BILL NUMBER: SB 1585 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 9, 1996
AMENDED IN SENATE MARCH 14, 1996
INTRODUCED BY Senator Craven
FEBRUARY 16, 1996
An act to amend Sections 798.76 and 799.5
, 799, 799.1, 799.3, 799.4, 799.5, and 799.7 of the Civil
Code, relating to mobilehomes, and declaring the urgency thereof, to
take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 1585, as amended, Craven. Mobilehomes: age requirements.
Existing law provides that the management of a mobilehome park and
the ownership or management of a subdivision, cooperative, or
condominium for mobilehomes may require that a prospective purchaser
comply with any rule or regulation limiting residency based upon age
requirements if it complies with the Federal Fair Housing Act, as
amended by Public Law 100-430, and implementing regulations.
This bill would require it to comply with this federal law, as
amended by Public Law 104-76.
This bill would also extend the applicability of provisions of
existing law regarding residency in a mobilehome in a subdivision,
cooperative, or condominium to a resident-owned mobilehome park.
The bill would declare that it is to take effect immediately as an
urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 798.76 of the Civil Code is amended to read:
798.76. 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.
SEC. 2. Section 799 of the Civil Code is amended to read:
799. As used in this article:
(a) "Ownership or management" means the ownership or management of
a subdivision, cooperative, or condominium for mobilehomes or of
a resident-owned mobilehome park .
(b) "Resident" means a person who maintains a residence in a
subdivision, cooperative, or condominium for mobilehomes or a
resident-owned mobilehome park .
SEC. 3. Section 799.1 of the Civil Code is amended to read:
799.1. This article shall govern the rights of a resident
of a subdivision, cooperative, or condominium for
mobilehomes who has an ownership interest in the space,
subdivision, cooperative, or condominium , or
resident-owned mobilehome park in which his or her mobilehome
is located or installed. Articles 1 (commencing with Section 798) to
8 (commencing with Section 798.84), inclusive, shall apply only to a
resident of a subdivision, cooperative, or condominium for
mobilehomes who rents or leases a space on which his or her
mobilehome is located or installed.
SEC. 4. Section 799.3 of the Civil Code is amended to read:
799.3. The ownership or management shall not require the removal
of a mobilehome from a subdivision, cooperative, or
condominium , or resident-owned mobilehome park
in the event of its sale to a third party.
SEC. 5. Section 799.4 of the Civil Code is amended to read:
799.4. The ownership or management may require the right to prior
approval of the purchaser 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 subdivision, cooperative, or
condominium , or resident-owned mobilehome park unless the
ownership or management reasonably determines that, based on the
purchaser's prior residences, he or she will not comply with the
rules and regulations of the subdivision, cooperative, or
condominium.
SEC. 6. Section 799.5 of the Civil Code is amended to read:
799.5. The ownership or management may require that a purchaser
of a mobilehome that will remain in the subdivision, cooperative,
or condominium condominium, or resident-owned
mobilehome park for mobilehomes, 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 provisions of the federal Fair Housing Act, as amended by Public
Law 104-76, and implementing regulations.
SEC. 3.
SEC. 7. Section 799.7 of the Civil Code is amended to read:
799.7. The ownership or management shall 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 subdivision, cooperative,
or condominium , or resident-owned mobilehome park
, provided that if the
interruption is not due to an emergency. The ownership or management
shall be liable only for actual damages sustained by a homeowner or
resident for violation of this section.
"Emergency," for purposes of this section, means the interruption
of utility service resulting from an accident or act of nature, or
cessation of service caused by other than the management's regular or
planned maintenance, repair, or replacement of utility facilities.
SEC. 8. This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:
In order to conform state requirements for senior mobilehome parks
to changes in federal law which were recently enacted by Congress,
and to extend the applicability of rights granted to residents
of mobilehome subdivisions, cooperatives, and condominiums to
residents of resident-owned mobilehome parks, it is necessary
that this act take effect immediately.