome Parks Act [Health & Safety Code 18300 et seq. (Deerings)] occupies the field of mobilehome regulation in California, and therefore preempts local regulation of mobilehome construction and installation [Health & Safety Code 18300(a)[Deerings]; County of Santa Cruz v. Waterhouse (2005) 127 Cal. App. 4th 1483, 1491, 26 Cal. Rptr. 3d 543 (preemption of county ordinance regulating permissible height of mobilehomes)]. The Act contains exceptions providing for local regulation of certain matters, including zoning and setback requirements for mobilehome parks [Health & Safety Code 18300(g) (Deerings)]. [2] Zoning and Land Use [a] Installation of Manufactured Housing Cities and counties may not subject the installation of manufactured housing on single-family lots to any regulation or process different than those applied to the construction of conventional housing. Nevertheless, certain architectural controls may be imposed [ Gov. Code 65852.3[Deerings], 65852.4 (Deerings)]. [b] Requirement of Filing Impact Report Before a mobilehome park can be converted to another use except under the Subdivision Map Act [ Gov. Code 66410 et seq. (Deerings)], or before it can be closed or the use ceased except if it results from the entry of an order for relief in bankruptcy, the person or entity proposing the change in use must file with the appropriate advisory agency or legislative body a report on the impact of the conversion, closure, or cessation of use on the displaced residents of the park and provide a resident of each mobilehome in the park with a copy. In determining the impact, the report must address the availability of adequate replacement housing in mobilehome parks and relocation costs [ Gov. Code 65863.7(a)-(c)[Deerings], (f) (Deerings)]. The legislative body, or its delegated advisory agency, must review the report before any change of use and may require, as a condition of the change, the person or entity to take steps to mitigate any adverse impact of the conversion, closure, or cessation of use on the ability of the displaced residents to find adequate housing in a mobilehome park. However, the steps required to be taken to mitigate must not exceed the reasonable costs of relocation [ Gov. Code 65863.7(e) (Deerings)]. This provision applies to charter cities [ Gov. Code 65863.7(h) (Deerings)]. The required impact report and the procedure to be followed when conversion is in accordance with the Subdivision Map Act, is covered in Gov. Code 66427.4[Deerings]. Civ. Code 798.27(b)[Deerings]

and 798.56(g)[Deerings] discuss the notice of any change in the zoning or termination resulting from a change of use of the park required to be given to the tenants. The requirement of filing an impact report is also 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 is the 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, and the agency is required to take steps to mitigate the adverse impact [ Gov. Code 65863.7(i) (Deerings)]. In addition, the requirement of filing an impact report is applicable when the closure, cessation, or change of use is the result of a decision by an enforcement agency [see Health & Safety Code 18207[Deerings] (enforcement agency defined)] to suspend the permit to operate the mobilehome park. In that case, the mobilehome park owner is the person proposing the change in use for purposes of preparing the impact report and is required to take steps to mitigate the adverse impact of the change [ Gov. Code 65863.7(j) (Deerings)]. [c] Option to Purchase, Survey, and Waiver of Tentative and Final Subdivision Map When a mobilehome park is converted to condominium units for mobilehomes, an existing tenant must be offered the option to purchase his or her unit or to continue residency as a tenant [ Gov. Code 66427.5(a) (Deerings)]. The subdivider must obtain a survey of the support of residents in the mobilehome park for the proposed conversion, conducted pursuant to written ballot, and the results of the survey must be submitted to the local agency on the filing of the tentative or parcel map [ Gov. Code 66427.5(d) (Deerings)]. The purpose of this requirement is to ensure that conversions in accordance with Gov. Code 66427.5[Deerings] are bona fide resident conversions [see Stats. 2002, ch. 1143, 2]. It does not apply to any application for parcel map approval for conversion of a rental mobilehome park to resident ownership approved by the local agency before January 1, 2003 [see Stats. 2002, ch. 1143, 3]. On petition of two thirds of the tenants of a mobilehome park, the requirement of a tentative and final subdivision map may be waived [ Gov. Code 66428.1 (Deerings)]. [d] Density of New Mobilehome Park A city or county may not require the average density in a new mobilehome park to be less than that permitted by the applicable zoning ordinance, plus any density bonus, as defined in Gov. Code 65915[Deerings] for other affordable housing forms [Health & Safety Code 18300(h)(1) (Deerings)]. [e] Clubhouses and Recreational Facilities A city or county cannot require a new mobilehome park to include a clubhouse. Recreational facilities, recreational areas, accessory structures, or improvements may be required only to the extent that such facilities or improvements are required in other types of residential developments containing a like number of residential dwelling units [Health & Safety Code 18300(h)(2) (Deerings)]. [3] Equipment and Facilities A city or county, within the reasonable exercise of its police power, may regulate the construction and use of equipment and facilities used to supply gas, water, or electricity to a mobilehome (except facilities owned, operated, and maintained by a public utility), or to dispose of sewage or other waste therefrom, when such facilities are located outside a mobilehome park [see 369.11[2][a]] for which a permit is required by the Mobilehome Parks Act and implementing regulations [Health & Safety Code 18300(g)(2)[Deerings]; 25 Cal. Code Reg. 1000 et seq.]. [4] Use and Occupancy A city or county, within the reasonable exercise of its police power, may require a permit to use a mobilehome outside a mobilehome park for which a permit is required by the Mobilehome Parks Act and

implementing regulations [Health & Safety Code 18200 et seq.[Deerings]; 25 Cal. Code Reg. 1000 et seq.], and may require a fee therefor, by local ordinance, commensurate with the cost of enforcing the Mobilehome Parks Act and the local ordinance with reference to the use of the mobilehome. The use permit may be refused or revoked if the mobilehomes use violates any provisions of the Mobilehome Parks Act and implementing regulations, or the Manufactured Housing Act of 1980 and implementing regulations [Health & Safety Code 18000 et seq.[Deerings]; 25 Cal. Code Reg. 4000 et seq.], or any local ordinance applicable to such use [Health & Safety Code 18300(g)(3) (Deerings)]. A fee commensurate with enforcement cost is one that approximately covers the cost. A newly adopted ordinance is not unlawful merely because it fixes a fee slightly higher than reasonably projected enforcement costs [Watson v. County of Merced (1969) 274 Cal. App. 2d 263, 265-268, 78 Cal. Rptr. 807]. However, continuing to collect a higher fee after experience shows that costs are and will remain lower probably is unlawful, since as time passes the gap between projected enforcement costs and the fixed fee becomes less and less reasonable [see Watson v. County of Merced (1969) 274 Cal. App. 2d 263, 268, 78 Cal. Rptr. 807 (approving trial courts memorandum of opinion stating, [a]fter a period of operation the Board of Supervisors may want to review the fee charged to be certain that work experience and actual costs in fact do justify the fees levied. If experience shows them to be unreasonable and they are not adjusted plaintiffs may feel they should return to Court)]. [5] Accessory Buildings and Structures A city or county, within the reasonable exercise of its police power, may require a building permit to construct an accessory structure for a mobilehome located outside a mobilehome park, under circumstances in which the Mobilehome Parks Act and implementing regulations [Health & Safety Code 18200 et seq. [Deerings]; 25 Cal. Code Reg. 1000 et seq.] or the Manufactured Housing Act of 1980 and implementing regulations [Health & Safety Code 18000 et seq.[Deerings]; 25 Cal. Code Reg. 4000 et seq.] do not require the issuance of a permit by the Department of Housing and Community Development [Health & Safety Code 18300(g)(4) (Deerings)]. 369.42 [1] Property Interests Real or Personal

A mobilehome that is not affixed to land is personal property [see Civ. Code 658[Deerings], 663 (Deerings)]. A mobilehome may be installed on a foundation system as either a fixture or improvement to real property or as a chattel (personal property) [Health & Safety Code 18551 (Deerings)]. Installation by either method must comply with statutory requirements [see Health & Safety Code 18551(a)[Deerings] (real property), 18551(b)[Deerings], 18613[Deerings] (personal property)]. The registered owner of a mobilehome in a mobilehome park converted or proposed to be converted to a resident-owned subdivision, cooperative, condominium, or nonprofit corporation [see Bus. & Prof. Code 11010.8 (Deerings)] may, if he or she is also a participant in the resident ownership, apply for voluntary conversion of the mobilehome to a fixture and improvement to the underlying real property without complying with the statutory requirements otherwise applicable to installation on a foundation system [see Health & Safety Code 18555(a) (Deerings)]. To be considered a fixture or improvement to real property, a mobilehome must either be installed as such in accordance with statutory requirements [see Health & Safety Code 18551(a) (Deerings)] or be legally converted to that status by compliance with the statutory conversion requirements outlined in Health & Safety Code 18555[Deerings] [Health & Safety Code 18555(i) (Deerings)]. Once installed on a foundation system, a mobilehome is subject to state-enforced health and safety standards for mobilehomes [Health & Safety Code 18551(c)[Deerings]; see Health & Safety Code 18555(j)[Deerings] (same standards applicable to mobilehome converted to fixture and improvement to real property)]. These standards are enforced in accordance with Health & Safety Code 18020[Deerings] (enforcement of mobilehomes law [Health & Safety Code 18000 et seq. (Deerings)] and implementing regulations [25 Cal. Code Reg. 4000 et seq.] by the Department of Housing and Community Development)

[Health & Safety Code 18551(c)[Deerings], 18555(j) (Deerings)]. [2] Provisional Remedy of Claim and Delivery For purposes of the provisional remedy of claim and delivery [see Code Civ. Proc. 511.010-516.050 (Deerings)], a mobilehome not so affixed to land as to be real property is inventory in the hands of a person who holds it for sale or lease or to be furnished under a contract of service [see Code Civ. Proc. 511.050 (Deerings)]. Consequently, if a claimant applies for a temporary restraining order in accordance with Code Civ. Proc. 513.010[Deerings], the court may not prohibit such a holder from transferring the mobilehome in the ordinary course of business [Code Civ. Proc. 513.020(a) (Deerings)]. However, the court may prohibit concealing it or otherwise removing it in a manner likely to make it less available to seizure by the levying officer [Code Civ. Proc. 513.020(b) (Deerings)] and may prohibit impairing the value of it either by acts of destruction or by failure to care for the mobilehome in a reasonable manner [Code Civ. Proc. 513.020(c) (Deerings)]. In addition, if a mobilehome that is to be levied on under a writ of possession is being used as a dwelling, levy must be made by placing a keeper in charge of the mobilehome for two days, at the claimants expense, after which period the levying officer may remove the occupants and any contents not specified in the writ and take exclusive possession of the mobilehome [Code Civ. Proc. 514.010(b) (Deerings)]. For further discussion of the provisional remedy of claim and delivery, and forms for use in related proceedings, see Ch. 119, Claim and Delivery. [3] Local Property Taxation A mobilehome that has become real property by being affixed to land on a permanent foundation system, or otherwise, is taxed as all other real property is taxed [see Rev. & Tax. Code 5801(b)[Deerings]; see also 1980 Stats., ch. 285]. Otherwise, the mobilehome is taxed as provided in the Manufactured Home Property Tax Law [ Rev. & Tax. Code 5800 et seq. (Deerings)] if it (1) is not taxed as all other real property is taxed, (2) is defined as provided in Health & Safety Code 18008[Deerings] and 18211[Deerings] [see 369.11[1][c]], and (3) was first sold new on or after July 1, 1980 [see Rev. & Tax. Code 5800[Deerings], 5801 (Deerings)]. A mobilehome is also taxed under the Manufactured Home Property Tax Law if the owner so requests [ Rev. & Tax. Code 5801(a)(2) (Deerings)]. Except as provided in the Manufactured Home Property Tax Law, setting out special rules for determining the base year value of a mobilehome and defining a change in ownership of a mobilehome and the new construction of a mobilehome, mobilehomes are subject to property taxation, as well as subject to the other provisions of the Revenue and Taxation Code governing property taxation, in the same manner and to the same extent as any other personal property on the roll as defined in Rev. & Tax. Code 109[Deerings] [ Rev. & Tax. Code 5810 (Deerings)]. Transfer of a mobilehome park to a nonprofit corporation or other entity formed by tenants of the park to purchase the park does not trigger reassessment if the transfer is to tenants renting at least 51 percent of the park [ Rev. & Tax. Code 62.1 (Deerings)]. 369.43 Registration and Titling Registration and titling of mobilehomes is under the jurisdiction of the Department of Housing and Community Development [Health & Safety Code 18075 et seq.[Deerings]; see 25 Cal. Code Reg. 55105668]. However, mobilehomes subject to local property taxation under Rev. & Tax. Code 5800 et seq. [Deerings] and not installed on foundations [see 369.42[3]] are only subject to registration at the time of sale, resale, or transfer of title [Health & Safety Code 18075.5(a) (Deerings)]. In addition, mobilehomes installed or to be installed on foundations in accordance with Health & Safety Code 18551(a)[Deerings] [see 369.37] are exempt from the registration requirement as long as they remain affixed to the foundation system [Health & Safety Code 18075.5(b) (Deerings)].

369.44 [1]

Creditors Claims

Mechanics Liens

If a mobilehome is installed as an improvement to real property in accordance with Health & Safety Code 18551(a)[Deerings], it is considered to be real property [see Civ. Code 658[Deerings]; Health & Safety Code 18551[Deerings]; see also 369.42[1]]. The mechanics liens law [Civ. Code 3109 et seq. (Deerings)] gives a lien upon the property, for the value of their services and goods, to persons who have bestowed labor or furnished materials or appliances or leased equipment contributing to a work of improvement [Civ. Code 3110[Deerings] (phrases juxtaposed)]. Work of improvement is not defined in the law, although examples are given [see Civ. Code 3106 (Deerings)]. Installing a mobilehome and doing work on an installed mobilehome are not listed among those examples. However, there can be no doubt that a contractor who installs a mobilehome or works on an installed mobilehome, in the case of an installation pursuant to Health & Safety Code 18551(a)[Deerings] at least, is contributing to a work of improvement in the context of the mechanics liens law, since improvement in this sense can only mean improvement of real property. For further discussion, see Ch. 361, Mechanics Liens. [2] Other Liens for Services and Materials If a mobilehome is not so affixed to land as to be real property [see 369.42[1]], it is a vehicle as that term is defined in the Vehicle Code [see 369.11[1][g]]. Therefore, it could be subject to a lien for services and materials under the liens-on-vehicles law [Civ. Code 3067-3074 (Deerings)], which provides, [e] very person has a lien dependent upon possession for the compensation to which he is legally entitled for making repairs or performing labor upon, and furnishing supplies or materials for, and for the storage, repair or safekeeping of, and for the rental of parking space for, any vehicle of a type subject to registration under the Vehicle Code, subject to the limitations set forth in [Civ. Code 3067-3074 (Deerings)] [Civ. Code 3068(a)[Deerings]; see 369.43]. For discussion of, and forms for use in enforcing, such liens, see Ch. 342, Liens and Wage Preferences. Since a mobilehome not affixed to land is a vehicle as that term is defined in the Vehicle Code, no lien on a mobilehome could arise under Civ. Code 3051[Deerings] [see Civ. Code 3051[Deerings] (second paragraph)]. [3] Judgment Creditors [a] Exemption from Execution A mobilehome that serves as the principal dwelling for a judgment debtor or the judgment debtors spouse, together with the outbuildings and land on which they are situated, may be exempt from execution under Code Civ. Proc. 704.710 et seq[Deerings]., 704.965[Deerings] (homesteads). The amount of the homestead exemption varies depending on whether or not the judgment debtor or the judgment debtors spouse who resides in the mobilehome is any of the following [see Code Civ. Proc. 704.730 (Deerings)]: 65 years of age or older; Physically or mentally disabled and as a result of that disability is unable to engage in substantial gainful employment; or, 55 years old or older with a gross annual income of not more than $15,000, or if married, a gross annual income, including the gross annual income of his or her spouse, of not more than $20,000, and the sale is an involuntary sale. The mobilehome will be exempt from sale completely if no bid is received at an execution sale that exceeds the amount of homestead exemption plus any additional amount necessary to satisfy all liens and encumbrances on the property, or if no bid is received that is 90 percent or more of the fair market value of the mobilehome unless the court grants permission to accept a lower bid or makes a new order for sale [see Code Civ. Proc. 704.800 (Deerings)]. For forms for claiming homestead exemptions, see

Ch. 294, Homesteads. [b] Levy on a Mobilehome To levy on a mobilehome that is personal property used as a dwelling, the levying officer must serve a copy of the writ of execution and notice of levy on one occupant of the property in accordance with Code Civ. Proc. 700.080[Deerings]. If the judgment creditor so instructs, the levying officer will also place a keeper in charge of the property for the period requested by the judgment creditor [Code Civ. Proc. 700.080(b) (Deerings)]. If a mobilehome is levied on and a certificate of title has been issued by the Department of Housing and Community Development for that mobilehome and the certificate is still in effect, the levying officer must determine the name and address of the legal owner and serve the copy of the writ of execution and notice of levy on that person [Code Civ. Proc. 700.090 (Deerings)]. For discussion and forms relating to execution of judgments, see Ch. 254, Executions and Enforcement of Judgments. [4] Security Interests Security interests in mobilehomes are perfected by filing with the Department of Housing and Community Development [Health & Safety Code 18080.7 (Deerings)]. Priority is determined by order of filing [Health & Safety Code 18105[Deerings], 18106 (Deerings)]. [5] Foreclosure Under Security Agreement [a] Required Procedures In the event of default under the provisions of a security agreement relating to a loan or conditional sale contract that gives the secured party the right to foreclose its security interest in a mobilehome subject to registration under Health & Safety Code 18000 et seq.[Deerings] that is not inventory of a dealer, including the right to repossess the property, the secured party may foreclose its security interest only by satisfying certain requirements, as discussed below, notwithstanding any contrary provisions in the security agreement, conditional sale contract, or any other agreement entered into before default [Health & Safety Code 18037.5(a) (Deerings)]. In the event of default under the provisions of a security agreement relating to a loan or conditional sale contract in which the collateral is a mobilehome subject to registration that is inventory of a dealer or a commercial coach, the secured party may repossess and dispose of the collateral in accordance with the provisions of the security agreement or conditional sale contract and applicable law, including the provisions of Com. Code 9101 et seq.[Deerings] On repossession, the secured creditor must prepare and forward to the Department of Housing and Community Development a notice of repossession on the form prescribed by that Department [Health & Safety Code 18037.5(b) (Deerings)]. [b] Notice of Default Unless the registered owner of the mobilehome has abandoned the property or voluntarily surrendered possession of the property to the foreclosing creditor, the foreclosing creditor must deposit or cause to be deposited in the United States mail an envelope addressed to each registered owner as shown on the current registration of the mobilehome, registered or certified with postage prepaid, containing a notice in at least 10-point type, signed by the foreclosing creditor, in substantially the form set forth in Health & Safety Code 18037.5(a)(1)[Deerings] [Health & Safety Code 18037.5(a)(1) [Deerings]; see 369.113]. For the definitions of legal owner and registered owner, see 369.11[5], [6]. Within five days after mailing the notice of default, the foreclosing creditor must forward a copy of the notice to (1) the legal owner shown on the current registration card, if different than the foreclosing creditor, (2) each junior lienholder shown on the current registration card, if different than the foreclosing creditor, and (3) the Department of Housing and Community Development. The notice must be forwarded to each party in the same manner as provided for mailing the original notice to the

registered owner [Health & Safety Code 18037.5(a)(2) (Deerings)]. [c] Curing Default Each registered owner and each junior lienholder having a security interest subordinate to the security interest of the foreclosing creditor has the right to cure the default by the methods and in the manner prescribed in the notice of default within 45 days after mailing of the notice to the registered owner [Health & Safety Code 18037.5(a)(3) (Deerings)]. [d] Private or Public Sale If the default is not cured within the time indicated on the notice of default, or if the property has been abandoned or voluntarily surrendered to the foreclosing creditor by the registered owner, the creditor may proceed to sell the property at a private or public sale in accordance with the provisions of Com. Code 9504[Deerings] and Health & Safety Code 18037.5(c) [Deerings]. The notice of sale required by Com. Code 9504[Deerings] may not be mailed or delivered before expiration of the period for the right to cure the default, as stated in the notice of default, unless the property has been abandoned or voluntarily surrendered to the foreclosing creditor by the registered owner [Health & Safety Code 18037.5(a)(4)[Deerings]; see [e], below]. Additionally, notwithstanding any contrary provisions of Com. Code 9504[Deerings], the foreclosing creditor must deposit or cause to be deposited in the United States mail, registered or certified with postage prepaid, an envelope containing the notice of sale addressed to each party to whom the notice of default was mailed. The notice of sale must be given at least 10 days before the date fixed for a public sale or on or after which any private sale is to be made [Health & Safety Code 18037.5(a)(5) (Deerings)]. [e] Abandonment For purposes of foreclosure, a mobilehome will be deemed abandoned if (1) the foreclosing creditor gives written notice of his or her belief of abandonment to the registered owner, and (2) the owner fails to give the foreclosing creditor written notice, before the appropriate date specified in the foreclosing creditors notice, stating that he or she has not abandoned and does not intend to abandon the mobilehome, and stating an address at which he or she may be served by certified mail with a summons in connection with any legal action that the foreclosing creditor may appropriately initiate. The foreclosing creditor may give a notice of belief of abandonment only if he or she reasonably believes that the registered owner has abandoned the mobilehome. The notice of belief of abandonment must be personally delivered to the registered owner or sent to him or her at his or her last known address by registered or certified mail, with postage prepaid. If there is reason to believe that the notice sent to the registered owners last known address will not be received by the owner, the foreclosing creditor must also send the notice to any other address known to the foreclosing creditor where the registered owner may reasonably be expected to receive the notice [Health & Safety Code 18037.5(a)(6) (Deerings)]. The notice of belief of abandonment must be in at least 10-point type, in substantially the form set forth in Health & Safety Code 18037.5(a)(6) [Deerings] [see 369.114]. [f] Application of Proceeds The proceeds of the sale of a mobilehome must be applied, in the following order, to the following items: First, to the reasonable and necessary expenses incurred for preparing for and conducting the sale, and, if the foreclosing creditor has obtained possession of the collateral prior to the disposition, the reasonable and necessary expenses for the retaking and holding of the collateral, and to the extent provided for in the agreement and not prohibited by law, reasonable attorneys fees and legal expenses incurred by the foreclosing creditor in retaking the property from any person not a party to the credit contract [Health & Safety Code 18037.5(c)(1) (Deerings)]; Second, to the satisfaction of the indebtedness secured by the security interest of the foreclosing creditor under which the disposition is made [Health & Safety Code 18037.5(c)(2) (Deerings)];

Third, to the satisfaction of indebtedness secured by any subordinate liens or encumbrances on the property in the order of their priority as provided in Health & Safety Code 18105[Deerings], if with regard to a junior creditor written notification of demand therefor is received before distribution of the proceeds is completed, and to the satisfaction of any subordinate attachment lien or execution lien pursuant to Code Civ. Proc. 701.040(b)[Deerings] if notice of the levy of attachment or execution is received before distribution of the proceeds is completed. If requested by the foreclosing creditor, the holder of a subordinate lien or encumbrance must furnish reasonable proof of his or her interest, and unless he or she does so, the foreclosing creditor need not comply with the demand [Health & Safety Code 18037.5(c)(3) (Deerings)]; Fourth, to the satisfaction of indebtedness secured by all senior liens or encumbrances in the order of their priority as provided in Health & Safety Code 18105[Deerings], if with regard to a senior creditor written demand therefor is received by the foreclosing creditor before distribution of the proceeds is completed. If requested by the foreclosing creditor, the holder of a senior lien or encumbrance must furnish reasonable proof of his or her interest, and unless he or she does so, the foreclosing creditor need not comply with the demand [Health & Safety Code 18037.5(c)(4) (Deerings)]; and, Lastly, to the registered owner within 45 days after the sale is conducted if a surplus remains [Health & Safety Code 18037.5(c)(5) (Deerings)]. If a request for an accounting is made within one year of the sale, and an accounting was not automatically provided to the registered owner within 45 days after the sale of a mobilehome, the foreclosing creditor must provide the registered owner with a written accounting containing the gross sales proceeds and its allocation in accordance with Health & Safety Code 18037.5(c) [Deerings]. In the event any surplus is paid to the registered owner under Health & Safety Code 18037.5(c)(5) [Deerings], the foreclosing creditor must furnish such an accounting whether or not requested by the registered owner [Health & Safety Code 18037.5(d) (Deerings)]. [6] Deficiency After Forced Sale No deficiency judgment lies in any event after the sale of any mobilehome subject to registration under Health & Safety Code 18000 et seq.[Deerings] for failure of the purchaser to complete his or her sale contract given to the seller to secure payment of the balance of the purchase price of the mobilehome. However, this provision does not apply if there is substantial damage to the mobilehome other than wear and tear from normal usage [Health & Safety Code 18038.7 (Deerings)]. There may be a split in authority regarding whether Health & Safety Code 18038.7[Deerings] applies to a lender who is not a seller. The predecessor to Health & Safety Code 18038.7[Deerings], former Civil Code 2983.8[Deerings], which had identical language, was held sufficiently similar to Code Civ. Proc. 580b[Deerings], which applies to lenders and sellers of real property, to prohibit a deficiency judgment after the sale of a mobilehome for failure to complete the conditional sales contracts. Its effect was to prohibit the lender from waiving the security and suing for the balance due on the contract. The lenders sole remedy was to repossess the mobilehome [Bank of Sonoma County v. Dorries (1986) 185 Cal. App. 3d 1291, 1293-1294, 230 Cal. Rptr. 459]. In 1988, Health & Safety Code 18038.7[Deerings] was held not to apply to lenders because it specifically refers to a sales contract given to the seller and not to lenders, whereas Code Civ. Proc. 580b[Deerings] refers to both sellers and lenders [Security Pacific Nat. Bank v. Casavant (1988) 205 Cal. App. 3d 127, 130-132, 252 Cal. Rptr. 175]. This court noted, however, that Bank of Sonoma might be distinguishable because it appeared that the bank enforcing the loan in that case may have been the assignee of a conditional seller [Security Pacific Nat. Bank v. Casavant (1988) 205 Cal. App. 3d 127, 131 n.3, 252 Cal.

