Mobilehome parks: tenancies.

The Mobilehome Residency Law governs the terms and conditions of residency in mobilehome parks. The law requires, among other things, that the management of a mobilehome park comply with noticing and other specified requirements in order to terminate a tenancy in a mobilehome park because of a change of use of the mobilehome park. This bill would require management to offer the previous homeowner a right of first refusal to a renewed tenancy in the park if the park is destroyed due to a fire or other natural disaster and management elects to rebuild the park in the same location. The bill would require the terms of the renewed tenancy to be substantially the same as the prior rental agreement, except for adjustments to reflect costs and expenses incurred to rebuild the park, as specified. The bill would require a previous owner to accept the offer within 60 days of receiving the offer, as specified. The bill would require management to accept applications on a first-come-first-served basis and would make the offers nontransferable. The law provides that a homeowner may be charged a fee for an individual staying with the homeowner for more than 20 consecutive days or a total of 30 days in a calendar year. Existing law prohibits park management from charging a fee to an individual who lives alone and shares their occupancy with one other person, designated as a companion, provided that only one individual may be designated as a companion within a calendar year, except as specified. This bill would, instead, allow an individual to designate up to 3 companions in a calendar year, but no more than one companion at a time, unless otherwise authorized by management. Existing law authorizes management to require that management approve the purchaser of a mobilehome that will remain in the park and require that the selling homeowner, or his or her agent, give notice of the sale to management before the close of the sale. Existing law prohibits management from withholding approval from a purchaser who has the financial ability to pay the rent and charges of the park, except as otherwise provided. Existing law requires management to consider the amount and source of the purchaser's gross monthly income or means of financial support when making this determination. This bill would require a selling homeowner or their agent to provide notice to management of a sale of a mobilehome before the close of the sale. The bill would require management, upon receipt of that notice, to within 15 days provide a selling homeowner or prospective purchaser with the standards that management customarily utilizes to approve a tenancy application and a list of all documentation needed to determine if the prospective purchaser will qualify for tenancy in the park. The bill would prohibit management from withholding approval from a prospective purchaser of a mobilehome unless management reasonably determines that the purchaser will not comply with the rules and regulations of the park, the purchaser does not have the financial ability to pay the rent, estimated utilities, and other charges of the park, or the purchaser commits fraud, deceit, or concealment of material facts during the application process. This bill would allow the purchaser to provide, and require park management to consider, evidence of additional financial assets if an application is denied due to the inability to pay the rent, estimated utilities, and other charges, including savings accounts, certificates of deposit, stock portfolios, real property, and any other financial asset that can be liquidated or sold, when making that determination. The bill would authorize management to consider liabilities, as well as the additional financial assets, when determining whether the prospective purchaser has the financial ability to pay the rent, estimated utilities, and other charges. The bill would provide that management may be held liable to a selling homeowner for failing to comply with those provisions.