Mobilehome Residency LawRules and Regulations 798.23-798.29.6

Section § 798.23

Explanation

This law states that mobile home park management must follow the rules and regulations just like the residents, except when it comes to age-related rules or actions fulfilling management duties. Management can’t rent mobile homes, unless it’s for housing employees, with limitations based on the number of mobile homes in the park. If a park rule prohibits residents from renting, the management is also restricted, except for specific employee housing needs or if a rental started before 2022. Some parks, like those owned by nonprofit organizations or government agencies with affordable housing contracts, are exempt from these rules.

(a)CA Civil Law Code § 798.23(a) Management shall be subject to, and comply with, all park rules and regulations to the same extent as residents and their guests.
(b)CA Civil Law Code § 798.23(b) Subdivision (a) of this section does not apply to either of the following:
(1)CA Civil Law Code § 798.23(b)(1) Any rule or regulation that governs the age of any resident or guest.
(2)CA Civil Law Code § 798.23(b)(2) Acts of management that are undertaken to fulfill management’s maintenance, management, and business operation responsibilities.
(c)Copy CA Civil Law Code § 798.23(c)
(1)Copy CA Civil Law Code § 798.23(c)(1) Notwithstanding subdivision (b) and subject to paragraph (2), management shall be subject to, and comply with, all rules and regulations that prohibit a homeowner from renting or subleasing the homeowner’s mobilehome or mobilehome space.
(2)Copy CA Civil Law Code § 798.23(c)(2)
(A)Copy CA Civil Law Code § 798.23(c)(2)(A) If a rule or regulation has been enacted that prohibits either renting or subleasing by a homeowner, management shall not directly rent a mobilehome except as follows:
(i)CA Civil Law Code § 798.23(c)(2)(A)(i) Management may directly rent up to two mobilehomes within the park for the purpose of housing onsite employees.
(ii)CA Civil Law Code § 798.23(c)(2)(A)(ii) For every 200 mobilehomes in a park, the management may directly rent one more mobilehome within the park, in addition to the mobilehomes authorized for direct rental pursuant to clause (i), for the purpose of housing onsite employees.
(B)CA Civil Law Code § 798.23(c)(2)(A)(B) For purposes of this paragraph, “the purpose of housing onsite employees” includes directly renting a mobilehome to a person who is not an onsite employee to avoid a vacancy during times when the mobilehome is authorized for direct rental pursuant to subparagraph (A) and not needed for housing onsite employees.
(d)CA Civil Law Code § 798.23(d) Notwithstanding subdivision (c), management may continue to directly rent a mobilehome to a tenant if both of the following apply:
(1)CA Civil Law Code § 798.23(d)(1) The tenancy was initially established by a rental agreement executed before January 1, 2022.
(2)CA Civil Law Code § 798.23(d)(2) A tenant listed on the rental agreement described in paragraph (1) continues to occupy the mobilehome.
(e)Copy CA Civil Law Code § 798.23(e)
(1)Copy CA Civil Law Code § 798.23(e)(1) A park shall be exempt from the provisions of subdivision (c) if either of the following apply:
(A)CA Civil Law Code § 798.23(e)(1)(A) The park is owned and operated by an organization that qualifies as an exempt organization under Section 501(c)(3) of the United States Internal Revenue Code of 1986, and the property has been granted an exemption from property taxation pursuant to Section 214 of the Revenue and Taxation Code.
(B)CA Civil Law Code § 798.23(e)(1)(B) The park is owned by a government agency or an entity controlled by a government agency, and has an affordability covenant in place.
(2)CA Civil Law Code § 798.23(e)(2) The exemption contained in paragraph (1) applies only to those mobilehomes or mobilehome sites within a park that are restricted for use as affordable housing pursuant to either a written regulatory agreement or the policy or practice of the exempt organization or government agency.
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Section § 798.23

Explanation

This law allows homeowners to rent their primary residence or sublease their space in a mobile home park under certain medical circumstances requiring their absence, verified by a doctor. The rental or sublease must be at least six months unless management agrees to a different term, and can extend up to a year unless management consents otherwise. Renters must follow all park rules, and their conduct can affect the homeowner's tenancy. Homeowners remain responsible for rent and charges but cannot overcharge renters. Management may require up to a two-month rent security deposit and can ask homeowners to have lived in the park for at least a year before they can rent out their home. Homeowners must keep their contact information updated with the management.

