The rights created by this chapter shall be cumulative and in addition to any other legal rights the management of a park may have against a defaulting occupant, tenant, or resident, or that an occupant, tenant, or resident may have against the management of a park.
Article 2General Provisions
Section § 799.40
This rule says that the rights covered in this section add to, rather than replace, any other legal rights. So, park management and residents still have all their usual legal options if there's a dispute or issue.
cumulative rights park management defaulting occupant tenant rights resident rights legal options dispute resolution management rights park tenant disputes additional legal rights
Section § 799.41
This law clarifies that the rules in this chapter do not apply to mobile homes or manufactured homes as they are specifically defined elsewhere in the Health and Safety Code.
Nothing in this chapter shall apply to a mobilehome as defined in Section 18008 of the Health and Safety Code or to a manufactured home as defined in Section 18007 of the Health and Safety Code.
mobilehome exclusion manufactured home definition Health and Safety Code Section 18008 Health and Safety Code Section 18007 housing exclusion property exclusions specific definitions mobile home laws manufactured home laws chapter applicability exemption clause
Section § 799.42
This law states that any agreement for staying or renting a place cannot include terms that make the person give up the rights they have under this chapter. If an agreement tries to do that, it's against the public's interest and doesn't count.
No occupant registration agreement or tenant rental agreement shall contain a provision by which the occupant or tenant waives his or her rights under the provisions of this chapter, and any waiver of these rights shall be deemed contrary to public policy and void.
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Section § 799.43
This section requires that any agreement between a mobile home park and a guest must be in writing. It should clearly state how long the person can stay, how much rent they will pay, any service fees, reasons a guest's vehicle could be removed without a court order, and the phone number of local law enforcement.
The registration agreement between a park and an occupant thereof shall be in writing and shall contain, in addition to the provisions otherwise required by law to be included, the term of the occupancy and the rent therefor, the fees, if any, to be charged for services which will be provided by the park, and a statement of the grounds for which a defaulting occupant’s recreational vehicle may be removed as specified in Section 799.22 without a judicial hearing after the service of a 72-hour notice pursuant to this chapter and the telephone number of the
local traffic law enforcement agency.
registration agreement mobile home park occupant rent service fees grounds for removal recreational vehicle defaulting occupant 72-hour notice local law enforcement written agreement occupancy term non-judicial removal
Section § 799.44
When you register to stay at a park, you must be given a set of the park's rules and regulations.
At the time of registration, an occupant shall be given a copy of the rules and regulations of the park.
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Section § 799.45
If someone plans to stay in the park for more than 30 days, the management can offer them a rental agreement.
The management may offer a rental agreement to an occupant of the park who intends to remain in the park for a period in excess of 30 consecutive days.
park management rental agreement occupant stay over 30 days consecutive days long-term stay offer park resident rental terms extended park stay
Section § 799.46
This law requires recreational vehicle parks to have a clearly visible sign at the entrance (or in a specific area for RVs in mobilehome parks) stating that RVs can be removed for certain reasons. The sign must also list the local traffic law enforcement's phone number. Park management can put more signs in other spots if they want to.
At the entry to a recreational vehicle park, or within the separate designated section for recreational vehicles within a mobilehome park, there shall be displayed in plain view on the property a sign indicating that the recreational vehicle may be removed from the premises for the reasons specified in Sections 799.22 and 1866 and containing the telephone number of the local traffic law enforcement agency. Nothing in this section shall prevent management from additionally displaying the sign in other locations within the park.
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Section § 799.47
This law makes it illegal to force people living in a recreational vehicle park in Imperial Beach to reregister if the goal is to interfere with their status as residents. If someone does this, they can be fined $500. In court cases about this issue, if there's evidence that reregistration was required, it is assumed the intent was to prevent the person from becoming or remaining a resident, unless proven otherwise. The winning side in such a case will get their legal fees covered. A 'resident' in this context is anyone who has lived in one of these parks for at least 9 months in the past year.
(a)CA Civil Law Code § 799.47(a) A person shall not require an occupant, tenant, or resident in a qualified recreational vehicle park to reregister if the purpose of the reregistration requirement is to prevent the occupant, tenant, or resident from gaining or maintaining status as a resident.
(b)CA Civil Law Code § 799.47(b) A person who violates subdivision (a) shall be liable for a civil penalty of five hundred dollars ($500).
(c)CA Civil Law Code § 799.47(c) In an action brought pursuant to this section, if it is established by a preponderance of the evidence that an occupant, tenant, or resident was
required to reregister, there shall be a rebuttable presumption that the purpose of that requirement was to prevent the occupant, tenant, or resident from gaining or
maintaining status as a resident.
(d)CA Civil Law Code § 799.47(d) In an action brought pursuant to this section, the court shall award reasonable attorney’s fees and costs to the prevailing party.
(e)CA Civil Law Code § 799.47(e) For the purposes of this section:
(1)CA Civil Law Code § 799.47(e)(1) “Qualified recreational vehicle park” means a recreational vehicle park, as defined in Section 799.30, that is located within the City of Imperial Beach.
(2)CA Civil Law Code § 799.47(e)(2) Notwithstanding Section 799.31 “resident” means a tenant who has occupied a lot in a park for at least 9 months in a 12-month period.
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