Rptr. 175]. 369.45 [1] Payment for Contractors Work: Defense of No License General Prohibition

A claim against a mobilehome owner for payment for on-site construction, installation, alteration, repair, or preparation for moving, of a residential mobilehome [see 369.11[1]] or an accessory building or structure, may be subject to the defense allowed by Bus. & Prof. Code 7031[Deerings]: that no person engaged in the business or acting in the capacity of a contractor may bring or maintain any action in any California court for the collection of compensation for the performance of any act or contract for which a license is required by the Contractors State License Law [ Bus. & Prof. Code 7000 et seq. (Deerings)] without alleging that he or she was a duly licensed contractor at all times during the performance of such act or contract. This prohibition does not apply to contractors who are each individually licensed under the Contractors State License Law but who jointly submit a bid or otherwise act in the capacity of a contractor within California without first having secured an additional license for acting in the capacity of such a joint venture or combination [ Bus. & Prof. Code 7029[Deerings], 7031 (Deerings)]. [2] Contractor Defined In this context contractor includes any person engaged in the business of the construction, installation, alteration, repair, or preparation for moving, of a mobilehome or its accessory buildings and structures, as defined in the mobilehomes law [see 369.11[1], [3]], on a site for the purpose of occupancy as a dwelling [ Bus. & Prof. Code 7027 (Deerings)]. Contractor also includes the manufacturer when engaged in on-site construction, alteration, or repair, of a mobilehome or mobilehome accessory building or structure, pursuant to specialized plans, specifications, or models, or any work other than in compliance with the manufacturers warranty [ Bus. & Prof. Code 7027 (Deerings)]. Contractor does not include the manufacturer or the seller under certain circumstances [ Bus. & Prof. Code 7027(b)[Deerings], (c) (Deerings)]. [3] When License Is Not Required A license is not required by the Contractors State License Law for the following kinds of work: Installation of any finished products, materials, or articles of merchandise, which do not become a fixed part of the mobilehome or mobilehome accessory building or structure [see Bus. & Prof. Code 7045(a)[Deerings] (also providing that the term finished products does not include installed carpets)]; Any construction, alteration, improvement, or repair of personal property not within the definition of mobilehome or mobilehome accessory building or structure under the mobilehomes law [see Bus. & Prof. Code 7046 (Deerings)]; and, Any work or operation on one undertaking or project by one or more contracts when (1) the aggregate contract price for labor, materials, and all other items, is less than $500, (2) the work is not merely a part of a larger or major operation undertaken by the same or a different contractor, (3) the work was not divided into contracts for amounts less than $500 for the purpose of qualifying for this exemption, and (4) the person performing the work has not advertised or otherwise indicated to the public that he or she is a contractor or that he or she is qualified to engage in the business of a contractor [see Bus. & Prof. Code 7048 (Deerings)]. 369.46 Undercarriage The owner of a mobilehome [see 369.11[1][c]] may remove or cause to be removed the towbar, wheels, wheel hubs, or axles [Health & Safety Code 18550.5(a) (Deerings)]. A dealer may remove these items only if removal is in accordance with the purchase document and the statutory requirements of Health & Safety Code 18035.3[Deerings] pertaining to a purchase document [Health & Safety Code 18550.5(b) (Deerings)]. A manufacturer may deliver a mobilehome to a dealer without these items if the manufacturer complies with the provisions of Health & Safety Code 18032[Deerings] (requiring a label on the mobilehome [see 369.21[8]])

[Health & Safety Code 18550.5(c) (Deerings)]. 369.47 [1] Mobilehome Accessory Buildings and Structures and Building Components Definitions and Standards

A mobilehome accessory building or structure is an awning, cabana, ramada, storage cabinet, storage building, private garage, carport, fence, windbreak or porch, or any residential building or structures established for the use of the occupant of a manufactured home, mobilehome, or recreational vehicle on a lot [Health & Safety Code 18213[Deerings]; see 25 Cal. Code Reg. 1002 (definitions of awning, cabana, ramada, storage cabinet, storage building, garage, carport, fence, windbreak, and porch); see also 369.11[3]]. A mobilehome building component is any subsystem, subassembly, or other system designated for use in, or as part of, a structure, including structural, electrical, mechanical, plumbing, and fire-protection systems and other systems affecting health and safety [25 Cal. Code Reg. 1002]. Pursuant to legislative mandate in the Mobilehome Parks Act [Health & Safety Code 18200 et seq. (Deerings)] to provide for the construction, location, and use of mobilehome accessory buildings or structures to protect the health and safety of the occupants and the public [Health & Safety Code 18552 (Deerings)], the Department of Housing and Community Development has prescribed standards for the construction, use, maintenance, and occupancy of mobilehome accessory buildings or structures and building components located on a lot accommodating a mobilehome. These standards [see 25 Cal. Code Reg. 14221520] purportedly apply to mobilehome accessory buildings and structures and building components whether in or outside a mobilehome park [see 25 Cal. Code Reg. 1422]. However, the governing statute [Health & Safety Code 18552 (Deerings)] is part of an enactment generally limited to policies regarding mobilehome parks and, unlike other statutes in that Act [see, e.g., Health & Safety Code 18550 (Deerings)], does not show a legislative intent to reach outside mobilehome parks. [2] In Mobilehome Parks The operator of a mobilehome park [see 369.11[2]] may not permit a mobilehome accessory building or structure or building component to be constructed, installed, used, or maintained in the mobilehome park unless it is constructed, installed, used, or maintained in accordance with the requirements of applicable regulations [25 Cal. Code Reg. 1102(d), 1424(a); see 25 Cal. Code Reg. 1422-1520]. No person may erect, construct, reconstruct, install, relocate, or alter any accessory building or structure or building component within a mobilehome park without first obtaining a written construction permit from the enforcement agency [25 Cal. Code Reg. 1018(d) (excepting certain non-major kinds of work); see 369.11[4]]. Park operator approval is required on all applications for permits to construct, reconstruct, install, or alter a mobilehome accessory structure (or miscellaneous structure) located or proposed to be located within a mobilehome park [25 Cal. Code Reg. 1032(e)]. The park operator has complete discretion to withhold approval but would be liable for damages or subject to a judgment for other appropriate relief if withholding approval unreasonably constitutes breach of an agreement with the tenant [see 52 Ops. Cal. Atty. Gen. 153 (l969) (construing predecessor of 25 Cal. Code Reg. 1032(e))]. [3] Abatement Any mobilehome accessory structure or building, or building component, or portion thereof, or the premises on which it is located, in which there exists any of the conditions listed in 25 Cal. Code Reg. 1608(a)-(n) (e.g., inadequate sanitation, structural hazards, any nuisance, faulty weather protection) to an extent that endangers the life, limb, health, property, safety, or welfare of the occupants or the public is deemed to be substandard and a nuisance [25 Cal. Code Reg. 1608]. The registered owner of an accessory building or structure or building component that is constructed, altered, converted, used, or maintained in a manner that constitutes a violation of the regulations [25 Cal. Code Reg. 1000 et seq.] or any other

applicable provision of law is required to abate the violation [25 Cal. Code Reg. 1610(a)]. 369.48 369.49 369.50 369.51 369.52 369.53 369.54 369.55 369.56 369.57 369.58 369.59 D. 369.60 [1] [Reserved] [Reserved] [Reserved] [Reserved] [Reserved] [Reserved] [Reserved] [Reserved] [Reserved] [Reserved] [Reserved] [Reserved] Mobilehome Parks 369.60 Standards Standards Should Guarantee Residents Protection of Their Investment and Decent Living Environment

Because of the relatively permanent nature of residence in mobilehome parks [see 369.11[2][a]] and the substantial investment which a mobilehome represents, residents of mobilehome parks are entitled to live in conditions which assure their health, safety, general welfare, and a decent living environment, and which protect the investment of their mobilehomes [Health & Safety Code 18250 (Deerings)]. Standards and requirements established for construction, maintenance, occupancy, use, and design of mobilehome parks should guarantee mobilehome park residents maximum protection of their investment and a decent living environment [Health & Safety Code 18251 (Deerings)]. It is the purpose of the Mobilehome Parks Act [Health & Safety Code 18200 et seq. (Deerings)] to assure protection of the health, safety, and general welfare of mobilehome park residents [Health & Safety Code 18254 (Deerings)]. [2] Standards for Protection of Life and Property, Generally Standards prescribed by the Department of Housing and Community Development, pursuant to legislative mandate for the protection of life and property and to carry out the purposes of this part [Mobilehome Parks Act] cover construction, installation, alteration, repair, use and maintenance of electrical equipment and electrical wiring systems [Health & Safety Code 18670[Deerings]; 25 Cal. Code Reg. 1130-1190], fuel gas piping equipment and systems [Health & Safety Code 18690[Deerings]; 25 Cal. Code Reg. 1200-1236], and plumbing equipment and installations [Health & Safety Code 18630[Deerings]; 25 Cal. Code Reg. 1240-1284] within mobilehome parks. [3] Standards for Protection of Health and Safety Standards prescribed by the Department pursuant to legislative mandate to protect the health and safety of the occupants and the public cover construction, use, maintenance, and occupancy of mobilehome accessory buildings and structures in mobilehome parks [Health & Safety Code 18552[Deerings]; 25 Cal.

Code Reg. 1422-1520]. [4] Standards for Protection of Life and Property Against Fire Standards prescribed for the protection of life and property against fire in mobilehome parks [Health & Safety Code 18691(a) (Deerings)] cover hose connections for lots and a hydrant system for the park [25 Cal. Code Reg. 1300-1319] but do not apply to mobilehome parks constructed or approved for construction before January 1, 1966 [Health & Safety Code 18691(a)[Deerings], (c) (Deerings)]. Those standards include regular maintenance and periodic inspection and testing of fire hydrants [Health & Safety Code 18691(a) (Deerings)]. Other fire-prevention standards cover mobilehome accessory buildings and structures [25 Cal. Code Reg. 1442] in mobilehome parks. [5] Standards for Installation Standards are prescribed for the installation of mobilehomes on lots in mobilehome parks [25 Cal. Code Reg. 1320-1368] for the protection of life and property [Health & Safety Code 18613[Deerings]; see 369.37]. [6] Other Standards Other standards prescribed by the Department pursuant to authority given by the Mobilehome Parks Act cover the following: Construction and maintenance of swimming pools for public use [25 Cal. Code Reg. 1042 (incorporating standards set forth in California Building Code)]; Excavation and grading [25 Cal. Code Reg. 1045, 1116]; Lot identification [25 Cal. Code Reg. 1104]; Roadways and access to lots [25 Cal. Code Reg. 1106; see Health & Safety Code 18612 (Deerings)]; Park lighting [25 Cal. Code Reg. 1108; see Health & Safety Code 18602 (Deerings)]; and, Providing toilets, lavatories, and showers for public use [25 Cal. Code Reg. 1112; see Health & Safety Code 18640 (Deerings)]. [7] Alternatives to Prescribed Standards Materials, appliances, installations, devices, arrangements, and methods of construction not specifically prescribed by the Mobilehome Parks Act [Health & Safety Code 18200 et seq. (Deerings)] and implementing regulations [25 Cal. Code Reg. 1000 et seq.] may be used if the Department of Housing and Community Development determines that they are equivalent in quality, strength, effectiveness, fire resistance, durability, safety, and protection of life and health to those which are prescribed [Health & Safety Code 18305(a)[Deerings], (b) (Deerings)]. [8] Enforcement Powers The officers or agents of the enforcement agency [see 369.11[4]] may (1) enter public or private property to determine whether there exists any mobilehome park to which the Mobilehome Parks Act applies, and (2) enter and inspect all mobilehome parks, wherever situated, and inspect all accommodations, equipment, or paraphernalia used in connection therewith, and examine any registers of occupants maintained therein, to secure enforcement of the provisions of the Mobilehome Parks Act, building standards published in the State Building Standards Code relating to mobilehome parks, and other regulations promulgated pursuant to the Mobilehome Parks Act [Health & Safety Code 18400[Deerings]; see 25 Cal. Code Reg. 1000 et seq. (regulations)]. [9] Abatement of Violation If any mobilehome park is constructed, altered, converted, used, occupied, or maintained in violation of any provision of the Mobilehome Parks Act, or a building standard published in the State Building

Standards Code relating to mobilehome parks, or other regulations adopted by the Department of Housing and Community Development pursuant to Mobilehome Parks Act [see 25 Cal. Code Reg. 1000 et seq.], or any order or notice issued by the enforcement agency [see 369.11[4]] which allows a reasonable time to correct such violation, the enforcement agency may institute any appropriate action or proceeding to prevent, restrain, correct, or abate the violation [Health & Safety Code 18404(a) (Deerings)]. The superior court may make any order for which application is made pursuant to the Mobilehome Parks Act [Health & Safety Code 18404(b) (Deerings)]. 369.61 Location No enforcement agency may approve any mobilehome park [see 369.11[4]] fronting on any coastline, shoreline, river, or waterway, or on any lake or reservoir owned in whole or in part by any public agency, including the state, unless the city or county having jurisdiction over the property has determined that reasonable public access by fee or easement from public highways exists to such coastline, shoreline, river, waterway, lake, or reservoir [Health & Safety Code 18406[Deerings]; see also 369.75]. 369.62 [1] Construction Requirement to Obtain Construction Permit

A permit issued by the enforcement agency [see 369.11[4]] is required for construction of a mobilehome park [see 369.11[2][a]] or for construction of additional buildings or lots or alteration of buildings, lots, or other installations in an existing mobilehome park [Health & Safety Code 18500 (Deerings)]. However, a permit is not required for certain minor construction work [see 25 Cal. Code Reg. 1018(d)]. A permit may not be issued without evidence of compliance with the California Environmental Quality Act (CEQA) [Pub. Res. Code 21000 et seq.; 25 Cal. Code Reg. 1030, 1032(b); People v. Department of Housing & Community Dev. (1975) 45 Cal. App. 3d 185, 194, 119 Cal. Rptr. 266]. For detailed coverage of CEQA, see Ch. 418, Pollution and Environmental Matters, and California Environmental Law and Land Use Practice, Chs. 20-23 (Matthew Bender). [2] Refusal to Issue Permit Issuance of a construction permit for a mobilehome park is discretionary in part and ministerial in part. To the extent that grant or denial for the construction permit is governed by fixed design and construction specifications in statute or regulation, the official decision of conformity or nonconformity is ministerial. Conformity with the more generalized standards of the Mobilehome Parks Act, such as, whether or not the water supply is adequate and potable, the sewage disposal is satisfactory, the site is well-drained and graded, the lighting is sufficient, the suboptimum features call for use and occupancy restrictions are relatively personal decisions addressed to the sound judgment of the administrator. Because such decisions have great environmental significance relative to one physical site, and negligible significance in another, they require a large amount of discretion [People v. Department of Housing & Community Dev. (1975) 45 Cal. App. 3d 185, 193, 119 Cal. Rptr. 266 (distinguishing ministerial from discretionary permit decisions for purpose of environmental impact report requirements)]. However, the enforcement agency [see 369.11[4]] is not required by law to hold a hearing for presentation of evidence on which to base discretionary decisions in the permit process. Therefore, refusal of an application for a construction permit would not be reviewable under Code Civ. Proc. 1094.5[Deerings] in an administrative mandate proceeding. Refusal to issue a permit is a cause of action for a writ of mandate under Code Civ. Proc. 1085[Deerings]. If the refusal is based solely on alleged noncompliance with prescribed standards not involving agency discretion, the writ may direct issuance of the permit; that is, the court may override the agencys decision that standards have not been met. To the extent that the refusal to issue a permit is based on alleged noncompliance with standards involving agency discretion, the writ may direct issuance of the permit only on a showing of no substantial evidence to support a decision against the applicant (assuming compliance with non-discretionary standards). If the agency has failed or refused to

complete the permit process (e.g., has denied an application without considering the evidence), a writ of mandate may direct the agency to act. If there is a ground for issuing it, the writ must be issued, because damages are not recoverable [see Code Civ. Proc. 1086[Deerings]; Gov. Code 818.4[Deerings], 820.2[Deerings], 820.4[Deerings], 821.2[Deerings] (governmental immunities from liability for damages)]. For discussion of, and forms for use in, proceedings for writs of mandate, see Ch. 358, Mandate and Prohibition. [3] Refusal to Extend Permit Period A construction permit is good for six months, excluding any time when the holder is prevented by law from proceeding with the work [see People v. Department of Housing & Community Dev. (1975) 45 Cal. App. 3d 185, 200, 119 Cal. Rptr. 266]; but that period may be extended by the enforcement agency [see 369.11[4]] for a reasonable time [Health & Safety Code 18509 (Deerings)], provided work has actually been started [25 Cal. Code Reg. 1038(a)]. The Commission of Housing and Community Development has provided that extensions may be for six months at a time and that all construction permits expire two years from the date of issuance [25 Cal. Code Reg. 1038(a)]. The purpose of a statute providing an expiration date for a construction permit when work has not commenced is to prevent one from reserving land for future purposes when that person does not intend in good faith to presently commence the proposed use [Morgan v. County of San Diego (1971) 19 Cal. App. 3d 636, 641, 97 Cal. Rptr. 180; Upton v. Gray (1969) 269 Cal. App. 2d 352, 357, 74 Cal. Rptr. 783 (source of quoted words)]. Refusal to grant an extension must be based on this policy. If such a refusal exceeds the bounds of reason (in light of the policy), all circumstances being considered, it is arbitrary and may be reversed by a writ of mandate directing the enforcement agency to grant the requested extension [see Morgan v. County of San Diego (1971) 19 Cal. App. 3d 636, 640-642, 97 Cal. Rptr. 180 (judgment granting petition for writ, affirmed); see also 369.131]. If a permit is allowed to expire before construction is completed, permit fees (which may be substantial) are forfeited, and all work on the project must stop until a new permit is obtained [25 Cal. Code Reg. 1038(b), (c)]. In some cases the developers penalty might go beyond forfeiture of fees. If applicable standards or local zoning laws have been changed since the first permit was issued, the developer might find it very costly, or might be unable to qualify for another permit. (If the developer completes the project without a permit, it is doubtful that an operating permit would be issued [see 25 Cal. Code Reg. 1010; see also 369.63].) 369.63 [1] Operation Requirement to Obtain Operating Permit

A permit issued by the enforcement agency [see 369.11[4]] is required for operating a mobilehome park [see 369.11[2][a]] or any portion of a mobilehome park [Health & Safety Code 18500 (Deerings)]. An operating permit is issuable on completion of construction in compliance with applicable standards, and annually thereafter provided the existing permit is not suspended [Health & Safety Code 18505[Deerings], 18506 (Deerings)]. In the event of a change in ownership, an amended operating permit must be issued on proper application [Health & Safety Code 18507(a) (Deerings)]. [2] Refusal to Issue Permit Issuance of a mobilehome park operating permit probably is, like issuance of a construction permit, partly a ministerial function and partly a discretionary function [see 369.62[2]]. The procedure, however, does not involve a hearing for presentation of evidence; therefore, refusal to issue a permit is a cause of action for a writ of mandate directing issuance, under Code Civ. Proc. 1085[Deerings], and not an administrative decision reviewable in an administrative mandate proceeding under Code Civ. Proc. 1094.5[Deerings]. If the applicant qualifies for the permit and there has been abuse of discretion in refusing to issue it, the writ

must be issued, because damages are not recoverable [see Code Civ. Proc. 1086[Deerings]; Gov. Code 818.4[Deerings], 820.2[Deerings], 820.4[Deerings], 821.2[Deerings] (governmental immunities from liability for damages)]. [3] Suspension of Permit [a] Grounds for Suspension Violation of any provision of the Mobilehome Parks Act or of the permit is a ground for suspending the operating permit [Health & Safety Code 18510 (Deerings)]. Willful violation of any provision of the Mobilehome Parks Act, any implementing regulation, or any building standard published in the State Building Standards Code relating to mobilehome parks is a ground for suspending or revoking the operating permit [Health & Safety Code 18700 (Deerings)]. [b] Notice of Violation The suspension process begins with a notice of violation from the enforcement agency stating both the violation and that the permit will be subject to suspension unless the violation is corrected within 30 days [Health & Safety Code 18511 (Deerings)]. The notice must be served by posting a copy in a conspicuous place on the premises described in the permit and sending a copy, by registered mail with return receipt requested, to the person named in the permit at the address shown in the permit [Health & Safety Code 18512 (Deerings)]. Usually the notice is a letter. [c] Hearing The permit holder is entitled to a hearing on filing a written notice request [see 369.115] within 10 days after the day of mailing of the notice of violation [Health & Safety Code 18513 (Deerings)]. The hearing must commence within 10 days after the filing of the request for hearing, unless the enforcement agency grants the permit holders request for a postponement for a good and sufficient reason [Health & Safety Code 18515 (Deerings)]. At the hearing the permit holder is entitled to be heard and to show cause why the notice of violation should be modified or withdrawn [Health & Safety Code 18514 (Deerings)]. [d] Action by Enforcement Agency After the hearing the enforcement agency must sustain, modify, or withdraw the notice of violation, depending on the agencys finding as to whether or not the provisions of the Mobilehome Parks Act have been complied with [Health & Safety Code 18516 (Deerings)]. If the violation cited in the notice persists more than 30 days after the mailing and posting of the notice, the agency may suspend the operating permit [Health & Safety Code 18517 (Deerings)]. A suspended permit must be reinstated, or a new permit must be issued, on proof that the provisions of the Mobilehome Parks Act and of the suspended permit have been complied with [Health & Safety Code 18518 (Deerings)]. The agencys decision to suspend an operating permit and the proceedings leading to that decision are reviewable in an administrative mandate proceeding pursuant to Code Civ. Proc. 1094.5[Deerings]. For discussion of, and forms for use in, such a proceeding, see Ch. 474, Availability of Judicial Review of Agency Decisions, through Ch. 474C, Procedures in Reviewing Agency Decisions. [4] Operation of Mobilehome Park Is Business Activity [a] Acts of Unfair Competition Operation of a mobilehome park is a business activity for the purpose of enforcing state laws on unfair competition [see Bus. & Prof. Code 16600 et seq.[Deerings] (preservation and regulation of competition)]. Violations of the Mobilehome Parks Act [Health & Safety Code 18200 et seq. (Deerings)] and related sections of the Administrative Code [25 Cal. Code Reg. 1000 et seq.] constitute acts of unfair competition [People v. McKale (1979) 25 Cal. 3d 626, 632, 159 Cal. Rptr. 811, 602 P.2d 731]. When an interested person commences an action within four years after the cause of action accrues [see Bus. & Prof. Code 17208 (Deerings)], acts of unfair competition may be enjoined,

and restitution of money or property acquired through acts of unfair competition may be compelled [ Bus. & Prof. Code 17203 (Deerings)], in addition to any other relief that may appropriately be given [see Bus. & Prof. Code 17205 (Deerings)]. The defendant in an action by the attorney general, a district attorney, a city attorney, or a city prosecutor in addition to being enjoined, may be held liable for a civil penalty [see Bus. & Prof. Code 17204[Deerings] (authorization for suit by public attorney), 17206[Deerings], 17207[Deerings]; see Bus. & Prof. Code 17204.5[Deerings], 17206.5[Deerings] (authorizing San Jose city attorney to bring action, with consent of Santa Clara County District Attorney, until citys population reaches 750,000; then repealed)]. An additional penalty, which may be trebled, applies to actions brought by, on behalf of, or for the benefit of senior citizens or disabled persons to redress acts of unfair competition perpetrated against them [ Bus. & Prof. Code 17206.1[Deerings]; Civ. Code 3345[Deerings]; see Ch. 565, Unfair Competition, 565.10 et seq.]. The fact that enforcement of the Mobilehome Parks Act is the responsibility of the Department of Housing and Community Development or an analogous local agency [see 369.11[4]] does not preclude the attorney general, a district attorney, or a city attorney from alleging violations of the Act as acts of unfair competition in an action for injunction and civil penalty [People v. McKale (1979) 25 Cal. 3d 626, 632-634, 159 Cal. Rptr. 811, 602 P.2d 731]. Violations of the Mobilehome Residency Law [Civ. Code 798 et seq. (Deerings)] also constitute acts of unfair competition [see People v. McKale (1979) 25 Cal. 3d 626, 635, 159 Cal. Rptr. 811, 602 P.2d 731]. For a form of class action complaint by a mobilehome park tenant against the management, an injunction against future violations, and for restitution of moneys collected in violation of the Mobilehome Residency Law (such as, pet fees in violation of Civ. Code 798.33[Deerings] or guest fees in violation of Civ. Code 798.34[Deerings]), see 369.143. A mobilehome park is also a business for purposes of local business license laws, which actually are tax laws (designed to raise revenue) rather than regulatory laws [see Gov. Code 37101[Deerings] (authority for local taxation of businesses); 40 Ops. Cal. Atty. Gen. 241 (1962)]. [b] Discrimination Is Unlawful A mobilehome park is undoubtedly a business establishment under the Unruh Civil Rights Act and related statutes [Civ. Code 51-53[Deerings]; see People v. McKale (1979) 25 Cal. 3d 626, 637, 159 Cal. Rptr. 811, 602 P.2d 731]. A lot in a mobilehome park is probably a housing accommodation under the former Fair Housing Law [ People v. McKale (1979) 25 Cal. 3d 626, 637,159 Cal. Rptr. 811, 602 P.2d 731; see former Health & Safety Code 35700 et seq.[Deerings]; see also former Health & Safety Code 35710(f); see now Gov. Code 12900 et seq.[Deerings] (Californias Fair Employment and Housing Act)]. Mobilehome parks are specifically excepted from Civ. Code 51.2[Deerings], 51.3[Deerings], the age discrimination provisions of the Unruh Civil Rights Act [Schmidt v. Superior Court (1989) 48 Cal. 3d 370, 385-388, 256 Cal. Rptr. 750, 769 P.2d 932; see Civ. Code 51.3(c)(5)[Deerings] (dwelling does not include mobilehome)]. Other provisions of the Unruh Civil Rights Act, however, such as those prohibiting discrimination on the basis of religion or ancestry, presumably do apply to mobilehome parks [see People v. McKale (1975) 25 Cal. 3d 626, 637, 159 Cal. Rptr. 811, 602 P.2d 731 (decided before enactment of Civ. Code 51.3(c)(5)[Deerings])]. In addition, 42 U.S.C. 3602(k), 3605 prohibit exclusion of families with children under 18 years of age except in housing that qualifies as housing for older persons under 42 U.S.C. 3607(b)(2)(B), (C) [see Schmidt v. Superior Court (1989) 48 Cal. 3d 370, 376, 391, 256 Cal. Rptr. 750, 769 P.2d 932]. Unlawful discrimination by management in the operation of a mobilehome park would constitute unfair competition under Bus. & Prof. Code 17200[Deerings] [People v. McKale (1979) 25 Cal. 3d 626, 637, 159 Cal. Rptr. 811, 602 P.2d 731; see [a], above].

