SB 64

Bill Subjects

Abstract

Existing law, the Mobilehome Residency Law, governs the terms and conditions of residency in mobilehome parks. Under existing law, the management of a mobilehome park may not terminate or refuse to renew a tenancy, except pursuant to certain procedures, and upon giving written notice to the homeowner of not less than 60 days. This bill would prohibit the management from terminating or attempting to terminate the tenancy of a homeowner or resident who is impacted by the coronavirus (COVID-19) pandemic, as specified, on the grounds of failure of the homeowner or resident to comply with a reasonable rule or regulation of the park that is part of the rental agreement during a declared state of emergency or local emergency related to the coronavirus (COVID-19) pandemic, and during a 120-day time period after the state of emergency or local emergency is terminated, except as provided. The bill would also require that any complaint for unlawful detainer against a homeowner or resident who is impacted by the coronavirus (COVID-19) pandemic clearly state on the first page of the complaint that it is subject to additional protections, as provided. The bill would also prohibit the management, during this timeframe, from issuing a notice relating to termination of tenancy or refusal to renew tenancy. Existing law prohibits management from terminating a tenancy except for one of specified reasons, including, but not limited to, failure of the homeowner or resident to comply with a reasonable rule or regulation of the park, as specified. Under existing law, an act or omission of the homeowner or resident does not constitute a failure to comply with a reasonable rule or regulation of the park until the management has given the homeowner written notice of the alleged rule or regulation violation and the homeowner or resident has failed to adhere to the rule or regulation within 7 days, except as specified. This bill would require that a homeowner or resident who is impacted by the coronavirus (COVID-19) pandemic, as specified, have 7 days from the date they receive a notice of a failure to comply with a reasonable rule or regulation of the park described above to notify the management in writing of their need to have additional time to comply with the notice. The bill, with exceptions, would require management that receives the described notice to grant the homeowner or resident the additional time requested to comply with the rule or regulation, but in no event more than 6 months. The bill would require a notice of a failure to comply with a reasonable rule or regulation of the park that is part of the rental agreement, as specified, issued during a declared state of emergency or local emergency related to the coronavirus (COVID-19) pandemic, and during a 120-day time period after the state of emergency or local emergency is terminated, to contain specified language describing these provisions, printed in at least 12-point boldface type at the top of the notice. The bill would also require a court to dismiss a case without prejudice, as provided, if the case was brought for failure of the homeowner or resident to comply with a reasonable rule or regulation of the park, as specified, and the homeowner or resident files a signed declaration with the court stating that failure to comply with the reasonable rule or regulation of the park was due to impacts of the coronavirus (COVID-19) pandemic. Because declarations filed with the court are submitted under penalty of perjury, this bill would impose a state-mandated local program by expanding the scope of a crime. Existing law authorizes the management to file a petition for an order to enjoin a continuing or recurring violation of a reasonable rule or regulation of the mobilehome park within the limited jurisdiction of the superior court of the county in which the mobilehome community is located. This bill would prohibit the management, with exceptions, from seeking to enforce such an order or imposing rent increases or other charges in addition to what is included in the resident's base rent. The bill would authorize a homeowner or resident who is prevented by management from exercising the rights provided here to bring a civil action and would authorize a court to order injunctive relief and other relief the court deems proper, as specified. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. This bill would declare that it is to take effect immediately as an urgency statute.