(a)Copy CA Civil Law Code § 798.23(a)
(1)Copy CA Civil Law Code § 798.23(a)(1) Management shall permit a homeowner to rent his or her home that serves as the homeowner’s primary residence or sublet his or her space, under the circumstances described in paragraph (2) and subject to the requirements of this section.
(2)CA Civil Law Code § 798.23(a)(2) A homeowner shall be permitted to rent or sublet pursuant to paragraph (1) 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.
(b)CA Civil Law Code § 798.23(b) The following provisions shall apply to a rental or sublease pursuant to this section:
(1)CA Civil Law Code § 798.23(b)(1) The minimum term of the rental or sublease shall be six months, unless the management approves a shorter term, but no greater than 12 months, unless management approves a longer term.
(2)CA Civil Law Code § 798.23(b)(2) The management may require approval of a prospective renter or sublessee, subject to the process and restrictions provided by subdivision (a) of Section 798.74 for prospective purchasers of mobilehomes. A prospective sublessee shall comply with any rule or regulation limiting residency based on age requirements, pursuant to Section 798.76. The management may charge a prospective sublessee a credit screening fee for the actual cost of any personal reference check or consumer credit report that is provided by a consumer credit reporting agency, as defined in Section 1785.3, if the management or his or her agent requires that personal reference check or consumer credit report.
(3)CA Civil Law Code § 798.23(b)(3) The renter or sublessee shall comply with all rules and regulations of the park. The failure of a renter or sublessee to comply with the rules and regulations of the park may result in the termination of the homeowner’s tenancy in the mobilehome park, in accordance with Section 798.56. A homeowner’s tenancy may not be terminated under this paragraph if the homeowner completes an action for unlawful detainer or executes a judgment for possession, pursuant to Chapter 4 (commencing with Section 1159) of Title 3 of Part 3 of the Code of Civil Procedure within 60 days of the homeowner receiving notice of termination of tenancy.
(4)CA Civil Law Code § 798.23(b)(4) The homeowner shall remain liable for the mobilehome park rent and other park charges.
(5)CA Civil Law Code § 798.23(b)(5) The 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.
(6)CA Civil Law Code § 798.23(b)(6) Notwithstanding subdivision (a) of Section 798.39, if a security deposit has been refunded to the homeowner pursuant to subdivision (b) or (c) of Section 798.39, 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 month’s rent. Management may retain this security deposit for the duration of the term of the rental or sublease.
(7)CA Civil Law Code § 798.23(b)(7) The homeowner shall 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.
(c)CA Civil Law Code § 798.23(c) 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.
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Section § 798.24

Explanation

This law states that common areas in a community must be accessible to residents during sensible hours, and the schedule of these hours should be clearly displayed at the facility.

Each common area facility shall be open or available to residents at all reasonable hours and the hours of the common area facility shall be posted at the facility.
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Section § 798.25

Explanation

When a mobile home park management wants to change the park's rules, they must first meet with homeowners and notify them at least 10 days before the meeting. After this discussion, new rules can typically be made official with written notice to homeowners. Homeowners must be given a minimum of six months' notice unless it’s about using recreational facilities, which requires only 60 days. Changes due to new laws can be made with a 60-day notice. If an amendment includes a new fee not outlined in the rental agreement, it is not valid.