For discussion of, and forms for use in, actions based on violations of civil rights by business establishments and violations of the Fair Employment and Housing Act, see Chs. 116, Civil Rights: Discrimination in Business Establishments, and 117, Civil Rights: Housing Discrimination, respectively. 369.64 [1] Maintenance of Acceptable Conditions Responsible Persons

A person who is responsible must be available for the operation and maintenance of the mobilehome park [see 369.11[2][a]]. In every mobilehome park with 50 or more units, this person or his or her designee must reside in the mobilehome park and have knowledge of emergency procedures relative to utility systems and common facilities under the ownership and control of the owner of the park [Health & Safety Code 18603 (Deerings)]. The owner or operator of, or designated agent for, the mobilehome park is responsible for the safe operation and maintenance of all common areas, park-owned electrical, gas, and plumbing equipment and their installations, and all park-owned permanent buildings or structures, within the mobilehome park [25 Cal. Code Reg. 1102(a)]. The legal owner of the property, or the park owner or operator for properties or permanent buildings under their ownership or control, that is maintained in a manner that constitutes a violation of law, must abate the violation [25 Cal. Code Reg. 1610(b)]. The person responsible for the violation must cause it to be corrected within five days or within such longer period of time as may be allowed by the enforcement agency [25 Cal. Code Reg. 1611(a); see 369.11[4]]. [2] Abatement of Nuisance The owner or operator of a mobilehome park must abate any nuisance in the mobilehome park within five days, or within such longer period of time as may be allowed by the enforcement agency [see 369.11[4]], after the owner or operator has been given written notice to remove the nuisance. If the owner or operator fails to do so within that time, the district attorney of the county in which the mobilehome park, or the greater portion of the mobilehome park, is situated must bring a civil action to abate the nuisance in the superior court of the county in the name of the people of the State of California [Health & Safety Code 18402 (Deerings)]. The action may also be brought by the attorney general, the county counsel of the jurisdiction in which the park, or the greater portion of the park, is located, or a city attorney or city prosecutor if the park is located within the citys jurisdiction [Health & Safety Code 18402 (Deerings)]. In any action or proceeding to abate a nuisance in a mobilehome park, proof of either one of the following facts is sufficient for a judgment or order for the abatement of the operation of the mobile home park [Health & Safety Code 18403 (Deerings)]: A previous conviction of the owner or operator of a violation of the Mobilehome Parks Act or a building standard published in the State Building Standards Code relating mobilehome parks which constitutes a nuisance or failure on the part of the owner or operator to correct the violation after the conviction; or, The violation is the basis for the proceeding. The substantial failure of the management to provide and maintain physical improvements in the common facilities in good working order and condition is a public nuisance. Also, the substantial violation of a mobilehome park rule is a public nuisance. Notwithstanding the provisions of Civ. Code 3491[Deerings], such nuisances only may be remedied by a civil action or abatement [Civ. Code 798.87 (Deerings)]. A civil action may be brought by a park resident, the park management, or in the name of the people of California by the district attorney or county counsel of the jurisdiction in which the park, or the greater portion of the park, is located, the city attorney or city prosecutor if the park is located within the citys jurisdiction, or the attorney general [Civ. Code 798.87(c) (Deerings)]. [3] Abatement of Substandard Building Any building, structure, or portion thereof, or the premises on which it is located, in which there exists

any of the conditions listed in 25 Cal. Code Reg. 1605(a)-(n) (e.g., inadequate sanitation, structural hazards, any nuisance, faulty weather protection) to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof is substandard [25 Cal. Code Reg. 1605]. When a permanent building is maintained in a manner that constitutes a violation of law, the legal owner of the property, or the park owner or operator who has ownership or control over the building, must abate the violation [25 Cal. Code Reg. 1610(b)]. The person responsible for the violation must cause it to be corrected within five days or within such longer period of time as may be allowed by the enforcement agency [25 Cal. Code Reg. 1611(a); see 369.11[4]]. [4] Animal Control Dogs and other domestic animals are not permitted to run at large in the mobilehome park [25 Cal. Code Reg. 1608; see Health & Safety Code 18601 (Deerings)]. [5] Artificial Lighting In every mobilehome park there must be kept burning from sunset to sunrise sufficient artificial light to adequately illuminate every building containing public toilets and public showers, and the area or tract of land containing the mobilehome park [Health & Safety Code 18602[Deerings]; see 25 Cal. Code Reg. 1108]. [6] Debris Removal The park owner or operator may not permit waste paper, hay, grass, straw, weeds, litter, or combustible flammable waste, or rubbish of any kind, to remain on any roof or in any vacant lot, open space, or common area. Provisions must be made for the collection and safe disposal of such materials [25 Cal. Code Reg. 1120(b), (d)]. [7] Fire Prevention and Suppression In areas where fire department services are not available, the mobilehome park operator is responsible for instructing the park staff in the use of the parks fire protection equipment and the staff s specific duties in the event of fire [25 Cal. Code Reg. 1305]. A notice must be posted in a conspicuous place in the park showing all of the following: Telephone numbers of the fire department, police or sheriff s department, mobilehome park office, the person responsible for operation and maintenance of the park, and the enforcement agency [see 369.11[4]]; Locations of the nearest fire alarm box, if any, and the nearest public telephone; and, The parks street or highway address [25 Cal. Code Reg. 1122]. All fire protection or suppression equipment must be protected against freezing in any areas subject to freezing [25 Cal. Code Reg. 1314]. Tenants must keep the area under and around their mobilehomes free from an accumulation of refuse, rubbish, paper, leaves, brush, or other combustible material [25 Cal. Code Reg. 1120(a)]. [8] Trees and Driveways Park management is solely responsible for the trimming, pruning, or removal of any tree in the common areas of a mobilehome park [Civ. Code 798.37.5(b) (Deerings)]. With regard to trees on rental spaces in a mobilehome park, park management is solely responsible for trimming, pruning, or removing a tree on written notice by a homeowner or a determination by park management that the tree poses a specific hazard or health and safety violation [Civ. Code 798.37.5(a) (Deerings)]. In the case of a dispute over that assertion, the park management or a homeowner may request an inspection by the Department of Housing and Community Development or a local agency responsible for the enforcement of the Mobilehome Parks Act [Health & Safety Code 18200 et seq. (Deerings)] to determine whether there is a violation of that Act [Civ. Code 798.37.5(a) (Deerings)]. No homeowner may plant a tree within a mobilehome park without first

obtaining written permission from the management [Civ. Code 798.37.5(d) (Deerings)]. Park management is also solely responsible for the maintenance, repair, replacement, paving, sealing, and the expenses related to the maintenance of all driveways installed by park management, including repair of root damage to driveways and foundation systems [Civ. Code 798.37.5(c) (Deerings)]. However, homeowners are responsible for the maintenance, repair, replacement, paving, sealing, and the expenses related to the maintenance of a homeowner-installed driveway [Civ. Code 798.37.5(c) (Deerings)]. A homeowner may be charged for the cost of any damage to the driveway caused by an act of the homeowner or a breach of the homeowners responsibilities under the mobilehome park rules and regulations, so long as those rules and regulations are not inconsistent with the statutory requirements [Civ. Code 798.37.5(c) (Deerings)]. These provisions applicable to trees and driveways apply only to rental agreements entered into, renewed, or extended on or after January 1, 2001 [Civ. Code 798.37.5(f) (Deerings)]. [9] Utility Service Equipment and Connections [a] Operation and Maintenance Responsibilities The owner of the mobilehome park or the owners agent is responsible for the safe operation and maintenance of all electrical, gas, and plumbing equipment and installations in the mobilehome park, which are under the owners or agents ownership or control [25 Cal. Code Reg. 1604(a)]. Connections and installations used to supply gas, water, or electricity, and sewage connections, for mobilehomes must be maintained in accordance with the requirements for material, size, location, and capacity provided in applicable regulations [see 25 Cal. Code Reg. 1000 et seq.]. Connections and installations made before the effective date of any such requirement may continue in use if they are in compliance with requirements in effect at the date of being installed and if they are not found to be unsafe or unsanitary. If they are subject to damage by vehicles or other causes, all mobilehome lot utilities must be protected by posts, fences, or other permanent barriers [25 Cal. Code Reg. 1634]. [b] Drains and Sewers A mobilehome lot drain inlet must be gas-tight when not in use [25 Cal. Code Reg. 1254(b)] and must be provided with a trap if a unit is installed, or proposed to be installed, on the lot and its plumbing fixtures are not protected by approved traps and vents [25 Cal. Code Reg. 1258]. [c] Electricity Electrical equipment and installations must be maintained in safe operating condition, and calculated connected loads must not exceed the rated ampacity of such equipment and installations [see 25 Cal. Code Reg. 1188(a)]. In addition, all park or lot service equipment must be accessible by an unobstructed entrance or passageway and must have a working space in front of and centered on the service equipment [25 Cal. Code Reg. 1183]. Electrical installations or equipment disconnected by order of the enforcement agency [see 369.11[4]] pursuant to regulation [see 25 Cal. Code Reg. 1190(a)] must not be reenergized until a permit has been obtained to repair the installation or equipment and the work has been inspected and approved by the enforcement agency [25 Cal. Code Reg. 1190(b)]. [d] Natural Gas The operator of a mobilehome park natural gas piping system is responsible for complying with federal regulations [49 C.F.R. Parts 191, 192] implementing the Pipeline Safety Law of 1994 (49 U.S.C. 1971) [25 Cal. Code Reg. 1206]. Whenever a mobilehome lot gas riser outlet is not in use, it must be closed with an approved cap or plug to prevent accidental discharge of gas [25 Cal. Code Reg. 1220(d)]. Gas piping or equipment that has been disconnected by order of the enforcement agency [see 25 Cal. Code Reg. 1236(a)] must not be reconnected to a gas supply until a permit has been obtained to alter, repair, or reconstruct the gas piping and the completed work has been inspected and approved

by the enforcement agency [25 Cal. Code Reg. 1236(b)]. [e] Water Each mobilehome lot must be provided with a potable water lot service outlet [25 Cal. Code Reg. 1274(a)]. A separate water service shutoff valve must be installed in each lot water service outlet at each lot [25 Cal. Code Reg. 1274(c)]. [10] Interruption in Utility Service The management must provide, by posting notice on the mobilehomes of all affected homeowners and residents, at least 72 hours written advance notice of an interruption in utility service of more than two hours for the maintenance, repair, or replacement of facilities of utility systems over which the management has control within the park, provided the interruption is not due to an emergency. Emergency means the interruption of utility service resulting from an accident or act of nature, or cessation of service caused by other than the managements regular or planned maintenance, repair, or replacement of utility facilities [Civ. Code 798.42 (Deerings)]. The management is liable only for actual damages sustained by a homeowner or resident for a violation of the notice requirement [Civ. Code 798.42 (Deerings)]. This notice requirement also applies to the management of a mobilehome subdivision, cooperative, or condominium and of a resident-owned mobilehome park [Civ. Code 799.7 (Deerings)]. [11] Vehicular Traffic Control Regulations governing the parking of vehicles vary according to when the mobilehome park was constructed. For parks constructed before September 15, 1961, no vehicle parking may be allowed on roadways less than 22 feet in width. If vehicle parking is permitted on one side of the roadway, the roadway must be at least 22 feet wide. If vehicle parking is permitted on both sides of the roadway, the roadway must be no less than 30 feet in width [25 Cal. Code Reg. 1106(a)(2)]. For mobilehome parks constructed on or after September 15, 1961, no vehicle parking may be allowed on one-way, one-lane roadways less than 22 feet in width. If vehicle parking is permitted on one side of a one-lane roadway, that roadway must be a minimum of 22 feet in width. If vehicle parking is permitted on both sides of a one-lane roadway, the roadway must be at least 30 feet in width [25 Cal. Code Reg. 1106(b) (2)]. No vehicle parking may be allowed on two-lane, two-way roadways less than 32 feet in width. If vehicle parking is permitted on one side of a two-way roadway, the roadway must be at least 32 feet in width. If vehicle parking is permitted on both sides of a two-way roadway, the roadway must be at least 40 feet in width [25 Cal. Code Reg. 1106(b)(3)]. [12] Emergency Preparedness Plan Owners and operators of existing parks must adopt emergency preparedness plans by September 1, 2010 [Health & Safety Code 18603(b)(1) (Deerings)]. For parks constructed after September 1, 2010, the park owner or operator must adopt an emergency preparedness plan before the issuance of the permit to operate [Health & Safety Code 18603(b)(2) (Deerings)]. This requirement may be met by either (1) adopting the emergency procedures and plans approved by the Standardized Emergency Management System Advisory Board on November 21, 1997, entitled Emergency Plans for Mobilehome Parks, and compiled by the former Office of Emergency Services in compliance with the Governors Executive Order W-156-97, or any subsequent version; or (2) adopting a plan that is developed by the park management and is comparable to the procedures and plans set forth in item (1) [Health & Safety Code 18603(b)(3) (Deerings)]. For an existing park and for a new park constructed after September 10, 2010, before the issuance of the permit to operate, an owner or operator of a park must post notice of the emergency preparedness plan in the park clubhouse or in another conspicuous area within the mobilehome park, and provide to all existing residents and, on approval of tenancy, for all new residents thereafter, notice of how to access the plan as well as information on individual emergency preparedness from appropriate state or local agencies, including the California Emergency Management Agency [Health & Safety Code 18603(c) (Deerings)]. This may

be accomplished in a manner that includes distribution of materials and posting notice of the plan or information on how to access the plan via the internet [Health & Safety Code 18603(c)(2) (Deerings)]. The enforcement agency must determine whether park management is in compliance with the emergency preparedness requirements [Health & Safety Code 18603(d) (Deerings)]. A violation of Health & Safety Code 18603[Deerings] constitutes an unreasonable risk to life, health, or safety and must be corrected by park management within 60 days of notice of the violation [Health & Safety Code 18603(e) (Deerings)]. Every park must have a person who is familiar with the emergency preparedness plans for the park [Health & Safety Code 18603(a) (Deerings)]. 369.65 Entry Into Mobilehomes and Onto Mobilehome Lots The ownership or management of a mobilehome park [see 369.11[2]] may enter a mobilehome without the prior written consent of the occupant in case of emergency or when the occupant has abandoned the mobilehome [Civ. Code 798.26(b)[Deerings]; see Civ. Code 799.2.5[Deerings] (applicable to residentowned mobilehome parks)]. Additionally, the ownership or management has a right of entry on the land on which a mobilehome is situated (1) for maintenance of utilities, driveways, and trees; (2) for maintenance of the premises in accordance with the rules and regulations of the park when the homeowner or resident fails to so maintain the premises; and (3) for protection of the park at any reasonable time, but not in a manner or at a time that would interfere with the occupants quiet enjoyment [Civ. Code 798.26(a)[Deerings]; see Civ. Code 799.2.5[Deerings] (applicable to resident-owned mobilehome parks)]. In any other case, the ownership or management of a mobilehome park has no right of entry into a mobilehome without the prior written consent of the occupant. Such consent may be revoked in writing by the occupant at any time [Civ. Code 798.26(a)[Deerings]; see Civ. Code 799.2.5[Deerings] (applicable to resident-owned mobilehome parks)]. 369.66 [1] Rent, Fees, and Charges Limitations

A tenant in a mobilehome park [see 369.11[2][b]] may not be charged a fee for other than rent, utilities, and incidental reasonable charges for services actually rendered [Civ. Code 798.31 (Deerings)]. However, property taxes imposed on park land may be charged to residents [Cacho v. Boudreau (2007) 40 Cal. 4th 341, 345]. There was a split of authority on the question of whether an assessment or rent pass-through for capital improvements is a prohibited fee under Civ. Code 798.31[Deerings] or is a permitted form of rent. Interpretation of local rent control ordinances has been determinative in some of these cases [see Robinson v. City of Yucaipa (1994) 28 Cal. App. 4th 1506, 1512-1513, 34 Cal. Rptr. 2d 291 (permitted form of rent); Karrin v. Ocean-Aire Mobile Home Estates (1991) 1 Cal. App. 4th 1066, 1070-1073, 2 Cal. Rptr. 2d 581, overruled in part by Cacho v. Boudreau (2007) 40 Cal. 4th 341, 358, 53 Cal. Rptr. 3d 43 (prohibited fee)]. In other areas with no applicable rent control ordinance, the language of the lease itself has been determinative [see Vance v. Villa Park Mobilehome Estates (1995) 36 Cal. App. 4th 698, 705-706, 42 Cal. Rptr. 2d 723 (permitted form of rent); Dills v. Redwoods Associates, Ltd. (1994) 28 Cal. App. 4th 888, 893, 33 Cal. Rptr. 2d 838 (permitted form of rent)]. A homeowner may not be charged a fee for services actually rendered that are not listed in the rental agreement unless the homeowner has been given written notice thereof by the management at least 60 days before imposition of the charge. Those fees and charges must be separately stated on any monthly or other periodic billing to the homeowner. If the fee or charge has a limited duration or is amortized for a specified period, the expiration date must be stated on the initial notice and each subsequent billing to the homeowner while the fee or charge is billed to the homeowner [Civ. Code 798.32 (Deerings)]. A homeowner must not be charged a fee for obtaining a lease on a mobilehome lot for a term of 12 months or less, as the homeowner may request. A fee may be charged for a lease of more than one year if the fee is mutually agreed on by both the homeowner and management [Civ. Code 798.32 (Deerings)]. A homeowner may not be charged

a fee based on the number of members in his or her immediate family consisting of the homeowner, the homeowners spouse, their parents, their children, and their grandchildren under 18 years of age [Civ. Code 798.35 (Deerings)]. A homeowner may not be charged a fee for the enforcement of any of the rules and regulations of the park [Civ. Code 798.36 (Deerings)]. However, a reasonable fee may be charged by management for the maintenance of the land and premises on which the mobilehome is situated in the event the homeowner fails to do so in accordance with the rules and regulations of the park after written notification to the homeowner and the failure of the homeowner to comply within 14 days. The written notice must state the specific condition to be corrected and an estimate of the charges to be imposed by management if the services are performed by management or its agent [Civ. Code 798.36(a) (Deerings)]. The management may not charge or impose on a homeowner any fee or increase in rent that reflects the cost to the management of any fine, forfeiture, penalty, money damages, or fee assessed by a court of law against the management for violation of the Mobilehome Residency Law, including any related attorneys fees and costs incurred by the management [Civ. Code 798.39.5(a) (Deerings)]. In determining whether a homeowner has met the burden of proof in demonstrating that a fee or rent increase is in violation of Civ. Code 798.39.5[Deerings], a court must consider the remoteness in time of the assessment against the management [Civ. Code 798.39.5(b) (Deerings)]. Any provision in a rental agreement entered into, renewed, or modified on or after January 1, 1995, that permits a fee or increase in rent that reflects the cost to the management of any money damages awarded against the management for a violation of the Mobilehome Residency Law is void [Civ. Code 798.39.5(c) (Deerings)]. Management may also charge a reasonable fee if, in good faith, it has removed and stored a homeowners or residents personal property in order to bring the premises into compliance with park rules and regulations or with the Mobilehome Parks Act or its implementing regulations [Civ. Code 798.36(a)[Deerings], (b) (Deerings)]. Management must provide at least 14 days written notice of its intent to remove the personal property. The notice must (1) include a description of the property to be removed; (2) specify the rule, regulation, or code justifying the removal; and (3) provide an estimate of the charges to be imposed by management. The property to be removed may not include the mobilehome or its appurtenances or accessory structures [Civ. Code 798.36(b)(1) (Deerings)]. The homeowner or resident is responsible for reimbursing management the actual, reasonable costs of removing and storing the property [Civ. Code 798.36(b)(2) (Deerings)]. In addition, costs incurred by management in correcting the rules violation associated with the removal and storage of the property are deemed to be reasonable incidental service charges and may be collected pursuant to Civ. Code 798.56(e)[Deerings] if a notice of nonpayment of the removal and storage fees is personally served on the homeowner [Civ. Code 798.36(b)(2)[Deerings], (3) (Deerings)]. If the homeowner or resident does not claim the property within 60 days, the property is deemed abandoned and management may dispose of it in any manner. If the homeowner or resident claims the property but has not reimbursed management for storage costs, management may bill those costs in a monthly statement that constitutes notice of nonpayment, and the costs will become the obligation of the homeowner or resident. If a resident or homeowner communicates in writing his or her intent to abandon the property before 60 days has expired, management may dispose of the property immediately and no further storage charges may accrue [Civ. Code 798.36(b)(3) (Deerings)]. If management elects to dispose of the property by way of sale or auction and the funds received by management exceed the amount owed, it must refund the difference to the homeowner or resident within 15 days from the date of receipt [Civ. Code 798.36(b)(4) (Deerings)]. The refund must be delivered to the homeowner or resident by first-class mail postage prepaid to his or her address in the park or by personal delivery, and must include an accounting specifying the costs of removal and storage of the property incurred by management in correcting the rules violation and the amount of proceeds realized from the sale or auction [Civ. Code 798.36(b)(4) (Deerings)]. If a sale or auction of the property yields less than the costs incurred by management, the homeowner or resident is responsible for the difference. This amount will be deemed a reasonable incidental service charge and may be collected pursuant to Civ. Code 798.56(e)[Deerings] if a notice of nonpayment of the removal and storage fees is personally served on the homeowner [Civ. Code 798.36(b)(4) (Deerings)]. If management

elects to proceed under 798.36, it may not also terminate the tenancy pursuant to Civ. Code 798.56(d) [Deerings] [see 369.78[2]] based on the same specific violations. Management has the burden of proof that enforcement was undertaken in a nondiscriminatory, nonselective fashion [Civ. Code 798.36(b)(4) (Deerings)]. [2] Rent The management must give a homeowner written notice of any increase in the tenants rent at least 90 days before the date of the increase [Civ. Code 798.30 (Deerings)]. Notice of a rent increase to begin in less than 90 days is totally void; it is not effective to raise rent 90 days after the notice [Rich v. Schwab (1984) 162 Cal. App. 3d 739, 742-743, 209 Cal. Rptr. 417]. [3] Rent Control Local mobilehome park rent control ordinances coupled with state statutory restrictions on eviction of mobilehome park residents do not constitute a physical taking of the property of the mobilehome park owner. The effect of the ordinance that tenants have the right to occupy the site at below market rents indefinitely does not constitute a physical taking because the government does not require the landowner to submit to physical occupation of its property. The mobilehome park owner voluntarily rents the property to the tenants and has the right to get out of the mobilehome park business. The rent control laws merely regulate the use of the land by regulating the landlord-tenant relationship. Thus, the rent control ordinances are not invalid on the basis that they are a physical taking of the property. In reaching this holding, the United States Supreme Court expressly did not rule on the issue of whether there is a regulatory taking of the property [Yee v. City of Escondido (1992) 503 U.S. 519, 527-532, 112 S. Ct. 1522, 118 L. Ed. 2d 153]. In Guggenheim v. City of Goleta (9th Cir. 2010) (en banc) 638 F.3d 1111, 2010 U.S. App. LEXIS 25981, mobilehome park owners brought a facial takings challenge to the city mobilehome rent control ordinance. The parks were located in an unincorporated part of the county that was later incorporated in the City of Goleta, and had been subject to the county mobilehome rent control ordinance before incorporation of the city and after the city adopted the county ordinance. The Ninth Circuit originally held that the park owners had alleged a taking claim under the factors set forth in Penn Central Transportation Co. v. New York City (1978) 438 U.S. 104, 98 S. Ct. 2646, 57 L. Ed. 2d 631 (factors to consider in determining whether regulatory taking occurred are (1) the economic impact of the regulation on the claimant; (2) the extent to which the regulation has interfered with investment backed expectations; and (3) the character of the governmental action). The Ninth Circuit subsequently granted rehearing en banc. The en banc court vacated the earlier decision and affirmed the district court grant of summary judgment for the city. The en banc court assumed, without deciding, that the claim was ripe. The en banc court also assumed, without deciding, that a facial challenge can be made under Penn Central. The court then held that the mobilehome rent control ordinance did not effect a taking of the park owners property. The government action at issue was the continuation of the old ordinance, and there was no interference with the park owners investment-backed expectations, because the mobilehome park had been subject to rent control under the county ordinance when the owners bought the park [Guggenheim v. City of Goleta (9th Cir. 2010) (en banc) 638 F.3d 1111, 2010 U.S. App. LEXIS 25981]. Guggenheim also rejected the park owners claims that the ordinance denied them substantive due process because it did not assure them a fair return on their investment, and that it denied them equal protection of the law because it treated mobilehome park owners differently from other landlords. The court observed that due process claims can succeed when a rent control ordinance fails to substantially further a legitimate government interest. However, the court was bound by precedent establishing that rent control laws do have a rational basis [Guggenheim v. City of Goleta (9th Cir. 2010) (en banc) 638 F.3d 1111, 2010 U.S. App. LEXIS 25981; Pennell v. City of San Jose (1988) 485 U.S. 1, 13, 108 S. Ct. 849, 99 L. Ed. 2d 1; Equity Lifestyle Props., Inc. v. County of San Luis Obispo (9th Cir. 2008) 548 F.3d 1184, 1194 (The Supreme Court and this Circuit have upheld rent control laws as rationally related to a legitimate public purpose)]. The park owners equal protection theory was also foreclosed by precedent [Equity Lifestyle Props., Inc. v. County of San Luis Obispo

(9th Cir. 2008) 548 F.3d 1184, 1195] and would have no force even if it was not, because only a rational basis was needed for the ordinance, and mobile parks differ from most other property in the separation of ownership of the land from the improvements affixed to the land [Guggenheim v. City of Goleta (9th Cir. 2010) (en banc) 638 F.3d 1111, 2010 U.S. App. LEXIS 25981]. Physical takings and regulatory takings are further discussed in Ch. 247, Eminent Domain and Inverse Condemnation. Rent control, in the landlord tenant context generally, is covered in Ch. 335, Landlord and Tenant: Rent Control. [4] Rental Agreements Exempt From Rent Control Newly constructed spaces initially held out for rent after January 1, 1990, are exempt from any ordinance, rule, regulation, or initiative measure adopted by any city or county, that establishes a maximum amount that a landlord may charge a tenant for rent [Civ. Code 798.45[Deerings]; see Civ. Code 798.7[Deerings] (definition of new construction); for discussion of rent control regulations generally, see Ch. 335, Landlord and Tenant: Rent Control]. In addition, rental agreements on existing spaces are exempt from any ordinance, rule, regulation, or initiative measure adopted by any local governmental entity that establishes a maximum amount that a landlord may charge a tenant for rent if the criteria of Civ. Code 798.17(b)[Deerings] are met. The terms of an exempt rental agreement prevail over conflicting provisions of any ordinance, rule, regulation, or initiative measure limiting or restricting rents in mobilehome parks only during the term of the rental agreement or one or more uninterrupted, continuous extensions of the rental agreement. 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 is the base rent for purposes of applicable provisions of law concerning rent regulation [Civ. Code 798.17(a)(1) (Deerings)]. Provisions of a local rent control ordinance regulating the renewal by existing tenants of rent controlexempt leases have been held to be preempted by Civ. Code 798.17[Deerings] of the Mobilehome Residency Law [Mobilepark West Homeowners Assn. v. Escondido Mobilepark West (1995) 35 Cal. App. 4th 32, 46-47, 41 Cal. Rptr. 2d 393]. The first sentence of the first paragraph of a rental agreement entered into under Civ. Code 798.17[Deerings] must contain a provision notifying the homeowner that the agreement will be exempt from any ordinance, rule, regulation, or initiative measure adopted by any local governmental entity that establishes a maximum amount that a landlord may charge a tenant for rent [Civ. Code 798.17(a)(2) (Deerings)]. Rental agreements subject to Civ. Code 798.17(a)[Deerings] must meet all of the following criteria [Civ. Code 798.17(b) (Deerings)]: The rental agreement must be in excess of 12 months duration; The rental agreement must be entered into between the management and a homeowner for the latters personal and actual residence; The homeowner must have at least 30 days from the date the rental agreement is first offered to accept or reject it; and, A homeowner who executes a rental agreement offered pursuant to Civ. Code 798.17[Deerings] may void the agreement by notifying management in writing within 72 hours of the homeowners execution of the agreement. A rental agreement entered into on or after January 1, 1993, must not have a provision that authorizes automatic extension or renewal of, or automatically extends or renews, the rental agreement for a period beyond the initial stated term at the sole option of either management or the homeowner [Civ. Code 798.17(g) (Deerings)]. At the time the rental agreement is first offered to the homeowner, the management must provide written notice to the homeowner of the homeowners right (1) to have at least 30 days to inspect the rental agreement, and (2) to void the rental agreement by notifying management in writing within 72 hours of the acceptance of

a rental agreement. Managements failure to provide the written notice makes the rental agreement voidable at the homeowners option on the homeowners discovery of the failure. The receipt of any written notice provided pursuant to Civ. Code 798.17(f)[Deerings] must be acknowledged in writing by the homeowner [Civ. Code 798.17(f) (Deerings)]. The homeowner may reject the offered rental agreement and, instead, accept a rental agreement for a term of 12 months or less from the date the offered agreement begins [Civ. Code 798.17(c)[Deerings]; see also Civ. Code 798.18[Deerings] (rental agreements for 12 months or less)]. For discussion of rental agreements for 12 months or less, see 369.70 (Space Rental Agreement). If the homeowner elects to have a rental agreement for 12 months or less, including a month-to-month tenancy, the rental agreement must provide the same rental charges, terms, and conditions as a rental agreement offered under Civ. Code 798.17(b) [Deerings] (discussed above), during the first 12 months, except for options contained in the offered rental agreement to extend or renew the agreement [Civ. Code 798.17(c) (Deerings)]. Civ. Code 798.17(c)[Deerings] does not prohibit the park management from offering gifts of value, other than rental rate reductions, to homeowners who execute a rental agreement subject to Civ. Code 798.17[Deerings] [Civ. Code 798.17(d) (Deerings)]. With regard to any space in a mobilehome park that is exempt from rent control under Civ. Code 798.17(a)[Deerings], and notwithstanding any ordinance, rule, regulation, or initiative measure, a mobilehome park may not be assessed any fee or other exaction for a park space that is exempt under Civ. Code 798.17(a)[Deerings] imposed in accordance with any ordinance, rule, regulation, or initiative measure. No other fee or other exaction may be imposed for an exempt park space for the purpose of defraying the cost of administration thereof [Civ. Code 798.17(e) (Deerings)]. Civ. Code 798.17[Deerings] does not apply to or supersede other provisions of Part Two of the Civil Code ( Civ. Code 755 et seq.[Deerings]) or other state law [Civ. Code 798.17(n) (Deerings)]. Notwithstanding the provisions of Civ. Code 798.17[Deerings], and subject to certain statutory exceptions [see Civ. Code 798.21(f) (Deerings)], if a mobilehome space within a mobilehome park is not the principal residence of the homeowner and the homeowner has not rented the mobilehome to another party, it is exempt from any ordinance, rule, regulation, or initiative measure adopted by any city, county, or city and county, which establishes a maximum amount that the landlord may charge a tenant for rent [Civ. Code 798.21(a) (Deerings)]. [5] Separate Charge for Rent Control Fees A city or county that administers an ordinance, rule, regulation, or initiative measure that establishes a maximum amount that management may charge a tenant for rent must permit the management to separately charge a homeowner for any of the following [Civ. Code 798.49(a) (Deerings)]: The amount of any fee, assessment, or other charge first imposed by any local, state, or federal government on or after January 1, l995, on the space rented by the homeowner; The amount of any increase on or after January 1, 1995, in an existing fee, assessment, or other charged imposed by any governmental entity on the space rented by the homeowner; and, The amount of any fee, assessment, or other charge imposed or increased on or after January 1, 1993, pursuant to any state or locally mandated program relating to housing in the Health and Safety Code. The amount of any of the authorized fees, assessments, or other charges listed above must be separately stated on any billing to the homeowner [Civ. Code 798.49(c) (Deerings)]. If management has charged the homeowner for a fee, assessment, or other charge that was increased or first imposed on or after January 1, 1993, and the fee, assessment, or other charge is decreased or eliminated thereafter, the charge to the homeowner must be decreased or eliminated accordingly [Civ. Code 798.49(b) (Deerings)]. Any change in the amount of a fee, assessment, or other charge listed above must be considered when determining any rental adjustment under the local ordinance [Civ. Code 798.49(c) (Deerings)]. The right to charge for rent control fees does not apply to the following [Civ. Code 798.49(d) (Deerings)]: Fees, assessments, or charges imposed under the Mobilehome Parks Act unless specifically authorized by Health

