This chapter shall be known and may be cited as the “Mobilehome Residency Law.”
Article 1General
Section § 798
This section simply states that the chapter should be referred to as the 'Mobilehome Residency Law.'
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Section § 798.1
This section states that the definitions provided in this chapter should be used unless the surrounding language or situations clearly suggest a different interpretation is needed.
Unless the provisions or context otherwise requires, the following definitions shall govern the construction of this chapter.
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Section § 798.10
This section explains what 'change of use' means for a mobile home park. It refers to using the park or part of it for something other than renting out sites for people to live in. It doesn't include simply changing park rules. A 'change of use' might be converting the park into a different type of property ownership, like condos or units for sale instead of rental spaces.
“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, and 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.
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Section § 798.11
The term 'resident' refers to anyone who legally lives in a mobile home, whether they're the owner or not.
“Resident” is a homeowner or other person who lawfully occupies a mobilehome.
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Section § 798.12
Tenancy in a mobilehome park means a homeowner's right to live on a specific site and use that space for a mobilehome and other related structures. This also includes access to the services and facilities offered by the park.
“Tenancy” is the right of a homeowner to the use of a site within a mobilehome park on which to locate, maintain, and occupy a mobilehome, site improvements, and accessory structures for human habitation, including the use of the services and facilities of the park.
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Section § 798.13
This law states that areas owned by the state for the purpose of offering housing to state employees or spaces for mobile homes owned by state employees are not subject to the rules of this chapter. However, if a privately owned mobile home is located in such a state employee housing area, and the tenant is a state employee, the state employer must give at least 60 days' notice before ending the tenancy for any reason.
(a)CA Civil Law Code § 798.13(a) This chapter does 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.
(b)CA Civil Law Code § 798.13(b) Notwithstanding subdivision (a), a state employer shall 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 by 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 prior to terminating the tenancy for any reason.
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Section § 798.14
This law section says that any notices that need to be given according to these rules should be either handed directly to the mobile home owner or sent via mail to their address within the mobile home park. Additionally, any notices required before February 1 each year can be bundled together into a single notice, as long as it includes all the necessary information.
(a)CA Civil Law Code § 798.14(a) Unless otherwise provided, all notices required by this chapter shall 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.
(b)CA Civil Law Code § 798.14(b) All notices required by this chapter to be delivered prior to February 1 of each
year may be combined in one notice that contains all the information required by the sections under which the notices are given.
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Section § 798.2
In this law, 'management' refers to the person who owns a mobile home park or someone who is officially allowed to handle issues about renting there.
“Management” means the owner of a mobilehome park or an agent or representative authorized to act on his behalf in connection with matters relating to a tenancy in the park.
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Section § 798.3
This section defines what a 'mobilehome' is for legal purposes. It's a structure meant for living in that can be moved on roads. Traditionally, it includes manufactured homes, but not recreational vehicles or commercial coaches. However, there are exceptions. For this chapter, some trailers or RVs can be considered mobilehomes if they were parked in a mobilehome park before certain dates and used for living. It doesn't apply to vehicles in recreational vehicle parks.
(a)CA Civil Law Code § 798.3(a) “Mobilehome” is a structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the Vehicle Code. Mobilehome includes a manufactured home, as defined in Section 18007 of the Health and Safety Code, and a mobilehome, as defined in Section 18008 of the Health and Safety Code, but, except as provided in subdivision (b), does not include a recreational vehicle, as defined in Section 799.29 of this code and Section 18010 of the Health and Safety Code or a commercial coach as
defined in Section 18001.8 of the Health and Safety Code.
(b)CA Civil Law Code § 798.3(b) “Mobilehome,” for purposes of this chapter, other than Section 798.73, also includes trailers and other recreational vehicles of all types defined in Section 18010 of the Health and Safety Code, other than motor homes, truck campers, and camping trailers, which are used for human habitation if the occupancy criteria of either paragraph (1) or (2), as follows, are met:
(1)CA Civil Law Code § 798.3(b)(1) The trailer or other recreational vehicle occupies a mobilehome site in the park, on November 15, 1992, under a rental agreement with a term of one month or longer, and the trailer or other recreational vehicle occupied a mobilehome site in the park prior to January 1, 1991.
(2)CA Civil Law Code § 798.3(b)(2) The trailer or other recreational vehicle occupies a mobilehome site in the park for nine or more continuous
months commencing on or after November 15, 1992.
“Mobilehome” does not include a trailer or other recreational vehicle located in a recreational vehicle park subject to Chapter 2.6 (commencing with Section 799.20).
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Section § 798.4
This law defines a 'mobilehome park' as a place where two or more spots are rented out for mobilehomes where people live.
“Mobilehome park” is an area of land where two or more mobilehome sites are rented, or held out for rent, to accommodate mobilehomes used for human habitation.
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Section § 798.6
This law defines the term "park" as either a community for manufactured homes or a park specifically for mobile homes, according to the Health and Safety Code.
“Park” is a manufactured housing community as defined in Section 18210.7 of the Health and Safety Code, or a mobilehome park.
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Section § 798.7
This law explains what counts as 'new construction' concerning mobilehome park spaces. 'New construction' refers to spaces available for rent after January 1, 1990, once they have received the necessary permits or occupancy certificates. 'New mobilehome park construction' refers to spaces in newly built mobilehome parks that received their permits to operate from January 1, 2023, onwards.
(a)CA Civil Law Code § 798.7(a) “New construction” means any newly constructed spaces initially held out for rent after January 1, 1990. A mobilehome park space shall be considered “initially held out for rent” on the date of issuance of a permit or certificate of occupancy for that space by the enforcement agency in accordance with Section 18551 or 18613 of the Health and Safety Code.
(b)CA Civil Law Code § 798.7(b) “New mobilehome park construction” means all spaces contained in a newly constructed mobilehome park for which a permit to operate is first issued by the enforcement agency on or after January 1, 2023.
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Section § 798.8
This law defines a 'rental agreement' as the contract between a park's management and a homeowner that sets the rules for living in the park. It also mentions that a lease is a type of rental agreement.
“Rental agreement” is an agreement between the management and the homeowner establishing the terms and conditions of a park tenancy. A lease is a rental agreement.
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Section § 798.9
A "homeowner" in this context refers to someone who rents a spot in a mobile home park through a rental agreement.
“Homeowner” is a person who has a tenancy in a mobilehome park under a rental agreement.
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