(a)CA Civil Law Code § 798.25(a) Except as provided in subdivision (d), when the management proposes an amendment to the park’s rules and regulations, the management shall meet and consult with the homeowners in the park, their representatives, or both, after written notice has been given to all the homeowners in the park 10 days or more before the meeting. The notice shall set forth the proposed amendment to the park’s rules and regulations and shall state the date, time, and location of the meeting.
(b)CA Civil Law Code § 798.25(b) Except as provided in subdivision (d) following the meeting and consultation with the homeowners, the noticed amendment to the park’s rules and regulations may be implemented, as to any homeowner, with the consent of that homeowner, or without the homeowner’s consent upon written notice of not less than six months, except for regulations applicable to recreational facilities, which may be amended without homeowner consent upon written notice of not less than 60 days.
(c)CA Civil Law Code § 798.25(c) Written notice to a homeowner whose tenancy commences within the required period of notice of a proposed amendment to the park’s rules and regulations under subdivision (b) or (d) shall constitute compliance with this section where the written notice is given before the inception of the tenancy.
(d)CA Civil Law Code § 798.25(d) When the management proposes an amendment to the park’s rules and regulations mandated by a change in the law, including, but not limited to, a change in a statute, ordinance, or governmental regulation, the management may implement the amendment to the park’s rules and regulations, as to any homeowner, with the consent of that homeowner or without the homeowner’s consent upon written notice of not less than 60 days. For purposes of this subdivision, the management shall specify in the notice the citation to the statute, ordinance, or regulation, including the section number, that necessitates the proposed amendment to the park’s rules and regulations.
(e)CA Civil Law Code § 798.25(e) Any amendment to the park’s rules and regulations that creates a new fee payable by the homeowner and that has not been expressly agreed upon by the homeowner and management in the written rental agreement or lease, shall be void and unenforceable.
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Section § 798.25

Explanation

This law says that any rule in a mobilehome park that is made by management without homeowner approval and tries to take away the right to a jury trial or force disputes into arbitration is not valid or enforceable.

Any rule or regulation of a mobilehome park that (a) is unilaterally adopted by the management, (b) is implemented without the consent of the homeowners, and (c) by its terms purports to deny homeowners their right to a trial by jury or which would mandate binding arbitration of any dispute between the management and homeowners shall be void and unenforceable.
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Section § 798.26

Explanation

The park management can't enter a mobile home or its attached structures without the owner's written permission, but this permission can be withdrawn at any time. However, management can access the surrounding land without consent for tasks like maintaining utilities or if the resident fails to keep the area tidy, as long as it doesn't disturb the resident's peace. They can only enter the actual mobile home without consent during emergencies or if it's been abandoned.

(a)CA Civil Law Code § 798.26(a) Except as provided in subdivision (b), the ownership or management of a park shall have no right of entry to a mobilehome or enclosed accessory structure without the prior written consent of the resident. The consent may be revoked in writing by the resident at any time. The ownership or management shall have a right of entry upon the land upon which a mobilehome is situated for maintenance of utilities, trees, and driveways, 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 protection of the mobilehome park at any reasonable time, but not in a manner or at a time that would interfere with the resident’s quiet enjoyment.
(b)CA Civil Law Code § 798.26(b) The ownership or management of a park may enter a mobilehome or enclosed accessory structure without the prior written consent of the resident in case of an emergency or when the resident has abandoned the mobilehome or accessory structure.
mobilehome entry rules park management access resident consent ...

Section § 798.27

Explanation

This law requires the management of a mobile home park to inform homeowners and potential homeowners in writing about specific details. First, they must disclose the type of zoning or permit the park operates under, and if it’s subject to renewal or expiration, they must include those details. Second, they need to provide information about any leases involving the management. If there is any change in zoning, permit, or lease status, homeowners must receive updated written notice within 30 days. For new homeowners, they need to be informed before they move in.

(a)CA Civil Law Code § 798.27(a) The management shall give written notice to all homeowners and prospective homeowners concerning the following matters: (1) the nature of the zoning or use permit under which the mobilehome park operates. If the mobilehome park is operating pursuant to a permit subject to a renewal or expiration date, the relevant information and dates shall be included in the notice. (2) The duration of any lease of the mobilehome park, or any portion thereof, in which the management is a lessee.
(b)CA Civil Law Code § 798.27(b) If a change occurs concerning the zoning or use permit under which the park operates or a lease in which the management is a lessee, all homeowners shall be given written notice within 30 days of that change. Notification regarding the change of use of the park, or any portion thereof, shall be governed by subdivision (g) of Section 798.56. A prospective homeowner shall be notified prior to the inception of the tenancy.
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Section § 798.28

Explanation

If you own a mobile home and you ask for it in writing, the managers of your mobile home park have to tell you the name, business address, and phone number of the park owner within 10 business days.