& Safety Code 18502[Deerings]; Those costs that are imposed on management by a court in accordance with Civ. Code 798.39.5[Deerings]; Any fee or other exaction imposed on management for the specific purpose of defraying the cost or administration of any ordinance, rule, regulation, or initiative measure that establishes a maximum amount that management may charge for rent; and, Any tax imposed on the property by a city or county. Those fees and charges must be separately stated on any monthly or other periodic billing to the homeowner. If the fee or charge has a limited duration or is amortized for a specified period, the expiration date must be stated on the initial notice and each subsequent billing to the homeowner while the fee or charge is billed to the homeowner [Civ. Code 798.49(e) (Deerings)]. The Mobilehome Residency Law does not preempt local rent control ordinances insofar as they allow mobilehome park owners to separately charge park residents for property taxes imposed on mobilehome park land [Cacho v. Boudreau (2007) 40 Cal. 4th 341, 345, 53 Cal. Rptr. 3d 43, 149 P.3d 473]. Civ. Code 798.49(a)[Deerings] (rent control ordinance must allow park owners to pass through government fees and assessments) can be harmonized with Civ. Code 798.31[Deerings] (mobilehome park owner may not charge park residents for anything other than rent, utilities, or reasonable service charges) by construing the separate charges for governmental assessments and fees under 798.49(a) as a permissible component of the total rent. This conclusion is not inconsistent with Civ. Code 798.49(d)[Deerings] ( Civ. Code 798.49[Deerings] shall not apply to property taxes) because 798.49(d) means only that local rent control agencies are not required to allow park owners to separately charge park residents for property taxes, not that they are prohibited from doing so. The effect of the exclusion is to preserve the authority of local rent control agencies to deal with property taxes as a pass-through item, like the assessments and fees listed in Civ. Code 798.49(a)[Deerings], as a factor to be considered in periodic discretionary adjustments of base rent, or as both [Cacho v. Boudreau (2007) 40 Cal. 4th 341, 354, 53 Cal. Rptr. 3d 43, 149 P.3d 473]. [6] Separate Billing for Utilities If the park management elects to bill a homeowner separately for utilities [see 369.66[11]], the separately billed utility fees and charges are not deemed to be included in the rent charged under the rental agreement and are not deemed to be rent or a rent increase for purposes of any ordinance, rule, regulation, or initiative measure that establishes a maximum amount that a landlord may charge a tenant for rent, provided that, at the time of the initial separate billing of the utility fees and charges, the rent chargeable under the rental agreement or the base rent chargeable under the terms of a local rent control provision is simultaneously reduced by an amount equal to the fees and charges separately billed. The amount of this reduction must be equal to the average amount charged to the park management for that utility service for that space during the 12 months immediately preceding notice of the commencement of the separate billing for that utility service [Civ. Code 798.41(a) (Deerings)]. Civ. Code 798.41[Deerings] does not apply to rental agreements entered into before January 1, 1991, until extended or renewed on or after that date [Civ. Code 798.41(b) (Deerings)]. Those fees and charges must be separately stated on any monthly or other periodic billing to the homeowner. If the fee or charge has a limited duration or is amortized for a specified period, the expiration date must be stated on the initial notice and each subsequent billing to the homeowner while the fee or charge is billed to the homeowner [Civ. Code 798.41(d) (Deerings)]. [7] Security Deposit A security deposit may be required only on or before the initial occupancy. The deposit may not be in an amount or value in excess of two months rent that is charged at the inception of the occupancy, in addition to the first months rent [Civ. Code 798.39(a) (Deerings)]. Any security deposit collected on or after January 1, 1989, must be refunded to the homeowner if he or she has promptly paid, within five days of the date the amount is due, all rent, utilities, and reasonable service charges for any consecutive 12-month period after the collection of the deposit or resale of the mobilehome, whichever occurs first. The homeowner must make a written request for the refund, and it must be made within 30 days of the end of the 12-month period or the date of the mobilehomes resale [Civ. Code 798.39(b) (Deerings)]. Management is not required to place any security deposit in an interest-bearing account or to provide a homeowner with

any interest on the security deposit [Civ. Code 798.39(f) (Deerings)]. For security deposits collected before January 1, 1989, the deposit must be refunded to the homeowner on the extension or renewal of the rental agreement or lease between the homeowner and the management, and on receipt of a written request from the homeowner. To be eligible for the refund, the homeowner must have paid, within five days of the due date, all of the rent, utilities, and reasonable service charges for the 12-consecutivemonth period preceding the receipt of the written request. The management must refund the security deposit within 60 days [Civ. Code 798.39(c) (Deerings)]. With regard to any security deposits collected before January 1, 1989, and not otherwise disbursed, in the event the mobilehome park is sold or transferred to any other party or entity, the selling park owner must deposit in escrow an amount equal to all security deposits held by the park owner. Also, the sellers escrow instructions must direct that on the close of escrow the security deposits deposited in escrow that were held by the selling park owner (including the escrow period) for 12 months or more, must be disbursed to the persons who paid the deposits to the selling park owner and promptly paid (within five days of their due date) all rent, utilities, and reasonable service charges for the 12-month period preceding the close of escrow [Civ. Code 798.39(d) (Deerings)]. Security deposits in escrow that were held by the selling park owner and were not required to be disbursed to the homeowner must be disbursed to the selling park owners buyer or other successor in interest. The buyer or other successor in interest then has the same legal obligations with regard to the security deposits as did the original, selling park owner. The required disbursement of security deposits may be made in escrow by a debit to the seller and a credit to the buyer or other successor in interest [Civ. Code 798.39(e) (Deerings)]. [8] Installation and Landscaping Fees A homeowner may not be charged a fee for entry, installation, hookup, or landscaping as a condition of tenancy, but reasonable landscaping and maintenance requirements may be included in the park rules and regulations [Civ. Code 798.37 (Deerings)]. Additionally, an actual fee or cost imposed by a local governmental ordinance or requirement directly related to the occupancy of the specific site on which the mobilehome is located and not incurred as a portion of the development of the mobilehome park as a whole may be charged [Civ. Code 798.37 (Deerings)]. The management may not require a homeowner or prospective homeowner to purchase, rent, or lease goods or services for landscaping, remodeling, or maintenance from any person, company, or corporation [Civ. Code 798.37 (Deerings)]. [9] Pet Fees No lease agreement entered into, modified, or renewed on or after January 1, 2001, may prohibit a homeowner from keeping at least one pet within the mobilehome park, subject to reasonable park rules and regulations [Civ. Code 798.33(a) (Deerings)]. For these purposes, pet means any domesticated bird, cat, dog, aquatic animal kept within an aquarium, or other animal as agreed to between the management and the homeowner [Civ. Code 798.33(c) (Deerings)]. A homeowner may not be charged a fee for keeping a pet in the park unless the management actually provides special facilities or services for pets. If special pet facilities are maintained by the management, the fee charged must reasonably relate to the cost of maintaining the facilities or services and the number of pets kept in the park [Civ. Code 798.33(b) (Deerings)]. [10] Guest Fees A homeowner may not be charged a fee for a guest who does not stay with the tenant for more than a total of 20 consecutive days or a total of 30 days in a calendar year. Such a guest will not be required to register with the management [Civ. Code 798.34(a) (Deerings)]. A homeowner who is living alone and who wishes to share his or her mobilehome with one person may do so, and a fee may not be imposed by management for that person. That person must be considered a guest of the homeowner, and any agreement between the homeowner and that person will not change the terms and conditions of the rental agreement between management and the homeowner. The guest must comply with the rules and regulations of the mobilehome park [Civ. Code 798.34(b) (Deerings)]. A homeowner in a park may share his or her mobilehome with any person over 18 years of age if that person is providing live-in health care, live-in supportive care, or supervision to the homeowner under a written treatment plan prepared by a physician or surgeon. A fee may not be charged by management for that person. That person has no rights of tenancy in the park, but must comply with all park rules and regulations [Civ. Code 798.34(c)

[Deerings], 799.9(a) (Deerings)]. A senior homeowner (a homeowner or resident who is 55 years of age or older) who resides in a mobilehome park that has implemented rules or regulations limiting residency based on age requirements for older persons [see Civ. Code 798.76[Deerings], 799.5 (Deerings)] may share his or her mobilehome with any person over 18 years of age if the person is a parent, sibling, child, or grandchild of the senior homeowner and requires livein health care, live-in-supportive care, or supervision under a written treatment plan prepared by a physician or surgeon. Management may not charge a fee for this person, and the person has no rights of tenancy in the park. However, the person must comply with park rules and regulations. Unless otherwise agreed on, park management is not required to manage, supervise, or provide for the persons care during his or her stay in the mobilehome park [Civ. Code 798.34(d)[Deerings], 799.9(b) (Deerings)]. [11] Utility Charges When the management provides both master-meter and submeter service of utilities to a tenant, for each billing period, the cost of the charges for the period must be separately stated along with the opening and closing readings for the meter. The management must post in a conspicuous place the prevailing residential utilities rate schedule as published by the serving utility [Civ. Code 798.40(a) (Deerings)]. If a third-party billing agent or company prepares utility billing for the park, management must disclose the name, address, and telephone number of the billing agent or company on each residents billing [Civ. Code 798.40(b) (Deerings)]. The management of a master-meter mobilehome park must give written notice to homeowners and residents in their utility billing statements by February 1 of each year about assistance to low-income persons for utility costs under the California Alternate Rates for Energy (CARE) program [Civ. Code 798.43.1(a) (Deerings)]. The full amount of the CARE program discount must be passed through to the qualified homeowners and residents in monthly utility billings. The discount must be noticed on the billing statement as either an itemized amount of the discount or as a notation on the statement that the homeowner or resident is receiving the CARE discount on the electric bill, the gas bill, or both the electric and gas bills [Civ. Code 798.43.1(c) (Deerings)]. When a rental agreement, including a rental agreement specified in Civ. Code 798.17[Deerings] [see [4], above], does not specifically provide otherwise, management may elect to bill a homeowner separately for utility service fees and charges assessed by the utility for services provided to or for spaces in the park [Civ. Code 798.41(a) (Deerings)]. Civ. Code 798.41[Deerings] applies to natural or liquid propane gas, electricity, water, cable television, garbage or refuse service, and sewer service [Civ. Code 798.41(a) (Deerings)]. Rental agreements, are not, however, required to provide for separate billings, and Civ. Code 798.41[Deerings] does not apply to rental agreements entered into before January 1, 1991, until extended or renewed on or after that date [Civ. Code 798.41(b)[Deerings], (c) (Deerings)]. For discussion of the effect of separate utilities billing on rental agreements, particularly rental agreements exempt from rent control, see [6], above. Whenever a homeowner is responsible for paying gas, water, or electric utility service, management must disclose to the homeowner any condition by which a gas, water, or electric meter on the homeowners site measures the service for common area facilities or equipment, including lighting, provided that management has knowledge of the condition [Civ. Code 798.43(a) (Deerings)]. Management must make this disclosure before the inception of the tenancy or on discovery, and must do either of the following [Civ. Code 798.43(a) (Deerings)]: Enter into a mutual written agreement with the homeowner for compensation by management for the cost of the portion of the service measured by the homeowners meter for the common area facilities to the extent that this cost accrues on or after January 1, 1991; or, Discontinue using the meter on the homeowners site for the utility service to the common area facilities and equipment. If the meter measures electricity for required lighting and the lighting provides lighting for the homeowners site, management must comply with the above requirement [Civ. Code 798.43(b)[Deerings]; see Health & Safety Code 18602[Deerings] (mandated lighting within mobilehome parks)]. The management of a park that does not permit mobilehome owners or park residents to purchase liquified petroleum gas for use in the mobilehome park from someone other than the management may not sell liquified petroleum gas to homeowners and residents at a cost which exceeds 110 percent of the actual price paid by the management for liquified petroleum gas [Civ. Code 798.44(a) (Deerings)]. If the management sells liquified

petroleum gas to homeowners and tenants under these circumstances, it must post in a visible location the actual price paid by the management for the liquified petroleum gas [Civ. Code 798.44(b) (Deerings)]. These requirements also apply when federal, state, or local laws or regulations, including requirements for setbacks between mobilehomes, prohibit homeowners or residents from installing their own liquefied petroleum gas supply tanks, even though the management of the mobilehome park permits mobilehome owners and park residents to buy their own liquefied petroleum gas [Civ. Code 798.44(e) (Deerings)]. However, in no way are the managements rights under Civ. Code 798.31[Deerings] [see [1], above] abrogated by the requirements set forth in this paragraph [Civ. Code 798.44(d) (Deerings)]. Owners of parks with mastered meters and submeters are prohibited from recovering utility expenses through rent increases [see Hillsboro Properties v. Public Utilities Commission (2003) 108 Cal. App. 4th 246, 256 257, 133 Cal. Rptr. 2d 343 (Public Utilities Commission exercised its ratemaking authority and did not exceed its jurisdiction in ordering-mobilehome park owner to recalculate its net operating income to exclude income and expenses from tenant gas and electricity usage and rent increases to exclude certain utility improvement costs); Rainbow Disposal Co. v. Escondido Mobilehome Rent Review Bd. (1998) 64 Cal. App. 4th 1159, 1168-1169, 75 Cal. Rptr. 2d 746]. [12] Liens Prohibited Management may not acquire a lien or security interest, other than an interest arising by reason of process issued to enforce a judgment of any court, in a mobilehome located in the park unless it is mutually agreed on by both the homeowner and management. Any billing and payment on the obligation must be kept separate from current rent [Civ. Code 798.38 (Deerings)]. [13] Notice of Zoning Management of a mobilehome park must give prospective tenants notice before the inception of the tenancy of both of the following [Civ. Code 798.27(a) (Deerings)]: The nature of the zoning permit under which the mobilehome park operates. If the mobilehome park is operating under a permit subject to a renewal or expiration date, the relevant information and dates must be included in the notice; and The duration of any lease of the mobilehome park, or any portion of any lease, in which the management is the lessee. If a change occurs concerning the zoning permit under which the park operates or a lease in which the management is a lessee, all tenants must be given written notice within 30 days of such change. Notification regarding the change of use of the park, or any portion of the park, is governed by Civ. Code 798.56(g)[Deerings] [Civ. Code 798.27(b)[Deerings]; see 369.73[2]]. [14] Notice of School Facilities Fee Under certain circumstances, management of a mobilehome park and management of a subdivision, cooperative, or condominium for mobilehomes must disclose in writing to prospective residents that their manufactured home or mobilehome may be subject to a school facilities fee. The disclosure must be made at the time of the prospective residents application for residency. The disclosure requirement extends to any person who proposes to purchase or install a manufactured home or mobilehome on a space, on which the construction of the pad or foundation system commenced after September 1, 1986, and no other manufactured home or mobilehome was previously located, installed, or occupied [Civ. Code 798.82[Deerings], 799.8 (Deerings)]. 369.67 Recreational Vehicles In any new mobilehome park that is developed after January 1, 1982, mobilehome spaces may not be rented for the accommodation of recreational vehicles as defined by Civ. Code 799.29[Deerings] unless the mobilehome park has a specifically designated area within the park for such vehicles that is separate and apart from the area designated for mobilehomes. Recreational vehicles may be located only in the specifically designated area [Civ. Code 798.22(a) (Deerings)]. The restriction does not apply until 75 percent of the spaces in the parks have been rented for the first time [Civ. Code 798.22(b) (Deerings)]. 369.68 Rules and Regulations [1] Amendments When management proposes an amendment to the parks rules and regulations, the management must meet

and consult with the homeowners in the park, their representatives, or both. Written notice setting forth the proposed amendment to the park rules and the date, time, and location of the meeting must be given to all the homeowners in the park 10 days or more before the meeting [Civ. Code 798.25(a) (Deerings)]. Following the meeting and consultation with the homeowners, the noticed amendment to the park rules and regulations may be implemented, as to any homeowner, with the consent of that homeowner, or without the homeowners consent on written notice of not less than six months. However, regulations applicable to recreational facilities may be amended without homeowner consent on written notice of not less than 60 days [Civ. Code 798.25(b) (Deerings)]. Written notice to a homeowner whose tenancy commences within the required period of notice of a proposed amendment to the parks rules and regulations constitutes compliance when the notice is given before the inception of the tenancy [Civ. Code 798.25(c) (Deerings)]. Any amendment to the parks rules and regulations that creates a new fee payable by the homeowner and that has not been expressly agreed on by the homeowner and management in the written rental agreement or lease is void and unenforceable [Civ. Code 798.25(e) (Deerings)]. When management proposes an amendment to the parks rules and regulations that is mandated by a change in the law, including a change in a statute, ordinance, or governmental regulation, it 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 on written notice of not less than 60 days [Civ. Code 798.25(d) (Deerings)]. The notice must include a citation to the statute, ordinance, or regulation, including the section number, that necessitates the proposed amendment to the parks rules and regulations [Civ. Code 798.25(d) (Deerings)]. [2] Applicability The parks owner and any park employee is subject to and must comply with all park rules and regulations to the same extent as residents and guests [Civ. Code 798.23(a) (Deerings)]. This requirement does not apply to any rule or regulation that governs the age of any resident or guest or to acts of an owner or employee that are undertaken to fulfill a park owners maintenance, management, and business operation responsibilities [Civ. Code 798.23(b) (Deerings)]. Any rule or regulation of a mobilehome park that (1) is unilaterally adopted by the management, (2) is implemented without the consent of the homeowners, and (3) by its terms purports to deny homeowners their right to a trial by jury or which would mandate binding arbitration of any dispute between management and homeowners is void and unenforceable [Civ. Code 798.25.5 (Deerings)]. [3] Injunction Against Violation A continuing violation of a rule or regulation of a mobilehome park may be enjoined by the management [see Civ. Code 798.88 (Deerings)]. For a form of petition for obtaining a temporary restraining order and permanent injunction and discussion of the procedure to obtain it, see 369.132. 369.69 Hours of Common Area Facilities Each common area facility must be open or available to residents at all reasonable hours, and the hours of the common area facilities must be posted at the facility [Civ. Code 798.24 (Deerings)]. A homeowner may not be required to pay a cleaning deposit or obtain liability insurance to use common area facilities for the purposes specified in Civ. Code 798.50[Deerings] (homeowners right to assemble and meet) and 798.51 (homeowners right to assemble and meet in park) [Civ. Code 798.51(b)[Deerings], (d) (Deerings)]. However, a liability insurance binder may be required if alcoholic beverages are to be served at any meeting or private function [Civ. Code 798.51(c) (Deerings)]. 369.70 Space Rental Agreement [1] Definitions Rental agreement means an agreement between the management of a mobilehome park [see 369.11[2][b]] and the homeowner that establishes the terms and conditions of a tenancy. A lease is a rental agreement [Civ. Code 798.8 (Deerings)]. Tenancy means the right of a homeowner to the use of a site within a mobilehome park on which to locate, maintain, and occupy a mobilehome [see 369.11[1][e]], site improvements, and accessory structures for human habitation, including the use of the services and facilities of the park [Civ. Code 798.12 (Deerings)]. [2] Required Contents of Rental Agreement

The rental agreement must be in writing and contain, in addition to the provisions otherwise required by law, certain specified provisions [see Civ. Code 798.15 (Deerings)]. The rental agreement may include such other provisions permitted by law [Civ. Code 798.16 (Deerings)]. [3] Requirement to Offer Rental Agreement for Specified Time A homeowner must be offered a rental agreement for one of the following [Civ. Code 798.18(a) (Deerings)]: A term of 12 months; A lesser period as the homeowner may request; or, A longer period as mutually agreed on by both the homeowner and the management. The agreement may not contain any terms or conditions with regard to charges for rent, utilities, or incidental reasonable service charges that would be different during the first 12 months of the agreement from the corresponding terms or conditions that would be offered to the prospective homeowner or homeowners on a monthto-month basis [Civ. Code 798.18(b) (Deerings)]. A rental agreement entered for a term of 12 months or less must not have a provision that authorizes automatic extension or renewal of, or automatically extends or renews, the rental agreement beyond the initial term for a term longer than 12 months at the sole option of either management or the homeowner [Civ. Code 798.18(c) (Deerings)]. [4] Copy of Lease or Rental Agreement Management must return an executed copy of the lease or rental agreement to the homeowner within 15 business days after management has received the lease or rental agreement signed by the homeowner [Civ. Code 798.16(b) (Deerings)]. [5] Waiver Prohibited No rental agreement for a mobilehome may contain a provision by which the homeowner waives his or her rights under Civ. Code 798-798.88[Deerings]. Any such waiver is deemed contrary to public policy and void [Civ. Code 798.19 (Deerings)]. [6] Membership in Restricted Club as Condition for Tenancy Is Prohibited Membership in any private club or organization that is a condition for tenancy in a park must not be denied on the basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, familial status, disability, or source of income [Civ. Code 798.20[Deerings]; see Gov. Code 12955(a)[Deerings], (d)[Deerings]; see also Gov. Code 12926[Deerings], 12926.1(m)[Deerings], 12955(p)(1)[Deerings], 12955.2[Deerings] (definitions)]. With regard to familial status, Civ. Code 798.20(a)[Deerings] may not be construed to apply to housing for older persons, as defined in Gov. Code 12955[Deerings]. Also with regard to familial status, nothing in 798.20(a) may be construed to affect Civ. Code 51.2[Deerings], 51.3[Deerings], 51.4[Deerings], 51.10[Deerings], 51.11[Deerings], and 799.5[Deerings], relating to housing for senior citizens. However, Civ. Code 51(d)[Deerings] and 1360[Deerings] (concerning requirements for building construction and alterations) and Gov. Code 12955(n)[Deerings], (o)[Deerings], and (p)[Deerings] (concerning financial status) do apply to 798.20(a) [Civ. Code 798.20(b) (Deerings)]. For discussion of, and forms for use in, actions based on violations of civil rights, see Ch. 116, Civil Rights: Discrimination in Business Establishments. 369.71 Tenant Meetings [1] Rights of Homeowner No provision in any mobilehome park rental agreement, rule, or regulation may deny or prohibit the right of any homeowner or resident to do any of the following [Civ. Code 798.51 (Deerings)]: Peacefully assemble or meet in the park, at reasonable hours and in a reasonable manner, for any lawful purpose. 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 in the park; Invite public officials, candidates for public office, or representatives of mobilehome owner organizations to meet with homeowners and speak on matters of public interest; Canvass and petition homeowners and residents for noncommercial purposes relating to mobilehome living, election to public office, or the initiative, referendum, or recall processes, at reasonable hours and in a reasonable manner, including the distribution or circulation of information; and, Display a political campaign sign relating to a candidate for election to public office or to the initiative, refer-

endum, or recall process. The sign may not exceed six square feet and may not be displayed for a period longer than 90 days before the election to 15 days following the election, unless a local ordinance within the jurisdiction where the mobilehome park is located imposes a more restrictive time period [Civ. Code 798.51(e)[Deerings], 799.10 (Deerings)]. It was the Legislatures intent in enacting the above provision to ensure that homeowners and residents of mobilehome parks have the right to peacefully assemble and freely communicate with one another and with others with regard to mobilehome living or for social or educational purposes [Civ. Code 798.50 (Deerings)]. Any homeowner or resident who is prevented by management from exercising the rights provided above may bring an action in a court of law to enjoin enforcement of any rule, regulation, or other policy that unreasonably deprives a homeowner or resident of those rights [Civ. Code 798.52 (Deerings)]. A park rule that management may close a park recreation hall at any time and exclude any park resident from the hall probably violates Civ. Code 798.51[Deerings] [see People v. McKale (1979) 25 Cal. 3d 626, 636-637, 159 Cal. Rptr. 811, 602 P.2d 731 (construing prior statute, former Civ. Code 789.5(e)[Deerings], which provided tenant meetings shall not be subject to prohibition by park management)]. Merely having (not to mention enforcing) such a rule is an act of unfair competition enjoinable under Bus. & Prof. Code 17203[Deerings] [People v. McKale (1979) 25 Cal. 3d 626, 634-637, 159 Cal. Rptr. 811, 602 P.2d 731]. [2] When Management Must Meet and Consult with Homeowners The management must meet and consult with the homeowners, on written request within 30 days of the request, either individually, collectively, or with representatives of a group of homeowners who have signed a request to be so represented on the following matters [Civ. Code 798.53 (Deerings)]: Resident concerns regarding existing park rules that are not subject to Civ. Code 798.25[Deerings] (notice requirement for amending park rules); Standards for maintenance of physical improvements in the park; Addition, alteration, or deletion of service, equipment, or physical improvements; and, Rental agreements exempt from rent control offered in accordance with Civ. Code 798.17[Deerings]. Any collective meeting may be conducted only after notice of the meeting has been given to all the requesting homeowners 10 days or more before the meeting [Civ. Code 798.53 (Deerings)]. 369.72 Termination of Tenancy by Homeowner A homeowner in a mobilehome park [see 369.11[2][b]] must give written notice to the management of not less than 60 days before vacating the tenancy [Civ. Code 798.59 (Deerings)]. 369.73 Termination of Tenancy by Management [1] Written Notice The management of a mobilehome park [see 369.11[2][b]] may not terminate or refuse to renew a tenancy except as permitted by the Mobilehome Residency Law [see [2], below] and on the giving of written notice to the homeowner in the manner prescribed by Code Civ. Proc. 1162[Deerings] (three-day notice in unlawful detainer case and like notices) to remove the mobilehome from the park within a period of not less than 60 days, which period must be specified in the notice [Civ. Code 798.55(b) (Deerings)]. A copy of the notice must be sent to the legal owner, as defined in Health & Safety Code 18005.8[Deerings], each junior lienholder as defined in Health & Safety Code 18005.3[Deerings], and the registered owner of the mobilehome if other than the homeowner, by United States mail within 10 days after notice to the homeowner. The copy may be sent by regular mail or by certified or registered mail with return receipt requested. If the homeowner has not paid the rent due within three days after notice to the homeowner and the first notice was not sent by certified or registered mail, a copy of the notice must again be sent to the legal owner, junior lienholder, and registered owner, by certified or registered mail with return receipt requested within 10 days after notice to the homeowner. Copies of the notice must be addressed to the legal owner, each junior lienholder, and the registered owner at their addresses, as set forth in the registration card specified in Health & Safety Code 18091.5[Deerings] [Civ. Code 798.55(b) (Deerings)]. The provisions of the Mobilehome Residency Law relating to termination of tenancy may not affect any rights or proceedings set forth in the forcible entry and detainer law [Code Civ. Proc. 1159-1179a (Deerings)] except as otherwise provided in Civ. Code 798.55-798.61[Deerings] [Civ. Code 798.60 (Deerings)].

For forms of notice, and for additional discussion and forms relating to the termination of tenancies in mobilehome parks, see Ch. 333, Landlord and Tenant: Eviction Actions, and California Legal Forms, Ch. 39, Mobilehome Parks (Matthew Bender). [2] Permissible Reasons A mobilehome park tenancy may be terminated by the management only for one or more of the following reasons: Violation of Law. The homeowner or resident has failed 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 [Civ. Code 798.56(a) (Deerings)]. Annoying Conduct. The homeowner or resident has engaged in conduct, on park premises, that constitutes a substantial annoyance to other homeowners or residents [Civ. Code 798.56(b) (Deerings)]. A mobilehome park was held to owe tenants both an implied and a contractual duty to preserve their quiet enjoyment of the premises, and was required to make a reasonable response to conduct by the plaintiffs neighbor that constituted a substantial annoyance. The Mobilehome Residency Law expressly preserves park owners ability to secure the quiet enjoyment of mobilehome park tenants by authorizing owners to pursue eviction or injunctive relief against offending tenants [Civ. Code 798.56(b)[Deerings], (d)[Deerings], 798.88[Deerings]; Andrews v. Mobile Aire Estates (2005) 125 Cal. App. 4th 578, 591-592, 22 Cal. Rptr. 3d 832]. Criminal Conduct. The homeowner or resident has been convicted of prostitution, an assault with a firearm on another person or on a peace officer or firefighter engaged in the performance of his or her duties [ Pen. Code 243(d)[Deerings], 245(a)(2)[Deerings], (b) (Deerings)], lewd or lascivious acts involving children [ Pen. Code 288 (Deerings)], arson [ Pen. Code 451 (Deerings)], or a felony controlled substance offense, and the act resulting in the conviction was committed on the premises of the mobilehome park, including but not limited to within the homeowners mobilehome. The tenancy may not be terminated for such conduct, however, if the person convicted of the offense has permanently vacated, and does not subsequently reoccupy, the mobilehome [Civ. Code 798.56(c) (Deerings)]. Violation of Park Rules. The homeowner or resident has failed to comply with a reasonable rule or regulation of the park as set forth in the rental agreement or any amendment thereto. No act or omission of the homeowner or resident may constitute such a failure to comply unless and until the management has given the homeowner written notice of the alleged violation and the homeowner or resident has failed to adhere to the rule or regulation within seven days [Civ. Code 798.56(d) (Deerings)]. If, however, 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 has violated that rule or regulation, no written notice is required for a subsequent violation of the same rule or regulation. The management has the obligation to demonstrate that a rule or regulation has in fact been violated [Civ. Code 798.56(d) (Deerings)]. Assuming compliance with statutory notice requirements, a guests violation of park rules and regulations may be attributed to the host homeowner or resident [see People v. McKale (1979) 25 Cal. 3d 626, 636, 159 Cal. Rptr. 811, 602 P.2d 731 (construing former Civ. Code 789.56(d)(3))]. Default. The homeowner has not paid rent, utility charges, or reasonable incidental service charges, provided that the amount due has been unpaid for at least five days from its due date, and provided that the homeowner must be given a three-day written notice to pay the amount due or to vacate the tenancy. The five-day period does not include the date payment is due. The three-day written notice must be given to the homeowner in the manner prescribed by Code Civ. Proc. 1162[Deerings] (as in unlawful detainer cases). A copy of the notice must be sent to the persons or entities described in Civ. Code 798.55(b)[Deerings] within 10 days after notice is delivered to the homeowner. If the homeowner cures the default, the notice need not be sent. Such notice may be given at the same time as the 60-day notice required for termination of the tenancy [Civ. Code 798.56(e)(1) (Deerings)]. Payment by the homeowner before the expiration of the three-day notice period cures the default with regard to such payment. In the event the homeowner does not pay prior to the expiration of the three-day period, the homeowner remains liable for all payments due up to the time the tenancy is vacated [Civ. Code 798.56(e) (2) (Deerings)]. Additionally, payment by the legal owner as defined in Health & Safety Code 18005.8[Deer-

ings], by any junior lienholder as defined in Health & Safety Code 18005.3[Deerings], or by the registered owner as defined in Health & Safety Code 18009.5[Deerings], if other than the homeowner, on behalf of the homeowner before the expiration of 30 calendar days following the mailing of the notice to the legal owner, each junior lienholder, and the registered owner will cure a default with regard to such payment [Civ. Code 798.56(e)(3) (Deerings)]. 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, may not be exercised more than twice during a 12-month period [Civ. Code 798.56(e)(4) (Deerings)]. If the homeowner has been given a three-day notice to pay the amount due or to vacate the tenancy on three or more occasions during the preceding 12-month period, no written three-day notice is required in the case of a subsequent nonpayment of rent, utility charges, or reasonable incidental service charges [Civ. Code 798.56(e)(5) (Deerings)]. Under these circumstances, the homeowner must still be given a 60-day notice to remove his or her mobilehome from the park, with copies sent to the legal owner, any junior lienholder and the registered owner of the mobilehome [Civ. Code 798.56(e)(5) (Deerings)]. Provided certain conditions are satisfied, any of these parties may have the right to cure the homeowners default [see Civ. Code 798.56(e)(6) (Deerings)]. Condemnation. The park is condemned [Civ. Code 798.56(f) (Deerings)]. Change of Use. There is a change of use of the park or the portion of the park where the tenants lot is located. Change of use means a use of the park for a purpose other than the rental, or the holding out for rent, of two or more mobilehome sites to accommodate mobilehomes used for human habitation. It does not mean the adoption, amendment, or repeal of a park rule or regulation. A change of use may affect an entire park or any portion thereof. 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 [Civ. Code 798.10 (Deerings)]. Change of use is not a permissible reason for terminating a tenancy unless all of the following conditions are met [Civ. Code 798.56(g) (Deerings)]: The management gives the tenants at least 15 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 for the mobilehome park; After all required permits requesting a change of use have been approved by the local governmental board, commission, or body, the parks management gives the homeowners six months or more written notice of termination of tenancy; If the change of use requires no local governmental permits, then notice must have been given 12 months or more before the managements determination that a change of use will occur. The management in the notice must disclose and describe in detail the nature of the change of use; The management has given written notice to each proposed tenant, before the inception of his or her tenancy, that the management is requesting a change of use before local governmental bodies or that a change of use request has been granted; and, If the proposed change of use actually occurs, notice of termination of tenancy must have been given as in other cases of termination of tenancy. The required report on the impact of the closure described in 369.41[2], must be given at the same time that notice is required under Civ. Code 798.56(g)[Deerings], as described above [Civ. Code 798.56(h) (Deerings)]. [3] Impermissible Reasons No tenancy may be terminated for the purpose of making a tenants site available for a person who purchased or proposes to purchase, or rents or proposes to rent, a mobilehome from the owner of the park or the owners agent [Civ. Code 798.58 (Deerings)]. 369.74 Delivery of Required Notices Unless otherwise specifically provided, all notices required by the Mobilehome Residency Law [Civ. Code 798 et seq. (Deerings)] must be either delivered personally to the homeowner or deposited in the United States mail, postage prepaid, addressed to the homeowner at his or her site within the mobilehome park [Civ. Code 798.14 (Deerings)].

369.75 Local Regulation: Zoning A city or county, within the reasonable exercise of its police power, may establish certain zones for mobilehome parks [see 369.11[2][a]] or may establish types of uses and locations, including family mobilehome parks and adult mobilehome parks as defined in the zoning ordinance, or may adopt rules and regulations by ordinance or resolution prescribing standards for park perimeter walls or enclosures on public street frontage, signs, access, and vehicle parking, or may prohibit certain uses of mobilehome parks [Health & Safety Code 18300(g)(1) [Deerings]; see, e.g., McKie v. Ventura County (1974) 38 Cal. App. 3d 555, 556-557, 113 Cal. Rptr. 143 (county ordinance restricting uses of mobilehomes upheld); Jones v. City Council (1971) 17 Cal. App. 3d 724, 727-730, 94 Cal. Rptr. 897 (granting of use permit to construct mobilehome park upheld); see also 369.41]. 369.76 State Employee Housing The provisions of the Mobilehome Residency Law ( Civ. Code 798 et seq.[Deerings]) do not apply to any area owned, operated, or maintained by the state for the purpose of providing employee housing or space for a mobilehome owned or occupied by an employee of the state [Civ. Code 798.13(a) (Deerings)]. However, a state employer must 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 under an 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 before terminating the tenancy for any reason [Civ. Code 798.13(b) (Deerings)]. 369.77 Renting or Subletting Home or Space Park management must permit a homeowner to rent his or her home, if it is the homeowners primary residence, or to sublet his or her space, 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 [Civ. Code 798.23.5(a)[Deerings], (b) (Deerings)]. The minimum term of the rental or sublease must be six months and the maximum term may not exceed 12 months, unless management approves a shorter or longer term [Civ. Code 798.23.5(b)(1) (Deerings)]. A homeowner may not charge a renter or sublessee more than an amount necessary to cover the cost of space rent, utilities, and scheduled loan payments on the mobilehome, if any [Civ. Code 798.23.5(c) (Deerings)]. The homeowner remains liable for the mobilehome park rent and other park charges [Civ. Code 798.23.5(b)(4) (Deerings)]. The management may require approval of a prospective renter or sublessee, subject to the process and restrictions applicable to prospective purchasers of mobilehomes under Civ. Code 798.74(a)[Deerings] [Civ. Code 798.23.5(b)(2) (Deerings)]. A prospective sublessee must comply with any rule or regulation limiting residency based on age requirements [Civ. Code 798.23.5(b)(2)[Deerings]; see Civ. Code 798.76[Deerings]; see also 369.31[9]]. In addition, the management may charge a prospective sublessee a credit screening fee for the actual cost of any personal reference check or consumer credit report [Civ. Code 798.23.5(b)(2) (Deerings)]. The renter or sublessee must comply with all park rules and regulations. Failure to comply with the rules and regulations may result in the termination of the homeowners tenancy in the mobilehome park, in accordance with Civ. Code 798.56[Deerings] [Civ. Code 798.23.5(b)(3)[Deerings]; see 369.73[2]]. A homeowners tenancy may not be terminated if the homeowner completes an action for unlawful detainer or executes a judgement for possession within 60 days of the homeowner receiving notice of termination of tenancy [Civ. Code 798.23.5(b) (3)[Deerings]; see Ch. 332, Landlord and Tenant: The Tenancy, 333.12 (unlawful detainer proceedings)]. Park management may require the homeowner to reside in the mobilehome park for a term of one year before management permits the renting or subletting of a mobilehome or mobilehome space [Civ. Code 798.23.5(b) (5) (Deerings)]. If a security deposit has been refunded to the homeowner in accordance with Civ. Code 798.39(b)[Deerings] or (c)[Deerings], the management may require the homeowner to resubmit a security deposit in an amount or value not to exceed two months rent in addition to the first months rent. Management may retain this security deposit for the duration of the term of the rental or sublease [Civ. Code 798.23.5(b)(6) (Deerings)]. The homeowner must keep his or her current address and telephone number on file with the management during the term of rental or sublease. If applicable, the homeowner may provide the name, address, and telephone number of his or her legal representative [Civ. Code 798.23[Deerings].5(b)(7)]. 369.78-369.89 [Reserved] PART III. RESEARCH GUIDE

369.90 Related Matthew Bender Publications [1] California Legal Forms Ch. 39, Mobilehomes Ch. 40, Mobilehome Parks [2] California Real Estate Law and Practice Ch. 77, Mobilehome Dealer Sales and Security Requirements Ch. 174, The Mobilehome Residency Law Ch. 472, Mobilehome Parks 369.91 State Statutes [1] Acts and Laws Generally Contractors State License Law. Bus. & Prof. Code 7000 et seq.[Deerings] Unfair competition law. Bus. & Prof. Code 16600 et seq.[Deerings] Unruh Civil Rights Act. Civ. Code 51[Deerings] Mobilehome Residency Law. Civ. Code 798 et seq.[Deerings] Recreational Vehicle Park Occupancy Law. Civ. Code 799.20 et seq.[Deerings] Recreational Vehicle and Trailer Law. Civ. Code 800 et seq.[Deerings] California Fair Employment and Housing Act. Gov. Code 12900 et seq.[Deerings] Manufactured Housing Act of 1980. Health & Safety Code 18000 et seq.[Deerings] Mobilehome Parks Act. Health & Safety Code 18200 et seq.[Deerings] Special Occupancy Park Act. Health & Safety Code 18860 et seq.[Deerings] California Factory-Built Housing Law. Health & Safety Code 19960 et seq.[Deerings] California Environmental Quality Act. Pub. Res. Code 21000 et seq. [2] Legal Actions and Proceedings Consumers Legal Remedies Act. Civ. Code 1750 et seq.[Deerings] Presumption of negligence from violation of statute, ordinance, or regulation. Evid. Code 601[Deerings], 606[Deerings], 660[Deerings], 669[Deerings] Proceedings for writ of mandate. Code Civ. Proc. 1084 et seq.[Deerings] Unlawful detainer, forcible entry, and forcible detainer proceedings. Code Civ. Proc. 1159 et seq.[Deerings] [3] Mobilehome as Vehicle Definitions in Vehicle Code: mobilehome, motor vehicle, trailer coach, used vehicle, vehicle. Veh. Code 396[Deerings], 415[Deerings], 635[Deerings], 665[Deerings], 670[Deerings] Pilot car requirements. Veh. Code 25270[Deerings], 27904[Deerings], 27904.5[Deerings], 28100-28103[Deerings], 35262 Moving mobilehomes under permit. Veh. Code 35780[Deerings], 35790[Deerings], 35790.5[Deerings] [4] Ombudsman Requirement that management post name, address, and phone number of ombudsman. Civ. Code 798.29[Deerings] Mobilehome ombudsman. Health & Safety Code 18151[Deerings] [5] Property Interests in Mobilehomes Definitions of real and personal property. Civ. Code 658[Deerings], 663[Deerings] Execution of judgments: special provisions for execution against mobilehome. Code Civ. Proc. 699.080[Deerings], 700.080[Deerings] Foreclosure of security interest in mobilehome; notice requirements. Health & Safety Code 18037.5[Deerings] Application of proceeds of foreclosure sale of mobilehome. Health & Safety Code 18037.5(c) [Deerings], (d) [Deerings] Prohibition against deficiency judgment after forced sale of mobilehome. Health & Safety Code 18038.7[Deerings] Registration and transfer of interests in mobilehomes. Health & Safety Code 18080-18106[Deerings] Lien of mobilehome park owner who obtains final money judgment for unpaid rent against registered owner of mobilehome. Health & Safety Code 18080.9[Deerings]

Request for current registration and title status. Health & Safety Code 18081[Deerings] Security interests in mobilehomes. Health & Safety Code 18105[Deerings], 18106[Deerings] Provisional remedy of claim and delivery: special provisions when property is mobilehome. Code Civ. Proc. 511.050[Deerings], 513.020[Deerings], 514.010[Deerings] Security interests in goods: Commercial Code Division 9 Secured Transactions. Com. Code 9101 et seq.[Deerings] Security interests in vehicles (including some mobilehomes). Veh. Code 5905[Deerings], 5907[Deerings], 5908[Deerings], 6300-6303[Deerings] [6] Sales of Mobilehomes Procedure for selling abandoned mobilehome. Civ. Code 798.61[Deerings] Recordation of change of ownership statement as required prerequisite to action to enforce sale agreement for mobilehome. Civ. Code 1062.10 Unlawful advertising and sales practices of mobilehome dealers, manufacturers, distributors, and salespersons. Health & Safety Code 18061-18063[Deerings] Unlawful advertising and sales practices of licensed vehicle dealers. Veh. Code 11713-11713.11[Deerings] Escrow requirement in dealer sales. Health & Safety Code 18035[Deerings] Sale by or through real estate broker. Bus. & Prof. Code 10131.6[Deerings], 10131.7[Deerings] Sales of goods: Commerical Code Division 2 Sales. Com. Code 2101 et seq.[Deerings] [7] Sale of Mobilehome Park Sale of mobilehome park to nonprofit corporation owned by residents as exempt from Subdivided Lands Act. Bus. & Prof. Code 11010.8[Deerings] Requirement of notice to resident association when mobilehome park is listed for sale with broker. Civ. Code 798.80[Deerings] Conversion of existing rental mobilehome park to resident-initiated subdivision, cooperative, or condominium for mobilehomes as exempt from California Environmental Quality Act requirements if conversion will not result in expansion of or change in existing use of property. Pub. Res. Code 21080.8 [8] Taxation of Mobilehomes Disaster relief from property taxation for manufactured homes. Rev. & Tax. Code 172[Deerings], 172.1[Deerings] Documentary transfer tax. Rev. & Tax. Code 11913[Deerings] Local property taxation. Rev. & Tax. Code 5800 et seq.[Deerings] Sales and use taxes. Rev. & Tax. Code 6012.2[Deerings], 6012.8[Deerings], 6012.9[Deerings], 6379[Deerings]; Veh. Code 11951[Deerings] Vehicle license fees. Rev. & Tax. Code 10758[Deerings], 10784[Deerings], 10785[Deerings] [9] Warranties on Mobilehomes Commercial Code implied warranties of merchantability and fitness for purpose. Com. Code 2314-2316[Deerings] Song-Beverly Consumer Warranty Act. Civ. Code 1790-1795.7[Deerings] Mobilehome warranties. Civ. Code 1797-1797.7[Deerings] 369.92 State Regulations [1] Mobilehome Parks Act Mobilehome parks. 25 Cal. Code Reg. 1000 et seq. Special occupancy parks. 25 Cal. Code Reg. 2000 et seq. [2] Mobilehomes Law Administration. 25 Cal. Code Reg. 4000 et seq. Commercial coaches. 25 Cal. Code Reg. 4350 et seq. Mobile/factory-built housing. 25 Cal. Code Reg. 3000 et seq., 4049.50 et seq. Mobilehomes. 25 Cal. Code Reg. 4050-4070 Recreational vehicles. 25 Cal. Code Reg. 4550 et seq. Sale of mobilehomes. 25 Cal. Code Reg. 4049.1 et seq.

Third party approval and enforcement. 25 Cal. Code Reg. 4850 et seq. Registration and titling. 25 Cal. Code Reg. 5510 et seq. 369.93 Federal Statutes Consumer Product Safety Act of 1972. 15 U.S.C. 2051 et seq. National Manufactured Home Construction and Safety Standards Act of 1974. 42 U.S.C. 5401 et seq. Pipeline Safety Act. 49 U.S.C. 60101 et seq. Truth in Lending Act. 15 U.S.C. 1601 et seq. 369.94 Federal Regulations Truth in Lending Act Regulation Z. 12 C.F.R. Part 226 Mobilehome construction and safety standards. 24 C.F.R. Part 3280 Procedural and enforcement regulations. 24 C.F.R. Part 3282 369.95 Decisions [1] Mobilehomes [a] In General County ordinance restricting use of mobilehomes outside mobilehome parks, when read in conjunction with ordinance permitting zoning for mobilehome subdivision (where mobilehome owner also owns land on which mobilehome is located) is not unconstitutional. McKie v. Ventura County (1974) 38 Cal. App. 3d 555, 556-557, 113 Cal. Rptr. 143 County ordinance fixing mobilehome license fee (for use of mobilehome outside mobilehome park) pursuant to Health & Safety Code 18300(g)(3)[Deerings] is not prospectively unlawful merely because fee is slightly higher than reasonably projected cost of enforcing regulatory laws; continued collection of higher fees after costs become known is probably unlawful. Watson v. County of Merced (1969) 274 Cal. App. 2d 263, 265-268, 78 Cal. Rptr. 807 Conditional sale of mobilehome is governed by Rees-Levering Motor Vehicle Sales and Finance Act [Civ. Code 2981 et seq. (Deerings)]. Hughes v. Nashua Mfg. Co. (1968) 257 Cal. App. 2d 778, 783, 65 Cal. Rptr. 380 Contract for purchase of mobilehome with down payment and balance to be paid on delivery is not conditional sale contract and hence not subject to Rees-Levering Motor Vehicle Sales and Finance Act. Shapiro v. Ogle (1972) 28 Cal. App. 3d 261, 265-267, 104 Cal. Rptr. 553 [b] Security Interests Interest of bona fide purchaser of mobilehome purchased before July 1, 1981, prevailed over technically perfected security interest that was not disclosed on vehicle certificate of ownership. T & O Mobile Homes, Inc. v. United California Bank (1985) 40 Cal. 3d 441, 454, 455, 220 Cal. Rptr. 627, 709 P.2d 430 (decided under Veh. Code 4451[Deerings]; see now Health & Safety Code 18091[Deerings], governing contents of certificate of title of mobilehomes) [2] Mobilehome Parks [a] Construction Mobilehome park construction permit application requires environmental impact report or negative declaration. People v. Department of Housing & Community Dev. (1975) 45 Cal. App. 3d 185, 192-194, 119 Cal. Rptr. 266 Local enforcement agencys refusal to grant extension of mobilehome park construction permit pursuant to Health & Safety Code 18509[Deerings] is abuse of discretion where standard for passing on such requests was unreasonable and such standard was arbitrarily and capriciously applied; agency is estopped to deny request for extension where permit holders failure to meet agencys standard was based on agencys advice. Morgan v. County of San Diego (1971) 19 Cal. App. 3d 636, 640-642, 97 Cal. Rptr. 180 Application for use permit to construct mobilehome park in area of city zoned for such use was properly granted. Jones v. City Council (1971) 17 Cal. App. 3d724, 727-730, 94 Cal. Rptr. 897 Application for special use permit to construct mobilehome park in area of city not zoned for such use was properly denied. Lagrutta v. City Council (1970) 9 Cal. App. 3d 890, 893-897, 96 Cal. Rptr. 627 [b] Fees and Charges Fact that cable television is listed in Civ. Code 798.41[Deerings] as utility that may be billed for separately does not mean mobilehome park owner may unilaterally procure and charge its tenants for cable television as

utility even if tenants did not accept service; Civ. Code 798.31[Deerings] (permissible utility charges) does not contemplate charges for nonessential services not requested or used, even if services can be characterized as utilities for purposes of separate billing under Civ. Code 798.41[Deerings]. Greening v. Johnson (1997) 53 Cal. App. 4th 1223, 1229-1230, 62 Cal. Rptr. 2d 214 Rent increase imposed on new tenants at time of sale or transfer of mobilehome (excluding transfer to transferors spouse, children, or parents) is not prohibited fee within meaning of Civ. Code 798.72[Deerings]. Vance v. Villa Park Mobilehome Estates (1995) 36 Cal. App. 4th 698, 707, 42 Cal. Rptr. 2d 723 [c] Land Use City ordinance imposing requirements on mobilehome park owners based on results of survey of park residents with respect to conversion of park ownership was improper addition to exclusive statutory requirements of Gov. Code 66427.5[Deerings] by giving residents rights not afforded by statute. Colony Cove Properties, LLC v. City of Carson (2010) 187 Cal. App. 4th 1487, 1506, 114 Cal. Rptr. 3d 822 Ordinance requiring survey showing particular level of resident support for mobilehome park conversion to be presumed bona fide impermissibly conflicted with Gov. Code 66427.5[Deerings] because it deviated from state mandated criteria for approving conversion application. Sequoia Park Associates v. County of Sonoma (2009) 176 Cal. App. 4th 1270, 1299-1300, 98 Cal. Rptr. 3d 669 City lacked authority under Gov. Code 66427.4[Deerings] to impose conditions on conversion of mobilehome park to resident ownership; that section applies only when mobilehome park is converted to other land uses, requiring residents and their mobilehomes to be relocated; Gov. Code 66427.5[Deerings], which applies to conversions to resident ownership, does not authorize imposition of additional conditions. El Dorado Palm Springs, Ltd. v. City of Palm Springs (2002) 96 Cal. App. 4th 1153, 1163-1164, 118 Cal. Rptr. 2d 15 [d] Operation Violations of Mobilehome Parks Act [Health & Safety Code 18200 et seq. (Deerings)] implementing regulations [25 Cal. Code Reg. 1000 et seq.], and Mobilehome Residency Law [Civ. Code 798 et seq. (Deerings)] constitute acts of unfair competition and causes of action for injunction and/or restitution under Bus. & Prof. Code 17203[Deerings]; district attorney has standing to sue for injunction and civil penalty for such acts notwithstanding that other agency is responsible for enforcing Mobilehome Parks Act and regulations. People v. McKale (1979) 25 Cal. 3d 626, 631-638, 159 Cal. Rptr. 811, 602 P.2d 731 Mobilehome park residency rule limiting occupancy to at least one registered owner of home constituted effective prohibition of subleasing by owner of home; retroactive application of rule against homeowner who purchased space in park before rule was made, whose lease did not contain rule, and who had not agreed to rule, was contrary to stated purpose of Mobilehome Residency Law ( Civ. Code 798.55(a)[Deerings]) and unreasonable. Rancho Santa Paula Mobilehome Park, Ltd. v. Evans (1994) 26 Cal. App. 4th 1139, 1147, 32 Cal. Rptr. 2d 464 Park rule prohibiting any commercial activity and leasing, subleasing, sale or exchange of mobilehomes was interpreted by court as not applying to any subleasing of mobilehome space, but rather to carrying on business of subleasing on mobilehome premises. Rancho Santa Paula Mobilehome Park, Ltd. v. Evans (1994) 26 Cal. App. 4th 1139, 1149, 32 Cal. Rptr. 2d 464 Under predecessor to Mobilehome Residency Law [Civ. Code 798 et seq.[Deerings]; see former Civ. Code 789.4-789.15 (Deerings)], mobilehome park owner was prohibited from charging transfer fee payable by broker when broker effects sale of mobilehome within park, when park owner performs no service in connection with sale [now see Civ. Code 798.72 (Deerings)]. People v. Mel Mack Co. (1975) 53 Cal. App. 3d 621, 626-630, 126 Cal. Rptr. 505 County ordinance fixing mobilehome park operating permit fees higher than Health & Safety Code 18502[Deerings] prescribes is valid, under Health & Safety Code 510[Deerings], when county health officer is local enforcement agency under Health & Safety Code 18300[Deerings]. Western Mobilehome Assn. v. County of San Diego (1971) 16 Cal. App. 3d 941, 944-951, 94 Cal. Rptr. 504 [e] Rent Control Local mobilehome park rent control ordinance coupled with state statutory restriction on eviction of mobilehome park residents did not constitute physical taking of property of mobilehome park owner because it did not

require owner to submit to governments physical occupation of park property. Yee v. City of Escondido (1992) 503 U.S. 519, 112 S. Ct. 1522, 118 L. Ed. 2d 153 Facial challenge to mobilehome rent control ordinance was time barred; claim accrued on adoption of ordinance in 1979, not on 2006 amendment of guidelines that did not have substantive effect with respect to application of ordinance to mobilehome park owners. Colony Cove Properties, LLC v. City of Carson (9th Cir. 2011) ___ F.3d ___, 2011 U.S. App. LEXIS 6240 Local rent control ordinance prohibiting rent increases at termination of tenancy does not violate substantive due process. Carson Harbor Village Ltd. v. City of Carson (9th Cir. 1994) 37 F.3d 468, 472-473 District courts dismissal of substantive due process claim challenging citys rent control and vacancy control ordinance as taking without just compensation was proper, but courts failure to explain its reasons for denying leave to amend complaint (where none were apparent on record) constituted abuse of discretion. Levald, Inc. v. City of Palm Desert (9th Cir. 1993) 998 F.2d 680, 690, 692 Property owners facial taking challenge to local mobilehome park rent control ordinance was ripe for judicial review even though property owner had not sought remedies in state court since at time alleged taking occurred, California did not recognize actions for inverse condemnation based on regulatory takings, rendering it futile to seek state court relief at that time. Levald, Inc. v. City of Palm Desert (9th Cir. 1993) 998 F.2d 680, 686 Sanctions and penalties properly imposed under Unfair Business Practices Law [ Bus. & Prof. Code 17200 et seq. (Deerings)] against mobilehome park owners who forced tenants to accept long-term leases to avoid rent control. People v. Beaumont Investment Ltd. (2003) 111 Cal. App. 4th 102, 124-126, 3 Cal. Rptr. 3d 429 In determining just, fair and reasonable rent increase, substantial evidence supported Rent Boards allocation of wetlands remediation expenses over three years where remediation costs were paid from proceeds of a loan repayable over a 28-month period; although rent control ordinance and implementation guidelines did not specifically provide for allocation of operating expenses over an extended period of time, rent control scheme was sufficiently flexible to allow such an allocation. Carson Harbor Village, Ltd. v. City of Carson Mobilehome Park Rental Review Bd. (1999) 70 Cal. App. 4th 281, 293, 82 Cal. Rptr. 2d 569 In calculating permissible rent increase, Rent Board properly disallowed attorneys fees incurred for investigation, research, and preparation of lawsuit to recover costs of wetlands remediation from other responsible parties, and attorneys fees incurred in attempting to recover cleanup costs from insurers. Carson Harbor Village, Ltd. v. City of Carson Mobilehome Park Rental Review Bd. (1999) 70 Cal. App. 4th 281, 294, 82 Cal. Rptr. 2d 569 Loss of all beneficial use of profits during period mobilehome park owners were permitted only inadequate rent increase did not constitute a taking; loss of profits was measure of damages, not property subject to a taking. Yee v. Mobilehome Park Rental Review Bd. (1998) 62 Cal. App. 4th 1409, 1422, 73 Cal. Rptr. 2d 227 County ordinance and agreement entered into by county and mobilehome park owners imposing 15-year moratorium on enactment of rent control legislation affecting mobilehome parks was unconstitutional limitation on power of future county boards of supervisors to make and enforce ordinances under their police power. County Mobilehome Positive Action Com., Inc. v. County of San Diego (1998) 62 Cal. App. 4th 727, 740-741, 73 Cal. Rptr. 2d 409 Method used by rent control board to support determination that rent increase was adequate to provide fair return on owners investment was not supported by substantial evidence. Westwinds Mobile Home Park v. Mobilehome Park Rental Review Bd. (1994) 35 Cal. Rptr. 2d 315 City Mobilehome Rental Review Board decision that authorized only limited rent increase in owners mobilehome parks was reversed and remanded to Board for reconsideration where Board, in determining owners claim for increased rents, committed serious error by failing to account for interest payments on owners encumbering loans in determining income (or loss) resulting from operation of parks. Yee v. Mobilehome Park Rental Review Bd. (1993) 17 Cal. App. 4th 1097, 1100, 23 Cal. Rptr. 2d 1 Ordinance requiring binding arbitration for rent control disputes that did not provide for meaningful trial de novo or judicial review was unconstitutional violation of due process. Bayscene Resident Negotiators v. Bayscene Mobilehome Park (1993) 15 Cal. App. 4th 119, 131-134, 18 Cal. Rptr. 2d 626 Mobilehome park rent control ordinance with vacancy control does not effect physical taking; it serves legitimate governmental purpose and thus does not constitute an unconstitutional taking of property. Sandpiper Mobile