The management of a mobilehome park shall disclose, in writing, within 10 business days, the name, business address, and business telephone number of the mobilehome park owner upon the receipt of a written request of a homeowner.
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Section § 798.28

Explanation

This law says that park management can remove vehicles parked in the park under certain conditions. They can generally tow a vehicle if there is a sign at each entrance, but can't remove vehicles from a homeowner's or resident's designated space without a seven-day notice on the windshield about the specific rule violated. If the rule is fixed in those seven days, they can't tow it. However, if a vehicle endangers safety, or if a resident requests removal, management can skip the notice. Vehicles needed for work or that advertise a service can't be removed from resident spaces unless they dangerously block the road or the resident wants it gone.

(a)CA Civil Law Code § 798.28(a) Except as otherwise provided in this section, the management may cause the removal, pursuant to Section 22658 of the Vehicle Code, of a vehicle other than a mobilehome that is parked in the park when there is displayed a sign at each entrance to the park as provided in paragraph (1) of subdivision (a) of Section 22658 of the Vehicle Code.
(b)Copy CA Civil Law Code § 798.28(b)
(1)Copy CA Civil Law Code § 798.28(b)(1) Management may not cause the removal of a vehicle from a homeowner’s or resident’s driveway or a homeowner’s or resident’s designated parking space except if management has first posted on the windshield of the vehicle a notice stating management’s intent to remove the vehicle in seven days and stating the specific park rule that the vehicle has violated that justifies its removal. After the expiration of seven days following the posting of the notice, management may remove a vehicle that remains in violation of a rule for which notice has been posted upon the vehicle. If a vehicle rule violation is corrected within seven days after the rule violation notice is posted on the vehicle, the vehicle may not be removed. If a vehicle upon which a rule violation notice has been posted is removed from the park by a homeowner or resident and subsequently is returned to the park still in violation of the rule stated in the notice, management is not required to post any additional notice on the vehicle, and the vehicle may be removed after the expiration of the seven-day period following the original notice posting.
(2)CA Civil Law Code § 798.28(b)(2) If a vehicle poses a significant danger to the health or safety of a park resident or guest, or if a homeowner or resident requests to have a vehicle removed from their driveway or designated parking space, the requirements of paragraph (1) do not apply, and management may remove the vehicle pursuant to Section 22658 of the Vehicle Code.
(c)Copy CA Civil Law Code § 798.28(c)
(1)Copy CA Civil Law Code § 798.28(c)(1) Management shall not cause the removal from a homeowner’s or resident’s driveway, a homeowner’s or resident’s designated parking space, or a space provided by management for parking vehicles, any vehicle used or required by the homeowner for work or employment or which advertises any trade or services on the vehicle.
(2)CA Civil Law Code § 798.28(c)(2) If any part of the vehicle extends into the park roadway or otherwise poses a significant danger to the health or safety of a park resident or guest, or if a homeowner or resident requests to have the vehicle removed from their driveway or designated parking space, paragraph (1) shall not apply, and management may remove the vehicle pursuant to Section 22658 of the Vehicle Code.
park management towing vehicle removal homeowner parking space ...

Section § 798.29

Explanation

The person in charge of managing a mobile home park must put up a sign from the Department of Housing and Community Development that directs people to the Mobilehome Assistance Center.

The management shall post a Mobilehome Assistance Center sign provided by the Department of Housing and Community Development, as required by Section 18253.5 of the Health and Safety Code.
mobile home park park management Mobilehome Assistance Center ...

Section § 798.29

Explanation

This law says that mobile home park managers can't stop residents from installing things like ramps or handrails for disabled access, as long as these additions meet local codes and any necessary permits are obtained. Managers might ask homeowners to remove these modifications when the home is sold or moved out of the park, unless there's a different agreement in writing. This rule doesn't override other laws about disability access.

The management shall not prohibit a homeowner or resident from installing accommodations for the disabled on the home or the site, lot, or space on which the mobilehome is located, including, but not limited to, ramps or handrails on the outside of the home, as long as the installation of those facilities complies with code, as determined by an enforcement agency, and those facilities are installed pursuant to a permit, if required for the installation, issued by the enforcement agency. The management may require that the accommodations installed pursuant to this section be removed by the current homeowner at the time the mobilehome is removed from the park or pursuant to a written agreement between the current homeowner and the management prior to the completion of the resale of the mobilehome in place in the park. This section is not exclusive and shall not be construed to condition, affect, or supersede any other provision of law or regulation relating to accessibility or accommodations for the disabled.
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