Village v. City of Carpinteria (1992) 10 Cal. App. 4th 542, 546-550, 12 Cal. Rptr. 2d 623 (overruled on other grounds in Travis v. County of Santa Cruz (2004) 33 Cal. 4th 757) Mobilehome rent control with vacancy control is not unconstitutional taking of property. Casella v. City of Morgan Hill (1991) 230 Cal. App. 3d 43, 52-58, 280 Cal. Rptr. 876; Yee v. City of Escondido (1990) 224 Cal. App. 3d 1349, 1354-1358, 274 Cal. Rptr. 551 [f] Seizure Removal of mobilehome from park by management in conspiracy with local police without legal authority was unlawful search and seizure under Fourth Amendment of United States Constitution. Soldal v. Cook County (1992) 506 U.S. 56, 113 S. Ct. 538, 121 L. Ed. 2d 450 [3] Mobilehome Residence Law Attorneys Fees and Costs Action by retail dealer of mobilehomes alleging that other dealers and mobilehome parks participated in conspiracy by which dealers paid kickbacks to park owners and operators for exclusive right and privilege of marketing and selling mobilehomes did not arise out of MRL for purposes of attorneys fees. SC Manufactured Homes, Inc. v. Canyon View Estates, Inc. (2007) 148 Cal. App. 4th 663, 680, 56 Cal. Rptr. 3d 79 Mobilehome park tenant was prevailing party entitled to attorneys fees under Civ. Code 798.85[Deerings] when park owner voluntarily dismissed action for abatement of nuisance under Mobilehome Residency Law. Del Cerro Mobile Estates v. Proffer (2001) 87 Cal. App. 4th 943, 948, 105 Cal. Rptr. 2d 5 369.96 Attorney General Opinions Mobilehome park owner is unable, by means of rental agreement, rule, or regulation, to prohibit display by tenants of political signs in windows of mobilehomes. 74 Ops. Cal. Atty. Gen. 122 (1991) County, charter city, or general law city is not allowed to require mobilehome park owner to grant park residents right of first refusal before accepting offer to sell park. 73 Ops. Cal. Atty. Gen. 431 (1990) General city law is not authorized to enact ordinance prohibiting management of mobilehome park from enforcing park rule restricting residents to adults only. 65 Ops. Cal. Atty. Gen. 559, 562 (1982) State or local standard regarding construction or safety applicable to same aspect of performance as existing federal standard under National Mobile Home Construction and Safety Standards Act of 1974 is preempted by federal standard with regard to mobilehome as defined by federal law, including mobilehome designed to be used with and placed on permanent foundation, but state and local standards control in certain cases. 61 Ops. Cal. Atty. Gen. 309 (1978) Installation of mobilehome on permanent foundation in compliance with applicable building and land use laws transforms it into a building (no longer a vehicle). 58 Ops. Cal. Atty. Gen. 660 (1975) Prohibition of former Health & Safety Code 18055[Deerings] (now see Health & Safety Code 18025[Deerings]) against selling or offering for sale certain mobilehomes not conforming to standards as applicable to agents selling or offering for sale mobilehomes on behalf of principal-owners. 58 Ops. Cal. Atty. Gen. 435 (1975) Manufacturer or dealer who sells mobilehome not meeting requirements of former Health & Safety Code 18055[Deerings] (now see Health & Safety Code 18025[Deerings]) as subject to prosecution (under former Health & Safety Code 18080[Deerings] (now see Health & Safety Code 18020.5[Deerings])) for one year after such sale. 57 Ops. Cal. Atty. Gen. 140 (1974) Site used for recreational housing in mobilehomes (hunting club preserve) but otherwise meeting definition of mobilehome park as subject to state regulation under Mobilehome Parks Act notwithstanding tenants do not permanently reside there. 53 Ops. Cal. Atty. Gen. 38 (1970) Mobilehome park operator as having complete discretion to withhold approval for mobilehome accessory building or structure proposed to be erected or altered within park, subject to potential liability for breach of tenancy agreement in unreasonably withholding approval. 52 Ops. Cal. Atty. Gen. 153 (1969) 369.97 Law Reviews Annual Reviews of Selected California Legislation: Property, Housing Mobilehomes. 27 Pac. L.J. 921 (1996) Family; Mobilehomes Immediate Family. 27 Pac. L.J. 803 (1996) Mobilehomes Final Money Judgment. 27 Pac. L.J. 487 (1996) Mobilehome Residency Law. 10 Pac. L.J. 562 (1979)

Mobilehomes Licensing of Commerical Activities. 7 Pac. L.J. 300 (1976) Mobilehome Sales. 6 Pac. L.J. 180 (1975) Mobilehome Warranties. 5 Pac. L.J. 308 (1974) Mobilehomes Conditional Use Permits. 4 Pac. L.J. 596 (1973) Mobilehome Parks Shoreline Property. 4 Pac. L.J. 596 (1973) Mobilehome Parks Tenancy, Deficiency Judgment. 4 Pac. L.J. 597 (1973) Castillo, How California Can Harmonize a Tenants State Rights and a Landlords Right to Go Out of Business Pursuant to the Ellis Act, 31 Golden Gate U.L. Rev. 251 (2001) Gallagher, Yee v. City of Escondido: Will Mobile Homes Provide an Open Road for the Nollan Analysis? 67 Notre Dame L. Rev. 821 (1992) Hirsch and Hirsch, Legal-Economic Analysis of Rent Controls in a Mobile Home Context: Placement Values and Vacancy Decontrol, 35 UCLA L. Rev. 399 (1988) Comment, California Government Code Section 65852.3[Deerings]: Legislature Prohibits Exclusion of Mobile Homes on Single-Family Lots, 16 U.C. Davis L. Rev. 167 (1982) Anderson, Regulation and Accommodation of Mobile Homes, 1975 Planning, Zoning & Eminent Domain Institute (Southwestern Legal Foundation) 152 (1975) Lytle, Mobile Home Construction and Safety Standards Title VII of the Housing and Community Development Act of 1974 [42 U.S.C. 5401-5426], 8 Clearinghouse Review (Supplement) 660 (1975) Note, Mobilehomes: Present Regulation and Needed Reforms, 27 Stan. L. Rev. 159 (1974) Lubell, Legal Aspects of Mobile Home Lending by Institutional Lenders, 45 LA Bar. B. 408 (1970) 369.98-369.109 [Reserved] PART IV. FORMS A. Letters and Notices 369.110 Letter of Complaint to Department of Housing and Community Development That Mobilehome Is Not Complying With Applicable Regulations Lubell, Legal Aspects of Mobile Home Lending by Institutional Lenders, 45 LA Bar. B. 408 (1970) [25 Cal. Code Reg. 4013.5] [1] FORM Letter of Complaint to Department of Housing and Community Development That Mobilehome Is Not Complying With Applicable Regulations [25 Cal. Code Reg. 4013.5]

Department of Housing and Community Development Mobilehome Section P.O. Box 31 Sacramento, California 95801

To Whom It May Concern:

In accordance with 25 California Code of Regulations Section 4013.5, ___________________ [name of mobilehome owner] requests appropriate action for correction of violations, hereinafter specified, regarding the following mobilehome:

Make and Model: ___________________

Serial Number: ___________________

Manufacturer: ___________________

Manufacturers Address: ___________________

___________________ [Insignia or HUD Label] Number: ___________________

Seller: ___________________

Sellers Address: ___________________

Date of Sale: ___________________

[Registration Number: ___________________]

Owner: ___________________

Owners Address: ___________________

___________________ [Name of owner] believes that this mobilehome does not comply with applicable provisions of 25 of California Code of Regulations, Chapter 3, Subchapter 2 (Sections 4000-4800), in that ___________________ [specify violations].

Sincerely,

______________________ [signature] [2] Use of Form The form in [1], above, is a letter for making a written complaint to the Department of Housing and Community Development in accordance with a regulation providing that any owner of a mobilehome bearing or required to bear a departmental insignia or Housing and Urban Development (HUD) label [see 369.21] may file a written complaint with the Department setting forth the items that the owner believes do not comply with the (applicable) provisions of 25 Cal. Code Reg. 4000 et seq. [25 Cal. Code Reg. 4013.5]. No particular form is prescribed, and no printed form is supplied by the Department. A letter is sufficient and appropriate.

The regulations applicable to mobilehomes are set forth in 25 Cal. Code Reg. 4000 et seq., and 4050 et seq. [3] Complaint Investigation [a] Initial Procedures On receiving a complaint indicating the possible existence of a violation of applicable regulations, the Department of Housing and Community Development must forward a copy of the complaint and other information to the manufacturer, seller, or person responsible for the violations, or their agents [25 Cal. Code Reg. 4013.5(a)]. Any person served with a complaint or other information must, as soon as possible but not later than 20 days after receiving the complaint or other information, make an investigation, and any necessary inspections, and determine if there are violations of those regulations for which the person is responsible. If the person served with a complaint or other information determines responsibility for correcting the violations, such person must notify the Department in writing of the action proposed to correct the violations. Violations must be corrected within 20 days or such other time specified by the Department. On request, the Department may grant an extension of time for correction of violations [25 Cal. Code Reg. 4013.5(b)]. [b] Inspections and Legal and/or Administrative Proceedings When the person served with a complaint or other information fails to take action within the specified time, the Department may inspect the mobilehome and institute legal and/or administrative proceedings as necessary to

secure compliance with applicable regulations [25 Cal. Code Reg. 4013.5(c)].

If a reinspection is required to determine compliance with any order requiring corrective action, the person responsible for taking corrective action must request inspection in accordance with 25 Cal. Code Reg. 4010 and submit fees for such inspection pursuant to 25 Cal. Code Reg. 4044 [25 Cal. Code Reg. 4013.5(d)].

If the Department determines that an imminent safety hazard or serious defect may exist, the Department must notify the manufacturer, seller, or person responsible for the violations and may require that immediate action be taken by the responsible person to correct such violations. The Department may make necessary inspections to determine if violations exist and to secure compliance [25 Cal. Code Reg. 4013.5(e)]. 369.111 [Reserved]

369.112 Request for Hearing Regarding Abatement of Substandard Mobilehome [25 Cal. Code Reg. 1613] [1] FORM Mobilehome Owners Request for Hearing Regarding Abatement of Substandard Mobilehome [25 Cal. Code Reg. 1714]

[Caption. Refer to notice of intention to abate received from enforcement agency.]

In accordance with 25 California Code of Regulations Section 1613, ___________________ [name of person or entity requesting hearing] hereby requests a hearing on the matter of the proposed abatement of the mobilehome described in the Notice of Intention to Abate heretofore received by him/her/it.

______________________ [signature] [2] Use of Form The form in [1], above, is a request for a hearing by a person or entity who has received a final notice of intention to abate a substandard mobilehome. To be effective, the request for hearing must be received by the enforcement agency within 10 days after personal service or acknowledgment of receipt by mail of the final notice of intention to abate [25 Cal. Code Reg. 1613(a)].

[3] Inspection and Notice of Violation Whenever any mobilehome has been inspected by the enforcement agency and has been found to be substandard, the enforcement agency must give written notice to the person or entity responsible for correcting the violation [25 Cal. Code Reg. 1611(a)(1)]. If the mobilehome is in such condition that identification numbers are not available to determine ownership, the notice must be given to the owner of the real property or the owner or operator of the park in which the mobilehome is located [25 Cal. Code Reg. 1611(a)(3)]. The notice must state the conditions that constitute the violation, include a reference to the law or regulation being violated, and order abatement of the conditions within five days after the date of the notice or a longer period of time as allowed by the enforcement agency [25 Cal. Code Reg. 1611(a)(2)]. [4] Commencement of Proceeding [a] Final Notice to Abate If the initial notice of the enforcement agency has not been complied with on or before the date specified in the notice, the enforcement agency may institute proceedings against the cited person or entity [25 Cal. Code Reg. 1612(a)]. The enforcement agency must issue to the cited person, the last registered owner of a cited mobilehome, and the park owner or operator or the legal owner of the property where the cited mobilehome is located, a final notice to abate containing at least the following [25 Cal. Code Reg. 1612(a)(1)]:

The date the notice was prepared;

The name or names of the responsible person or entity;

A list of the uncorrected violations cited;

The final compliance date;

Notification of the right to request an informal conference under 25 Cal. Code Reg. 1752;

Notification of the right to request a hearing pursuant to 25 Cal. Code Reg. 1613; and

A statement that any willful violation is a misdemeanor under Health & Safety Code 18700[Deerings].

The final notice must be sent by registered or certified mail, return receipt requested, to the cited person, the legal owner of the property as shown on the last equalized assessment roll, and to the last known address of the last registered or legal owner of record of the cited mobilehome, unless the mobilehome is in such condition that identification numbers are not available to determine ownership. The final notice may also be served by personal service, at the enforcement agencys discretion [25 Cal. Code Reg. 1612(a)(2)]. [b] Proof of Notice The officer or employee of the enforcement agency must file an affidavit certifying to the time and the manner in which the final notice was given. In addition, the officer or employee must file any receipt card that may have been returned in acknowledgment of the receipt of the notice by registered or certified mail [25 Cal. Code Reg. 1612(a)(3)]. [5] Request for Hearing [a] Request Must Be Made to Enforcement Agency Within 10 Days of Receiving Notice The cited person or entity receiving a final notice of intention to abate a violation must be granted a hearing on the matter before an authorized representative of the enforcement agency or official authorized to conduct the hearing, if the cited person or entity makes a request to the enforcement agency within 10 days after personal service or acknowledgment of receipt by mail of the final notice to abate [25 Cal. Code Reg. 1613(a); see [4], above]. If the request for hearing is not received within 10 days from the date of personal service or acknowledgment of receipt by mail of the notice, the enforcement agency has the discretion to continue abatement proceedings [25 Cal. Code Reg. 1613(e)]. [b] Automatic Delay of Abatement Proceedings Receipt of the request for hearing from the cited person or entity postpones any judicial or administrative action by the enforcement agency until after the hearing [25 Cal. Code Reg. 1613(b)]. [c] Notice and Time of Hearing The enforcement agency must provide the time and place of the hearing in a written notice to the petitioner within 20 days of receiving the request, and must hold the hearing within 60 days of receiving the request [25 Cal. Code Reg. 1613(b)]. [d] Violation Constituting Imminent Hazard When a cited violation constitutes an imminent hazard representing an immediate risk to life, health, and safety of persons or property that requires immediate correction, a hearing may not be permitted and a request for a hearing will not extend the time for the correction of the violation [25 Cal. Code Reg. 1613(d)]. [6] Hearing [a] Testimony and Evidence At the time and place of the hearing, the hearing officer must hear the testimony of and accept evidence from the propertys legal owner or the park owner or operator, the cited person, or their respective representatives and any

other person with information or testimony relevant to the final notice to abate. The testimony must be limited to the condition of the cited unit, structure, or property. Before the hearing, the enforcement agency must provide all evidence supporting the abatement action to the hearing officer [25 Cal. Code Reg. 1615(a)].

If the petitioner does not appear at the hearing, the enforcement agency has the authority to proceed immediately with abatement procedures [25 Cal. Code Reg. 1615(b)]. [b] Written Decision Within 10 days after conclusion of the hearing, the hearing officer must render a written decision sustaining, modifying, or overruling the final notice to abate. The decision must be mailed by first class mail to all parties to the hearing. If the decision sustains or modifies the final notice to abate, the hearing officer may establish new dates and schedules for compliance [25 Cal. Code Reg. 1615(c)]. At the discretion of the hearing officer, the enforcement agency must post a copy of the written decision in a conspicuous place on the property or unit [25 Cal. Code Reg. 1615(d)]. [7] Judicial Review Any cited person, owner, or other interested person having any objections, or feeling aggrieved at any proceedings taken by the hearing officer conducting the hearing, or the enforcement agency in ordering abatement of any violation, may bring an action in any court of competent jurisdiction within 30 days after receipt of the decision [25 Cal. Code Reg. 1616].

Both the proceedings and the order are reviewable by the superior court in an administrative mandate proceeding under Code Civ. Proc. 1094.5[Deerings] [see Ch. 474, Availability of Judicial Review of Agency Decisions, through Ch. 474C, Procedures in Reviewing Agency Decisions]. 369.113 Notice of Default Under Agreement Secured by Interest in Mobilehome [Health & Safety Code 18037.5(a)(1)] [1] FORM Notice of Default Under Agreement Secured by Interest in Mobilehome [Health & Safety Code 18037.5(a)(1)]

NOTICE OF DEFAULT

To: ___________________ [Names of all registered owners]

___________________ [You or if the registered owner is not the person who is in default, substitute name of defaulting person(s)] are in default under the terms of the ___________________ [identify security agree-

ment by title or caption and date] in that _________________ [describe default]. This default gives the creditor named below the right to sell your manufactured home, mobilehome, truck camper, or floating home which is registered with the Department of Housing and Community Development under registration number(s) ___________________, located at ___________________ [give location of property as shown on current registration], unless the default is promptly cured.

You may cure the default by _________________ [describe conditions precedent to reinstatement required to cure default] or by entirely repaying the outstanding secured indebtedness on or before ___________________ [state final date available for cure, which date must be no earlier than 45 days after mailing of the notice]. To cure the default you may also be required to reimburse the creditor for its reasonable attorneys fees and legal expenses and for any other sums to which the creditor may have become entitled under the terms of your credit agreement after the date of this notice. You may entirely repay the outstanding obligation by paying the creditor $____________________ [state dollar amount required to obtain release of security interest, and if the amount may increase due to passage of time, state that fact], plus any amount necessary to reimburse the creditor for its reasonable attorneys fees and legal expenses and any other sums to which the creditor may have become entitled after the date of this notice under the terms of your agreement.

______________________

[Name of foreclosing creditor]

______________________

[Signature of foreclosing creditor] [2] Use of Form The form in [1], above, is an illustration of a form of notice of default that a foreclosing creditor must use in the event of default under the provisions of a security agreement relating to a loan or conditional sale contract that gives the secured party the right to foreclose its security interest in a mobilehome subject to registration

under Health & Safety Code 18000 et seq.[Deerings] [Health & Safety Code 18037.5(a) (Deerings)]. The notice must be in at least 10-point type, signed by the foreclosing creditor, in substantially the form set forth in [1], above, and must be deposited in the United States mail in an envelope addressed to each registered owner as shown on the current registration of the mobilehome, registered or certified with postage prepaid [Health & Safety Code 18037.5(a)(1) (Deerings)]. For further discussion, see 369.44[5][b]. 369.114 Notice of Belief of Abandonment of Mobilehome [Health & Safety Code 18037.5(a)(6)] [1] FORM Notice of Belief of Abandonment of Mobilehome [Health & Safety Code 18037.5(a)(6)]

NOTICE OF BELIEF OF ABANDONMENT

To: ___________________ [Names of all registered owners]

This notice is given in accordance with Health & Safety Section 18037.5[Deerings] concerning your manufactured home, mobilehome, truck camper, or floating home located at _________________ [address of manufactured home, mobilehome, truck camper, or floating home as shown on current registration]. ___________________ [You or if the registered owner is not the person who is in default, substitute name of defaulting person(s)] are in default under the terms of the ___________________ [identify security agreement or conditional sale contract by title or caption and date] in that _________________ [describe default]. This default gives the foreclosing creditor named below the right to sell your manufactured home, mobilehome, truck camper, or floating home which is registered with the Department of Housing and Community Development under number(s) ___________________ [give registration numbers(s)] unless the default is promptly cured. Unless the foreclosing creditor receives a written notice from you to the contrary by ___________________ [insert a date not less than 15 days after this notice is served personally or, if mailed, not less than 18 days after this notice is deposited in the mail], your manufactured home, mobilehome, truck camper, or floating home will be deemed abandoned, which means that the foreclosing creditor may sell your manufactured home, mobilehome, truck camper, or floating home sooner than would otherwise be permitted by law. The written notice you must send to the foreclosing creditor must be sent to _________________ [address of foreclosing creditor] and must state both of the following:

1.Your intent not to abandon the manufactured home, mobilehome, truck camper, or floating home; and

2.An address at which you may be served by certified mail with a summons in connection with any legal action which the foreclosing creditor may appropriately initiate.

______________________

[Name of foreclosing creditor]

______________________

[Signature of foreclosing creditor] [2] Use of Form The form in [1], above, is a notice of belief of abandonment that a foreclosing creditor may use if he or she reasonably believes that a registered owner has abandoned a mobilehome in which the foreclosing party has a secured interest. A mobilehome will be deemed abandoned if the foreclosing creditor gives written notice of his or her belief of abandonment to the registered owner, and the owner fails to give the foreclosing creditor written notice, before the appropriate date specified in the foreclosing creditors notice, stating that he or she has not abandoned and does not intend to abandon the mobilehome, and stating an address at which he or she may be served by certified mail with a summons in connection with any legal action that the foreclosing creditor may appropriately initiate [Health & Safety Code 18037.5(a)(6) (Deerings)].

The notice of belief of abandonment must be in at least 10-point type, in substantially the form set forth in [1], above. The notice of belief of abandonment must be personally delivered to the registered owner or sent to him or her at his or her last known address by registered or certified mail, with postage prepaid. If there is reason to believe that the notice sent to the registered owners last known address will not be received by the owner, the foreclosing creditor must also send the notice to any other address known to the foreclosing creditor where the registered owner may reasonably be expected to receive the notice [Health & Safety Code 18037.5(a)(6) (Deerings)].

For further discussion, see 369.44[5][e]. 369.115 Letter to Enforcement Agency Requesting Hearing on Suspension of Mobilehome Park Operating

Permit [Health & Safety Code 18513] [1] FORM Letter to Enforcement Agency Requesting Hearing on Suspension of Mobilehome Park Operating Permit [Health & Safety Code 18513]

_________________ [address of enforcement agency]

To Whom It May concern:

Please take notice that ___________________ [name of permit holder] requests a hearing, in accordance with Health and Safety Code Section 18513[Deerings], on the notice of violation dated ___________________ [date], and the proposed suspension of his/her/its permit, No. ___________________, to operate the mobilehome park known as ___________________ [name of mobilehome park] located at _________________ [street address] in ___________________ [name of city or county].

Sincerely,

______________________ [signature] [2] Use of Form The form in [1], above, is a letter that may be used to request a hearing if the holder of a mobilehome park operating permit has received a notice of violation from the enforcement agency [see 369.11[4]] pursuant to Health & Safety Code 18511[Deerings]. The notice begins the administrative process that may result in suspension of the operating permit [see 369.63[3]]. The permit holder is entitled to a hearing on filing a written request within 10 days after the date of mailing of the notice of violation [Health & Safety Code 18513 (Deerings)], which usually is a letter from the enforcement agency.

PRACTICE TIP: Letter Is Appropriate. No particular form of request for a hearing is prescribed. A letter is sufficient and appropriate, since the enforcement agency uses letters (rather than printed forms) for its communications to permit

holders. 369.116 Notice of Intention to Commence Action for Failure to Maintain Physical Facilities or for Reduction in Services in Mobilehome Park [Civ. Code 798.84] [1] FORM Notice of Intention to Commence Action for Failure to Maintain Physical Facilities or for Reduction in Services in Mobilehome Park [Civ. Code 798.84]

To ___________________ [person or entity managing mobilehome park]:

PLEASE TAKE NOTICE that the undersigned ___________________ [name of homeowner or homeowners] ___________________ [intends or intend] to commence an action against you and ___________________ [name of mobilehome park] for failure to maintain the physical improvements in the common facilities of the park in good working order or condition and for reduction in services in the park.

The basis of the claim is _________________ [specify].

The specific allegations are _________________ [specify].

The remedies sought will be _________________ [describe].

Dated: ____________________.

______________________

[signature of homeowner or homeowners] [2] Use of Form The form in [1], above, is for use by a homeowner or homeowners to provide notice of intention to commence an action against a mobilehome park and its management for failure to maintain the physical improvements or for reduction in services. The notice must be given 30 days before the actions commencement. A notice by one homeowner is deemed sufficient notice by all homeowners [see Civ. Code 798.84(a)[Deerings], (b) [Deerings]; see also Code Civ. Proc. 350[Deerings] (action commenced when complaint is filed)]. The notice requirement does not apply to actions for personal injury or wrongful death [Civ. Code 798.84(f) (Deerings)]. For further discussion, see 369.12[8]. [3] Contents of Form The notice must be in writing, signed by the homeowner or homeowners making the allegations, and must notify the management of the basis of the claim, the specific allegations, and the remedies requested [Civ. Code 798.84(b) (Deerings)]. [4] Service The notice may be served in the manner of notices in legal proceedings set forth in Code Civ. Proc. 1010-1020[Deerings] [Civ. Code 798.84(c) (Deerings)]. The procedures for such service are discussed in Ch. 518, Service of Summons and Papers. [5] Statute of Limitations If the notice is served within 30 days of the expiration of the applicable statute of limitations, the time for commencing the action is extended 30 days from the service of the notice [Civ. Code 798.84(e) (Deerings)]. 369.117-369.129 [Reserved]

B. Petitions 369.130 Petition for Hearing [25 Cal. Code Reg. 4045] Mobilehome Law Enforcement [25 Cal. Code Reg. 4000 et seq.] [1] FORM Petition for Hearing [25 Cal. Code Reg. 4045] Mobilehome Law Enforcement [25 Cal. Code Reg. 4000 et seq.]

STATE OF CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

__________________________________________________

In the Matter of ______________________

[name]) ) ) )

PETITION FOR HEARING __________________________________________________

Pursuant to 25 California Code of Regulations Section 4045, ___________________ [name of petitioner] states as follows:

_________________ [Brief statement of grounds for hearing, e.g., Petitioner has been served with a notice of violations regarding certain mobilehomes inspected at petitioners factory on ___________________ [date], a copy of which notice is attached to this petition. Petitioner denies that any of the alleged violations cited in the notice exist].

WHEREFORE, petitioner requests a hearing on the issue of _________________ [specify, e.g., whether the alleged violations exist] and any other related issues that may arise before or at the hearing [, and an order to withdraw the notice of violations].

Dated: ____________________

______________________ [signature]

Attorney for Petitioner [2] Use of Form The form in [1], above, is a petition to request a hearing under 25 Cal. Code Reg. 4045, providing that any person refused an approval (of anything subject to approval) by the Department of Housing and Community Development, or receiving a notice of violation, or who feels aggrieved by application of the regulations [25 Cal. Code Reg. 4000 et seq.] implementing the Manufactured Housing Act of 1980 [Health & Safety Code 18000 et seq. (Deerings)] may request and must be granted a hearing on the matter before the director of the Department or the directors duly authorized representative. [3] Petition for Hearing [a] Contents and Form of Petition The person must file with the Department a written petition requesting the hearing. The petition must set forth a brief statement of the grounds for the petition [25 Cal. Code Reg. 4045]. The petition may be in any suitable form; the form in [1], above, is an example. An affidavit is not required. (The Department has no printed forms and uses letters in enforcement proceedings.) [b] Time for Filing The procedural regulations [25 Cal. Code Reg. 4045 et seq.] do not require the petition to be filed within any specified time. If some other regulation, such as 25 Cal. Code Reg. 4013 (discussed below), expressly or implicitly requires filing the petition within a certain time, the petition should be filed within that time; otherwise, the petition should be filed within a reasonable time.

When the petition requests a hearing regarding a notice of violations and/or a Prohibited Sales Notice given under 25 Cal. Code Reg. 4013 [see 369.21[5] (inspection)], the petition should be filed within 20 days after receipt of the notice [see 25 Cal. Code Reg. 4013]. [4] Notice of Hearing On receiving a petition, the Department must set a time and place for the hearing and give the petitioner written

notice of the hearing [25 Cal. Code Reg. 4046]. [5] Hearing The hearing must commence no later than 30 days after the day on which the petition was filed provided that, on application of the petitioner, the Department may postpone the date of the hearing for a reasonable time beyond such 30-day period, if in its judgment the petitioner has submitted a good and sufficient reason for such postponement [25 Cal. Code Reg. 4046]. A request for postponement may be in the form of a letter.

Should petitioner fail to appear at the scheduled time and place of the hearing, the Department may dismiss the petition without further action [25 Cal. Code Reg. 4046]. [6] Decision On the hearings conclusion, the director of the Department or the directors duly authorized representative must notify the petitioner in writing of the decision in the matter [25 Cal. Code Reg. 4046.5]. 369.131 Petition for Writ of Mandate [Code Civ. Proc. 1085, 1086] By Mobilehome Park Developer Against Local Enforcement Agency for Refusal to Grant Extension of Construction Permit [Health & Safety Code 18509] [1] FORM Petition for Writ of Mandate [Code Civ. Proc. 1085, 1086] By Mobilehome Park Developer Against Local Enforcement Agency for Refusal to Grant Extension of Construction Permit [Health & Safety Code 18509]

SUPERIOR COURT OF CALIFORNIA, COUNTY OF ___________________

______________________ [name],

Petitioner,

vs.

______________________ [name],

Respondent.) ) ) ) ) ) )

NO. _____

PETITION FOR WRIT OF MANDATE

[Code Civ. Proc. 1085[Deerings], 1086 (Deerings)] __________________________________________________

1. Petitioner is _________________ [identify petitioner and describe capacity, if other than an individual, in which the proceeding is being brought, e.g., a partnership with its principal place of business in ___________________ County, California (if appropriate, add: and it has filed and published the fictitious business name statement as required by Business and Professions Code Sections 17910-17917[Deerings])].

2. Respondent ___________________ [name, e.g., Director of Building Inspection for the County of San Diego] is, and at all times herein mentioned was, the enforcement agency as that term is used in the Mobilehome Parks Act, Health and Safety Code Sections 18200-18700[Deerings], and regulations promulgated thereunder (25 California Code of Regulations Sections 1000-1758).

3. Respondent is authorized and empowered to grant extensions of construction permits for mobilehome parks for a reasonable time pursuant to Health and Safety Code Section 18509[Deerings], provided work has actually been commenced within six months under the permit as issued.

4. On ___________________ [date], petitioner obtained a construction permit for a mobilehome park. On ___________________ [date], work on the mobilehome park was actually commenced. On ___________________ [date], petitioner requested that respondent extend the permit for six months, that is, to ___________________ [date], for the reason that _________________ [specify, e.g., unanticipated delays in obtaining approval from the Federal Housing Administration made it impossible to complete construction before the original expiration date of the permit].

5. Respondent refused to grant petitioners request for an extension. This refusal was an abuse of respondents discretion in that _________________ [specify, e.g., respondents standard for passing on such requests was unreasonable. Respondents sole criterion was whether or not, in respondents judgment based on a field inspection of the project, work was being pursued diligently. This standard, which petitioner was unable to meet for the reason mentioned above, failed to take into account other evidence showing petitioners good faith intent to complete construction expeditiously, such as the extent of petitioners preparation for the project, petitioners expenditure of substantial sums on the project, and petitioners ability, when the extension was requested, to complete the project within six months].

[6. Allege other abuse of discretion, if any, e.g., Not only was respondents standard unreasonable, but respondent applied it capriciously and arbitrarily. In at least ___________________ other cases, respondent granted requests for extension solely on the basis of respondents personal satisfaction that the permit holders were ready to proceed with the project in question, without making any field inspection and without considering the amount of construction actually done when the extension was requested.]

[7. Allege other basis for relief, if any, e.g., Two months before petitioners permit would have expired, petitioner informed respondent of the difficulty petitioner was having in getting FHA approval and of petitioners probable need for an extension. At that time respondent advised petitioner not to spend any more money on the project until I [respondent] hear from the County Counsel. Relying on respondents advice, petitioner made no effort to proceed with construction which might otherwise have been undertaken so as to meet respondents standard of diligent construction work.]

8. On ___________________ [date], petitioner was ready, willing, and able to proceed with construction and to complete the project within six months.

WHEREFORE, petitioner prays:

1. For an alternative writ of mandate commanding respondent to grant an extension of petitioners construction permit for six months or to show cause before this court at a time specified by court order why respondent has not done so and why a peremptory writ should not issue;

2. On the hearing, for a peremptory writ of mandate commanding respondent forthwith to grant an extension of petitioners construction permit for six months;

3. For costs of suit herein incurred; and

4. For such other and further relief as the court may deem proper.

Dated: ____________________.

______________________ [signature]

Attorney for petitioner

VERIFICATION

I, ___________________ [name], am the petitioner in this proceeding. I have read the foregoing petition and know the contents thereof. The same is true of my own knowledge, except as to those matters which are therein alleged on information and belief, and, as to those matters, I believe it to be true.

I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on ___________________ [date], at ___________________, California.

______________________ [signature] [2] Use of Form The form in [1], above, is a petition for use by the holder of a mobilehome park construction permit, for a writ of mandate directing a local enforcement agency [see 369.11[4]] to grant an extension request which had previously been refused. The form is based on the facts reported in Morgan v. County of San Diego (1971) 19 Cal. App. 3d 636, 97 Cal. Rptr. 180 [see [4], below].

Proceedings for writ of mandate are governed by Code Civ. Proc. 1085-1097[Deerings]. [3] Extension of Mobilehome Park Construction Permits All permits as required under the permits and fees chapter in the Mobilehome Parks Act for construction or reconstruction must automatically expire within six months from the date of the permits issuance in those cases when the construction or reconstruction has not been completed within this period. However, the enforcement agency may extend the permits expiration date for a reasonable time [Health & Safety Code 18509 (Deerings)]. [4] When Refusal to Grant Extension Is Improper A local enforcement agencys refusal to grant an extension for a mobilehome park construction permit was an abuse of discretion when the standard for passing on these requests was unreasonable and this standard was arbitrarily and capriciously applied. The enforcement agency was estopped to deny the request for extension when the permit holders failure to meet the agencys standard was based on the agencys advice [Morgan v. County of San Diego (1971) 19 Cal. App. 3d 636, 640-642, 97 Cal. Rptr. 180]. [5] Permit to Operate on Completion of Construction On final approval by the enforcement agency of the construction of lots and facilities, the applicant must submit an application for a permit to operate or amended permit to operate on a form designated by the Department of Housing and Community Development, together with appropriate fees, to the enforcement agency [25 Cal. Code Reg. 1010(a)]. The applicant must submit the application to the Department when the Department is the enforcement agency. On approval by the Department, an annual permit to operate will be issued to the applicant [25 Cal. Code Reg. 1010(a)(1)]. When a local enforcement agency has enforcement responsibilities, the application must be submitted to that agency. On approval by the enforcement agency, one copy of the approved ap-

plication must be provided to the applicant and one copy of the approved application together with the required state fees must immediately be forwarded to the Division of Codes and Standards by the enforcement agency. Within 10 working days of receiving the approved application, the Division of Codes and Standards must issue the initial permit to operate, with copies to the applicant and local enforcement agency. Subsequent years annual permits must be issued by the enforcement agency [25 Cal. Code Reg. 1010(a)(2)]. [6] Cross References For discussion of, and forms for use in, mandate actions other than administrative mandate proceedings, see Ch. 358, Mandate and Prohibition. 369.132 Petition and Supporting Declaration [Civ. Code 798.88] for Temporary Restraining Order [Code Civ. Proc. 527(a)] and Permanent Injunction [Civ. Code 3422] By Mobilehome Park Management Against Resident of Mobilehome Park for Violation of Mobilehome Park Rule [1] FORM Petition and Supporting Declaration [Civ. Code 798.88] for Temporary Restraining Order [Code Civ. Proc. 527(a)] and Permanent Injunction [Civ. Code 3422] By Mobilehome Park Management Against Resident of Mobilehome Park for Violation of Mobilehome Park Rule

SUPERIOR COURT OF CALIFORNIA, COUNTY OF ___________________

______________________ [name],

Petitioner,

vs.

______________________ [name],

[and DOES I through ___________________ ,]

Respondent[s].) ) ) ) ) ) ) )

NO. _____

PETITION FOR TEMPORARY RESTRAINING ORDER AND PERMANENT INJUNCTION AND SUPPORTING DECLARATION OF ___________________ [name] __________________________________________________

Petitioner alleges:

1. Petitioner is, and at all times herein mentioned was, ___________________ [specify proprietary interest or other capacity, e.g., owner and operator] of a mobilehome park, as defined in Civil Code Section 798.4[Deerings], commonly referred to as _________________ [specify name and street address of mobilehome park], ___________________ County, California (hereinafter the mobilehome park).

2. Respondent ___________________ [name] is, and at all times mentioned herein was, a ___________________ [homeowner or resident or homeowner and resident] of the mobilehome park.

[3. Respondents Doe I through Doe ___________________, inclusive, are sued herein under fictitious names. Their true names and capacities are unknown to petitioner. When their true names and capacities are ascertained, petitioner will amend this complaint by inserting their true names and capacities herein. (Petitioner is informed and believes and thereon alleges that each of the fictitiously named respondents is responsible in some manner for the occurrences herein alleged.)]

4. Beginning on or about ___________________ [date], [and continuing to the present time,] respondent [repeatedly,] wrongfully and unlawfully violated the rules of the mobilehome park by _________________ [specify violation, e.g., maintaining pets in violation of mobilehome park rule ___________________ (hereinafter the mobilehome park rule) prohibiting more than one pet].

[5. On ___________________ (date), petitioner served written notice on respondent to cease violating the mobilehome park rule. A copy of this notice is attached to this petition as Exhibit A and made a part of this petition. Nevertheless, respondent has continued to violate the mobilehome park rule.]

6. Respondents violation of the mobilehome park rule, unless and until enjoined and restrained by order of this court, will cause great and irreparable harm to petitioner and other mobilehome park homeowners and residents in that _________________ [specify particular facts indicating how respondents actions will constitute great and irreparable injury, e.g., the pets on defendants premises and in the mobilehome park cause noise and disruption to all the other residents of the park].

[7. Petitioner has incurred and will incur attorneys fees in prosecuting this action.]

WHEREFORE, petitioner prays judgment against respondent, as follows:

1. For an order requiring respondent to show cause, if any he/she has, why he/she should not be enjoined as hereinafter set forth, during the pendency of this action;

2. For a temporary restraining order, and a permanent injunction, enjoining respondent, and his/her agents, servants, and employees, and all persons acting under, in concert with, or for him/her:

a. From _________________ [specify each of the acts, courses of conduct, and conditions respondent is to be prohibited from doing, commencing, continuing, maintaining, failing to do, etc., e.g., violating mobilehome park rule ___________________ by allowing more than one pet on his/her premises];

b. To _________________ [specify each of the acts, courses of conduct, and conditions respondents are to be commanded to do, undertake, etc., e.g., remove permanently all pets in excess of one from his/her premises];

[3. For attorneys fees in the sum of $____________________;]

4. For costs of suit herein incurred; and

5. For such other and further relief as the court deems proper.

______________________ [signature]

Attorney for Petitioner

[Verification. See 369.140.]

SUPPORTING DECLARATION OF ___________________ [name]

I, ___________________ [name], declare:

1. I am the petitioner in this action and make this declaration in support of my application for a temporary restraining order.

2. I am the ___________________ [specify proprietary interest or other capacity, e.g., owner and operator] of the ___________________ [specify name of mobilehome park], mobilehome park (hereinafter the mobilehome park).

3. Respondent ___________________ [name] is a ___________________ [homeowner or resident or homeowner and resident] of the mobilehome park.

4. Rule ___________________ of the mobilehome park provides _________________ [describe violated rule, e.g., that there must be no more than one pet per residence]. A copy of the mobilehome park rules is attached to this Declaration as Exhibit ___________________. Respondent has repeatedly violated this rule.

[5. On ___________________ (date), (and a number of times since then,) I demanded in writing that respondents stop their violation of the rules. A copy of the demand is attached to this Declaration as Exhibit ___________________. Respondents have refused, and still refuse, to refrain from their rule violations.]

6. Unless a temporary restraining order is granted, great and irreparable harm will result to me and other homeowners and residents of the mobilehome park in that _________________ [describe injury, e.g., the pets on defendants premises and in the mobilehome park cause noise and disruption to all the other residents of the park].

7. The above facts are within my personal knowledge and I am competent to testify to their truth if called as a witness.

I declare under penalty of perjury that the foregoing is true and correct.

Dated: ____________________.

______________________ [signature]

[2] Use of Form The form in [1], above, is a petition and supporting declaration for use by mobilehome park management to obtain a temporary restraining order and injunction against violation of mobilehome park rules. It is authorized by Civ. Code 798.88[Deerings]. [3] Verification and Notice Verification [see Code Civ. Proc. 446 (Deerings)] is required if petitioner is seeking a temporary restraining order and/or preliminary injunction based on facts alleged in the petition alone without the use of affidavits (or declarations under penalty of perjury [Code Civ. Proc. 2015.5 (Deerings)]) [Code Civ. Proc. 527(a)[Deerings], (c)(1) (Deerings)]. Otherwise, verification is not required. If the petition is verified, however, the answer must be verified [Code Civ. Proc. 446 (Deerings)]. Moreover, a verified complaint precludes a general denial in the answer in superior court [see Code Civ. Proc. 431.30(d) (Deerings)].

A preliminary injunction may not be granted without notice to the opposing party [Code Civ. Proc. 527(a) (Deerings)]. [4] Certification re Notice When a temporary restraining order is sought without formal notice, the applicant or the applicants attorney is required to certify to the court under oath that (1) within a reasonable time before the application, he or she informed the opposing party, or his or her attorney if any, at what time and where the application would be made, (2) he or she in good faith attempted to inform the opposing party or attorney but was unable to do so, specifying the efforts made to do so, or (3) for reasons specified, he or she should not be required to inform the opposing party or attorney [Code Civ. Proc. 527(c)(2)[Deerings]; Cal. Rules of Ct., Rule 3.1204(b) (Deerings)]. The certification is normally appended to the application for the temporary restraining order. For a certification of notice, see Ch. 303, Injunctions.

In addition to the certification, a temporary restraining order may not be granted without notice to the opposing party unless it appears from facts shown by affidavit or by verified complaint that great or irreparable injury will result to the applicant before the matter can be heard on notice [Code Civ. Proc. 527(c)(1) (Deerings)]. [5] Jurisdiction and Venue The petition must be filed in the superior court for the county in which the mobilehome park is located [Civ. Code 798.88(b) (Deerings)].

The granting of either a provisional or final injunction requires personal jurisdiction over the person enjoined [see Comfort v. Comfort (1941) 17 Cal. 2d 736, 741, 112 P.2d 259 (permanent); Rothschild v. Erda (1968) 258 Cal. App. 2d 750, 753, 66 Cal. Rptr. 209 (preliminary); see generally Ch. 323, Jurisdiction: Personal Jurisdiction, Inconvenient Forum, and Appearances].

[6] Allegations The form of petition in [1], above, alleges all of the following:

Petitioners capacity as management of the mobilehome park (Paragraph 1);

Respondents capacity as a homeowner and/or resident of the mobilehome park (Paragraph 2);

An optional allegation alleging fictitious respondents (Paragraph 3) [see Code Civ. Proc. 474 (Deerings)];

The nature of respondents violation of the mobilehome park rules (Paragraph 4);

Petitioners written notice of the violation to Respondents (Paragraph 5);

Facts showing how respondents conduct will constitute great and irreparable injury (Paragraph 6) [Civ. Code 798.88(b)[Deerings]; see Code Civ. Proc. 527(c)(1) (Deerings)]; and

An optional allegation relating to attorneys fees (Paragraph 7) [Civ. Code 798.85 (Deerings)]. [7] Service of Temporary Restraining Order If a temporary restraining order is granted, it must be personally served on the respondent homeowner or resident with the petition for injunction and notice of hearing. The restraining order remains in effect for a period not to exceed 15 days, except as modified or sooner terminated by the court [Civ. Code 798.88(c) (Deerings)]. [8] Hearing on Injunction Within 15 days of filing the petition for an injunction, a hearing must be held. 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, it will issue an injunction prohibiting the violation [Civ. Code 798.88(d) (Deerings)].

A party to the action may appear through legal counsel or in propria persona [Civ. Code 798.88(f) (Deerings)].

[9] Duration of Injunction The injunctions duration may not exceed three years [Civ. Code 798.88(d) (Deerings)]. Not more than three months before the expiration of the injunction, however, management may petition for a new injunction if there has been recurring or continuous violation of the injunction or there is a threat of future violation of the mobilehome parks rules on termination of the injunction [Civ. Code 798.88(e) (Deerings)]. [10] Declaration A supporting declaration is required for a temporary restraining order under Civ. Code 798.88[Deerings] [Civ. Code 798.88(b)[Deerings]; see Code Civ. Proc. 527(c)(1) (Deerings)]. [11] Cross References For discussion, a procedural checklist, and additional forms necessary to obtain a preliminary or permanent injunction, see Ch. 303, Injunctions.

For memoranda supporting and opposing the issuance of preliminary injunctions, see Californi Points and Authorities, Ch. 116, Injunctions (Matthew Bender). 369.133-369.139 [Reserved]

C. Complaints 369.140 Complaint for Damages [Civ. Code 1780(a)] By Mobilehome Buyer Against Dealer for Breach of Statutory Warranty Against Substantial Defects [Civ. Code 1770(a)(7), 1797.3] [1] FORM Complaint for Damages [Civ. Code 1780(a)] By Mobilehome Buyer Against Dealer for Breach of Statutory Warranty Against Substantial Defects [Civ. Code 1770(a)(7), 1797.3]

SUPERIOR COURT OF CALIFORNIA, COUNTY OF ___________________

______________________ [name],

Plaintiff,

vs.

______________________ [name],

Defendant.) ) ) ) ) ) )

NO. _____

COMPLAINT FOR DAMAGES

(Breach of Warranty)

[Amount demanded ___________________ (exceeds or does not exceed) $10,000]

[LIMITED CIVIL CASE]

__________________________________________________

Plaintiff alleges:

1. Plaintiff is, and at all times mentioned in this complaint was, a resident of ___________________ County, California.

2. ___________________ [Defendant ___________________ (name) is, and at all times mentioned in this complaint was, a corporation, organized and existing under the laws of California, with its principal office for the transaction of business in ___________________ County or alleged other capacity of defendant], ___________________ [authorized or licensed] to engage, and engaging, in business as a seller of mobilehomes.

3. On or about ___________________ [date], at _________________ [street address and city], in ___________________ County, California, defendant sold to plaintiff a mobilehome _________________ [describe, e.g., Model 123-4, called Sunset, manufactured by the California Mobilehome Manufacturing Company, Inc., bearing the identification number 123-4-567890].

4. The mobilehome was bought by plaintiff primarily for personal, family, or household purposes.

5. At the time of the sale, defendant represented to plaintiff, in a writing entitled Mobilehome Warranty, that the mobilehome was free from any substantial defects in materials or workmanship. In fact the mobilehome was substantially defective in that _________________ [specify defects in materials and/or workmanship, e.g., none of the windows were sealed in their openings, with the result that water could and did seep to the insides of the walls and the interior of the mobilehome during rainstorms]. This defect became evident on ___________________ [date].

6. [Plaintiff is informed and believes and thereon alleges that] [T]he above-mentioned misrepresentation was intended by defendant to result in the above-mentioned sale of the mobilehome to plaintiff, and [plaintiff alleges that] the above-mentioned purchase of the mobilehome was made in reliance on, and as a result of, the representation of defendant that such mobilehome was free from any substantial defects in materials or workmanship.

7. Plaintiff is informed and believes and thereon alleges that the above-mentioned misrepresentation was a willful and intentional violation of the provisions of Civil Code Section 1770(a)(7)[Deerings] and that such violation was not the result of a bona fide error notwithstanding the use of reasonable procedures adopted to avoid

any such error.

8. On or about ___________________ [date not later than one year and 10 days after date of delivery], plaintiff sent to defendant a written Notice and Demand, attached to this complaint as Exhibit B and made a part of this complaint, by ___________________ [certified or registered] mail, return receipt requested, to defendants business address set forth in the Mobilehome Warranty ___________________ [if that is not the place where the transaction occurred, or is not defendants principal place of business within California, add and to ___________________ (the place where the transaction occurred or defendants principal place of business within California)], which Notice and Demand notified defendant of the above-mentioned violation of Civil Code Section 1770(a)(7)[Deerings] that resulted in the sale of the mobilehome to plaintiff and demanded that defendant correct, repair, replace, or otherwise rectify the mobilehome purchased by plaintiff and sold in violation of this section.

9. Within 30 days of the receipt of the Notice and Demand, attached to this complaint as Exhibit B, defendant failed to correct, repair, replace, or otherwise rectify, and failed to agree to correct, repair, replace, or otherwise rectify within a reasonable time, the above-mentioned mobilehome.

10. By reason of the above-mentioned violation of Civil Code Section 1770(a)(7)[Deerings], plaintiff has been injured in that _________________ [specify, e.g., plaintiff was obliged to and did incur expenses totaling $____________________ for having the defective condition of the windows rectified and damage to the walls and floor of the mobilehome repaired].

WHEREFORE, plaintiff prays judgment as follows:

1. For damages in the sum of $____________________;

2. For punitive damages in the sum of $____________________;

3. For costs of suit herein incurred; and

4. For such other and further relief as the court may deem proper.

______________________ [firm name, if any]

By: ______________________ [signature]

______________________ [typed name]

Attorney for Plaintiff ______________________ [name]

VERIFICATION

I, ___________________ [name], am the plaintiff in the above-entitled action. I have read the foregoing complaint and know the contents thereof. The same is true of my own knowledge, except as to those matters which are therein alleged on information and belief, and as to those matters, I believe it to be true.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

______________________ [date]

______________________ [signature] [2] Use of Form The form in [1], above, is a complaint for use by a mobilehome buyer, who buys for personal, family, or household purposes from a dealer, to claim damages under the Consumers Legal Remedies Act [Civ. Code 17501784 (Deerings)] for breach of the statutory warranty against substantial defects in materials and workmanship [see Civ. Code 1797-1797.7[Deerings] (mobilehome warranties law)].

In some cases, the civil penalty equal to two times actual damages, plus reasonable costs and attorneys fees, available under Civ. Code 1794(c)[Deerings], (d)[Deerings], discussed in Ch. 500, Sales: Sales Under the Commercial Code. will exceed punitive damages [see, e.g., Troensegaard v. Silvercrest Industries, Inc. (1985) 175 Cal. App. 3d 218, 221, 226-228, 220 Cal. Rptr. 712 (plaintiff may not recover both civil penalty under Civ. Code 1794(c)[Deerings] and punitive damages under Civ. Code 3294[Deerings])].

For discussion of, and additional forms for use in, actions under the Consumers Legal Remedies Act, see Ch. 500, Sales: Sales Under the Commercial Code. [3] Cause of Action [a] Representations of Seller The sellers representation that goods sold to a consumer are of a particular standard or quality, where the goods are of another standard or quality, is unlawful [Civ. Code 1770(a)(7) (Deerings)], and any resulting injury to the consumer is a cause of action for damages, including punitive damages, or other appropriate relief [Civ. Code 1780(a) (Deerings)]. If the requisite findings of fact are made, any senior or disabled plaintiff in an action under Civ. Code 1780[Deerings] may receive an additional award of up to $5,000 [Civ. Code 1780(b)[Deerings], 3345 (Deerings)]. The criteria for the additional award and a form of allegations for use in seeking such an award are contained in Ch. 500, Sales: Sales Under the Commercial Code.

Mobilehomes bought for use primarily for personal, family, or household purposes, including mobilehomes which, at the time of sale or subsequently thereafter are to be so affixed to real property as to become a part of such real property, are goods in this context [see Civ. Code 1761(a) (Deerings)], and any individual who buys such a mobilehome for personal, family, or household purposes is a consumer [see Civ. Code 1761(d) (Deerings)]. A dealer who, in selling a mobilehome to a consumer, makes the warranty required by Civ. Code 1797.3[Deerings], that the mobilehome is free from any substantial defects in materials or workmanship, thereby [r]epresent[s] that goods are of a particular standard, quality, or grade [Civ. Code 1770(a)(7) (Deerings)]. If in fact the mobilehome is not free from substantial defects in materials or workmanship if the goods are of another standard, quality, or grade the warranty is breached, and in the breach the dealer is guilty of one of the many acts declared in Civ. Code 1770[Deerings] to be unlawful. The buyer is entitled to damages, or other appropriate relief, for resulting injury, if any [see Civ. Code 1780(a) (Deerings)]. [b] Applicability of Residence Exception

The Consumers Legal Remedies Act [Civ. Code 1750-1784 (Deerings)] does not apply to any transaction that provides for the construction, sale, or construction and sale of an entire residence or all or part of a structure designed for commercial or industrial occupancy, with or without a parcel of real property or an interest therein, or for the sale of a lot or parcel of real property, including any site preparation incidental to the sale [Civ. Code 1754 (Deerings)]. Although a mobilehome may be considered an entire residence, the intent of Civ. Code 1754[Deerings] appears to create an exception to the Consumers Legal Remedies Act only for sales of ordinary houses or units in multi-family buildings. [4] Breach of Statutory Warranty The statutory warranty against substantial defects is breached only when substantial defects (not defined in the mobilehome warranties law) become evident within one year from the date of delivery of the mobilehome to the buyer (also not defined), and the buyer gives written notice of the defects to the dealer at the dealers business address not later than one year and 10 days after the date of delivery, and within a reasonable time thereafter the dealer does not fulfill the terms of the warranty [see Civ. Code 1797.3(b) (Deerings)].

The manufacturer is jointly and severally liable with the dealer for fulfillment of the terms of the warranty [Civ. Code 1797.3(c) (Deerings)].

Breach of the statutory warranty may not be cited as a cause of action under the Consumers Legal Remedies Act, Civ. Code 1770(g)[Deerings] (misrepresentation of quality), unless the buyer demanded correction, repair, replacement, or other rectification of the defective mobilehome, and within 30 days thereafter the dealer did not, and made no agreement with the buyer to, correct, repair, replace, or otherwise rectify it [see Civ. Code 1782(a)[Deerings], (b) (Deerings)]. [5] Commencement of Action An action under the Consumers Legal Remedies Act may not be commenced within 30 days after giving notice of the defects and demand for corrective action [Civ. Code 1782(a) (Deerings)] or more than three years after the date of the misrepresentation [Civ. Code 1783 (Deerings)]. [6] Venue and Affidavit Venue for an action under the Consumers Legal Remedies Act is prescribed in Civ. Code 1780(c)[Deerings]. The complaint must be accompanied by an affidavit showing the action has been commenced in the proper county [Civ. Code 1780(c) (Deerings)]. For a form of affidavit, see Ch. 500, Sales: Sales Under the Commercial Code. [7] Cross References For discussion of, and forms for use in, actions based on breach of warranty in sales of goods, including actions under the Song-Beverly Consumer Warranty Act [Civ. Code 1790 et seq. (Deerings)] and the Consumers Legal Remedies Act [Civ. Code 1750 et seq. (Deerings)], see Ch. 500, Sales: Sales Under the Commercial Code. 369.141 Complaint for Damages By Mobilehome Buyer Against Dealer or Other Seller for Improper Escrow [Health & Safety Code 18035(n)]

[1] FORM Complaint for Damages By Mobilehome Buyer Against Dealer or Other Seller for Improper Escrow [Health & Safety Code 18035(n)]

SUPERIOR COURT OF CALIFORNIA, COUNTY OF ___________________

______________________ [name],

Plaintiff,

vs.

______________________ [name],

[and DOES I through ___________________ ,]

Defendant(s).) ) ) ) )

) ) )

NO. _____

COMPLAINT FOR DAMAGES

(Improper Mobilehome Escrow)

[Amount demanded ___________________ (exceeds or does not exceed) $10,000]

[LIMITED CIVIL CASE] __________________________________________________

Plaintiff alleges:

1. Defendant is ___________________ [specify defendants status as dealer or other seller of mobilehomes, e.g., a person engaged in the business of selling mobilehomes, and a dealer of mobilehomes within the meaning of Health & Safety Code Section 18002.6 (Deerings)].

2. On ___________________ [date], _________________ [allege facts showing agreement to purchase new or used mobilehome, e.g., plaintiff and defendant entered into an agreement, by the terms of which plaintiff would purchase from defendant a new mobilehome, Model 123-4, called Sunset, manufactured by the California Mobilehome Manufacturing Company, Inc., bearing the identification number 123-4-567890 (referred to below as the agreement). Defendant executed and plaintiff signed a written purchase order evidencing the agreement. (A copy of the purchase order is attached to this complaint as Exhibit A and made a part of this complaint.)]

3. _________________ [Allege facts showing violation by defendant of Health & Safety Code 18035[Deer-

ings], e.g., Pursuant to the terms of the agreement, plaintiff paid defendant a downpayment in the amount of $____________________ (referred to below as the downpayment). Defendant subsequently retained the downpayment and failed to deposit it in an escrow account, in violation of Health & Safety Code Section 18035(a) [Deerings].]

4. _________________ [Allege damages, e.g., A dispute has arisen between plaintiff and defendant with regard to the agreement, and on ___________________ (date), plaintiff demanded that defendant refund the downpayment. Defendant has refused and continues to refuse to refund the downpayment. As a result of defendants failure to deposit the downpayment in an escrow account, plaintiff is unable to recover the downpayment as authorized under Health & Safety Code Section 18035(f)[Deerings], and has been damaged in the amount of $____________________].

5. As a result of defendants violation of Health & Safety Code Section 18035[Deerings], plaintiff is entitled to additional statutory damages in the amount of $____________________ [specify amount not in excess of $2,000 pursuant to Health & Safety Code 18035(n) (Deerings)].

[6. Plaintiff has incurred and will incur attorneys fees in prosecuting this action.]

WHEREFORE, plaintiff prays judgment against defendant[s, and each of them,] as follows:

1. For actual damages in the sum of $____________________;

2. For statutory damages in the sum of $____________________ [specify amount not in excess of $2,000];

[3. For attorneys fees in the sum of $____________________;]

4. For costs of suit herein incurred; and

5. For such other and further relief as the court may deem proper.

______________________ [date]

______________________ [signature]

Attorney for Plaintiff

[Verification, if desired. See 369.140.] [2] Use of Form The form in [1], above, is a complaint for use in an action by a buyer of a mobilehome against a dealer or other seller based on improper escrow practice. With appropriate modifications, this form may also be used in an action for improper escrow practice by a dealer or other seller of mobilehomes against a buyer [Health & Safety Code 18035(n) (Deerings)]. [3] Allegations The form of complaint in [1], above, alleges all of the following:

Defendants status as a dealer or other seller of mobilehomes (Paragraph 1) [Health & Safety Code 18035(n) (Deerings)];

The agreement between plaintiff and defendant for the purchase of a new or used mobilehome (Paragraph 2) [Health & Safety Code 18035(a)[Deerings], (n) (Deerings)];

Defendants violation of Health & Safety Code 18035[Deerings] (Paragraph 3) [Health & Safety Code 18035(n)[Deerings]; see also Health & Safety Code 18035(a) (Deerings)];

Plaintiff s actual damages (Paragraph 4) [Health & Safety Code 18035(n) (Deerings)];

That plaintiff is entitled to statutory damages in an amount not in excess of $2,000 as a result of defendants violation of Health & Safety Code 18035[Deerings] (Paragraph 5) [Health & Safety Code 18035(n) (Deerings)]; and

An optional allegation relating to attorneys fees (optional Paragraph 6) [Health & Safety Code 18035(n) (Deerings)]. [4] Damages A plaintiff who prevails in an action under Health & Safety Code 18035(n)[Deerings] will be awarded actual damages plus an amount not in excess of $2,000. Additionally, a prevailing plaintiff will be awarded attorneys fees and court costs [Health & Safety Code 18035(n) (Deerings)]. [5] Cross References For discussion of escrows generally, see Ch. 253, Escrows. 369.142 Complaint for Preliminary [Code Civ. Proc. 527(a)] and Permanent Injunction [Code Civ. Proc. 526, 731] and Damages [Civ. Code 3333] By Resident of Mobilehome Park Against Mobilehome Park Management for Failure to Maintain Common Facilities in Good Working Order [Civ. Code 798.87] [1] FORM Complaint for Preliminary [Code Civ. Proc. 527(a)] and Permanent Injunction [Code Civ. Proc. 526, 731] and Damages [Civ. Code 3333] By Resident of Mobilehome Park Against Mobilehome Park Management for Failure to Maintain Common Facilities in Good Working Order [Civ. Code 798.87]

SUPERIOR COURT OF CALIFORNIA, COUNTY OF ___________________

______________________ [name],

Plaintiff,

vs.

______________________ [name],

[and DOES I through ___________________ ,]

Defendant(s).) ) ) ) ) ) ) )

NO. _____

COMPLAINT FOR DAMAGES AND PRELIMINARY AND PERMANENT INJUNCTION (Failure to Maintain Common Areas of Mobilehome Park)

[Amount demanded ___________________ (exceeds or does not exceed) $10,000]

[LIMITED CIVIL CASE]

__________________________________________________

Plaintiff alleges:

1. Defendant(s) is/are the ___________________ [specify proprietary interest or other capacity, i.e., owners and operators] of a mobilehome park, as defined in Civil Code Section 798.4[Deerings], commonly referred to as _________________ [specify name and street address of mobilehome park], ___________________ County, California (hereinafter the mobilehome park).

2. Plaintiff is, and at all times herein mentioned was, a resident of the mobilehome park.

[3. Plaintiff is, and at all times herein mentioned was, a tenant of the mobilehome park under a rental agreement dated ___________________, between plaintiff and ___________________ (specify landlord, e.g., defendant), and is a homeowner within the meaning of Civil Code Section 798.9[Deerings]. (A copy of the rental agreement is attached to this complaint as Exhibit A and made a part of this complaint.)]

[4. Defendants Does I-___________________, inclusive, are sued herein under fictitious names. Their true names and capacities are unknown to plaintiff. When their true names and capacities are ascertained, plaintiff will amend this complaint by inserting their true names and capacities herein. (Plaintiff is informed and believes and thereon alleges, that each of the fictitiously named defendants is responsible in some manner for the occurrences herein alleged, and that plaintiff s damages as herein alleged were proximately caused by those defendants.)]

[5. Plaintiff is informed and believes and thereon alleges that at all times herein mentioned each of the defendants was the agent and employee of each of the remaining defendants, and in doing the things hereinafter alleged, was acting within the course and scope of such agency and employment.]

6. At all times herein mentioned, and since ___________________ [date], defendants, and each of them, have substantially failed to ___________________ [provide or maintain or provide and maintain] physical improvements to the common areas of the mobilehome park [that are] in good working order and condition in that _________________ [describe nature of defendants failure, e.g., they have failed to provide lighting in the common areas of the mobilehome park and maintain the fence surrounding the mobilehome park, rendering the mobilehome park unprotected from and vulnerable to criminal activity].

7. Defendants substantial failure to ___________________ [provide or maintain or provide and maintain] physical improvements to the common areas of the mobilehome park [that are] in good working order and condition constitutes a public nuisance under Civil Code Section 798.87(a)[Deerings]. At the same time, it causes special injury to plaintiff in that _________________ [specify injury to plaintiff different in kind from that suffered by others, e.g., the fence surrounding the mobilehome park has partially collapsed and has damaged plaintiff s mobilehome].

[EITHER]

8. On ___________________ [specify date at least 30 days before filing of complaint], in accordance with Civil Code Section 798.84(b)-(d)[Deerings], plaintiff served defendants with written notice of the basis of his/her claim, and the specific allegations set forth and remedies requested herein. A copy of this notice is attached to this complaint as Exhibit B and made a part of this complaint. However, defendants have refused, and continue to refuse to abate the nuisance resulting from their failure to _________________ [specify, e.g., maintain the common areas of the mobilehome park].

[OR]

8. On ___________________ [specify date at least 30 days before filing of complaint], ___________________ [specify state or local agency] notified defendants [in writing] that defendants had failed to _________________ [specify, e.g., maintain in good working order the lighting in the common areas of the mobilehome park and the fence surrounding the mobilehome park]. [A copy of this notice is attached to this complaint as Exhibit B and made a part of this complaint.] However, defendants have refused, and continue to refuse to abate the nuisance resulting from their failure to _________________ [specify, e.g., maintain the common areas of the mobilehome park].

[CONTINUE]

9. Defendants, and each of them, have threatened to and will, unless restrained by this court, continue to maintain the nuisance complained of, and each and every act and failure to act has been, and will be, without the consent, against the will, and in violation of the rights of plaintiff.

10. As a proximate result of the nuisance created by defendants, and each of them, plaintiff has been, and will be, damaged in the sum of $____________________, which sum is necessary to _________________ [specify damage to be corrected, e.g., repair damage to his/her mobilehome caused by the partial collapse of the fence surrounding the mobilehome park].

11. Unless defendants, and each of them, are restrained by order of this court, it will be necessary for plaintiff to commence many successive actions against defendants, and each of them, to secure compensation for damages sustained, thus requiring a multiplicity of suits, and plaintiff will be daily threatened by defendants failure to _________________ [specify, e.g., maintain the common areas of the mobilehome park].

12. Unless defendants, and each of them, are enjoined from continuing their course of conduct, plaintiff will suffer irreparable injury in that _________________ [specify irreparable injury, e.g., plaintiff will be deprived of the comfortable enjoyment of his/her mobilehome].

13. Plaintiff has no plain, speedy, or adequate remedy at law, and injunctive relief is expressly authorized by Code of Civil Procedure Sections 526[Deerings] and 731[Deerings].

[14. Plaintiff has incurred and will incur attorneys fees in prosecuting this action.]

[15. In maintaining the nuisance, defendants, and each of them, are acting with full knowledge of the consequences and damage being caused to plaintiff, and their conduct is a willful violation of Civil Code Section 798.87(a)[Deerings]. Accordingly, plaintiff is entitled to an award under ___________________ ( Civil Code 798.86[Deerings] or Civil Code 3294[Deerings]).]

WHEREFORE, plaintiff prays judgment against defendants, and each of them, as follows:

1. For a preliminary and a permanent injunction enjoining defendants, and each of them, and their agents, servants, and employees, and all persons acting under, in concert with, or for them from _________________ [specify each act, course of conduct, and condition defendants are to be prohibited from doing, commencing, continuing, maintaining, failing to provide or maintain, etc., e.g., failing to provide lighting in the common areas of the mobilehome park and maintain the fence surrounding the mobilehome park];

2. For damages in the sum of $____________________;

[3. For damages under ___________________ ( Civil Code 798.86[Deerings] or Civil Code 3294[Deerings]) for defendants willful violation of Civil Code Section 798.87 (Deerings)];

[4. For attorneys fees in the sum of $____________________;]

5. For costs of suit herein incurred; and

6. For such other and further relief as the court may deem proper.

______________________ [date]

______________________ [firm name, if any]

By: ______________________ [signature]

______________________ [typed name]

Attorney for Plaintiff ______________________ [name]

[Verification. See 369.140.] [2] Use of Form

The form in [1], above, is a complaint for use in an action by a mobilehome park resident against the mobilehome park management for a preliminary and permanent injunction and damages based on the managements substantial failure to provide or maintain physical improvements to the common areas of the mobilehome park that are in good working order and condition [Civ. Code 798.87(a) (Deerings)]. With appropriate modifications, this form may also be used in an action against a mobilehome park resident for a preliminary and permanent injunction and damages based on the residents substantial violation of a mobilehome park rule [see Civ. Code 798.87(b) (Deerings)].

The substantial failure of mobilehome park management to provide and maintain physical improvements in the common facilities in good working order and condition and the substantial violation of a mobilehome park rule are deemed public nuisances. However, notwithstanding the provisions of Civ. Code 3491[Deerings], these nuisances may only be remedied by a civil action or abatement [Civ. Code 798.87 (Deerings)]. [3] Who May Bring Action A civil action under Civ. Code 798.87[Deerings] may be brought by a mobilehome park resident, the park management, or in the name of the people of California by the district attorney or county counsel of the jurisdiction in which the park, or the greater portion of the park, is located, the city attorney or city prosecutor if the park is located within the citys jurisdiction, or the attorney general [Civ. Code 798.87(c) (Deerings)]. [4] Allegations The form of complaint in [1], above, alleges all of the following:

Defendants proprietary interests and capacities (Paragraph 1) [Civ. Code 798.87 (Deerings)];

Plaintiff s proprietary interest and capacity (Paragraph 2) [Civ. Code 798.87 (Deerings)];

An optional allegation for use when plaintiff is a homeowner within the meaning of Civ. Code 798.9[Deerings] (optional Paragraph 3) [Civ. Code 798.86 (Deerings)];

An optional allegation as to fictitiously named defendant(s) (optional Paragraph 4) [Code Civ. Proc. 474 (Deerings)];

An optional allegation for use when agents are being sued (optional Paragraph 5);

Defendants substantial failure to provide or maintain physical improvements to the common areas of the mobilehome park that are in good working order and condition (Paragraph 6) [Civ. Code 798.87(a) (Deerings)];

That defendants substantial failure is a public nuisance under Civ. Code 798.87[Deerings] (Paragraph 7) [Civ. Code 798.87(a) (Deerings)];

That the public nuisance resulting from defendants conduct is specially injurious to plaintiff (Paragraph 7) [Civ. Code 3493 (Deerings)];

Allegations for use in the alternative depending on whether notice was provided to defendants by plaintiff under Civ. Code 798.84(b)[Deerings], (d)[Deerings], or defendants were notified of their failure to maintain the property by a state or local agency (alternative Paragraphs 8) [Civ. Code 798.84(d) (Deerings)];

Defendants continued maintenance of the nuisance against plaintiff s will (alternative Paragraphs 8 and Paragraph 9);

The nature and amount of damages (Paragraph 10);

The necessity for a multiplicity of suits unless an injunction is granted (Paragraph 11) [Code Civ. Proc. 526(a)(6) (Deerings)];

That plaintiff will suffer irreparable injury unless an injunction is granted (Paragraph 12) [Code Civ. Proc. 527(a) (Deerings)];

The lack of a plain, speedy, or adequate remedy at law and the express authority for an injunction (Paragraph 13) [Civ. Code 3491[Deerings], 3493[Deerings]; Code Civ. Proc. 526[Deerings], 731 (Deerings)];

An optional allegation relating to attorneys fees (optional Paragraph 14) [Civ. Code 798.85 (Deerings)]; and

An optional allegation for statutory damages for use when the plaintiff is a homeowner or former homeowner of the mobilehome park, and defendants violation is willful (optional Paragraph 15) [Civ. Code 798.9[Deerings], 798.86 (Deerings)]. [5] Injunctive Relief in Limited Civil Cases In a limited civil case, the court may issue temporary restraining orders and preliminary injunctions, but not permanent injunctive relief except as otherwise provided by statute. Thus, if permanent injunctive relief is sought, the action generally may not be brought as a limited civil case and must be brought in superior court [see Code Civ. Proc. 85[Deerings], 86(a)(8)[Deerings], 580(b)(2) (Deerings)]. For discussion, a procedural checklist, and additional forms necessary to obtain a temporary restraining order or preliminary injunction, see Ch. 303, Injunctions. Limited civil cases are specifically covered in Ch. 323, Jurisdiction, Inconvenient Forum, and Appearances. [6] Notice Generally, a preliminary injunction may not be granted without notice to the opposing party [Code Civ. Proc. 527(a) (Deerings)]. Specifically, an action based on the failure of mobilehome park management to maintain the common facilities may not be commenced by a homeowner unless the management has been given at least 30 days prior notice of the intention to commence the action [Civ. Code 798.84(a) (Deerings)]. For further discussion of notice requirements, see 369.12[8] (Notice of Intent to Commence Action Against Mobilehome Park) and 369.116 (sample form of notice of intent to commence actions). [7] Damages If a homeowner or former homeowner of a mobilehome park is the prevailing party in a civil action, including a small claims court action, against the management to enforce his or her rights under the Mobilehome Residency Law [Civ. Code 798 et seq. (Deerings)], the homeowner, in addition to damages afforded by law, may, in the courts discretion, be awarded an amount not to exceed $2,000 for each willful violation of those provisions by the management [Civ. Code 798.86 (Deerings)]. The term homeowner means a person who has a tenancy in a mobilehome park under a rental agreement [Civ. Code 798.9 (Deerings)]. The term willful refers to intentional conduct undertaken with knowledge or consciousness of its probable results. For purposes of imposing a penalty under 798.86[Deerings], willful conduct does not require a purpose or specific intent to bring about a result, but does require more than negligence or accidental conduct [Patarak v. Williams (2001) 91 Cal. App. 4th 826, 830, 111 Cal. Rptr. 2d 381 (penalty properly imposed on finding that landlord willfully failed to maintain septic system with knowledge or consciousness that it would probably fail with malodorous and unsanitary consequences)].

A prevailing homeowner may be awarded either the statutory penalty under Civ. Code 798.86[Deerings] or punitive damages under Civ. Code 3294[Deerings] [Civ. Code 798.86(b) (Deerings)]. Civ. Code 798.86[Deerings] was amended by 2003 Stats., ch. 98 (AB 693) to effectively abrogate the holding in De Anza Santa Cruz Mobile Estates Homeowners Assn. v. De Anza Santa Cruz Mobile Estates (2001) 94 Cal. App. 4th 890, 114 Cal. Rptr. 2d 708 that punitive damages could not be recovered in addition to damages for willful violations under Civ. Code 798.86[Deerings]. [8] Verification

Verification [Code Civ. Proc. 446 (Deerings)] is required if plaintiff seeks a temporary restraining order or a preliminary injunction on a complaint instead of on affidavit (or declaration under Code Civ. Proc. 2015.5[Deerings]) [see Code Civ. Proc. 527(a) (Deerings)]. If relying on a verified complaint instead of affidavits (or declarations), counsel must plead evidentiary facts that would entitle plaintiff to the relief sought [see E. H. Renzel Co. v. Warehousemens Union (1940) 16 Cal. 2d 369, 373, 106 P.2d 1; Finnie v. Town of Tiburon (1988) 199 Cal. App. 3d 1, 15, 244 Cal. Rptr. 581]. For discussion, a procedural checklist, and additional forms necessary to obtain a temporary restraining order or preliminary injunction, see Ch. 303, Injunctions.

Otherwise, verification is not required, but verification of the complaint requires the defendant to file a verified answer [Code Civ. Proc. 92(b)[Deerings], 446 (Deerings)] and precludes use of a general denial [Code Civ. Proc. 431.30(d) (Deerings)]. For further discussion of the effect that verifying a complaint has on the answer, see Ch. 26, Answers. [9] Statute of Limitations If notice of an action based on the failure of mobilehome park management to maintain the common facilities of a mobilehome park is served within 30 days of expiration of the applicable statute of limitations, the time for commencing the action will be extended 30 days from the service of the notice [Civ. Code 798.84(e) (Deerings)]. [10] Attorneys Fees The prevailing party is entitled to reasonable attorneys fees and costs. A party will be deemed a prevailing party if the judgment is rendered in his or her favor or the litigation is dismissed in his or her favor before or during the trial, unless the parties otherwise agree in the settlement or compromise [Civ. Code 798.85 (Deerings)]. [11] Cross References For discussion of and forms relating to nuisance generally, see Ch. 391, Nuisance.

For discussion, a procedural checklist, and additional forms necessary to obtain a temporary restraining order or preliminary injunction, see Ch. 303, Injunctions. 369.143 Complaint for Restitution and Injunction [Bus. & Prof. Code 17203] Class Action [Code Civ. Proc. 382] by Mobilehome Park Tenant Against Management for Unfair Competition by Violating Mobilehome Residency Law [Civ. Code 798 et seq.] [1] FORM Complaint for Restitution and Injunction [Bus. & Prof. Code 17203] Class Action [Code Civ. Proc. 382] by Mobilehome Park Tenant Against Management for Unfair Competition by Violating Mobilehome Residency Law [Civ. Code 798 et seq.]

SUPERIOR COURT OF CALIFORNIA, COUNTY OF ___________________

______________________ [name]

individually and on behalf of all others similarly situated,

Plaintiff,

vs.

______________________ [name],

Defendant.) ) ) ) ) ) ) )

NO. _____

CLASS ACTION FOR COMPLAINT FOR RESTITUTION AND INJUNCTION

(Unfair Competition) __________________________________________________

Plaintiff alleges:

1. Plaintiff is, and at all times mentioned in this complaint was, a resident of ___________________ County, California [or allege other capacity and residence].

2. Defendant is, and at all times mentioned in this complaint was, a corporation duly organized and existing under the laws of the State of California with its principal place of business in ___________________ [city], ___________________ County, California [or allege other capacity of defendant and basis of venue as appropriate].

3. Plaintiff brings this action on his/her own behalf and on behalf of all persons similarly situated. The class which plaintiff represents is composed of all persons who, at any time since the date four years before the filing of this complaint, have been tenants in [any of] the mobilehome park[s] identified in this complaint. The persons in the class are so numerous [, consisting of approximately ___________________ individuals,] that the joinder of all such persons is impracticable and that the disposition of their claims in a class action is a benefit to the parties and to the court.

4. There is a well-defined community of interest in the questions of law and fact involved affecting the parties to be represented in that each member of the class is or has been in the same legal relation to the defendant (that is, as a tenant) in the same factual circumstances, hereinafter alleged, as plaintiff. Proof of a common or single state of facts will establish the right of each member of the class to recover. The claims of the plaintiff are typical of those of the class and plaintiff will fairly and adequately represent the interests of the class.

[5. There is no plain, speedy, or adequate remedy other than by maintenance of this class action since plaintiff is informed and believes that each class member is entitled to restitution of a relatively small amount of money, amounting at most to $____________________ each, making it economically infeasible to pursue remedies

other than a class action. Consequently there would be a failure of justice but for the maintenance of the present class action.]

6. Defendant is the owner [and operator] of a mobilehome park, as defined in Civil Code Section 798.4[Deerings], which is known as _________________ [common name, if any, and street address] and is located in ___________________ County, California. Plaintiff is, and since ___________________ [date], plaintiff has continuously been, a tenant in the mobilehome park (hereinafter the mobilehome park).

[7. Defendant is also the owner (and operator) of a mobilehome park, as defined in the above-cited code sections, which is known as ___________________ and is located in ___________________ County, California.]

8. [Repeat for each other mobilehome park in California, owned by defendant, where violations alleged below on which action is based have occurred.]

[9. Plaintiff is informed and believes and thereon alleges that the violations hereinafter alleged regarding the mobilehome park in which plaintiff is a tenant have also occurred in and regarding the other mobilehome park(s) herein referred to.]

[10. In this paragraph and subsequent paragraphs if necessary, allege violations of Mobilehome Residency Law ( Civ. Code 798 et seq.[Deerings]), e.g., Since ___________________ [date], defendant has required that those tenants having pets within the mobilehome park, including plaintiff, must pay a pet fee of $____________________ per month although defendant has not actually provided special facilities or services for pets (other than ___________________ (specify), for which a reasonable charge for cost and maintenance would not exceed $____________________ per month). Such charges (in excess of $____________________ per month) have been collected by defendant in violation of Civil Code Section 798.33[Deerings].]

[11. Continue, e.g., Since ___________________ [date], defendant has required that those tenants having overnight guests within the mobilehome park, including plaintiff, must pay a guest fee of $____________________ per month per guest regardless of the duration of the guests stay. Such charges for guests staying not more than a total of 20 consecutive days or a total of 30 days in a calendar year have been collected by defendant in violation of Civil Code Section 798.34[Deerings].]

12. Defendants acts hereinabove alleged are acts [of unfair competition within the meaning of Business and Professions Code Section 17203[Deerings].] Plaintiff is informed and believes that defendant will continue to do those acts unless the court orders defendant to cease and desist.

13. Plaintiff has incurred and, during the pendency of this action, will incur expenses for attorneys fees and costs herein. Such attorneys fees and costs are necessary for the prosecution of this action and will result in a benefit to each of the members of the class. The sum of $____________________ is a reasonable amount for attorneys fees herein.

WHEREFORE, plaintiff prays for judgment as follows:

1. For restitution to plaintiff and each other member of the class, as his or her interest may appear, of all sums unlawfully collected by defendant from plaintiff and the other members of the class since ___________________ [date], amounting in the aggregate to at least $____________________;

2. For interest on these sums at the legal rate from the date of each unlawful collection [or other prayer for interest];

3. For a permanent injunction enjoining defendant, and defendants agents, servants, and employees, and all persons acting under or in concert with them, to cease and desist from the following acts:

a. _________________ [Specify according to allegations, e.g., Charging or collecting from any tenant in (any of) the mobilehome park(s) herein referred to, any pet fee other than a fee reasonably related to the cost and maintenance of special facilities or services for pets actually provided by defendant];

b. _________________ [Continue as appropriate];

4. For the payment of plaintiff s attorneys fees out of the moneys recovered for the joint benefit of the members of the class;

5. For costs of suit herein incurred; and

6. For such other and further relief as the court may deem proper.

______________________ [signature]

Attorney for Plaintiff

[Verification, if desired. See 369.140.] [2] Use of Form The form in [1], above, is a complaint for use by a mobilehome park tenant to obtain an injunction against violations of the Mobilehome Residency Law [Civ. Code 798 et seq. (Deerings)] constituting acts of unfair competition, plus restitution of sums acquired by the defendant through such unfair competition, on behalf of the plaintiff and all others similarly situated (i.e., by a class action).

For discussions of, and forms for use in, class actions, actions for injunctions, and actions based on unfair competition, see Chs. 120, Class Actions, 303, Injunctions, and 565, Unfair Competition. [3] Standing In 2004, the electorate approved Proposition 64, which imposed standing requirements on private plaintiffs seeking injunctive relief in class actions under the unfair competition laws. Proposition 64 stated that its intent was to prohibit private attorneys from filing lawsuits for unfair competition when they do not have clients who have been injured in fact under the standing requirements of the United States Constitution [Proposition 64, 1(h) (2004)]. As a result, a person may now pursue representative claims or relief on behalf of others only if the claimant has suffered injury in fact and has lost money or property as a result of such unfair competition [see Bus. & Prof. Code 17203[Deerings], 17204[Deerings], 17535 (Deerings)]. Thus, all allegations in the complaint of violations of the Mobilehome Residency Law must indicate that the plaintiff and other tenants suffered financial loss or injury to property as a result of the violation. [4] Statutory Violations as Unfair Competition In People v. McKale (1979) 25 Cal. 3d 626, 159 Cal. Rptr. 811, 602 P.2d 731, the Supreme Court held that violations of the Mobilehome Parks Act [Health & Safety Code 18200 et seq. (Deerings)] and implementing regulations [25 Cal. Code Reg. 1000 et seq.], as well as violations of the Mobilehome Residency Law [Civ. Code 798 et seq. (Deerings)], could be alleged as constituting acts of unfair competition in an action by the district attorney under Bus. & Prof. Code 17200 et seq.[Deerings] to enforce the state laws on preservation and regulation of competition [ Bus. & Prof. Code 16600 et seq. (Deerings)] and advertising [ Bus. & Prof. Code 17500 et

seq.[Deerings]; People v. McKale (1979) 25 Cal. 3d 626, 632, 635, 159 Cal. Rptr. 811, 602 P.2d 731].

Although the district attorney was the plaintiff in that case, and one of the issues was whether the district atorney had standing, the fact that the plaintiff was a public officer had no bearing on the courts conclusion that such violations constituted acts of unfair competition. Any person in interest may sue for the relief allowed under Bus. & Prof. Code 17203[Deerings]. Bus. & Prof. Code 17203[Deerings] provides, in addition, that the court may make such orders or judgments, including the appointment of a receiver, as may be necessary to prevent the use or employment by any person of any practice that constitutes unfair competition, as defined in Bus. & Prof. Code 17200[Deerings], or as may be necessary to restore to any person in interest any money or property, real or personal, that may have been acquired by means of such unfair competition. In this context, unfair competition means unlawful, unfair, or fraudulent business practice and unfair, deceptive, untrue, or misleading advertising and any act prohibited by Bus. & Prof. Code 17500 et seq.[Deerings] (advertising) [ Bus. & Prof. Code 17200 (Deerings)].

In 2004, the electorate approved Proposition 64, which imposed standing requirements for private persons seeking injunctive relief in class actions under the unfair competition laws [see [3], above]. A private plaintiff may now pursue representative claims or relief on behalf of others only if he or she has suffered injury in fact and has lost money or property as a result of such unfair competition [see Bus. & Prof. Code 17203[Deerings], 17204[Deerings], 17535 (Deerings)]. In light of Proposition 64, certain conduct recognized in People v. McKale as constituting unfair competition, such as violation of maintenance requirements in the Mobilehome Parks Act [Health & Safety Code 18200 et seq. (Deerings)] or deceptive, untrue, and misleading advertising by the park as being available to adults only [People v. McKale (1979) 25 Cal. 3d 626, 634, 637, 159 Cal. Rptr. 811, 602 P.2d 731] will no longer form the basis for an unfair competition class action claim, if the plaintiff cannot allege outof-pocket loss arising from such violations. [5] Limitation Period An action for the relief allowed under Bus. & Prof. Code 17203[Deerings] must be commenced within four years after the cause of action accrued [ Bus. & Prof. Code 17208 (Deerings)]. [6] Required Notice If the action is based on the alleged failure of the mobilehome parks management to maintain the physical improvements in the common facilities in good working order or condition or on the alleged reduction of service, it must be preceded by 30 days written notice of the intent to bring the action [Civ. Code 798.84 (Deerings)]. This requirement is discussed in 369.12[8]. A form of notice of intent to commence such an action is set forth in 369.116. [7] Cross References For discussion of, and forms for use in, class actions, see Ch. 120, Class Actions.

For discussion of, and forms of allegations and prayers concerning, recoverable interest, see Ch. 177, Damages, and Ch. 420, Prayers.

For discussion of, and forms for use in, actions for injunctions, see Ch. 303, Injunctions.

For discussion of, and forms for use in, actions based on unfair competition, see Ch. 565, Unfair Competition.